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BOOK 20 ORD-99-1190 TO ORD-05-1249 (DATED 04-13-1999 TO 06-14-2005)
M • • • 1 y 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 99-1190 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ASSUMING ENFORCEMENT FOR THE MOBILEHOME PARK ACT THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA DOES ORDAIN AS FOLLOWS: Section 1: The City of Hermosa Beach assumes responsibility for the enforcement of California Health and Safety Code, Division 13, Part 2.1 and the related administrative regulations. Section 2: The City of Hermosa Beach Community Development Department will have the enforcement responsibilities for the one mobile home park located in the City and has a total of three qualified, trained personnel to perform the enforcement activities. Section 3: The City of Hermosa Beach Community Development Department will ensure that the goals of the State enforcement program are followed and also be able to provide a high level of service to the park residents and park owners. Section 4: There is one mobile home park in the City, Marineland Mobile Estates, located at 531 Pier Ave. It has 66 spaces; most of the spaces have homes located on them. There are three foundations in the park that will be removed which will allow the park to locate three additional mobile homes in the park. The park was built in 1950, and the utility systems were recently upgraded. Section 5: The City of Hermosa Beach has an overall objective of improving the conditions in the park by providing all enforcement activities in a timely and consistent manner. H H H • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21- 22 23 24 25 26 27 28 Section 6: The City of Hermosa Beach will assume the enforcement responsibility on July 1, 1999 and the City will adopt, by resolution, the schedule of fees and charges set by the California Housing and Community Development Department. Section 7: The City Council of the City of Hermosa Beach directs that the City Manager takes all necessary steps to implement this ordinance. vote: PASSED, APPROVED and ADOPTED this 13th day of April, 1999, by the following AYES: Bowler, Oakes, Reviczky, Mayor Benz NOES: None AB SENT - Edgerton ABSTAIN: None PRESIDENT of the City ATTEST - City Clerk YOR of the City of Hermosa Beach, California APPROVED AS TO FORM: -2- 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. 99-1190 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 day of April, 1999, and was published in the Easy Reader newspaper on April 22, 1999. The vote was as follows: AYES: Bowler, Oakes, Reviczky, Mayor Benz NOES: None AB SENT - Edgerton ABSTAIN: None DATED: April 22, 1999 City Cler 0 PROOF OF PUBLICATION (2015.5C.C.P.) WCSTATE OF CALIFORNIA, ounty 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 print- er of the BEACH PEOPLE'S EASY READER, a news- paper 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 small- er that nonpareil(, has been published in each regu- lar and entire issue of said newspaper and not in any supplement thereof on the following dates, to -\Nit: April 22 all in the year 1999. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, this 22nd day of April 1999. �i S'ignaturee EASY READER, INC. • P. O. BOX 427 832 HERMOSA AVENUE, HERMOSA BEACH, CA 90254 Telephone: (310) 372-4611 Proof of Publication of: CITY OF HERMOSA BEACH HEL-136 �I. Mobile Estates, located at 531 Pier Ave. It has 66 spaces; most of the spaces have homes locat- ed on them. There are three f foundations in the park that will be removed which will allow the park to locate three additional mobile homes in the park. The park was built in 1950, and the CITY OF HERMOSA BEACH utility systems were recently ORDINANCE NO. 99-1190 upgraded. AN ORDINANCE OF THE CITY tin : The City of OF HERMOSA BEACH, Hermosa Beach has an overall CALIFORNIA, ASSUMING objective of improving the condi- ENFORCEMENT FOR THE tions in the park by providing all MOBILEHOME PARK ACT enforcement activities in a timely and consistent manner. THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH.tin : The City of CALIFORNIA DOES ORDAIN AS Hermosa Beach will assume the FOLLOWS: enforcement responsibility on ' July 1, 1999 and the City will. Section 1: The City of adopt, by resolution, the sched- Hermosa Beach assumes ule of fees and charges' set by responsibility for the enforcement the California Housing ' and of California Health and Safety Community Development Code, Division 13, Part 2.1 and Department. the related administrative regula- tions. Section 7: The City Council of the City of Hermosa Beach Section 2: The City of directs that the City Manager Hermosa `Beach Community takes all necessary steps to Development Department will implement this ordinance. have the enforcement responsi- bilities for the one mobile home PASSED, APPROVED and park located in the City and has a ADOPTED this 13th day of April, total of three qualified, trained 1999, by the following vote: personnel to perform the enforcement activities. AYES: Bowler, Oakes, Reviczky, Section : The City of Mayor Benz Hermosa Beach Community NOES: None ABSTAIN: None Development Department will ABSENT: Edgerton ensure that the goals of the State enforcement program are fol- PRESIDENT of the City Council lowed and also be able to provide and MAYOR of the City of a'high level of service to the park Hermosa Beach, California residents and park owners. ATTEST: Elaine Doerfling Section 4: There is one mobile City Clerk home park in the City, ,Marineland APPROVED AS TO FORM: Michael Jenkins City Attorney ER April 22, 1999/HBL-136 2 3 4 5 6 7 8 9 10 11 12 13 . 14 15 16 17 18 19 20 21 22 23 24 25 26 27 0 28 ORDINANCE NO. 99-1191 AN ORDINANCE AMENDING THE LAND USE DESIGNATION OF CERTAIN PROPERTY FROM COMMERCIAL TO MEDIUM DENSITY RESIDENTIAL THE PEOPLE OF THE CITY OF HERMOSA BEACH DO ORDAIN AS FOLLOWS: HERMOSA BEACH RESIDENTIAL AND COMMERCIAL IMPROVEMENT ENABLING ACT SECTION 1. Title This Act shall be known and may be cited as the "Hermosa Beach Residential and Commercial Improvement Enabling Act." SECTION 2. Findings and Declarations The people of the City of Hermosa Beach hereby find and declare all of the following: (a) The zone change and General Plan amendment necessary for the proposed residential and commercial improvement project, which was approved by resolution of the Hermosa Beach Planning Commission, and endorsed by a 2 to 1 vote of the Hermosa Beach City Council, should be submitted to the voters of the City for their approval. (b) The proposed residential and commercial improvement project will be subject to the City development approval process, including all applicable planning and environmental requirements. (c) The proposed commercial element of the project would replace the Mar Vista Motel and other abandoned businesses, all of which have become a blight on Pacific Coast Highway, with increased commercial activity by one of the City's longest standing businesses and top sales tax generators. (d) The property upon which the proposed residential element of the project would be located is appropriate for such use, as it is located in an area predominantly residential in character, and bordered on both the north and west by existing residential uses. The new project would enhance property values for existing residences. (e) The combined residential and commercial project elements would maximize present and future sales tax revenues for the City, and would generate an additional $8,000 to $10,000 in • 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 0 28 annual property tax revenues, all of which could pay for police, fire and other vital municipal services without any increase in residential taxes. Permit fees for the residential element would generate approximately $44,000 for the benefit of public schools in Hermosa Beach. SECTION 3. Purpose and Intent The people of the City of Hermosa Beach hereby declare their purpose and intent in enacting this Act to be as follows: (a) To allow the zone change and General Plan amendment necessary for the proposed project, which was approved by resolution of the Hermosa Beach Planning Commission, and endorsed by a 2-1 vote of the Hermosa Beach City Council, to be submitted to the voters of the City for their approval. (b) To maintain the requirement that the proposed project be subject to the City development approval process, including all applicable planning and environmental requirements. (c) To allow a blight on the City of Hermosa Beach to be removed. (d) To allow a current business to establish a more efficient layout for continued operations and maximization of sales tax revenue for the City. (e) To allow a proposal for a residential project that is bordered by residential uses to the north and west and located in an area which is predominantly residential in character to move forward. (f) To generate additional sales tax and property tax revenues to the City, while reducing traffic congestion for 6th Street residents, and permit an application to proceed for construction of a high-end, low-density residential neighborhood which would enhance adjacent residential property values. SECTION 4. Project Location The residential and commercial projects described in this Act whose application would be permitted to proceed are located at the properties described below: (a) 635 Pacific Coast Highway, legally described as the westerly 120 feet of a portion of Lot 27, Block 78, 2nd Addition to Hermosa Beach, M.B. 3-11-12. -2- L� 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 (b) 705 Pacific Coast Highway, legally described as the westerly 120 feet of a portion of Lot 28, Block 78, 2nd Addition to Hermosa Beach, M.B. 3-11-12. SECTION 5. Project Description Subject to City approval, the proposed residential and commercial project would be accomplished by resubdividing the two properties, described in Section 4(a) and (b) above, into two parcels. The rear 120 feet of said properties would become Lot 1, upon which the residential project would be constructed. The Pacific Coast Highway frontage of the same two described properties, to a depth of 170 feet, would become Lot 2 and be utilized for commercial purposes. SECTION 6. General Plan Amendment and Zone Chante Findings The people of the City of Hermosa Beach hereby make the following findings pertaining to the General Plan Amendment and Zone Change provided for in this Act: (a) The General Plan Amendment and Zone Change will recognize current market conditions which have not supported or created an interest in commercial development at this location at the existing depth, and allow the development of a more appropriate residential land use on the rear portion, while continuing to facilitate commercial development consistent with the Commercial Corridor for the remaining commercial portion of the property. (b) The subject property to be redesignated is appropriate for residential use as it is abutted by residential uses to the north and west, 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 commercial use. The redesignation to Medium Density Residential on the General Plan Map and R-2 on the Zoning Map will be consistent with designations to the west of the subject property, and will allow a density of residential uses in a range consistent with surrounding residential development. The residential use of the property will provide property tax benefits and will not unduly strain city services. (c) The General Plan Amendment and Zone Change will allow for vacant and underdeveloped property to be placed in more productive use which will further eliminate a dangerous and substandard condition. -3- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27,- • 28 (d) On April 21, 1998, the Planning Commission concurred with the Staff Environmental Review Committee's recommendation, based on their Environmental Assessment/ Initial Study, that the project would result in a less than significant impact on the environment, and therefore qualified for a Mitigated Negative Declaration. SECTION 7. General Plan Amendment The Land Use Map of the General Plan is hereby amended by changing the Land Use Designation of the westerly 120 feet of Lots 27 and 28, Block 78, 2nd Addition to Hermosa Beach, M.B. 3-11-12, as shown on the attached map, from Commercial Corridor to Medium Density Residential as that designation is defined in the General Plan on August 1, 1998. SECTION 8. Zoning Change The Official Zoning Map is hereby amended by changing the zoning district of the westerly 120 feet of Lots 27 and 28, Block 78, 2nd Addition to Hermosa Beach, M.B. 3-11-12, as shown on the attached map, from S.P.A.7 to R-2 (Two -Family Residential) as that zoning district is defined in the Zoning Ordinance on August 1, 1998. SECTION 9. Severability If any provision of this Act, or part thereof, is for any reason held to be invalid or unconstitutional, the remaining provisions shall not be affected, but shall remain in full force and effect, and to this end the provisions of the Act are severable. Ordinance No. 99-1191 - PASSED, APPROVED AND ADOPTED BY THE ELECTORATE OF THE CITY OF HERMOSA BEACH AT THE SPECIAL MUNICIPAL ELECTION ON MAY 18, 1999, BY THE FOLLOWI)T� VOTE: PRESIDENT of the NY C ATTEST: City Clerk AYES - 1,228 NOES - 602 YOR of the City of Hermosa Beach, California -4- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 ORDINANCE NO. 99-1192 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING BY REFERENCE PART 2 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 1998 CALIFORNIA BUILDING CODE; PART 3 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 1998 CALIFORNIA ELECTRICAL CODE; PART 4 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 1998 CALIFORNIA MECHANICAL CODE; PART 5 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 1998 CALIFORNIA PLUMBING CODE; PART 9 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 1998 CALIFORNIA FIRE CODE; PART 10 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 1998 CALIFORNIA CODE FOR BUILDING CONSERVATION; THE 1997 EDITION OF THE UNIFORM HOUSING CODE; AND THE 1997 EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS; AMENDING SAID CODES; AND AMENDING TITLE 15 OF THE HERMOSA BEACH MUNICIPAL CODE WHEREAS, the 1997 editions of the Uniform Codes have been adopted by the State of California Building Standards Commission, with amendments, to represent the construction regulations for all structures within California; and, WHEREAS, local amendments may be made to those Codes to address local needs; and, WHEREAS, the justification for local amendments is set forth in Resolution No. 99-5999. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Title 15 of the Hermosa Beach Municipal Code is amended to read as follows: "Title 15 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, 1998 Edition (Part 2 of Title 24 of the California Code of Regulations), which incorporates 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 0 28 and amends the Uniform Building Code, 1997 Edition, published by the International Conference of Building Officials, including appendices, excepting Chapters 3, Division III and IV, 4 ,Division II, 11, 13, 21, 23, and 31 of said 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 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. 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. 15.04.020. Board of Appeals. Section 105 of said building code is hereby amended to read as follows: SECTION 105. 105.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the Director of the Community Development Department relative to the application and interpretation of this code, 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 Director of the Community Development Department 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 governing body 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 Director of the Community Development Department. 105.2 Limitations of authority. The Board of Appeals shall have no authority relative to interpretation of the administrative provisions of this code nor shall the board be empowered to waive requirements of this code. -2- LA 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 105.3 Quorum 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 Council may prescribe by resolution, to employ at the cost and expense of said 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. 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 1-7 Sections 1.04.010 through 1 12.010 of the Hermosa Beach City Code. 15.04.040. Fees. Section 107 of said building code is hereby amended to read as follows: SECTION 107. 107.1 General. Fees shall be assessed in accordance with the provisions of this section. 107.2 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 Director of the Community Development Department. The value -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 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. 107.3 Plan review fees. When a plan or other data are required to be submitted by subsection 107.2, 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 107.2 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. 107.4 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 Director of the Community Development Department. The Director of the Community Development Department may extend the time for action by the applicant for a period not exceeding one hundred 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. 107.6 Fee refunds. (1) The Director of the Community Development Department may authorize the refunding of any fee paid hereunder which was erroneously paid or collected. -4- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 (2) The Director of the Community Development Department 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 Director of the Community Development Department 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 Director of the Community Development Department 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. Security. Said building code is hereby amended by adding thereto a new chapter, designated as "Appendix Chapter 10, Security," to read as follows: APPENDIX CHAPTER 10. SECURITY. Section 1001. Purpose. The purpose of this chapter is to set forth minimum standards of construction for resistance to unlawful entry. Section 1002. Scope. The provisions of this chapter shall apply to Group A, B, E, F, H; I, M, R, S and U Occupancies. Exception. The requirements shall not apply to Group U Occupancies having no openings to an attached building or which are completely detached. Section 1003. Limitations. No provisions of this chapter shall require or be construed to require locking devices on exit doors contrary to the requirements specified in Chapter 10. Section 1004. Alternate Security Provisions. The provisions of this chapter are not intended to prevent the use of any device or method of construction not specifically prescribed by this code when such alternate provides equivalent security based upon a recommendation of the Chief of Police. -5- rM 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 Section 1005. Definitions. For the purpose of this chapter, certain terms are defined as follows: Cylinder guard is a hardened ring surrounding the exposed portion of the lock cylinder or other device which is so fastened as to protect the cylinder from wrenching, prying, cutting or pulling by attack tools. Deadlocking_ latch is a latch in which the latch bolt is positively held in the projected position by a guard bolt, plunger or auxiliary mechanism. Deadbolt is a bolt which has no automatic spring action and which is operated by a key cylinder, thumb turn or lever, and is positively held fast when in the projected position. Latch is a device for automatically retaining the door in a closed position upon its closing. Section 1006. Tests -Sliding Glass Doors. Panels shall be closed and locked. Tests shall be performed in the following order - 1006.1 Test A. With the panels in the normal position, a concentrated load of three hundred (300) pounds shall be applied separately to each vertical pull stile incorporating a locking device at a point on the stile within six (6) inches of the locking device, in the direction parallel to the plane of glass that would tend to open the door. 1006.2 Test B: Repeat Test A while simultaneously adding a concentrated load of one hundred fifty (150) pounds to the same area of the same stile in a direction perpendicular to the plane of glass toward the interior side of the door 1006.3 Test C: Repeat Test B with the 150 -pound force in the reversed direction towards the exterior side of the door, 1006.4 Tests D, E and F. Repeat Tests A, B and C with the movable panel lifted upwards to its full limit within the confines of the door frame. Section 1007 Tests -Sliding Glass Windows. Sash shall be closed and locked. Tests shall be performed in the following order - 1007.1 Test A. With the sliding sash in the normal position, a concentrated load of one hundred fifty (150) pounds shall be applied separately to each sash member incorporating a locking device at a point on the sash member within six (6) inches of the -6- LJ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 0 28 locking device, in the direction parallel to the plane, of glass that would tend to open the window, its full limit within the confines of the door frame. 1007.2 Test B: Repeat Test A while simultaneously adding a concentrated load of seventy -rive (75) pounds to the same area of the same sash member in the direction perpendicular to the plane of glass toward the interior side of the window. its full limit within the confines of the door frame. 1007.3 Test C: Repeat Test B with the 75 -pound force in the reversed direction towards the exterior side of the window. its full limit within the confines of the door frame. 1007.4 Tests D, E and F. Repeat Tests A, B and C with the movable sash lifted upwards to its full limit within the confines of the window frame. Section 1008. Doors -Generally. A door forming a part of the enclosure of a dwelling unit or of an area occupied by one tenant of a building shall be constructed, installed and secured as set forth in sections 1009, 1010, 1011 and 1012, when such door is directly reachable or capable of being reached from a street, highway, yard, court, passageway, corridor, balcony, patio, breezeway, private garage, portion of the building which is available for use by the public or other tenants, or similar area. A door enclosing a private garage with an interior opening leading directly to a dwelling unit shall also comply with said sections 1009, 1010, 1011 and 1012. Section 1009. Doors -Swinging. 1009.1 Swinging wooden doors, openable from the inside without the use of a key, and which are either of hollow core construction or less than one and three-eighths (1- 3/8)inches in thickness, shall be covered on the inside face with 16 -gauge sheet metal attached with screws at least six-inch maximum centers around the perimeter or equivalent. Lights in doors shall be as set forth in sections 1014 and 1015. 1009.2 A single swinging door, the active leaf of a pair of doors, and the bottom leaf of Dutch doors shall be equipped with a deadbolt and a deadlocking latch. The deadbolt and latch may be activated by one lock or by individual locks. Deadbolts shall contain hardened inserts, or equivalent, so as to repel cutting tool attack. The lock or locks -7- 2 3 4 5 6 7 8 9 10 11 12 13 . 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 shall be key -operated from the exterior side of the door and engaged or disengaged from the interior side of the door by a device not requiring a key or special knowledge or effort. Exceptions: (1) Locks may be key, or otherwise, operated from the inside when not prohibited by Chapter 10 or other laws and regulations. (2) A swinging door of width greater than five (5) feet may be secured as set forth in section 1011. A straight deadbolt shall have a minimum throw of one inch and the embedment shall be not less than five-eighths inch into the holding device receiving the projected bolt. A hook shape or expending lug deadbolt shall have a minimum throw of three-quarters inch. All deadbolts of locks which automatically activate two (2) or more deadbolts shall embed at least one-half inch, but need not exceed three-quarters inch, into the holding devices receiving the projected bolts. 1009.3 The inactive leaf of a pair of doors and the upper leaf of Dutch doors shall be equipped with a deadbolt or deadbolts as set forth in subsection 1009.2. Exceptions: (1) The bolt or bolts need not be key -operated, but shall not be otherwise activated, from the exterior side of the door. (2) The bolt or bolts may be engaged or disengaged automatically with the deadbolt or by another device on the active leaf or lower leaf. (3) Manually operated hardened bolts at the top and bottom of the leaf and which embed a minimum of one-half inch into the device receiving the projected bolt -may be used when not prohibited by Chapter 10 or other laws and regulations. 1009.4 Door stops on wooden jambs for in -swinging doors shall be of one piece construction with the jamb or joined by a rabbet. 1009.5 Nonremovable pins shall be used in pin -type hinges which are accessible from the outside when the door is closed. -8- • 2 3 4 5 6 7 8 9 to 11 12 13 . 14 15 16 17 18 19 20 21 22 23 24 25 26 27 i 28 1009.6 Cylinder guards shall be installed on all mortise or rim -type cylinder locks installed in hollow metal doors whenever the cylinder projects beyond the face of the door or is otherwise accessible to gripping tools. Section 1010. Doors --Sliding Glass. Sliding glass doors shall be equipped with locking devices and shall be so installed that, when subjected to tests specified in section 1006, remain intact and engaged. Movable panels shall not be rendered easily openable or removable from the frame during or after the tests. Cylinder guards shall be installed on all mortise or rim -type cylinder locks installed in hollow metal doors whenever the cylinder projects beyond the face of the door or is otherwise accessible to gripping tools. Section 1011. Doors --Overhead and Sliding. Metal or wooden overhead and sliding doors shall be secured with a cylinder lock, padlock with a hardened steel shackle, metal slide bar, bolt or equivalent when not otherwise locked by electrical power operation. Section 1012. Doors --Metal Accordion Grate or Grille Type. Metal accordion grate or grille -type doors shall be equipped with metal guides at top and bottom, and a cylinder lock or padlock and hardened steel shackle shall be provided. Cylinder guards shall be installed on all mortise or rim -type cylinder locks installed in hollow metal doors whenever the cylinder projects beyond the face of the door or is otherwise accessible to gripping tools. Section 1013. Lights --In General. A window, skylight or other light forming a part of the enclosure of a dwelling unit or of an area occupied by one tenant of a building shall be constructed, installed and secured as set forth in sections 1014 and 1015, when the bottom of such window, skylight or light is not more than sixteen (16) feet above the grade of a street, highway, yard, court, passageway, corridor, balcony, patio, breezeway, private garage, portion of the building which is available for use by the public or other tenants, or similar area. A window enclosing a private garage with an interior opening leading directly to a dwelling unit shall also comply with said sections 1014 and 1015. Section 1014. Lights --Material. Lights within forty (40) inches of a required locking device on a door when in the closed and locked position and openable from the inside without the use of a key, and lights with a least dimension greater than six (6) inches but less than forty-eight -9- LJ 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 0 28 (48) inches in B or M Occupancies, shall be fully tempered glass, approved burglary -resistant material, or guarded by metal bars, screens or grilles in an approved manner. Section 1015. Lights -Locking Devices. 1015.1 Sliding glass windows shall be provided with locking devices that, when subjected to the tests specified in Section 1007, remain intact and engaged. Movable panels shall not be rendered easily openable or removable from the frame during or after the tests. 1015.2 Other openable windows shall be provided with substantial locking devices which render the building as secure as the devices required by this section. In Group B or M Occupancies, such devices shall be a glide bar, bolt, crossbar and/or padlock with hardened steel shackle. 1015.3 Special: Louvered windows, except those above the first story, in Group R Occupancies which cannot be reached without a ladder shall be of material or guarded as specified in Section 1014 and individual panes shall be securely fastened by mechanical fasteners requiring a tool for removal and not accessible from the outside when the window is in the closed position. Section 1016. Other Openings --in General. Openings, other than doors or lights, which form a part of the enclosure, or portion thereof, housing a single occupant and the bottom of which is not more than sixteen (16) feet above the grade of a street, highway, yard, court, passageway, corridor, balcony, patio, breezeway, or similar area, or from a private garage, or from a portion of the building which is occupied, used or available for use by the public or other tenants, or an opening enclosing a private garage attached to a dwelling unit, shall be constructed, installed and secured as set forth in Section 1017 Section 1017 Hatchways, Scuttles and Similar Openings. 1017.1 Wooden hatchways less than one and three-quarters (1-3/4) of an inch thick solid wood shall be covered on the inside with 16 -gauge sheet metal attached with screws at six-inch maximum centers around perimeter. 1017.2 The hatchway shall be secured from the inside with a slide bar, slide bolts and/or padlock with a hardened steel shackle. Im 1 1017.3 Outside pin -type hinges shall be provided with nonremovable pins. 2 1017.4 Other openings exceeding ninety-six (96) square inches with a least 3 dimension exceeding eight (8) inches shall be secured by metal bars, screens or grilles in an 4 approved manner, s Section 1018. Garages --Subterranean and Other Type Parking Garages. Subterranean or 6 other types of parking garages serving apartments with a common entrance and/or exit shall 7 provide for an automatic mechanical security system (gate or door) for each entrance and/or exit. 8 Incorporated into such security system shall be a means to open the gates and/or doors from both 9 the outside and inside as follows: 10 1018.1 From the outside, the gates and/or doors shall be operable by key, card key 11 or electronic device approved by the Building Official. 12 1018.2 From the inside, the gates and/or doors shall be hand -operable by a 13 conspicuously placed pull cord or other type obvious activator. 14 The materials and method of construction of the gates and/or doors may be wood, 15 metal or other material approved by the Building Official. All mechanical security systems 16 shall be subject to the review and approval of the Fire Department prior to installation. 17 18 15.04.060 Minimum dwelling unit size. 19 Section 310.7 1 of said building code is hereby amended to read as follows: 20 SECTION 310.7.1. 21 Section 310.7.1. Minimum Dwelling Unit Size. 22 310.7.1.1 Multifamily dwellings. All multifamily dwelling units, including duplexes 23 and garage apartments, in the City shall have at least the following gross floor areas, 24 exclusive of porches, garages, balconies, or other such accessory structures or architectural 25 features: 26 (1) One bedroom or less: Six hundred (600) square feet. 27 (2) Two bedrooms: Nine hundred (900) square feet. r28 (3) Three bedrooms: Twelve hundred (1200) square feet. -r1 LJ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 (4) Three bedrooms and den, or four bedrooms: Fifteen hundred (1500) square feet. (5) More than four bedrooms: Eighteen hundred (18 00) square feet. 310.7.1.2 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. 310.7.1.3 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. Section 110 of said building code is hereby amended to read as follows: SECTION 110. Section 110. Protection of Adjacent Property During Construction. 110.1 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. 110.2 The Director of the Community Development Department 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 12- 1 further damage will occur to the adjacent property, and written approval is obtained from 2 the Director of the Community Development Department that said work can recommence. 3 110.3 During construction work, if there is damage caused to adjacent properties, 4 the Building Division shall withhold final inspection of said work until the damage to the s adjoining property is repaired. If there is a dispute between the owner of the damaged 6 property and the party alleged to have caused said damage, the issue of who caused the 7 damage will remain a civil matter and final determination will have to be resolved by the 8 courts. During the interim, while the matter is being resolved, the contractor or owner of 9 the construction work may receive final inspection from the Building Division, providing a 10 bond is posted with the City in an amount which the Director of the Community 11 Development Department reasonably anticipates as necessary to pay for the cost of repair 12 or damage. 13 110.4 The bond shall be approved as to form by the City Attorney and held by the 14 City until the dispute is resolved between the parties or by a court of competent jurisdiction. 15 In the event that the aggrieved party does not submit proof to the city that an action has in 16 fact been filed within six (6) months after the issuance of the Certificate of Occupancy, then 17 the City shall, unless good cause is shown, release the bond. 18 110.5 Prior to the commencement of any sandblasting activities, the owner or 19 contractor shall provide written notice to the property owners and occupants located within 20 one hundred (100) feet of the sandblasting site that sandblasting will occur. Said notice 21 shall be provided to the affected property owners and occupants at least forty-eight (48) 22 hours prior to any sandblasting taking place. The notice shall contain the following 23 information: 24 (1) Address where sandblasting will occur-, 25 (2) Date(s) and approximate times sandblasting will occur-, 26 (3) Name, address, telephone number and state license number of contractor-, 27 (4) Name, address and telephone number of the owner of the structure which is • 28 being sandblasted. -13- 1 2 15.04.080. Roof Covering Requirements. 3 Section 1503 of said building code is hereby amended to read as follows - 4 SECTION 1503. 5 The roof covering on any structure regulated by this code shall be as specified in Table No. 6 15-A and as classified in Section 1504, except that the minimum roof -covering assembly shall be a 7 class "B" roofing assembly. 8 The roof -covering assembly includes the roofdeck, underlayment, interlayment, insulation 9 and covering which is assigned a roof -covering classification. 10 11 15.04.090. Skylights. 12 Section 2409.4 of said building code is hereby amended to read as follows: 13 SECTION 2409.4 14 All skylight frames shall be constructed of noncombustible materials. Skylights, the glazing 15 of which is set at an angle of less than forty-five (45) degrees from the horizontal, shall be mounted 16 at least four (4) inches above the plane of the roof on a curb constructed as required for the type of 17 construction. 18 19 15.04.100. Fire extinguishing systems. 20 Section 904 of said building code is hereby amended by amending the following sections to 21 read as follows: 22 904.2.3.1 Group A Occupancies. 1 Drinking establishments. An automatic 23 sprinkler system shall be installed in rooms used by the occupants for the consumption of 24 alcoholic beverages and unseparated accessory uses where the total area of such 25 unseparated rooms and assembly uses exceeds three thousand five hundred (3,500) square 26 feet. For uses to be considered as separated, the separation shall not be less than as 27 required for a one-hour occupancy separation. The area of other uses shall be included 28 unless separated by at least a one-hour separation. -14- LJ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 0 28 904.2.3.3 Exhibition and display rooms. An automatic sprinkler system shall be installed in Group A Occupancies which have more than three thousand five hundred (3,500) square feet of floor area which can be used for exhibition or display purposes. 904.2.8 Group M Occupancies. An automatic sprinkler system shall be installed in retail sales rooms classed as Group M Occupancies where the floor area exceeds three thousand five hundred (3,500) square feet on any floor or five thousand (5,000) square feet on all floors or in Group M retail sales occupancies more than one story in height. The area of mezzanines shall be included in determining the areas where sprinklers are required. 904.2.9 Group R, Division 1 Occupancies. An automatic sprinkler system shall be installed throughout every apartment house three (3) or more stories in height or where the floor area exceeds five thousand (5,000) square feet; and every hotel three (3) or more stories in height or where the floor area exceeds five thousand (5,000) square feet. Residential or quick -response standard sprinkler heads shall be used in the dwelling unit and guest room portions of the building. Table No. 9-A, Standpipe requirements of said building code is hereby amended to substitute the term "three (3) stories" wherever the term "four (4) stories" appears in said table. 15.04.110. Fire alarm systems. The first paragraph of Section 3 10. 10 shall be amended to read as follows: SECTION 310.10. 3 10. 10 A manual and automatic approved fire alarm system shall be installed in apartment houses that are three (3) or more stories in height or contain sixteen (16) or more dwelling units and in hotels three (3) or more stories in height or containing twenty (20) or more guest rooms, in accordance with the fire code. For the purposes of this section, lofts or mezzanines shall be considered as stories. 15.04.120. Excavation and fills. -15- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 The second paragraph of Section 3301.1 shall be amended to read as follows: 3301. I Slopes for permanent or temporary fills shall not be steeper than 1 unit vertical in 2 units horizontal (50% slope). Cut slopes for permanent or temporary excavations shall not be steeper than 1 unit vertical in 2 units horizontal (50% slope) unless substantiating data justifying steeper cut slopes are submitted. Deviation from the foregoing limitations for cut slopes shall be permitted only upon the presentation of a soil investigation report acceptable to the building official. 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 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. 15.08.020. Housing Advisory and Appeals Board. Section 203 of the housing code is hereby amended to read as follows: SECTION 203.1 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 -16- 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 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 105 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 Director of the Community Development Department. 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. Section 205 of said housing code is hereby amended to read as follows: SECTION 205. 17- 1 Any member of the board may be removed prior to the expiration of his or her term by the 2 affirmative vote of four (4) of the five (5) councilmembers; provided, however, that no member of 3 the board may be so removed during the first ninety (90) days following any municipal election at 4 which a member of the city council is elected. 5 6 CHAPTER 15.12 7 MECHANICAL CODE 8 9 15.12.010. Adoption of Mechanical Code. 10 Except as hereinafter provided, the California Mechanical Code, 1998 Edition (Part 4 of 11 Title 24 of the California Code of Regulations), which incorporates and amends the Uniform' 12 Mechanical Code, 1997 Edition, published by the International Conference of Building Officials, 13 including Appendices A, B and C, is hereby adopted by reference and made a part of this chapter as 14 though set forth in this chapter in full. Said code shall comprise the Mechanical Code of the City of 15 Hermosa Beach. A copy of the Mechanical Code shall be maintained in the office of the City 16 Clerk, and shall be made available for public inspection while the Code is in force. 17 Whenever the word "jurisdiction" appears in said code, it shall mean and refer to the City of 18 Hermosa Beach. 19 Whenever the term "building official" appears in said code, it shall mean and refer to the 20 Director of Community Development of the City of Hermosa Beach. 21 22 15.12.020. Board of Appeals. 23 Section 110 of said mechanical code is hereby amended to read as follows: 24 SECTION 110. 25 110.1 General. In order to hear and decide appeals of orders, decisions or 26 determinations made by the Director of the Community Development Department relative 27 to the application and interpretation of this code, there shall be and is hereby created a • 28 Board of Appeals consisting of members who are qualified by experience and training to -18- 1 pass upon matters pertaining to mechanical design, construction and maintenance and 2 public health aspects of mechanical systems and who are not employees of the jurisdiction. 3 Said board shall be the same Board of Appeals specified in section 105 of the Building 4 Code as amended by section 15.04.020 of this Code. 5 The Director of the Community Development Department shall be an ex officio 6 member and shall act as secretary to said board but shall have no vote upon any matter 7 before the board. The board of appeals shall be appointed by the governing body and shall 8 hold office at its pleasure. The board shall adopt rules of procedure for conducting its 9 business and shall render all decisions and findings in writing to the appellant, with a 10 duplicate copy to the Director of the Community Development Department. 11 110.2 Limitations of authority. The Board of Appeals shall have no authority 12 relative to interpretation of the administrative provisions of this code nor shall the board be 13 empowered to waive requirements of this code. 14 15 15.12.030. Mechanical Permit Fees. 16 Sections 115.2 and 115.3 of said mechanical code are hereby amended to read as follows: 17 SECTION 115. 18 115.2 Permit fees. The fee for each permit shall be as set forth in the latest 19 resolution adopted by the City Council. 20 115.3 Plan review fees. When a plan or other data are required to be submitted 21 pursuant to Section 113.2, a plan review fee shall be paid at the time of submitting plans 22 and specifications for review. Said plan review fee shall be equal to fifty (50) per cent of 23 the mechanical permit fee. 24 25 Chapter 15.16 26 PLUMBING CODE 27 28 15.16.010. Adoption of Plumbing Code. • 19- 1 Except as hereinafter provided, the California Plumbing Code, 1998 Edition (Part 5 of Title 2 24 of the California Code of Regulations), which incorporates and amends the Uniform Plumbing 3 Code, 1997 Edition, published by the International Association of Plumbing and Mechanical 4 Officials, including appendices, and including the installation standards contained in Appendix 1, is 5 hereby adopted by reference and made a part of this chapter as though set forth in this chapter in 6 full. Said code shall comprise the Plumbing Code of the City of Hermosa Beach. A copy of the 7 Plumbing Code shall be maintained in the office of the City Clerk, and shall be made available for 8 public inspection while the Code is in force. 9 Whenever the word "jurisdiction" appears in said code, it shall mean and refer to the City of 10 Hermosa Beach. 11 Whenever the term "administrative authority" or "building official" appears in said code, it 12 shall mean and refer to the Director of Community Development of the City of Hermosa Beach. 13 14 15.16.020. Fees. • 15 The schedule of fees contained in table 1-1 of the Plumbing Code is hereby deleted and the 16 schedule of fees adopted by latest resolution of the City Council hereby substituted therefor. 17 18 15.16.030. Board of Appeals. 19 Section 102.2.7 is hereby added to said plumbing code to read as follows: 20 Section 102.2.7. Board of Appeals 21 102.2.7.1 General. In order to hear and decide appeals of orders, decisions or 22 determinations made by the Building Official relative to the application and interpretations 23 of this code, there shall be and is hereby created a board of appeals consisting of members 24 who are qualified by experience and training to pass upon matters pertaining to plumbing 25 design, construction and maintenance and public health aspects of plumbing systems and 26 who are not employees of the jurisdiction. Said board shall be the same Board of Appeals 27 specified in section 105 of the Building Code as amended by section 15.04.020 of this 28 Code. 2 3 4 5 6 7 8 9 10 11 12 13 14 • 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 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 governing body 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 Board of Appeals shall have no authority relative to interpretation of the administrative provisions of this code nor shall the board be empowered to waive requirements of this code. 15.16.040. Nonmetallic Drainage Piping. Section 701 of the Plumbing Code is hereby amended by adding the following subsection: Section 701.1.2.1. Nonmetallic drainage piping shall not carry effluent from one tenancy through another tenancy or through a wall common with another tenancy. Exception: The nonmetallic drainage piping is isolated from the through -tenancy by laminated gypsum boards at least one and one-half (1 1/2) inches in total thickness, or by materials submitted to the administrative authority and approved by the same. 15.16.050 Installation of Garbage Grinders. Section 421 of said plumbing code is hereby amended to read as follows: Section 421 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 -21- rm 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 i 28 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. 15.16.060. Abandoned Sewers and Sewage Disposal Facilities. Section 722.1 of said plumbing code is hereby amended to read as follows: Section 722.1 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. CHAPTER 15.20 FIRE PREVENTION CODE 15.20.010. Adoption of Fire Code. _22_ LJ 2 3 4 5 6 7 8 9 10 11 12 13 14 0 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 Except as hereinafter provided in this Chapter, the California Fire Code, 1998 Edition (Part 9 of Title 24 of the California Code of Regulations), which incorporates and amends the Uniform Fire Code and Uniform Fire Code Standards, 1997 Edition, prepared by the International Fire Code Institute, International Conference of Building Officials and the Western Fire Chiefs Association, 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. 15.20.020. Establishment and duties of Burhu 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. As used in this chapter, the following words and terms shall have the meaning ascribed thereto: 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. Ma 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. -23- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 The limits referred to in Section 7701 7.2 of the Fire Code, in which storage of explosives and blasting agents is prohibited, are hereby established as follows: All property zoned for residential and commercial uses. 15.20.050. District limits where flammable liquids storage in outside aboveground tanks is restricted. The limits referred to in Section 7902.2.2.1-7904.2.5.4.2 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. The limits referred to in Section 7904.4.1 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. The limits referred to in Section 8204.2 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. The Fire Code is hereby amended and changed in the following respects: ARTICLE 1 OF THE FIRE CODE IS HEREBY AMENDED BY AMENDING THE FOLLOWING SECTIONS TO READ AS FOLLOWS: Section 103.3.5.1 In order to safeguard life, limb, health, property and public welfare, every commercial and industrial building, structure or portion thereof shall conform to the -24- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 requirements for the occupancy to be housed therein, or for the use to which the building, structure or portion thereof is to be put, as set forth in the building, plumbing, electrical, and fire prevention codes of the City for the proposed occupancy, that portion shall be made to conform. Section 103.3.5.2 Each change of occupancy or tenancy of any commercial or industrial building, structure or portion thereof shall require an inspection to be made by the Fire Department. If a portion of any building or structure does not conform to the requirements of the building, plumbing, electrical and fire prevention codes of the City for the proposed occupancy, that portion shall be made to conform. Section 103.3.5.3 Before any commercial or industrial building or structure may be occupied, there shall be approval from the Fire Department. Section 103.3.5.4 The Fire Department shall advise the owner or tenant of those alteration necessary to make the building comply, or, if none, approval shall be given. Section 103.3.5.5 The Fire Chief may allow occupancy of the building or structure without requiring complete compliance with all the requirements of the codes of the City, provided that such occupancy does not result in increased hazard to life, limb, health, property or public welfare. Section 103.3.5.6 Before any inspections will be made by the Fire Department for such change of occupancy or tenancy, there shall be paid to the Finance Department a fee as indicated in the latest resolution adopted by the City Council to cover the cost of inspection of the building for which the change is desired. Such fee shall be in addition to the regular building permit fee required by the building code of the City. ARTICLE 10 OF THE FIRE CODE IS HEREBY AMENDED BY AMENDING THE FOLLOWING SECTIONS TO READ AS FOLLOWS: Section 1003.2.3.1 Group A Occupancies, Drinking Establishments. An automatic sprinkler system shall be installed in room used by the occupants for the consumption of alcoholic beverages and unseparated accessory uses where the total area of such rooms and assembly uses exceeds three thousand five hundred (3,500) square feet. For uses to be considered as separated, -25- r� 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 is 28 the separation shall be not less than as required for a one-hour occupancy separation. The area of other uses shall be included unless separated by at least a one-hour occupancy separation. Section 1003.2.3.3 Group A Occupancies, Exhibition and display rooms. An automatic sprinkler system shall be installed in Group A Occupancies which have more than three thousand five hundred (3,500) square feet of floor area which can be used for exhibition or display purposes. Section 1003.2.7 Group M Occupancies. An automatic sprinkler system shall be installed in retail sales room classed as Group M Occupancies where the floor area exceeds three thousand five hundred (3,500) square feet on any floor or five thousand (5,000) square feet on all floors or in Group M Retail Sales Occupancies more than one (1) story in height. The area of mezzanines shall be included in determining the area where sprinklers are required. Section 1003.2.8 Group R, Division 1 Occupancies. An automatic sprinkler system shall be installed throughout every apartment house three (3) or more stories in height or containing' more than five thousand (5,000) feet on all floors, and every hotel three (3) or more stories in height or containing more than five thousand (5,000) feet on all floors. Residential or quick - response standard sprinkler heads shall be used in the dwelling unit and guest room portions of the building. Section 1007.2.9.1.1, Group R, Division I Occupancies. Table No. 1004-A, Standpipe Required Systems, is hereby amended so that three (3) stories shall be substituted whenever the table refers to four (4) stories, ARTICLE 11 OF THE FIRE CODE IS HEREBY AMENDED BY AMENDING THE FOLLOWING SECTIONS TO READ AS FOLLOWS: Section 1102. Open burning and commercial barbecue -pits. It shall be unlawful for any person, firm or corporation to ignite, set fire to, or cause, or permit to be ignited or burned, any grass, weeds, trees, brush, paper, wood, boxes, trash, rubbish, or other combustible materials within the City. Section 1102.3.9. Outdoor fires such as pit barbecues or bonfires held in connection- with special activities, but not otherwise prohibited by City or County ordinances, may be permitted if in -26- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 the opinion of the Fire Chief, such fires do not create a hazard to persons or property, by obtaining a permit from the Fire Department. Section 1103.2. Accumulation of rubbish and vegetation. Whenever it is necessary for a person to store or accumulate combustible or flammable rubbish or waste material within any building, structure, or enclosure, then such material shall be securely stored in metal or metal lined receptacles or bins equipped with tight -fitting covers or in rooms or vaults constructed of noncombustible materials, with an approved heat actuated self-closing fire door and the storage area shall be protected by an automatic sprinkler system on the basis of one (1) head per fifty (50) square feet or portion thereof. Section 1103.2.7. Inside tire storage. Tires stored inside of buildings shall not block doors, windows, or exitways. Piles and racks of tires which are placed directly against and parallel to walls shall not extend out from said walls more than five (5) feet. Piles or racks of tires placed in rows perpendicular to the walls shall not exceed the ten (10) feet in width or fifty (50) feet in length. Every row of tires shall be accessible on at least two (2) sides by an aisleway at least three (3) feet in width. Tires which are stored in such pattern as to form dead-end aisleways against the walls of buildings shall terminate at an aisleway at least six (6) feet wide at the inside end of such pile. Every rack or pile of tires shall be kept at least eighteen (18) inches below sprinkler heads in a sprinkled building. Piles of tires shall be maintained in such manner as to ensure stability and not become a hazard by falling during a fire or other emergency. Under no circumstances shall a pile or rack of tires exceed twelve (12) feet in height unless approved by the Fire Chief. Section 1103.3.6.1. All tire storage. It is the intent of this section that all tire storage, regardless of whether such storage is in connection with a tire rebuilding plant, shall be made to comply with sections 1103.3.6.2 and 1103.3.6.3. Section 1103.3.6.2. Outside tire storage. Piles of tires or carcasses shall not exceed two thousand (2,000) cubic feet in volume and shall be separated from every other pile by an aisleway at least ten (10) feet in width. Under no circumstances shall a pile of tires exceed twelve (12) feet in height unless approved by the Fire Chief. -27- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 ARTICLE 47 OF THE FIRE CODE IS HEREBY AMENDED BY AMENDING THE FOLLOWING SECTIONS TO READ AS FOLLOWS: Section 4712. Pan locks. Whenever doors leading into the building or structure being fumigated cannot be bolted or secured from the inside, pan locks shall be provided to prohibit access into the building or structure to persons other than the fumigator. Section 4713. Chloropicrin. To discourage entrance into the building or structure being fumigated, unless a watchman would otherwise be required, Chloropicrin shall be added to the fumigant at the rate of one (1) ounce for each fifteen thousand (15,000) cubic feet of space being fumigated. Section 4714. Fumigation inspection. The Fire Department shall make a visual inspection of all buildings or other structures immediately prior to the release of the fumigant into the building or structure, to determine whether the safety precautions outlined in this section have been met. ARTICLE 52 OF THE FIRE CODE, IS HEREBY AMENDED BY AMENDING THE FOLLOWING SECTIONS TO READ AS FOLLOWS: Section 5201.12.1. Remote preset -type devices are to be in the "off' position while not in use so that the dispenser cannot be activated without the knowledge of the attendant. Section 5201.12.2. The dispensing device shall be in clear placed between the dispensing devices and the attendant view of the attendant at all times and no obstacle shall be. Section 5201.12.3. The attendant shall at all times be able to communicate with persons in the dispensing area. APPENDIX H -A OF THE FIRE CODE IS HEREBY AMENDED BY AMENDING THE FOLLOWING SECTIONS TO READ AS FOLLOWS: Section 5.1 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 No. A -III -A-1 will be used). -28- 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 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 No. A -111-A-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. In types I and 11 -FR Construction, only the three (3) largest successive floor areas shall be used. APPENDIX HI -B OF THE FIRE CODE IS HEREBY AMENDED BY AMENDING THE FOLLOWING SECTIONS TO READ AS FOLLOWS: Section 6. The Fire Chief may require closer spacing between hydrants because of grades, steep inclines or other geographic problems, and accessibility. 15.20.090. Modifications. The Fire Chief, or his designee, shall have power to modify any of the provisions of the Fire Code upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code, provided that the spirit of the code shall be observed, public safety secured, and substantial justice done. The particulars of such modification when granted or allowed, and the decision of the fire chief or his designee thereon, shall be entered upon the records of the department and a signed copy shall be furnished to the applicant. 15.20.100. Appeals. 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 -29- 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 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. 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. 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. Any person violating any of the provisions of this code shall be deemed guilty of a misdemeanor, punishable by a fine of not more than five hundred dollars ($500.00), or by imprisonment for a term not to exceed six (6) months in the city or county jail, or by both such fine and imprisonment. 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. -30- 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 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. 15.24.020. Purpose and Scope Section 102.2.1 of the 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 j Ordinance Number 94-1114 as though set forth in this section in full. 15.24.030. Section 202 amended --Abatement of dangerous buildings Section 202 of the 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. -3l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 15.24.030. Board of Appeals. Section 205 of the 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 Director of the Community Development Department 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 105 of the Building Code as amended by section 15.04.020 of this Code. The Director of the Community Development Department 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 governing body 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 Director of the Community Development Department. 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 Director of the Community Development Department, who shall make them freely accessible to the public. 205.2 Limitations of authority. The Board of Appeals shall have no authority relative to interpretation of the administrative provisions of this code nor shall the board be empowered to waive requirements of this code. 15.24.040. Dangerous Building. -32- • 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 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 Al -G the Building Official shall commence proceedings to cause repair, vacation or demolition of the building. CHAPTER 15.28 BUILDING CONSERVATION CODE 15.28.010. Adoption of Building Conservation Code. Except as hereinafter provided, Appendix Chapter 1 of the California Code for Building Conservation, 1998 Edition (Part 10 of Title 24 of the California Code of Regulations), which incorporates and amends Appendix Chapter 1 of the Uniform Code for Building Conservation, 1997 Edition, published by the International Conference of Building Officials, 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 Conservation Code of the City of Hermosa Beach. A copy of the Building Conservation 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, 1998 Edition (Part 3 of Title 24 of the California Code of Regulations), which incorporates and amends the National Electrical Code, 1996 Edition, including the Uniform Administrative Code Provisions published by the -33- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 National Fire Protection Association, 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. 15.32.020. Fees. Section 304 of said electrical code is hereby amended to replace the term "Table No. 3-A" with the term "the most recent resolution adopted by the City Council." For purposes of determining fees only, the following definitions shall apply; 304.1 New general use branch circuits. 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. 304.2 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. -34- 2 3 4 5 6 7 8 9 10 11 12 13 0 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 3. An outlet box for two (2) or more switches or receptacles shall be considered as one unit. 304.3 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 KV 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. -35- • 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 304.4 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. 304.5 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 -36- r� 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 0 28 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 (as determined for building permit fee purposes as provided by section 15.04.040 of this Code) of such repairs or remodeling in a five-year period does not exceed fifty percent (50%) of the existing valuation prior to construction. 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 -37- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 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 City Code of the City of Hermosa Beach shall not apply to utility lines which do not provide service in the area being developed. CHAPTER 15.40 NUMBERING BUILDINGS 15.40.010. Number to be displayed. Section 502 of the building code is hereby amended to read as follows: 502. The entrance to each and every building, or section or subdivision thereof, in the city used for residence or business purposes shall have a number displayed thereon as hereinafter provided and designated by the City Engineer of the City. 15.40.020. Location and Size of Numbers; Time Limitation for Placement. Section 502.1 of the building code is hereby amended to read as follows: 502.1. The number of each such entrance shall be placed upon, or immediately above, or adjacent to the door closing such entrance, and the figures of such numbers shall be at least two (2) inches in height and of corresponding width. Such numbers shall be placed thereon as aforesaid within fifteen (15) days after receipt by the owner, occupant, -38- • 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 lessee, tenant or subtenant of such building of a notice from the City Engineer of the numbers designated for such entrance, and all numbers other than the numbers provided for in this chapter for the respective entrances shall be removed from every such building by the owner, occupant, lessee, tenant or subtenant thereof within fifteen (15) days from the service of such notice designating the numbers to be placed thereon. 15.40.030. Street Numbering Map Adopted. Section 502.2 of the building code is hereby amended to read as follows: 502.2. The City Engineer shall furnish and designate such numbers in pursuance of the numbers shown, designated and provided for each lot in the city, on that certain map numbered 1001, new series, in the records of the City Engineer's office, such map having been heretofore approved and adopted by the City Council, and the same is hereby referred to and made a part of this chapter. CHAPTER 15.44 REPORT OF RESIDENTIAL BUILDING RECORDS 15.44.010. Intent. Pursuant to Article 6.5 (commencing with Section 38780), Chapter 10, Part 2, Division 3, Title 4, of the Government Code of the State of California, it is the intent of the city council to assure that the grantee of a residential building within the city is furnished a report of matters of city record pertaining to the authorized use, occupancy and zoning classification of real property prior to sale or exchange. It is the further intent to assist in the protection of the buyer of residential properties against undisclosed restrictions on the use of the property. 15.44.020. Definitions. For the purposes of this chapter, the following terms are defined as follows: (a) Owner means any person, copartnership, association, corporation or fiduciary having legal or equitable title or any interest in any real property. -39- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 (b) Residential building shall mean any improved real property designed, used or permitted to be used for dwelling purposes, situated in the City of Hermosa Beach, and shall include the building or structure located on said improved real property. (c) Agreement of sale means any agreement or written instrument which provides that any ownership or interest in title to any real property is to be transferred from one owner to another owner. 15.44.030. Report Required. At the time of entering into an agreement of sale or exchange of any residential building, the owner or his authorized representative shall obtain from the city a report of the residential building record showing the regularly authorized use, occupancy and zoning classification of such property. Said report shall be valid for a period not to exceed six (6) months from date of issue. 15.44.040. Application; Contents of Report; Review of Records. Upon application of the owner, or his authorized agent, and the payment to the city of a fee prescribed, plus the established fee for copies of the city code if requested by the applicant, the pertinent city records shall be reviewed, and an on-site inspection made of the property and the improvements thereon (including an interior inspection of the premises with the permission of the property owner) And a report of residential building records shall be delivered to the applicant which may contain the following information insofar as it is available: (a) The street address or other appropriate description of subject property; (b) The use permitted as indicated and established by permits of record; (c) A statement of the zoning classification applicable to the property in question; (d) A statement of the variances and use permits of record, if any, granted to that property, together with the conditions and restrictions of such permits; (e) A statement as to whether there exists or appears to exist any illegality or permitted nonconformity in the structures on the property or the uses made thereof, -40- • 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 (f) Should the present use of the property and the use authorized by Zoning Ordinances in effect at the time of inspection disclose an apparent violation of the Zoning Ordinance, and the use which constitutes the apparent violation was not constructed pursuant to a building permit as noted in the records of the Community Development Department, such finding shall be noted on the report of residential building records. Errors or omissions in said report shall not bind or stop the city from enforcing any and all building and zoning codes against the seller, buyer and any subsequent owner. Said report does not guarantee the structural stability of any existing building nor does it relieve the owner, his agent, architect or builder from designing and building a structurally stable building meeting the requirements of adopted building, plumbing and electrical codes. 15.44.050. Delivery of Report to Buyer or Transferee. The report of residential building record shall be delivered by the owner, or the authorized designated representative of the owner, to the buyer or transferee of the residential building prior to the consummation of the sale or exchange. The buyer or transferee shall execute a receipt therefor as furnished by the city, and said receipt shall be delivered to the Building Division, as evidence of compliance with the provisions of this chapter. 15.44.060. Physical Examination of Property. Upon the verified request of the seller, a physical examination of the subject property shall be made by the Building Division, and a report thereon delivered to said seller. The report of residential building records shall include the following language- "Unless otherwise indicated in this report the inspection of the premises has not included an inspection of the interior of the premises. The permission of the owner of the property is required for the city inspector to make an inspection of the interior premises. You have the right to require, as a condition of the purchase of the property, that the owner request an inspection by a city inspector of the interior of the premises. This report cannot offer maximum protection without an inspection of the interior of the premises. -41- w 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 For further information concerning the nature of this report you should read and review Chapter 15.44 of the City Code of the City of Hermosa Beach." 15.44.070. Exceptions. (a) The provisions of this chapter shall not apply to the first sale of a residential building located in a subdivision the final map for which has been approved and recorded in accordance with the Subdivision Map Act not more than two (2) years prior to the first sale. (b) Residential report of building records shall not be required when exchange of real property is between immediate members of a family. (c) Condominiums shall be required to have one residential report of building records per structure which is valid for one year. Interior inspections of condominiums may be requested and a prescribed fee will be charged for each unit inspected. (d) The provisions of this chapter shall not apply to the first sale of a residential property sold within ninety (90) days after final approval is given. 15.44.080. Form; Time Limit for Delivery of Report. (a) The Director of Community Development shall prepare standardized forms for the report of residential building records. Said report shall be delivered to the owner, or his authorized- agent, uthorizedagent, by registered mail, within forty (40) calendar days of receipt of the application and fees. (b) Should the City fail to deliver, or to attempt to deliver, said report within the aforementioned forty (40) days, the sale, if consummated, shall not be deemed in violation of this chapter. 15.44.090. Nonliability of City. The issuance of the residential building record report is hot a representation by the City of Hermosa Beach that the subject property or its present use is or is not in compliance with the law. Neither the enactment of this chapter nor the preparation of and delivery of any report required -42- • 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 hereunder shall impose a liability upon the City for any errors or omissions contained in said report, nor shall the city bear any liability not otherwise imposed by law. 15.44.100. Penalties. (a) Anyone in violation of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be punishable as provided by the provisions of section 1.04.010 through 1.12.010 of the Municipal Code of the City of Hermosa Beach. (b) No sale or exchange of residential property shall be invalidated solely because of the failure of any person to comply with any provisions of this chapter unless such failure is an act of omission which would be a valid ground for rescission of such sale or exchange in the absence of this chapter. " SECTION 2. All inconsistencies between the Building Code, Electrical Code, Mechanical Code, Plumbing Code, and Fire Code, as adopted by this Ordinance, and the 1995 edition of the California Building Code, Electrical Code, Mechanical Code, Plumbing Code, and Fire Code, as set forth in Parts 2, 3, 4, 5 and 9, respectively, of Title 24 of the California Code of Regulations, are changes, modifications, amendments, additions or deletions thereto authorized by California Health and Safety Sections 17958.5 and 17958.7 SECTION 3. 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 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. 43- • 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 SECTION 5. The City Council does hereby designate the City Attorney to prepare a summary of this ordinance to be published pursuant to Government Code Section 36933(c)(1) in lieu of the full text of said ordinance. That prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause the summary to be published in the Easy Reader, a weekly newspaper of general circulation, published and circulated in the City of Hermosa Beach. 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; 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 22nd day of June, 1999, by the following vote: AYES: Benz, Bowler, Reviczky, Mayor Oakes NOES: None ABSTAIN- Edgerton ABSENT- None SIDENT of the City Council and Mayor of the City of Hermosa Beach, California ATTEST - -44- APPROVED AS TO FORM: ATTO • 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. 99-1192 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 22nd day of June, 1999, and a summary of said ordinance was published in the Easy Reader newspaper on July 1, 1999. The vote was as follows: AYES: Benz, Bowler, Reviczky, Mayor Oakes NOES: None ABSENT- Edgerton ABSTAIN: None DATED: July 2, 1999 City Clerk PROOF OF PUBLICATION (2015.5C.C.R) 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 print- er of the BEACH PEOPLE'S EASY READER, a news- paper 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 small- er that nonpareil), has been published in each regu- lar and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: July 1 4) all in the year 1999. certify= )or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, 1st .-ruly this day of 1999. Signature EASY READER, INC. P. O. BOX 427 •. 832 HERMOSA AVENUE, HERMOSA BEACH, CA 90254 Telephone: (310) 372-4611 Proof of Publication of: CITY OF HERMOSA BEACH HBL-144 City of Hermosa Beach SUMMARY OF ORDINANCE NO. 99-1192 Prepared by City Attorney Michael Jenkins, June 22, 1999 Building Codes: Ordinance No. 99-1192 is an ordinance that serves to adopt the most recent versions of the State's building' regulations as required by State law. The ordi- nance adopts by reference the 1997 versions of the Uniform Building Code, Uniform Housing Code, Uniform Code for Building Conservation, Uniform Mechanical Code, Uniform Plumbing Code and the 1996 version of the National Electrical Code, as these codes are amended by the State of California and with such local amendments as are necessary by virtue of unique local climatic, geological and topographic con- ditions. The ordinance complete- ly replaces the city's building reg- ulation but retains in place in sub- stantially the same substance the city's local rules regarding admin- istrative matters, fees, roofing and automatic fire extinguishing systems. Ordinance No. 99-1192 also serves to adopt the most recent version of the Uniform Fire Code prepared by the western Fire Chiefs Association as required by State law. The ordinance adopts by reference the 1998 edition of the Uniform Fire Code as amend- ed by the State of California, and including such local amendments as are necessary by virtue of local climatic, geological and topographical conditions. Amendments to the uniform code pertain to licensing inspections, sprinklering requirements, alarm system requirements, open bum- ing, storage of flammable materi- als, fumigation permits, service station regulations and fire flow requirements. ER July 1, 1999/HBL-144 2 3 4 5 6 7 8 9 10 11 12 13 0 14 • 15 16 17 18 19 20 21 22 23 24 25 26 h4Fl 28 ORDINANCE NO. 99-1192 - U AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING BY REFERENCE PART 2 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 1998 CALIFORNIA BUILDING CODE; PART 3 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 1998 CALIFORNIA ELECTRICAL CODE; PART 4 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 1998 CALIFORNIA MECHANICAL CODE; PART 5 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 1998 CALIFORNIA PLUMBING CODE; PART 9 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 1998 CALIFORNIA FIRE CODE; PART 10 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 1998 CALIFORNIA CODE FOR BUILDING CONSERVATION; THE 1997 EDITION OF THE UNIFORM HOUSING CODE; AND THE 1997 EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS; AMENDING SAID CODES; AMENDING TITLE 15 OF THE HERMOSA BEACH MUNICIPAL CODE; AND DECLARING THE URGENCY THEREOF. WHEREAS, the 1997 editions of the Uniform Codes have been adopted by the State of California Building Standards Commission, with amendments, to represent the construction regulations for all structures within California; and, WHEREAS, local amendments may be made to those Codes to address local needs; and, WHEREAS, the justification for local amendments is set forth in Resolution No. 99-5999. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Title 15 of the Hermosa Beach Municipal Code is amended to read as follows: "Title 15 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, 1998 Edition (Part 2 of Title 24 of the California Code of Regulations), which incorporates • 2 3 4 5 6 7 8 9 10 11 12 13 0 14 r 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and amends the Uniform Building Code, 1997 Edition, published by the International Conference of Building Officials, including appendices, excepting Chapters 3, Division III and IV, 4 ,Division Il, 11, 13, 21, 23, and 31 of said 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 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. 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. 15.04.020. Board of Appeals. Section 105 of said building code is hereby amended to read as follows: SECTION 105. 105.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the Director of the Community Development Department relative to the application and interpretation of this code, 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 Director of the Community Development Department 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 governing body 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 Director of the Community Development Department. 105.2 Limitations of authority. The Board of Appeals shall have no authority relative to interpretation of the administrative provisions of this code nor shall the board be empowered to waive requirements of this code. -2- • 1 2 3 C] 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Pira 28 105.3 Quorum 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 Council may prescribe by resolution, to employ at the cost and expense of said 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. 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 1-7 Sections 1.04.010 through 1, 12.010 of the Hermosa Beach City Code. 15.04.040. Fees. Section 107 of said building code is hereby amended to read as follows: SECTION 107. 107.1 General. Fees shall be assessed in accordance with the provisions of this section. -3- r� 2 3 4 5 6 7 8 9 10 11 12 13 0 14 • 15 16 17 18 19 20 21 22 23 24 25 26 27 28 107.2 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 Director of the Community Development Department. 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. 107.3 Plan review fees. When a plan or other data are required to be submitted by subsection 107.2, 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 107.2 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. 107.4 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 Director of the Community Development Department. The Director of the Community Development Department may extend the time for action by the applicant for a period not exceeding one hundred 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. -4- 2 3 4 5 6 7 8 9 10 11 12 13 0 14 • 15 16 17 18 19 20 21 22 23 24 25 26 27 OT -A 107.6 Fee refunds. (1) The Director of the Community Development Department may authorize the refunding of any fee paid hereunder which was erroneously paid or collected. (2) The Director of the Community Development Department 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 Director of the Community Development Department 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 Director of the Community Development Department 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. Security. Said building code is hereby amended by adding thereto a new chapter, designated as "Appendix Chapter 10, Security," to read as follows: APPENDIX CHAPTER 10. SECURITY. Section 1001. Purpose. The purpose of this chapter is to set forth minimum standards of construction for resistance to unlawful entry. Section 1002. Scope. The provisions of this chapter shall apply to Group A, B, E, F, H; I, M, R, S and U Occupancies. Exception. The requirements shall not apply to Group U Occupancies having no openings to an attached building or which are completely detached. Section 1003. Limitations. No provisions of this chapter shall require or be construed to require locking devices on exit doors contrary to the requirements specified in Chapter 10. -5- • 2 3 4 5 6 7 8 9 10 11 12 13 0 14 .7 15 16 17 18 19 20 21 22 23 24 25 26 27 AM Section 1004. Alternate Security Provisions. The provisions of this chapter are not intended to prevent the use of any device or method of construction not specifically prescribed by this code when such alternate provides equivalent security based upon a recommendation of the Chief of Police. Section 1005. Definitions. For the purpose of this chapter, certain terms are defined as follows: Cylinder guard is a hardened ring surrounding the exposed portion of the lock cylinder or other device which is so fastened as to protect the cylinder from wrenching, prying, cutting or pulling by attack tools. Deadlocking latch is a latch in which the latch bolt is positively held in the projected position by a guard bolt, plunger or auxiliary mechanism. Deadbolt is a bolt which has no automatic spring action and which is operated by a key cylinder, thumb turn or lever, and is positively held fast when in the projected position. Latch is a device for automatically retaining the door in a closed position upon its closing. Section 1006. Tests -Sliding Glass Doors. Panels shall be closed and locked. Tests shall be performed in the following order - 1006.1 Test A. With the panels in the normal position, a concentrated load of three hundred (300) pounds shall be applied separately to each vertical pull stile incorporating a locking device at a point on the stile within six (6) inches of the locking device, in the direction parallel to the plane of glass that would tend to open the door. 1006.2 Test B: Repeat Test A while simultaneously adding a concentrated load of one hundred fifty (150) pounds to the same area of the same stile in a direction perpendicular to the plane of glass toward the interior side of the door. 1006.3 Test C: Repeat Test B with the 150 -pound force in the reversed direction towards the exterior side of the door, 1006.4 Tests D, E and F. Repeat Tests A, B and C with the movable panel lifted upwards to its full limit within the confines of the door frame. M • 2 3 4 5 6 7 8 9 10 11 12 13 0 14 • 15 16 17 18 19 20 21 22 23 24 25 26 FJFM 28 Section 1007 Tests -Sliding Glass Windows. Sash shall be closed and locked. Tests shall be performed in the following order: 1007.1 Test A. With the sliding sash in the normal position, a concentrated load of one hundred fifty (150) pounds shall be applied separately to each sash member incorporating a locking device at a point on the sash member within six (6) inches of the locking device, in the direction parallel to the plane, of glass that would tend to open the window, its full limit within the confines of the door frame. 1007.2 Test B: Repeat Test A while simultaneously adding a concentrated load of seventy -rive (75) pounds to the same area of the same sash member in the direction perpendicular to the plane of glass toward the interior side of the window. its full limit within the confines of the door frame. 1007.3 Test C: Repeat Test B with the 75 -pound force in the reversed direction towards the exterior side of the window. its full limit within the confines of the door frame. 1007.4 Tests D, E and F. Repeat Tests A, B and C with the movable sash lifted li upwards to its full limit within the confines of the window frame. Section 1008. Doors -Generally. A door forming a part of the enclosure of a dwelling unit or of an area occupied by one tenant of a building shall be constructed, installed and secured as set forth in sections 1009, 1010, 1011 and 1012, when such door is directly reachable or capable of being reached from a street, highway, yard, court, passageway, corridor, balcony, patio, breezeway, private garage, portion of the building which is available for use by the public or other tenants, or similar area. A door enclosing a private garage with an interior opening leading directly to a dwelling unit shall also comply with said sections 1009, 1010, 1011 and 1012. Section 1009. Doors -Swinging. 1009.1 Swinging wooden doors, openable from the inside without the use of a key, and which are either of hollow core construction or less than one and three-eighths (1- 3/8)inches in thickness, shall be covered on the inside face with 16 -gauge sheet metal attached with screws at least six-inch maximum centers around the perimeter or equivalent. Lights in doors shall be as set forth in sections 1014 and 1015. -7- • 2 3 4 5 6 7 8 9 10 11 12 13 0 14 C, 15 16 17 18 19 20 21 22 23 24 25 26 27 OTA 1009.2 A single swinging door, the active leaf of a pair of doors, and the bottom leaf of Dutch doors shall be equipped with a deadbolt and a deadlocking latch. The deadbolt and latch may be activated by one lock or by individual locks. Deadbolts shall contain hardened inserts, or equivalent, so as to repel cutting tool attack. The lock or locks shall be key -operated from the exterior side of the door and engaged or disengaged from the interior side of the door by a device not requiring a key or special knowledge or effort. Exceptions: (1) Locks may be key, or otherwise, operated from the inside when not prohibited by Chapter 10 or other laws and regulations. (2) A swinging door of width greater than five (5) feet may be secured as set forth in section 1011, A straight deadbolt shall have a minimum throw of one inch and the embedment shall be not less than five-eighths inch into the holding device receiving the projected bolt. A hook shape or expending lug deadbolt shall have a minimum throw of three-quarters inch. All deadbolts of locks which automatically activate two (2) or more deadbolts shall embed at least one-half inch, but need not exceed three-quarters inch, into the holding devices receiving the projected bolts. 1009.3 The inactive leaf of a pair of doors and the upper leaf of Dutch doors shall be equipped with a deadbolt or deadbolts as set forth in subsection 1009.2. Exceptions: (1) The bolt or bolts need not be key -operated, but shall not be otherwise activated, from the exterior side of the door. (2) The bolt or bolts may be engaged or disengaged automatically with the deadbolt or by another device on the active leaf or lower leaf. (3) Manually operated hardened bolts at the top and bottom of the leaf and which embed a minimum of one-half inch into the device receiving the projected bolt -may be used when not prohibited by Chapter 10 or other laws and regulations. 1009.4 Door stops on wooden jambs for in -swinging doors shall be of one piece construction with the jamb or joined by a rabbet. -8- L 2 3 4 5 6 7 8 9 10 11 12 13 . 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1009.5 Nonremovable pins shall be used in pin -type hinges which are accessible from the outside when the door is closed. 1009.6 Cylinder guards shall be installed on all mortise or rim -type cylinder locks installed in hollow metal doors whenever the cylinder projects beyond the face of the door or is otherwise accessible to gripping tools. Section 1010. Doors --Sliding Glass. Sliding glass doors shall be equipped with locking devices and shall be so installed that, when subjected to tests specified in section 1006, remain intact and engaged. Movable panels shall not be rendered easily openable or removable from the frame during or after the tests. Cylinder guards shall be installed on all mortise or rim -type cylinder locks installed in hollow metal doors whenever the cylinder projects beyond the face of the door or is otherwise accessible to gripping tools. Section 1011. Doors --Overhead and Sliding. Metal or wooden overhead and sliding doors shall be secured with a cylinder lock, padlock with a hardened steel shackle, metal slide bar, bolt or equivalent when not otherwise locked by electrical power operation. Section 1012. Doors --Metal Accordion Grate or Grille Type. Metal accordion grate or grille -type doors shall be equipped with metal guides at top and bottom, and a cylinder lock or padlock and hardened steel shackle shall be provided. Cylinder guards shall be installed on all mortise or rim -type cylinder locks installed in hollow metal doors whenever the cylinder projects beyond the face of the door or is otherwise accessible to gripping tools. Section 1013. Lights --In General. A window, skylight or other light forming a part of the enclosure of a dwelling unit or of an area occupied by one tenant of a building shall be constructed, installed and secured as set forth in sections 1014 and 1015, when the bottom of such window, skylight or light is not more than sixteen (16) feet above the grade of a street, highway, yard, court, passageway, corridor, balcony, patio, breezeway, private garage, portion of the building which is available for use by the public or other tenants, or similar area. A window enclosing a private garage with an interior opening leading directly to a dwelling unit shall also comply with said sections 1014 and 1015. -9- 2 3 4 5 6 7 8 9 10 11 12 13 0 14 • 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 1014. Lights --Material. Lights within forty (40) inches of a required locking device on a door when in the closed and locked position and openable from the inside without the use of a key, and lights with a least dimension greater than six (6) inches but less than forty-eight (48) inches in B or M Occupancies, shall be fully tempered glass, approved burglary -resistant material, or guarded by metal bars, screens or grilles in an approved manner. Section 1015. Lights -Locking Devices. 1015.1 Sliding glass windows shall be provided with locking devices that, when subjected to the tests specified in Section 1007, remain intact and engaged. Movable panels shall not be rendered easily openable or removable from the frame during or after the tests. 1015.2 Other openable windows shall be provided with substantial locking devices which render the building as secure as the devices required by this section. In Group B or M Occupancies, such devices shall be a glide bar, bolt, crossbar and/or padlock with hardened steel shackle. 1015.3 Special: Louvered windows, except those above the first story, in Group R Occupancies which cannot be reached without a ladder shall be of material or guarded as specified in Section 1014 and individual panes shall be securely fastened by mechanical fasteners requiring a tool for removal and not accessible from the outside when the window is in the closed position. Section 1016. Other Openings --in General. Openings, other than doors or lights, which form a part of the enclosure, or portion thereof, housing a single occupant and the bottom of which is not more than sixteen (16) feet above the grade of a street, highway, yard, court, passageway, corridor, balcony, patio, breezeway, or similar area, or from a private garage, or from a portion of the building which is occupied, used or available for use by the public or other tenants, or an opening enclosing a private garage attached to a dwelling unit, shall be constructed, installed and secured as set forth in Section 1017 Section 1017 Hatchways, Scuttles and Similar Openings. 10- L� 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 OCR 1017.1 Wooden hatchways less than one and three-quarters (1-3/4) of an inch thick solid wood shall be covered on the inside with 16 -gauge sheet metal attached with screws at six-inch maximum centers around perimeter. 1017.2 The hatchway shall be secured from the inside with a slide bar, slide bolts and/or padlock with a hardened steel shackle. 1017.3 Outside pin -type hinges shall be provided with nonremovable pins. 1017.4 Other openings exceeding ninety-six (96) square inches with a least dimension exceeding eight (8) inches shall be secured by metal bars, screens or grilles in an approved manner. Section 1018. Garages --Subterranean and Other Type Parking Garages. Subterranean or other types of parking garages serving apartments with a common entrance and/or exit shall provide for an automatic mechanical security system (gate or door) for each entrance and/or exit. Incorporated into such security system shall be a means to open the gates and/or doors from both the outside and inside as follows: 1018.1 From the outside, the gates and/or doors shall be operable by key, card key or electronic device approved by the Building Official. 1018.2 From the inside, the gates and/or doors shall be hand -operable by a conspicuously placed pull cord or other type obvious activator. The materials and method of construction of the gates and/or doors may be wood, metal or other material approved by the Building Official. All mechanical security systems shall be subject to the review and approval of the Fire Department prior to installation. 15.04.060 Minimum dwelling unit size. Section 310.7 1 of said building code is hereby amended to read as follows: SECTION 310.7.1. Section 310.7.1. Minimum Dwelling Unit Size. • 2 3 4 5 6 7 8 9 10 11 12 13 0 14 15 16 17 18 19 20 21 22 23 24 25 26 27 r 28 310.7.1.1 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. (5) More than four bedrooms: Eighteen hundred (1800) square feet. 310.7.1.2 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 (13 00) 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. 310.7.1.3 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. Section 110 of said building code is hereby amended to read as follows: SECTION 110. Section 110. Protection of Adjacent Property During Construction. 12- r� 2 3 4 5 6 7 8 9 10 11 12 13 0 14 • 15 16 17 18 19 20 21 22 23 24 25 26 27 28 110.1 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. 110.2 The Director of the Community Development Department 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 Director of the Community Development Department that said work can recommence. 110.3 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 Director of the Community Development Department reasonably anticipates as necessary to pay for the cost of repair or damage. 110.4 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. 110.5 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) -13- • 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. Section 1503 of said building code is hereby amended to read as follows: SECTION 1503. The roof covering on any structure regulated by this code shall be as specified in Table No. 15-A and as classified in Section 1504, except that the minimum roof -covering assembly shall be a class "B" roofing assembly. The roof -covering assembly includes the roofdeck, underlayment, interlayment, insulation and covering which is assigned a roof -covering classification. 15.04.090. Skylights. Section 2409.4 of said building code is hereby amended to read as follows: SECTION 2409.4 All skylight frames shall be constructed of noncombustible materials. Skylights, the glazing of which is set at an angle of less than forty-five (45) degrees from the horizontal, shall be mounted at least four (4) inches above the plane of the roof on a curb constructed as required for the type of construction. 15.04.100. Fire extinguishing systems. 14- 2 3 4 5 6 7 8 9 10 11 12 13 0 14 15 16 17 18 19 20 21 22 23 24 25 26 27 0 28 Section 904 of said building code is hereby amended by amending the following sections to read as follows: 904.2.3.1 Group A Occupancies. 1. Drinking establishments. An automatic sprinkler system shall be installed in rooms used by the occupants for the consumption of alcoholic beverages and unseparated accessory uses where the total area of such unseparated rooms and assembly uses exceeds three thousand five hundred (3,500) square feet. For uses to be considered as separated, the separation shall not be less than as required for a one-hour occupancy separation. The area of other uses shall be included unless separated by at least a one-hour separation. 904.2.3.3 Exhibition and display rooms. An automatic sprinkler system shall be installed in Group A Occupancies which have more than three thousand five hundred (3,500) square feet of floor area which can be used for exhibition or display purposes. 904.2.8 Group M Occupancies. An automatic sprinkler system shall be installed in retail sales rooms classed as Group M Occupancies where the floor area exceeds three thousand five hundred (3,500) square feet on any floor or five thousand (5,000) square feet on all floors or in Group M retail sales occupancies more than one story in height. The area of mezzanines shall be included in determining the areas where sprinklers are required. 904.2.9 Group R, Division 1 Occupancies. An automatic sprinkler system shall be installed throughout every apartment house three (3) or more stories in height or where the floor area exceeds five thousand (5,000) square feet; and every hotel three (3) or more stories in height or where the floor area exceeds five thousand (5,000) square feet. Residential or quick -response standard sprinkler heads shall be used in the dwelling unit and guest room portions of the building. Table No. 9-A, Standpipe requirements of said building code is hereby amended to substitute the term "three (3) stories" wherever the term "four (4) stories" appears in said table. 15.04.110. Fire alarm systems. 15- • 2 3 4 5 6 7 8 9 10 11 12 13 is 14 • 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The first paragraph of Section 310.10 shall be amended to read as follows: SECTION 310.10. 3 10. 10 A manual and automatic approved fire alarm system shall be installed in apartment houses that are three (3) or more stories in height or contain sixteen (16) or more dwelling units and in hotels three (3) or more stories in height or containing twenty (20) or more guest rooms, in accordance with the fire code. For the purposes of this section, lofts or mezzanines shall be considered as stories. 15.04.120. Excavation and fills. The second paragraph of Section 3301.1 shall be amended to read as follows: 3301.1 Slopes for permanent or temporary fills shall not be steeper than 1 unit vertical in 2 units horizontal (50% slope). Cut slopes for permanent or temporary excavations shall not be steeper than 1 unit vertical in 2 units horizontal (50% slope) unless substantiating data justifying steeper cut slopes are submitted. Deviation from the foregoing limitations for cut slopes shall be permitted only upon the presentation of a soil investigation report acceptable to the building official. 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, 16- rM 2 3 4 5 6 7 8 9 10 11 12 13 0 14 15 16 17 18 19 20 21 22 23 *b, 0 however, to the amendments, additions and deletions set forth in this chapter, and said code shall be known as the Housing 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. 15.08.020. Housing Advisory and Appeals Board. Section 203 of the housing code is hereby amended to read as follows: SECTION 203.1 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 105 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 Director of the Community Development Department. 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 L'+ VV..... 1JJ1V11 I.V ` "FF"' 111 "' ',"%,Y Vl —, .".l Vl .Vb... 11V11 Jll(Lll .."VY 11V 25 application within this city and a copy of the determination of said board, together with a report of 26 the local conditions upon which the determination is based, shall be filed with the State Department 27 of Housing and Community Development. 28 -17- 0 17_ • is r� 2 3 4 5 6 7 8 9 10 11 12 13 • 14 • 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 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. CHAPTER 15.12 MECHANICAL CODE 15.12.010. Adoption of Mechanical Code. Except as hereinafter provided, the California Mechanical Code, 1998 Edition (Part 4 of Title 24 of the California Code of Regulations), which incorporates and amends the Uniform Mechanical Code, 1997 Edition, published by the International Conference of Building Officials, including Appendices A, B and C, 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 18- 2 3 4 5 6 7 8 9 10 11 12 13 0 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 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. 15.12.020. Board of Appeals. Section 110 of said mechanical code is hereby amended to read as follows: SECTION 110. 110.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the Director of the Community Development Department 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 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 105 of the Building Code as amended by section 15.04.020 of this Code. The Director of the Community Development Department 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 governing body 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 Director of the Community Development Department. 110.2 Limitations of authority. The Board of Appeals shall have no authority relative to interpretation of the administrative provisions of this code nor shall the board be empowered to waive requirements of this code. 19- • 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 r 28 15.12.030. Mechanical Permit Fees. Sections 115.2 and 115.3 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 113.2, 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 fifty (50) per cent 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, 1998 Edition (Part 5 of Title 24 of the California Code of Regulations), which incorporates and amends the Uniform Plumbing Code, 1997 Edition, published by the International Association of Plumbing and Mechanical Officials, including appendices, and including the installation standards contained in Appendix 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 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. 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. -20- 2 3 4 5 6 7 8 9 10 11 12 13 0 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 15.16.020. Fees. The schedule of fees contained in table 1-1 of the Plumbing Code is hereby deleted and the schedule of fees adopted by latest resolution of the City Council hereby substituted therefor. 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 105 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 governing body 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 Board of Appeals shall have no authority relative to interpretation of the administrative provisions of this code nor shall the board be empowered to waive requirements of this code. 15.16.040. Nonmetallic Drainage Piping. Section 701 of the Plumbing Code is hereby amended by adding the following subsection: Section 701.1.2.1. Nonmetallic drainage piping shall not carry effluent from one tenancy through another tenancy or through a wall common with another tenancy. -21- r� 2 3 4 5 6 7 8 9 10 11 12 13 is 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 Exception: The nonmetallic drainage piping is isolated from the through -tenancy by laminated gypsum boards at least one and one-half (1 1/2) inches in total thickness, or by materials submitted to the administrative authority and approved by the same. 15.16.050 Installation of Garbage Grinders. Section 421 of said plumbing code is hereby amended to read as follows: Section 421 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. -22- r 2 3 4 5 6 7 8 9 10 11 12 13 0 14 • 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15.16.060. Abandoned Sewers and Sewage Disposal Facilities. Section 722.1 of said plumbing code is hereby amended to read as follows: Section 722.1 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. CHAPTER 15.20 FIRE PREVENTION CODE 15.20.010. Adoption of Fire Code. Except as hereinafter provided in this Chapter, the California Fire Code, 1998 Edition (Part 9 of Title 24 of the California Code of Regulations), which incorporates and amends the Uniform Fire Code and Uniform Fire Code Standards, 1997 Edition, prepared by the International Fire Code Institute, International Conference of Building Officials and the Western Fire Chiefs Association, 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. 15.20.020. Establishment and duties of Bureau of Fire Prevention. -23- • 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 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. As used in this chapter, the following words and terms shall have the meaning ascribed thereto: 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. 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. The limits referred to in Section 7701 7.2 of the Fire Code, in which storage of explosives and blasting agents is prohibited, are hereby established as follows: All property zoned for residential and commercial uses. 15.20.050. District limits where flammable liquids storage in outside aboveground tanks is restricted. The limits referred to in Section 7902.2.2.1-7904.2.5.4.2 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. -24- L 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 The limits referred to in Section 7904.4.1 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. The limits referred to in Section 8204.2 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. The Fire Code is hereby amended and changed in the following respects: ARTICLE 1 OF THE FIRE CODE IS HEREBY AMENDED BY AMENDING THE FOLLOWING SECTIONS TO READ AS FOLLOWS: Section 103.3.5.1 In order to safeguard life, limb, health, property and public welfare, every commercial and industrial building, structure or portion thereof shall conform to the requirements for the occupancy to be housed therein, or for the use to which the building, structure or portion thereof is to be put, as set forth in the building, plumbing, electrical, and fire prevention codes of the City for the proposed occupancy, that portion shall be made to conform. Section 103.3.5.2 Each change of occupancy or tenancy of any commercial or industrial building, structure or portion thereof shall require an inspection to be made by the Fire Department. If a portion of any building or structure does not conform to the requirements of the building, plumbing, electrical and fire prevention codes of the City for the proposed occupancy, that portion shall be made to conform. Section 103.3.5.3 Before any commercial or industrial building or structure may be occupied, there shall be approval from the Fire Department. Section 103.3.5.4 The Fire Department shall advise the owner or tenant of those alteration necessary to make the building comply, or, if none, approval shall be given. -25- • • 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 103.3.5.5 The Fire Chief may allow occupancy of the building or structure without requiring complete compliance with all the requirements of the codes of the City, provided that such occupancy does not result in increased hazard to life, limb, health, property or public welfare. Section 103.3.5.6 Before any inspections will be made by the Fire Department for such change of occupancy or tenancy, there shall be paid to the Finance Department a fee as indicated in the latest resolution adopted by the City Council to cover the cost of inspection of the building for which the change is desired. Such fee shall be in addition to the regular building permit fee required by the building code of the City. ARTICLE 10 OF THE FIRE CODE IS HEREBY AMENDED BY AMENDING THE FOLLOWING SECTIONS TO READ AS FOLLOWS: Section 1003.2.3.1 Group A Occupancies, Drinking Establishments. An automatic sprinkler system shall be installed in room used by the occupants for the consumption of alcoholic beverages and unseparated accessory uses where the total area of such rooms and assembly uses exceeds three thousand five hundred (3,500) square feet. For uses to be considered as separated, the separation shall be not less than as required for a one-hour occupancy separation. The area of other uses shall be included unless separated by at least a one-hour occupancy separation. Section 1003.2.3.3 Group A Occupancies, Exhibition and display rooms. An automatic sprinkler system shall be installed in Group A Occupancies which have more than three thousand five hundred (3,500) square feet of floor area which can be used for exhibition or display purposes. Section 1003.2.7 Group M Occupancies. An automatic sprinkler system shall be installed in retail sales room classed as Group M Occupancies where the floor area exceeds three thousand five hundred (3,500) square feet on any floor or five thousand (5,000) square feet on all floors or in Group M Retail Sales Occupancies more than one (1) story in height. The area of mezzanines shall be included in determining the area where sprinklers are required. Section 1003.2.8 Group R, Division 1 Occupancies. An automatic sprinkler system shall be installed throughout every apartment house three (3) or more stories in height or containing more than five thousand (5,000) feet on all floors, and every hotel three (3) or more stories in -26- L 2 3 4 5 6 7 8 9 10 11 12 13 0 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 height or containing more than five thousand (5,000) feet on all floors. Residential or quick - response standard sprinkler heads shall be used in the dwelling unit and guest room portions of the building. Section 1007.2.9.1.1, Group R, Division I Occupancies. Table No. 1004-A, Standpipe Required Systems, is hereby amended so that three (3) stories shall be substituted whenever the table refers to four (4) stories, ARTICLE 11 OF THE FIRE CODE IS HEREBY AMENDED BY AMENDING THE FOLLOWING SECTIONS TO READ AS FOLLOWS: Section 1102. Open burning and commercial barbecue -pits. It shall be unlawful for any person, firm or corporation to ignite, set fire to, or cause, or permit to be ignited or burned, any grass, weeds, trees, brush, paper, wood, boxes, trash, rubbish, or other combustible materials within the City. Section 1102.3.9. Outdoor fires such as pit barbecues or bonfires held in connection- with special activities, but not otherwise prohibited by City or County ordinances, may be permitted if in the opinion of the Fire Chief, such fires do not create a hazard to persons or property, by obtaining a permit from the Fire Department. Section 1103.2. Accumulation of rubbish and vegetation. Whenever it is necessary for a person to store or accumulate combustible or flammable rubbish or waste material within any building, structure, or enclosure, then such material shall be securely stored in metal or metal lined receptacles or bins equipped with tight -fitting covers or in rooms or vaults constructed of noncombustible materials, with an approved heat actuated self-closing fire door and the storage area shall be protected by an automatic sprinkler system on the basis of one (1) head per fifty (50) square feet or portion thereof. Section 1103.2.7. Inside tire storage. Tires stored inside of buildings shall not block doors, windows, or exitways. Piles and racks of tires which are placed directly against and parallel to walls shall not extend out from said walls more than five (5) feet. Piles or racks of tires placed in rows perpendicular to the walls shall not exceed the ten (10) feet in width or fifty (50) feet in -27- 2 3 4 5 6 7 8 9 10 11 12 13 is 14 • 15 16 17 18 19 20 21 22 23 24 25 26 27 OTA length. Every row of tires shall be accessible on at least two (2) sides by an aisleway at least three (3) feet in width. Tires which are stored in such pattern as to form dead-end aisleways against the walls of j buildings shall terminate at an aisleway at least six (6) feet wide at the inside end of such pile. Every rack or pile of tires shall be kept at least eighteen (18) inches below sprinkler heads in a sprinkled building. Piles of tires shall be maintained in such manner as to ensure stability and not become a hazard by falling during a fire or other emergency. Under no circumstances shall a pile or rack of tires exceed twelve (12) feet in height unless approved by the Fire Chief. Section 1103.3.6.1. All tire storage. It is the intent of this section that all tire storage, regardless of whether such storage is in connection with a tire rebuilding plant, shall be made to comply with sections 1103.3.6.2 and 1103.3.6.3. Section 1103.3.6.2. Outside tire storage. Piles of tires or carcasses shall not exceed two thousand (2,000) cubic feet in volume and shall be separated from every other pile by an aisleway at least ten (10) feet in width. Under no circumstances shall a pile of tires exceed twelve (12) feet in height unless approved by the Fire Chief. ARTICLE 47 OF THE FIRE CODE IS HEREBY AMENDED BY AMENDING THE FOLLOWING SECTIONS TO READ AS FOLLOWS: Section 4712. Pan locks. Whenever doors leading into the building or structure being fumigated cannot be bolted or secured from the inside, pan locks shall be provided to prohibit access into the building or structure to persons other than the fumigator. Section 4713. Chloropicrin. To discourage entrance into the building or structure being fumigated, unless a watchman would otherwise be required, Chloropicrin shall be added to the fumigant at the rate of one (1) ounce for each fifteen thousand (15,000) cubic feet of space being fumigated. Section 4714. Fumigation inspection. The Fire Department shall make a visual inspection of all buildings or other structures immediately prior to the release of the fumigant into the building or structure, to determine whether the safety precautions outlined in this section have been met. -28- 1 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 ARTICLE 52 OF THE FIRE CODE, IS HEREBY AMENDED BY AMENDING THE FOLLOWING SECTIONS TO READ AS FOLLOWS: Section 5201.12.1. Remote preset -type devices are to be in the "off' position while not in use so that the dispenser cannot be activated without the knowledge of the attendant. Section 5201.12.2. The dispensing device shall be in clear placed between the dispensing devices and the attendant view of the attendant at all times and no obstacle shall be. Section 5201.12.3. The attendant shall at all times be able to communicate with persons in the dispensing area. APPENDIX H -A OF THE FIRE CODE IS HEREBY AMENDED BY AMENDING THE FOLLOWING SECTIONS TO READ AS FOLLOWS: Section 5.1 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 No. A -III -A-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 No. A -111-A-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. In types I and 11 -FR Construction, only the three (3) largest successive floor areas shall be used. APPENDIX III -B OF THE FIRE CODE IS HEREBY AMENDED BY AMENDING THE FOLLOWING SECTIONS TO READ AS FOLLOWS: Section 6. The Fire Chief may require closer spacing between hydrants because of grades, steep inclines or other geographic problems, and accessibility. -29- r� L 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 15.20.090. Modifications. The Fire Chief, or his designee, shall have power to modify any of the provisions of the Fire Code upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code, provided that the spirit of the code shall be observed, public safety secured, and substantial justice done. The particulars of such modification when granted or allowed, and the decision of the fire chief or his designee thereon, shall be entered upon the records of the department and a signed copy shall be furnished to the applicant. 15.20.100. Appeals. 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. 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. -30- 2 3 4 5 6 7 8 9 10 11 12 13 0 14 L J 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. Any person violating any of the provisions of this code shall be deemed guilty of a misdemeanor, punishable by a fine of not more than five hundred dollars ($500.00), or by imprisonment for a term not to exceed six (6) months in the city or county jail, or by both such fine and imprisonment. 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. -31- 2 3 4 5 6 7 8 9 10 11 12 13 14 i 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 15.24.020. Purpose and Scope Section 102.2.1 of the 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. j 15.24.030. Section 202 amended --Abatement of dangerous buildings Section 202 of the 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. 15.24.030. Board of Appeals. Section 205 of the 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 Director of the Community Development Department 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 105 of the Building Code as amended by section 15.04.020 of this Code. The Director of the Community Development Department shall be an ex officio member and shall act as secretary to said board but shall have no vote upon any matter -32- 2 3 4 5 6 7 8 9 10 11 12 13 0 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 before the board. The board of appeals shall be appointed by the governing body 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 Director of the Community Development Department. 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 Director of the Community Development Department, who shall make them freely accessible to the public. 205.2 Limitations of authority. The Board of Appeals shall have no authority relative to interpretation of the administrative provisions of this code nor shall the board be empowered to waive requirements of this code. 15.24.040. Dangerous Building. 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 Al -G the Building Official shall commence proceedings to cause repair, vacation or demolition of the building. CHAPTER 15.28 BUILDING CONSERVATION CODE 15.28.010. Adoption of Building Conservation Code. Except as hereinafter provided, Appendix Chapter 1 of the California Code for Building Conservation, 1998 Edition (Part 10 of Title 24 of the California Code of Regulations), which -33- • 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 incorporates and amends Appendix Chapter 1 of the Uniform Code for Building Conservation, 1997 Edition, published by the International Conference of Building Officials, 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 Conservation Code of the City of Hermosa Beach. A copy of the Building Conservation 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, 1998 Edition (Part 3 of Title 24 of the California Code of Regulations), which incorporates and amends the National Electrical Code, 1996 Edition, including the Uniform Administrative Code Provisions published by the National Fire Protection Association, 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. 15.32.020. Fees. Section 304 of said electrical code is hereby amended to replace the term "Table No. 3-A" with the term "the most recent resolution adopted by the City Council." For purposes of determining fees only, the following definitions shall apply: 304.1 New general use branch circuits. -34- L� 2 3 4 5 6 7 8 9 10 11 12 13 0 14 • 15 16 17 18 19 20 21 22 23 24 25 26 Pirm 28 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. 304.2 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. 304.3 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. -35- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 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 KM 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. 304.4 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. 304.5 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. -36- �J 2 3 4 5 6 7 8 9 10 11 12 13 0 14 • 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 (as determined for building permit fee purposes as provided by section 15.04.040 of this Code) of such repairs or remodeling in a five-year period does not exceed fifty percent (50%) of the existing valuation prior to construction. 15.32.070. Responsibility for Compliance. -37- L 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 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. -38- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 is 28 Section 15.32.040 of this City Code of the City of Hermosa Beach shall not apply to utility lines which do not provide service in the area being developed. CHAPTER 15.40 NUMBERING BUILDINGS 15.40.010. Number to be displayed. Section 502 of the building code is hereby amended to read as follows: 502. The entrance to each and every building, or section or subdivision thereof, in the city used for residence or business purposes shall have a number displayed thereon as hereinafter provided and designated by the City Engineer of the City. 15.40.020. Location and Size of Numbers; Time Limitation for Placement. Section 502.1 of the building code is hereby amended to read as follows: 502.1. The number of each such entrance shall be placed upon, or immediately above, or adjacent to the door closing such entrance, and the figures of such numbers shall be at least two (2) inches in height and of corresponding width. Such numbers shall be placed thereon as aforesaid within fifteen (15) days after receipt by the owner, occupant, lessee, tenant or subtenant of such building of a notice from the City Engineer of the numbers designated for such entrance, and all numbers other than the numbers provided for in this chapter for the respective entrances shall be removed from every such building by the owner, occupant, lessee, tenant or subtenant thereof within fifteen (15) days from the service of such notice designating the numbers to be placed thereon. 15.40.030. Street Numbering Map Adopted. Section 502.2 of the building code is hereby amended to read as follows: 502.2. The City Engineer shall furnish and designate such numbers in pursuance of the numbers shown, designated and provided for each lot in the city, on that certain map -39- 2 3 4 5 6 7 8 9 10 11 12 13 is 14 15 16 17 18 19 20 21 22 23 24 25 26 27 is 28 numbered 1001, new series, in the records of the City Engineer's office, such map having been heretofore approved and adopted by the City Council, and the same is hereby referred to and made a part of this chapter, CHAPTER 15.44 REPORT OF RESIDENTIAL BUILDING RECORDS 15.44.010. Intent. Pursuant to Article 6.5 (commencing with Section 38780), Chapter 10, Part 2, Division 3, Title 4, of the Government Code of the State of California, it is the intent of the city council to assure that the grantee of a residential building within the city is furnished a report of matters of city record pertaining to the authorized use, occupancy and zoning classification of real property prior to sale or exchange. It is the further intent to assist in the protection of the buyer of residential properties against undisclosed restrictions on the use of the property. 15.44.020. Definitions. For the purposes of this chapter, the following terms are defined as follows: (a) Owner means any person, copartnership, association, corporation or fiduciary having legal or equitable title or any interest in any real property. (b) Residential buildin? shall mean any improved real property designed, used or permitted to be used for dwelling purposes, situated in the City of Hermosa Beach, and shall include the building or structure located on said improved real property. (c) Agreement of sale means any agreement or written instrument which provides that any ownership or interest in title to any real property is to be transferred from one owner to another owner. 15.44.030. Report Required. -40- 2 3 4 5 6 7 8 9 10 11 12 13 0 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 At the time of entering into an agreement of sale or exchange of any residential building, the owner or his authorized representative shall obtain from the city a report of the residential building record showing the regularly authorized use, occupancy and zoning classification of such property. Said report shall be valid for a period not to exceed six (6) months from date of issue. 15.44.040. Application; Contents of Report; Review of Records. Upon application of the owner, or his authorized agent, and the payment to the city of a fee prescribed, plus the established fee for copies of the city code if requested by the applicant, the pertinent city records shall be reviewed, and an on-site inspection made of the property and the improvements thereon (including an interior inspection of the premises with the permission of the property owner) And a report of residential building records shall be delivered to the applicant which may contain the following information insofar as it is available: (a) The street address or other appropriate description of subject property; (b) The use permitted as indicated and established by permits of record; (c) A statement of the zoning classification applicable to the property in question; (d) A statement of the variances and use permits of record, if any, granted to that property, together with the conditions and restrictions of such permits; (e) A statement as to whether there exists or appears to exist any illegality or permitted nonconformity in the structures on the property or the uses made thereof, (f) Should the present use of the property and the use authorized by Zoning Ordinances in effect at the time of inspection disclose an apparent violation of the Zoning Ordinance, and the use which constitutes the apparent violation was not constructed pursuant to a building permit as noted in the records of the Community Development Department, such finding shall be noted on the report of residential building records. Errors or omissions in said report shall not bind or stop the city from enforcing any and all building and zoning codes against the seller, buyer and any subsequent owner, Said report does not guarantee the structural stability of any existing building nor does it relieve I -41 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 the owner, his agent, architect or builder from designing and building a structurally stable building meeting the requirements of adopted building, plumbing and electrical codes. 15.44.050. Delivery of Report to Buyer or Transferee. The report of residential building record shall be delivered by the owner, or the authorized designated representative of the owner, to the buyer or transferee of the residential building prior to the consummation of the sale or exchange. The buyer or transferee shall execute a receipt therefor as furnished by the city, and said receipt shall be delivered to the Building Division, as evidence of compliance with the provisions of this chapter. 15.44.060. Physical Examination of Property. Upon the verified request of the seller, a physical examination of the subject property shall be made by the Building Division, and a report thereon delivered to said seller. The report of residential building records shall include the following language: "Unless otherwise indicated in this report the inspection of the premises has not included an inspection of the interior of the premises. The permission of the owner of the property is required for the city inspector to make an inspection of the interior premises. You have the right to require, as a condition of the purchase of the property, that the owner request an inspection by a city inspector of the interior of the premises. This report cannot offer maximum protection without an inspection of the interior of the premises. For further information concerning the nature of this report you should read and review Chapter 15.44 of the City Code of the City of Hermosa Beach." 15.44.070. Exceptions. (a) The provisions of this chapter shall not apply to the first sale of a residential building located in a subdivision the final map for which has been approved and recorded in accordance with the Subdivision Map Act not more than two (2) years prior to the first sale. (b) Residential report of building records shall not be required when exchange of real property is between immediate members of a family. O -42- 2 3 4 5 6 7 s 9 10 11 12 13 0 14 • 15 16 17 18 19 20 21 22 23 24 25 26 27 W -A (c) Condominiums shall be required to have one residential report of building records per structure which is valid for one year. Interior inspections of condominiums may be requested and a prescribed fee will be charged for each unit inspected. (d) The provisions of this chapter shall not apply to the first sale of a residential property sold within ninety (90) days after final approval is given. 15.44.080. Form; Time Limit for Delivery of Report. (a) The Director of Community Development shall prepare standardized forms for the report of residential building records. Said report shall be delivered to the owner, or his authorized agent, by registered mail, within forty (40) calendar days of receipt of the application and fees. (b) Should the City fail to deliver, or to attempt to deliver, said report within the aforementioned forty (40) days, the sale, if consummated, shall not be deemed in violation of this chapter. 15.44.090. Nonliability of City. The issuance of the residential building record report is hot a representation by the City of Hermosa Beach that the subject property or its present use is or is not in compliance with the law. Neither the enactment of this chapter nor the preparation of and delivery of any report required hereunder shall impose a liability upon the City for any errors or omissions contained in said report, nor shall the city bear any liability not otherwise imposed by law. 15.44.100. Penalties. (a) Anyone in violation of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be punishable as provided by the provisions of section 1.04.010 through 1 12.010 of the Municipal Code of the City of Hermosa Beach. (b) No sale or exchange of residential property shall be invalidated solely because of the failure of any person to comply with any provisions of this chapter unless such failure is an act of -43- 2 3 4 5 6 7 8 9 10 12 13 0 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 omission which would be a valid ground for rescission of such sale or exchange in the absence of this chapter, " SECTION 2. All inconsistencies between the Building Code, Electrical Code, Mechanical Code, Plumbing Code, and Fire Code, as adopted by this Ordinance, and the 1995 edition of the California Building Code, Electrical Code, Mechanical Code, Plumbing Code, and Fire Code, as set forth in Parts 2, 3, 4, 5 and 9, respectively, of Title 24 of the California Code of Regulations, are changes, modifications, amendments, additions or deletions thereto authorized by California Health and Safety Sections 17958.5 and 17958.7 SECTION 3. 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 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. State law requires that localities adopt the California Building Standards Code and modifications thereto, by July 1, 1999. It is essential that the City have in effect on that date codes that comport with state law and contain those modifications necessitated by the 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 -44- 2 3 4 5 6 7 8 9 10 U1p 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 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 within 30 days. SECTION 6. This ordinance shall be effective upon adoption and shall become operative on July 1, 1999. 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; shall make minutes of the message 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 day of June, 1999, by the following vote: AYES: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES: None ABSTAIN: None ABSENT- None PRESIDENT of the ATTEST - CITY CLERK of the City of Hermosa Beach, California APPROVED AS TO FORM: 45 - 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. 99-1192U 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 8th day of June, 1999. The vote was as follows: AYES: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES: None ABSENT- None ABSTAIN: None DATED: June 9, 1999 City Clerk r� L 2 3 4 5 III 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 ORDINANCE NO. 99-1193 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE, CHAPTER 17.28, WITH RESPECT TO USES PERMITTED AND CONDITIONALLY PERMITTED IN THE M-1 ZONE The City Council of the City of Hermosa Beach does hereby resolve and order as follows: SECTION 1. The Planning Commission held a duly noticed public hearing on February 17, 1998, to consider amendments to the Zoning Ordinance to consider modifications to the M-1 zone permitted use list, at which testimony and evidence, both written and oral, was presented to and considered by the Commission. SECTION 2. The City Council conducted a duly noticed public hearing on August 10, 1999 to consider the recommendation of the Planning Commission, at which testimony and evidence, both written and oral, was presented to and considered by the Council. SECTION 3. Based on the evidence considered at the public hearing, the City Council makes the following findings: 1. The list of M-1 permitted and conditionally permitted uses needs to be revised and updated to reflect current trends, simplified into descriptive and generic categories where possible, and made more flexible to encourage re -investment in the limited M-1 districts within the city; 2. The types and number of uses that are conditionally permitted through a Conditional Use Permit result in an unnecessary burden on some businesses which typically have little or no impact; which are compatible with surrounding manufacturing uses, and which are already subject to existing general laws in the City's Municipal Code and 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 pursuant to State Law which purpose is to protect the health, safety, and welfare of the public from the impact of such activity; SECTION 4. Based on the foregoing, the City Council hereby ordains that the Hermosa Beach Municipal Code, Title 17 -Zoning, Chapter 17.28, be amended as follows: 1, Amend Section 17.28.010 to read as follows: "17.28.010. Specific Purposes In addition to the general purposes listed in Chapter 17.02 the specific purposes of the Light Manufacturing zone is to: A. Provide appropriately located areas consistent with the General Plan for a range of light manufacturing and warehousing and distribution uses and certain appropriate service commercial uses. B. Strengthen the city's economic base and employment base, but also protect existing small businesses that serve and employ city residents. C. Create and maintain suitable environments for various types of manufacturing and compatible uses, and protect them from the adverse effects of inharmonious uses. D. Minimize the impact of development in the M-1 zone on adjacent residential districts. E. Ensure that the appearance and effects of manufacturing and commercial buildings in the M-1 zone are harmonious with the character of the area which they are located. F. Ensure the provision of adequate off-street parking and loading facilities." -2- • 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 2. Amend Section 17.28.020 to read as follows: "See. 17.28.020 Permitted Uses In the following matrix, the letter "P" designates use classifications permitted and the letter "U" designates use classifications permitted by approval of a Conditional Use Permit. Use classifications not listed are prohibited. Section numbers listed under "see section" reference additional regulations located elsewhere in the Zoning Ordinance or Municipal Code. -3- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 Coated, plated and engraved metal products Diecut paper, paperboard, cardboard Machinery Equipment and supplies Surfboards Manufacturing, fabrication, assembly, testing, repair, servicing and processing of the following products and materials Apparel AudioNisual products Awnings Bakery Products Communications Equipment Confectionery and related products Electronic components, computers, and accessories Electric lighting and wiring equipment Stone and cut stone products Furniture and fixtures Glass products Household tools and hardware Jewelry, silverware, and plated ware Luggage Motor vehicle parts and accessories Musical instruments and parts Office and household machines and appliances Office products Paperboard containers and boxes 4- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 3 Add Section 17.28.025 to read as follows: "Section 17.28.025. Similar Use Permitted When a use is not specifically listed in this Chapter, it shall be understood that the use may be permitted if it is determined by the Community Development Director that the use is similar to other uses listed. It is further recognized that every conceivable use cannot be identified in this Article, and anticipating that new uses will evolve over time, this Section establishes the Community Development Director with the authority to compare a proposed -5- L 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 use and measure it against those listed for determining similarity subject to confirmation by the City Council. In determining similarity the Director shall make all of the following findings: A. The proposed use shall meet the intent of, and be consistent with the goals, objectives and policies of the General Plan B. The proposed use shall meet the stated purpose and general intent of the zone in the which the use is proposed to be located; C. The proposed use shall not adversely impact the public health, safety and general welfare of the City's residents; and D. The proposed use shall share characteristics common with, and not be of greater intensity, density or general more environmental impact, than those uses listed in the zone in which it is to be located." E. The determination that the proposed used is similar must be confirmed by the City Council." 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 M 2 3 4 5 6 7 8 9 10 11 12 i3 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 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 September, 1999, by the following vote AYES: Bowler, Edgerton, Mayor Oakes NOES: None ABSTAIN: Benz, Reviczky ABSENT- None ATTEST - City Clerk City Council and MAYOR of the City of Hermosa Beach, California -7- PROVED AS City Attorney 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. 99-1193 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 day of September, 1999, and said ordinance was published in the Easy Reader newspaper on September 23, 1999. The vote was as follows: AYES: Bowler, Edgerton, Mayor Oakes NOES: None AB SENT - None ABSTAIN: Benz, Reviczky DATED: September 28, 1999 City Clerk • • • F. Ensure the -provision of;adequate off-street park- ing and loading facilities CITY OF HERMOSA BEACH ,~ PUBLIC-NOTICE-4� 2�Amend-Section 17.28020 toread as follows: ORDINANCE NO. 99-1193 -- AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE, CHAPTER 17.28, WITH RESPECT TO USES PERMITTED AND CONDITIONALLY PERMITTED IN THE M-1 ZONE The City Council of the City of Hermosa Beach does hereby,resolve and order as follows: Section 1. The Planning Commission held a duly noticed public hearing on February 17, 1998, to consider amendments to the Zoning Ordinance to consider modifications to the M-1 zone permitted use list, at which testimony and evidence, both writ- ten and oral, was presented to and considered by the Commission. Section 2. The City Council conducted a duly noticed public hearing on August 10, 1999 to con- sider the recommendation of the Planning Commission, at which testimony and evidence, both written and oral, was presented to and considered by the Council. Section 3. Based on the evidence considered at the public hearing, the City Council makes the fol- lowing findings: 1. The list of M-1 permitted and conditionally per- mitted uses needs to be revised and updated to reflect current trends, simplified into descriptive and generic categories where possible, and made more flexible to encourage re -investment in the limited M- 1 districts within the city; 2. The types and number of uses that are condi- tionally permitted through a Conditional Use Permit result in an unnecessary burden on some business- es which typically have little or no impact; which are compatible with surrounding manufacturing uses, and which are already subject to existing general laws in the City's Municipal Code and pursuant to State Law which purpose is to protect the health, safety, and welfare of the public from the impact of such activity; Sectio_ n 4. Based on the foregoing, the City Council hereby ordains that the Hermosa Beach Municipal Code, Title 17-Zo6ing, Chapter 17.28, be amended as follows: 1. Amens; Se6tion 17.28.010 to read as follows "17.28.010. Specific Purposes In addition to the general purposes. listed in Chapter 17.02 the specific purposes of the Light Manufacturing zone is to: A: -Provide appropriately located areas consis- tent with the General Plan for a range of light manufacturing and.warehousing and distribu- fion uses and certain appropriate _service com- mercial uses. B. Strengthen the city's economic base and employment base, but also protect existing small businesses that serve and employ city residents. C. Create and maintain suitable environments for various types of manufacturing and compat- ible uses, and protect them from the adverse effects of inharmonious uses. D. Minimize the impact of development in the M`:1 zone on adjacent residential districts. E. Ensure that the appearance and effects of manufacturing and commercial buildings in the M-1- zone are harmonious with the character of the area which they are located. "Seca 17.28.020 Permitted Uses In the following matrix, the letter "P" designates use classifications permitted and the letter "U" desig- nates use classifications permitted by approval of a Conditional Use Permit. Use classifications not list- ed are prohibited. Section numbers listed under "see section" reference additional regulations locat- ed elsewhere in the Zoning Ordinance or Municipal Code. M-1 ZONE, LAND USE REGULATIONS P = Permitted U = C.U.P. Required (See Chapter 17.40) Administrative offices accessory to a primary permitted use (listed below), not exceeding twenty-five percent of the gross floor area Artist studio Audio/Visual recording studio Motor Vehicle and equipment service: • General repair, service, installation of parts and accessories • Body repair and painting Manufacturing, fabrication, assembly, testing, repair, servicing and processing of the following products and materials: Coated, plated and engraved metal products Diecut paper, paperboard, cardboard Machinery Equipment and supplies Surfboards Manufacturing, fabrication, assembly, testing, repair, servicing and processing of the following products and materials Apparel Audio/Visual products Awnings Bakery Products Communications Equipment Confectionery and related products Electronic components, computers, and accessories Electric lighting and wiring equipment Stone and cut stone products Furniture and fixtures Glass products Household tools and hardware Jewelry, silverware, and plated ware Luggage Motor vehicle parts and accessories Musical instruments and parts Office and household machines and appliances Office products Paperboard containers and boxes Pharmaceutical Products Photographic and optical goods, watches and clocks Hardware, plumbing, heating equipment and supplies Pottery and related products Professional, scientific and controlling instruments Toys, amusements, sporting and athletic goods (excluding surfboards) Wooden containers Wholesale distribution of the products and materials listed above, and including the following: Packaged groceries and related products Chapter 17.40 Chapter 17.40 Chapter 17.40 3. Add Section 17.28.025 to read as follows: "Section 17.28.025. Similar Use Permitted When a use is not specifically listed in this Chapter, it shall be understood that the use may be permitted if it is determined by the Community Development Director that the use is similar to other uses listed. It is further recognized that every conceivable use cannot be identified in this Article, and anticipating that new uses will evolve over time, this Section establishes the Community Development Director with the authority to o'moare a- or000sed. use... and agarnst those listed for determining�similar� svbiect to,con irmation by,'the City}Coun iP Y In determining,'.gimilarity the Director shall make -all of'the following findings: A. The proposed use shall meet -the intent of, and be consistent with the goals, objectives and policies of the General Plan B. The proposed use shall meet the stated purpose and general intent of the zone in the which the use is proposed to be locat- ed; C. The proposed use shall not adversely I impact the public health, safety and gener al welfare of the City's residents; and D. The propoied use shall share characteris- tics common with, and not be of greater intensity, density or general more environ mental impact, than those uses listed in the zone in which it is to be located." E. The determination that the proposed used is similar must be confirmed by the City, Council." 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 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. L" PASSED, APPROVED and ADOPTED:-fhis 14th of September, 1999, by the following vote: AYES: Bowler, Edgerton, Mayor NOES: None ABSTAIN: Benz, Reviczky ABSENT: None Julie Oakes PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO.FORM: Elaine Doerflin_ o Michael Jenkins City Clerk City Attorney ER September 23, 1 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 ORDINANCE NO. 99-1194 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 10.32.250 OF THE MUNICIPAL CODE TO REMOVE THE HOURS OF ENFORCEMENT FOR GREEN CURB MARKINGS THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 10.32.250 is amended to read as follows: Section 10.32.250 Green Curb Markings. Green Curb marking shall mean no standing or parking for a period of time longer than fifteen (15) minutes at any time or as posted on authorized signs. 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 the City, and shall make minutes of the proceedings of the City Council at which the same is passed and adopted. L 2 3 4 5 6 7 8 9 10 11 12 13 • 14 I 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 PASSED, APPROVED and ADOPTED this 12th day of October, 1999 by the following vote: AYES: Benz, Bowler, Edgerton, Reviczky NOES: None ABSTAIN: Mayor Oakes ABSENT- None of the City Council and Mayor of the City of Hermosa Beach, California ATTEST- V!rj I - ,/ -t -2- APPROVED AS TO CITY ATTORNEY RM: CJ STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF HERMOSA BEACH I, Naoma Valdes, Deputy City Clerk of the City of Hermosa Beach, California, do hereby certify that the foregoing Ordinance No. 99-1194 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 day of October, 1999, and was published in the Easy Reader newspaper on October 21, 1999. • The vote was as follows: AYES: Bowler, Benz, Edgerton, Reviczky NOES: None ABSENT- None ABSTAIN: Mayor Oakes DATED: October 21, 1999 Deputy City Clerk 0 PROOF OF PUBLICATION Proof of Publication of: (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 tite BEACH PEOPLE'S EASY READER, a newspaper of general circulation, printed and published WEEKLY in the City of HEWOSA 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: October 21sT, 1999 • all in the year 1999 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, This 21sT day of October, 1999 Signature EASY READER, INC. P.O. BOX 427 832 HERMOSA AVENUE HERMOSA BEACH, CA 90254 Telephone: (310) 372-4611 • CITY OF HERMOSA BEACH HBT.-15 7 CITY OF HERMOSA BEACH ORDINANCE NO. 99-1194 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 10.32.250 OF THE MUNICIPAL CODE TO REMOVE THE HOURS OF ENFORCEMENT FOR GREEN CURB MARKINGS THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 10.32.250 is amended to read as follows: Section 10.32.250 Green Curb Markinos. Green Curb marking shall mean no standing or parking for a period of time longer than fif- teen (15) minutes at any time or as posted on authorized signs. 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- ration of fifteen (1S) 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, shalt enter the same in the book of original ordinances of the City, and shall make minutes of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 12th day of October. 1999 by the following vote: AYES°' Benz. Bowler. Edgerton. Reviczky NOES: None ABSENT.None ABSTAIN: Mayor Oakes Julie Cake PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: Elaine Doedlinc City Clerk APPROVED AS TO FORM: Michael Jenkin City Attorney ER October 21. 1999/HBL-156 rM L 2 3 4 5 6 !i 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 ORDINANCE NO. 99-1195 U AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING ORDINANCE NO. 94-1117, WHICH GRANTED A NONEXCLUSIVE FRANCHISE FOR THE OPERATION OF A CABLE TELEVISION SYSTEM WITHIN THE CITY, AND DECLARING THE URGENCY THEREOF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES ORDAIN AS FOLLOWS: SECTION 1. circumstances: This ordinance is adopted in consideration of the following facts and A. Ordinance No. 94-1117, as adopted by the City Council of the City of Hermosa Beach on September 27, 1994, authorized a cable television franchise renewal between the City and ML Media Partners, L.P That franchise authorizes the construction, operation, and maintenance of a cable television system within the City. B. On July 25, 1995, the City Council of the City of Hermosa Beach adopted Resolution No. 95-5761, which authorized and approved the assignment and transfer of the cable television franchise by ML Media Partners, L.P to Century Valley Cable Corp., a wholly-owned subsidiary of Century Communications Corp., a New Jersey corporation. C. On May 25, 1999, the City Council of the City of Hermosa Beach adopted Resolution No. 99-5992, which authorized and approved the assignment and transfer of the cable television franchise by Century Valley Cable Corp. to Century -TCI California, L.P., a Delaware limited partnership. That transaction has not been consummated as of September 28, 1999. D. On April 21, 1999, the City received from Century Communications Corp., as the proposed transferor, and from Adelphia Communications Corporation, as the n • 2 3 4 5 6 7 8 9 10 11 12 13 14 i 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 proposed transferee, an application for a transfer of control of the cable television franchise that may become effective either before or after the assignment and transfer of the franchise to Century -TCI California, L.P., which transaction is referenced above in paragraph C. E. The City and Century Valley Cable Corp. have negotiated certain amendments to the cable television franchise agreement for the purpose of clarifying and modifying certain rights and obligations of the parties relating to the operation and maintenance of the cable television system within the City, as previously authorized by Ordinance No. 94-1117 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES ORDAIN AS FOLLOWS: SECTION 1. Paragraph (b) of Section 3 of Ordinance No. 94-1117 is amended as follows: /// A. By redesignating paragraph (b), entitled "Construction Time Schedule," as paragraph (b)(1). B. By adding a new subsection (2) to paragraph (b) to read as follows: "(2) Following the GRANTEE'S completion of the Phase II rebuild/upgrade, GRANTEE must perform a comprehensive technical audit of that Phase II work to ensure that all applicable technical standards have been met and that the work complies with all applicable federal requirements and City codes and regulations. GRANTEE must provide to the City a written report that documents the results of this audit no later than six months following the transfer of control of the franchise from GRANTEE'S parent company to Adelphia Communications Corporation." -2- • 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 SECTION 2. Section 3 of Ordinance No. 94-1117 is amended by adding a new paragraph (h) to read as follows: "(h) During the course of the Phase II rebuild/upgrade, GRANTEE will commence an audit of all subscriber service drops within the City, and this audit will be completed no later than 180 days after the transfer of control of the franchise from GRANTEE'S parent company to Adelphia Communications Corporation, subject to the granting of access by owners of private property. If such access is denied or delayed, GRANTEE will continue to seek owner consent to access beyond the 180 -day period and until all subscriber service drops have been inspected. GRANTEE's audit and inspection obligations will include the following: (1) The inspection of 100% of all aerial and underground physical plant and 100% of all subscriber service drops. (2) All active subscriber service drops will be certified by GRANTEE to be code compliant, and inactive subscriber service drops will be removed if necessary. (3) All safety code defects and deficiencies in the physical plant and in the subscriber service drops that are disclosed in the inspection will be corrected by the GRANTEE. (4) GRANTEE will submit to the City monthly progress reports that will identify the results of the physical plant inspections and the corrective actions taken. These monthly reports will specify the addresses of the subscriber service drops and physical plant that have been inspected and the nature of the corrective actions that have been taken. (5) Upon completion, GRANTEE will participate with the City in an evaluation of the GRANTEE's audit and inspection activities in order -3- • 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 to confirm that all necessary remedial actions have been taken by the GRANTEE." SECTION 3. Paragraph 0) of Section 4 of Ordinance No. 94-1117 is amended by adding at the end thereof the following language: "In addition to the free basic cable service that is referenced above in this paragraph 0), GRANTEE will provide, at such time as that service is offered on a commercial basis to residential subscribers to the cable television system, and upon the City's request, the installation of cable modems that provide Internet access service. These cable modems and their installation will be without cost to the City and without offset to the franchise fees paid to the City under the franchise, and will be limited to an aggregate of 20 cable modems and related installation services at City -owned or other public buildings within the franchise service area. The City is authorized to select from programs that are offered to consumers and to institutions the type of service to be provided by these 20 cable modems. If the City requests more than one cable modem installation at any one location, or if the City requests additional installations beyond the 20 allocated by GRANTEE, then City will reimburse GRANTEE for the costs of labor and materials associated with (i) the wiring installation of the multiple modem -site configuration, and (ii) additional cable modems that are requested by the City. Notwithstanding the references above to an aggregate of 20 cable modems, if either the City of Redondo Beach or the City of Manhattan Beach is provided by GRANTEE, or by any authorized transferee, or affiliate or parent company of GRANTEE, with a number of free cable modems in excess of 20, then City will also be entitled to receive that number of cable modems without charge and subject to the provisions of this paragraph -4- 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 SECTION 4. Attached to this ordinance in the form presented to the City Council is the "Franchisee's Acceptance" of this ordinance amending Ordinance No. 94-1117, which document will be signed by an authorized representative of Century Valley Cable Corp. within 30 days after the effective date of this ordinance. SECTION 5. The City Council finds and determines that Century Communications Corp., the ultimate parent company of the City's franchised cable operator, Century Valley Cable Corp. ("Century"), has filed with the City a request to authorize a transfer of control of the cable television franchise to Adelphia Communications Corporation. In the course of the City's review of the documentation accompanying Century's request for consent to this transfer, Century agreed to negotiate with the City certain amendments to the cable television franchise agreement for the purpose of clarifying and modifying certain rights and obligations of the parties. These provisions are set forth in this ordinance, which amends Ordinance No. 94-1117 previously adopted by the City Council on September 27, 1994. It is necessary, desirable, and in the best interests of the residents of the City that the obligations of Century, as set forth in this ordinance, be fixed and in place prior to the City Council's consent to the requested transfer of control of the franchise. The immediate effectiveness of this ordinance will eliminate potential delays in completing and auditing the upgrade of the cable television system, eliminate confusion and uncertainty on the part of subscribers who desire to receive enhanced cable programming services and new cable -related services, facilitate administrative oversight by City staff, and enable the new cable operator, or the new owner of the cable operator, or both, to proceed expeditiously with the completion of upgrade and the installation of new facilities that will, among other things, transmit emergency alert signals in the event of a disaster or public emergency. For the reasons set forth above, this ordinance is an urgency ordinance that is necessary for the immediate preservation of the public peace, health, and safety within the meaning -5- 7 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 of Section 36937(b) of the Government code. Therefore, this ordinance will take effect immediately upon its adoption. SECTION 6. The City Clerk is directed to certify to the passage and adoption of this ordinance and to cause it to be published or posted as required by law. PASSED, APPROVED and ADOPTED this 12th day of October, 1999, by the following vote: AYES: Benz, Edgerton, Reviczky, Mayor Oakes NOES: None ABSTAIN: Bowler AB SENT - None of the City Council and Mayor of the City of Hermosa Beach, California ATTEST - CITY CLERK no APPROVED AS TO FORM: CITY ATTORNEY STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF HERMOSA BEACH I, Naoma Valdes, Deputy City Clerk of the City of Hermosa Beach, California, do hereby certify that the foregoing Ordinance No. 99-1195-U 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 12th day of October, The vote was as follows: AYES: Benz, Edgerton, Reviczky, Mayor Oakes NOES: None AB SENT - None ABSTAIN: Bowler DATED: October 19, 1999 0 7 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 ORDINANCE NO. 99-1195 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING ORDINANCE NO. 94-1117, WHICH GRANTED A NONEXCLUSIVE FRANCHISE FOR THE OPERATION OF A CABLE TELEVISION SYSTEM WITHIN THE CITY THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES ORDAIN AS FOLLOWS: SECTION 1. This ordinance is adopted in consideration of the following facts and circumstances: A. Ordinance No. 94-1117, as adopted by the City Council of the City of Hermosa Beach on September 27, 1994, authorized a cable television franchise renewal between the City and ML Media Partners, L.P That franchise authorizes the construction, operation, and maintenance of a cable television system within the City. B. On July 25, 1995, the City Council of the City of Hermosa Beach adopted Resolution No. 95-5761, which authorized and approved the assignment and transfer of the cable television franchise by ML Media Partners, L.P to Century Valley Cable Corp., a wholly-owned subsidiary of Century Communications Corp., a New Jersey corporation. C. On May 25, 1999, the City Council of the City of Hermosa Beach adopted Resolution No. 99-5992, which authorized and approved the assignment and transfer of the cable television franchise by Century Valley Cable Corp. to Century -TCI California, L.P., a Delaware limited partnership. That transaction has not been consummated as of September 28, 1999. D. On April 21, 1999, the City received from Century Communications Corp., as the proposed transferor, and from Adelphia Communications Corporation, as the H r--I LJ 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 proposed transferee, an application for a transfer of control of the cable television franchise that may become effective either before or after the assignment and transfer of the franchise to Century -TCI California, L.P., which transaction is referenced above in paragraph C. E. The City and Century Valley Cable Corp. have negotiated certain amendments to the cable television franchise agreement for the purpose of clarifying and modifying certain rights and obligations of the parties relating to the operation and maintenance of the cable television system within the City, as previously authorized by Ordinance No. 94-1117 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES ORDAIN AS FOLLOWS: SECTION 1. Paragraph (b) of Section 3 of Ordinance No. 94-1117 is amended as follows.. /// A. By redesignating paragraph (b), entitled "Construction Time Schedule," as paragraph (b)(1). B. By adding a new subsection (2) to paragraph (b) to read as follows: "(2) Following the GRANTEE'S completion of the Phase II rebuild/upgrade, GRANTEE must perform a comprehensive technical audit of that Phase II work to ensure that all applicable technical standards have been met and that the work complies with all applicable federal requirements and City codes and regulations. GRANTEE must provide to the City a written report that documents the results of this audit no later than six months following the transfer of control of the franchise from GRANTEE'S parent company to Adelphia Communications Corporation." -2- �M 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 SECTION 2. Section 3 of Ordinance No. 94-1117 is amended by adding a new paragraph (h) to read as follows: "(h) During the course of the Phase II rebuild/upgrade, GRANTEE will commence an audit of all subscriber service drops within the City, and this audit will be completed no later than 180 days after the transfer of control of the franchise from GRANTEE'S parent company to Adelphia Communications Corporation, subject to the granting of access by owners of private property. If such access is denied or delayed, GRANTEE will continue to seek owner consent to access beyond the 180 -day period and until all subscriber service drops have been inspected. GRANTEE's audit and inspection obligations will include the following: (1) The inspection of 100% of all aerial and underground physical plant and 100% of all subscriber service drops. (2) All active subscriber service drops will be certified by GRANTEE to be code compliant, and inactive subscriber service drops will be removed if necessary. (3) All safety code defects and deficiencies in the physical plant and in the subscriber service drops that are disclosed in the inspection will be corrected by the GRANTEE. (4) GRANTEE will submit to the City monthly progress reports that will identify the results of the physical plant inspections and the corrective actions taken. These monthly reports will specify the addresses of the subscriber service drops and physical plant that have been inspected and the nature of the corrective actions that have been taken. (5) Upon completion, GRANTEE will participate with the City in an evaluation of the GRANTEE's audit and inspection activities in order to confirm that all necessary remedial actions have been taken by the GRANTEE." -3- L� 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 SECTION 3. Paragraph 0) of Section 4 of Ordinance No. 94-1117 is amended by adding at the end thereof the following language: "In addition to the free basic cable service that is referenced above in this paragraph 0), GRANTEE will provide, at such time as that service is offered on a commercial basis to residential subscribers to the cable television system, and upon the City's request, the installation of cable modems that provide Internet access service. These cable modems and their installation will be without cost to the City and without offset to the franchise fees paid to the City under the franchise, and will be limited to an aggregate of 20 cable modems and related installation services at City -owned or other public buildings within the franchise service area. The City is authorized to select from programs that are offered to consumers and to institutions the type of service to be provided by these 20 cable modems. If the City requests more than one cable modem installation at any one location, or if the City requests additional installations beyond the 20 allocated by GRANTEE, then City will reimburse GRANTEE for the costs of labor and materials associated with (i) the wiring installation of the multiple modem -site configuration, and (ii) additional cable modems that are requested by the City. Notwithstanding the references above to an aggregate of 20 cable modems, if either the City of Redondo Beach or the City of Manhattan Beach is provided by GRANTEE, or by any authorized transferee, or affiliate or parent company of GRANTEE, with a number of free cable modems in excess of 20, then City will also be entitled to receive that number of cable modems without charge and subject to the provisions of this paragraph SECTION 4. Attached to this ordinance in the form presented to the City Council is the "Franchisee's Acceptance" of this ordinance amending Ordinance No. 94-1117, which document -4- • • CJ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 will be signed by an authorized representative of Century Valley Cable Corp. within 30 days after the effective date of this ordinance. SECTION 5. The City Clerk is directed to certify to the passage and adoption of this ordinance and to cause it to be published or posted as required by law. PASSED, APPROVED and ADOPTED this 9th day of November, 1999, by the following vote: AYES: Benz, Bowler, Edgerton, Reviczky, Mayor Oakes NOES: None ABSTAIN: None ABSENT- None U IDENT of the City Council and Mayor of the City of Hermosa Beach, California ATTEST - CITY CLERK -5- PROVED AS TO FORM. 4 , CITY ATTORNEY 'k. • STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF HERMOSA BEACH I, Naoma Valdes, Deputy City Clerk of the City of Hermosa Beach, California, do hereby certify that the foregoing Ordinance No. 99-1195 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 day of November, 1999, and was published in the Easy Reader newspaper on November 18, 1999. The vote was as follows.- AYES: ollows:AYES: Benz, Bowler, Edgerton, Reviczky, Mayor Oakes NOES: None AB SENT - None ABSTAIN: None DATED: November 23, 1999 Deputy City Clerk 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: November 18`x, 1999 all in the year 1999 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, This 18th day of November. 1999 Signaiure EASY READER, INC. P.O. BOX 427 832 HERMOSA AVENUE HERMOSA BEACH, CA 90254 Telephone: (310) 372-4611 Proof of Publication of: CITY OF HERMOSA BEACH BBL -159 CITY CLERK CM OF HERMOSA REACI I CITY OF HERMOSA BEACH ORDINANCE NO. 99-1195 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING ORDINANCE NO. 94-1117, WHICH GRANTED A NONEXCLUSIVE FRANCHISE FOR THE OPERATION OF A CABLE TELEVISION SYSTEM WITHIN THE CITY THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES ORDAIN -AS FOLLOWS: SE=CTION 1. This ordinance is adopted in consideration of the following facts and circum- stances: A. Ordinance No. 94.1117, as adopted by the City Council of the City of Hermosa Beach on September 27, 1994, authorized a cable television franchise renewal between the City and ML Media Partners, L.P. That fran- chise authorizes the construc- tion, operation, and maintenance of a cable television,system with- in the City. B. On July 25, 1995, the City Council of the City of Hermosa Beach adopted Resolution No.. 95-5761, which authorized and approved the assignment and transfer of the cable television franchise by ML Media Partners,- L.P. to Century Valley Cable Corp., a whoffy-owned subsidiary of Century Communications Corp., a New Jersey corporation. C. On May, 25, 1999, the City Council of the City of. Hermosa Beach adopted Resolution No. 99-5992, which authorized and approved the assignment and transfer of the cable television franchise by Century Valley Cable Corp. to Century -TCI California, L.P., a Delaware limit- ed partnership. That transaction has not been consummated as of September 28, 1999. D. On,April 21, 1999, the City received from Century Communications Corp., as the proposed transferor, and from Adelphia -. Communications Corporation, as the proposed transferee, an application for a transfer of control of the cable television franchise that may become effective either before or after the assignment and transfer of the franchise to Century -TCI California, L.P., which transaction is referenced above in paragraph C. E. The City and Century Valley Cable Corp. have negotiated -cer- tain amendments to the cable television franchise agreement for the purpose of clarifying and modifying certain rights and obligations of the parties relating to,,the operation and mainte- nancO of the cable television sys- tem witHi,, the City, as previously authorized'cW Ordinance No. 94- 1117. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES ORDAIN AS FOLLOWS: SECTION 1. Paragraph (b) of Section 3 of Ordinance No. 94- 1117 is amended as follows: A. By redesignating,paragraph (b), entitled "Construction Time Schedule," as para- graph (b)(1). B. By adding a new subsection (2) to paragraph (b)to read as follows: "(2) Following the GRANTEE'S completion of the Phase 11 rebuild/upgrade, GRANTEE must perform a. comprehensive technical audit -of that Phase II work to ensure, that all applicable technical standards have been met and that the work complies with all applicable federal requirements and City codes and regulations. GRANTEE must provide to the City a written report that _ documents the results of this audit no later than six months ' following the transfer of con- trol of Ahe franchise from GRANTEE'S parent compa- ny to Adelphia C o m m u n i c a t i o n s Corporation." SECTION 2. Section 3 of Ordinance No. 94.1117 is amended by adding a new para- graph (h) to read as follows: "(h) During the course of the Phase II rebuild/upgrade, GRANTEE will commence an audit of all subscriber ser- vice drops within the City, and this audit will be com- pleted no later than 180 days after the transfer of control of the franchise from GRANTEE'S parent compa- ny to Adelphia Communications Corporation, subject to, the granting of access by own- ers of private property. If such access is denied or delayed, GRANTEE'will con- tinue to seek owner consent to access beyond the 180 - day period and until all sub- scriber service drops have been inspected. GRANTEE's audit and inspection obligations will include the following: (1) The inspection of 100% of all aerial and underground physical plant and 100% of all subscriber service drops: (2) All active subscriber ser-' vice drops will be certified by GRANTEE to be code com- pliant, and inactive sub- scriber service drops will be removed if necessary. (3) All safety code defects and deficiencies in the phys- ical plant and in the sub- scriber service drops that are disclosed in the inspec- tion will be corrected by the GRANTEE. (4) GRANTEE will submit to the City. monthly progress reports that will identify the results of the physical plant inspections and the correc- tive actions taken. These monthly reports will specify :t a addresses of the sub- scriber service drops and physical plant that have been inspected and the nature of the corrective actions that have .been 1. Upon completion, GRANTEE will partici- pate with the,City in an evaluation of the GRANTEE's audit and inspection activities in order to confirm that all necessary remedial actions have been taken by the GRANTEE." SECTION 3. Paragraph Q) of Section 4 of Ordinance No. 94- 1117 is amended by adding at the end thereof the following lan- guage: "In addition to the free basic cable service that is refer- enced above in this para- graph (j), GRANTEE will provide, at such time as that service is offered on a com- mercial basis to residential subscribers to the cable television system, and upon the City's request, the installation of cable modems that provide Internet access service. These cable modems and their installation will be with- out cost to the City and without offset to the fran- chise fees paid to the City under the franchise, and will be limited to an aggre- gate of 20 cable modems and related installation ser- vices at City -owned or other public buildings within the franchise service area. The City is authorized. to select from programs that are offered to consumers and -to institutions the type of service to be provided by these 20 cable moderns. It the City requests more than, one cable modem installa- tion at any one location, or it the City requests addition- al installations beyond the 20 allocated by GRANTEE, then City will reimburse GRANTEE for the costs of labor and materials associ- ated with (i) the wiring installation of the multiple modem -site configuration, and (ii) additional cable modems that are requested by the City. Notwithstanding the references above to an aggregate of 20 cable modems, if eitherthe City of Redondo Beach or the City of Manhattan Beach is pro- vided by GRANTEE, or by any authorized transferee, or affiliate or parent compa- ny of GRANTEE, with a number of free cable modems in excess of 20, then City will also be enti- tled to receive that number of cable modems without charge and subject to the provisions of this paragraph SECTION 4. Attached to this ordinance in the form presented to the City Council is the "Franchisee's Acceptance" of this ordinance amending Ordinance No. 94-1117, which document will be signed by an authorized -rep- resentative of Century Valley Cable Corp. within 30 days after the effective date of this ordi- nance. SECTION 5. The City Clerk is directed to certify to the passage and adoption of this ordinance and to cause it to be published or posted as required by law. PASSED, APPROVED and ADOPTED this 9th day of November, 1999, by the following vote: AYES: Benz, Bowler, Edgerton, Reviczky NOES: None ABSENT: None ABSTAIN: Mayor Oakes Julie Oakes PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: Elaine Doerflinc City Attorney APPROVED AS TO FORM: Michael Jenkins City Clerk ER November 18, 1999/HBL-159 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 99-1196 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA AMENDING CHAPTER 5.04 OF THE MUNICIPAL CODE PERTAINING TO BUSINESS LICENSE FEES THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The first paragraph of Section 5.04.200.13.4 of Chapter 5.04 of Title 5 of the Hermosa Beach Municipal Code is amended to read as follows: "4. Classification D. Every person engaged in the business of trading in, selling, or offering for sale any materials, commodities, goods, wares or merchandise by means of any vehicle or delivery of same after order, or any person operating a delivery service for the delivery of any materials, commodities, goods, wares or merchandise by means of any vehicle, except for carriers of household goods as defined in Public Utilities Code Section 5109, for -hire motor carriers of property as defined in Revenue and Taxation Code Section 7232(c) and carriers of goods transported via air and subsequently delivered directly by vehicle, shall pay a license tax as follows:" SECTION 2. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reasons, 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 Ordinance. 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 M • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 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 the City, and shall make minutes of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 14th day of December, 1999 by the following vote: AYES: Bowler, Dunbabin, Edgerton, Reviczky, Mayor Oakes NOES: None AB SENT - None ABSTAIN.- None ATTEST - City Council and MAYOR of the City of Hermosa Beach, California APPROVED AS TO FORM: City Clerk City Attorney -2- • STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF HERMOSA BEACH I, Naoma Valdes, Deputy City Clerk of the City of Hermosa Beach, California, do hereby certify that the foregoing Ordinance No. 99-1196 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 day of December, 1999, and was published in the Easy Reader newspaper on December 23, 1999. The vote was as follows: AYES: Bowler, Dunbabin, Edgerton, Reviczky, Mayor Oakes NOES: None AB SENT - None ABSTAIN: None DATED: December 29, 1999 r' Deputy City Clerk • • R 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 00-1197 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA AMENDING MISCELLANEOUS SECTIONS OF THE HERMOSA BEACH MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 2.04.240 of Title 2, Chapter 2.04 of the Hermosa Beach Municipal Code is amended to read as follows: "2.04.240 Introduction of Ordinances. Any one councilmember may cause the introduction of an ordinance without a second or a vote of the Council." SECTION 2. Section 3.12.090.G. of Title 3, Chapter 3.12 of the Hermosa Beach Municipal Code is amended to read as follows: "G. Award of Contracts. 1. Supplies and equipment. A contract for the purchase of supplies and equipment shall be awarded to the lowest responsible bidder. 2. Services. A contract for services, other than professional services, shall be awarded to the bidder which the city council in its discretion determines offers the best level of services to the City. In making that determination, the Council may consider the bidder's price, experience, references, location, previous performance experience with the City if any, and overall reputation." H • 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 SECTION 3. Section 3.20.030.A. of Title 3, Chapter 3.20 of the Hermosa Beach Municipal Code is amended to read as follows: "A. The term "dwelling unit" includes: 1. a single-family dwelling; 2. each unit of an apartment, common interest development, duplex or other multiple dwelling structure containing a kitchen and designed as a separate habitation for occupancy by one or more persons; and 3. each space in a mobilehome park." SECTION 4. Section 3.20.070.A of Title 3, Chapter 3.20 of the Hermosa Beach Municipal Code is amended to read as follows: "A. Dwellings for Seniors and Disabled. Dwelling units dedicated for the exclusive occupancy of seniors or the disabled are exempt from the tax imposed by this chapter " SECTION 5. Section 5.04.200.B of Title 5, Chapter 5.04 of the Hermosa Beach Municipal Code is amended to read as follows: "B. Taxes. 1 Classification A. Every person conducting a fixed place of business in the city shall pay a license tax. The amount of the license tax is set forth in the schedule of taxes except as is otherwise provided herein. Group 1 Automobile agency, used car dealers, boat dealers, manufacturers, jobbers, wholesalers, secondhand dealers --fifty dollars ($50.00) per year on gross receipts of ten thousand dollars ($10,000.00) or less, plus forty cents ($0.40) for each additional one thousand -2- • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 dollars ($1,000.00) of gross receipts, maximum of one thousand one hundred ($1,100.00) per annum. Group I Every person in a business of a professional or semi-professional nature for which a state license is required for the conduct of such profession, including attorneys, income tax agents, auditors, accountants, architects, engineers, real estate brokers, chiropodists, dentists, opticians, optometrists, osteopaths, physicians, surgeons, veterinarians and any other professions not listed in this subsection, shall pay an annual license tax for each state -licensed person engaged in the business, and an additional license tax for each employee. Notwithstanding the foregoing, a licensed real estate broker or firm doing business in the city, but which real estate firm or broker does not have a local established business office within the city, shall pay only an annual license tax. A licensed person shall be considered an employee for this tax purpose if the employer does in fact withhold and pay federal income tax on said employee, and in addition thereto, pay to the state, as the laws may be applicable, unemployment and compensation insurance, and/or there is a contractual agreement. Otherwise, said licensed person shall be considered an independent contractor and shall pay the annual license tax set out hereinabove for a licensed person, except that a licensed real estate salesman shall be considered an employee. Unlicensed real estate canvassers shall be taxed to the broker as an employee under this section and shall further be required to comply with the provisions of Classification F of this section regulating the licensing of canvassers, solicitors, itinerant merchants, salesmen and peddlers. Group 3: Public stenographer, telephone services, employment agencies, advertising agencies, public relations agencies, travel agencies, consultants not qualifying as Group 2 professionals shall pay an annual license tax. -3- • 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Group 3.a: Telephone soliciting office and home occupations: every person engaged in the business of maintaining a telephone solicitation office or a home occupation shall pay an annual license tax and an additional license tax for each employee or person, including those employees or persons using the telephone to obtain orders or sales or to disseminate information, whether said person shall be an employee or independent contractor. Home occupations require compliance with the regulations set forth in Section 17.08.020.F. Group 4: Private detective, watchman service with a fixed place of business in the city or rendering a service within the city; loan company; and escrow company shall pay an annual license tax. Group 5: Sale or rental of beach equipment, including tents, umbrellas, water sports equipment shall pay an annual license tax. Group 6: Dancing studio, studio of music, music lessons, bridge lessons, art studio, swim schools and nursery schools shall pay an annual license tax. Group 7- Barbershops, manicuring, facial massage, beauty parlors, cosmetic skin treatment and establishments where massage services are offered by an individual as an incidental or accessory service and does not occupy more than 25% of the area of the establishment, shall pay an annual license tax and an additional license tax for each operator other than the owner Group 8: Bathhouse or plunge shall pay an annual license tax. Group 9: Auto or boat parking or storage lot shall pay an annual license tax for four thousand (4,000) square feet or less of area; an additional license tax will be added for each additional one thousand (1,000) square feet of area. This will not apply when this type of lot is part of and associated with another business activity. -4- • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Group 10: Auto trailer or mobile home park shall pay an annual license tax per space with a minimum annual license tax amount imposed. Group 11 Shoe shining business shall pay an annual license tax and an additional license tax for each operator. Group 12: Confectionery, candy, popcorn concessions operated in the foyer or lobby of theaters, places of amusements or public buildings shall pay an annual license tax. Group 13: Public utility companies operating in city and holding no franchise from city under the provisions of state laws shall pay an annual license tax and an additional license tax for each employee working from an established space of business within the city. Group 14: Advertising by means of searchlight, skylight, klieg light, portable flood light or any other such lighting device shall pay an annual license tax or a daily license tax for the use of each such light. Every person applying for such license shall first have obtained a special permit from the chief of police. Group 15: Placing of benches for advertising purposes adjacent to public streets or places shall pay an annual license tax for the first twenty (20) benches plus an additional license tax for each additional bench. Group 16: Checkroom for storage of parcels or wearing apparel, etc., for compensation shall pay an annual license tax. Group IT Hotel, motel, rooming house, boardinghouse, lodging house, apartment house, or any other accommodations for dwelling, sleeping or lodging containing three or more accommodations shall pay an annual license tax. Owner -occupied units are exempt from payment of the fee. Upon application for a business license for rental units as required by this code- -5- 2 3 4 5 6 7 8 9 10 11 12 13 . 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 a. The applicant shall sign an agreement under penalty of perjury that to the best of the applicant's information and belief, the rental of the units for which the license is granted is conducted in accordance with all applicable city rules and regulations. b. Said business license permit shall also include a statement, executed by the property owner, that the granting of this license is for revenue purposes only and is not a consent of the city to grant to the owner any rights in the conducting of the business of rental units that are not otherwise granted by city laws, rules or regulations and that the granting of the license is not to be considered by the owner as a waiver by the city of its rights to enforce any violation of certain laws, rules or regulations at any time. C. Upon the granting of a license for the conducting of the business of rental units, a copy of said license shall be forwarded to the building department for review with city records to determine if the licensed premises conform according to city records, to all laws, rules and regulations of the city. d. In the event that the building department determines a violation, according to city records, of any law, rule or regulation of the city exists, then the property owner shall be informed of the apparent violation and advised of any administrative hearings available to the owner to cause the rental units to conform to city laws, rules and regulations and further informing the owner that any enforcement by the city of such law, rule or regulation may, because of the lack of adequate personnel, be delayed but that such delay is not to be considered by the applicant as a waiver by the city of the enforcement of said laws, rules or regulations. e. The failure of the building department to give the notice required by subdivision (d) above shall not be grounds for the applicant to fail to comply with each law, rule or regulation of the city. M • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Group 18: Publishing a newspaper, newspaper agency shall pay an annual license tax. Group 19: Special or seasonal sales, when not in connection with a fixed place of business shall pay a license tax per season per location. Group 19.a: Every person who sells any goods, wares, merchandise, livestock or real estate at a public auction shall pay a license tax for each day. Groups 20--21 Reserved. Group 22: Laundry or similar business where the public may leave their wash to be done --seventy-five dollars ($75.00) per annum on gross receipts of ten thousand dollars ($10,000.00) or less, plus one dollar ($1.00) for each additional one thousand dollars ($1,000.00) of gross receipts. Group 23: Launderette, laundromats or dry cleaning on the premises by individual machines, where a charge is made through a coin-operated slot or on a flat fee basis --seventy-five dollars ($75.00) per annum on gross receipts of ten thousand dollars ($10,000.00) or less, plus eighty-five cents ($0.85) for each additional one thousand dollars ($1,000.00) of gross receipts, plus two dollars and fifty cents ($2.50) for each machine. Group 23.a: Coin-operated washer and dryer equipment not owned by the proprietor in apartment houses, hotels, motels and other similar accommodations for dwelling, sleeping or lodging --Every person engaged in the business of renting, leasing or operating laundry equipment not otherwise specifically covered by this chapter on premises mentioned above shall pay a license fee of fifty dollars ($50.00) per annum on gross receipts of ten thousand dollars ($10,000.00) or less, plus seventy-five cents ($0.75) for each additional one thousand dollars ($1,000.00) of gross receipts derived from the conduct of business within the city. -7- • • 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Group 24: Hospitals, sanitariums and rest homes, mortuaries, animal hospitals --seventy-five dollars ($75.00) per annum on gross receipts of ten thousand dollars ($10,000.00) or less, plus eighty-five cents ($0.85) for each additional one thousand dollars ($1,000.00) of gross receipts. Group 25: Selling or offering for sale to the public at retail any materials, commodities, goods, wares or merchandise, such as auto parts, food stores, bakery, garages, service stations, drug stores, florists, furniture, printing shops and all other similar, kindred or related operations for which a business license tax is not otherwise specifically mentioned above --one hundred dollars ($100.00) per annum on gross receipts of twenty thousand dollars ($20,000.00) or less, plus one dollar ($1.00) for each additional one thousand dollars ($1,000.00) of gross receipts. Group 26: Telephone companies operating in the city and holding no franchise shall pay a license fee of fifty dollars ($50.00) per annum on gross receipts of ten thousand dollars ($10,000.00) or less plus seventy-five cents ($0.75) for each additional one thousand dollars ($1,000.00) of gross receipts. 2. Classification B. Every person conducting a fixed place of business in the city shall pay a license tax. The amount of the license tax is set forth in the schedule of taxes except as is otherwise provided herein. Group 1 Advertising by billboards --shall pay an annual license tax for the first five billboards and an additional tax for each additional billboard. Group 2: Installing or maintaining flags, banners or other decorative advertising displays over or upon any public street or place shall pay a license tax calculated either per quarter or per day. -8- • n LJ • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Group 3: Advertising by posting, sticking, tacking, painting or affixing signs on or over structures other than public utility poles or public property shall pay a license tax calculated either per quarter or per day. Group 4: Auto wrecking and dealers in junk shall pay an annual license tax. Issuance of a business license requires compliance with the licensing requirements of Chapter 5.60. Group 5: Animal show--Trained-shall pay a license tax per day. Group 6: Bowling alleys shall pay an annual license tax per year and an additional license tax per alley. Issuance of a business license requires compliance with the licensing requirements of Chapter 5.68. Group 7- Dance hall or dance floor shall pay an annual license tax for five thousand (5,000) square feet of floor space or less, plus an additional tax for each additional square foot. Issuance of a business license requires compliance with the licensing requirements of Chapter 5.36. Group 8: Massage therapy, practicing physiotherapy, health and physical culture establishments shall pay an annual license tax plus an additional license tax for each operator Issuance of a business license for an independent Massage Therapy business requires prior approval of a Conditional Use Permit and compliance with the licensing requirements of Chapter 5.74. Group 9: Dealer in new or used machinery for resale shall pay an annual license tax. Group 10: Selling or offering for sale stocks of machinery, goods, wares or merchandise advertised as bankrupt, sheriffs, assignee's, trustee's, creditor's, receiver's or special sale of damaged goods shall pay an annual license tax. Issuance of a business license requires compliance with the licensing requirements of Chapter 5.60. Group 11 The following shall pay an annual license tax: a. Vaudeville shows and legitimate theaters. -9- s • 1 2 3 4 u5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 b. Entertainment not in conjunction with a bar or restaurant serving alcoholic beverages. Issuance of a business license requires prior approval of a Conditional Use Permit. Group 12: Motion picture production not operating from a fixed place of business in the city shall pay a license tax per thirty (30) day period. Issuance of a business license compliance with the permit requirements of Section 12.28.130. Group 13 ; Motion picture production shall pay a license tax per quarter Group 14: Pawnbrokers shall pay a license tax per quarter. Issuance of a business license requires compliance with the licensing requirements of Chapter 5.60. Group 15: Pool and billiard parlors shall pay an annual license tax plus an additional license tax for each pool or billiard table. Issuance of a business license requires compliance with the licensing requirements of Chapter 5.68. Group 16: Taxicabs and autos for hire shall pay an annual license tax for the first vehicle, plus an additional license tax for each additional vehicle. Issuance of a business license requires compliance with the licensing requirements of Chapter 5.72. Group 17- Tent shows, transient and other theatrical exhibitions of skill, physical and mental strength or ability, art or science shall pay a license tax for the first day plus an additional license tax for each additional day. Issuance of a business license requires prior approval of a Conditional Use Permit or a Special Permit issued pursuant to Section 12.12.070. Group 18: Processions, parades, etc., in connection with any amusement or other enterprise operated for profit shall pay a license tax for each such procession. Issuance of a business license requires prior approval of a Special Permit issued pursuant to Section 12.12.070. -10- 1 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Group 19: Dating bureaus, compatibility matching services and other advisory or counseling service related to heterosexual behavior and activities shall pay an annual license tax. Group 20: Specialty shop: retail or service specialty establishments purveying primarily apparel, curios, artifacts, footwear, artistic materials, and related items --one hundred dollars ($100.00) per annum on gross receipts of twenty thousand dollars ($20,000) or less, plus one dollar ($1.00) for each additional one thousand dollars ($1,000.00) of gross receipts. Group 21 Restaurants: any restaurant where food or beverages are sold or offered for sale for consumption on or off the premises, but wherein no beer, wine, or liquor is sold or offered for sale for consumption shall pay an annual license tax. 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. Group 23; All restaurants serving distilled spirits shall pay an annual license tax. Issuance of a business license requires prior approval of a Conditional Use Permit. Group 24: All cocktail bars shall pay an annual license tax. Issuance of a business license requires prior approval of a Conditional Use Permit. Group 25: All beer and/or wine bars shall pay an annual license tax. Issuance of a business license requires prior approval of a Conditional Use Permit. Group 26: Motion picture theaters --one hundred dollars ($100.00) for the first twenty thousand dollars ($20,000.00) of gross receipts per annum plus one dollar and fifty cents ($1.50) for each additional one thousand dollars ($1,000.00) of gross receipts per annum. Issuance of a business license requires prior approval of a Conditional Use Permit. 3. Classification C. Each general building or engineering contractor shall furnish the license collector with a list of all subcontractors upon forms furnished by the license -1l- • 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 collector prior to obtaining inspection of the work performed by such subcontractors. It shall be the responsibility of every general building and engineering contractor to require subcontractors under his control or direction to obtain a business license as herein provided and pay a license tax in an amount set forth in the schedule of taxes before permitting the subcontractor to begin or perform services for the general building or engineering contractor Every person engaged in the business of contracting and/or subcontracting shall be required to have a city license for doing the type of work authorized before obtaining a city building permit. The license tax shall be in an amount set forth in the schedule of taxes. Group l Every person engaged in business or acting as a general or engineering contractor (B or A); plumbing contracting (C-36); electrical contractor (C-10) shall pay an annual license tax. Group 2: Every person engaged in business or acting as a subcontractor per classification established by state contractors board as set forth under the group in the Municipal Code, and other contractors that do jobs less than two hundred dollars ($200.00) in value shall pay an annual license tax. Each general building contractor shall furnish the license collector with a list of each subcontractor upon forms furnished by the license collector Group 3: a. Every person acting as an owner -builder who builds any building or structure for the purpose of sale or as rental units, (i.e., three or more units) shall pay an annual license tax. b. It shall be the responsibility of every owner -builder to require all subcontractors under his control or direction to obtain a business license as herein provided before -12- • 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 permitting such subcontractor to begin work or perform any service for the owner -builder Each owner -builder shall furnish the license department with a list of subcontractors, as mentioned above, prior to the starting of any work. It shall be the responsibility of every owner -builder to determine that all subcontractors have obtained a proper business license before such owner -builder shall request and/or receive any city building department inspection. C. The license tax provisions for owner -builder shall not apply when a one- or two-family dwelling being built is on property owned by the owner -builder and such building or structure is for the use of the owner -builder, except that all subcontractors shall comply with the provisions of subdivision (b) of this subsection. d. Any person applying for a building permit as an owner -builder, representing that he is personally to occupy such structure proposed to be erected and who, within one year from the completion thereof, sells or offers for sale such structure, shall be guilty of a misdemeanor; provided, however, the provisions of this subsection shall not apply to owner -builders who within one year sell such property for any reason other than for speculative purposes. 4. Classification D. Every person engaged in the business of trading in, selling, or offering for sale any materials, commodities, goods, wares or merchandise by means of any vehicle or delivery of same after order, or any person operating a delivery service for the delivery of any materials, commodities, goods, wares or merchandise by means of any vehicle, shall pay a license tax in an amount set forth in the schedule of taxes. Group I Wholesale deliveries, express or transfer business shall pay an annual license tax per vehicle. 13- I] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Group 2: Retail deliveries, when not in connection with a fixed place of business within the city shall pay an annual license tax per vehicle. Group 3: Swimming pool maintenance services shall pay an annual license tax per vehicle. Group 4: Installation and maintenance of portable toilets shall pay an annual license tax per vehicle. Group 5: Installation, servicing, maintaining alarm service shall pay an annual license tax per vehicle. Group 6: Window cleaning, building cleaning, or carpet cleaning shall pay an annual license tax per vehicle. Group 7- Television, radio repair service, or appliance repair service shall pay an annual license tax per vehicle. Group 8: Lawn service, gardening service, landscaping service shall pay an annual license tax per vehicle. Group 9: Reserved. Group 10: Any lunch wagon or catering truck in or upon any public street or entering upon any private property from a public street shall pay an annual license tax per vehicle. Group II All other vehicles not otherwise specifically mentioned in this classification shall pay an annual license tax per vehicle. 5. Classification E. It is unlawful for any person to distribute, maintain, operate, rent or furnish on a percentage or commission basis, or otherwise, without first having obtained a license to do so, in any business established or place within the city, any such music or amusement machine, cigarette machine, and vending machine. The license tax shall be in an 14- �m 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 0 28 amount set forth in the schedule of taxes. Every person required to have a license by the provisions of this chapter shall file with the license collector a list of all the coin-operated machines placed within the city by or for such person, giving the exact location, type and number of such machines. Group 1 Music and amusement machines: every person engaged in the business of operating any amusement or music machine, not otherwise specifically covered by this chapter, whether coin-operated or not, whether such operation is incidental to some other business being operated on the premises or whether such operation constitutes an amusement arcade, shall pay an annual license fee for each music or amusement machine. Group I Cigarette machines: every person engaged in the business of operating any cigarette vending machine not otherwise specifically covered by this chapter where such operation is incidental to, or in conjunction with, some other business being operated on the particular premises shall pay a license fee of fifty dollars ($50.00) per annum on gross receipts of ten thousand dollars ($10,000) or less, plus seventy-five cents ($0.75) for each additional one thousand dollars ($1,000.00) of gross receipts derived from the conduct of business within this city. Group 3; Vending machines: every person engaged in the business of operating any vending machine, vending any service or product, and not specifically covered by this chapter, where such operation is incidental to, or in conjunction with, some other business being operated on the particular premises shall pay a license fee of fifty dollars ($50.00) per annum on gross receipts of ten thousand dollars ($10,000.00) or less plus seventy-five cents ($0.75) for each additional one thousand dollars ($1,000.00) of gross receipts derived from the conduct of business within this city. Group 4: Exemption where cigarette machine and/or vending machine owned by proprietor of business located within city: A proprietor of a business located within the city having 15- • c: • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 as a part of that business a cigarette machine and/or vending machine owned by said proprietor shall, upon proof of ownership, be issued a no fee license. Gross receipts of all cigarette and/or vending machines owned by the proprietor shall be included in the total gross receipts of said business. Group 5: Liability for payment of license fee and confiscation of unlicensed machines: where a coin-operated machine is subject to the licensing provisions of this chapter, any person owning or in possession of said machine where located shall be responsible for the licensing of said machine. No person shall keep or maintain upon his premises any coin-operated machine for which no license has been obtained and upon which no license or decal has been posted. Where the person in possession of the premises upon which an unlicensed coin-operated machine is located refuses to obtain a license for the same on the basis that the machine is not owned or possessed by him, the license collector or his authorized deputy or agent shall remove said machine to the city hall and shall place the same in storage until claimed by the rightful owner thereof. Said machine shall be delivered to the rightful owner upon payment of moving, storage and accrued business license charges. All coin-operated machines located in the city shall have prominently displayed on them the name, address and telephone number of the owner of said machine. 6. Classification F. Every person canvassing, soliciting or performing personal and miscellaneous services from house-to-house or place -to -place, or peddling, or selling books, magazines, photographs or any other product, device, merchandise or material from house-to-house or place -to -place either residential or business, except as otherwise herein provided shall obtain a business license and pay a license tax in an amount set forth in the schedule of taxes. Group 1 Living outside the city --shall pay an annual license tax per individual. 16- w 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 Group 2: Living inside the city and having proof of six (6) months' residence shall pay an annual license tax per individual." SECTION 6. Section 5.04.210 of Title 5, Chapter 5.04 of the Hermosa Beach' Municipal Code is amended to read as follows - "5.04.210 License fee for owning, managing, operating oil wells. For every person, firm or corporation owning, managing or operating oil wells, from which the derrick has, or has not, been removed, shall pay an annual license tax per well in an amount set forth in the schedule of taxes." SECTION 7. 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 in an amount set forth in the schedule of taxes." SECTION 8. Section 10.32.070 of Title 10, Chapter 10.32 of the Hermosa Beach Municipal Code is amended by adding thereto a new subparagraph M. to read as follows: W. Within any dedicated public right -of --way not designated as a public parking space, except on rights -of --way within the 0S --O (Open Space Overlay) Zone upon approval of an encroachment permit." H ;.7- • 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 SECTION 9. Section 13.08.050 of Title 13, Chapter 13.08 of the Hermosa Beach Municipal Code is hereby amended to read as follows: "13.08.050 Costs for Conversion. In order to initiate conversion proceedings in the absence of a property owner petition submitted in accordance with State law, the city council shall determine that the city or a public utility has voluntarily agreed to pay over fifty (50) percent of all costs of conversion, excluding costs of users' connections to underground electric or communication facilities." SECTION 10. The amendments to Chapter 5.04 contained in Sections 5, 6 and 7 of this Ordinance provides for a schedule of taxes and deletes the references to specific dollar amounts for license taxes required to be paid by businesses in the City. The City Council finds that the schedule of taxes, in each and every instance, is not an enactment of new taxes, but rather is a continuation of taxes adopted by the City before the imposition of Proposition 218. SECTION 11. 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 City Council hereby declares that it 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. H 18- 2 3 4 5 6 7 8 9 10 11 12 13 14 • 15 16 17 18 19 20 21 22 24 25 26 27 • 28 SECTION 12. The City Council does hereby designate the City Attorney to prepare a summary of this ordinance to be published pursuant to Government Code Section 36933 (c) (1) in lieu of the full text of said ordinance. That prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause the summary to be published in the Easy Reader, a weekly newspaper of general circulation, published and circulated in the City of Hermosa Beach. 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 11th day of January, 2000 by the following vote: AYES: Bowler, Dunbabin, Edgerton, Reviczky, Mayor Oakes NOES: ABSENT- ABSTAIN: BSENTABSTAIN: ATTEST - City Clerk of the City Council and MAYOR of the City of Hermosa Beach, California APPROVED AS TO FORM: 19 - • 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: January 20. 2000 All in the year 2000 I certify (or declare) under penalty of perjun, that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, This 2nd day of March, 2000 Sign e EASY READER, 1NC. P.O. BOX 427 832 HERMOSA AVENUE HERMOSA BEACH, CA 90254 Telephone: (3 10) 372-4611 • Proof of Publication of: C'TTY OF HFR MOSS A RF. A Ou HBL-163 CITY OF HERMOSA BEACH The following summary of Ordinance No. 00-1197 was prepared by Michael Jenkins, the City Attorney of the City of Hermosa Beach. 'A Ordinance No. 00-1197 amends numerous miscella- neous sections of the Hermosa Beach Municipal Code by making the following changes: (a) deletes redundant procedural requirements pertaining to City Council action on Planning Commission recom- mendations relative to amendments to the zoning ordinance; (b) clarifies the procedures for awarding bids for supplies and equipment and services; (c) clarifies the definition of "dwelling unit" for purposes of the Park and Recreation Facilities Tax; (d) expands the exemption of nonprofit senior housing from the Park and Recreation Facilities Tax to include for- profit senior or disabled housing; (e) deletes mention of specific business taxes, which will instead be set forth (in the same amounts) in a sched- ule of taxes adopted by reso- lution of the City Council; (f) deletes business taxes for commercial leaseholds; (g) precludes issuance of a busi- ness license for massage businesses absent prior approval of a conditional use permit and compliance with Chapter 5.74 of the Municipal Code; (h) prohibits vehicle parking in public right-of-way areas not designated for parking, except in certain areas with approval of an encroachment permit; and (i) clarifies existing procedural requirements for initiating undergrounding districts. PASSED, APPROVED and ADOPTED this 11th day of January, 2000, by the following vote: AYES: Bowler, Dunbabin, Edgerton, Reviczky, Mayor Oakes NOES: None ABSTAIN: None ABSENT: None Julie Oakes 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 January.29, 2000/HBL-163 n LJ 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 ORDINANCE NO. 00-1198 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING FROM M-1 (LIGHT INDUSTRIAL) TO R-2 (TWO-FAMILY RESIDENTIAL) AND ADOPTION OF A MITIGATED ENVIRONMENTAL NEGATIVE DECLARATION FOR THE PROPERTY LOCATED ON THE NORTHEAST CORNER OF FIRST PLACE AND ARDMORE AVENUE AT 603 FIRST PLACE AND 112-142 ARDMORE AVENUE, LEGALLY DESCRIBED AS LOT 106 THROUGH 110 INCLUSIVE, WALTER RANSOM CO.'S VENABLE PLACE THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. An application was filed by Michael Mulligan owner in escrow of real property at 603 First Place and 112-142 Ardmore Avenue seeking to amend the Zoning Map. SECTION 2. The Planning Commission conducted a duly noticed de novo public hearing to consider the application for a Zone Change on March 21, 2000, 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 on April 25, 2000, to consider the recommendation of the Planning Commission to approve the requested Zone Change, at which testimony and evidence, both written and oral, was presented to and considered by the Council. SECTION 4. Based on evidence received at the public hearing, the Planning Commission makes the following factual findings: 1, The requested change in zoning for the subject property from M-1 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 east, north and south are designated Medium Density Residential on the General Plan and Zoned R-2, with the exception of one adjacent lot immediately to the north which is not included in this request, which would remain M-1 zoned. Properties to the west are designation Low Density Residential, and zoned R-1. 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 SECTION 5. Based on the foregoing factual findings, the City Council 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. 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 ordains that the City's Official Zoning Map be amended as follows: 1, Amend the Zoning Map by changing the properties, as described below and shown on the attached map, from M-1 (Light Manufacturing) to R-2 (Two -Family Residential): 603 First Place and 112-138 Ardmore Avenue, legally described as lots 106 through 110 inclusive, 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. 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- LJ 2 3 4 5 6 7 8 9 10 12 13 14 • 15 16 17 18 19 20 21 22 23 24 25 26 27 is 28 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 May, 2000, by the following vote: AYES: Bowler, Dunbabin, Mayor Reviczky NOES: Edgerton, Oakes ABSENT- None ABSTAIN: None PRESIDENT of the Cj y Council and MA W of the City of Hermosa Beach, California ATTEST - City Clerk -3- APPROVED AS TO FORM: ACTIVITY IDENTIFICATION Location a. Address: 601 1st Place and 112, 138 & 142 Ardmore Avenue Legal: Lots 106 through 110 inclusive, Water Ransom Company's Venable Place tescription Zone change from M-1 to R-2, Conditional Use Permit, Precise Development Plan and Vesting Tentative Tract Map #53116 for a 12 -unit condominium. Sponsor a. Name: Michael Mulligan b. Mailing Address: 518 Pier Avenue, Hermosa Beach, CA 90254 Phone: (310) 379-1493 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 4psolution 89-5229 of the City Council of Hermosa Beach, and find that this project does not require a comprehensive nvironmental Impact Report because, provided the attached mitigation measures are included in the project; it would not have a significant effect on the environment. Documentation supporting this finding is on file in the Community Development Department, Planning Division. i 2-Jc-()y Date of Finding 'Chairman,EWronmentai 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, provided the attached mitigation measures are included in the project; it would not have a significant effect on the environment. Documentation supporting this finding is on file in the Community Development Department, Planning Division. A Date of Sinding Chairman, Planning Commission FINDING OF THE CITY COUNCIL We have undertaken and completed an Environmental Impact Review of this proposed project in accordance with loesolution 89-5229 of the City Council of Hermosa Beach, and find that this project does not require a comprehensive vironmental Impact Report because, provided the attached mitigation measures are included in the prosect, it would not have a significant effect on the environment. Documentation supporting this finding is on file in the Community Development Department, Planning Division. N: 5'- , �'- eD-o - J/ i�'x Date of Finding Mayo. , ermosa Beach ,y Council MITIGATION MEASURES 603 1 ST PLACE AND 112,138 & 142 ARDMORE AVENUE No direct garage access on Ardmore Avenue so all exiting vehicles can enter streets in a forward direction. 2. The provision of a heavily landscaped buffer along north property line adjacent to auto body/repair shop. f: b95\cd\negdec\negdec6 C, 0 ZONE CHANGE 00-1 K-� OCEAN R-1 AVE, Ct SPq g SPA QP �Y HI GHW,4 y s�q 7 0 N M -i AVENUE • AEZDM01LE AV&NuF R �l E-47 Ewa SPA 7;. ,I 1' S Pq cFH� ` w R -z k R-21 SAI 3 SP/ i 1 O S 1 /1 t City of Hermosa Beach Community Development Department • 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. 00-1198 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 day of May, 2000, and said ordinance was published in the Easy Reader newspaper on May 18, 2000. The vote was as follows: • AYES: Bowler, Dunbabin, Mayor Reviczky NOES: Edgerton, Oakes ABSENT- None ABSTAIN: None DATED: May 18, 2000 City Clerk 0 0 • • 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: May 18, 2000 All in the year 2000 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, This 25th day of May, 2000 Signature EASY READER, INC. P.O. BOX 427 832 HERMOSA AVENUE HERMOSA BEACH, CA 90254 Telephone: (310) 372-4611 Proof of Publication of - CITY OF HERMOSA BEACH reA.,o. A tk o o r CITY OF HERMOSA BEACH ORDINANCE NO. 00-1198 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING FROM M-1 (LIGHT INDUS- TRIAL)TO R-2 (TWO-FAMI- LY RESIDENTIAL) AND ADOPTION OF A MITIGAT- ED ENVIRONMENTAL NEGATIVE DECLARATION FOR THE PROPERTY LOCATED ON THE NORTH- EAST CORNER OF FIRST PLACE AND ARDMORE AVENUE AT 603 FIRST PLACE AND 112-142 ARD - MORE AVENUE, LEGALLY DESCRIBED AS LOT 106 THROUGH 110 INCLUSIVE, WALTER RANSOM COTS VENABLE PLACE THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: located in an area which is pre- dominantly residential in charac- ter. A residential use of the sub- ject properties will be more com- patible 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 quali- fies for a Mitigated Negative Declaration. SECTION 6. Based on the foregoing, the City Council here- by ordains that the City's Official Zoning Map be amended as fol- lows: 1. Amend the Zoning Map by changing the properties, as described below and shown on the attached map, from M-1 (Light Manufacturing) to R-2 (Two -Family Residential): 603 First Place and 112.138 Ardmore Avenue, legally described as lots 106 through 110 inclusive, 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 pas- sage and adoption. SECTION 8. Prior to the expi- ration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance SECTION 1. An application to be published in the Easy was filed by Michael Mulligan Reader, a weekly newspaper of owner in escrow of real property general circulation published and at 603 First Place and 112-142 circulated, in the City of Hermosa Ardmore Avenue seeking to Beach in the manner provided by amend the Zoning Map. law. SECTION 2. The Planning SECTfON 9. The City Clerk Commission conducted a duly shall certify to the passage and noticed de novo public hearing to adoption of this ordinance, shall consider the application for a enter the same in the book of Zone Change on March 21, 2000, original ordinances of said city, at which testimony and evidence, and shall make minutes of the both written and oral, was pre- passage and adoption thereof in sented to and considered by the the records of the proceedings of Planning Commission. the City Council at which the SECTION 3. The City Council same is passed and adopted. conducted a duly noticed public hearing on April 25, 2000, to con- sider the recommendation of the Planning Commission to approve the requested Zone Change, at which testimony and evidence, both written and oral, was pre- serited to and considered by the Council. SECTION 4. Based on evi- dence received at the public hearing, the Planning Commission makes the following factual findings: 1. The requested change in •zoning for the subject property from M-1 to R-2 will make the zoning for the subject property consistent with the General Plan designation of Medium Density Residential. 2. Surrounding prop- erties to the east, north and south are designated Medium Density iesidential on the General PI rnd Zoned R-2, with the exa ion of one adjacent lot imme hely to the north which is ncluded in this request, wh Mould remain M-1 zon Properties to the west are de: nation Low Density Residen and zoned R-1. SECTION 5. Based on foregoing factual findings, City Council makes the follov findings pertaining to the Z Change: 1. The Zone Change will t the subject property into cor tency with the General Plar the City. 2, The subject prc ty to -be redesignated is appr ate for residential use as abutted by residential uses PASSED, APPROVED and ADOPTED this 9th day of May, 2000, by the following vote: AYES: Bowler, Dunbabin, Mayor Reviczky NOES: Edgerton, Oakes ABSENT: None ABSTAIN: None J R Reviczkv 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 May 18, 2000/HBL-166 n LJ 2 3 4 5 6 7 8 9 10 12 13 0 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 ORDINANCE NO. 00-1199 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE TO ELIMINATE THE TWO STORY MAXIMUM IN THE R-19 R -1A, R-2 AND R -2B ZONES TO ELIMINATE DEFINITIONS OF STORY AND BASEMENT, AND TO CODIFY THE PROCEDURE FOR CALCULATING, MEASURING, AND ENFORCING BUILDING HEIGHT. 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 September 21, 1999, to consider amendments to the Zoning Ordinance regarding maximum number of stories, and the height measurement procedure at which testimony and evidence, both written and oral, was presented to and considered by the Commission. SECTION 2. The City Council conducted a duly noticed public hearing on April 25, 2000, to consider the recommendation of the Planning Commission to approve the text amendments, at which testimony and evidence, both written and oral, was presented to and considered by the Council. SECTION 3. Based on the evidence considered at the public hearing, the City Council makes the following findings: 1, Most residential buildings are built with three levels; the ground level designed to qualify as a basement; and the floors above as the first and second story. 2. Most developers seek to maximize the building area and height, and to locate the primary living area at the view level. 3. The factor that effectively guides the height and appearance of building is the building height maximum, not the number of stories. 4. Therefore, under the current building conditions, the story limitation does not serve any real purpose and actually is misleading and confusing. 5. In some cases the "story" limitation actually encourages the "artificial" raising of grades around a building to qualify the ground floor as a basement. If the two-story maximum is 2 3 4 5 6 7 8 9 10 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 eliminated this practice would no longer be necessary for a project to comply with Zoning requirements, providing the option to either construct a three-story building (which under the U.B.C. requires two sets of stairways), or construct a two-story building with a basement placed partially below finished grade. 6. The proposed amendment will eliminate the misleading "story" limitation, and eliminate inconsistency between the Zoning Ordinance and the Uniform Building Code relative to "basement" and "story," and codify current practice for calculating, measuring and enforcing building height. 7 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 Beach Municipal Code, Title 17 -Zoning, be amended as follows: 1, Amend Chapter 17.08, R-1 Single -Family Residential Zone, Section 17.08.030(A) pertaining to building height, as follows: "A. Building Height. Any building may hm,e a +nfflEi umr offtwe sterie&,-buA shall not exceed in -any ease a maximum of twenty-five (25) feet in height." 2. Amend Chapter 17 10, R-1 A Two Dwelling Units Per Lot Zone, Section 17 10.020(A) pertaining to building height, as follows: "A. Building Height. Any building ma�, have -a maximufn of twe ste ies, bu shall not exceed t'n any ease a maximum of twenty-five (25) feet in height." Refer to Chapter 17.22 for additional height requirements for condominiums. 3. Amend Chapter 17 12, R-2 Two -Family Residential Zone, Section 17 12.020(A) pertaining to building height, as follows: "A. Building Height. Any building may hm,e a maxiflRufn of true-ste�ies-,-bttt shall not exceed in any ease a maximum of thirty (30) feet in height." Refer to Chapter 17.22 for additional height requirements for condominiums. !PA 2 3 4 5 6 7 8 9 to 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 4. Amend Chapter 17 14, R -2B Limited Multi -Family Residential Zone, Section 17 14.020(A) pertaining to building height, as follows: "A. Building Height. Any building may -have -af two Steri -tet shall not exceed in ease a maximum of thirty (30) feet in height." Refer to Chapter 17.22 for additional height requirements for condominiums. 5. Amend Chapter 17.04, Definitions, Section 17.04.04 to eliminate the definitions for "Basement" and "Story." 6. Amend Chapter 17.46, to add Section 17.46.015 to read as follows: "17.46.015 Calculating, Measuring, and Enforcing Maximum Building Height The allowed building height is set forth in each specific zone. Determining maximum building height for any building in any zone is based on the definition for "building height" as contained in Chapter 17.04. The procedure for calculating, measuring, and enforcing building height requirements is as follows: A. A detailed topographic survey, prepared and certified by a licensed surveyor or civil engineer, indicating all corner point elevations of a property shall be the basis for calculating building height. B. Maximum building height at critical points of the building shall be calculated by interpolating from the elevation points indicated on the survey. C. The maximum allowable building height shall be indicated at each critical point on the roof plan and building elevation plans. D. The building, while under construction and at the roof framing inspection stage, shall be surveyed to determine building heights at critical points on the roof (or uppermost portion of the building roof sheathing) corresponding to approved plans. The survey shall be conducted and certified by a licensed surveyor or civil engineer. E. A building height verification letter shall be submitted indicating that the building is at or below the calculated maximum building height at the critical points before the roof framing final inspection is approved by the City. -3- • 1 2 3 4 5 6 7 8 9 10 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 F. Alterations and expansions to existing one-story buildings not resulting in additional stories, and minor alterations to any building which are clearly below maximum height limits, may be excepted from these procedures at the discretion of the Director of the Community Development Department." 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 9th day of May, 2000, by the following vote: AYES: Bowler, Dunbabin, Edgerton, Oakes, Mayor Reviczky NOES: None ABSENT- None ABSTAIN: None PRESIDENT of the >C � Council and ATTEST - City Clerk OR of the City of Hermosa Beach, California APPROVED L-UI'L City Attorney -4- TO FORM: • 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. 00-1199 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 day of May, 2000, and said ordinance was published in the Easy Reader newspaper on May 18, 2000. The vote was as follows: • AYES: Bowler, Dunbabin, Edgerton, Oakes, Mayor Reviczky NOES: None AB SENT - None ABSTAIN: None DATED: May 18, 2000 City Clerk 0 C: C 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: May 18, 2000 All in the year 2000 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, This 25th day of May, 2000 Signature EASY READER, INC. P.O. BOX 427 832 HERMOSA AVENUE HERMOSA BEACH, CA 90254 Telephone: (310) 372-4611 Proof of Publication of: CITY OF HERMOSA BEACH BBL -167 j�nw.oe > ■ t g ►' CITY OF HERMOSA BEACH ORDINANCE NO.00-1199 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE TO ELIMINATE THE TWO STORY MAXI- MUM IN THE R-1, R-1 A, R -2 - AND R -2B ZONES, TO ELIMINATE DEFINITIONS OF STORY AND BASE- -MENT,,AND TO CODIFY THE PROCEDURE FOR CALCULATING, MEASUR- ING, AND ENFORCING BUILDING HEIGHT. 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 September 21, 1999, to consider amendments to the Zoning Ordinance regard- ing maximum number of stories, and the height measurement pro- cedure at which testimony and evidence, both written and oral, was presented to and considered by the Commission. SECTION 2. The City Council conducted a duly noticed public hearing on April 25, 2000, to con- sider the recommendation of the Planning Commission to approve the text amendments, at which testimony and evidence, both written and oral, was presented to and considefed by the Council. SECTION 3. Based on the evidence considered at.the public hearing, the City Council makes the following finding's: 1. Most residential buildings are built with three lev- els; the ground level designed to quality as a basement; and the floors above as the first and sec- ond story. 2. Most developers seek_ to maximize the building area and height, and to locate the primary living area at .the view level. 3. The factor that effectively guides the height and appearance of building is the building height maximum, not the number of stories. 4. Therefore, under the current building conditions, the story limitation does 'not serve any real purpose and actu- ally is misleading and confusing. 5. In some cases the "story" limitation actually encour- ages the "artificial" raising of grades around a building to qual- ity the ground floor as a base- ment. If the two-story maximum is eliminated this practice would no longer be necessary for a project to comply with Zoning requirements, providing the option to either construct a three- story building (which under the U.B.C. requires two, sets of stair- ways), or construct a two-story building with a basement placed partially below finished grade.. 6. The proposed' amendment will eliminate the misleading "story" limitation, and eliminate inconsistency between the Zoning Ordinance and the Uniform Building Code relative to "basement" and "story," and codi- fy current practice for calculating, measuring and enforcing building height. 7. 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 modifi- cations'to the zoning ordinance may have a significant effect on the environment. SECTION 4. Based on the foregoing, the City Council here- by ordains that the Hermosa Beach Municipal Code, Title 17 - Zoning, be amended as follows: 1. Amend Chapter 17.08, R-1 Single -Family Residential Zone, Section 17,08.030(A) pertaining to build- ing height, as follows: "A. Building Height. Any build- ing may have a maivimbim el We e1e0e8, W! shall not exceed ire eRy-ease a maximum of twenty- five (25) feet in height" 2. Amend Chapter 17.10, R -1A Two Dwelling Units Per Lot Zone, Section 17.10.020(A) pertaining to bGild- ing height, as follows: "A. Building Height. Any build- ing efer1e8-4sE shall not exceed iR eRy ease a maximum of twenty- five (25) feet in height" Refer to Chapter 17.22 for additional Chapter 17.22 for additional height requirements for condo- miniums. 5. Amend Chapter 17.04, Definitions, Section 17.04:04 to eliminate the defini- tions for "Basement" and "Story." 6. Amend Chapter 17.46, to add Section 17.46.015 to read as follows: ."17.46.015 Calculating, .Measuring, and Enforcing Maximum Building Height The allowed building height is set forth in each specific zone. Determining maximum building height for any building in any zone is based on the definition for "building height" as contained in Chapter 17.04. The procedure for calculating, measuring, and enforcing building height require- ments is as follows: A. A detailed topographic sur- vey, prepared and certified by a licensed surveyor or civil engi- neer, indicating all corner point elevations of a property shall be the basis for calculating building height. B. Maximum building height at critical points of the building shall be calculated by interpolating from the elevation points indicat- ed on the survey. C. The maximum allowable building height shall be indicated at each critical point on the roof plan and building elevation plans. D. The building, while under construction and at the roof.fram- ing inspection stage, shall be surveyed to determine building heights at critical points on the roof (or uppermost portion of the building roof sheathing) corre- sponding to approved plans. The survey shall be conducted and certified by a licensed surveyor or civil engineer. E. A building height verification letter shall be submitted indicat- ing that the building is at or.below the calculated maximum building height at the critical points before the roof framing' final inspection is approved by the City. F. Alterations and expansions to existing one-story buildings not resulting in additional stories, and minor alterations to any building which are clearly below maximum height limits, may be excepted from these procedures at the discretion of the Director of the Community Development Department" 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 expi- 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 7. The City ClWk shall oertity 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 day of May, 2000, by the following vote: AYES: Bowler, Dunbabin, Edgerton, Oakes, 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 %PPROVED AS b FORM: Michael Jenkins City Attorney 'ER May 18, 2000/HBL-167 • d 0 N • r • 1 2 3 4 5 6 7 8 9 10 12 13 14 • 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 ORDINANCE NO. 00-1200 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REPEALING CHAPTER 8.04 OF TITLE 8 OF THE HERMOSA BEACH MUNICIPAL CODE, ADDING A NEW CHAPTER 8.04 THERETO, AND ADOPTING BY REFERENCE, DIVISION 1 OF TITLE 8 (PUBLIC HEALTH LICENSING) AND DIVISION 1 OF TITLE 11 (HEALTH CODE) OF THE LOS ANGELES COUNTY CODE, TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, AND PENALTIES THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 8.04 of Title 8 of the Hermosa Beach Municipal Code is hereby repealed provided, however, that such repeal shall not affect or excuse any violation thereof occurring prior to the effective date of this Ordinance. SECTION 2. A new Chapter 8.04 is hereby added to Title 8 of the Hermosa Beach Municipal Code to read as follows: "Chapter 8.04 "HEALTH CODE ADOPTED "Sections: 8.04.010 Public Health Licensing Regulations and Health Code adopted. 8.04.020 Copies filed. 8.04.030 Division 1, Title 8 - amendments. 8.04.040 Division 1, Title 11 -amendments. 8.04.050 Civil remedies. 8.04.60 Penalties. "8.04.010 Public Health Licensing Regulations and Health Code adopted. Division 1 of Title 8 (Public Health Licensing) and Division 1 of Title 11 (the Health Code) of the Los Angeles County Code, as the same have been amended and are in effect on March 1, 1998, are �I 2 3 4 5 6 7 8 9 10 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 hereby adopted by reference, subject to the amendments set forth herein, and shall henceforth collectively be known as the Health Code of the City of Hermosa Beach. "8.04.020 Copies filed. A certified copy of Division 1 of Title 8 and Division 1 of Title 11, as adopted in Section 8.04.010, have been deposited with the City Clerk, and shall be at all times maintained by the Clerk for use and examination by the public. "8.04.030 Division 1, Title 8 - amendments. "A. Section 8.04.165 amended. Notwithstanding the provisions of Section 8.04.010 of this Chapter, Section 8.04.165 of Chapter 8.04 of Division 1 of Title 8 of the Los Angeles County Code is hereby amended to read as follows: Section 8.04.165 Food Official Inspection Report. "Food Official Inspection Report" means the written notice prepared and issued by the county health officer after conducting a routine inspection, and/or reinspection in the event a timely request for reinspection has been filed, of a food facility to determine compliance with all applicable federal, state, and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health.' "B. Subsections A and B of Section 8.04.225 amended. Notwithstanding the provisions of Section 8.04.010 of this Chapter, subsections A and B of Section 8.04.225 of Chapter 8.04 of Division 1 of Title 8 of the Los Angeles County Code are hereby amended to read as follows: A. "Grading" means the letter grade issued by the county health officer at the conclusion of the routine inspection, and/or reinspection in the event a timely request for reinspection has been filed, of a food establishment. The grade shall be based upon the scoring method set forth in this section resulting from the Food Official Inspection Report and shall reflect the food establishment's degree of compliance with all applicable federal, state, and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health.' B. "Letter Grade Card" means a card that may be posted by the county health officer at a food establishment upon completion of a routine inspection, and/or reinspection in the -2- LJ 2 3 4 5 6 7 8 9 10 12 13 event a timely request for reinspection has been filed, that indicates the letter grade of the establishment as determined by the county health officer using the scoring method set forth in this section. For the purposes of this provision, a food establishment shall include a food establishment operating in conjunction with a food processing establishment. Upon completion of a routine inspection of a food establishment, the county health officer shall advise the owner or operator thereof, in writing, of the actual grading and basis therefor as determined by the health officer. The Letter Grade Card and/or Inspection Card shall be immediately posted by the health officer and shall remain posted unless and until reinspection is timely requested as provided herein. If reinspection is timely requested, posting shall be immediately suspended pending regrading following the reinspection. Nothing in this Chapter shall prohibit the county health officer from creating and using a Letter Grade Card in combination with an Inspection Score Card. The county health officer, in his discretion, shall determine whether to post the Letter Grade Card, the Inspection Score Card, or 14 both.' • 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 "C. Section 8.04.275 amended. Notwithstanding the provisions of Section 8.04.010 of this Chapter, Section 8.04.275 of Chapter 8.04 of Division 1 of Title 8 of the Los Angeles County Code is hereby amended to read as follows: Section 8.04.275 Inspection Score Card. A. "Inspection Score Card" means a card that may be posted by the county health officer at a food establishment, upon completion of a routine inspection, and/or reinspection in the event a timely request for reinspection has been filed, that indicates the total numerical percentage score for the establishment as determined by the county health officer and as set forth in the Food Official Inspection Report. For the purposes of this provision, a food establishment shall include a food establishment operating in conjunction with a food processing establishment. Upon completion of a routine inspection of a food establishment, the county health officer shall advise the owner or operator thereof in writing of the actual grading and basis therefor as determined by the health officer. The Inspection Score Card and/or Letter Grade Card shall be immediately posted by the health officer and shall remain posted unless and until reinspection is -3- L_J 2 3 4 5 6 7 8 9 10 12 13 is 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 timely requested as provided herein. If reinspection is timely requested, posting shall be immediately suspended pending regrading following the reinspection. Nothing in this Chapter shall prohibit the county health officer from creating and using an Inspection Score Card in combination with a Letter Grade Card. The county health officer, in his discretion, shall determine whether to post the Inspection Score Card, the Letter Grade Card, or both. B. The county health officer, in his discretion, may immediately close any food establishment which, upon completion of the routine inspection or reinspection where applicable, achieves a total numerical percentage score less than seventy percent (70%) as set forth in Section 8.04.225. Nothing in this provision shall prohibit the county health officer from immediately closing any food establishment if, in his discretion, immediate closure is necessary to protect the public health.' "D. Section 8.04.402 added. A new section 8.04.402 is hereby added to Chapter 8.04 of Division 1 of Title 8 to read as follows: 8.04.402 Request for Reinspection. "Request for Reinspection" means a written request, filed with the office of the county health officer or a county health department inspector present on an inspected premises, within three (3) business days of a routine inspection of a food establishment conducted for purposes of preparing a Food Official Inspection Report, Grade Letter Card, and/or Inspection Score Card, therein requesting reinspection of such establishment, which request may not be made more than once in any twelve month period. A written acknowledgment of receipt of the reinspection request shall be provided. The request shall be accompanied by payment of a reinspection fee as established by the Board of Supervisors. Payment of such fee to a health inspector, as permitted herein, may only be made by check or money order, payable to the County of Los Angeles. Reinspection shall be conducted not less than fourteen (14) calendar days following the timely filing of a request for reinspection and shall be limited in scope to those violations and areas and items of noncompliance identified during the prior routine inspection. Following reinspection, a revised Food Official Inspection Report shall be prepared and the establishment -4- LJ 2 3 4 5 6 7 8 9 10 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 shall be regraded based upon the revised Report. The scores obtained with respect to areas and items which were found to be in compliance during the prior routine inspection, combined with scores obtained as a result of the reinspection, shall be the sole basis upon which a Letter Grade Card and/or Inspection Score Card may be prepared and posted following reinspection. A request for reinspection may only be filed by the owner or operator of the food establishment of which such routine inspection was conducted. Said three (3) day period within which to request reinspection shall not commence unless and until posting following a routine inspection has occurred or the owner or operator has otherwise been provided written notice of the actual grading and basis therefor as determined by the county health officer following the routine inspection, whichever occurs first.' "E. Subsections A, C and E of Section 8.04.752 amended. Notwithstanding the provisions of Section 8.04.010 of this Chapter, subsections A, C and E of Section 8.04.752 of Chapter 8.04 of Division 1 of Title 8 of the Los Angeles County Code are hereby amended to read as follows: A. Subject to the provisions of Sections 8.04.225 and 8.04.275 of this Chapter, following a routine inspection, or reinspection if timely requested, the health officer shall post at the inspected food establishment the Letter Grade Card, the Inspection Score Card, or both, as determined by the health officer, so as to be clearly visible to the general public and to patrons entering the establishment. "Clearly visible to the general public and to patrons" shall mean posted in the following order of priority: 1, Posted in the front window of the establishment within five (5) feet of the front door, If such posting is not reasonably possible in the determination of the health officer, then posting shall occur as provided in subsection 2, below, 2. Posted in a display case mounted on the outside front wall of the establishment within five (5) feet of the front door. If such posting is not reasonably possible in the determination of the health officer, then posting shall occur as provided in subsection 3, below. 3. Posted in such location as directed and determined in the discretion of • 28 11 the health officer to ensure the most effective notice to the general public and to patrons.' -5- r--I L—j 2 3 4 5 6 7 8 9 10 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 C. Except as provided in Sections 8.04.225 and 8.04.275 of this Chapter, and subsection A of this Section, neither the Letter Grade Card nor the Inspection Score Card shall be defaced, marred, camouflaged, hidden or removed, and it shall be unlawful to operate a food establishment unless posting of either Card, or both Cards, as determined by the county health officer, has occurred. Unauthorized removal of the Letter Grade Card, the Inspection Score Card, or both, is a violation of this Chapter and may result in the suspension or revocation of the public health permit and shall be punishable as specified in Section 8.04.930.' E. The Food Official Inspection Report upon which the Letter Grade Card, the Inspection Score Card, or both, are based and all subsequent reports issued by the county health officer shall be maintained at the food establishment and shall be available to the general public and to patrons for review upon request. The food establishment shall keep the Food Official Inspection Report and all subsequent reports until such time as the county health officer completes the next routine inspection, or reinspection pursuant to Section 8.04.402, of the establishment and issues a new Food Official Inspection Report.' "F. Section 8.04.755 amended. Notwithstanding the provisions of Section 8.04.010 of this Chapter, Section 8.04.755 of Chapter 8.04 of Division 1 of Title 8 of the Los Angeles County Code is hereby amended to read as follows: Section 8.04.755 Letter Grade Card and Inspection Score Card - Period of Validity. A Letter Grade Card, an Inspection Score Card, or both, shall remain valid until the county health officer completes the next routine inspection, or reinspection pursuant to Section 8.04.402, of the food establishment.' "8.04.040 Division 1, Title 11 - amendments. Notwithstanding the provisions of Section 8.04.010, Section 11.20.020 of Chapter 11.20 of Division 1 of Title 11 is hereby amended to read as follows: 11.20.020 Apartment House. "Apartment House" means any building or portion thereof which is designed, built, rented, leased, let, or hired out to be occupied, or which is occupied, as the home or residence of three (3) or more families living independently of each other and doing their own cooking in said building, and shall include flats and apartments.' -6- • 1 2 3 4 5 6 7 8 9 10 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 "8.04.050 Civil remedies. The violation of any of the provisions of the Chapter, Codes or Regulations hereby adopted shall constitute a nuisance and may be abated by the City through civil j process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances. "8.04.060 Penalties. 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 and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. 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 therefor as provided herein." SECTION 3. Severability, The City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance or the Code or Regulations hereby adopted be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance and the Code and Regulations hereby adopted shall remain in full force and effect. SECTION 4. The City Council does hereby designate the City Attorney to prepare a summary of this ordinance to be published pursuant to Government Code Section 36933 (c) (1) in lieu of the full text of said ordinance. That prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause the summary to be published in the Easy Reader, a weekly newspaper of general circulation, published and circulated in the City of Hermosa Beach. 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 -7- 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 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 May, 2000, by the following vote: AYES: Dunbabin, Edgerton, Oakes, Mayor Reviczky NOES: None ABSENT- None ABSTAIN: Bowler -6' PRESIDENT of thekity Council and N(A)/OR of the City of Hermosa Beach, California ATTEST - City Clerk 8- APPROVED AS TO FORM: Summary of Ordinance No. O®—/aDO An Ordinance of the City of Hermosa Beach Repealing Chapter 8.04 of Title 8 of the Hermosa Beach Municipal Code, Adding a New Chapter 8.04 Thereto, and Adopting By Reference, Division 1 of Title 8 (Public Health Licensing) and Division 1 of Title 11 (Health Code) of the Los Angeles County Code, Together with Certain Amendments, Additions, and Penalties. The proposed ordinance adopts, by reference, Division 1 of Title 8 of the Los Angeles County Code pertaining to Public Health Licensing, and Division 1 of Title 11, the Health Code of the County of Los Angeles. The proposed ordinance amends Division 1 of Title 8 by revising Public Health Licensing regulations applicable to inspections of food establishments, including the preparation of inspection reports, grading of food establishments, posting of grades, and revision of grades following reinspection, when requested. The proposed ordinance also revises the Public Health Licensing provisions of Title 8 of the Los Angeles County Code pertaining to procedures to obtain reinspection of food establishments. The proposed ordinance further amends the County of Los Angeles Public Health Licensing regulations by revising food establishment grade posting requirements and requirements applicable to the maintenance of such grades and inspection reports by the food establishment. Finally, the proposed ordinance establishes penalties for violation and authorizes the abatement of violations by civil action. aoo A certified copy of the entirety of the text of Ordinance No. , is available in the office of the City Clerk, 1315 Valley Drive, Hermosa Beach, California and is available for public inspection at that location. Dated: `j e 0 a --e— A -a-) _ City Clerk, City of Hermosa. Beagi 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. 00-1200 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 day of May, 2000, and a summary of said ordinance was published in the Easy Reader newspaper on May 18, 2000. The vote was as follows: • AYES: Dunbabin, Edgerton, Oakes, Mayor Reviczky NOES: None AB SENT - None ABSTAIN: Bowler DATED: May 18, 2000 City Clerk 0 0 • 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 - "it: May 18, 2000 All in the year 2000 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, This 25th day of May, 2000 �WA (_/ /;alrs Signature EASY READER, INC. P.O. BOX 427 832 HERMOSA AVENUE HERMOSA BEACH, CA 90254 Telephone: (310) 372-4611 Proof of Publication of - CITY OF HERMOSA BEACH IouI: .: o o a D CITY OF HERMOSA BEACH SUMMARY OF ORDINANCE NO. 00-1200 As prepared by City Attorney Michael Jenkins AN ORDINANCE OF THE CITY OF HERMOSA BEACH REPEALING CHAPTER 8.04 OFTITLE 8OFTHE HERMOSA BEACH MUNICIPAL CODE, ADDING A NEW CHAPTER 8.04 THERETO, AND ADOPT- ING BY REFERENCE, DIVI- SION 1 OF TITLE 8 (PUBLIC HEALTH LICENSING) AND DIVISION 1 OF TITLE 11 (HEALTH CODE) OF THE LOS ANGELES COUNTY CODE, TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, AND PENALTIES. The purposed ordinance adopts, by reference, Division 1 of Title8 of the Los Angeles County Code pertaining to Public Health Licensing, and Division'1 of Title 11, the Health Code of the County of Los. Angeles. The proposed ordi- nance amends Division 1 of the Title 8 by revising Public Health Licensing regulations applicable to inspections of food establish- ments, including the preparation of inspection reports, grading of food establishments,` posting of grades, and revision of grades following reinspection, when requested.. The proposed ordi- nance also revises the Public Health Licensing provisions of Title 8 of the Los Angeles County Code pertaining to pro- cedures to obtain reinspection of food establishments. The pro- posedordinance further amends the County of Los Angeles Public Health Licensing regulations by revising food establishment grade posting requirements and requirements applicable to the maintenance of such grades and inspection reports by the food establish- ment. Finally, the proposed' ordi- nance establishes penalties for violation and authorizes the abatement of violations by civil action. A certified copy of the entire- ty of the text of Ordinance No. 00.1200 is available in the office of the City Clerk, 1315 Valley Drive, Hermosa Beach, California and is available for public inspection at that -loca- tion. Dated: 59 00 Elaine Doerfling City Clerk, City of -Hermosa -Beach ER May 18, 2000/HBL-168 r� ORDINANCE 00-1201 • IS IN LIMBO JULY 81 2004 • A W Terri Dinubilo • From: Jackie Drasco Sent: Wednesday, July 07, 2004 5:56 PM To: Ken Robertson Cc: Elaine Doerfling; Terri Dinubilo Subject: RE: Ordinance from 2000 Thanks, Ken. Jackie -Original Message- -- From: Ken Robertson Sent: Wednesday, July 07, 2004 5:11 PM To: Jackie Drasco Subject: RE: Ordinance from 2000 Page 1 of 1 -12e1 Final review and approval by Coastal Commission is still pending -- indefinitely. We are currently at an impasse with the Coastal Commission staff over several of the issues involved, and when and if it will ever go back for Commission approval is in limbo land. -Original Message - From: Jackie Drasco Sent: Wednesday, July 07, 2004 4:22 PM • To: Ken Robertson Cc: Elaine Doerfling; Terri Dinubilo Subject: Ordinance from 2000 • 7/8/2004 Ken Ordinance No. 00-1201 was introduced at the council meeting on May 9, 2000. There is a note in our ordinance log that it needed to go to the Coastal Commission and we show no date of adoption. Can you provide information that we can place in our log as to what happened. Was it denied by the Coastal Commission or was there some other reason it was not adopted? Here is the title: AMEND MUNICIPAL CODE AND ZONING ORDINANCE TO ADOPT AN INPLEMENTATION ORDINANCE FOR LOCAL COASTAL PROGRAM, ESTABLISH COASTAL DEVELOPMENT OVERLAY ZONE AND OTHER TEXT AMENDMENTS Thanks, Jackie 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 16 28 ORDINANCE NO. 00-1202 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 3.12.140 OF THE MUNICIPAL CODE TO EXEMPT COMPUTERS AND PERIPHERAL EQUIPMENT FROM THE FORMAL BIDDING PROCESS THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 3.12.140 of Title 3, Chapter 3.12 of the Hermosa Beach Municipal code is amended by adding a new paragraph D to read as follows: D. Computers and peripheral equipment. 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 the City, and shall make minutes of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 11th day of July, 2000, by the following vote: AYES: Bowler, Dunbabin, Oakes, Mayor Reviczky NOES: None ABSTAIN: None ABSENT- Edverton PRESIDENT of the dix Council A'rfEST-- CITY CLERK or of the City of Hermosa Beach, California APP OV . D AS)) O ORM: CITY ATTORNEY • ,7 C] STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF HERMOSA BEACH I, Naoma Valdes, Deputy City Clerk of the City of Hermosa Beach, California, do hereby certify that the foregoing Ordinance No. 00-1202 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 day of July, 2000, and was published in the Easy Reader newspaper on July 20, 2000. The vote was as follows: AYES: Bowler, Dunbabin, Oakes, Mayor Reviczky NOES: None ABSENT- Edgerton ABSTAIN: None DATED: July 28, 2000 ik LLTGZG. �� Deputy City Clerk I • 2 3 4 5 6 7 8 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 0 28 ORDINANCE NO. 00-1203 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO ESTABLISH A PUBLIC WORKS COMMISSION AND AMENDING THE MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Title 2 of the Hermosa Beach Municipal Code is amended by adding a new Chapter 2.80 to read: Chapter 2.80 Public Works Commission Section 2.80.010 Created --Composition. A public works commission is created, which shall consist of five members. The members shall be qualified electors of the city appointed by the city council. Section 2.80.020 Terms of members --Vacancies. The members of the public works commission shall be appointed for a term of four years. If a vacancy shall occur otherwise than by expiration of term, it shall be filled by appointments by the city council for the unexpired portion of the term. Appointments shall be made pursuant to Government Code Section 54970 et seq. Members serve at the pleasure of the city council and may be removed, without cause, by a majority vote of the city council. Upon an expiration of term, vacancy or resignation, said member of the commission may continue to serve until a successor is appointed and qualified. Where the city council votes to remove a member of the commission, the city council shall determine the effective date of said removal. Two absences from regularly scheduled meetings of any member within one calendar quarter, and/or four absences from regular meetings within one calendar year creates an automatic vacancy. There shall be no distinction between excused or unexcused absences. When an automatic vacancy occurs, the staff liaison shall promptly notify the city council, the commission, and the member. The automatic vacancy shall not be effective until council receives notice and I • 2 3 4 5 6 7 s 9 10 11 12 13 14 16 17 1s 19 20 21 22 23 24 25 26 27 Is 28 fails to waive application of this section. The city council may waive application of the automatic vacancy upon its own motion; otherwise, the vacancy so created shall be filled pursuant to the above sections. Section 2.80.030 Powers and duties. The public works commission shall review and make recommendations to the city council on all capital improvement projects, assist in the development and updating of design guidelines for city public improvements and other matters referred to the commission by 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 the City, and shall make minutes of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 11th day of July, 2000, by the following vote: AYES: Bowler, Dunbabin, Oakes, Mayor Reviczky NOES: None ABSTAIN: None ABSENT- Edgerton PRESIDENT of the v Council ATTEST• 4�L•, i CITY CLERK 1�1 V -2- of the City of Hermosa Beach, California OVED ASkTO FORM: CITY A J C. • STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF HERMOSA BEACH I, Naoma Valdes, Deputy City Clerk of the City of Hermosa Beach, California, do hereby certify that the foregoing Ordinance No. 00-1203 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 day of July, 2000, and was published in the Easy Reader newspaper on July 20, 2000. The vote was as follows: AYES: Bowler, Dunbabin, Oakes, Mayor Reviczky NOES: None ABSENT- Edgerton ABSTAIN: None DATED: July 28, 2000 Ct i U . iC .1��11� Deputy City Clerk w1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 00-1205 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING ORDINANCE TO CLARIFY THE DEFINITION OF LOT COVERAGE The City Council of the City of Hermosa Beach does hereby resolve and ordain as follows: SECTION 1. The City Council held a duly noticed public hearing on August 8, and September 12, 2000, to consider the recommendation of the Planning Commission to amend the Zoning Ordinance to amend and clarify the definition of "lot coverage." SECTION 2. The Planning Commission held a duly noticed public hearing on February 15, 2000, and recommended amending the Zoning Ordinance to amend and clarify the definition of "lot coverage." SECTION 3. Based on the evidence considered at the public hearing, and the record of the decision of the Planning Commission, the City Council makes the following finding: 1. The definition of lot coverage is somewhat ambiguous, allowing for differing perceptions of "footprint of the building" and "grade," which leads to different conclusions as to what part of the building and accessory structures are considered in the maximum lot coverage. SECTION 4. Based on the foregoing, the City Council hereby ordains that the Hermosa Beach Municipal Code, Title 17 -Zoning, be amended as follows: 1. Amend the definition of "lot coverage" as contained in Section 17.04.040 to read as follows: "Lot coverage" means: 1) that portion of a lot covered by the area within the foundation of the main building and all accessory buildings and structures, 2) the area covered by cantilevers projecting from a building, and 3) the area covered by decks and stairs more than thirty (30) inches above grade as that term is defined in Section. 17.04.040. The following shall not be included when calculating lot coverage: 1) the area covered by architectural projections, eaves, and • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 unenclosed balconies (i.e. balconies open on at least two sides and which may be under another balcony) that project five (5) feet or less from the face of a building, 2) non-structural stairs, patios, walkways, and planters which establish finished grade and 3) fences and walls." 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 26th day of September, 2000, by the following vote: AYES: Bowler, Edgerton, Oakes, Mayor Reviczky NOES: Dunbabin ABSTAIN: None ABSENT- None PRESIDENT of ATTEST - Council and A % ..,CITY CLERK 7M YOR of the City of Hermosa Beach, California -2- VED AS ATO FORM: A' STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF HERMOSA BEACH I, Naoma Valdes, Deputy City Clerk of the City of Hermosa Beach, California, do hereby certify that the foregoing Ordinance No. 00-1205 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 day of September, 2000, and was published in the Easy Reader newspaper on October 5, 2000. The vote was as follows: • AYES: Bowler, Edgerton, Oakes, Mayor Reviczky NOES: Dunbabin ABSTAIN: None DATED: October 12, 2000 Deputy City Clerk • C� • • 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: October 5 All in the year 2000 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, This 5th day of October, 2000 vwz_,Ml� - Signature EASY READER, INC. P.O. BOX 427 832 HERMOSA AVENUE HERMOSA BEACH, CA 90254 Telephone: (310) 372-4611 Proof of Publication of: CITY OF HERMOSA BEACH HBL 183 Ordinance No. 00-1205 AN ORDINANCE OFTHE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING ORDINANCE TO CLARIFY THE DEFINITION OF LOT COVERAGE The City Council of the City of Hermosa Beach does here- by resolve and order as fol- lows: SECTION 1. The City Council held a duly noticed public hearing on August 8, and September 12, 2000, to consider the recommendation of the Planning Commission to amend the Zoning Ordinance to amend and clarify the defin- ition of "lot coverage" SECTION 2. The Planning Commission held a duly noticed public hearing on February 15, 2000, and rec- ommended amending the Zoning Ordinance to amend and clarify the definition of "lot coverage." SECTION 3. Based on the evidence considered at the public hearing, and the record of the decision of the Planning Commission, the City Council makes the following finding: 1. The.. definition of lot coverage is somewhat ambiguous, allowing for differ- ing perceptions of "footprint of the building' and "grade;' which leads to different conclu- sions as to what part of the building and accessory struc- tures are considered in the maximum lot coverage. SECTION 4. Based on the foregoing, the City Council hereby ordains that the Hermosa Beach Municipal Code, Title 17 -Zoning, be amended as follows: 1. Amend the defini- tion of "lot coverage" as con- tained in Section 17.04.040 to read as follows: "Lot coverage" means: 1) that portion of a lot covered by the area within -the foundation of the main building and all accessory buildings and struc- tures, 2) the area covered by cantilevers projecting from a building, and 3) the area cov- ered by decks and stairs more than thirty (30) inches above grade as that term is defined in Section. 17.04.040. The follow- ing shall not be included when calculating lot coverage: 1) the area covered by architectural projections, eaves, and unen- closed balconies (i.e. bal- conies open on at least two sides and which may be under another balcony) that project five (5) feet or less from the face of a building, 2) non-struc- tural stairs, patios, walkways, and planters which establish finished grade and 3) fences and walls" 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 26th day of September, 2000, by the fol- lowing vote: AYES: Bowler, Edgerton, Oakes, Mayor Reviczky NOES: Dunbabin ABSTAIN: None ABSENT: None J.R.Reviczky PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: Elaine Doerfling_ CITY ATTORNEY APPROVED AS TO FORM: Michael Jenkins CITY CLERK ER October 5, 2000/ HBL 183 r� • 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I ORDINANCE NO. 00-1206 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. The City Council of the City of Hermosa Beach does hereby ordain as follows: SECTION 1. That an amendment to the contract between the City Council of the City of Hermosa Beach and the Board of Administration of the California Public Employees' Retirement System is hereby authorized. A copy of said amendment is hereby attached marked Exhibit A, and by such reference is made a part of this ordinance as though herein set out in full. SECTION 2. The President of the City Council and Mayor of the City of Hermosa Beach is hereby authorized, empowered and directed to execute said amendment for and on behalf of the City of Hermosa Beach. 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 -1- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 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 day of October, 2000, by the following vote: AYES: Bowler, Dunbabin, Edgerton, Oakes, Mayor Reviczky NOES: None ABSTAIN: None ABSENT- None PRESIDENT of the ATTEST- -2- of the City of Hermosa Beach, California APPROVED AS TO FORM: CITY ATTOR 0EXHIBI T "A" "1014, � CaIPU6 0 California Public Employees' Retirement System 4* AMENIT-"J'IMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of Hermosa Beach The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective July 1, 1952, and witnessed June 24, 1952, and as amended effective December 1, 1956, August 1, 1962, October 1, 1964, June 1, 1979, April 1, 1980, October 1, 1981, .February 1, 1983, January 1, 1986, April 14, 1993, September 10, 1993 and February 12, 1994 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective February 12, 1994, and hereby replaced by the following paragraphs numbered 1 through 13 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have. the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members and, 50 for local police • members, and age 55 for local fire members. a • 2. Public Agency shall participate in the Public Employees' Retirement System from and after July 1, 1952 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement 'Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); C. Employees other than local safety members (herein referred to as local miscellaneous members). 4. In addition to the classes of employees excluded from membership by said RetirementI Law, the following classes of employees shall not become members of said Retirement System: • a. SCHOOL CROSSING GUARDS HIRED ON OR AFTER DECEMBER 1,,1956; AND b. PERSONS COMPENSATED ON AN HOURLY BASIS EMPLOYED ON OR AFTER OCTOBER 1, 1964. 5. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member shall be determined in accordance with Section 21354 of said Retirement Law (2;% at age 55 Full). 6. The percentage of final compensation to be provided for each year of credited prior and current service as a local police member shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full). The required employee contribution rate is 9% of reportable compensation. 7. The percentage of final compensation to be provided for each. year of credited prior and current service as a local fire member shall be determined in accordance with Section 21363.1 of said Retirement Law (3% at age 55). The required employee' contribution rate is 9% of reportable compensation. • 8. Public Agency elected and elects to be subject to the following optional 9 Y J 9 'provisions: a. Section 21573 (Third Level of 1959 Survivor Benefits). • b. Sections 21624, 21626 and 21628 (Post -Retirement Survivor Allowance) for local safety members only. C. Section 21024 (Military Service Credit as Public Service), Statutes of 1976: d. Section 20042 (One -Year -Final Compensation). 9. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on April 1, 1980. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834. 10. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members .and local safety members of said Retirement System. 11 Public Agency shall also contribute to said Retirement System as follows: 0a. Contributions required per covered member on -account of the 1959 Survivor Benefits provided. under Section 21573 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members and local safety members. b. A reasonable amount, as fixed by the Board, payable . in one installment within 60 days of date of contract to cover the costs of administering said System as it. affects the, employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. C. A reasonable .amount, 'as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 12. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and • valuation required by said Retirement Law. • • • 13. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM BY. KENNETH W. MARZION, CHIEF ACTUARIAL & EMPLOYER SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM AMENDMENT " PERS-CON-702A (Rev. 8196) 1st day of January , 2001 CITY COUNCIL CITY OF HERMOSA BEACH PRESIDING OFFICER Witness Date Attest: Clerk CALIFORNIA PUBLIC r-MPLOYEES' RETIREMENT SYS) —,vl Actuarial and Employer Services Division Public Agency Contract Services • P.O. Box 942709 Sacramento, CA 94229-27.09 (916) 326-3420 CERTIFICATION OF FINAL ACTION OF GOVERNING BODY I hereby certify that the of the (governing body) (public agency) adopted on• , by an affirmative vote of a majority (date) of the members of said Governing Body, (Ordinance or Resolution) No. approving the attached contractual agreement between the Governing Body of said Agency and the Board of Administration of the California Public Employees' Retirement System, a certified copy of said (Ordinance or Resolution) in the form furnished by said Board of Administration being attached hereto. Clerk/Secretary Title • Date PERS-CON-5 (Rev. 1/96) STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF HERMOSA BEACH I, Naoma Valdes, Deputy City Clerk of the City of Hermosa Beach, California, do hereby certify that the foregoing Ordinance No. 00-1206 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 day of October, 2000, and was published in the Easy Reader newspaper on November 2, 2000. The vote was as follows: AYES: Bowler, Dunbabin, Edgerton, Oakes, Mayor Reviczky NOES: None ABSENT: None ABSTAIN: None DATED: November 8, 2000 Deputy City Clerk 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: November 9 All in the year 2000 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, This 9`t' day of November, 2000 Signature EASY READER, INC. P.O. BOX 427 832 HERMOSA AVENUE HERMOSA BEACH, CA 90254 Telephone: (310) 372-4611 F9 L_J Proof of Publication of: CITY OF HERMOSA BEACH Ordinance # 00-1206 �s o r ORDINANCE NO. 00-1206 AN ORDINANCE OFTHE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING AN AMENDMENT -TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. The City Council of the City of Hermosa Beach does here- by ordain as follows: SECTION 1. That an amendment to the contract i between the City Council of the City of Hermosa Beach and the Board of Administration of the California Public Employees' Retirement System is hereby authorized. A copy of said amendment is hereby attached marked Exhibit A, and by such refer - encs is made a part of this ordinance as though 'herein set out in full. SECTION 2. The President of the City Council and Mayor of the City of Hermosa Beach is hereby authorized, empow- ered and directed to execute said amendment for and on behalf of the City of Hermosa Beach. i 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 ciroulsled, in the City of Hermosa Beech i 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 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 day of October, 2000, by the following vote: AYES: Bowler, Dunbabin, Edgerton, Oakes, Mayor Reviczky NOES: None ABSTAIN: None ABSENT: 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 November 9; 2000/ HBL 186 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 ORDINANCE NO. 00-1207 AN ORDINANCE OF CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING ORDINANCE OPEN SPACE REQUIREMENTS IN THE R-2, R-213, AND R-3 ZONES AND GUEST PARKING REQUIREMENT FOR MULTI -FAMILY USES The City Council of the City of Hermosa Beach does hereby resolve and ordain as follows: SECTION 1. The City Council held duly noticed public hearings on February 29, May 2, and September 26, 2000, to consider amendments to the Zoning Ordinance regarding residential open space requirements and guest parking requirements as recommended by the Planning Commission, at which testimony and evidence, both written and oral, was presented to and considered by the Council. SECTION 2. The Planning Commission held a duly noticed public hearing on November 16, 1999, and December 1, 1999, to consider amendments to the Zoning Ordinance regarding residential open space requirements and parking requirements, at which testimony and evidence, both written and oral, was presented to and considered by the Commission. At the December 1, 1999 meeting the Commission recommended changes to open space requirements in R-2, R -2B and R-3 zones, and to residential guest parking requirements. SECTION 3. Based on the evidence considered at the public hearings, the City Council makes the following findings: 1. The current practice of providing a substantial portion or all the required open space on roof decks reduces the effectiveness of the open space requirement and its primary intent to provide easily accessible and usable open space as a basic amenity. It also defeats another purpose of the open space requirement purpose to break up the bulk of buildings and provide articulation. 2. The current difference in open space standards between condominiums and other projects in R-2, R -2B and R-3 zones unnecessarily complicates the Zoning Ordinance, and unfairly requires a lesser standard for projects that are not condominiums. me 2 3 4 5 6 7 8 9 10 11 12 13 14 • 15 • 16 17 18 19 20 21 22 23 24 25 26 27 28 3. The proposed amendment to limit the amount of open space that can be provided on roof decks to 100 square feet, will mean at least 200 square feet of open space will be provided on other decks or at grade for all projects in the R-2, R -2B and R-3 zones. 4. The current requirement for guest parking for every two dwelling units in the multi- family zone needs to explicitly require that the guest parking shared between units must be open and accessible to guests of both units, to prevent the use of tandem parking -as shared guest parking spaces. 5. 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 subject text amendment will result in a less than significant impact on the environment, and therefore qualifies for a Negative Declaration. SECTION 4. Based on the foregoing, the City Council hereby ordains that the Hermosa Beach Municipal Code, Title 17 -Zoning, be amended as follows: 1. Amend Sections 17.12.080, 17.14.080, and 17,16.080 pertaining to open space requirement in the R-2, R -2B and R-3 residential zones, as follows: "USABLE OPEN SPACE. There shall be a minimum of two three hundred 900) (300) square feet of usable. open space provided for each --per- dwelling unit. A. Fifty (50) pert One hundred (100) square feet of the required open space shall be directly accessible to and at the same floor level of the primary livingarea of each uniteeiii. B. Private and ^^'"'men Each qualifying open space area may be covered up to fifty (50) percent, but shall not be enclosed on more than two sides by building walls or guardrails greater than forty-two inches in height. C. The minimum dimension of open space areas shall be seven feet by seven feet (7'X 7'). D. Common Open space areas may include pools, spas, gardens, play equipment, in of twenty (20) foot w decks over non -living -2- 2 3 4 5 6 7 8 9 10 11 12 13 14 • 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 area, and decks over living areas of the same dwelling unit but shall not include driveways, turning areas, parking areas, and required front, rear, and side yard areas. > gar- eFea&, also baleenies and ilnnlrn ever- r,or, living nrvne ter_ ever- living nrnn&--OI dwelling unit when aeoessible through the ier- of e dwelling unit and 4nter- er n E. Roof Decks. A maximum of one hundred (100) square feet of required open space may be provided on a roof deck, with minimum dimension of seven by seven feet (Tx 7'). For the purposes of this section, "roof deck" is defined as the walkable or otherwise usable open space area located above the roof framing of building, the access to which is from the floors below. F. D oForto Chapter- GF. When computing open space in conjunction with yard areas, only an area which exceeds the minimum required yard area may be counted toward open space and only if the overall dimension of the required setback and the exceeding area together has a dimension of at least seven feet in width and length. SIG. Circular, triangular, odd, and/or unusual shaped open space areas shall have a minimum of forty-nine (49) square feet in area as well as minimum seven -foot dimensions. III. Decks, balconies or similar areas which extend over more than one dwelling unit shall have a minimum S.T.C. rating of 58. I. Each development of five or more units shall provide one hundred (100) square feet of common open space area or facility per unit in addition to required open space. The common open space area may include play area, pool, spa, recreation room, gym, garden and similar amenities for the common use of all owners, but shall not include driveways, turning areas, parking areas, and required front, rear and side yard areas." 2. Section 17.22.060, eliminate sub -section (E.) pertaining to recreation space -3- 2 3 4 5 6 7 8 9 10 11 12 13 14 0 15 16 17 18 19 20 21 22 23 24 25 26 27 1-0 28 requirement for condominiums, as follows, and re -letter the ensuing sub -sections: E. Resreatien Spaee: I PrivateEaeh unit. shall pra"aee-fey-a-speE;f:^d unit, ; diene-epeaceeged�mg zecreacivA Si3aEe-5��� �it'ene eiS61�-leSS-tiai3-Seem feet; the spaee maybe p eent. SuGh F-equif:ed- „Yale may ielude -e-patio, pool, spa, bale ny and ^ deek area Overg-afeas of:living-areas i4 whe aGeessible t f:eugh the in ier of the dAeffiflunit tt'"ever- enly4he-rt2Th`Cf „ ;•L[iIIt. fefwi'isIft - iweFief 2. Common. Eaehdevelopment of fiveor-fner-e ,,de i*iufn u its pfe-vide one hull a«o asquare eermnen esreatie area or- €aeih "er- u eemme open s aee an c de playarea, pa ,-spa, f:eereatien room, , garden-- and --similar- amenities fef: tuse of allower-s but shall of inelu a d --i ays, tumin af:eas, par- ig-area-,an-require&fient, f'earand si e yar-d areas. When eemputing reatie -spa iefien ens, A ly-m af'ea whie-exeeedsum Fequifed-yar-d area may be eounte •^war-, « eat spaee and only if the over-all ,t;,,;ensisi.Of th.-- required setbaek an the-exeeedi�g area -tegetl}e« has ., dimension „f at least seven foo. ; .,,44exgth-. ulaf, odd, and�ef: unusual shaped f:eef:eation spaee shall have mi*ifnufn of fibfty nine ll --as iniifnum-seven-deet dimei3sien� Deeks, bale eh extendever-more oneu& shall ae-a-miffiffim- . 3. Amend Section 17.44.090 pertaining to location of off-street parking spaces to add sub- section (G.) as follows: -4- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 "G. Required guest parking spaces for duplex, two-family or multiple family residential uses that are shared between units shall not be located in tandem and shall be open and accessible to guests of all the units." 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 24th day of October, 2000, by the following vote: AYES: Bowler, Dunbabin, Edgerton, Mayor Reviczky NOES: None ABSTAIN: Oakes ABSENT: None ATTEST CITY CLERK the City I nd MAYOR of the City of Hermosa Beach, California -5- APPROVED ASUO FORM • STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF HERMOSA BEACH I, Naoma Valdes, Deputy City Clerk of the City of Hermosa Beach, California, do hereby certify that the foregoing Ordinance No. 00-1207 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 day of October, 2000, and was published in the Easy Reader newspaper on November 2, 2000. The vote was as follows: AYES: Bowler, Dunbabin, Edgerton, Mayor Reviczky NOES: None ABSENT: None ABSTAIN: Oakes DATED: November 8, 2000 Deputy City Clerk • • C] 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: November 9 All in the year 2000 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, This 9th day of November, 2000 n� P 41 TJ Signature EASY READER, INC. P.O. BOX 427 832 HERMOSA AVENUE HERMOSA BEACH, CA 90254 Telephone: (310) 372-4611 Proof of Publication of: CITY OF HERMOS HBL- 187 Ordinance # 00-1207 0 l ORDINANCE NO. 00-1207 )2ussieW JVAi}oyV unll.ztdS. I.xatl}ow 3olo.i1sV 'IJEW 1IJIdS AN ORDINANCE OF CITY OF HERMOSA BEACH, CALIFORNIA,TO AMEND THE ZONING ORDINANCE F OPEN SPACE REQUIREMENTS IN THE M R2 BEACH sIH� Irak L MI-ZLE-0 LE •9llelap azoul zo; aAtle;uasaadai pu leo .inod IleD 'ul0i aagutanoN sI autlpr;a( •apmD 4?D s,aapeag dseg aqj ui Mou ao ds pe inoS aA.19P JNISIM30�GY AVU110H R -2B, AND R-3 AA T (► ZONES AND GUEST `l S V 119 'b- Z L £ - 01 £ PARKING REQUIREMENT FOR MULTI -FAMILY USES 1 The City Council of thegy of Hermosa Beach does he by resolve and ordain as Ip1- lows: '_ V SECTION 1. The City Council held duly noticed pub- lic hearings on February 29, May 2, and September 26, 2000, to consider amend- ments to the Zoning Ordinance regarding residen- tial open space requirements and guest parking require- ments as recommended by the Planning Commission, at which testimony and evidence, both written and oral, was pre- sented to and considered by the Council. SECTIONS The Planning Commission held a duly noticed public hearing on November 16, 1999, and December 1, 1999, to consider amendments to the Zoning Ordinance regarding residen- tial open space requirements and parking requirements, at which testimony and evidence, both written and oral, was pre- sented to and considered by the Commission. At the December 1, 1999 meeting the Commission recommend- ed changes to open space requirements in R-2, R-213 and R-3 zones, and to residential guest parking requirements. SECTION 3 Based on the evidence considered at the public hearings, the City, i1aae � oaiii Japuag Asea tet- B. Pr4wmEach Qualifying open space lse" rea may be covered up to fifty (50) percent, but shall not be enclosed on more than twosides by building walls 4AE guardrails greater than fogy- ger -'i%q Wo inches in height , 815889 W $146 SQ C. The minimum dimen- _ sion of open space areas shall be seven feet by seven feeta" eRmF (7'X 7' . thete—ie- D. Gemmew Open space asesee. areas may include pools, 2- go 4W,,. spas, gardens, play equipFABRil 0$ 'S BF MG - ment, ekweRty (29) feeEwide} decks kwRelFeel 09) aqua over non -living area, and seAwne decks over living areas of the same dwelling unit but shall not include driveways, turning areas, parking areas, and T4E 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: November 9 All in the year 2000 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, This 9kh day of November, 2000 JSignature EASY READER, INC. P.O. BOX 427 832 HERMOSA AVENUE HERMOSA BEACH, CA 90254 Telephone: (310) 372-4611 • Council makes the following findings: 1. The current practice of pro- viding The City Council of the City 1. Amend Sections 17.12.080, of Hermosa Beach does here- 17.14.080, and 17.16.080 per - by resolve and ordain as fol- a substantial portion or lows: all the required open space on roof decks reduces the effec- SECTION 1. The City tiveness of the- open space Council held duly noticed pub- requirement and its primary lic hearings on February 29, intent to provide ea§ily acces- May 2, and September 26, sible and usable open space 2000, to consider amend- as a basic amenity. It also ments to the Zoning defeats another purpose of the ' open space requirement pur- tial open space requirements pose to break up the bulk of and guest parking require- buildings and provide articula- ments as recommended by the tion. Proof of Publicatl( 2. The current difference in the same floor level of the ori - open space standards mare living area of each unit between condominiums and other projects in R-2, R-213and CITY OF HE sented to and considered by R-3 zones unnecessarily com- the Council plicates the Zoning Ordinance, i SECTION 2. The Planning and unfairly requires a lesser Commission held a duly standard for projects that are noticed public hearing on not condominiums. HBL- 187 3. The proposed amendment December 1, 1999, to consider to limit the amount of open amendments to the Zoning space that can be provided on Ordinance regarding residen- root decks to 100 square feet, Ordinance # OG will mean at least 200 square and parking requirements, at feet of open space will be pro- which testimony and evidence, vided on other decks or at both written and oral, was pre- grade fol all projects in the R- sented to and considered by 2, R-28 and R-3 zones. ` the Commission. At the 4. The current requirement December 1, 1999 meeting for guest parking for every two the Commission recommend- dwelling units in the multi -fam- ed changes to open space ily zone needs to explicitly _ require that the guest parking R-3 zones, and to residential shared between units must be guest parking requirements. open and accessible to guests r`" "�•� of both units, to prevent the o not include driveways, turning m use of tandem parking as shared guest parking spaces. 5. The City Council concurs with the Planning Commission and the Staff Environmental ORDINANCE Review Committee's recom- NO. 00-1207 mendation, based on their environmental assessmentfini- AN ORDINANCE OF CITY tial study, that this subject text OF HERMOSA BEACH, amendment will result in a less CALIFORNIA, TO AMEND than significant impact on the environment, and therefore THE ZONING ORDINANCE qualifies for a Negative OPEN SPACE Declaration. .REQUIREMENTS IN THE SECTION 4. Based on the R-2, R-28, AND R-3 foregoing, the City Council ZONES AND GUEST hereby ordains that the PARKING REQUIREMENT Hermosa Beach Municipal FOR MULTI -FAMILY USES Code, Title 17 -Zoning, be amended as follows: The City Council of the City 1. Amend Sections 17.12.080, of Hermosa Beach does here- 17.14.080, and 17.16.080 per - by resolve and ordain as fol- taining to open space require - lows: ment in the R-2, R-213 and R-3 residential zones, as follows: SECTION 1. The City "USABLE OPEN SPACE. Council held duly noticed pub- There shall be a minimum of lic hearings on February 29, hve fele.@ hundred (269) (M May 2, and September 26, square feet of usable open 2000, to consider amend- space provided for each V" ments to the Zoning dwelling unit. Ordinance regarding residen- A. F0y46-0) peFeeRil QM tial open space requirements hundryd (1001 square feet of and guest parking require- the required open space shall ments as recommended by the be directly accessible to &Gd_ l Planning Commission, at the same floor level of the ori - 'which testimony and evidence, mare living area of each unit both written and oral, was pre- and solely lap p"s sRjey sented to and considered by meRI eAd woes a-speeified the Council .by unit - i SECTION 2. The Planning B. Commission held a duly Each q alu iWng open space noticed public hearing on area may be covered up to fifty November 16, 1999, and (50) percent, but shall not be December 1, 1999, to consider enclosed on more than two amendments to the Zoning sides ''hy building walls or Ordinance regarding residen- guardrails greater than forty - tial open space requirements two inches in height. and parking requirements, at C. The minimum dimen- which testimony and evidence, sion of open space areas shall both written and oral, was pre- be seven feet by seven feet' sented to and considered by (TX 71 ` the Commission. At the D. Gommen Open space December 1, 1999 meeting areas may include pools, the Commission recommend- spas, gardens, play equip - ed changes to open space ment, requirements in R-2, R-28 and ei4weny{99) feel vide) r decks R-3 zones, and to residential over non -living area, Ed guest parking requirements. decks over living areas of the SECTION 3. Based on the same dwelling unit but shall evidence considered at the not include driveways, turning public hearings, the City • areas, parking areas, and required front, rear, and side yard areas. E_ p:;velle speA-@page 1 , ereesi--ale e--balgaMeiii avid d88114 8-08F MOR 14VOR9 0688 OF e10er-100iri9-gre•e ef-tke-eaaae gil)le kiRitimel Rl 6" 8@8888. Root € Roof Decks. A max- imum of one hundred (100) square feet of required open space may be provided on a roof deck, with minimum dimension of seven by seven feet (7'x 71. For the pur ses of this section. "roof deck" is defined as the walkable or oth- erwise usable open space area located above the roof framing of building, the only access to which is from the floors below. ♦_ —moi@ 6k@pte 12 10F9111dIN@R&I FSR 4011MM"4; @@Rd@rR«lilsiR@. 6E. When computing open space in conjunction with yard areas, only an area which exceeds the minimum required yard area may be counted toward open space and only if the overall dimension of the required setback and the. exceeding area together has a dimension -.of at least seven feet in widtivand length. W.G. Circular, triangular; odd, and/or -unusual shaped 'open space arAM #hall have a mini- mum of fWnine (49) square feet in area as wets as mini- mum seven -foot dimensions. 11h. Docks, balconies or similar _ *Och extend over =en one dwelling unit shall have a minimum S.T.C. rating of 58. I. Each development of five or more units shall provide one hundred 1100) square feet of common open space area or fa'. - 'pen in addition to squired oRen space. The common open space area may include play area, pool. spa, recreation room, gym. aanSle)! wd similar amenities for the canmon use of all own- ers, but shall not include drive- wea turning areas. parking arm ieulred front. rear and 9& yard areas" 2.. Setaion 17.22.060, elimi- nate sub -section (E.) pertain- ing to recreatipn space requirement for condomini- ums, as follows, and te-letter the ensuing sub -sections: 4 PFKVW will ohm have- *11 low! -•Re-.kYndFall fegrtired ed eR1y�f..ik@-@M@retidirirgFlef@R�i eHeaeAiRyaFee teget♦ter-pass atie►epeeeehall kava-a-FRini- FAWFJ 64e8Flly-Rig9 (49) SgW8Fg ne- mita+ the-iRterieF�ai.YlaJwelliRg++r+ii • 411111111,1111 1 merA @0 Am OF minfwn all 691011iWaft-*OWNWOR 111111411116 OF and ppWaile *he-eempw W. 3. Amend Section 17.44.090 pertaining to location of off- street parking spaces to add sub -section (G.) as follows. "G. Required guest parking spaces for duplex, two-family or multiple family residential uses that are shared between units shall not be located in tandem and shall be open and accessi- ble to guests of all the units" 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 >44 paper of general circulation published and circu. lated, in the City of Hermosa Beach in the manner pro 1 vided by law. SECTION 7. The City Clerk shalt 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 proceedings of. the City Council at which the same is passed and adopted. .PASSED, APPROVED and ADOPTED this 24th day of October, 2000, by the -following vote: -AYES: Bowler, Dunbabin; 4 Edgerton, Oakes, Mayor Reviczky `NOES: None ABSTAIN: None ABSENT None_. lI J.R Reviczkv + PRESIDENT of the City Council and MAYOR of the City t of Hermosa Beach, California i i Attest' Elaine Doerfling CITY CLERK ` Approved as to Form: Michael Jenkins CITY ATTOR- NEY ER November 9, 2000/ HBL 187 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 ORDINANCE NO. 00-1208-U AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ESTABLISHING A MORATORIUM ON THE CONVERSION OF EXISTING COMMERCIAL SPACE TO RESTAURANT USE AND DECLARING THE URGENCY THEREOF. THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH does hereby ordain as follows: SECTION 1. Moratorium declared. Except as otherwise provided in Section 4 hereof, the City of Hermosa Beach hereby declares a moratorium on the issuance of building permits, demolition permits, conditional use permits, variances, zone changes, precise development plans and any other entitlements for the use or development of land which would result in the conversion of commercial space to new or expanded restaurant use in the geographic area of the City described in Exhibit A attached hereto and incorporated herein by this reference. SECTION 2. Moratorium defined. Except as otherwise provided in Section 4 hereof, notwithstanding any other ordinance or Code of the City of Hermosa Beach, no application for a building permit, demolition permit, conditional use permit, variance, zone change, precise development plan or other permit or entitlement for use for new construction shall be accepted, processed or issued which would result in the creation of new or expanded restaurant space from existing commercial space in the geographic area described in Exhibit A, and no environmental assessment, environmental impact report, negative declaration or categorical exemption shall be prepared in connection with any such permit or entitlement. SECTION 3. Definition. For purposes of the Ordinance, a "restaurant" shall mean as defined in Section 17.04.050 of the Municipal Code. -1- 7 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 W SECTION 4. Exemptions. The moratorium or limitation provided for in Sections 1 and 2 hereof shall not be applicable to any of the following: a. New or expanded restaurant use for which discretionary permits were approved and final prior to the adoption of this Ordinance. b. Minor changes of a building footprint for an existing building or structure solely for the purpose of providing access for the disabled and if in compliance with applicable zoning and development standards. C. Minor modifications to an existing building required by law to be constructed in order for the building to comply with applicable fire, building or other safety requirements. d. Emergency repair or replacement of a structure existing on or before November 14, 2000, and damaged by fire, flood, or other natural causes. e. Changes in the ownership, name, or operating characteristics of a restaurant existing as of November 14, 2000, unless the restaurant use has been abandoned for a period of longer than six months. Nothing contained in this section shall exempt or except construction or use exempted by this section from any requirement or regulation of the Building Code, Zoning Ordinance, or other ordinance of the City of Hermosa Beach. SECTION 5. Relief from Moratorium. The owner of any structure or property may apply to the City Council for relief from this moratorium on the grounds that the structure or property cannot be used for any economic purpose whatsoever absent n exception from this moratorium. Upon receipt of such an application, the City Council shall conduct a duly noticed public hearing, receive and consider the evidence submitted with regard to the application, and exempt the structure or property from this moratorium only if it finds that the structure or property cannot be used for any economic purpose whatsoever unless it is exempted from this moratorium. -2- • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 • 15 16 17 18 19 20 21 22 23 24 25 26 27 0 28 SECTION 6. Severability. If any part or provision of this Ordinance, or the application to any person or circumstance, is held invalid, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances, shall not be effected and shall continue in full force and effect. To this end, the provisions of this Ordinance are severable. SECTION 7. Penalty. 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 8. Statement of Purpose and Urgency Findings. The City of Hermosa Beach intends to conduct studies forthwith relative to the appropriate distribution of commercial uses in the geographic area described in Exhibit A, and in particular, to determine whether there exists an overconcentration of restaurants in that area to the detriment of other commercial activity. The purpose of this study and any subsequent legislation is to attain the goal of a healthy and diverse downtown business climate in which a wide array of businesses may thrive. Pending such studies, and the preparation and adoption of the appropriate zoning regulations, it is necessary for the immediate preservation of the public peace, health, safety and welfare that existing and/or new restaurants not capture an even greater share of finite commercial space, which would defeat the very purpose of adopting an ordinance that seeks commercial and retail diversification; consequently, it is necessary that this ordinance take effect immediately. If this ordinance does not take effect immediately, actions might be undertaken which may be in conflict with the ordinance ultimately adopted and commercial square footage may become committed in a way so as to undermine the very purpose of that ordinance. -3- 2 3 4 5 6 7 8 9 10 11 12 13 14 • 15 16 17 18 19 20 21 22 23 24 25 26 27 0 28 Due to the foregoing circumstances, there is a current and immediate threat to the public health, safety, and welfare. Therefore, it is necessary for the preservation of the public peace, health, safety and welfare that this ordinance take effect immediately. This ordinance is an interim ordinance and shall expire forth -five (45) days after the adoption thereof unless extended pursuant to the provisions of Section 65858 of the Government Code. This is an interim measure, adopted pursuant to the authorization of State law in order to maintain the status quo pending the completion of the studies and adoption of amended zoning regulations, or sooner. It is not a final disposition as to development of any particular parcel of property within the City. PASSED, APPROVED and ADOPTED this 14th day of November, 2000, by the following vote: AYES: Dunbabin, Edgerton, Oakes, Mayor Reviczky NOES: Bowler ABSTAIN: None ABSENT- None PRESIDENT of ATTEST 0 ty Council an(LMAYOR of the City of Hermosa Beach, California -4- APPROVED A3 TO FORM CITY ATTORNE 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. 00-1208-U 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 14th day of November, 2000. The vote was as follows.- AYES- ollows: AYES: Dunbabin, Edgerton, Oakes, Mayor Reviczky • NOES: Bowler AB SENT - None ABSTAIN: None DATED: November 15, 2000 City Clerk rM 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 2s ORDINANCE NO. 00-1209 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 24, NOISE CONTROL, OF TITLE 8, HEALTH AND SAFETY OF THE HERMOSA BEACH MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 1.12, General Penalty, of Title 1, General Provisions, of the Hermosa Beach Municipal Code is amended by adding thereto a new Section 1.12.015 to read as follows: "1.12.015 Reclassification of offenses. A violation of any provision of this Code classified as a misdemeanor may be charged as an infraction where: A. 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 or his or her rights, elects to have the case proceed as a misdemeanor; or B. 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." SECTION 2. Section 6.04.100 of Chapter 6.04, Animals Generally, of Title 6, Animals, is hereby amended by deleting subsection B therefrom, re -lettering subsection C as subsection B, and amending it to read as follows: "B. Violation. Violation of subsection A of this section shall be an infraction." SECTION 3. Chapter 24, Noise Control, of Title 8, Health and Safety, of the Hermosa Beach Municipal Code is amended in its entirety to read as follows: H A 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 1s 19 20 21 22 23 24 25 26 • 27 2s Chapter 8.24 NOISE CONTROL Sections: 8.24.010 Declaration of Policy. 8.24.020 Definitions. 8.24.030 Prohibited Noises - General Standard. 8.24.040 Specific Prohibited Noises 8.24.050 Construction. 8.24.060 Use of Sound Amplification Equipment on Public Property. 8.24.070 Loud Parties or Gatherings. 8.24.080 Barking Dogs and Other Animal Noises. 8.24.090 Exemptions. 8.24.100 Violation—Penalty. 8.24.110 Enforcement. 8.24.120 Additional Remedies. 8.24.010 Declaration of Policy. It is hereby declared to be the policy of the City of Hermosa Beach to prohibit and control unnecessary, excessive and annoying noise and vibration in the city in order to preserve tranquility and protect the use and enjoyment of residential and commercial property. 8.24.020 Definitions. The following words, phrases and terms as used in this chapter shall have the meanings indicated as follows: 1. City Manager shall mean the City Manager of the City of Hermosa Beach or the City Manager's designee. 2. Commercial purpose means and includes the operation of a business for profit involving the sale or advertising of goods or services. 3. Construction shall mean any site preparation, assembly, erection, substantial -2- r ML 2 3 4 5 6 7 8 9 10 11 12 13 • 14 • 15 16 17 18 19 20 21 22 23 24 25 26 27 2s repair, alteration or similar action on public or private property. 4. Emergency machinery, vehicle or alarm shall mean any machinery, vehicle or alarm used, employed, performed or operated in response to an emergency, including but not limited to work by private or public utilities when restoring utility service. 5. Emergency work shall mean any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency, including but not limited to work by private or public utilities when restoring utility services. 6. Motor vehicles shall include any and all self-propelled vehicles as defined in the California Motor Vehicle Code, including all on -highway type motor vehicles subject to registration under this code, all off-highway type motor vehicles subject to identification under said Code and mini -bikes, motorized scooters and go-carts. 7 Noncommercial purpose means the use, operation or maintenance of any sound equipment for other than a commercial purpose. Noncommercial purpose shall mean and include personal, philanthropic, political and charitable purposes. 8. Person means a person, firm, association, co -partnership, joint venture, corporation or any entity, public or private in nature. 9. Police Chief means the police chief of the City of Hermosa Beach or his or her designee. 10. Sound amplifying equipment means any machine or device for the amplification of the human voice, music, or any other sound. Sound amplifying equipment shall not include standard automobile radios when used and heard only by the occupants of the vehicle in which the automobile radio is installed. Sound amplifying equipment as used in this chapter shall not include warning devices on authorized emergency vehicles, or horns or other warning devices on any vehicles used only for traffic safety purposes. 11. Sound truck means any motor vehicle, or any other vehicle regardless of motive -3- r� 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 power, whether in motion or stationary, having mounted thereon, or attached thereto, any sound amplifying equipment. 12. Weekday shall mean any day, Monday through Friday, which is not a legal holiday. 8.24.030 Prohibited Noises General Standard. No person shall make, or cause to suffer, or permit to be made upon any public property, public right-of-way or private property, any unnecessary and unreasonable noises, sounds or vibrations which are physically annoying to reasonable persons of ordinary sensitivity or which are so harsh or so prolonged or unnatural or unusual in their use, time or place as to cause or contribute to the unnecessary and unreasonable discomfort of any persons within the neighborhood from which said noises emanate or which interfere with the peace and comfort of residents or their guests, or the operators or customers in places of business in the vicinity, or which may detrimentally or adversely affect such residences or places of business. 8.24.040 Specific Prohibited Noises. Notwithstanding any other provisions of this chapter, the following acts and the causing or permitting thereof, are declared and deemed to be in violation of this chapter: A. Placement of stereo speakers. The amplification of music or any other sound on private property, through speakers located either (1) outdoors, or (2) in one or more windows or doorways, when such speakers are directed towards and such music is plainly audible on an immediately adjacent public right-of-way. B. Band or orchestral rehearsals. The conducting of or carrying on, or allowing the conducting or carrying on of band or orchestral concerts or rehearsals or practices between the hours of 10:00 p.m. and 8:00 a.m. sufficiently loud as to be plainly audible at the property line of the property from which the sound is emanating. C. Engines, motors and mechanical devices near residential district. The sustained, continuous or repeated operation or use between the hours of 10:00 p.m. and 8:00 a.m. of any motor or engine or the repair, modification, reconstruction, testing or operation of any automobile, motorcycle, machine, contrivance, or mechanical device or other contrivance or -4- • 1 • 2 3 4 5 6 7 8 9 10 11 12 13 facility unless such motor, engine, automobile, motorcycle, machine or mechanical device is enclosed within a sound insulated structure so as to prevent noise and sound from being plainly audible at the property line of the property from which the sound is emanating. D. Motor vehicles. Racing the engine of any motor vehicle or needlessly bringing a motor vehicle to a sudden start or stop. E. Loading and unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar objects between the hours of 10:00 p.m. and 8:00 a.m. in such a manner as to cause noise disturbance, except for solid waste collection by a franchised collector. F. Non -emergency signaling devices. Sounding or permitting the sounding of any electronically amplified signal from any bell, chime, siren, whistle or similar device, intended primarily for non -emergency purposes, from any place between the hours of 10:00 p.m. and 8:00 a.m., and in no event for more than ten (10) consecutive seconds in any hourly period outside 14 11 those hours. 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 G. Emergency signaling devices. I, The intentional sounding, or permitting the sounding, outdoors, of any emergency signaling device including fire, burglar, civil defense alarm, siren, whistle or similar emergency signaling device, provided, however that testing of an emergency signaling device is permitted between the hours of 10:00 a.m. and 8:00 p.m. Any such testing shall use only the minimum cycle test time. In no case shall such test time exceed sixty (60) seconds. Testing of the emergency signaling system shall not occur more than once in each calendar month. 2. Sounding or permitting the sounding of any exterior burglar or fire alarm unless such alarm is terminated within fifteen (15) minutes of activation. 3. Sounding or permitting the sounding of any motor vehicle alarm unless such alarm is terminated within five (5) minutes of activation. 4. Sounding or permitting the sounding of any motor vehicle alarm more than three times of any duration in any twenty-four (24) hour period. 5- 2 3 4 5 6 7 8 9 10 12 13 • 14 C, 15 16 17 18 19 20 21 22 23 24 25 26 27 28 H. Leaf blowers. The use or operation or allowing the use or operation of any portable machine powered with a combustion or gasoline engine used to blow leaves, dirt and other debris off sidewalks, driveways, lawns and other surfaces. I. Commercial establishments adjacent to residential property. Notwithstanding any provision of this code to the contrary, continuous, repeated or sustained noise from the premises of any commercial establishment which is adjacent to one or more residential dwelling units, including any outdoor area part of or under the control of the establishment, between the hours of 10:00 p.m. and 8:00 a.m. that is plainly audible from the residential dwelling unit's property line. 8.24.050 Construction. A. Permissible hours of construction. It is unlawful for any person within a residential zone, or within a radius of five hundred (500) feet therefrom, to operate equipment or perform any construction or repair work of any kind upon, or excavating for, any buildings, structures or projects for which a building permit is required pursuant to this municipal code, or to operate any pile driver, concrete pump, skip loader, jack hammer, backhoe,. gasoline powered cement mixer, crane, powder activated tool, steam or electric hoist, air compressor, power -driven drill or saw, excavator, riveting machine or other construction type device which makes a loud noise audible at the subject property boundary between the hours of 7 p.m. and 8 a.m., Monday through Friday; before 9 a.m. and after 5 p.m. on Saturday; and before 10 a.m. and after 2 p.m. on Sunday and on national holidays unless written permission, as set forth herein, has been duly obtained beforehand from the building official. These provisions shall not apply to emergency work as defined in Section 8.24.020. The hours of operation, with name and telephone number of the general contractor, shall be posted on the job site at all times. B. Posting of notice. Prior to performing any building construction activity as set forth in subsection (A) of this section and as a condition to maintaining a valid building permit, there shall be posted and at all times maintained at a prominent location adjacent to the public right-of-way next to the construction site a notice, to be provided by the city at the time of issuance of a building permit, in substantially the following form: -6- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 Construction activity prohibited between the hours of 7 p.m. and 8 a.m., Monday through Friday; before 9 a.m. and after 5 p.m on Saturday; and before 10 a.m. and after 2 p.m. on Sunday and on national holidays. [HBMC Sec. 8.24.050] Failure by the property owner and/or contractor to post and maintain this notice after receiving twenty-four (24) hours written or oral notice from the city or the violation of subsection (A) of this section shall constitute, severally, for each and every violation, an infraction, punishable as provided in this code, except that after the second violation such provision may, in the discretion of the city attorney or city prosecutor, be prosecuted as a misdemeanor pursuant to this code. C. Special circumstances. The building official may grant an exception to the provisions of this section in accordance with the procedures set forth below. Upon receipt of an application in writing therefore stating the reasons for the request and the facts upon which such reasons are based, the building official may grant such permission if he or she finds that: 1. The work proposed to be done is in the public interest; or 2. Unusual hardship, injustice or unreasonable delay would result from adherence to the hours and days specified above. Any person dissatisfied with the decision of the building official may forthwith appeal to the city council. Construction, repair or excavation. which qualifies as emergency work and which must be accomplished during prohibited hours during such hours as the offices of the city are closed or where such necessity requires immediate action prior to the time at which it would be possible to obtain the building official approval, may be performed provided that the persons doing such construction, repair or excavation obtain a permit therefor within one day after the office of the building official is first opened subsequent to the making of such construction, repair or excavation. D. Utilities exemption. The provisions of this section do not apply to construction, repair or excavation by a public utility which is subject to the jurisdiction of the Public Utilities Commission and where such work is necessary for the immediate preservation of the public health, safety, or welfare and where such necessity makes it necessary to construct, -7- • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 repair or excavate during the prohibited hours. E. City exemption. The provisions of this section do not apply to public works which are authorized by the City. 8.24.060 Use of Sound Amplification Equipment on Public Property. A. Application required. It is unlawful for any person, other than personnel of law enforcement and government agencies, to install, use or operate within the city a loudspeaker or sound amplifying equipment in a fixed or movable position or mounted upon any sound truck for the purpose of giving instructions, directions, talks, addresses, lectures or transmitting music to any persons or assemblages of persons in or upon any street, alley, sidewalk, park, place or public property without first filing an application and obtaining a permit therefore as set forth in the following paragraphs. B. Filing application. Every user of sound amplifying equipment shall file an application with the Chief of Police at least ten (10) days prior to each date or each consecutive number of days on which the sound amplifying equipment is intended to be used. The application shall contain the following information: 1. The name, address and telephone number of both the owner and responsible party for the property where the sound amplifying equipment shall be used; 2. The address where the sound amplifying equipment will be used; 3. The date(s) and day(s) on which the sound amplifying equipment will be used; 4. The times when the sound amplifying equipment will be used; 5. The type of activity and the estimated number of persons who will attend; 6. A general description of the sound amplifying equipment which is to be used; 7 Whether the sound amplifying equipment will be used for commercial or noncommercial purposes; 8. Other information deemed necessary by the Chief of Police or his designee to determine the levels, location and duration of the use of sound amplifying equipment. C. Approval of permit. The Chief of Police shall approve the application unless he or she finds that: -8- �7= 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 1. The conditions of motor vehicle or pedestrian movement are such that use of the equipment would constitute a detriment to traffic safety; or 2. The issuance of the permit would be otherwise detrimental to the public health, safety or welfare; or 3. The issuance of the permit will substantially interfere with the peace and quiet of the neighborhood or the community; or 4. The applicant would violate the provisions of this code or of any other law. D. Conditions of approval. The Chief of Police may impose such conditions on the operation to be conducted under the permit as he or she may deem necessary or proper to ensure that the city's noise regulations are followed and that the operation of the sound equipment will not invade the privacy of others. There shall be no conditions placed on any permittee as to the type of message or the content of the communication proposed to be amplified. E. Appeals. Any person aggrieved by disapproval of an application may appeal to the city council within ten (10) calendar days from the date of notification of decision. F. Permit fee. Prior to the issuance of the permit, a permit fee in an amount fixed by resolution of the City Council per day, or any portion thereof, shall be paid to the City. No fee shall be paid by any nonprofit organization. 8.24.070. Loud Parties or Gatherings. The following provisions apply to party or gathering of two (2) or more people on private property generating any noise that is plainly audible at the property line of the property from which the noise is emanating, or is determined by a law enforcement officer at the scene to constitute a violation of the California Penal Code or the Hermosa Beach Municipal Code, or is otherwise a threat to the public peace, health, safety, or welfare due to the magnitude of the crowd, the disturbance, unruly behavior or destruction of property generated by the party or gathering, or excessive traffic caused by the party or gathering. 1, The law enforcement officer at the scene shall take such actions and give such direction as is necessary to abate the violation or condition, and shall advise the responsible person orally and in writing that if additional law enforcement personnel or emergency -9- �7= 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 .25 26 • 27 28 service providers are called upon to respond on behalf of the city to abate the condition, the responsible person and the owner or occupant of the property shall be held liable for the cost to the city of providing such services. Such direction and advice shall be given to the person responsible for the party or gathering or to the owner or occupant of the property involved. If the condition is not voluntarily abated and if additional law enforcement personnel or emergency service providers are called upon to respond on behalf of the city in order to disperse the party or gathering, quell any disturbance, direct traffic, cite illegally parked vehicles or otherwise respond, then the cost to the city of such additional services shall be reimbursed to the city as provided in subsection 2. of this section. 2. The person or persons responsible for a party or gathering described in subsection (1) of this section, or the owner or occupant of the property on which the party or gathering is held, or, if any such person is a minor, the parents or legal guardian of the minor shall be jointly and severally liable for the following costs incurred by the city: (i) The actual cost to the city of law enforcement services and emergency services, excluding the initial response provided by a law enforcement officer, in order to abate any of the conditions described in subsection 1. of this section; (ii) Damage to public property resulting from such law enforcement or emergency response; and (iii) Injuries to any law enforcement or emergency service personnel involved in such law enforcement or emergency response. 3. The City Manager or his or her designee shall calculate all such costs. The person or persons specified above in subsection 2. of this section shall be billed by the City Manager or his or her designee for the total cost, and payment shall be due and payable within fifteen (15) days of the billing date. If the amount due is not paid, the city may collect the debt, as well as any fees and costs incurred in its collection, pursuant to all applicable provisions of law. 10- 2 3 4 5 6 7 s 9 10 11 12 13 • 14 • 15 16 17 1s 19 20 21 22 23 24 25 26 27 2s 8.24.080 Barking Dogs and Other Animal Noises. A. Barking dogs and other noisy animals. It is unlawful to keep, maintain, or cause or permit to be kept or maintained upon any premises in the city, or to permit or allow to be running at large, any dog or other animal which repeatedly barks, howls, whines, crows, or makes loud or unusual noises in such a manner as to either disturb the peace and quiet or interfere with the comfortable enjoyment of life and property of any person or persons. The owner or other person in control or custody of the dog or other animal in violation of this Section may be cited by a law enforcement officer at the scene upon a determination of a violation of this subsection A. B. Evidence of a barking dog or other noisy animal. In making a determination whether a violation of subsection A has occurred, evidence of the following shall be considered: 1, The nature, volume and frequency of the barking or other noise; 2. The time or times of day when the noise is heard by the complaining parties; 3. The apparent reasons or provocations for the dog or other animal to emit the noise, if any; 4. The location or locations on the property where the dog or other animal is kept; 5. The manner in which the dog or other animal is kept; 6. The number of persons complaining about the barking or other noise; 7 Any other relevant evidence concerning the alleged barking dog or other noisy animal problem. C. Disposition of barking dog or other noisy animal. Enforcement of this Section may be initiated by issuance of a citation by a law enforcement officer or by way of complaint from any person alleging a violation of this Section. Prior to commencing a prosecution for violation of this Section, the City Prosecutor may refer the affected parties to dispute resolution and/or afford the owner of the dog or other animal a reasonable opportunity to take one or more of the following actions to abate the noise: 1, Train or retrain the dog or other animal to cease creating a violation; 2. Keep the dog or other animal indoors during specified hours, or other similar measures be taken, to eliminate the violation; or -11- r -M 2 3 4 5 6 7 s 9 10 11 12 13 0 14 • 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. Remove the dog or other animal from the city permanently, or for a specified period of time after which time the animal may be returned as long as steps have been taken such that the violation will not recur. D. Recovery of law enforcement costs. The animal owner or custodian who has received one citation pursuant to this Section 8.24.080 after having been given a reasonable opportunity to abate the noise pursuant to subsection C above shall be liable for the following costs incurred by the city: 1, The actual cost to the city of law enforcement services responding to any subsequent calls complaining of a violation of this Section 8.24.080; 2. Injuries to any city personnel or law enforcement officers responding to any such calls. The Police Department shall accurately compute the cost of providing such services in accordance with the schedule of rates and charges for personnel and equipment contained in the law enforcement services agreement and advise the City Manager of such costs as well as any other costs of injuries to personnel resulting from the law enforcement response. The City Manager shall bill said costs to the animal owner or custodian. Payment shall be due and payable within thirty (30) days of the billing date. If the amount due is not paid, the city may collect the debt, as well as any fees and costs incurred in its collection, pursuant to all applicable provisions of law. E. The remedies set forth in this section are not exclusive and may be used in addition to those set forth elsewhere in this Code or by law. 8.24.090 Exemptions. The following activities shall be exempt from the provisions of this chapter: A. Emergency exemption. The emission of sound for the purpose of alerting persons to the existence of an emergency or the emission of sound in the performance of emergency work. For the purposes of this section, "emergency" means a condition that constitutes an immediate threat to public safety, health or welfare or to property. B. Warning devices. Warning devices necessary for the protection of public 12- r� 2 3 4 5 6 7 8 9 10 11 12 13 • 14 • 15 16 17 18 19 20 21 22 23 24 25 26 27 28 safety, such as police, fire and ambulance sirens and train horns. C. Outdoor activities. Activities conducted on public playgrounds, fully licensed and approved child day care facilities within residential areas as permitted by law, and public or private school grounds, including but not limited to school athletic and school entertainment I I events. D. Outdoor gatherings, public dances, shows and sporting events. Provided the events are conducted pursuant to a permit issued by the City Manager. 8.24.100 Violation—Penalty. A violation of any of the provisions of this chapter shall be an infraction, punishable pursuant to the provisions of Section 1.12 of this Code. 8.24.110 Enforcement. Nothing in this chapter shall preclude the City Manager from seeking to obtain voluntary compliance by way of warning, notice or informational materials. 8.24.120 Additional Remedies. A. Motor vehicle alarms - deactivation. In addition to the remedies set forth in this chapter, the Police Department may undertake such procedures as are reasonably necessary to deactivate a motor vehicle alarm generating noise in violation of this chapter. If the Police Department is unable to deactivate the alarm, the law enforcement officer may cause the motor vehicle to be removed according to the procedure set forth in Section 22651.5 of the California Vehicle Code. B. Motor vehicle - removal. Any costs associated with the removal or storage of a motor vehicle pursuant to subsection (A) of this section and any costs incurred by the city in connection therewith shall be paid by the registered owner of the motor vehicle. C. Operation or maintenance of other machinery. The operation or maintenance of any device, instrument, equipment, vehicle or machinery in violation of any provisions of this chapter, and persistent animal noise in violation 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. 13- 2 3 4 5 6 7. 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 SECTION 4. Section 8.28.040 of Chapter" 8.28, Nuisances, of Title 8, Health and Safety, of the Hermosa Beach Municipal Code is hereby repealed. SECTION 5. Section 9.04.010.F. of Chapter 9.04, Offenses Against Public Peace and Decency, of Title 9, Public Peace, Morals and Welfare is amended to read as follows: F. No person shall have in his or her possession any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed, upon any street or walkstreet, sidewalk or parkway, park, playground, the beach, or in any other public place, or in any place open to the patronage of the public which is not licensed for the consumption of such alcoholic beverage. This subsection is enacted pursuant to the authority contained in California Business and Professions Code Section 25620(a), and shall not apply to individuals engaged in recycling. Any person violating any provision of this subsection shall be guilty of an infraction. SECTION 6. Section 12.20.350 of Chapter 12.20, Beach and Strand Regulations, of Title 12, Streets, Sidewalks and Public Places, is hereby added to read as follows: 12.20.350 Obstructing free movement. No person shall stand, sit, lie or congregate on the Strand in such manner as to interfere with or impede the free flow of travel along the Strand. SECTION 7. Section 10.12.160 of Chapter10.12, Traffic Rules, of Title 10, Vehicles and Traffic is hereby amended to add the following: 10.12.160 Public rights-of-way for exclusive use of pedestrians --Exceptions and restrictions. C. No person shall stand, sit, lie or congregate on any walk street in such a manner as to interfere or impede the free flow of travel along the walk street. 14- r� 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 1s 19 20 21 22 23 24 25 26 • 27 28 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. The City Council does hereby designate the City Attorney to prepare a summary of this ordinance to be published pursuant to Government Code Section 36933(c)(1) in lieu of the full text of said ordinance. That prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause the summary 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 12th day of December, 2000, by the following vote: AYES: Bowler, Dunbabin, Edgerton, Oakes, Mayor Reviczky NOES: None ABSTAIN: None ABSENT- None PRESIDENT of ke City Council 60 MAYOR of the City of Hermosa Beach, California ATTEST CITY CLERK -15- APPROVED AS TO FORM CITY ATTORNEY • 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. 00-1209 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 day of December, 2000. The vote was as follows: AYES: Bowler, Dunbabin, Edgerton, Oakes, Mayor Reviczky • NOES: None ABSENT- None ABSTAIN: None DATED: January 10, 2001 City Clerk 0 • 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 21 All in the year 2000 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, This 21St day of December, 2000 Signature EASY READER, INC. P.O. BOX 427 832 HERMOSA AVENUE HERMOSA BEACH, CA 90254 Telephone: (310) 372-4611 Proof of Publication of - CITY OF HERMOSA BEACH HBD 191 Summary Ordinance No. 00-1209 Ordinance No. 00-1209 was prepared by Michael Jenkins, the City Attorney of the City of Hermosa Beach. Ordinance No. 00-1209 is a comprehensive overhaul of the City's municipal code provi- sions relating to noise and alcohol regulation and abate- ment of unruly gatherings. PASSED, APPROVED and ADOPTED this 12th day of December, 2000, by the fol- lowing vote: AYES: Bowler, Dunbabin, Edgerton, Oakes, Mayor Reviczky NOES: None ABSTAIN: None ABSENT: None J. R Reviczky The ordinance contains the PRESIDENT of the City following major provisions: Council and Mayor of the City of Hermosa Beach, California • It prohibits unreasonable noise that interferes with the peace and comfort of a neighborhood. • It prohibits certain speci- fied types of noises, audi- ble beyond the property line, between the hours of 10:00 p.m. and 8:00 a.m. • It prohibits the use of out- door speakers if audible on the public right-of-way. • It prohibits the use of gas powered leaf blowers. • It regulates the hours of construction activity. • It establishes a procedure for issuing permits for use of amplified music on any public property. • It allows the City to recov- er its cost incurred in abating unruly parties. • It establishes a procedure for abating unreasonable noises by animals. • It prohibits possession of open containers of alco- holic beverages on any public property. ATTEST: Elaine Doerflina CITY CLERK APPROVED AS TO FORM: Michael Jenkins CITY ATTORNEY ER December 21, 2000/ j HBL 191 • It prohibits persons from r.aMo, congregating on the 4 Strand or an any walk " street so as to obstruct free passage. • It establishes various remedies and methods The following summary of of enforcement. Ordinance No. 00-1209 was prepared by Michael Jenkins, the City Attorney of the City of Hermosa Beach. Ordinance No. 00-1209 is a comprehensive overhaul of the City's municipal code provi- sions relating to noise and alcohol regulation and abate- ment of unruly gatherings. PASSED, APPROVED and ADOPTED this 12th day of December, 2000, by the fol- lowing vote: AYES: Bowler, Dunbabin, Edgerton, Oakes, Mayor Reviczky NOES: None ABSTAIN: None ABSENT: None J. R Reviczky The ordinance contains the PRESIDENT of the City following major provisions: Council and Mayor of the City of Hermosa Beach, California • It prohibits unreasonable noise that interferes with the peace and comfort of a neighborhood. • It prohibits certain speci- fied types of noises, audi- ble beyond the property line, between the hours of 10:00 p.m. and 8:00 a.m. • It prohibits the use of out- door speakers if audible on the public right-of-way. • It prohibits the use of gas powered leaf blowers. • It regulates the hours of construction activity. • It establishes a procedure for issuing permits for use of amplified music on any public property. • It allows the City to recov- er its cost incurred in abating unruly parties. • It establishes a procedure for abating unreasonable noises by animals. • It prohibits possession of open containers of alco- holic beverages on any public property. ATTEST: Elaine Doerflina CITY CLERK APPROVED AS TO FORM: Michael Jenkins CITY ATTORNEY ER December 21, 2000/ j HBL 191 • 1 2 3 4 5 6 7 8. 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 ORDINANCE NO. 00-1210 AN ORDINANCE OF THE CITY OF HERMOSA BEACH EXTENDING A MORATORIUM ON CONVERSION OF OFFICE AND RETAIL USE TO RESTAURANT USE IN THE DOWNTOWN AREA AND DECLARING THE URGENCY THEREOF. THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Moratorium extended. The moratorium established by Ordinance NO. 00-1208-U, adopted on November 14, 2000, is hereby extended pursuant to Government Code Section 65858 for a period of ten months and fifteen days to November 13, 2001, SECTION 2. Penalty. 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. Statement of Purpose and Urgency Findings. The City of Hermosa Beach intends to conduct studies forthwith relative to the appropriate distribution of commercial uses in the geographic area described in Exhibit A, and in particular, to determine whether there exists an overconcentration of restaurants in that area to the detriment of other 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 commercial activity. The purpose of this study and any subsequent legislation is to attain the goal of a healthy and diverse downtown business climate in which a wide array of businesses may thrive. Pending such studies, and the preparation and adoption of the appropriate zoning regulations, it is necessary for the immediate preservation of the public peace, health, safety and welfare that existing and/or new restaurants not capture an even greater share of finite commercial space, which would defeat the very purpose of adopting an ordinance that seeks commercial and retail diversification; consequently, it is necessary that this ordinance take effect immediately. If this ordinance does not take effect immediately, actions might be undertaken which may be in conflict with the ordinance ultimately adopted and commercial square footage may become committed in a way so as to undermine the very purpose of that ordinance. Due to the foregoing circumstances, there is a current and immediate threat to the public health, safety, and welfare. Potential architecturally and historically significant resources have been identified by means of a survery, and those resources are listed in Exhibit A to Ordinance No. 00-1208U. These structures are not necessarily the only resources which may be identified, nor are the structures listed in Exhibit A necessarily ultimately going to be designated as resources. Nonetheless, the alteration or demolition of the structures listed in Exhibit A would constitute a threat to the public health, safety, and welfare. Therefore, it is necessary for the preservation of the public peace, health, safety and welfare that this ordinance take effect immediately. This ordinance is an interim ordinance and shall expire in ten (10) months and fifteen (15) days after the adoption thereof unless extended pursuant to the provisions of Section 65858 of the Government Code. This is an interim measure, adopted pursuant to the authorization of State law in order to maintain the status quo pending the completion of the studies and adoption of amended zoning regulations, or sooner. It is not a final disposition as to development of any particular parcel of property within the City. 27 • 28 -2- • • • 1 2 3 4 WE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED and ADOPTED this 12th day of December, 2000, by the following vote. AYES: Dunbabin, Edgerton, Oakes, Mayor Reviczky NOES: Bowler ABSTAIN: None ABSENT- None PRESIDENT of th itv Council ATTEST CITY CLERK p YOR of the City of Hermosa Beach, California -3- APPROVED AS. TO FORM A 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. 00-1210 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 day of December, 2000. The vote was as follows: AYES: Dunbabin, Edgerton, Oakes, Mayor Reviczky is NOES: Bowler AB SENT - None ABSTAIN: None DATED: January 10, 2001 City Clerk 0 n LJ 2 3 4 5 6 7 s 9 10 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • �A ORDINANCE NO. 01-1211 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE STORM WATER AND URBAN RUNOFF POLLUTION CONTROL ORDINANCE TO PROVIDE STORM WATER POLLUTION CONTROL FOR THE PLANNING AND CONSTRUCTION OF NEW DEVELOPMENT AND REDEVELOPMENT PROJECTS AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 8.44.030 of: Chapter 8.44 of the Hermosa Beach Municipal Code is hereby amended by adding thereto a new subparagraph (D) to read as follows: "D. This Chapter also sets forth requirements for the construction and operation of certain "Commercial Development," "New Development" and "Redevelopment" and other projects (as further defined herein) which are intended to ensure compliance with the storm water mitigation measures prescribed in the current version of the Standard Urban Storm Water Mitigation Plan (SUSMP) approved by the Regional Water Quality Control Board -Los Angeles Region, and on file in the office of: the City Clerk of this City. This Chapter authorizes the Authorized Enforcement Officer to define and adopt applicable Best Management Practices and other storm water pollution control measures, to grant waivers from SUSMP requirements, as provided herein, to cite infractions and to impose fines pursuant to this Chapter, Except as otherwise provided herein, the Authorized Enforcement Officer shall administer, implement and enforce the provisions of this section." SECTION 2. The first (preamble) paragraph of Section 8.44.040 of Chapter 8.44 of the Hermosa Beach Municipal Code is hereby amended to read as follows: "Except as specifically provided herein, any term used in this Chapter shall be defined as that term is defined in the current Municipal NPDES Permit, or in the current version of the Standard Urban Storm Water Mitigation Plan ("SUSMP") approved by the Regional Water Quality Control Board -Los Angeles Region, or if it is not specifically defined in either the 2 3 4 5 6 7 8 9 10 12 13 14 • 15 16 17 18 19 20 21 22 23 24 25 26 27 • ,R Municipal NPDES Permit or the SUSMP, then as such term is defined in the Federal Clean Water Act, as amended, and/or the regulations promulgated thereunder. If the definition of any term contained in this ordinance conflicts with the definition of the same term in the current version of the SUSMP, then the definition contained in the SUSMP shall govern. The following words and phrases shall have the following meanings when used in this Chapter:" SECTION 3. Paragraph 1 of Section 8.44.040 of Chapter 8.44 of the Hermosa Beach Municipal Code defining the term "Best management practices" is hereby amended to read as follows: "Best Management Practices (BMP's)" means activities, practices, facilities, and/or procedures that when implemented to their maximum efficiency will prevent or reduce pollutants in discharges and any program, technology, process, siting criteria, operational methods or measures, or engineered systems, which when implemented prevent, control, remove, or reduce' pollution. Examples of BMP's may include public education and outreach, proper planning of development projects, proper cleaning of catch basin inlets, and proper sludge or waste -handling and disposal, among others." SECTION 4. Section 8.44.040 of Chapter 8.44 of the Hermosa Beach Municipal Code is hereby amended to add the following new definitions in appropriate alphabetical sequence: ""Automotive Repair Shop" means a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532-7534, or 7536-7539 (as amended). "Commercial Development" means any development on private land that is not heavy industrial or residential. The category includes, but is not limited to: hospitals, laboratories and other medical facilities, educational institutions, recreational facilities, plant nurseries, multi - apartment buildings, car wash facilities, mini -malls and other business complexes, shopping malls, hotels, office buildings, public warehouses and other light industrial complexes. "Discretionary Project" is defined in the same manner as Section 15357 of the Guidelines For Implementation Of The California Environmental Quality Act contained in Title 14 of the California Code Of Regulations, as amended, and means a project which requires the exercise of -2- 2 3 4 5 6 7 s 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 judgment or deliberation when the City decides to approve or disapprove a particular activity, as distinguished from situations where the City merely has to determine whether there has been conformity with applicable statutes, ordinances, or regulations. "Greater than (>) 9 unit home subdivision" means any subdivision being developed for 10 or more single-family or multi -family dwelling units. "Hillside" means property located in an area with known erosive soil conditions, where the development contemplates grading on any natural slope that is twenty-five percent (25%) or greater. "Infiltration" means the downward entry of water into the surface of the soil. "New Development" means land disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision. "One Hundred Thousand (100,000) Square Foot Commercial Development" means any Commercial Development that creates at least one hundred thousand (100,000) square feet of impermeable area, including parking areas. "Parking Lot" means land area or a facility for the temporary parking or storage of motor vehicles used personally, for business or for commerce with a lot size of five thousand (5,000) square feet or more, or with twenty-five (25) or more parking spaces. "Redevelopment" means, on an already developed site, the creation or addition of at least five thousand (5,000) square feet of impervious surfaces, as such term is defined in the current version of the SUSMP approved by the Regional Board. Redevelopment includes, but is not limited to the following activities that meet the minimum standards set forth in this definition: (1) the expansion of a building footprint or addition or replacement of a structure; (2) structural development, including an increase in gross floor area and/or exterior construction or remodeling; (3) replacement of impervious surface that is not part of a routine maintenance activity and (4) land disturbing activities related to structural or impervious surfaces. • 27 IR -3- 2 3 4 5 6 7 s 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 IR "Restaurant" means a stand-alone facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption. (SIC code 5812). "Retail Gasoline Outlet" means any facility engaged in selling gasoline and lubricating oils. "Source Control BMP" means any schedule of activities, prohibition of practices, maintenance procedures, managerial practices or operational practices that aim to prevent storm water pollution by reducing the potential for contamination at the source of pollution. "Standard Urban Storm Water Mitigation Plan" or "SUSMP" means the current version of the Standard Urban Storm Water Mitigation Plan approved by the Regional Board, and on file in the office of the City Clerk of this City, and the NPDES Permit models that have been approved by the Executive Officer of the Regional Board for implementation to control storm water pollution from New Development and Redevelopment or any project specifically identified in Section 8.44.095. "Structural BMP" means any structural facility designed and constructed to mitigate the adverse impacts of storm water and urban runoff pollution (e.g. canopy, structural enclosure). Structural BMP's may include both Treatment Control BMP's and Source Control BMP's. "Treatment" means the application of engineered systems that use physical, chemical, or biological processes to remove pollutants. Such processes include, but are not limited to, filtration, gravity settling, media adsorption, biodegradation, biological uptake, chemical oxidation and UV radiation. "Treatment Control BMP" means any engineered system designed to remove pollutants by simple gravity settling of particulate pollutants, filtration, biological uptake, media absorption or any other physical, biological, or chemical process. " SECTION 5. Chapter 8.44 of the Hermosa Beach Municipal Code is amended by adding thereto a new Section 8.44.095 to read as follows: "8.44.095 Standard Urban Storm Water Mitigation Plan ("SUSMP") Requirements for New Development and Redevelopment Projects -4- 2 3 4 5 6 7 8 9 10 11 12 13 r� 15 16 17 18 19 20 21 22 23 24 25 26 27 a. Projects Requiring a SUSMP The following projects for New Development and Redevelopment, if subject to Discretionary Project approval in the Zoning Ordinance of the City, shall require a Storm Water Mitigation Plan, which complies with the most recent SUSMP- 1. Single -Family Hillside Residences; 2. Commercial developments in excess of One Hundred Thousand (100,000) Square Feet; 3. Automotive Repair Shops; 4. Restaurants; 5. Retail Gasoline Outlets; 6. Greater than (>) 9 unit home subdivision; and 7 Parking lots of five thousand (5,000) square feet or more or with twenty- five (25) or more parking spaces and potentially exposed to storm water runoff. b. Incorporation of SUSMP into Project Plans. An applicant for a New Development or a Redevelopment Project identified in paragraph a. of this Section shall incorporate into the applicant's project plans a Storm Water Mitigation Plan which includes those Best Management Practices necessary to control storm water pollution from construction activities and facility operations, as set forth in the SUSMP applicable to the applicant's project. Structural or Treatment Control BMP's set forth in project plans shall meet the design standards set forth in the SUSMP; provided, however, Restaurants with a developed land area of less than 5,000 square feet and Retail Gasoline Outlets do not have to meet the Structural or Treatment Control BMP design standards set forth in the SUSMP If a project applicant has included or is required to include Structural or Treatment Control BMP's in project plans, the applicant shall provide verification of maintenance provisions. The verification shall include the applicant's signed statement, as part of its project application, accepting responsibility for all structural and treatment control BMP maintenance until such time, if any, the property is transferred. c. Issuance of Discretionary Permits. No Discretionary permit may be issued for any New Development or Redevelopment Project identified in paragraph a. of this Section until the -5- 2 3 4 5 6 7 s 9 10 11 12 13 r� • 15 16 17 18 19 20 21 22 23 24 25 26 27 �Q Authorized Enforcement Officer confirms that either (1) the project plans comply with the applicable SUSMP requirements, or (2) compliance with the applicable SUSMP requirements is impracticable for one or more of the reasons set forth in paragraph e regarding issuance of waivers. Where a Redevelopment project results in an increase of less than fifty (50%) percent of the impervious surfaces of a previously existing development, and the existing development did not require a SUSMP at the time the last Discretionary approval was granted by the City, the Design Standards set forth in the SUSMP will apply only to the addition, and not to the entire development. d. Issuance of Certificates of Occupancy. As a condition for issuing a Certificate of Occupancy for New Development or Redevelopment Project identified in paragraph a. of this Section, the Authorized Enforcement Officer shall require facility operators and/or owners to build all the storm water pollution control Best Management Practices and Structural or Treatment Control BMP's that are shown on the approved project plans and to submit a signed Certification Statement stating that the site and all Structural or Treatment Control BMP's will be maintained in compliance with the SUSMP and other applicable regulatory requirements. e. Granting of Waiver. The Authorized Enforcement Officer shall have the authority to grant a waiver to a Development or Redevelopment Project from the requirements of the SUSMP, if impracticability for a specific property can be established by the project applicant. A waiver of impracticability may be granted only when all Structural or Treatment Control BMP's have been considered and rejected as infeasible. Recognized situations of impracticability are limited to the following, unless approved by the Regional Board: 1. Extreme limitations of space for treatment on a Redevelopment project; 2. Unfavorable or unstable soil conditions at a site to attempt infiltration; and 3. Risk of ground water contamination because a known unconfined aquifer lies beneath the land surface or an existing or potential underground source of drinking water is less than ten (10) feet from the soil surface. f. Transfer of Properties Subject to Requirement for Maintenance of Structural and Treatment Control BMP's. -6- 2 3 4 5 6 7 8 9 10 12 13 14 • 15 16 17 18 19 20 21 22 23 24 25 26 27 • ,R 1, The transfer or lease of a property subject to a requirement for maintenance of Structural and Treatment Control BMP's shall include conditions requiring the transferee and its successors and assigns to either (a) assume responsibility for maintenance of any existing Structural or Treatment Control BMP or (b) to replace an existing Structural or Treatment Control BMP with new control measures or BMP's meeting the then current standards of the City and the SUSMP Such requirement shall be included in any sale or lease agreement or deed for such property. The condition of transfer shall include a provision that the successor property owner or lessee conduct maintenance inspections of all Structural or Treatment Control BMP's at least once a year and retain proof of inspection. 2. For residential properties where the Structural or Treatment Control BMP's are located within a common area which will be maintained by a homeowner's association, language regarding the responsibility for maintenance shall be included in the project's conditions, covenants and restrictions (CC&R's). Printed educational materials will be required to accompany the first deed transfer to highlight the existence of the requirement and to provide information on what storm water management facilities are present, signs that maintenance is needed, and how the necessary maintenance can be performed. The transfer of this information shall also be required with any subsequent sale of the property. 3. If Structural or Treatment Control BMP's are located within an area proposed for dedication to a public agency, they will be the responsibility of the developer until the dedication is accepted. g. CEQA. Provisions of this section shall be complimentary to, and shall not replace, any applicable requirements for storm water mitigation required under the California Environmental Quality Act." SECTION 6. Section 8.44.110A1 of Chapter 8.44 of the Hermosa Beach Municipal Code is amended to read as follows and all existing subparagraphs of Section 8.44.110A shall be renumbered accordingly. "1. Any condition caused or permitted to exist in violation of a. Any of the provisions of this Chapter; or -7- 2 3 4 5 6 7 8 9 10 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • �R 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 BUT 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." SECTION 7. 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 shall not affect the validity of the remaining sections, subsections, sentences, clauses, portions, or phrases of this Ordinance. The City Council hereby 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 8. The City Council does hereby designate the City Attorney to prepare a summary of this ordinance to be published pursuant to Government Code Section 36933 (c) (1) in lieu of the full text of said ordinance. That prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause the summary to be published in the Easy Reader, a weekly newspaper of general circulation, published and circulated in the City of Hermosa Beach. N -8- • 1 2 3 4 5 6 7 s 9 10 11 12 13 • 14 . 15 16 17 1s 19 20 21 22 23 24 25 26 • 27 �R 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; 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 January, 2001, by the following vote: AYES: Bowler, Dunbabin, Edgerton, Oakes, Mayor Reviczky NOES: None ABSENT- None ABSTAIN: None PRESIDENT of the Cit C uncil and ATTEST - City Clerk of the City of Hermosa Beach, California APPROVED AS TO FORM: -9- • 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. 01-1211 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 day of January, 2001 The vote was as follows: AYES: Bowler, Dunbabin, Edgerton, Oakes, Mayor Reviczky • NOES: None AB SENT - None ABSTAIN: None DATED: January 10, 2001 M�X_ City Clerk 0 0 • • 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 Ordinance No.01-1211 (1) the project plans comply any supplement thereof on the following dates, to- adopts the Standard Urban with the applicable SUSMP Storm Water Mitigation Plan requirements, or (2) compli- Wlt: (SUSMP) developed by the i Regional Water Quality Control Board (RWQCB) as part of the municipal storm water program to address storm water pollution from new development and redevelop- ment by the private sector. The SUSMP contains a list of minimum required Best Management Practices (BMPs) that must be used for designated projects to protect against contamination of storm run-off. All cities in the County are required to adopt the requirements set forth in the SUSMP through their own ordinances. The SUSMP ordinance sets forth requirements for the con- struction and operation of cer- tain new development and redevelopment and other pro- jects. The requirements are intended to ensure compliance with the storm water mitigation measures prescribed in the current version of the SUSMP (adopted by the RWQCB). The ordinance applies to: 1. Single -Family Hillside Residences; 2. One Hundred Thousand (100,000) Square Foot C o m m e r c i a l Developments; 3. Automotive Repair Shops; 4. Retail Gasoline Outlets; 5. Restaurants; 6. Home Subdivisions with ten (10) or.more housing units; 9. Parking lots five thou- sand (5,000) square feet or more or with twenty- five (25) or more parking spaces and potentially exposed to storm water runoff. Neither the ordinance nor the SUSMP- itself dictate the specific BMPs that the City must impose on applicants to Proof of Publication of: CITY OF HERMOSA BEACH HLO1-001 Summary of Ordinance No. 01-1211ith e'the -- - - — comply wthe SUSMP requirements. Rather, BMPs - rgaMom are imposed on a case -by- R. R viczk u °m case basis upon review of a PRESIDENT of the Cit those Storm Water Mitigation Plan, Council and Mayor of the City i which is incorporated in pro- of Hermosa Beach, California ject plans and which must include BMPs neces. ATTEST: ElaineDo rflino The following summary of sary to control storm water CITY CLERK Ordinance No. 00 1211 was pollution from construction and facility opera- APPROVED AS TO FORM:. prepared by Michael Jenkins, the City Attorney of tionsactivities The SUSMP ordinance Ucha 1 Jenkins CITY ATTORNEY the City of Hermosa Beach. mandates that no building or ER January 18, 2001/ SUMMARY OF grading permits _be issued fog any designated New HL01-001 ---- ORDINANCE Development or _� N0. 01-1211 Redevelopment Project until the City confirms that January 18 All in the year 2001 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, This 181h day of January, 2001 Signature EASY READER, INC. P.O. BOX 427 832 HERMOSA AVENUE HERMOSA BEACH, CA 90254 Telephone: (310) 372-4611 ance with the applicable SUSMP requirements is impracticable (thus justifying issuance of a waiver) for one or more reasons, including: a. Extreme limitations of space for treatment on a Redevelopment project; b. Unfavorable or unsta- ble soil conditions at a site to attempt infil- tration; and c. Risk of ground water contamination because a known unconfined aquifer lies beneath the land surface or an existing or potential under- ground source of drinking water is less than ten (10) feet from the soil surface. As a condition for issuance a Certificate of Occupancy, the SUSMP ordinance requires the City to confirm that facility operators and/or owners build all of the BMPs shown on their approved pro- ject plans. Owners or opera- tors must also submit signed Certification Statements stat- ing that the site and all BMPs will be maintained in compli- ance with the SUSMP and any other applicable regulato- ry requirements. PASSED, APPROVED and ADOPTED this 9th day of January, 2001, by the follow- ing vote: AYES: Bowler, Dunbabin, Edgerton, Oakes, Mayor Reviczky NOES: None ABSTAIN: None ABSENT: None r LJ 2 3 4 5 6 7 8 9 10 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 ORDINANCE NO. 01-121.2 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 17.50 OF THE ZONING ORDINANCE TO ELIMINATE THE PROHIBITION OF THIRD STORY SIGNS THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: SECTION 1. The City Council held a duly noticed public hearing on December 12, 2000, to consider a proposal to amend the Zoning Ordinance to eliminate the restriction on third story signs as contained in Chapter 17.50. / SECTION 2. The Planning Commission held a duly noticed public hearing on this matter on November 21, 2000, and recommended against amending the Zoning Ordinance. SECTION 3. Based on the evidence considered at the public hearing, and the record of the decision of the Planning Commission, the City Council makes the following finding: 1, The language in Chapter 17.50 that prohibits .third story signs is somewhat ambiguous and inconsistent in its effect on sign placement. It allows wall signs on two-story buildings in some circumstances to be located higher than on three story buildings due to different floor heights and/or the height of parapet walls and architectural towers placed on two-story buildings. SECTION 4. Based on the foregoing, the City Council hereby ordains that the Hermosa Beach Municipal Code, Title 17 -Zoning, be amended as follows: 1, Amend Sections 17.50.120(G), 17.50.130(F), and Section 17.50.140(F) to read as follows: "Signs Above the First Story. Signs for businesses located above the first story may be provided, but shall be part of the total sign area allocation for the corresponding building frontage. The maximum height for upper story signs shall be twenty-eight (28) feet above the �J 2 3 4 5 6 7 8 9 10 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 1 adjacent street grade, or the uppermost portion of the second story, whichever is higher." 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 day of February, 2001, by the following vote: AYES: Dunbabin, Edgerton, Oakes, Reviczky, Mayor Bowler NOES: None ABSENT- None ABSTAIN: None (ATTEST - City Clerk. 0 ENT of the City MAYOR of the City of Hermosa Beach, California APPROVED AS TO FORM: -2- • 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. 01-1212 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 day of February, 2001 The vote was as follows: AYES: Dunbabin, Edgerton, Oakes, Reviczky, Mayor Bowler • NOES: None ABSENT- None ABSTAIN: None DATED: May 21, 2001 City Clerk 0 lJ 91 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: February 22 All in the year 2001 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, This 22nd day of February, 2001 Signature EASY READER, INC. P.O. BOX 427 832 HERMOSA AVENUE HERMOSA BEACH, CA 90254 Telephone: (310) 372-4611 Proof of Publication of: CITY OF HERMOSA BEACH HLO 1 -002 Ordinance No. O 1-1212 r6PMom o kA 1 g 1 ORDINANCE N0.01-1212 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 17.50 OF THE ZONING ORDINANCE TO ELIMI- NATE THE PROHIBITION OF THIRD STORY SIGNS THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: SECTION 1. The City Council held a duly noticed public hearing on December 12, 2000, to consider- a pro- posal.to amend the Zoning, Ordinance toeliminate eliminate the restriction on third story signs as tonin„ �ec[in Chapfei17.50. SECTIQNThe Planning _'Commission- .held_ a duly noticed public hearing on this matter on November 21, 2000, and recommended against; amending the Zoning, Ordinance. i SECTION 3 Based on thei evidence considered at the Public hearing, and the record of the decision of the Planning Commission, the City Council makes the following finding.- 1. inding:1. The language in Chapter 17.50 that Prohibits!, third story signs is somewhat' ambiguous and inconsistent in its effect on sign placement. It allows wall signs on two-story buildings in some circum- stances to be located higher than on three story buildings due to different floor heights and/or the height of parapet walls and architectural towers. placed on two-story buildings. SECTION 4 Based on the foregoing, the City Council hereby ordains that the Hermosa Beach Municipal Code, Title 17 -Zoning, "be` amended as follows: 1. Amend Sections 17.50.120(G), 17.50.130(F); and Section 17.50.140(F) to read as follows: "'Sians Above the First.Story. Signs fobusi- nesses located above the first story may be provided, but shall be part of the total sign area allocation for the corre- sponding build- ing frontage. The maximum height for upper story signs shall be twenty-eight (28) feet above the adjacent street grade, or the uppermost portion of the second story, whichever is - higher." 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 s. 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 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 day of February, 2001 by the follow- ing vote: AYES: Dunbabin, Edgerton, Oakes, Reviczky, Mayor Bowler NOES: None ABSENT: None ABSTAIN: None John Bowler PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California Attest: Elaine Doerflino CITY CLERK Approved as to Form: Michael Jenkin, CITY ATTORNEY ER February 22",2001/1-11-01-002 • ORDINANCE NO. 01-1213 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE NOISE ORDINANCE RELATIVE TO LEAF BLOWERS 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(h) of Title 8, Chapter 8.24 of the Hermosa Beach Municipal Code is amended to read as follows: "H. Leaf blowers. The use or operation or allowing the useor operation of any portable machine powered with a combustion, gasoline or electric powered engine used to blow leaves, dirt and other debris off sidewalks, driveways, lawns and other surfaces." SECTION 2. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause the summary to be published in the Easy Reader, a weekly newspaper of general circulation, published and circulated in the City of Hermosa Beach. SECTION 3. 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 27th day of February, 2001 by the following vote: AYES: Dunbabin, Edgerton, Oakes, Reviczky, Mayor Bowler NOES: None ABSENT- None ABSTAIN: ne ESI NT of the City cil and MAYOR of the City of Hermosa Beach, California ATTEST(/ AF$ROVED ASk TQ FORM: City Clerk City Attorney • 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. 01 1213 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, 2001 The vote was as follows: AYES: Dunbabin, Edgerton, Oakes, Reviczky, Mayor Bowler • NOES: None ABSENT- None ABSTAIN: None DATED: March 5, 2001 City Clerk 9 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: March 8 All in the year 2001 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, This 8th day of March, 2001 SikBiture EASY READER, INC. P.O. BOX 427 832 HERMOSA AVENUE HERMOSA BEACH, CA 90254 Telephone: (310) 372-4611 Proof of Publication of: CITY OF HERMOSA BEACH HLO 1-004 Ordinance No. 01-1213 rwww. ' x e f, o, ORDINANCE NO. 01-1213 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE NOISE ORDINANCE RELATIVE TO LEAF BLOWERS 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(h) of.Title 8, Chapter 8.24 of the Hermosa -Beach Municipal Code is amended to read as follows: "H. Leaf blow- ers. The use or operation or allowing the use or operation of any portable machine pow- ered with a combustion, gaso- line or electric powered engine used to blow leaves, dirt and other debris off sidewalks, dri- veways, lawns and other sur- faces." PriorSECTION 8. expiration of fifteen(15) days after the date of its adoption, the City Clerk shall cause the summary to be published in the Easy Reader, a weekly news- paper of general circulation, Published and circulated in the City of Hermosa Beach. SECTION 9. The City Clerk shall certify to the passage and adoption of this ordinance, shall infer 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 proceed- ings of the City Council at which'the same is passed and adopted. PASSED, APPROVED and ADOPTED this 27th day of February, 2001 by the following vote: AYES: Dunbabin, Edgerton, Oakes, Reviczky, Mayor Bowler NOES: None ABSENT None ABSTAIN: None PREM of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: Naom_ a Deputy City Clerk APPROVED AS TO FORM: Michael Jenkins City Attorney ER March 8, 2001/HL01-004 PILLD iii A n 13 2001' CITY CLERK CITY OF HERMOSA BEACH U'1 � 2 r--I LJ 2 3 4 5 6 7 8 9 10 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 01-1214 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO RECOMMEND AMENDING THE ZONING ORDINANCE REGARDING THE LIMITATIONS ON ROOFTOP ANTENNAS, SATELLITE DISHES AND SIMILAR EQUIPMENT THAT EXCEEDS THE HEIGHT LIMIT AND THE PLACEMENT AND USE OF WIRELESS COMMUNICATION FACILITIES The City Council of the City of Hermosa Beach does hereby ordain as follows: SECTION 1. The City Council held a duly noticed public hearing on April 24, 2001, to consider the recommendation of the Planning Commission to amend the Zoning Ordinance, Sections 17.04.040, 17.26.030, 17.28.020, 17.30.020 and 17.46.240, and adding Section 17.40.170, regarding regulations for rooftop antennas, satellite dishes, and similar equipment that exceeds the height limit, and the placement and use of wireless communication facilities. SECTION 2. The Planning Commission held a duly noticed public hearing on March 20, 2001, to consider amending the Zoning Ordinance, Sections 17.04.040, 17.26.030, 17.28.020, 17.30.020 and 17.46.240, and adding Section 17:40.170, regarding regulations for rooftop antennas, satellite dishes, and similar equipment that exceeds the height limit, and the placement and use of wireless communication facilities. SECTION 3. Based on the evidence considered at the public hearing, the City Council makes the following findings: 1. Section 17.46.240 addresses the issues of bulk and visibility of rooftop antennas and satellite dishes, but does not address the placement of rooftop equipment on existing buildings nonconforming to height requirements. On buildings nonconforming to height, all antenna or satellite dish equipment placed on the roof or parapet count toward the twelve (12) square foot area limitation whether or not it is visible above the existing roofline or parapet wall. 2 3 4 s 6 7 8 9 10 12 13 • 14 • is 16 17 18 19 20 21 22 23 24 25 26 PVM 28 2. The requirement to limit all antenna or satellite dish equipment placed on the roof or parapet to the twelve (12) square foot area limitation, unnecessarily precludes opportunities to provide relief to existing building nonconforming to height. 3. The Zone Code relative to rooftop antennas and other similar equipment does not take into consideration new wireless communication technology. Section 17.46.240 was originally intended to regulate satellite television dishes and wireless antennas on both residential and commercial properties. 4. Wireless communication facilities not only receive radiofrequency (RF) signals, but also relay or rebroadcast RF signals they receive, which results in the need for additional equipment as part of the communication facility, typically located on the rooftop. 5. Due to the number of new building permit applications for such facilities, discretionary review should be required for all future wireless communication facility proposals. 6. Because of the commercial nature of wireless communication facilities, such uses should be limited to the commercial zones (C-1, C-2 & C-3), open space zones (O- S) co -located with public governmental buildings or schools, and industrial zones (M-1). SECTION 4. Based on the foregoing, the City Council hereby ordains that the Hermosa Beach Municipal Code, Title 17 -Zoning, be amended as follows: 1. Amend Section 17.04.040 to read as follows: 17.04.040 General definitions. "Antenna" means any system of wires, poles, rods, reflecting discs or similar devices used for the transmission or reception of electromagnetic waves when such system is either external to or attached to the exterior of a structure. Antennas shall include devices having active elements extending in any direction, and directional beam -type array having elements carried by and -2- LJ 2 3 4 5 6 7 8 9 10 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 is 27 28 disposed from a generally horizontal boom that may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna. "Antenna — Building -Mounted" means any antenna, other than an antenna with its supports resting on the ground, directly attached or affixed to a building, tank, tower, building - mounted mast less than 10 feet tall above the roof ridge line and 6 inches in diameter, or structure other than a wireless communications tower. "Antenna — Directional" (also known as a "panel" antenna) transmits and/or receives radio frequency signals in a directional pattern of less than -360 degrees. "Antenna — Facade -Mounted" means an antenna that is directly attached or affixed to any fagade of a building or other structure. Also known as a building -mounted antenna. "Antenna — Ground -Mounted" means an antenna with its support structure or base placed directly on the ground, the total height of which does not exceed 14 feet, including the height of the antennas. "Antenna — Omni -directional" (also known as stick, whip, or pipe antennas) means any antenna which transmits and/or receives radio frequency signals in a 360 -degree horizontal pattern and a compressed vertical plane. For the purpose of this article, omni -directional antennas have diameters between 2 and 6 inches, and measures between 1 and 18 feet in height. "Antenna — Panel" (see "Antenna — Directional") "Antenna — Parabolic" (also known as a satellite dish antenna) means any device incorporating a reflective surface that is solid, open mesh, or bar -configured that is shallow dish, cone, horn, bowl, or cornucopia shaped and is used to transmit and/or receive electromagnetic or radio frequency communication/signals in a specific directional pattern. "Antenna — Portable" means any device used to transmit and/or receive electromagnetic or radio frequency communication/signals in a specific directional pattern, located on a portable or moveable base designed to be placed either for temporary or long-term use at a given site. "Antenna — Roof -Mounted" means an antenna directly attached or affixed to the roof, generally free-standing, of an existing building or structure other than a wireless communications tower. -3- �J 2 3 4 5 6 7 8 9 10 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 "Antenna — Vertical" means a vertical type antenna without horizontal cross-sections greater than one-half inch in diameter. "Antenna — Whip" (see "Antenna — Omni -directional") "Antenna Array" means a structure attached to a wireless communications tower that supports a wireless communications antenna or antennas. "Antenna Array Group" means more than two sets of antennas by different service providers placed on a monopole, tower, building, or other support structure or on multiple poles, towers, buildings, or other support structures on the same parcel of land or on different parcels where the antennas are located within 200 feet from each other (also known as an antenna farm). "Co -location" means a wireless telecommunications facility comprising a single wireless communications tower, monopole, or building supporting antennas owned or used by more than one wireless communications carriers. Co -location shall also include the location of wireless telecommunications facilities with other facilities such as water tanks, light standards, and other utility facilities and structures (see also Wireless Communications Facility). "Commercial Use" means a use that involves the exchange of cash, goods, or services, barter, forgiveness of indebtedness, or any other remuneration in exchange for goods, services, lodging, meals, entertainment in any form, or the right to occupy space over any period of time. "Direct Broadcast Satellite Service" (DBS) is a system in which signals are transmitted directly from a satellite to a small home receiving dish which does not exceed 18 inches in diameter. The system is commonly marketed as Digital Satellite System (DSS). DBS or DSS competes with cable television. "Federal Communications Commission" (FCC) was established by the Communications Act of 1934 as an independent United States government agency directly responsible to Congress. The Act, which has been amended over the years, charges the Commission with establishing policies to govern interstate and international communications by television, radio, wire, satellite and cable. "Monopole" is a wireless communication facility which consists of a single -pole structure or spire, erected on the ground to support wireless communication antennas and appurtenances. -4- �J 2 3 4 5 6 7 8 9 10 12 13 r� • 15 16 17 18 19 20 21 22 23 24 ' 25 26 27 28 "Public service use or facility" means a use operated or used by a public body or public utility in connection with any of the following services: water, waste water management, public education, parks and recreation, fire and police protection, solid waste management, transportation, or utilities. "Public -Right -of -Way" means and includes all public streets and utility easements, now and hereafter owner by the City, but only to the extent of the City's right, title, interest, or authority to grant a license to occupy and .use such streets and easements for wireless communications facilities. "Quasi -Public Use" means a use serving the public at large, and operated by a private entity under a franchise or other similar governmental authorization, designed to promote the interests of the general public or operated by a recognized civic organization for the benefit of the general public. "Related Equipment" means all equipment ancillary to the transmission and reception of voice and data via radio frequencies. Such equipment may include but is not limited to cable, conduit, and connectors. "Satellite Earth Station" means a wireless communications facility consisting of more than a single satellite dish smaller than 10 feet in diameter that transmits to and/or receives signals from an orbiting satellite. "Wireless Communications Facility" means a wireless facility that transmits and/or receives electromagnetic signals. It includes antennas, microwave dishes, horns, and other types equipment for the transmission or receipt of such signals, wireless communications towers, or similar structures supporting said equipment, equipment buildings, parking area, and other accessory development. "Wireless Communications Tower" means a structure more than 10 feet tall, built primarily to support one or more wireless communications antennas. 2. Amend Section 17.26.030 to read as follows: 17.26.030 C-19 C-2 and C-3 land use regulations. -5- 2 3 4 5 6 7 8 9 10 12 13 • 14 • 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (Wireless communication facility shall be added as a permitted use requiring a CUP in all commercial zones.) 3. Amend Section 17.28.020 to read as follows: 17.28.020 Permitted Uses. (M-1 Light Manufacturing Zone) (Wireless communication facility shall be added as a permitted use requiring a CUP.) 4. Amend Section 17.30.020 to read as follows: 17.30.020 Permitted Uses. (O -S Open Space Zone) (Wireless communication facility shall be added as a permitted use requiring a CUP and co - location with public governmental buildings or schools.) 5. Amend Section 17.46.240 to read as follows: 17.46.240 Antennas, satellite dishes and similar equipment. No antenna, television aerial, satellite dish or similar device as defined in Section 17.04.040 shall be erected, constructed, maintained or operated except in conformance with the following regulations: A. Purpose. To establish procedures and regulations for processing wireless service facility' applications in. all non-residential areas and to create consistency between federal legislation and local ordinances regarding amateur radio and satellite dish antennas. The intent of these regulations is to protect the public health, safety and general welfare while ensuring fairness and reasonable permit processing time. B. Applicability. 1. Antennas, television aerials, satellite dishes, similar devices or any apparatus designed or used to receive television, radio or other electronic communication signals broadcast or relayed from another location shall be regulated by this section as accessory structures as defined in this Title. 2. Wireless communication facilities shall be permitted as accessory structures as defined in this Title by Conditional Use Permit, pursuant to Chapter 17.40, in the -6- 2 3 4 5 6 7 8 9 10 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 commercial, manufacturing and open space zones, and prohibited in the residential zones as defined in this Title. 3. The following uses shall be exempt from the provisions of this Chapter until such time as federal regulations are repealed or amended to eliminate the necessity of the exemption: a. Any antenna or such device that is one meter (39.37 inches) or less in diameter and is designed to receive direct broadcast satellite service, including direct -to -home satellite service, as defined by Section 207 of the Telecommunications Act of 1996, Title 47 of the Code of Federal Regulations, and any interpretive decisions thereof issued by the Federal Communications Commission; b. Any antenna or such device that is two meters (78.74 inches) or less in diameter located in a commercial or industrial zone and is designed to transmit or receive Radio Communication by Satellite Antenna; C. Any antenna or such device that is one meter (39.37 inches) or less in diameter or diagonal measurement and is designed to receive Multipoint Distribution Service, provided that no part of the Antenna Structure extends more than twelve feet (12') above the principal building on the same lot. C. Location of Device. 1, Except as herein provided, no such device shall be allowed to exceed the height limit applicable in the zone in which the device is located. The height limit in any particular zone shall apply whether or not the device is placed on the roof or in the rear yard. For the purposes of this chapter, all such devices placed upon a roof shall be combined for measurement. The surface area of the device shall be measured at its maximum projection above the height limit. 2. Said devices shall be allowed to exceed the height limit only to the extent that the surface area of the device on its widest side shall not exceed twelve (12) square feet of surface area over the height limit, but in no event to exceed fifteen -7- 2 3 4 s 6 7 8 9 10 12 13 • 14 LI 15 16 17 18 19 20 21 22 23 24 25 26 O#M 28 (15) feet above the highest point of the building. The surface area measurement shall only include measurement of the surface area of the device that exceeds the applicable height limit. It shall not include the surface area of the device below the height limit. For a device placed on the rooftop of an existing building nonconforming to the height limit, the surface area measurement shall only include measurement of the surface area of the device that exceeds the height of the existing roof or parapet wall, whichever is greater. 3. Such devices shall be located and designed to reduce visual impact from surrounding properties and from public streets and shall be screened in a manner compatible with existing architecture and/or landscaping. However, no screening shall be required which blocks the ability of any such device to receive signals. Based on a determination by the community development director or his designee, screening of a type and construction compatible with the architecture of the building in question may be required. 4. All devices regulated under this section and the construction and installation thereof shall conform to applicable city building code, zoning code, and electrical code regulations and requirements. 5. Such devices shall meet all manufacturer's specifications, and all antennas and screens shall be fire -resistive and of corrosive resistant material, and shall be erected in a secure, wind resistant manner. They shall also be maintained in good condition. 6. Every such device shall be adequately grounded for protection against a direct strike of lightning. 7 No building permit shall be issued until there is filed with the city a site plan and building elevations showing conformance with this section. For the purposes of this section, a building permit shall be required for all satellite dishes and for other antennas or aerials which exceed ten feet in height above the existing roof line when measured from the base of the antenna or aerial. -8- 2 3 4 5 6 7 8 9 10 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 D. Removal of Wireless Communication Facilities. 1. The applicant shall provide notification to the community development director upon cessation of operations on the site. The applicant shall remove all' obsolete or unused facilities from the site within six (6) months of termination of its lease, cessation of operations, or expiration of its permit, subject to the determination of the director of community development. Should the owner fail to effect such removal, the property owner shall be responsible for the removal of the equipment. 2. A new permit shall be required if the site is to be used again for the same purpose as permitted under the original permit, if a consecutive period of six (6) months has lapsed since cessation of operations. Any FCC licensed wireless communications carrier that is buying, leasing, or considering a transfer of ownership of an already approved facility shall submit a letter of notification of intent to the director of community development. 6. Add Section 17.40.170 to read as follows: 17.40.170 Wireless Communications Facilities. The following minimum conditions and standards which apply to the siting of a wireless communications facility, in addition to any other deemed necessary or appropriate to ensure compatibility with existing or future uses in the vicinity, may be required. A. Application Requirements. 1. Each application shall contain a brief narrative accompanied by written documentation that explains and validates the applicant's efforts to locate the facility in accordance with the Screening and Site Selection Guidelines set forth in this Section. 2. Each application shall contain a narrative that discloses the exact location and nature of any and all existing facilities that are owned (including publicly owned structures), operated or used by the applicant and located within five (5) miles from the geographic borders of the City of Hermosa Beach. -9- 2 3 4 5 6 7 8 9 10 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. Each application shall contain a narrative and scaled map(s) that precisely disclose the geographic area(s) within the City of Hermosa Beach that -are proposed to be serviced by the proposed facility, the geographic area(s) bordering the City of Hermosa Beach, if any, that will be serviced by the proposed facility, the nature of the service to be provided or purpose of the facility, the reasons, if any, why the applicant cannot locate the facility_outside the City of Hermosa Beach, and the efforts, if any, that applicant has made to locate the facility outside the City of Hermosa Beach. 4. Notwithstanding any permit that may be granted in accordance with this Section, the facility shall be erected, located, operated and maintained at all times in compliance with this Section and all applicable laws, regulations and requirements of the Building Code, and every other code and regulation imposed or enforced by the City of Hermosa Beach, the State of California, and the United States Federal Government. Applicants are separately required to obtain all applicable building and construction permits that may be required prior to erecting or installing the facility. 5. Each wireless communications carrier applicant shall provide a letter to the director of community development stating willingness to allow other carriers to co - locate on their facilities wherever feasible or a written explanation why the subject facility is not a candidate for co -location. 6. An RF Environmental Evaluation Report must be prepared by the applicant indicating that the proposed wireless communications facility meets FCC regulations and standards for construction, maintenance and operations. Ten days after installation and every two years thereafter, the telecommunications service provider must submit a certification report, attested to by a licensed engineer expert in the field of RF emissions, that the facility is compliant with the applicable FCC regulations for RF emissions. 10- 2 3 4 5 6 7 8 9 10 12 13 • 14 t 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 Approval of the project.is subject to the Planning Commission making a finding that the proposed site results in fewer or less severe environmental impacts than any feasible alternative site. The City may require independent verification of this analysis at the applicant's expense. The intention of the alternatives analysis is to present alternative. strategies which would minimize the number or size and adverse environmental impacts of facilities necessary to provide the needed services to the City and surrounding areas. B. Design and Development Standards. 1, The facility shall not bear any signs or advertising devices other than certification, public safety, warning, or other required seals or required signage. 2. Any and all accessory equipment, or other equipment associated with the operation of the facility, including but not limited to transmission cables, shall be located within a building, enclosure, or underground vault in a manner that complies with the development_standards of the zoning district in which such equipment is located. In addition, if equipment is located above ground, it shall be visually compatible with the surrounding buildings and either (1) shrouded by sufficient landscaping to screen the equipment from view, or (2) designed to match the architecture of adjacent buildings. If no recent and/or reasonable architectural theme is present, the Planning Commission may require a particular design that is deemed by the Commission to be suitable to the subject location. 3. The facility exterior shall be comprised of.non-reflective material(s) and painted or camouflaged to blend with surrounding materials and colors. 4. Any screening used in connection with a wall mounted and/or roof mounted facility shall be compatible with the architecture, color, texture and materials of the building or other structure to which it is mounted. 5. The facility shall be placed to the centermost location of the roof top to screen it from view from the street and adjacent properties. r-7 LA 2 3 4 s 6 7 8 9 10 12 13 . 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. The facility shall not be permitted on residentially zoned property. 7 The facility shall not include the use or installation of a monopole. C. Setback Requirements. The facility shall, be considered an accessory structure. If the facility is located within two hundred (200) feet of a residential use, then the facility shall comply with the setback requirements for such zone. In all other instances, the extent of compliance with the setback requirements for the zone in which the facility is located shall be considered, in accordance with the following guidelines, by the City in connection with its processing of any facility permit. D. Screening and Site Selection Guidelines. In addition to the above requirements the following guidelines shall be considered by the City in connection with its processing of any facility permit: 1, The extent to which the proposed facility blends into the surrounding environment or is architecturally integrated into a concealing structure, taking into consideration alternate sites that are available. 2. The extent to which the proposed facility is screened or camouflaged by existing or proposed new topography, vegetation, buildings, or other structures. 3. The total size of the proposed facility, particularly in relation to surrounding and supporting structures. 4. The availability of suitable alternative locations for the facility. 5. Preference shall be given to facilities located on publicly owned structures, co -location and shared sites. 6. Preference shall be given to sites which are not located along primary street frontage, front yard areas or adjacent to residential uses. 7 Whenever possible, wireless communication facilities should be located on existing buildings, existing poles, or other existing support structures. 12- �J 2 3 4 5 6 7 s 9 10 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2s E. Lease of public property. 1, Any lease of City property for the purpose of erecting a wireless communication facility shall require a negotiated lease agreement or other written license granted by the City. The existence of a lease agreement or license shall not relieve the applicant of any obligations to obtain appropriate permits as required by this section. 2. The City Council, by resolution following a public hearing, may approve a list of sites located on existing City property or within the public rights-of-way which are approved for major facilities. Each site shall include a description of permissible development and design characteristics, including but not limited to maximum height requirements. The City shall make such resolution available to all persons upon request. The approved list of locations may be subsequently amended by the City Council by resolution from time to time. 3. All proposed facilities to be located on a City property site which is preapproved in accordance with the requirements of this section following an effective date of the ordinance codified in this section may be approved subject to a Conditional Use Permit and any additional or different requirements made applicable by this section. All leases of any City property that is pre -approved in accordance with the requirements of this section shall be nonexclusive. The operator of a facility located on such public property shall make the supporting structure of the of the facility available to any other provider wishing to co -locate to the extent technically feasible. 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. The City Council does hereby designate the City Attorney to prepare a summary of this ordinance to be published pursuant to Government Code Section 36933 (c) (1) in 13- 2 3 4 5 6 7 8 9 10 12 13 • 14 15 16 17 18 19 20 2"- 22 23 24 25 26 27 28 lieu of the full text of said ordinance. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause the summary to be published in the Easy Reader, a weekly newspaper of general circulation, published and circulated in the City of Hermosa Beach. 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 day of May, 2001, by the following vote: AYES: Edgerton, Oakes, Reviczky, Mayor Bowler NOES: Dunbabin ABSENT- None ABSTAIN: None ATTEST: City Clerk R of the City of Hermosa Beach, California 14- APPROVED AS TO FORM: • 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. 01-1214 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 day of May, 2001. The vote was as follows: AYES: Edgerton, Oakes, Reviczky, Mayor Bowler • NOES: Dunbabin ABSENT• None ABSTAIN: None DATED: May 21, 2001 City Clerk Cl PROOF OF PUBLICATION Proof of Publication of: (2015.5C.C.P.) CITY OF HERMOSA BEACH STATE OF CALIFORNIA, County of Los Angeles, HLO 1 -012 I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years Summary of Ordinance 01-1214 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 cally permitted in all zones of ABSTAIN: None WEEKLY in the City of HERMOSA BEACH, the City. Antennas that are two meters or less in diameter ABSENT: None County of Los Angeles, and which newspaper has are similarly automatically John L. Bowler been adjudged a newspaper of general circulation by Permitted in the commercial and industrial zones. Building PRESIDENT of the City Council and Mayor of the City the Superior Court of the County of Los Angeles, permits are required when the of Hermosa Beach, California State of California, under the date of October 24, dish is ten feet higher than the existing roof line. ATTEST: Elaine_ Do_ erflino 1972, Case Number SWC 22940, that the notice, of Antennas designed to pro. CITY CLERK which the annexed is a printed copy (set in type not vide cellular telephone service are prohibited in the residen. APPROVED AS TO FORM: Michael Jenkins smaller that nonpareil), has been published in each tial zones, and are permitted CITY ATTORNEY regular and entire issue of said newspaper and not in in the commercial and indus- trial zones with a conditional---- ER May 17,2001/1-11-01.012 any supplement thereof on the following dates, to-- r.aMo. use permit, subject to certainheight wit: =o e g lo' limitations. In no event may such an antenna exceed fifteen (15) feet above the highest point of the building MAY 17 The following summary of on which it is located. These Ordinance No. 00-1214 was prepared by antennas are subject to other design and operational stan- All in the year 2001 Michael Jenkins, the City Attorney of dards, to minimize their visibil- the City of Hermosa Beach. ity and to assure they are installed and operate safely. Summary of Ordinance Free-standing monopoles are prohibited. I certify (or declare) under penalty of perjury that No. 01-1214 The ordinance also estab- gong the fore oin is true and correct. Ordinance No. 01-1214 is lishes procedures for the pro - a comprehensive ordinance set- cessing of applications for the installation of cellular anten- ting forth regulations and stan. nas. dards governing the place - Dated at HERMOSA BEACH, CALIFORNIA, ment of satellite dishes and PASSED, APPROVED and cellular antennas in the City ADOPTED this 8th day of MAY it, 2001k consistent with federal law. The ordinance provides that May, 2001, by the following satellite dishes one meter or less in diameter and designed vote: AYES: Edgerton, Oakes, to receive direct broadcast Reviczky, Mayor Bowler ignat e satellite service are automati- NOES: Dunbabin, EASY READER, INC. P.O. BOX 427 832 HERMOSA AVENUE HERMOSA BEACH, CA 90254 Telephone: (310) 372-4611 t' 8 m Ay 2 2 2001 CHE CLERK 1, CfrY OF HERM(3SA BEACH p� Ul �� • sa,o `1 0 �J 2 3 4 5 6 7 8 9 10 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 01-1215 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING ORDINANCE REGARDING ARCHITECTURAL ENCROACHMENTS INTO REQUIRED YARDS The City Council of the City of Hermosa Beach does hereby ordain as follows: SECTION 1. The City Council held a duly noticed public hearing on April. 24, 2001, to consider the recommendation of the Planning Commission to amend the Zoning Ordinance, Section 17.46.070, regarding exceptions for architectural encroachments into required yards SECTION 2. The Planning Commission held a duly noticed public hearing on March 20, 2001, and made recommendations to amend Zoning Ordinance, Section 17.46.070, to modify the limitations on exceptions that allow architectural encroachments into required yards. SECTION 3. Based on the evidence considered at the public hearing, the City Council makes the following findings: 1, Section 17.46.070 provides exceptions to yard requirements for certain types of architectural projections in order to allow architectural relief to buildings, and includes limitations on the size, spacing, and clearance from property lines for these architectural projections. 2. The requirement to limit bay window encroachments in the front yard to no closer than 3 feet from the front property line, and other encroachments to no closer than 30 inches, unnecessarily precludes opportunities to provide relief to existing building with nonconforming front yards of less than five feet. X SECTION 4. Based on the foregoing, the City Council hereby ordains that the Hermosa Beach Municipal Code, Title 17 -Zoning, be amended as follows: 1, Amend Section 17.46.070 to read as follows: 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "17.46.070 Architectural encroachments into required yards. Required yard areas shall be unobstructed from ground to sky except specifically allowed as follows: A. Cornices, eaves, belt courses, sills and buttresses may encroach into any required yard area not more than thirty (30) inches, provided that in no case may such encroachments be closer than thirty (30) inches to any lot line. B. Bay windows, greenhouse windows and similar windows which are no wider than eight feet, spaced a minimum of ten feet apart, and which do not create additional floor area may encroach to within three feet of the side or rear lot line, and thirty (30) inches -from -the front lot line, but in no case shall the depth of such windows be more than thirty (30) inches. C. Pilasters, columns and chases for mechanical equipment which have a depth of six inches or less, a width of one foot or less, may encroach, but in no case shall such encroachment be closer than thirty (30) inches to the lot line. D. Encroachments into required yards not listed above which are determined to be architectural projections by the Planning Commission shall be a minimum of ten feet apart." 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 -2- LJ 2 3 4 5 6 7 8 9 10 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 day of May, 2001, by the following vote: AYES: Dunbabin, Edgerton, Oakes, Reviczky, Mayor Bowler NOES: None ABSTAIN• None ABSE None IDENT of ATTEST - City Clerk Council and MAYOR of the City of Hermosa Beach, California APPROVED AS TO FORM: -3- • 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. 01-1215 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 day of May, 2001 The vote was as follows: AYES: Dunbabin, Edgerton, Oakes, Reviczky, Mayor Bowler • NOES: None ABSENT- None ABSTAIN: None DATED: May 21, 2001 City Clerk • 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: MAY 17 All in the year 2001 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, MAY 18, 2001 �1 d4- -igna re EASY READER, INC. P.O. BOX 427 832 HERMOSA AVENUE HERMOSA BEACH, CA 90254 ,„ Telephone: (310) 372-4611 Proof of Publication of: CITY OF HERMOSA BEACH HLO1-013 ORDINANCE 01-1215 ZONING Architectural Encroachments to no closer than 30 inches, unnecessarily precludes opportunities to provide relief to existing building with non- conforming front yards of less than five feet. SECTION 4. Based on the foregoing, the City Council hereby ordains that the. Hermosa Beach Municipal Code, Title 17 -Zoning, be amended as follows: r`A "goo o �a :o ORDINANCE NO. 01-1215 AN ORDINANCE OFTHE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING ORDINANCE REGARDING ARCHITECTURAL ENCROACHMENTS INTO REQUIRED YARDS The City Council of the City of Hermosa Beach does here- by ordain as follows: SECTION 1. The City Council held a duly noticed public hearing on April 24, 2001, to consider the recom- mendation of the Planning Commission to amend the Zoning Ordinance, Section 17.46.070, regarding excep- tions for architectural encroachments into required yards SECTION 2. The Planning Commission held a duly noticed public hearing on March 20, 2001, and made - recommendations to amend Zoning Ordinance, Section 17:46.070, to modify the limita- tions on exceptions that allow architectural encroachments into required yards. SECTION 3. Based on the evidence considered at the public hearing, the City Council. makes the following findings: 1. Section 17.46.070 pro- vides exceptions to yard requirements for certain types of architectural projections in order to allow architectural relief to buildings; and includes limitations on the size, spac- ing, and clearance from prop- erty lines for these architectur- al projections. 2. The requirement to limit bay window encroachments in the front yard to no closer than 3 feet from the front property line, and other encroachments tion published and circulated, iri 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 1. Amend Section passed and adopted. 17.46.070 to read as fol- lows: PASSED, APPROVED and "17.46.070 Architectural ADOPTED this 8th day of May, encroachments into 2001, by the following vote: required yards. Required yard areas shall be unobstructed from ground to sky except specifically allowed as fol- lows: A.Cornices, eaves, belt courses, .sills and but- tresses may encroach into AYES: Dunbabin, Edgerton, Oakes, Reviczky, Mayor Bowler NOES: None ABSTAIN: None ABSENT: None any required yard area not John L. Bowler 8� MAY 2 2 ?001 es, provided that in no Council and Mayor of the City case may such encroach- of Hermosa Beach, California' ATTEST: Elaineboerfling L� CITY CLERK CrrY OF HERMOSA BEACH711 i B. Bay windows, green- APPROVED AS TO FORM: 1/ Michael Jenkins lar windows which are no CITY ATTORNEY wider than eight feet Proof of Publication of: CITY OF HERMOSA BEACH HLO1-013 ORDINANCE 01-1215 ZONING Architectural Encroachments to no closer than 30 inches, unnecessarily precludes opportunities to provide relief to existing building with non- conforming front yards of less than five feet. SECTION 4. Based on the foregoing, the City Council hereby ordains that the. Hermosa Beach Municipal Code, Title 17 -Zoning, be amended as follows: r`A "goo o �a :o ORDINANCE NO. 01-1215 AN ORDINANCE OFTHE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING ORDINANCE REGARDING ARCHITECTURAL ENCROACHMENTS INTO REQUIRED YARDS The City Council of the City of Hermosa Beach does here- by ordain as follows: SECTION 1. The City Council held a duly noticed public hearing on April 24, 2001, to consider the recom- mendation of the Planning Commission to amend the Zoning Ordinance, Section 17.46.070, regarding excep- tions for architectural encroachments into required yards SECTION 2. The Planning Commission held a duly noticed public hearing on March 20, 2001, and made - recommendations to amend Zoning Ordinance, Section 17:46.070, to modify the limita- tions on exceptions that allow architectural encroachments into required yards. SECTION 3. Based on the evidence considered at the public hearing, the City Council. makes the following findings: 1. Section 17.46.070 pro- vides exceptions to yard requirements for certain types of architectural projections in order to allow architectural relief to buildings; and includes limitations on the size, spac- ing, and clearance from prop- erty lines for these architectur- al projections. 2. The requirement to limit bay window encroachments in the front yard to no closer than 3 feet from the front property line, and other encroachments tion published and circulated, iri 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 1. Amend Section passed and adopted. 17.46.070 to read as fol- lows: PASSED, APPROVED and "17.46.070 Architectural ADOPTED this 8th day of May, encroachments into 2001, by the following vote: required yards. Required yard areas shall be unobstructed from ground to sky except specifically allowed as fol- lows: A.Cornices, eaves, belt courses, .sills and but- tresses may encroach into AYES: Dunbabin, Edgerton, Oakes, Reviczky, Mayor Bowler NOES: None ABSTAIN: None ABSENT: None any required yard area not John L. Bowler more than thirty (30) inch- PRESIDENT of the City es, provided that in no Council and Mayor of the City case may such encroach- of Hermosa Beach, California' ATTEST: Elaineboerfling ments be closer than thir- ty (30) inches to any lot CITY CLERK line. B. Bay windows, green- APPROVED AS TO FORM: house windows and simi- Michael Jenkins lar windows which are no CITY ATTORNEY wider than eight feet ER May 17, 2001 /HL01 -013 spaced a minimum of ten `— feet apart, and which do not create additional floor area may encroach to within three feet of the side or rear lot line, and thirty (30) inches from the front lot line, but in no case shall the depth of such windows be more than thirty (30) inches. C. Pilasters, columns and chases for mechanical equipment which have a depth of six inches or less, a width of one foot or less, may encroach, but in no case shall such encroach- ment be. closer than thirty (30) inches to the lot line. D. Encroachments into required yards not listed above which are deter- mined to be architectural projections by .the Planning Commission shall be a minimum of ten feet apart" 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- 2 3 4 5 6 7 8 9 10 12 13 • 14 • 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 01-1216U AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, EXTENDING A MORATORIUM ON CONVERSION OF OFFICE AND RETAIL USE TO RESTAURANT USE IN THE DOWNTOWN AREA, AND DECLARING THE URGENCY THEREOF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Moratorium extended. The moratorium established by Ordinance NO. 00-1208-U, adopted on November 14, 2000, and extended on December 12, 2000 by Ordinance No. 00-1210, is hereby further extended pursuant to Government Code Section 65858 for a period of one year to November 13, 2002. SECTION 2. Penalty. 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. Statement of Purpose and Urgency Findings. The City of Hermosa Beach is conducting studies relative to the appropriate distribution of commercial uses in the geographic area described in Exhibit A to Ordinance No. 00-1208-U, and in particular, to determine whether there exists an overconcentration of restaurants in that area to the detriment of other commercial activity. The purpose of this study and any subsequent legislation is to attain the goal of a healthy and diverse downtown business climate in which a wide array of businesses 2 3 4 5 6 7 s 9 10 12 13 r� 15 16 17 18 19 20 21 22 23 24 25 26 •27-- 28 7/2s may thrive. Pending such studies, and the preparation and adoption of the appropriate zoning regulations, it is necessary for the immediate preservation of the public peace, health, safety and welfare that existing and/or new restaurants not capture an even greater share of finite commercial space, which would defeat the very purpose of adopting an ordinance that seeks commercial and retail diversification; consequently, it is necessary that this ordinance take effect immediately. If this ordinance does not take effect immediately, actions might be undertaken which may be in conflict with the ordinance ultimately adopted and commercial square footage may become committed in a way so as to undermine the very purpose of that ordinance. Due to the foregoing circumstances, there is a current and immediate threat to the public health, safety, and welfare. Therefore, it is necessary for the preservation of the public peace, health, safety and welfare that this ordinance take effect immediately. This ordinance is an interim ordinance and shall expire in one year after the adoption thereof. This is an interim measure, adopted pursuant to the authorization of State law in order to maintain the status quo pending the completion of the studies and adoption of amended zoning regulations, or sooner. It is not a final disposition as to development of any particular parcel of property within the City. PASSED, APPROVED and ADOPTED this 13th day of November, 2001 by the following vote: AYES: Edgerton, Oakes, Reviczky, Mayor Dunbabin NOES: Bowler ABSENT- None ABSTAIN: None PRESIDENT of the1 y Council and MAYOR of the City of Hermosa Beach, California i ATTEST- PROVED AS O ORM: City Clerk 1ty Attorney -2- 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. 01-1216-U 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 13th day of November, 2001, The vote was as follows: • AYES: Edgerton, Oakes, Reviczky, Mayor Dunbabin NOES: Bowler ABSENT- None ABSTAIN: None DATED: November 14, 2001 City Clerk C, 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 ORDINANCE NO. 02-1217 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 17.46.130C OF THE ZONING ORDINANCE TO CHANGE THE REQUIREMENT FOR A BUILDING PERMIT FOR WALLS AND FENCES FROM 36 INCHES OR MORE IN HEIGHT TO 42 INCHES OR MORE IN HEIGHT THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council held a duly noticed public hearing on January 22, 2002, to consider amendments to the Zoning Ordinance regarding the height of fences requiring a building permit, at which testimony and evidence, both written and oral, was presented to and considered by the Council. SECTION 2. The Planning Commission held a duly noticed public hearing September 18, 2001, and recommended amending Section 17.46.130c of the Zone Code changing the requirement for a building permit for walls and fences from 36 inches or more in height to 42 inches or more in height. SECTION 3. Based on the evidence considered at the public hearing, the City Council makes the following findings: 1, The Zoning Ordinance allows wall/fences a maximum of 42 inches in height in the front setback of residentially zoned property. 2. Requiring a building permit for walls/fences 42 inches in height is consistent with other requirements for fences in front yards of residentially zoned property. 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 this modification may have a significant effect on the environment. 2 3 4 5 6 7 8 9 10 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 SECTION 4. Based on the foregoing, the City Council hereby ordains that the Hermosa Beach Municipal Code, Title 17 -Zoning, be amended as follows: 1, Amend Chapter 17.46, Section 17.46.130C pertaining to building permit requirement, to read as follows: "No fence or wall 42 inches or greater in height shall be constructed without first obtaining a building permit." 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 thisl2th day of February, 2002 by the following vote: AYES: Edgerton, Keegan, Reviczky, Yoon, Mayor Dunbabin NOES: None ABSENT- None ABSTAIN: None ATTEST - City Clerk oethe City Council and MAYOR of the City of Hermosa Beach, California APPROVED AS TO FORM: -2- • 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. 02-1217 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 day of February, 2002, and said ordinance was published in the Easy Reader newspaper on February 21, 2002, The vote was as follows: AYES: Edgerton, Keegan, Reviczky, Yoon, Mayor Dunbabin NOES: None ABSENT- None ABSTAIN: None DATED: February 21, 2002 City Clerk 0 2 3 4 5 6 7 8 9 10 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 02-1218 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 17.46.152 OF THE ZONING ORDINANCE TO CHANGE THE FRONT YARD REQUIREMENTS ON THROUGH LOTS BETWEEN THE STRAND AND THE SERVICE ROAD PARALLEL TO HERMOSA AVENUE APPROXIMATELY BETWEEN 27TH STREET AND 35TH STREET The City Council of the City of Hermosa Beach does hereby resolve and order as follows: SECTION 1. The City Council held a duly noticed public hearing on April 9, 1 2002, to consider the recommendation of the Planning Commission to amend the Zoning Ordinance regarding front yard requirements on through lots between the Strand and the service road parallel to Hermosa Avenue between 27th Street and 35th Street. SECTION 2. The Planning Commission held a duly noticed public hearing on February 19, 2002, to consider amendments to the Zoning Ordinance regarding front yard requirements on through lots between the Strand and the service road parallel to Hermosa Avenue between 27th Street and 35th Street, and recommended approval of the amendment as proposed by staff. SECTION 3. Based on the evidence considered at the public hearing, the City Council makes the following findings: 1, There is a unique and inequitable development standard created for through lots between the Strand and Hermosa Avenue, north of 27" Street, due to the requirement to provide front yards along the Strand and Hermosa Avenue. 2. In order to maintain a uniform setback for through lots located on the service road parallel to Hermosa Avenue from approximately 27"' Street northward, the subject lots should be exempt from having to provide a second front yard on Hermosa' Avenue and maintain the Strand as the required front yard. 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 • • 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 15061(3) of the CEQA Guidelines, as there is no possibility that this modification may have a significant effect on the environment. SECTION 4. Based on the foregoing, the City Council hereby recommends that the Hermosa Beach Municipal Code, Title 17 -Zoning, be amended as follows: 1, Amend Section 17.46.152 to read as follows: "17.46.152 Front Yard Requirements for Through Lots. A. The required front yard on "through lots", as defined herein, shall be provided on the street frontage where the majority of the existing dwelling units on the block are fronting. B. The following list indicates which frontage is designated the front yard for various blocks with through lots: Ttirough`Lots Located Between Front Yard Shall Be Provided On _ �v Ava Avenue andA�rdmore Avenue Avenue x�� __ .:._ -% W tax �, N Ava Avenue ands Springfield Street - Springfield Avenue Barney Court andMeyer Court Barney Court `'": Bonnie Brae Street and Campana Street Bonnie Brae Street zMontereyxBouleuard and Culper Court s�IVlonterey Boulevard ° ; -=w Monterey' Boulevard and Loma Drwe Monterey Boulevard j- ,Monterey Bouleuardand Morningside Dr MontereyBouleuard' 15th Place and 16thSt- (E of Mira Street) 15th Place X w `n Bbth�The Stran "and Hermosa Avenue uh� , �� �.The.Strand °and'�Hermosa Avenue`"`,. �'' ::r �' (See``ExceptionfBelow) r Exception for The Strand/Hermosa Avenue Through Lots: New developments shall be required to provide front yards on both The Strand and Hermosa Avenue. For -2- LJ 2 3 4 5 6 7 8 9 10 12 13 0 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 existing developed properties and remodeling and expansion projects thereon, The Strand shall be designated the front yard. For the purposes of calculating required open space in the various residential zones, the Strand front yard area may be counted towards the open space requirement. The lots facing the service road located parallel to Hermosa Avenue approximately between 27th Street and 35th Street shall not be required to provide a front yard on 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 23rd day of April, 2002 by the following vote: AYES: Edgerton, Keegan, Reviczky, Yoon, Mayor Dunbabin NOES: None ABSENT- None ABSTAIN: None PRESIDENT df the City Council and MAYOR of the City of Hermosa Beach, California ATTEST - City Clerk -3- APPROVED AS\ TO FORM: City Attorney 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. 02-1218 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 day of April, 2002, and said ordinance was published in the Easy Reader newspaper on May 2, 2002. The vote was as follows: . AYES: Edgerton, Keegan, Reviczky, Yoon, Mayor Dunbabin NOES: None ABSENT- None ABSTAIN: None DATED: May 2, 2002 City Clerk EASY READER, INC. P.O. BOX 427 832 HERMOSA AVENUE HERMOSA BEACH, CA 90254 Ph: 310 372-4611 Fax: 310 318-6292 Fax Modem 310 372-3325 Easyreader(a),earthlink.net 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: May 2 ALL IN THE YEAR 2002 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signed at HERMOSA BEACH, CALIFORNIA, This 2nd day of May, 2002 Beverly Mo e, P4�6lerk Proof of Publication of: CITY OF HERMOSA BEACH Ordinance 02-1218 — Front Yard Setbacks, HD02-013 May 2, 2002 Easy Reader CITY OF HERMOSA BEACH r...Mo� ORDINANCE NO. 02-1218 ° ` AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 17.46.152 OF THE ZONING ORDINANCE TO CHANGE THE FRONTYARD REQUIREMENTS ON THROUGH LOTS BETWEEN THE ..o, STRAND AND THE SERVICE ROAD PARALLEL TO HERMOSA AVENUE APPROXIMATELY BETWEEN 27TH STREET AND 35TH STREET The City Council of the City of Hermosa Beach does hereby resolve and order as follows: SECTION 1. The City Council held a duly noticed public hearing on April 9, 2002, to consider the rec- ommendation of the Planning Commission to amend the Zoning Ordinance regarding front yard require- ments on through lots between -the Strand and the service road parallel to Hermosa Avenue between 27th Street and 35th Street. SECTION 2. The Planning Commission held a duly noticed public he on February 19, 2062, to consider amendments to the Zoning Ordinance regarding' front yard requirements on through lots between the Strand and the service road parallel to Hermosa Avenue between 27th Street and 35th Street, and recommended approval of the amendment as proposed by staff. SECTION 3. Based on the evidence considered at the public hearing, the City Council makes the fol- lowing findings: 1. There is a unique and inequitable development standard created for through lots between the Strand and Hermosa Avenue,.north of 27th Street, due to the requirement to provide front yards along the " Strand and Hermosa Avenue. 2. In order to maintain a uniform setback for through lots located on the service road parallel to Hermosa Avenue from approximately 27th Street northward, the subject lots should be exempt from having to provide a second front yard on Hermosa Avenue and maintain the Strand as the required front yard. 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 this modification may have a significant effect on the environment. , SECTION 4. Based on the foregoing, the City Council hereby recommends that the Hermosa Beach Municipal Code, Title 17 -Zoning, be amended as follows: 1. Amend Section 17.46.152 to read as follows: "17.46.152, Front Yard Requirements for Through Lots. A. The required front yard on "through lots", as defined herein, shall be, provided on the street frontage where the majority of the existing dwelling units on the block are fronting. B. The.following list indicates which frontage is designated the front yard for various blocks with through lots: S< Through Lots L -orated Between Front Yartl Shall Be Provided On y e a T< ma Avenue ;and Ardmore Avenue Ava Avenue Ava, Ayenue',and Springfield Street ' :Spnngfield Avenue Barney Court and Meyer Court' . 'Barney Court Bonnie Brae Streerand Campana Street"` Bonnie'Brae Street:" Monterey Boulevard and Culper Court Monterey Boulevard Monterey Boulevard and. Coma D6e - Monterey Boulevard "Monterey Boulevard"andMorningside Dr. Monterey Boulevard 15th Place and"16th $t. (E: of Mi a Street)- 15th Place: The,Strand,and Hermosa Avenue Both The Strand and Hermosa Avenue (See Exception Below) Exception for The Strand/Hermosa Avenue Through Lots: New.developments shall be required to pro- vide front yards on both The Strand and Hermosa Avenue. For existing developed properties and remodeling and expansion projects thereon, The Strand shall be designated the front yard. tFor the purposes of calculating required open space in the various residential zones, the Strand front yard area may be counted towards the open space requirement. The lots facing the service road locat- ed parallel to Hermosa Avenue approximately between\7th Street and 35th Street shall not be required to provide a front yard on 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 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 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 23rd day of April, 2002 by the following vote: AYES: Edgerton, Keegan, Reviczky, Yoon, Mayor Dunbabin NOES: None ABSENT: _ None ABSTAIN: None Kathy.Dunbabin 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 ER May 2, 2002/HD02-013 2 3 4 5 6 7 s 9 10 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 02-1219 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REGARDING THE CONSTRUCTION OF PUBLIC IMPROVEMENTS AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 12.08.010 of Title 12, Chapter 12.08 of the Hermosa Beach Municipal Code is amended to read as follows: "12.08.10 General Requirement. Except as provided in Section 12.08.020, any owner, lessee or agent or any other person or persons constructing or arranging for the construction of. (a) any commercial or industrial building or residential dwelling structure, or addition thereto, exceeding four hundred (400) square feet in floor area, or (b) any accessory building greater than fifty percent (50%) of the square footage of the existing main building, shall provide for the construction of Portland cement concrete curbs, gutters and sidewalks, street pavement between the gutter and center line of the street fronting the property, and pavement between the edge of pavement and center line of any alley adjoining the property, in accordance with the standard specifications of the City Engineer." SECTION 2. Section 12.08.020 of Title 12, Chapter 12.08 of the Hermosa Beach Municipal Code is amended by adding thereto a new paragraph D. to read as follows: "D. Portland cement concrete curbs, gutters and sidewalks and street pavement already exist to the satisfaction of the City Engineer along all street and alley frontages adjoining the lot or lots on which the building or dwelling is to be constructed." SECTION 3. Section 12.16.130 of Title 12.16 of the Hermosa Beach Municipal Code is amended by amending the first paragraph thereof to read as follows: "No building permit shall be issued for construction of a new residential dwelling structure or addition thereto, exceeding four hundred (400) square 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27- 28 feet in floor area, or for the remodel of an existing residential dwelling structure valued at more than fifty percent (50%) of the replacement cost of the existing structure, until the adjacent City right-of-way is determined to be in accordance with City standards." SECTION 4. Section 12.16.150 of Title 12, Chapter 12.16 of the Hermosa Beach Municipal Code is amended by adding thereto a new paragraph to read as follows: "An encroachment permit shall expire and be of no further force and effect upon the removal of the primary building on the property." SECTION 12. 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. 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 14th day of May, 2002 by the following vote: AYES: Edgerton, Keegan, Reviczky, Yoon, Mayor Dunbabin NOES: None ABSENT- None ABSTAIN: None PRESIDENT 8f the City Council and MAYOR of the City of Hermosa Beach, California ATTEST- City Clerk -1 -2- -.,Z -. - �- Attorney ASID FORM: 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. 02-1219 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 day of May, 2002, and said ordinance was published in the Easy Reader newspaper on May 23, 2002. The vote was as follows: AYES: Edgerton, Keegan, Reviczky, Yoon, Mayor Dunbabin NOES: None ABSENT• None ABSTAIN: None DATED: May 24, 2002 City Clerk EASY READER, INC. • P.O. BOX 427 832 HERMOSA AVENUE HERMOSA BEACH, CA 90254 Ph: 310 372-4611 Fax: 310 318-6292 Fax Modem 310 372-3325 Easyreadergearthlink.net 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: May 16 ALL IN THE YEAR 2002 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signed at HERMOSA BEACH, CALIFORNIA, This 16th day of May, 2002 • Beverly Morse, rinci al Clerk Proof of Publication of: CITY OF HERMOSA Ordinance 02-1219 Public HD02-020 a 5 ,j•a"��, CITY OF HERMOSA BEACH :;eg. ORDINANCE NO. 02-1219 o r I. -, AN ORDINANCE -OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REGARDING THE CONSTRUCTION OF PUBLIC IMPROVEMENTS AND - AMENDINGGTHE: HERMOSA BEACH MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 12.08.010 of Title 12, Chapter 12.08 of the Hermosa Beach Municipal Code is amended to read as follows: "12.08.10 General Requirement. Except as provided in Section 12.08.020,, any owner, lessee or agent or any other person or .persons constructing. or arranging for the construction of: (a) any com- mercial or industrial building or residential dwelling structure, or addition thereto, exceeding four hundred (400) square feet -in floor area, or (b) any accessory build- ing greater than fifty percent_(50%) of the square footage of the existing main build- ing, shall provide for the construction of Portland cement concrete curbs, gutters and sidewalks, street pavement between the gutter and center line of the street fronting the property, and pavement between the edge of pavement and center line of any alley adjoining the property, in accordance with the standard specifications of the City Engineer" SECTION 2. Section 12.08.020 of Title 12, Chapter 12.08 of the Hermosa Beach Municipal Code is amended by adding thereto a new paragraph D. to read as follows: "D. Portland cement concrete curbs, gutters and sidewalks and street pave ment already exist to the satisfaction of the City Engineer along all street and alley . frontages adjoining the lot or lots on which the building or dwelling is to be con- structed" SECTION 3. Section 12.16.130 of Title 12.16 of the Hermosa Beach Municipal Code is amend- ed by amending the first paragraph thereof to read as follows: "No building permit shall be issued for construction of a new residential dwelling structure or addition thereto, exceeding four hundred (400) square feet in floor area, ,or for the remodel of an existing residential dwelling structure valued at more than fifty percent (500%) of the replacement cost of the existing structure, until the adja- cent City right-of-way is determined to be in accordance with City standards" SECTION 4: Section 12.16.150 of Title 12, Chapter 12:16 of the Hermosa Beach Municipal Code is amended by adding thereto a new paragraph to read as follows: "An encroachment permit shall expire and be of no further force and effect upon the removal of the primary building on the property." SECTION 12. 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. 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 14th day of May, 2002 by the following vote: AYES: Edgerton, Keegan, Reviczky, Yoon; Mayor Dunbabin NOES: None ABSENT: None ABSTAIN: None Kathy Dunbabin 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 ER May 23, 2002/HD02-020 • �J N N O 0 0 LJ 2 3 4 5 6 7 8 9 10 12 13 . 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 ORDINANCE NO. 02-1220-U AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, PROHIBITING PARTIES ADVERTISED TO THE GENERAL PUBLIC AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE, AND DECLARING THE URGENCY THEREOF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Title 9 of the Hermosa Beach Municipal Code is amended by adding thereto a new Chapter 9.28 to read as follows: "Chapter 9.28 Prohibition Against Parties Advertised and Open to the Public Sections: 9.28.10 Parties Advertised and Open to Public Prohibited 9.28.10 Parties Advertised and Open to Public Prohibited It shall be unlawful for any person to conduct or hold in any residence any party 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 other advertisement made or published, or, (3) for which a charge is made for refreshments. This section shall not apply to functions organized for a charitable, religious or political purpose." SECTION 2. The City is a popular destination and venue for parties on July 4th. During the last few years, enormous crowds have descended upon the City, straining its law enforcement resources and requiring extensive crowd management. Parties in private residences, particularly along the Strand, contribute to the law enforcement challenge, because they attract large numbers of people who consume alcoholic beverages and create noise and congestion on the Strand, the beach and adjoining public rights-of-way. The music and noise from these parties also often create a nuisance to adjoining property owners. LJ 2 3 4 5 6 8 9 10 i1 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 is 28 The City has become aware that some parties are advertised to the general public or require an admission charge or a charge for alcoholic beverages, thereby converting them into commercial venues, an activity that is illegal under the City's zoning ordinance. Further, these commercialized parties attract large numbers of people beyond the capacity of the homes, creating a potentially dangerous overcrowding condition that, when combined with alcohol consumption, leads to irresponsible and sometimes violent behavior. It is extremely difficult for law enforcement safely and effectively to manage these parties and maintain public peace and order. The 4th of July holiday will occur before this ordinance would ordinarily take effect. The immediate preservation of the public peace, health, and safety requires that this ordinance take effect immediately. In the absence of immediate effectiveness, the widespread advertising of parties to the general public and the improper use of private residences for commercial -type parties will create conditions dangerous to residents, visitors and law enforcement personnel and a nuisance to surrounding property owners. Accordingly, this ordinance is an urgency ordinance adopted pursuant to California Government Code Section 36937 and shall take effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this 28th day of May, 2002 by the following vote: AYES: Edgerton, Keegan, Reviczky, Mayor Dunbabin NOES: Yoon ABSENT- None ABSTAIN: None PRESIDENT ATTEST - City \V� City Council and MAYOR of the -2- City Attorney Hermosa Beach, California 6 TO FORM: • 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. 02-1220-U 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 28th day of May, 2002. The vote was as follows: • AYES: Edgerton, Keegan, Reviczky, Mayor Dunbabin NOES: Yoon ABSENT- None ABSTAIN: None DATED: May 29, 2002 City Clerk 0 LJ 2 3 4 5 6 7 8 9 10 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 0 28 ORDINANCE NO. 02-1220 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, PROHIBITING PARTIES ADVERTISED TO THE GENERAL PUBLIC AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Title 9 of the Hermosa Beach Municipal Code is amended by adding thereto a new Chapter 9.28 to read as follows: "Chapter 9.28 Prohibition Against Parties Advertised and Open to the Public Sections: 9.28.10 Parties Advertised and Open to Public Prohibited 9.28.10 Parties Advertised and Open to Public Prohibited It shall be unlawful for any person to conduct or hold in any residence any party 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 other advertisement made or published, or, (3) for which a charge is made for refreshments. This section shall not apply to functions organized for a charitable, religious or political purpose." SECTION 2. 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. SECTION 3. 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 • • 1 2 3 4 s 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 day of May, 2002 by the following vote: AYES: Edgerton, Keegan, Reviczky, Mayor Dunbabin NOES: Yoon ABSENT- None ABSTAIN: None PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST- APPROVED AS T FORM: City Clerk C' rney -2- • 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. 02-1220 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 day of May, 2002, and said ordinance was published in the Easy Reader newspaper on June 6, 2002. The vote was as follows: • AYES: Edgerton, Keegan, Reviczky, Mayor Dunbabin NOES: Yoon ABSENT- None ABSTAIN: None DATED: June 6, 2002 City Clerk 0 1 2 3 4 5 6 7 8 9 10 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO.. 02-1221 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTIONS 17.28.020 AND 17.44.090 TO ALLOW PARKING LOTS AND STRUCTURES AS A PERMITTED USE IN THE M-1 ZONE AND TO ALLOW NON -REQUIRED OFF-SITE PARKING THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY RESOLVE AND ORDAIN AS FOLLOWS: Section 1. The City Council held a duly noticed public hearing on July 9, 2002, to consider the recommendation of the Planning Commission to amend the Zoning Ordinance regarding adding parking lots and structures as independent permitted uses in the M-1 zone and expanding opportunities for off-site parking. Section 2. The Planning Commission held a duly noticed public hearing on March 19, 2002, to consider amendments to the Zoning Ordinance regarding adding parking lots and structures as independent permitted uses in the M-1 zone and expanding opportunities for off-site parking, and recommended approval of the amendment as proposed by staff. Section 3. Based on the evidence considered at the public hearing, the City Council makes the following findings: 1. The list of M-1 permitted uses needs to be amended to allow parking lots and structures as independent permitted uses within the M-1 districts of the city. 2. The lack of specificity within the Zoning Code in regards to required and non - required off-street parking location places an unnecessary burden on businesses that want additional parking beyond the minimum required. 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 modification to the text may have a significant effect on the environment. Section 4. Based on the foregoing, the City Council hereby amends the Hermosa Beach Municipal Code, Title 17 -Zoning, as follows: 1, Amend Section 17.28.020 to read as follows: 2 3 4 s 6 7 s 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 I'I 23 24 25 26 27 28 "Sec. 17.28.020 Permitted Uses In the following matrix, the letter "P" designates use classifications permitted and the letter "U" designates use classifications permitted by approval of a Conditional Use Permit. Use classifications not listed are prohibited. Section numbers listed under "see section" reference additional regulations located elsewhere in the Zoning Ordinance or Municipal Code. M-1 ZONE, LAND USE REGULATIONS P = Permitted U = C.U.P Required (See Article 10) USE See Section Administrative offices accessory to a primary permitted use P (listed below), not exceeding twenty-five percent of the gross floor area Artist studio P Audio/Visual recording studio P Motor Vehicle and equipment service: • General repair, service, installation of parts and accessories U er Chapter 17.40 • Body repair and painting U Chapter er 17.40 Manufacturing, fabrication, assembly, testing, repair, servicing P and processing of the following products and materials: Apparel Audio/Visual products Awnings Bakery Products Coated, plated and engraved metal products Communications Equipment Confectionery and related products Diecut paper, paperboard, cardboard, Electronic components, computers, and accessories Electric lighting and wiring equipment -2- • 1 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 USE See Section Stone and cut stone products Furniture and fixtures Glass products Household tools and hardware Jewelry, silverware, and plated ware Luggage Machinery equipment and supplies, except farm machinery Motor vehicle parts and accessories Musical instruments and parts Office and household machines and appliances Office products Paperboard containers and boxes Pharmaceutical Products Photographic and optical goods, watches and clocks Hardware, plumbing, heating equipment and supplies Pottery and related products Professional, scientific and controlling instruments Toys, amusements, sporting and athletic goods (including surfboards) Wooden containers Parking lots and/or structures P Wholesale distribution of the products and materials listed P above, and including the following: Packaged groceries and related products Warehousing and storage including self -storage mini P warehouses 2. Amend 17.44.090 to read as follows: "Section 17.44.090 Off-street Parking Location All off-street automobile parking facilities shall be located as follows: A. All required parking spaces shall be located on the same lot or building site as the use for which such spaces are provided; provided however, that such parking spaces provided for commercial, business, industrial or warehouse uses may be located on a different lot or lots, all of which are less than three hundred (300) feet -3- C, 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 2s distant from the use for which it is provided, and such lot or lots are under common ownership with the lot or building site for which such spaces are provided. Where the buildings are situated on one lot and the parking is situated on another lot, the owner shall file with the building department an affidavit recorded by the office of the Los Angeles County recorder that these lots are held in common ownership for the use specified. Such distance shall be measured along a straight line drawn between the nearest point on the premises devoted to the use served by such parking facilities and the nearest point on the premises providing such parking facilities. It is further provided that uses located within the boundaries of an established off- street parking district, organized pursuant to action by the city council, shall be waived by the requirements of this subsection." 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 a newspaper of general circulation 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 23rd day of July, 2002 by the following vote: AYES: Edgerton, Keegan, Reviczky, Yoon, Mayor Dunbabin NOES: None ABSENT- None ABSTAIN: None PRESIDENT of the ATTEST - Council and MAYOR of the City of Hermosa Beach, California Lf City Clerk City Attorney -4- OVED AS TO FORM: • 'b 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ORDINANCE NO. 02-1222 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, y AMENDING MUNICIPAL CODE SECTION 8.12.360, GARBAGE COLLECTION AND DISPOSAL - MANDATORY FEE COLLECTION, REMOVING THE ADMINISTRATIVE FEE FOR FILING AN ALTERNATIVE BILLING APPLICATION (PAYMENT BY TENANT) THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 8.12.360 (B) 6. 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 the City, and shall make minutes of the proceedings of the City Council meeting at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 13th day of August, 2002 by the following vote: AYES: Edgerton, Reviczky, Yoon, Mayor Dunbabin NOES: None ABSENT- Keegan ABSTAIN: None PRESIDENT of ATTEST - 28 11 City Clerk City Council and MAYOR of the City of AS ity Attorney Asa Beach, California FORM: r • 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. 02-1222 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 day of August, 2002, and said ordinance was published in the Easy Reader newspaper on August 22, 2002. The vote was as follows: • AYES: Edgerton, Reviczky, Yoon, Mayor Dunbabin NOES: None ABSENT- Keegan ABSTAIN: None DATED: August 22, 2002 City Clem U EASY READER, INC. 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 Ordinance 02-1222 easyreader@easyreader.info Garbage Collection HL02-014 PROOF OF PUBLICATION THE CITY COUNCIL OF Com+ (2015.5C.C.P.) o• THE CITY OF HERMOSA BEACH DOES HEREBY to a fi ORDAIN AS FOLLOWS: SECTION 1. Section 8.12.360 (B) 6. is hereby ORDINANCE NO. 02- repealed. STATE OF CALIFORNIA, 1222 SECTION 2. This ordi- County of Los Angeles. AN ORDINANCE OF THE nance shall become effective and be in full force and effect CITY OF HERMOSA from and after thirty (30) days I am a citizen of the United States and a resident of the BEACH, CALIFORNIA, of its final passage and adop- County aforesaid: I am over the age of eighteen years and AMENDING MUNICIPAL tion. SECTION 3. Prior to the not a party to or interested in the above -entitled matter. I CODE SECTION 8.12.360, GARBAGE expiration of fifteen (15) days after the date of its adoption, am the principal clerk of the printer of the BEACH COLLECTION AND DIS- the City Clerk shall cause this PEOPLE'S EASY READER, a newspaper of general POSAL MANDATORY FEE ordinance to be published in the Easy Reader, a weekly circulation, printed and published WEEKLY in the City COLLECTION, REMOV- newspaper of general circula- of HERMOSA BEACH, County of Los Angeles, and ING THE ADMINISTRA- tion published and circulated •, which .newspaper has been adjudged a newspaper of TIVE FEE FOR FILING AN ALTERNATIVE in the City of Hermosa Beach, in the manner provid- generacirculationy p ourCounty b the Superior Court of the Cnt of BILLING BYTENANILLING APPLICATION (PAYMENT SECTION 4. The City ed by law. Los Angeles, State of California; under the date of October 24 1972, Case Number SWC 22940, that the Clerk shall certify to the pas- Sage and adoption of this Kathy Dunbabin notice, of which the annexed is a printed copy (set in type ordinance, shall enter the PRESIDENT of the City not smaller that nonpareil), has been published in each same in the book of original ordinances of the City, and Council and MAYOR of the City Hermosa regular and entire issue of said newspaper and not in any shall make minutes of the of Beach, California supplement thereof on the following dates, to wit: proceedings of the City Council at which the same is ATTEST: passed and adopted. PASSED, APPROVED and Elaine Doerfling City Clerk AUQUSt 22 ADOPTED this 13th day of August, 2002 by the following vote: APPROVED AS TO FORM: ALL IN THE YEAR 2002 AYES: Edgerton, Reviczky, Michael Jenkins Yoon, Mayor Dunbabin City Attorney NOES: None ABSENT: Keegan ER August 22, 2002/ I certify (or declare) under penalty of perjury that ABSTAIN: None HL02-014 the foregoing is true and correct. _ Signed at HERMOSA BEACH, CALIFORNIA, This 22"d day of August, 2002 P-�v P�q- Beverly Morso,,Prlcipal dierk a �J 2 3 4 5 6 7 8 9 10 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 02-1223 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REGARDING PERMITTED HOURS OF CONSTRUCTION AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Subsection A of Section 8.24.050 of Title 8, Chapter 8.24 of the Hermosa Beach Municipal Code is amended to read as follows: "Permissible hours of construction. All construction for which a grading or building permit is required shall be conducted between the hours of 8:00 a.m. and 7:00 p.m., Monday through Friday (except national holidays),. and 9:00 a.m. and 5:00 p.m. Saturdays. Construction activity for which a grading or building permit is required 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 3. Section 8.24.050 of Title 8, Chapter 8.24 of the Hermosa Beach Municipal Code is amended by deleting Subsection B therefrom, relettering Subsections C, D and E as B, C and D, and adding thereto a new Subsection E to read: "E. Owner exemption. Notwithstanding the provisions of Subsection A of this section, a property owner may engage in construction activity on his or her own property on Sundays and national holidays between the hours of 10:00 a.m. and 2:00 p.m." 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. • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 i 21 22 23 24 25 26 27 28 SECTION 3. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause the summary to be published in the Easy Reader, a weekly newspaper of general circulation, published and circulated in the City of Hermosa Beach. 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 the City, and shall make minutes of the proceedings of the City Council meeting at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 22nd day of October, 2002 by the following vote: AYES: Dunbabin, Reviczky, Yoon, Mayor Edgerton NOES: Keegan ABSENT- None ABSTAIN: None the City Council and M�A*ORhf the City of Hermosa Beach, California ATTEST- APPROVED AS TQ FORM: City Clerk ity ttorney -2- 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. 02-1223 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 22nd day of October, 2002, and said ordinance was published in the Easy Reader newspaper on October 31, 2002. The vote was as follows: tAYES: Dunbabin, Reviczky, Yoon, Mayor Edgerton NOES: Keegan ABSENT- None ABSTAIN; None DATED: October 31, 2002 City Clerk 0 EASY READER, INC. 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: October 31 ALL IN THE YEAR 2002 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signed at HERMOSA BEACH, CALIFORNIA, This 31st October, 2002 9 V_C�P�� Beverly Morse, Pnncipal tlerk Proof of Publication of: CITY OF HERMOSA BEACH Ordinance 02-1223 HL02-021 October 31, 2002 ORDINANCE.NO. 02-1223 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REGARDING PERMITTED HOURS OF CONSTRUCTION AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Subsection A of Section 8.24.050 of Title 8, Chapter 8.24 of the Hermosa Beach Municipal Code is amended to read as follows: "Permissible hours of construction. .All con- struction for which a grad- ing 'or building permit is required shall be conduct- ed between the hours of 8:00 a.m. and 7:00 p.m., Monday through Friday (except national holidays), and 9:00 a.m. and 5:00 P.m. Saturdays. Construction activity for which a grading or building permit is required is pro hibited at all other hours and on Sundays and national holidays. For pur- poses of this section, "con- struction" or "construction activity" shall include site preparation, demolition, grading, excavation, and "the erection, improvement, remodeling or repair of structures, including oper- ation of equipment or machinery and the delivery of materials associated with those activities." SECTION 3. Section 8.24.050 of Title 8, Chapter 8.24 of the Hermosa Beach Municipal Code is amended by deleting Subsection _ B therefrom, relettering Subsections C, D and E as B, C and D, and adding�thereto a new Subsection E to read: "E. Owner exemption. Notwithstanding the pro- visions of Subsection A of this section, a property owner may engage in construction activity on his or her own property on Sundays and national holidays between the hours of 10:00 a.m. and 2:00 p.m." SECTION 2. 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 3., Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause the summary to be published in the Easy Reader, a weekly newspaper of general circula- tion, published and circulated in the City of Hermosa Beach. SECTION 4. 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 the City, and shall make minutes of the proceed- ings of the City Council meet- ing at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 22nd day of October, 2002 by the following vote: AYES: Dunbabin, Reviczky,Yoon, Mayor Edgerton NOES: Keegan ABSENT: None ABSTAIN:None Sam Edgerton PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: Elaine Doerfling_ City Clerk APPROVED AS TO FORM: Michel Jenkins City Attorney ER October 31, 2002/ H L02-021 2 3 4 5 6 7 8 9 10 12 13 0 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 02 -1224-U AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE STORM WATER AND URBAN RUNOFF POLLUTION CONTROL ORDINANCE TO PROVIDE STORM WATER POLLUTION CONTROL FOR PLANNING AND CONSTRUCTION OF NEW DEVELOPMENT AND REDEVELOPMENT PROJECTS AND AMENDING AND SUPPLEMENTING THE HERMOSA BEACH MUNICIPAL CODE AND DECLARING THE URGENCY THEREOF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 8.44.020 of Title 8, Chapter 8.44 of the Hermosa Beach Municipal Code is hereby amended to read as follows: "8.44.020 Findings A. The Congress of the United States (hereinafter "Congress") has determined that pollutants contained in storm water and urban runoff are responsible for the environmental degradation of oceans, lakes, rivers, and other waters of the United States. B. Congress, in 1987, amended the Clean Water Act of 1972 to reduce pollutants discharged into the waters of the United States by extending National Pollutant Discharge Elimination System (hereinafter "NPDES") requirements to regulate storm water and urban runoff' discharge into municipal storm drain systems. C. Storm water and urban runoff flows, from individual properties onto streets, then through storm drains to coastal waters along the City of Hermosa Beach. D. The City of Hermosa Beach is a co -permittee under the "Waste Discharge Requirements for Municipal Storm Water and Urban Runoff Discharges Within the County of Los Angeles, and the Incorporated Cities Therein, Except the City of Long Beach" (Order No. 01-182), NPDES Permit No. CAS00401, dated December 13, 2001, issued by the California Regional r� 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 Water Quality Control Board — Los Angeles Region, which also serves as a NPDES permit under � the Federal Clean Water Act and as a co -permittee, the city is required to implement procedures with respect to the entry of non -storm water discharges into the municipal storm water system. E. In order to control, in a cost-effective manner, the quantity and quality of storm water and urban runoff to the maximum extent practicable, the adoption of reasonable regulations, as set forth herein, is essential." SECTION 2. Section 8.44.030(C) of Title 8, Chapter 8.44 of the Hermosa Beach Municipal Code is amended to read as follows: "C. This chapter is also intended to provide the city with the legal authority necessary to control discharges to and from those portions of the municipal storm water system over which it has jurisdiction as required by the municipal NPDES permit and to hold dischargers to the municipal storm water system accountable for their contributions of pollutants and flows." SECTION 3. Section 8.44.040 of Title 8, Chapter 8.44 of the Hermosa Beach Municipal Code is hereby amended to add the following definitions in appropriate alphabetical sequence: "Construction" means constructing, clearing, grading, or excavation that results in soil disturbance. Construction includes structure teardown. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility; emergency construction activities required to immediately protect public health and safety; interior remodeling with no outside exposure of construction material or construction waste to storm water; mechanical permit work; or sign permit work. "Control" means to minimize, reduce, eliminate, or prohibit by technological, legal, contractual or other means, the discharge of pollutants from an activity or activities. "Development" means any construction, rehabilitation, redevelopment or reconstruction of any public or private residential project (whether single-family, multi -unit or planned unit development); industrial, commercial, retail and other non-residential projects, including public agency projects; or mass grading for future construction. It does not include routine maintenance -2- I L� 2 3 4 5 6 7 8 9 10 12 13 0 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 to maintain original line and grade, hydraulic capacity, or original purpose of facility, nor does it include emergency construction activities required to immediately protect public health and safety. "Directly Adjacent" means situated within 200 feet of the contiguous zone required for the continued maintenance, function, and structural stability of the environmentally sensitive area. "Director" means the Director of Public Works of the City or the Director's designee. "Discharg " means when used without qualification the "discharge of a pollutant." "Discharging Directly" means outflow from a drainage conveyance system that is composed entirely or predominantly of flows from the subject property, development, subdivision, or industrial facility, and not commingled with the flows from adjacent lands. "Discharge of a Pollutant" means: any addition of any "pollutant" or combination of pollutants to "waters of the United States" from any "point source" or, any addition of any pollutant or combination of pollutants to the waters of the "contiguous zone" or the ocean from any point source other than a vessel or other floating craft which is being used as a means of transportation. The term discharge includes additions of pollutants into waters of the United States from: surface runoff which is collected or channeled by man; discharges through pipes, sewers, or other conveyances owned by a State, municipality, or other person which do not lead to a treatment works; and discharges through pipes, sewers, or other conveyances, leading into privately owned treatment works. "Disturbed Area" means an area that is altered as a result of clearing, grading, and/or excavation. "Environmentally Sensitive Area" ("ESA") means an area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which would be easily disturbed or degraded by human activities and developments (California Public Resources Code § 30107.5). Areas subject to storm water mitigation requirements are areas designated as Significant Ecological Areas by the County of Los Angeles (Los Angeles County Significant Areas Study, Los Angeles County Department of Regional Planning (1976) and amendments); an area designated as a Significant Natural Area by the -3- r-1 LJ 2 3 4 5 6 7 8 9 10 12 13 0 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 California Department of Fish and Game's Significant Natural Areas Program, provided that area has been field verified by the Department of Fish and Game; an area listed in the Basin Plan as supporting the Rare, Threatened, or Endangered Species (RARE) beneficial use; and an area identified by the City as environmentally sensitive. "Inspection" means entry and the conduct of an on-site review of a facility and its operations, at reasonable times, to determine compliance with specific municipal or other legal requirements. The steps involved in performing an inspection, include, but are not limited to: 1. Pre -inspection documentation research; 2. Request for entry; 3. Interview of facility personnel; 4. Facility walk-through. 5. Visual observation of the condition of facility premises; 6. Examination and copying of records as required; 7 Sample collection (if necessary or required); 8. Exit conference (to discuss preliminary evaluation); and, 9. Report preparation, and if appropriate, recommendations for coming into compliance. "Maximum Extent Practicable (MEP)" means the standard for implementation of storm water management programs to reduce pollutants in storm water, including management practices, control techniques and system, design and engineering methods, and such other provisions as the Administrator or the State determines appropriate for the control of such pollutants. See also State Board Order WQ 2000-11 at page 20. "Planning Priority Projects" mean those projects that are required to incorporate appropriate storm water mitigation measures into the design plan for their respective project, including: 1, Ten (10) or more unit homes (includes single family homes, multifamily homes, condominiums, and apartments); M's 2 3 4 5 6 7 8 9 10 12 13 r� 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 2. A One Hundred -Thousand (100,000) or more square feet of impervious surface area industrial/commercial development; after March 10, 2003, one acre or more of impervious surface area industrial/commercial development; 3. Automotive service facilities (SIC 5013, 5014, 5541, 7532-7534, and 7536-7539); 4. Retail gasoline outlets; 5. Restaurants (SIC 5812); 6. Parking lots Five Thousand (5,000) square feet or more of surface area or with 25 or more parking spaces; 7 Redevelopment projects in subject categories that meet Redevelopment thresholds; 8. Projects located in or directly adjacent to or discharging directly to an ESA, which meet the thresholds described herein; and 9. Those projects that require the implementation of a site-specific plan to mitigate post -development storm water for new development not requiring a SUSMP but which may potentially have adverse impacts on post -development storm water quality, and where the following project characteristics exist: a. Vehicle or equipment fueling areas; b. Vehicle or equipment maintenance areas, including washing and repair; C. Commercial or industrial waste handling or storage; d. Outdoor handling or storage of hazardous materials; e. Outdoor manufacturing areas; f. Outdoor food handling or processing; g. Outdoor animal care, confinement, or slaughter; or h. Outdoor horticulture activities." "Project" means all development, redevelopment, and land disturbing activities. "Runoff' means any runoff including storm water and dry weather flows from a drainage area that reaches a receiving water body or subsurface. During dry weather it is typically -5- r L J 2 3 4 5 6 7 8 9 10 1-K 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 comprised of base flow either contaminated with pollutants or uncontaminated, and nuisance flows. "Significant Redevelopment" means land -disturbing activity that results in the creation or addition or replacement of 5,000 square feet or more of impervious surface area on an already developed site." "Site" means the land or water area where any "facility or activity" is physically located or conducted, including adjacent land used in connection with the facility or activity. "Storm event" means a rainfall event that produces more than 0.1 inch of precipitation in 24 hours unless specifically stated otherwise. SECTION 4. Section 8.44.040 of Title 8, Chapter 8.44 of the Hermosa Beach Municipal Code is hereby amended to substitute the following definitions for and in place of the existing definitions, as follows: "Hillside" means property located in an area with known erosive soil conditions, where the development contemplates grading on any natural slope that is twenty-five percent or greater and where grading contemplates cut or fill slopes. "Illicit discharge" means any discharge to the storm drain system that is prohibited under local, state or federal statutes, ordinances, codes or regulations. The term illicit discharge includes all non -storm water discharges except discharges pursuant to a separate NPDES permit, discharges that are identified in Part 1, "Discharge Prohibitions" of Order 01-182, and discharges authorized by the Regional Board Executive Officer. "Municipal NPDES permit" means the "Waste Discharge Requirements for Municipal Storm Water and Urban Runoff Discharges Within the County of Los Angeles, and the Incorporated Cities Therein, Except the City of Long Beach" (Order No. 01-182), NPDES Permit No. CAS00401, dated December 13, 2001, issued by the California Regional Water Quality Control Board — Los Angeles Region, and any successor permit to that permit. "NPDES permit" means any waste discharge requirements issued by the California Regional Water Quality Control Board — Los Angeles Region or the State Water Resources -6- L� 2 3 4 5 6 7 8 9 10 12 13 0 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 Control Board as an NPDES permit pursuant to Water Code Section 13370 (other than the Municipal NPDES Permit). "Redevelopment" means, on an already developed site, the creation or addition of at least five thousand (5,000) square feet of impervious surfaces, as such term is defined in the current version of the SUSMP approved by the Regional Board. Redevelopment includes, but is not limited to the following activities that meet the minimum standards set forth in this definition: (1) the expansion of a building footprint or addition or replacement of a structure; (2) structural development, including an increase in gross floor area and/or exterior construction or remodeling; (3) replacement of impervious surface that is not part of a routine maintenance activity and (4) land disturbing activities related to structural or impervious surfaces. Redevelopment does not include routine maintenance activities that are conducted to maintain original line and grade, hydraulic capacity, original purpose of facility or emergency redevelopment activity required to protect public health safety. "Restaurant" means a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption. (SIC code 5812). SECTION 5. The definition of the term "Automotive Repair Shop" set forth in Section 8.44.040 of Title 8, Chapter 8.44 of the Hermosa Beach Municipal Code is hereby repealed and the following new definition is hereby added in its place to read as follows: "Automotive Service Facilities" means a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532-7534, or 7536- 7539 (as amended). SECTION 6. Section 8.44.060(A) of Title 8, Chapter 8.44 of the Hermosa Beach Municipal Code is amended to read as follows: "A. Illicit Discharges and Connections. It is prohibited to establish, use, maintain, or continue illicit connections to the municipal storm water system, or to commence or continue any illicit discharges to the municipal storm water system. This prohibition against illicit connections -7- 2 3 4 5 6 7 8 9 10 12 13 0 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 is expressly retroactive and applies to connections made in the past but excludes improvements to real property permitted over which uncontaminated storm water runoff flows." SECTION 7. Section 8.44.060(D)(4) of Title 8, Chapter 8.44 of the Hermosa Beach Municipal Code is hereby amended to read as follows: 444. Discharges of untreated runoff to the MS4 from storage areas of materials containing grease, oil, or other hazardous substances (e.g. motor vehicle parts), and uncovered receptacles containing hazardous materials;" SECTION 8. Section 8.44.060(D)(5) of Title 8, Chapter 8.44 of the Hermosa Beach Municipal Code is hereby amended to read as follows: "5. The discharge of chlorinated/brominated swimming pool water and filter backwash;" SECTION 9. Sections 8.44.060(D)(11) and 8.44.060(D)(12) are hereby added to Title 8, Chapter 8.44 of the Hermosa Beach Municipal Code to read as follows: "11. Discharge of any food or food processing wastes; and 12. Discharge of any fuel and chemical wastes, animal wastes, garbage, batteries, and other materials that have potential adverse impacts on water quality." SECTION 10. Section 8.44.060(F) is hereby added to Title 8, Chapter 8.44 of the Hermosa Beach Municipal Code to read as follows: "F. Industrial Activities. No person shall conduct any industrial activity in the city without obtaining all permits required by state or federal law, including a NPDES general industrial activity storm water permit when required. Persons conducting industrial activities within the city shall refer to the most recent edition of the Industrial/Commercial Best Management Practices Handbook, produced and published by the Storm Water Quality Task Force, for specific guidance on selecting best management practices for reducing pollutants in storm water discharges from industrial activities." SECTION 11. The preamble of Section 8.44.080 of Title 8, Chapter 8.44 of the Hermosa Beach Municipal Code is hereby amended to substitute the following in its place: -8- 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 "Owners and occupants of property within the city shall implement Best Management Practices to prevent or reduce the discharge of pollutants to the municipal storm water system to the maximum extent practicable. Treatment and structural Best Management Practices shall be properly operated and maintained to prevent the breeding of vectors. Implementation includes, but is not limited to:" SECTION 12. Existing Section 8.44.080(B) of Title 8, Chapter 8.44 of the Hermosa Beach Municipal Code is hereby amended by adding the following sentence to the end of the subparagraph: " Sweeping and collection of debris is encouraged for trash disposal." SECTION 13. Existing Section 8.44.090 of Title 8, Chapter 8.44 of the Hermosa Beach Municipal Code is hereby amended to designate the existing provision as subparagraph "A" and to add subparagraphs B, C and D to read as follows: "A. Each industrial discharger, discharger associated with construction activity, or other discharger described in any general storm water permit addressing such discharges, as may be issued by the U.S. Environmental Protection Agency, the State Water Resources Control Board, or the Regional Board, shall comply with all requirements of such permit. Each discharger identified in an individual NPDES permit shall comply with and undertake all activities required by such permit. Proof of compliance with any such permit may be required in a form acceptable to the Authorized Enforcement Officer prior to the issuance of any grading, building or occupancy permits, or any other type of permit or license issued by the city. B. Storm water runoff containing sediment, construction materials or other pollutants from the construction site and any adjacent staging, storage or parking areas shall be reduced to the maximum extent practicable. The following shall apply to all construction projects within the city and shall be required from the time of land clearing, demolition or commencement of construction until receipt of a certificate of occupancy: 1, Sediment, construction wastes, trash and other pollutants from construction activities shall be reduced to the maximum extent practicable. -9- LJ 2 3 4 5 6 7 8 9 10 12 13 0 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 2. Structural controls such as sediment barriers, plastic sheeting, detention ponds, filters, berms, and similar controls shall be utilized to the maximum extent practicable in order to minimize the escape of sediment and other pollutants from the site. 3. Between October 1 and April 15, all excavated soil shall be located on the site in a manner that minimizes the amount of sediment running onto the street, drainage facilities or adjacent properties. Soil piles shall be bermed or covered with plastic or similar materials until the soil is either used or removed from the site. 4. No washing of construction or other vehicles is permitted adjacent to a construction site. No water from the washing of construction vehicle of equipment on the construction site is permitted to run off the construction site and enter the municipal storm water system. 5. Trash receptacles must be situated at convenient locations on construction sites and must be maintained in such a manner that trash and litter does not accumulate on the site nor migrate off site. 6. Erosion from slopes and channels must be controlled through the effective combination of Best Management Practices. C. The owner or authorized representative of the owner must certify in a form acceptable to the Director or duly authorized representative that Best Management Practices to control runoff from construction activity at all construction sites will be implemented prior to the issuance of any Building or Grading permit, D. A Local Storm Water Pollution Prevention Plan and Wet Weather Erosion Control Plan for construction sites one acre or greater shall be developed consistent with the municipal NPDES permit. Such plans must be submitted to the city for review and approval prior to the issuance of building or grading permits." 10- LJ 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 SECTION 14. Existing Section 8.44.095(A) of Title 8, Chapter 8.44 of the Hermosa Beach Municipal Code is hereby amended to read as follows: "A. Projects Requiring a SUSMP. The following projects for New Development and Redevelopment, if subject to Discretionary Project approval in the Zoning Ordinance of the City, shall require a Storm Water Mitigation Plan that complies with the most recent SUSMP and the current Municipal NPDES Permit: 1, Ten or more unit homes (includes developments of single family homes, condominiums and apartments); 2. A One Hundred Thousand (100,00) or more square feet of impervious surface area industrial/commercial development; after March 10, 2003, one acre or more of impervious surface area industrial/commercial development; 3. Automotive Service facilities (SIC 5013, 5014, 5542, 7532-7534 and 7536- 7539); 4. Retail gasoline outlets; 5. Restaurants (SIC 5812); 6. Parking lots Five Thousand (5,000) square feet or more of surface area or with twenty-five (25) or more parking spaces; 7 Redevelopment projects in subject categories that meet Redevelopment thresholds; 8. Any New Development or Redevelopment project located in or directly adjacent to or discharging directly into an Environmentally Sensitive Area (as defined herein), where the development will: a. Discharge storm water and urban runoff that is likely to impact a sensitive biological species or habitat; and b. Create 2,500 square feet or more of impervious surface area." 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 WE SECTION 15. Existing Section 8.44.095(B) of Title 8, Chapter 8.44 of the Hermosa Beach Municipal Code is hereby amended to read as follows: `B. Incorporation of SUSMP into Project Plans. 1, An applicant for a New Development or a Redevelopment Project identified in paragraph A of this Section shall incorporate into the applicant's project plans a Storm Water Mitigation Plan ("SWMP"), which includes those Best Management Practices necessary to control storm water pollution from construction activities and facility operations, as set forth in the SUSMP applicable to the applicant's project. Structural or Treatment Control BMP's (including, as applicable, post -construction Treatment Control BMP's) set forth in project plans shall meet the design standards set forth in the SUSMP and the current Municipal NPDES Permit. 2. If a Project applicant has included or is required to include Structural or Treatment Control BMP's in project plans, the applicant shall provide verification of maintenance provisions. The verification shall include the applicant's signed statement, as part of its project application, accepting responsibility for all structural and treatment control BMP maintenance until such time, if any, the property is transferred. 3. A new single-family hillside home development or Redevelopment shall include mitigation measures to: a. Conserve natural areas; b. Protect slopes and channels; C. Provide storm drain system stenciling and signage; d. Divert roof runoff to vegetated areas before discharge unless the diversion would result in slope instability; and e. Direct surface flow to vegetated areas before discharge unless the diversion would result in slope instability. 12- 2 3 4 5 6 7 8 9 10 12 13 rM1 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 4. Numerical Design Criteria: Post -construction Treatment Control BMPs for all projects must incorporate, at a minimum, either a volumetric or flow based treatment control design standard, or both, as identified below to mitigate (infiltrate, filter or treat) storm water runoff: a. Volumetric Treatment Control BMP i. The 85th percentile 24-hour runoff event determined as the maximized capture storm water volume for the area, from the formula recommended in Urban Runoff Quality Management, WEF Manual of Practice No. 23/ ASCE Manual of Practice No. 87, (1998); or ii. The volume of annual runoff based on unit basin storage water quality volume, to achieve 80 percent or more volume treatment by the method recommended in California Stormwater Best Management Practices Handbook — Industrial/ Commercial, (1993); or iii. The volume of runoff produced from a 0.75 inch storm event, prior to its discharge to a storm water conveyance system; or iv. The volume of runoff produced from a historical -record based reference 24-hour rainfall criterion for "treatment" (0.75 -inch average for the Los Angeles County area) that achieves approximately the same reduction in pollutant loads achieved by the 85th percentile 24-hour runoff event. b. Flow Based Treatment Control BMP i. The flow of runoff produced from a rain event equal to at least 0.2 inches per hour intensity; or .13- 2 3 4 5 6 7 8 9 10 IS 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 ii. The flow of runoff produced from a rain event equal to at least two times the 85th percentile hourly rainfall intensity for Los Angeles County; or iii. The flow of runoff produced from a rain event that will result in treatment of the same portion of runoff as treated using volumetric standards above. 5. Applicability of Numerical Design Criteria: The numeric design criteria listed above shall apply to the following categories of projects required to design and implement post -construction treatment controls to mitigate storm water pollution: a. Single-family hillside residential developments of one (1) acre or more of surface area; b. Housing developments (including single family homes, multifamily homes, condominiums, and apartments) of ten (10) units or more; C. A 100,000 square feet or more impervious surface area industrial/ commercial development; after March 10, 2003, one acre or more of impervious surface area industrial/commercial development; d. Automotive service facilities (SIC 5013, 5014, 5541, 7532-7534 and 7536-7539) [5,000 square feet or more of: surface area]; e. Retail gasoline outlets (5,000 square feet or more of impervious surface area and with projected Average Daily Traffic (ADT) of 100 or more vehicles). [Subsurface Treatment Control BMP's which may endanger public safety (i.e., create an explosive environment) are considered not appropriate]; f. Restaurants (SIC 5812) [5,000 square feet or more of surface area]; g. Parking lots 5,000 square feet or more of surface area or with 25 or more parking spaces; 14- 2 3 4 5 6 7 s 9 10 12 13 0 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 h. Projects located in, adjacent to or discharging directly to an Environmentally Sensitive Area that meet threshold conditions identified above in Section 8(a); and i. Redevelopment projects in subject categories that meet Redevelopment thresholds. 6. The following categories of Projects which otherwise do not require a SUSMP, but which may potentially have adverse impacts on post - development storm water quality, shall be designed to include post - construction Treatment Controls to mitigate storm water pollution and the implementation of a site-specific plan to mitigate post -development storm water for New Development and Redevelopment where one or more of the following Project characteristics exist: a. Vehicle or equipment fueling areas; b. Vehicle or equipment maintenance areas, including washing and repair; C. Commercial or industrial waste handling or storage; d. Outdoor handling or storage of hazardous materials; e. Outdoor manufacturing areas; f. Outdoor food handling or processing; g. Outdoor animal care, confinement, or slaughter; or h. Outdoor horticulture activities. 7 A SUSMP, or site-specific requirements, including post -construction storm water mitigation, shall be required for all Planning Priority Projects (as defined herein) that undergo Significant Redevelopment (as defined herein) in their respective categories. 8. Existing single family structures are exempt from the Redevelopment requirements set forth in this Chapter." 15- 2 3 4 5 6 7 8 9 10 12 13 0 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 SECTION 16. Existing Section 8.44.095(C) of Title 8, Chapter 8.44 of the Hermosa Beach Municipal Code is hereby amended to read as follows: "C. Issuance of Discretionary Permits. No discretionary permit may be issued for any New Development or Redevelopment Project identified in paragraph A of this Section until the Authorized Enforcement Officer confirms that the project plans comply with the applicable stormwater mitigation plans and enumerated design criteria requirements. Where Redevelopment results in an alteration to more than fifty percent (50%) of impervious surfaces of a previously existing development, and the existing development was not subject to post -development storm water quality control requirements, the entire Project must be mitigated. Where Redevelopment results in an alteration to less than fifty percent (50%) of impervious surfaces of a previously existing development, and the existing development was not subject to post -development storm water quality control requirements, only the alteration must be mitigated, and not the entire development. Existing single family structures are exempt from the redevelopment requirements." SECTION 17. Section 8.44.100(C) of Title 8, Chapter 8.44 of the Hermosa Beach Municipal Code is hereby amended to read: "C. Authority to Conduct Samplings and Establishing. Sampling Devices. With the consent of the owner or occupant or pursuant to an inspection warrant, any authorized enforcement officer may establish on any property such devices as necessary to conduct sampling and monitoring activities necessary to determining the concentrations of pollutants in stormwater and/or non-stormwater runoff. The inspections provided for herein may include but are not limited to: 1, Inspecting efficiency or adequacy of construction or post construction BMPs; 2. Inspection, sampling and testing any area runoff, soils in areas subject to runoff, and or treatment system discharges; 16- 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 0.2 3. Inspection of the integrity of all storm drain and sanitary sewer systems, including the use of smoke and dye tests and video survey of such pipes and conveyance systems; 4. Inspection of all records of the owner, contractor, developer or occupant of public or private property relating to BMP inspections conducted by the owner, contractor, developer or occupant and obtaining copies of such records as necessary; 5. Identifying points of stormwater discharge from the premises whether surface or subsurface and locating any illicit connection or discharge." SECTION 18. 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 shall not affect the validity of the remaining sections, subsections, sentences, clauses, portions, or phrases of this Ordinance. The City Council hereby 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 19. Declaration of Urgency. This Ordinance is an urgency ordinance for the immediate preservation of the public health, safety and welfare and therefore shall become effective immediately upon its adoption pursuant to Government Code section 36937 This Ordinance must be adopted and must become effective immediately in order to ensure compliance with the storm mitigation measures prescribed in the new Municipal NPDES Permit adopted by the Regional Water Quality Control Board (RWQCB) in December 2001 as part of the municipal storm water program to address storm water pollution from new development and redevelopment by the private sector. The City is required by the new Municipal NPDES Permit to modify its existing SUSMP ordinances or resolutions by August 1, 2002, to take effect no later than September 2, 2002. Failure to comply with that deadline could jeopardize the City's compliance 17- • 1 with the Permit. Accordingly, it is necessary for the protection of the public health, safety and 2 welfare that this Ordinance become effective immediately. • is 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED and ADOPTED this 13th day of August, 2002, by the following vote. AYES: Edgerton, Keegan, Reviczky, Yoon, and Mayor Dunbabin NOES: None ABSENT- None ABSTAIN: None PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST - City Clerk -18- APPROVED AS TO FORM: City Attorney • 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. 02-1224-U 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 13th day of August, 2002. . The vote was as follows: AYES: Edgerton, Keegan, Reviczky, Yoon, and Mayor Dunbabin NOES: None ABSENT- None ABSTAIN: None DATED: September 24, 2002 City Clerk 0 0* LJ r 2 3 4 5 6 7 s 9 10 12 13 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 02-1225—U AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING BY REFERENCE PART 2 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2001 CALIFORNIA BUILDING CODE; PART 3 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2001 CALIFORNIA ELECTRICAL CODE; PART 4 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2001 CALIFORNIA MECHANICAL CODE; PART 5 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2001 CALIFORNIA PLUMBING CODE; PART 9 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2001 CALIFORNIA FIRE CODE; PART 10 OF TITLE 24 OF THE C ALIFORNIA C ODE O F R EGULATIONS, C OMPRISING T HE 2 001 CALIFORNIA CODE FOR BUILDING CONSERVATION; THE 1997 EDITION OF THE UNIFORM HOUSING CODE; AND THE 1997 EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS; AMENDING SAID CODES; AND AMENDING TITLE 15 OF THE HERMOSA BEACH MUNICIPAL CODE WHEREAS, the 1997 editions of the Uniform Codes have been again adopted by the State of California Building Standards Commission, with amendments, to represent the construction regulations for all structures within California; and, WHEREAS, local amendments may be made to those Codes to address local needs; and, WHEREAS, the justification for local amendments is set forth in Resolution No. 02-6235. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. T itle 15 of the Hermosa Beach Municipal Code is amended to read as follows: "Title 15 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, 2001 Edition (Part 2 of Title 24 of the California Code of Regulations), which incorporates r- 1 L --.j 2 3 4 5 6 7 8 9 10 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 and amends the Uniform Building Code, 1997 Edition, published by the International Conference of Building Officials, including appendices, excepting Chapters 3, Division III and IV, 4, Division II, 11, 13, 21, 23, and 31 of said 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 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. 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. 15.04.020. Board of Appeals. Section 105 of said building code is hereby amended to read as follows: SECTION 105. 105.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the Director of the Community Development Department relative to the application and interpretation of this code, 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 Director of the Community Development Department 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 governing body 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 Director of the Community Development Department. 105.2 Limitations of authority. The Board of Appeals shall have no authority relative to interpretation of the administrative provisions of this code nor shall the board be empowered to waive requirements of this code. -2- 2 3 4 5 6 7 8 9 10 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 /// 105.3 Quorum 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 Council may prescribe by resolution, to employ at the cost and expense of said 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. 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 1-7 Sections 1.04.010 through 1. 12.010 of the Hermosa Beach City Code. 15.04.040. Fees. Section 107 of said building code is hereby amended to read as follows: SECTION 107. 107.1 General. Fees shall be assessed in accordance with the provisions of this section. -3- n �J 2 3 4 5 6 7 8 9 10 12 13 0 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 107.2 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 Director of the Community Development Department. 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. 107.3 Plan review fees. When a plan or other data are required to be submitted by subsection 107.2, 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 107.2 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. 107.4 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 Director of the Community Development Department. The Director of the Community Development Department may extend the time for action by the applicant for a period not exceeding one hundred eighty (180) days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No -4- t 1 2 3 4 5 6 7 8 9 10 12 13 is 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 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. 107.6 Fee refunds. (1) The Director of the Community Development Department may authorize the refunding of any fee paid hereunder which was erroneously paid or collected. (2) The Director of the Community Development Department 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 Director of the Community Development Department 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 Director of the Community Development Department 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. Security. Said building code is hereby amended by adding thereto a new chapter, designated as "Appendix Chapter 10, Security," to read as follows: APPENDIX CHAPTER 10. SECURITY. Section 1001. Purpose. The purpose of this chapter is to set forth minimum standards of construction for resistance to unlawful entry. Section 1002. Scope. The provisions of this chapter shall apply to Group A, B, E, F, H; I, 1 M, R, S and U Occupancies. Exception. The requirements shall not apply to Group U Occupancies having no openings to an attached building or which are completely detached. -5- 1 2 3 4 5 6 7 8 9 10 12 13 0 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 Section 1003. Limitations. No provisions of this chapter shall require or be construed to require locking devices on exit doors contrary to the requirements specified in Chapter 10. Section 1004. Alternate Security Provisions. The provisions of this chapter are not intended to prevent the use of any device or method of construction not specifically prescribed by this code when such alternate provides equivalent security based upon a recommendation of the Chief of Police. N Section 1005. Definitions. For the purpose of this chapter, certain terms are defined as follows: Cylinder guard is a hardened ring surrounding the exposed portion of the lock cylinder or other device which is so fastened as to protect the cylinder from wrenching, prying, cutting or pulling by attack tools. Deadlocking latch is a latch in which the latch bolt is positively held in the projected position by a guard bolt, plunger or auxiliary mechanism. Deadbolt is a bolt which has no automatic spring action and which is operated by a key cylinder, thumb turn or lever, and is positively held fast when in the projected position. Latch is a device for automatically retaining the door in a closed position upon its closing. Section 1006. Tests -Sliding Glass Doors. Panels shall be closed and locked. Tests shall be performed in the following order: 1006.1 Test A. With the panels in the normal position, a concentrated load of three hundred (300) pounds shall be applied separately to each vertical pull stile incorporating a locking device at a point on the stile within six (6) inches of the locking device, in the direction parallel to the plane of glass that would tend to open the door. 1006.2 Test B: Repeat Test A while simultaneously adding a concentrated load of one hundred fifty (150) pounds to the same area of the same stile in a direction perpendicular to the plane of glass toward the interior side of the door. -6- 2 3 4 5 6 7 8 9 10 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 1006.3 Test C: Repeat Test B with the 150 -pound force in the reversed direction towards the exterior side of the door, 1006.4 Tests D, E and F. Repeat Tests A, B and C with the movable panel lifted upwards to its full limit within the confines of the door frame. Section 1007. Tests -Sliding Glass Windows. Sash shall be closed and locked. Tests shall be performed in the following order: 1007.1 Test A. With the sliding sash in the normal position, a concentrated load of one hundred fifty (150) pounds shall be applied separately to each sash member incorporating a locking device at a point on the sash member within six (6) inches of the locking device, in the direction parallel to the plane, of glass that would tend to open the window, its full limit within the confines of the door frame. 1007.2 Test B: Repeat Test A while simultaneously adding a concentrated load of seventy-five (75) pounds to the same area of the same sash member in the direction perpendicular to the plane of glass toward the interior side of the window, to its full limit within the confines of the door frame. 1007.3 Test C: Repeat Test B with the 75 -pound force in the reversed direction towards the exterior side of the window to its full limit within the confines of the door frame. 1007.4 Tests D, E and F. Repeat Tests A, B and C with the movable sash lifted upwards to its full limit within the confines of the window frame. Section 1008. Doors -Generally. A door forming a part of the enclosure of a dwelling unit or of an area occupied by one tenant of a building shall be constructed, installed and secured as set forth in sections 1009, 1010, 1011 and 1012, when such door is directly reachable or capable of being reached from a street, highway, yard, court, passageway, corridor, balcony, patio, breezeway, private garage, portion of the building which is available for use by the public or other tenants, or similar area. A door enclosing a private garage with an interior opening leading directly to a dwelling unit shall also comply with said sections 1009, 1010, 1011 and 1012. -7- 2 3 4 5 6 7 s 9 10 12 13 i 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 2s Section 1009. Doors -Swinging. 1009.1 Swinging wooden doors, openable from the inside without the use of a key, and which are either o f h ollow c ore c onstruction o r 1 ess t han o ne and t hree-eighths ( 1 - 3/8)inches in thickness, shall be covered on the inside face with 16 -gauge sheet metal attached with screws at least six-inch maximum centers around the perimeter or equivalent. Lights in doors shall be as set forth in sections 1014 and 1015. 1009.2 A single swinging door, the active leaf of a pair of doors, and the bottom leaf of Dutch doors shall be equipped with a deadbolt and a deadlocking latch. The deadbolt and latch may be activated by one lock or by individual locks. Deadbolts shall contain hardened inserts, or equivalent, so as to repel cutting tool attack. The lock or locks shall be key -operated from the exterior side of the door and engaged or disengaged from the interior side of the door by a device not requiring a key or special knowledge or effort. Exceptions: (1) Locks may be key, or otherwise, operated from the inside when not prohibited by Chapter 10 or other laws and regulations. (2) A swinging door of width greater than five (5) feet may be secured as set forth in section 1011, A straight deadbolt shall have a minimum throw of one inch and the embedment shall be not less than five-eighths inch into the holding device receiving the projected bolt. A hook shape or expending lug deadbolt shall have a minimum throw of three-quarters inch. All deadbolts of locks which automatically activate two (2) or more deadbolts shall embed at least one-half inch, but need not exceed three-quarters inch, into the holding devices receiving the projected bolts. 1009.3 The inactive leaf of a pair of doors and the upper leaf of Dutch doors shall be equipped with a deadbolt or deadbolts as set forth in subsection 1009.2. Exceptions: (1) The bolt or bolts need not be key -operated, but shall not be otherwise activated, from the exterior side of the door. -8- n 2 3 4 s 6 7 8 9 10 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 (2) The bolt or bolts may be engaged or disengaged automatically with the deadbolt or by another device on the active leaf or lower leaf. (3) Manually operated hardened bolts at the top and bottom of the leaf and which embed a minimum of one-half inch into the device receiving the projected bolt -may be used when not prohibited by Chapter 10 or other laws and regulations. 1009.4 Door stops on wooden jambs for in -swinging doors shall be of one-piece construction with the jamb or joined by a rabbet. 1009.5 Nonremovable pins shall be used in pin -type hinges which are accessible from the outside when the door is closed. 1009.6 Cylinder guards shall be installed on all mortise or rim -type cylinder locks installed in hollow metal doors whenever the cylinder projects beyond the face of the door or is otherwise accessible to gripping tools. Section 1010. Doors --Sliding Glass. Sliding glass doors shall be equipped with locking devices and shall be so installed that, when subjected to tests specified in section 1006, remain intact and engaged. Movable panels shall not be rendered easily openable or removable from the frame during or after the tests. Cylinder guards shall be installed on all mortise or rim -type cylinder locks installed in hollow metal doors whenever the cylinder projects beyond the face of the door or is otherwise accessible to gripping tools. Section 1011. Doors --Overhead and Sliding. Metal or wooden overhead and sliding doors shall be secured with a cylinder lock, padlock with a hardened steel shackle, metal slide bar, bolt or equivalent when not otherwise locked by electrical power operation. Section 1012. Doors --Metal Accordion Grate or Grille Type. Metal accordion grate or grille -type doors shall be equipped with metal guides at top and bottom, and a cylinder lock or padlock and hardened steel shackle shall be provided. Cylinder guards shall be installed on all mortise or rim -type cylinder locks installed in hollow metal doors whenever the cylinder projects beyond the face of the door or is otherwise accessible to gripping tools. -9- 2 3 4 5 6 7 8 9 10 12 13 •14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 1013. Lights --In General. A window, skylight or other light forming a part of the enclosure of a dwelling unit or of an area occupied by one tenant of a building shall be constructed, installed and secured as set forth in sections 1014 and 1015, when the bottom of such window, skylight or light is not more than sixteen (16) feet above the grade of a street, highway, yard, court, passageway, corridor, balcony, patio, breezeway, private garage, portion of the building which is available for use by the public or other tenants, or similar area. A window enclosing a private garage with an interior opening leading directly to a dwelling unit shall also comply with said sections 1014 and 1015. Section 1014. Lights --Material. Lights within forty (40) inches of a required locking device on a door when in the closed and locked position and openable from the inside without the use of a key, and lights with a least dimension greater than six (6) inches but less than forty-eight (48) inches in B or M Occupancies, shall be fully tempered glass, approved burglary -resistant material, or guarded by metal bars, screens or grilles in an approved manner. Section 1015. Lights -Locking Devices. 1015.1 Sliding glass windows shall be provided with locking devices that, when subjected to the tests specified in Section 1007, remain intact and engaged. Movable panels shall not be rendered easily openable or removable from the frame during or after the tests. 1015.2 Other openable windows shall be provided with substantial locking devices which render the building as secure as the devices required by this section. In Group B or M Occupancies, such devices shall be a glide bar, bolt, crossbar and/or padlock with hardened steel shackle. 1015.3 Special: Louvered windows, except those above the first story, in Group R Occupancies which cannot be reached without a ladder shall be of material or guarded as specified in Section 1014 and individual panes shall be securely fastened by mechanical fasteners requiring a tool for removal and not accessible from the outside when the window is in the closed position. 10- LJ 2 3 4 5 6 7 8 9 10 12 13 0 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 pro Section 1016. Other Openings --in General. Openings, other than doors or lights, which form a part of the enclosure, or portion thereof, housing a single occupant and the bottom of which is not more than sixteen (16) feet above the grade of a street, highway, yard, court, passageway, corridor, balcony, patio, breezeway, or similar area, or from a private garage, or from a portion of the building which is occupied, used or available for use by the public or other tenants, or an opening enclosing a private garage attached to a dwelling unit, shall be constructed, installed and secured as set forth in Section 1017 Section 1017, Hatchways, Scuttles and Similar Openings. 1017.1 Wooden hatchways less than one and three-quarters (1-3/4) of an inch thick solid wood shall be covered on the inside with 16 -gauge sheet metal attached with screws at six-inch maximum centers around perimeter, 1017.2 The hatchway shall be secured from the inside with a slide bar, slide bolts and/or padlock with a hardened steel shackle. 1017.3 Outside pin -type hinges shall be provided with nonremovable pins. 1017.4 Other openings exceeding ninety-six (96) square inches with a least dimension exceeding eight (8) inches shall be secured by metal bars, screens or grilles in an approved manner. Section 1018. Garages --Subterranean and Other Type Parking Garages. Subterranean or other types of parking garages serving apartments with a common entrance and/or exit shall provide for an automatic mechanical security system (gate or door) for each entrance and/or exit. Incorporated into such security system shall be a means to open the gates and/or doors from both the outside and inside as follows: 1018.1 From the outside, the gates and/or doors shall be operable by key, card key or electronic device approved by the Building Official. 1018.2 From the inside, the gates and/or doors shall be hand -operable by a conspicuously placed pull cord or other type obvious activator, -A 2 3 4 5 6 7 8 9 10 12 13 is 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 The materials and method of construction of the gates and/or doors may be wood, metal or other material approved by the Building Official. All mechanical security systems shall be subject to the review and approval of the Fire Department prior to installation. 15.04.060 Minimum dwelling unit size. Section 310.7.1 of said building code is hereby amended to read as follows: SECTION 310.7.1. Section 310.7.1, Minimum Dwelling Unit Size. 310.7.1.1 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. (5) More than four bedrooms: Eighteen hundred (1800) square feet. 310.7.1.2 S ingle-family dwellings. A 11 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 (13 00) 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. 12- �J 2 3 4 5 6 7 s 9 10 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 310.7.1.3 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. Section 110 of said building code is hereby amended to read as follows: SECTION 110. Section 110. Protection of Adjacent Property During Construction. 110.1 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. 110.2 The Director of the Community Development Department 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 Director of the Community Development Department that said work can recommence. 110.3 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 Director of the Community Development Department reasonably anticipates as necessary to pay for the cost of repair or damage. •13- �J 2 3 4 5 6 7 8 9 10 ti] 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 110.4 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. 110.5 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. Section 1503 of said building code is hereby amended to read as follows: SECTION 1503. The roof covering on any structure regulated by this code shall be as specified in Table No. 15-A and as classified in Section 1504, except that the minimum roof -covering assembly shall be a class "B" roofing assembly. The roof -covering assembly includes the roofdeck, underlayment, interlayment, insulation and covering which is assigned a roof -covering classification. 15.04.090. Skylights. 14- �I 2 3 4 5 6 7 8 9 10 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 Section 2409.4 of said building code is hereby amended to read as follows: SECTION 2409.4 All skylight frames shall be constructed of noncombustible materials. Skylights, the glazing of which is set at an angle of less than forty-five (45) degrees from the horizontal, shall be mounted at least four (4) inches above the plane of the roof on a curb constructed as required for the type of construction. 15.04.100. Fire extinguishing systems. Section 904 of said building code is hereby amended by amending the following sections to read as follows: 904.2.3.1 Group A Occupancies. 1, Drinking establishments. An automatic sprinkler system shall be installed in rooms used by the occupants for the consumption of alcoholic beverages and unseparated accessory uses where the total area of such unseparated rooms and assembly uses exceeds three thousand five hundred (3,500) square feet. For uses to be considered as separated, the separation shall not be less than as required for a one-hour occupancy separation. The area of other uses shall be included unless separated by at least a one-hour separation. 904.2.3.3 Exhibition and display rooms. An automatic sprinkler system shall be installed in Group A Occupancies which have more than three thousand five hundred (3,500) square feet of floor area which can be used for exhibition or display purposes. 904.2.8 Group M Occupancies. An automatic sprinkler system shall be installed in retail sales rooms classed as Group M Occupancies where the floor area exceeds three thousand five hundred (3,500) square feet on any floor or five thousand (5,000) square feet on all floors or in Group M retail sales occupancies more than one story in height. The area of mezzanines shall be included in determining the areas where sprinklers are required. -15- n �J 2 3 4 5 6 7 8 9 10 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 904.2.9 Group R, Division 1 Occupancies. An automatic sprinkler system shall be installed throughout every apartment house three (3) or more stories in height or where the floor area exceeds five thousand (5,000) square feet; and every hotel three (3) or more stories in height or where the floor area exceeds five thousand (5,000) square feet. Residential or quick -response standard sprinkler heads shall be used in the dwelling unit and guest room portions of the building. Table No. 9-A, Standpipe requirements of said building code is hereby amended to substitute the term "three (3) stories" wherever the term "four (4) stories" appears in said table. 15.04.110. Fire alarm systems. The first paragraph of Section 3 10. 10 shall be amended to read as follows: SECTION 310.10. 3 10. 10 A manual and automatic approved fire alarm system shall be installed in apartment houses that are three (3) or more stories in height or contain sixteen (16) or more dwelling units and in hotels three (3) or more stories in height or containing twenty (20) or more guest rooms, in accordance with the fire code. For the purposes of this section, lofts or mezzanines shall be considered as stories. 15.04.120. Excavation and fills. The second paragraph of Section 3301.1 shall be amended to read as follows: 3301„1 Slopes for permanent or temporary fills shall not be steeper than 1 unit vertical in 2 units horizontal (50% slope). Cut slopes for permanent or temporary excavations shall not be steeper than 1 unit vertical in 2 units horizontal (50% slope) unless substantiating data justifying steeper cut slopes are submitted. Deviation from the 16- 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 foregoing limitations for cut slopes shall be permitted only upon the presentation of a soil investigation report acceptable to the building official. 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 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. 15.08.020. Housing Advisory and Appeals Board. Section 203 of the housing code is hereby amended to read as follows: SECTION 203.1 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 105 of the Building Code as amended by section 15.04.020 of this Code. 17- n L� 2 3 4 5 6 7 8 9 10 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 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 Director of the Community Development Department. 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. 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. 18- 2 3 4 s 6 7 8 9 10 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 CHAPTER 15.12 MECHANICAL CODE 15.12.010. Adoption of Mechanical Code. Except as hereinafter provided, the California Mechanical Code, 2001 Edition (Part 4 of Title 24 of the California Code of Regulations), which incorporates and amends the Uniform Mechanical Code, 1997 Edition, published by the International Conference of Building Officials, including Appendices A, B and C, 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. 15.12.020. Board of Appeals. Section 110 of said mechanical code is hereby amended to read as follows: SECTION 110. 110.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the Director of the Community Development Department 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 mechanical design, construction and maintenance and public health aspects of mechanical systems and who are not employees of the jurisdiction. 19- 2 3 4 5 6 7 8 9 10 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 0. 27 28 Said board shall be the same Board of Appeals specified in section 105 of the Building Code as amended by section 15.04.020 of this Code. The Director of the Community Development Department 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 governing body 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 Director of the Community Development Department. 110.2 Limitations of authority. The Board of Appeals shall have no authority relative to interpretation of the administrative provisions of this code nor shall the board be empowered to waive requirements of this code. 15.12.030. Mechanical Permit Fees. Sections 115.2 and 115.3 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 113.2, 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 fifty (50) per cent of the mechanical permit fee. Chapter 15.16 PLUMBING CODE 15.16.010. Adoption of Plumbing Code. -20- 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Except as hereinafter provided, the California Plumbing Code, 2001 Edition (Part 5 of Title 24 of the California Code of Regulations), which incorporates and amends the Uniform Plumbing Code, 1997 Edition, published by the International Association of Plumbing and Mechanical Officials, including appendices, and including the installation standards contained in Appendix 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 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. 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. 15.16.020. Fees. The schedule of fees contained in table 1-1 of the Plumbing Code is hereby deleted and the schedule of fees adopted by latest resolution of the City Council hereby substituted therefor. 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 -21 2 3 4 5 6 7 8 9 10 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 0 27 28 specified in section 105 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 governing body 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 Board of Appeals shall have no authority relative to interpretation of the administrative provisions of this code nor shall the board be empowered to waive requirements of this code. 15.16.040. Nonmetallic Drainage Piping. Section 701 of the Plumbing Code is hereby amended by adding the following subsection: Section 701.1.2.1, Nonmetallic drainage piping shall not carry effluent from one tenancy through another tenancy or through a wall common with another tenancy. Exception: The nonmetallic drainage piping is isolated from the through -tenancy by laminated gypsum boards at least one and one-half (1 1/2) inches in total thickness, or by materials submitted to the administrative authority and approved by the same. 15.16.050 Installation of Garbage Grinders. Section 421 of said plumbing code is hereby amended to read as follows: Section 421 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 -22- 2 3 4 5 6 7 8 9 10 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 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. 15.16.060. Abandoned Sewers and Sewage Disposal Facilities. Section 722.1 of said plumbing code is hereby amended to read as follows: Section 722.1 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. -23- �J 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 CHAPTER 15.20 FIRE PREVENTION CODE 15.20.010. Adoption of Fire Code. Except as hereinafter provided in this Chapter, the California Fire Code, 2001 Edition (Part 9 of Title 24 of the California Code of Regulations), which incorporates and amends the Uniform Fire Code and Uniform Fire Code Standards, 1997 Edition, prepared by the International Fire Code Institute, International Conference of Building Officials and the Western Fire Chiefs Association, 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. 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. As used in this chapter, the following words and terms shall have the meaning ascribed thereto: Buildinz 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. -24- 2 3 4 5 6 7 8 9 10 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 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. The limits referred to in Section 7701,7.2 of the Fire Code, in which storage of explosives and blasting agents is prohibited, are hereby established as follows: All property zoned for residential and commercial uses. 15.20.050. District limits where flammable liquids storage in outside aboveground tanks is restricted. The limits referred to in Section 7902.2.2.1-7904.2.5.4.2 of the Fire Code in which storage of flammable liquids in outside above ground 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. The limits referred to in Section 7904.4.1 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. The limits referred to in Section 8204.2 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. -25- �J 2 3 4 s 6 7 8 9 10 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 The Fire Code is hereby amended and changed in the following respects: ARTICLE 1 OF THE FIRE CODE IS HEREBY AMENDED BY AMENDING THE FOLLOWING SECTIONS TO READ AS FOLLOWS: Section 103.3.5.1 In order to safeguard life, limb, health, property and public welfare, every commercial and industrial building, structure or portion thereof shall conform to the requirements for the occupancy to be housed therein, or for the use to which the building, structure or portion thereof is to be put, as set forth in the building, plumbing, electrical, and fire prevention codes of the City for the proposed occupancy, that portion shall be made to conform. Section 103.3.5.2 Each change of occupancy or tenancy of any commercial or industrial building, structure or portion thereof shall require an inspection to be made by the Fire Department. If a portion of any building or structure does not conform to the requirements of the building, plumbing, electrical and fire prevention codes of the City for the proposed occupancy, that portion shall be made to conform. Section 103.3.5.3 Before any commercial or industrial building or structure may be occupied, there shall be approval from the Fire Department. Section 103.3.5.4 The Fire Department shall advise the owner or tenant of those alteration necessary to make the building comply, or, if none, approval shall be given. Section 103.3.5.5 The Fire Chief may allow occupancy of the building or structure without requiring complete compliance with all the requirements of the codes of the City, provided that such occupancy does not result in increased hazard to life, limb, health, property or public welfare. Section 103.3.5.6 Before any inspections will be made by the Fire Department for such change of occupancy or tenancy, there shall be paid to the Finance Department a fee as indicated in the latest resolution adopted by the City Council to cover the cost of inspection of the building for which the change is desired. Such fee shall be in addition to the regular building permit fee required by the building code of the City. -26- 2 3 4 5 6 7 8 9 10 HVJ 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 ARTICLE 10 OF THE FIRE CODE IS HEREBY AMENDED BY AMENDING THE FOLLOWING SECTIONS TO READ AS FOLLOWS: Section 1003.2.3.1 Group A Occupancies, Drinking Establishments. An automatic sprinkler system shall be installed in rooms used by the occupants for the consumption of alcoholic beverages and unseparated accessory uses where the total area of such rooms and assembly uses exceeds three thousand five hundred (3,500) square feet. For uses to be considered as separated, the separation shall be not less than as required for a one-hour occupancy separation. The area of other uses shall be included unless separated by at least a one-hour occupancy separation. Section 1003.2.3.3 Group A Occupancies, Exhibition and display rooms. An automatic sprinkler system shall be installed in Group A Occupancies which have more than three thousand five hundred (3,500) square feet of floor area which can be used for exhibition or display purposes. Section 1003.2.7 Group M Occupancies. An automatic sprinkler system shall be installed in retail sales room classed as Group M Occupancies where the floor area exceeds three thousand five hundred (3,500) square feet on any floor or five thousand (5,000) square feet on all floors or in Group M Retail Sales Occupancies more than one (1) story in height. The area of mezzanines shall be included in determining the area where sprinklers are required. Section 1003.2.8 Group R, Division 1 Occupancies. An automatic sprinkler system shall be installed throughout every apartment house three (3) or more stories in height or containing more than five thousand (5,000) feet on all floors, and every hotel three (3) or more stories in height or containing more than five thousand (5,000) feet on all floors. Residential or quick - response standard sprinkler heads shall be used in the dwelling unit and guest room portions of the building. Section 1007.2.9.1.1, Group R, Division I Occupancies. -27- r'__1 LJ 2 3 4 5 6 7 8 9 10 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Table No. 1004-A, Standpipe Required Systems, is hereby amended so that three (3) stories shall be substituted whenever the table refers to four (4) stories, ARTICLE 11 OF THE FIRE CODE IS HEREBY AMENDED BY AMENDING THE FOLLOWING SECTIONS TO READ AS FOLLOWS: Section 1102. Open burning and commercial barbecue -pits. It shall be unlawful for any person, firm or corporation to ignite, set fire to, or cause, or permit to be ignited or burned, any grass, weeds, trees, brush, paper, wood, boxes, trash, rubbish, or other combustible materials within the City. Section 1102.3.9. Outdoor fires such as pit barbecues or bonfires held in connection with special activities, but not otherwise prohibited by City or County ordinances, may be permitted if in the opinion of the Fire Chief, such fires do not create a hazard to persons or property, by obtaining a permit from the Fire Department. Section 1103.2. Accumulation of rubbish and vegetation. Whenever it is necessary for a person to store or accumulate combustible or flammable rubbish or waste material within any building, structure, or enclosure, then such material shall be securely stored in metal or metal lined receptacles or bins equipped with tight -fitting covers or in rooms or vaults constructed of noncombustible materials, with an approved heat actuated self-closing fire door and the storage area shall be protected by an automatic sprinkler system on the basis of one (1) head per fifty (50) square feet or portion thereof. Section 1103.2.7. Inside tire storage. Tires stored inside of buildings shall not block doors, windows, or exitways. Piles and racks of tires which are placed directly against and parallel to walls shall not extend out from said walls more than five (5) feet. Piles or racks of tires placed in rows perpendicular to the walls shall not exceed the ten (10) feet in width or fifty (50) feet in length. Every row of tires shall be accessible on at least two (2) sides by an aisleway at least three (3) feet in width. -28- • 1 2 3 4 5 6 7 8 9 10 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Tires which are stored in such pattern as to form dead-end aisleways against the walls of buildings shall terminate at an aisleway at least six (6) feet wide at the inside end of such pile. Every rack or pile of tires shall be kept at least eighteen (18) inches below sprinkler heads in a sprinkled building. Piles of tires shall be maintained in such manner as to ensure stability and not become a hazard by falling during a fire or other emergency. Under no circumstances shall a pile or rack of tires exceed twelve (12) feet in height unless approved by the Fire Chief, Section 1103.3.6.1. All tire storage. It is the intent of this section that all tire storage, regardless of whether such storage is in connection with a tire rebuilding plant, shall be made to comply with sections 1103.3.6.2 and 1103.3.6.3. Section 1103.3.6.2. Outside tire storage. Piles of tires or carcasses shall not exceed two thousand (2,000) cubic feet in volume and shall be separated from every other pile by an aisleway at least ten (10) feet in width. Under no circumstances shall a pile of tires exceed twelve (12) feet in height unless approved by the Fire Chief. ARTICLE 47 OF THE FIRE CODE IS HEREBY AMENDED BY AMENDING THE FOLLOWING SECTIONS TO READ AS FOLLOWS: Section 4712. Pan locks. Whenever doors leading into the building or structure being fumigated cannot be bolted or secured from the inside, pan locks shall be provided to prohibit access into the building or structure to persons other than the fumigator. Section 4713. Chloropicrin. To discourage entrance into the building or structure being fumigated, unless a watchman would otherwise be required, Chloropicrin shall be added to the fumigant at the rate of one (1) ounce for each fifteen thousand (15,000) cubic feet of space being fumigated. Section 4714. Fumigation inspection. The Fire Department shall make a visual) inspection of all buildings or other structures immediately prior to the release of the fumigant into the building or structure, to determine whether the safety precautions outlined in this section have been met. -29- L_J 2 3 4 s 6 7 8 9 10 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 ARTICLE 52 OF THE FIRE CODE, IS HEREBY AMENDED BY AMENDING THE FOLLOWING SECTIONS TO READ AS FOLLOWS: Section 5201.12.1. Remote preset -type devices are to be in the "off' position while not in use so that the dispenser cannot be activated without the knowledge of the attendant. Section 5201.12.2. The dispensing device shall be in clear placed between the dispensing devices and the attendant view of the attendant at all times and no obstacle shall be. Section 5201.12.3. The attendant shall at all times be able to communicate with persons in the dispensing area. APPENDIX II -A OF THE FIRE CODE IS HEREBY AMENDED BY AMENDING THE FOLLOWING SECTIONS TO READ AS FOLLOWS: Section 5.1 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 No. A -III -A-1 will be used). Exception: Fire flow may be reduced fifty (50) percent when the building is provided with'i 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 No. A -111-A-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. In types I and 11 -FR Construction, only the three (3) largest successive floor areas shall be used. APPENDIX III -B OF THE FIRE CODE IS HEREBY AMENDED BY AMENDING THE FOLLOWING SECTIONS TO READ AS FOLLOWS: -30- r-1 L --A 2 3 4 5 6 7 8 9 10 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 Section 6. The Fire Chief may require closer spacing between hydrants because of grades, steep inclines or other geographic problems, and accessibility. 15.20.090. Modifications. The Fire Chief, or his designee, shall have power to modify any of the provisions of the Fire Code upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code, provided that the spirit of the code shall be observed, public safety secured, and substantial justice done. The particulars of such modification when granted or allowed, and the decision of the Fire Chief or his designee thereon, shall be entered upon the records of the department and a signed copy shall be furnished to the applicant. 15.20.100. Appeals. 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. 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. -31 �J 2 3 4 5 6 s 9 10 12 13 r� 15 16 17 18 19 20 21 22 23 24 25 26 0 27 WE 15.20.120. Fireworks prohibited. 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. Any person violating any of the provisions of this code shall be deemed guilty of a misdemeanor, punishable by a fine of not more than five hundred dollars ($500.00), or by imprisonment for a term not to exceed six (6) months in the city or county jail, or by both such fine and imprisonment. 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. -32- 2 3 4 5 6 7 8 9 10 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 15.24.020. Purpose and Scope Section 102.2.1 of the 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. 15.24.030. Section 202 amended --Abatement of dangerous buildings Section 202 of the 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. 15.24.040. Board of Appeals. follows: Section 205 of the Abatement of Dangerous Buildings Code is hereby amended to read as SECTION 205. 205.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the Director of the Community Development Department 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. -33- 2 3 4 5 6 7 8 9 10 12 13 r� L 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 Said board shall be the same Board of Appeals specified in section 105 of the Building Code as amended by section 15.04.020 of this Code. The Director of the Community Development Department 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 governing body 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 Director of the Community Development Department. 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 Director of the Community Development Department, who shall make them freely accessible to the public. 205.2 Limitations of authority. The Board of Appeals shall have no authority relative to interpretation of the administrative provisions of this code nor shall the board be empowered to waive requirements of this code. 15.24.050. Dangerous Building. 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 Al -G the Building Official shall commence proceedings to cause repair, vacation or demolition of the building. CHAPTER 15.28 -34- 2 3 4 5 6 7 8 9 10 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 BUILDING CONSERVATION CODE 15.28.010. Adoption of Building Conservation Code. Except as hereinafter provided, Appendix Chapter 1 of the California Code for Building Conservation, 2001 Edition (Part 10 of Title 24 of the California Code of Regulations), which incorporates and amends Appendix Chapter 1 of the Uniform Code for Building Conservation, 1997 Edition, published by the International Conference of Building Officials, 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 Conservation Code of the City of Hermosa Beach. A copy of the Building Conservation 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, 2001 Edition (Part 3 of Title 24 of the California Code of Regulations), which incorporates and amends the National Electrical Code, 1999 Edition, including the Uniform Administrative Code Provisions published by the National Fire Protection Association, 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. -35- 2 3 4 s 6 7 8 9 10 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 15.32.020. Fees. Section 304 of said electrical code is hereby amended to replace the term "Table No. 3-A" with the term "the most recent resolution adopted by the City Council." For purposes of determining fees only, the following definitions shall apply: 304.1 New general use branch circuits. 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. 304.2 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 o utlet s hall m ean a p oint o r 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. 304.3 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. -36- F_-I LJ 2 3 4 5 6 7 8 9 10 12 13 0 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 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. 304.4 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. 304.5 Service and switchboard sections. -37- �J 2 3 4 5 6 7 8 9 10 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 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. -38- 2 3 4 5 6 7 8 9 10 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 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 (as determined for building permit fee purposes as provided by section 15.04.040 of this Code) of such repairs or remodeling in a five-year period does not exceed fifty percent (50%) of the existing valuation prior to construction. 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. -39- 2 3 4 5 6 7 8 9 10 12 13 0 14 15 16 17 18 19 20 21 22 23 24 25 26 27 '6 28 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 City Code of the City of Hermosa Beach shall not apply to utility lines which do not provide service in the area being developed. CHAPTER 15.40 NUMBERING BUILDINGS 15.40.010. Number to be displayed. Section 502 of the building code is hereby amended to read as follows: 502. The entrance to each and every building, or section or subdivision thereof, in the city used for residence or business purposes shall have a number displayed thereon as hereinafter provided and designated by the City Engineer of the City. 15.40.020. Location and Size of Numbers; Time Limitation for Placement. Section 502.1 of the building code is hereby amended to read as follows: 502.1. The number of each such entrance shall be placed upon, or immediately above, or adjacent to the door closing such entrance, and the figures of such numbers shall be at least two (2) inches in height and of corresponding width. Such numbers shall be placed thereon as aforesaid within fifteen (15) days after receipt by the owner, occupant, lessee, tenant or subtenant of such building of a notice from the City Engineer of the numbers designated for such entrance, and all numbers other than the numbers provided -40- 2 3 4 5 6 7 8 9 10 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 for in this chapter for the respective entrances shall be removed from every such building by the owner, occupant, lessee, tenant or subtenant thereof within fifteen (15) days from the service of such notice designating the numbers to be placed thereon. 15.40.030. Street Numbering Map Adopted. Section 502.2 of the building code is hereby amended to read as follows: 502.2. The City Engineer shall furnish and designate such numbers in pursuance of the numbers shown, designated and provided for each lot in the city, on that certain map numbered 1001, new series, in the records of the City Engineer's office, such map having been heretofore approved and adopted by the City Council, and the same is hereby referred to and made a part of this chapter, CHAPTER 15.44 REPORT OF RESIDENTIAL BUILDING RECORDS 15.44.010. Intent. Pursuant to Article 6.5 (commencing with Section 38780), Chapter 10, Part 2, Division 3, Title 4, of the Government Code of the State of California, it is the intent of the city council to assure that the grantee of a residential building within the city is furnished a report of matters of city record pertaining to the authorized use, occupancy and zoning classification of real property prior to sale or exchange. It is the further intent to assist in the protection of the buyer of residential properties against undisclosed restrictions on the use of the property. 15.44.020. Definitions. For the purposes of this chapter, the following terms are defined as follows: (a) Owner means any person, copartnership, association, corporation or 'fiduciary having legal or equitable title or any interest in any real property. -41 :7 (b) Residential building shall mean any improved real property designed, used or permitted to be used for dwelling purposes, situated in the City of Hermosa Beach, and shall include the building or structure located on said improved real property. (c) Agreement of sale means any agreement or written instrument which provides that any ownership or interest in title to any real property is to be transferred from one owner to another owner: 15.44.030. Report Required. At the time of entering into an agreement of sale or exchange of any residential building, the o wner o r h is authorized representative shall obtain from the city a report of the residential building record showing the regularly authorized use, occupancy and zoning classification of such property. Said report shall be valid for a period not to exceed six (6) months from date of issue. 15.44.040. Application; Contents of Report; Review of Records. Upon application of the owner, or his authorized agent, and the payment to the city of a fee prescribed, plus the established fee for copies of the city code if requested by the applicant, the pertinent city records shall be reviewed, and an on-site inspection made of the property and the improvements thereon (including an interior inspection of the premises with the permission of the property owner) And a report of residential building records shall be delivered to the applicant which may contain the following information insofar as it is available: (a) The street address or other appropriate description of subject property; (b) The use permitted as indicated and established by permits of record; (c) A statement of the zoning classification applicable to the property, in question; (d) A statement of the variances and use permitsof record, if any, granted to that property, together with the conditions and restrictions of such permits; (e) A statement as to whether there exists or appears to exist any illegality- or permitted nonconformity in the structures on the property or the uses made thereof; 42 2 3 4 5 6 7 8 9 10 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (f) Should the present use of the property and the use authorized by Zoning Ordinances in effect at the time of inspection disclose an apparent violation of the Zoning Ordinance, and the use which constitutes the apparent violation was not constructed pursuant to a building permit as noted in the records of the Community Development Department, such finding shall be noted on the report of residential building records. Errors or omissions in said report shall not bind or stop the city from enforcing any and all building and zoning codes against the seller, buyer and any subsequent owner. Said report does not guarantee the structural stability of any existing building nor does it relieve the owner, his agent, architect or builder from designing and building a structurally stable building meeting the requirements of adopted building, plumbing and electrical codes. 15.44.050. Delivery of Report to Buyer or Transferee. The report of residential building record shall be delivered by the owner, or the authorized designated representative of the owner, to the buyer or transferee of the residential building prior to the consummation of the sale or exchange. The buyer or transferee shall execute a receipt therefor as furnished by the city, and said receipt shall be delivered to the Building Division, as evidence of compliance with the provisions of this chapter. 15.44.060. Physical Examination of Property. Upon the verified request of the seller, a physical examination of the subject property shall be made by the Building Division, and a report thereon delivered to said seller. The report of residential building records shall include the following language: "Unless otherwise indicated in this report the inspection of the premises has not included an inspection of the interior of the premises. The permission of the owner of the property is required for the city inspector to make an inspection of the interior premises. You have the right to require, as a condition of the purchase of the property, that the owner request an inspection by a city inspector of the interior of the premises. This report cannot offer maximum protection without an inspection of the interior of -43- n �J 2 3 4 5 6 7 s 9 10 12 13 is 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the premises. For further information concerning the nature of this report you should read and review Chapter 15.44 of the City Code of the City of Hermosa Beach." 15.44.070. Exceptions. (a) The provisions of this chapter shall not apply to the first sale of a residential building located in a subdivision the final map for which has been approved and recorded in accordance with the Subdivision Map Act not more than two (2) years prior to the first sale. (b) Residential report of building records shall not be required when exchange of real property is between immediate members of a family. (c) Condominiums shall be required to have one residential report of building records per structure which is valid for one year. Interior inspections of condominiums may be requested and a prescribed fee will be charged for each unit inspected. (d) The provisions of this chapter shall not apply to the first sale of a residential property sold within ninety (90) days after final approval is given. 15.44.080. Form; Time Limit for Delivery of Report. (a) The Director of Community Development shall prepare standardized forms for the report of residential building records. Said report shall be delivered to the owner, or his authorized agent, by registered mail, within forty (40) calendar days of receipt of the application and fees. (b) Should the City fail to deliver, or to attempt to deliver, said report within the aforementioned forty (40) days, the sale, if consummated, shall not be deemed in violation of this � chapter. 15.44.090. Nonliability of City. The issuance of the residential building record report is hot a representation by the City of Hermosa Beach that the subject property or its present use is or is not in compliance with the law. Neither the enactment of this chapter nor the preparation of and delivery of any report required -44- 2 3 4 5 6 7 8 9 10 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 hereunder shall impose a liability upon the City for any errors or omissions contained in said report, nor shall the city bear any liability not otherwise imposed by law. 15.44.100. Penalties. (a) Anyone in violation of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be punishable as provided by the provisions of section 1.04.010 through 1. 12.010 of the Municipal Code of the City of Hermosa Beach. (b) No sale or exchange of residential property shall be invalidated solely because of the failure of any person to comply with any provisions of this chapter unless such failure is an act of omission which would be a valid ground for rescission of such sale or exchange in the absence of this chapter." SECTION 2. All inconsistencies between the Building Code, Electrical Code, Mechanical Code, Plumbing Code, and Fire Code, as adopted by this Ordinance, and the 2001 edition of the California Building Code, Electrical Code, Mechanical Code, Plumbing Code, and Fire Code, as set forth in Parts 2, 3, 4, 5 and 9, respectively, of Title 24 of the California Code of Regulations, are changes, modifications, amendments, additions or deletions thereto authorized by California Health and Safety Sections 17958.5 and 17958.7 SECTION 3. 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 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 -45- Li 2 3 4 5 6 7 8 9 10 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. SECTION 5. The City Council does hereby designate the City Attorney to prepare a summary of this ordinance to be published pursuant to Government Code Section 36933(c)(1) in lieu of the full text of said ordinance. That prior to the expiration of fifteen (15) days after the date of its adoption, the C ity C lerk s hall c ause t he s ummary t o b e p ublished i n t he E asy R eader, a weekly newspaper of general circulation, published and circulated in the City of Hermosa Beach. 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; 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 7. State law requires that localities adopt the California Building Standards Code and modifications thereto, by November 01, 2002. It is essential that the City have in effect on 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 modification 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. SECTION 8. This ordinance shall be effective upon adoption and shall become operative November 01, 2002. • 27 vote: 28 PASSED, APPROVED and ADOPTED this 22nd day of October, 2002, by the following -46- ! 1 2 3 4 5 6 7 8 9 10 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 AYES: Dunbabin, Keegan, Reviczky, Yoon, Mayor Edgerton NOES: None ABSTAIN: None ABSENT: None 9193, ATTEST: X of the City Council and MAYOR of the J 2 CITY CLERK -47- of Hermosa Beach, California OVED AS TO FORM: CITY ATTORNEY • 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. 02-1225-U 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 22"d day of October, 2002. The vote was as follows: ;. AYES: Dunbabin, Keegan, Reviczky, Yoon, and Mayor Edgerton NOES: None ABSENT- None ABSTAIN: None DATED: November 12, 2002 City Clerk • LJ 2 3 4 5 6 7 s 9 10 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 ORDINANCE NO. 03-1226 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE TAXICAB REGULATIONS PERTAINING TO FRANCHISES AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE The City Council of the city of Hermosa Beach does hereby ordain as follows: SECTION 1. Section 5.72.020 of Title 5, Chapter 5.72 of the Hermosa Beach Municipal Code is amended by adding thereto in alphabetical sequence the following new definition: "Exclusive taxicab service means the provision of taxicab services as authorized a franchise issued by the City Council extending to the holder thereof the exclusive right to taxicab services within the City." SECTION 2. Section 5.72.020 of Title 5, Chapter 5.72 of the Hermosa Beach Municipal Code is amended to read: "5.72.030 Franchise or permit required for automobile for hire and taxicab service. It is unlawful for any person to engage in the business of operating or causing to be operated any automobile for hire or taxicab service within the City without having a franchise or a permit to do so pursuant to the provisions of this Chapter. The City Council may in its discretion issue one or more exclusive franchises for the provision of taxicab services within the City upon finding that franchising is necessary to assure reliable, safe and quality taxicab service to City residents and to eliminate undue congestion, disorganization and hazards associated with a deregulated taxicab environment. In such event, upon issuance of one or more franchises, the City shall not accept new or renewal applications for permits to operate a taxicab service and it shall be unlawful for any person other than the franchisee(s) to engage in the business of operating or causing to be operated any taxicab service within the City." SECTION 3. Chapter 5.72 of Title 5 of the Hermosa Beach Municipal Code is amended by adding thereto a new Section 5.72.045 to read: "5.72.045 Taxicab franchises. 2 3 4 5 6 7 8 9 10 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 One or more exclusive franchises may be issued in accordance with a competitive procedure and criteria formulated by the City Manager or his designee. Prospective franchisees shall provide such information as is requested by the City to evaluate their qualifications, corporate stability and financial capability to provide exclusive taxicab services. Criteria for eligibility for issuance of a franchise may include, among other things, demonstrated quality and safety of service, operation of a minimum number of taxicabs, age and condition of taxicabs, a minimum level of insurance, minimal financial qualifications, and the proposed amount of the franchise fee payable to the City. A franchise agreement entered into pursuant to this Chapter shall be for a limited term and may include payment by the franchisee of a franchise fee as consideration for the rights granted under the franchise." SECTION 4. Section 5.72.070 of Title 5, Chapter 5.72 of the Hermosa Beach Municipal Code is amended by adding thereto a new paragraph R to read. "R. Issuance of one or more exclusive franchises for the operation of taxicab services in the City. Upon issuance of such franchise(s), the City Manager shall provide not less than ninety (90) days written notice of revocation of the permit to the taxicab permit holder, The provisions of Sections 5.72.140 and 5.72.160 shall not apply to revocation of permits under this paragraph." SECTION 5. The purpose of this Ordinance is to enable the City to grant one or more exclusive franchises for the use of its streets and highways for the provision of taxicab services initiated within the City. This Ordinance constitutes an exercise of the City's police powers pursuant to Article XI, Section 7 of the California Constitution and enables a method of regulation intended to protect consumers and minimize hazards in the City's streets and highways. 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. -2- • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 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 11th day of February, 2003, by the following vote: AYES: Keegan, Reviczky, Yoon, Mayor Edgerton NOES: None ABSTAIN: None ABSENT- Dunbabin ATTEST - CITY CLERK of the City Council 11 -3- of the City of Hermosa Beach, California OVED AS FORM: • 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. 03-1226 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 1 lth day of February, 2003, and said ordinance was published in the Easy Reader newspaper on February 20, 2003. The vote was as follows: • AYES: Keegan, Reviczky, Yoon, Mayor Edgerton NOES: None ABSENT- Dunbabin ABSTAIN: None DATED: February 20, 2003 City Clerk 0 EASY READER, INC. 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: February 20 ALL IN THE YEAR 2003 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signed at HERMOSA BEACH, CALIFORNIA, This 201h day of February, 2003 Beverly Morse, Principal Clerk Proof of Publication of: CITY OF HERMOSA BF Ordination #03-1226 HD03-006 .J��RMOA CITY OF "� fn HERMOSA BEACH ORDINANCE NO. 03-1226 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE TAXICAB REGULATIONS PERTAINING TO FRANCHISES AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE The City Council of the city of Hermosa Beach does hereby ordain as follows: SECTION 1. Section 5.72.020 of Title 5, Chapter 5.72 of the Hermosa Beach Municipal Code is amended by adding thereto in alphabetical sequence the following new definition: "Exclusive taxicab service means the provision of taxicab services as authorized by a franchise issued by the City Council extending to the holder thereof the exclusive right to offer taxicab ser- vices within the City." SECTION 2. Section 5.72.020 of Title.5, Chapter 5.72 of the Hermosa Beach Municipal Code is amended to read: "5.72.030 Franchise or permit required for automobile for hire and taxicab service. It is unlawful for any person to engage in the business of operating or caus- ing to be operated any automobile for hire or taxicab service within the City without having a fran- chise or a permit to do so pursuant to the provisions of this Chapter. The City Council may in its discretion issue one or more exclusive franchises for the provision of taxicab services within the City upon finding that franchising is necessary to assure reliable, safe and quality taxicab service to City residents and to eliminate undue congestion, disorganization and hazards associated with a deregulated taxicab environment. In such event, upon issuance of one or more franchises, the City shall not accept new or renewal applications for permits to operate a taxicab service and it shall be unlawful for any person other than the franchisee(s) to engage in the business of oper- ating or causing to be operated any taxicab service within the City." SECTION 3. Chapter 5.72 of Title 5 of the Hermosa Beach Municipal Code is amended by adding thereto a new Section 5.72.045 to read: "5.72.045 Taxicab franchises. One or more exclusive franchises may be issued in accordance with a competitive procedure and criteria formulated by the City Manager or his designee. Prospective franchisees shall provide such information as is requested by the City to evaluate their qualifica- tions, corporate stability and financial capability to provide exclusive taxicab services. Criteria for eligibility for issuance of a franchise may include, among other things, demonstrated quality and safety of service, operation of a minimum number of taxicabs, age and condition of taxicabs, a minimum level of insurance, minimal financial qualifications, and the proposed amount of the franchise fee payable to the City. A franchise agreement entered into pursuant to this Chapter shall be for a limited term and may include payment by the franchisee of a franchise fee as con- sideration for the rights granted under the franchise" SECTION 4. Section 5.72.070 of Title 5, Chapter 5.72 of the Hermosa Beach Municipal Code is amended by adding thereto a new paragraph R to read: 'R. Issuance of one or more exclusive franchises for the operation of taxicab services in the City. Upon issuance of such franchise(s), the City Manager shall provide not less than ninety (90) days written notice of revocation of the permit to the taxicab permit holder. The provisions of Sections 5.72.140 and 5.72.160 shall not apply to revocation of permits under this paragraph" SECTION 5. The purpose of this Ordinance is to enable the City to grant one or more exclu- sive franchises for the use of its streets and highways for the provision of taxicab services initi- ated within the City. This Ordinance constitutes an exercise of the City's police powers pursuant to Article XI, Section 7 of the California Constitution and enables a method of regulation intend- ed to protect consumers and minimize hazards in the City's streets and highways. 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 pas- sage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. 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. 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 11th day of February, 2003, by the following vote: AYES: Keegan, Reviczky, Yoon, Mayor Edgerton NOES: None ABSTAIN: None ABSENT: Dunbabin Sam Y. Edgerton PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: Elaine Doerfling CITY CLERK Michael Jenkins CITY ATTORNEY ER February 20, 2003/HD03-006 I • 2 3 4 5 6 7 8 9 10 11 12 13 14 • 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 ORDINANCE NO. 03-1227 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING MAP FROM GENERAL COMMERCIAL (C-3) TO TWO-FAMILY RESIDENTIAL (R-2) FOR THE PROPERTY LOCATED AT 726 TENTH STREET AND LEGALLY DESCRIBED AS LOT 10, TRACT NO. 223, AND ADOPTION OF 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 John Robert and Gloria Kolesar, owners of property at 726 10th Street, seeking to amend the General Plan Map and the Zoning Map for the subject property. SECTION 2. The Planning Commission conducted a duly noticed public hearing to consider the application for a General Plan Amendment and Zone Change on December 4, 2002, at which testimony and evidence, both written and oral, was presented to and considered by the Planning Commission, and based on that evidence and findings as contained in P.C. Resolution, the Planning Commission denied the application. SECTION 3. The City Council conducted a duly noticed public hearing to reconsider and review the decision of the Planning Commission on the application for a General Plan Amendment and Zone Change on January 28, 2003, 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 contains a single-family dwelling and is designated General Commercial on the General Plan Map, and General Commercial (C-3) on the official City Zoning Map. The C- 3 zoning for the site allows local commercial uses only. The existing nonconforming residential use on the property is limited to a 50% expansion pursuant to Chapter 17.52 of the Zoning Ordinance regarding nonconforming uses. 2. The requested change will reduce the depth of the commercial designated property, as measured from Pacific Coast Highway westward, from 200 to 155 feet, and replace the • 1 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 commercial designations on the subject property to allow residential development for up to two units consistent with the Medium Density Residential classification of the General Plan and the R- 2 Zoning district in the Zoning Ordinance. 3. The property at 726 10th Street has been in continuing use for residential purposes since the 1920's. 4. Properties to the south and west are designated Medium Density Residential on the General Plan and zoned R-2, which allows residential development up to a density of 25 units per acre, and is currently developed with a mix of single and multi -family uses. Across Tenth Street to the north, the property is designated Medium Density Residential on the General Plan, with an inconsistent zoning designation of C-3. It is currently developed with a residential trailer park. Adjacent property to the east along Pacific Coast Highway has the same designations as the subject property, and is currently developed with a service station. 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. The General Plan Amendment and Zone Change will recognize the current land use of the subject property and current market conditions which have not supported or created an interest in expanding commercial development to include this location, and will allow the development of a 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 north, west and south, 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 and intrusive use. The redesignation to Medium Density Residential on the General Plan Map and R-2 on the Zoning Map will be consistent I with designations to the west and south of the subject property, and will allow two units on the subject property consistent with surrounding residential development. 3. The City Council concurs with the Staff Environmental Review Committee's I recommendation, based on its Environmental Assessment/Initial Study, that this project will result I in a less than significant impact on the environment, and therefore qualifies for a. Negative I Declaration. -2- • 1 2 3 4 5 I 6 7 8 9 10 11 12 13 14 • 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28— SECTION 6. Based on the foregoing, the City Council adopted Resolution to amend the General Plan Map for the subject property. 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 Two -Family Residential (R-2): 726 Tenth Street, legally described as Lot 10, Tract No. 223. 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 25th day of February, 2003 by the following vote: AYES: NOES: ABSENT• ABSTAIN: ATTEST• City Clerk Keegan, Yoon, and Mayor Edgerton Dunbabin and Reviczky one =0 a of the City Counci and YOR of the City of Hermosa Beach, California APPROVED AS�TO FORM: —3- City Attorney • 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. 03-1227 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 25`h day of February 2003, and said ordinance was published in the Easy Reader newspaper on March 6, 2003 The vote was as follows: • AYES: Keegan, Yoon and Mayor Edgerton NOES: Dunbabin and Reviczky ABSENT- None ABSTAIN: None DATED: March 11, 2003 City Cler is EASY READER, INC. 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: March 6 ALL IN THE YEAR 2003 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 March, 2003 ev� Beverly Morse, 6 'pal Clerk Proof of Publication of - CITY OF HERMOSA BEACH Ordinance #03-1227 Zoning HCO3 -005 r�..Mo• r + o �• o �01g . r ORDINANCE NO. 03-1227 AN ORDINANCE OFTHE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING MAP FROM GENERAL COMMERCIAL (C-3) TO TWO-FAMILY RESIDENTIAL (R-2) FOR THE PROPERTY LOCATED AT 726 TENTH STREET AND LEGALLY DESCRIBED AS LOT 10, TRACT NO. 223, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARA- TION THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. An application was filed by John Robert and 'Gloria Kolesar, owners of property at 726 10th Street, seeking to amend the General Plan Map and the Zoning Map for the subject property. SECTION 2. The Planning Commission conducted a duly noticed public hearing to con- sider the application for a General Plan Amendment and Zone Change on December 4, 2002, at which testimony' and evidence, both written and oral, was presented to and considered by the Planning Commission, and based on that evidence and findings as contained in P.C. Resolution, the Planning Commission denied the application. 5_F TC ION 3 The City Couj,cil conducted a duly noticed 'public hearing to reconsider and review the decision of the Planning Commission on the applica: tion for a General Plan Amendment and Zone Change on January 28, 2003, at which testimony and evi- dence, both written and oral, and'the record of decision of the Planning Commission, was presented to and consid- ered by the City Council. SECTION 4. Based on evi- dence 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 contains a sinnlo-family rlwnllinn Dort �.aer(u=3) on the offi- cial City Zoning Map. The C-3 zoning for the site allows local commercial uses only. The existing nonconforming resi- dential use on the property is limited to a 50% expansion pursuant to Chapter 17.52 of the Zoning Ordinance regard- ing nonconforming uses. 2. The requested change - will reduce the depth of the commercial designated prop- erty, as measured from Pacific Coast Highway westward, from 200 to 155 feet, and replace the commercial des- ignations on the subject property to allow residential development for up to two units consistent with the Medium Density Residential classification of the General Plan and the R-2 Zoning dis- trict in the Zoning Ordinance. 3. The property at 726 10th Street has been in con- tinuing use for residential purposes since the 1920's. 4. Properties to the south and west are designated Medium Density Residential on the General Plan and zoned R-2, which allows res- idential development up to a density of 25 units per acre, and is currently developed with a mix of single and multi -family uses. Across Tenth Street to the north, the property is designated Medium Density Residential on the General Plan, with an inconsistent zoning designa, tion .of C-3. It is currently developed with a residential ;railer park. Adjacent proper- ty to the east along Pacific Coast Highway has the same designations as the subject property, and is cur- rently developed with a ser- vice station. SECTION 5. Based on the foregoing factual find- ings, the City Council makes the following findings per- taining to the General Plan Amendment and Zone Change: I. The General Plan Amendment and Zone Change will recognize the current land use of the sub- ject property and current market conditions which have not supported or creat- ed an interest in expanding commercial development to include this location, and will allow the development of a appropriate residential land use consistent with sur- rounding properties. 2: The subject property to be redesignated is appropri- ate for residential use as it is abutted by residential uses to the north, west and south, and located in an area, which is predominantly resi- dential in character. A resi- dential use of the subject properties will be more com- patible to surrounding resi- dential uses than a potential- ly more intensive and intru- sive use. The redesignation to Medium Density Residential on the General Plan Map and R-2 on the Zoning Map will be consis-. tent with designations to the west and south of the subject property, and will allow two units on the subject property consistent with surrounding residential development. 3. The City Council con - Staff curs with the Review Environmental Committee's recomn endas tion, based o Envir0nmenI Assessmentllnitial Study, that this project will result in a ignificant impact less than s on the environment, and therefore qualities for a Ne five )DN laration. as d eased on the tocegomg, the Ck Council adopted Resolution to amend the General Plan Map tar the subjectBased or TI N 7' 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 Two -Family Residential (R-2): 726 Tenth Street, legally described as Lot 10, Tract No. 223. SECTION 8. .This ordi- nance shall become effective and be in full force and effect from and atter 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 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 25th day of February, 2003 by the follow- ing vote: AYES: Keegan, Yoon, and Mayor Edgerton NOES: Dunbabin and Reviczky ABSENT: None ABSTAIN: None _Sam Edgerton PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: _Elaine Doerfling I City Clerk APPROVED AS TO FORM: _Michael Jenkins City Attorney ER March 6, 2003/ HCO3 -005 ORDINANCE 03-1228 HAS BEEN VOIDED REPLACED WITH 04-1239 • did - 03-i ezy Draft Amendments To the Certified Coastal L.U.P. Regarding Downtown Parking Policy: The City shall establish parking requirements in the Downtown Enhancement District (DED) identieai similar to the requirements set forth in other areas of the City's coastal zone. However in recognition of the unique parking needs and constraints in the downtown district, the City may explore the creation of and grant exceptions to the parking requirements such as, but not limited to, in -lieu fee programs, parkinq plans, the creation of remote parking lots with shuttle connections, reduced parking requirements for office and retail uses to recognize the lower parking demand experienced in the downtown during daytime hours, or shared parking programs. for -new bngs, e*OF risifisat+on-of-uses-within the deWnto M cdfisfrisf fAffie Qty -Gan -assure -that there pa �C+ng-a�a+lable Malin the-D€D-to support-beach-assess-and-the-proposed-devetoprnertt: The Gity-n ay -appy fat-developmentt squ-afe-#eetofthe-f+ndfnp outlined below made. After 96,250 ^ square4 Permits oa feet of ne�i�rneFGiai-devel pment has �enoiYed Go a' 4 ,,,,Sneat e Ghkt these exGeptions Gannot be granted unless Commission Gertefies an amend ment to the 1 end Use Plan. •Program.! New development, titn--of use shall provide parking qqnSistpentlAfith requirements elsewherein City -u -n Eng-€+nd+ng-are made. if the f flowing made, the .,.,,.e.,tiGnS-Aessr+bed-in Se-granted: windings:- Before granfing the xsepfions-below the Community Development DifesterJshall -sertt€y €owing: a-.-Fewef4han-86250 quaFe feet Of GOMmeMial-develepmeni, 'Ens "-Rg R buIldings, exp ons andIef,,n€i 4rite�s+�'ation f uses, s theirDED- has FeGeEi%e Cr1, 1994s h There iS nttrrently adequate parking to support the provide adequa�ebJ�eash-parkk+ng �- support - L No -more -than -X4,063 square feet-f---eFG"al development the DED tiasre�cdGDP's cini.e the lastlflterirn-pa*ng study -was -approved -by the -Gtfy-Ceunstl. • 2. €xseptiens 60te at the time of the prope al -shall -be pfe o ide"t ° • parking-requ-Frement: b.-Besause-Gfthe-p#1fsisa s#atnts-to-pfW1d1n"afkhi"xW4he deslfe-to pFemete-a- pedestrian-Grientatie`n4n the -DED for prefects on lets -less -than 1A F." o., no parking -other -thar4he - . kiflg—exi"Ag on the -site -at -the -t' l-s-haWbeeq-uife� Policy: Minimize parking impacts bV encouraginq a mix of visitor -serving and other commercial uses that balances peak and non -peak parking demand that occurs during the day and seasonally. Program: In order to mitigate the impacts of increased parking demand that is created by new development, but is not compensated for by requiring additional parking spaces, the DEG, r-ifs-steer-ageesY OF th-private-pa#� City Council shall provide an in -lieu fund transfer or an in -lieu fee a's=describedrin 9e66on°17.44190 of>the Zoning�Ordinance and Ordinance No 80441°and Resolutions Nos '80=430Tand 90.`6001 to an improvement fund earmarked specifically for creating parking, in an amount determined to be sufficient to off- set the increase in required parking spaces caused by the expansion, intensification, or new construction not provided on site. If the DEC City Council determines that the private party is responsible for the in -lieu fee, the private party shall pay said fee as -requested -by 0 Q Program: The City shall not accept a fee in lieu of providing on site parking • unless the Community Development Director assures that sufficient parking exists to accommodate the parking demand of new development. The improvement fund to mitigate increased parking demand shall be geared to a threshold limit of increased parking demand. The threshold limit shall be established at 100 parking spaces and the City shall construct new parking upon reaching that threshold limit or the City shall not accept any fees in - lieu of parking beyond that threshold limit. • /0 • E� December 26, 2002 Honorable Chairman and Members of the Regular Meeting of Hermosa Beach Planning Commission January 21, 2003 SUBJECT- DRAFT REVISIONS TO DOWNTOWN PARKING REQUIREMENTS AMENDING ZONE CODE SECTIONS 17.44.010, 17.44.030, 17.44.040, 17.44.140 AND 17.44.190. Recommendation: That the Planning Commission review the draft text amendments and direct staff as deemed appropriate. Background: A moratorium ordinance prohibiting the change of existing retail space to restaurant use expired on November 13, 2002. The moratorium was intended to provide time to study potential ways to regulate land use and parking in order to preserve existing downtown retail space and balance parking demand. With the expiration of the moratorium in November, it is now permissible to convert existing retail space to restaurant use. On October 22, 2002, the Council reviewed several implementation measures relating to parking standards for retail and restaurants. The proposed standards help balance downtown parking demand and supply. In the evening, the demand for parking is greatest when restaurants are heavily occupied. During the daytime there is generally ample parking supplied for all downtown uses. On November 12, 2002, the City Council directed staff to prepare a draft text amendment for downtown parking standards and referred the matter to the Planning Commission for consideration in January. Analysis: The City's Zone Code provides parking regulations that are specific to the downtown and some which are citywide. The City Council determined that conditions in the downtown are unique and that more restrictive restaurant parking standard and a less restrictive retail parking requirement should apply to the downtown exclusively. The proposed regulations involve: 1. Increasing the parking ratio for restaurants by eliminating the change of use credit allowed for restaurant projects of S, 000 square feet and less; and 2. Decreasing the parking ratio for retail and office from four to three spaces per], 000 sq. ft. Current Downtown Parking Requirement for Restaurants and Retail/Office ■ Restaurant 5,000 sq. ft or less.- 1 space/100 Sq. Ft. gross floor area or 10/1,000 sq. ft. ■ Retail/Office: 1 space/250 SF gross floor area or 4 /1,000 sq. ft. ■ One in -lieu parking space fee.- $12,500/space. ■ Change of Use: Parking requirements based on a credit calculated as difference between the existing use and new use. Proposed Changes: ■ Restaurant: 5,000 sq. ft or less ■ Retail/Office: ■ One in -lieu parking space fee: ■ Change of Use: Staff suggestion: 1 space/100 Sq. Ft. gross floor area or 10/1,000 sq. ft. 1 space/62.5 Sq. Ft. gross floor area or 3/1,000 sq. ft. $12,500/space or $18,000/space if land cost applied. Parking requirements for restaurants of 5,000 sq. ft. or less are based on the proposed use only. For all other projects, the parking credit to he set at the retail parking requirement of 4/1, 000 or a less restrictive requirement approved by Parking Plan. New Calculation for Restaurant Projects of S, 000 sq. ft. or Less 0 The proposed regulation eliminates the change of use parking credit for restaurants which is to be based solely on the new use under consideration. Currently, a credit is allowed in calculating the parking requirement for all uses, which means that all previous use for a property which were more intensive (i.e. movie theaters, bars, etc.) will no longer be considered in the restaurant parking requirement for projects of 5,000 sq. ft. or less. There will be no parking credit. For retail and office uses or larger restaurants, the requirement for additional parking will still be calculated as the difference between the parking requirement for the new use and the required parking for previous use unless additional regulations are established. This means that certain large multi -tenant buildings will still have a large parking credit available for non -restaurant uses unless additional parking regulations are established. The elimination of a parking credit for restaurants means that each project must provide the full complement of required parking. The proposed change means a typical project of 3,000 sq. ft, must provide 30 parking spaces (100% of the required parking) which is approximately 60 % more parking than is currently required. This change will result in 18 additional spaces per typical downtown project (the difference between the old requirement and the new requirement of 30 spaces) which if satisfied with an in lieu payment would cost $375,000. The resulting increase in the parking requirement will discourage retail to restaurant conversions, since it has such a large economic impact on project costs. Only a well capitalized business can afford the cost to provide in lieu parking at 10 per 1,000 sq. ft. The added costs provide a significant hurdle for the development of new or expanded restaurants and may help ensure that future development does n� exacerbate the peak evening parking demand. Furthermore, since virtually no on-site parking is available in the downtown, the only means to provide parking is through an in lieu payment program. This. program is used to eventually construct public parking in the Vehicle Parking District pursuant to City and Coastal Commission approval. New Retail/Office Parking Requirement: Generally, for new retail or office use conversions, no additional parking is required based on the current code provisions. The proposal to relax parking for retail/office use means that redevelopment or expansions to existing commercial buildings will be required to provide 25% less parking or 25% less in lieu fees. The parking reduction may bean incentive to develop new retail space in the downtown. This proposed change effectively decreases the parking supply in the downtown and must also be approved by the Coastal Commission. Additional Recommendations. Staff also recommends eliminating the large parking credit for certain existing buildings and creating a baseline for parking of all downtown uses as of January 1, 2003 3 A baseline will equitably set the parking requirements for all non -restaurant uses which are 5,000 sq. ft. or greater and all other uses at the rate of 4 spaces per 1,000 regardless of the previous use. This will help further balance the downtown parking supply where certain larger parcels may be redeveloped and be eligible for a credit that is particularly high because the previous use was a theater or bar (Please see attached parking calculation examples.) • Conclusion: The City Council determined that the best solution for creating parking balance in the downtown is to eliminate the restaurant parking credit for previous uses on a property and to decrease the retail/office parking requirement. These changes in conjunction with the current in lieu fee program and a new baseline for parking will discourage retail to restaurant conversions and help balance the supply of parking. The City may accept in lieu parking solely at its discretion and.- providing nd,providing parking in lieu for a project is always subject to discretionary review. The in lieu parking program is also subject to Coastal Commission approval which is typically concerned about project parking relative to the parking supply available for beachgoers. Generally, since public parking is well supplied in the daytime and since no additional retail parking is required to occupy an existing downtown space, only new retail or office development will be affected by the proposed reduction in the retail parking ratio. Furthermore, the proposed regulations provide some flexibility to redevelop the larger underdeveloped sites since parking credits and the in -lieu program will also be available. Sol Blumenfeld' Director Community De elopment Department • 1. Larger buildings such as the Bijou Building, 200 Pier Avenue, Loreto Plaza, etc. 2. A new survey of the Downtown land uses was prepared in December 2002. Attachments: 1, Draft Resolution 2. Map of Downtown Vehicle Parking District Newparkdwntwn2 0 Existing Code 1-rovisions 17.44. 040 Parking requirements for the downtown area. The following requirements apply within in the boundary. of the downtown area, as defined by the map incorporated by this reference. A. The amount of parking shall be calculated at sixty-five (65) percent of the parking required for each particular use as set forth in Section 17.44.030. B. Building sites equal to or less than ten thousand (10,000) square feet: If the floor area to lot area ratio is 1:1 or less no parking is required. If the floor area to lot area ratio exceeds 1:1 only the excess floor area over the 1:1 ratio shall be considered in determining the required parking pursuant to subsection A of this section. C. Bicycle racks/facilities shall be provided and/or maintained in conjunction with any intensification of use, or new construction, in an amount and location to the satisfaction of the planning director. (Ord. 94-1099 § 1, 1994: prior code Appx. A, § 1152.5) 17.44. 190 Off-street parking within vehicle parking districts. A. Parking requirements within parking districts shall be as provided in this chapter, except that when the city council provides for contributions to an improvement fund in lieu of parking spaces so required, said contributions shall be considered to satisfy the requirements of this chapter. If the downtown business area enhancement district commission determines that the private party is responsible for the in -lieu fee, the private party shall pay said fee as requested by the DBAEDC. B. The building director shall be responsible for the calculations required under this chapter and. the building department shall calculate and collect the in -lieu contribution for, and as directed by, resolutions passed by the vehicle parking district commission, as approved by the city council. C. The following allowances for parking may be allowed with a parking plan as approved by the planning commission and as prescribed in Section 17.44.210 1. Building sites containing less than four thousand one (4,001) square feet with a ratio of building floor area to buildine site of one to one or less may pay an "in - lieu” fee for all required spaces. 2. Building sites of less than four thousand one (4,001) square feet 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. 3. Building sites containing four thousand one (4,001) square feet or greater but less than twelve thousand one (12,001) square feet shall be required to provide a minimum of fifty (50) percent of all required parking on-site. 4. Building sites with or greater than twelve thousand one (12,001) square feet shall be required to provide one hundred (100) percent of all required parking on- site. (Ord. 94-1099 § 4, 1994; prior code Appx. A, § 1167 Proposed H„rended Language 17.44. 040 Parking requirements for the Downtown District. , The following requirements apply within in the boundary of the Downtown District, as defined by the map incorporated by this reference. A. The amount of parking shall be calculated for each particular use as set forth in Section 17.44.030 with the exception of the following: 1. Retail, general retail commercial uses: one space for each 333.3 square feet of gross floor area (or 3 spaces per 1000 square feet) 2. Offices, general: one space for each 333.3 square feet of gross floor area (or 3 spaces per 1000 square feet) 3. Office, medical: one space for each 333.3 square feet of gross floor area (or 3 spaces per 1000 square feet) B. When the use of an existing building or portion thereof of less than 5,000 square feet gross floor area is changed from a non -restaurant use to a restaurant use, the parking requirement shall be calculated as set forth in Section 17.44.030, with no parking credit allowed for the existing or prior use. C. When the use of an existing building or a portion thereof is changed to a more intensive use with a higher parking demand (with the exception of restaurants less than 5,000 square feet gross floor area as noted above), the requirement for additional parking shall be calculated as the difference between, the required parking as stated in this chapter for that particular use as compared to a base requirement of 1 space per 250 square feet gross floor area. D. For expansions to existing buildings legally nonconforming to parking requirements, parking requirements shall only be applied to the amount of expansion. 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 an -lieu contribution. 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. le • • 0 17.44.140 Requirements for new and existing construction D. For every building in a C or M zone hereafter erected, or reconstructed, or expanded, the parking requirements and turning area for the entire building shall be as set forth in this chapter. However for an expansion of an existing building legally nonconforming to parking requirements, parking requirements shall only be applied to the amount of expansion, subject to Section 17.44.040 for expansions in the downtown area. I:n no case shall new construction reduce the parking serving an existing use below the requirements of this chapter. E. When the use of an existing building or structure is changed to a more intense use with a higher parking demand there shall be. no additional parking requirement for sites in the downtown area except to the extent there is a change of floor area to lot area ratio in excess of 1:1. Otherwise, the requirement for additional parking, shall be calculated as the difference between the required parking as stated in this chapter 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 this chapter. 17.44.140 Requirements for new and existing .construction For buildings containing commercial uses in the downtown district Section 17.44.040. D. For every building in a Commercial or Manufacturing zone hereafter erected, or reconstructed, or expanded, the parking requirements and turning area for the entire building shall be as set forth in this chapter. However, for an expansion of an existing building legally nonconforming to parking requirements, parking requirements shall only be applied to the amount of expansion. In no case shall new construction reduce the parking serving an existing use below the requirements of this chapter E. When the use of an existing building or structure not located in the downtown district is changed to a more intense use with a higher parking demand the requirement for additional parking shall be calculated as the difference between the required parking as stated in this chapter for that particular new 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 this chapter. Attachment q ■!!MMmn�� li�YYYYY.rrrrs ■ ��1�■1■�■ �r■i i � IloiloIN ohm ii�' X71' ■o ' ■■■■til' .o f` ■ '� CL■ 0 V � M � 0 f 0 F M 0 r_ y> J ■ ` o � ■� o. Ali 111■� i1�1i� �.���� 0N r •, 0 0 y> J ■ Downtown District • 1 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 03-1229 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE TO ADD COMPUTER AND INTERNET ACCESS CENTER AS A CONDITIONALLY PERMITTED USE IN THE C-3 ZONE 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 March 18, 2003, to consider a request to amend the Zoning Ordinance to add "computer and internet access center" as a permitted use in the C-3 Zone, at which testimony and evidence, both written and oral, was presented to and considered by the Commission. The Planning Commission recommended to add, "computer and internet access center" as a conditionally permitted use in the C-3 Zone. SECTION 2. The City Council held a duly noticed public hearing on April 22, 2003, to consider the recommendation of the Planning Commission to amend the Zoning Ordinance to add "computer and internet access center" as a conditionally permitted use in the C-3 Zone, at which testimony and evidence, both written and oral, was presented to and considered by the City 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 the Hermosa Beach Municipal Code, Title 17 -Zoning, be amended as follows: Amend Chapter 17.26.030, C-1, C-2 and C-3 Land Use Regulations to add the following as a conditionally permitted use to the permitted use matrix: SE C-1 C-2 ]IC -3 ee Section Com uter and Internet Access Center , p U 17 40.020 2 3 4 5 6 7 8 9 10 12 13 • 14 i 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 day of May, 2003 by the following vote: AYES: Keegan, Yoon, and Mayor Edgerton NOES: Dunbabin and Reviczky ABSENT- None ABSTAIN: None r ®�4 i -- ) ,a PRE IDI(NT of the City Counci ATTEST - City Clerk 03-1229 2/2 and MAYOR of the City of Hermosa Beach, California APPROVED AS TO FORM: • 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. 03-1229 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 13`h day of May 2003, and said ordinance was published in the Easy Reader newspaper on May 22, 2003 The vote was as follows: AYES: Keegan, Yoon and Mayor Edgerton NOES: Dunbabin and Reviczky ABSENT- None ABSTAIN: None DATED: May 27, 2003 City Clerk U EASY READER, INC. P.O. BOX 427 832 HERMOSA AVENUE HERMOSA BEACH, CA 90254 Ph: 3 10 3 72-461 1 Fax: 310 318-6292 beverly@easy reader. 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: May 22 ALL IN THE YEAR 2003 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signed at HERMOSA BEACH, CALIFORNIA, This 22" d day of May, 2003 Beverly Morse, rincipal Clerk Proof of Publication of: CITY OF HERMOSA BEACH Ordinance 031229 HCO3 -009 ORDINANCE NO. 03-1229 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE TO ADD COMPUTER AND INTERNET ACCESS CEN- TER AS A CONDITIONALLY PERMITTED USE IN THE C-3 ZONE 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 March 16, 2003, to consider a request to amend the Zoning' Ordinance to add "computer and internet access center" as a permitted use in the C-3 Zone, at which testimony and evidence, both written and oral, was present- ed to and considered by the Commission. The Planning Commission recommended to add, 'computer and Inter- net access center" as a con- ditionally permitted use in the C-3 Zone. SECTION 2. The City Council held a duly noticed public hearing on April 22, 2003, to consider the recom- mendation of the Planning Commission to amend the Zoning Ordinance to add "computer and internet access center" as a condi- tionally permitted use in the C-3 Zone, at which testimony and evidence, both written and oral, was presented to and considered by the City 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 modi- fications to the Zoning Ordinance may have a signifi- cant effect on the environ- ment. 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 the Hermosa Beach Municipal Code, Title' 17 -Zoning, be amended as follows: Amend Chapter 17.26.030, C -i, C-2 and C-3 Land Use Regulations to add Computer and Internet Access Center as a conditionally permitted use in the C-3 zone. (see Section 17.40.020) 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 and adopted. PASSED, APPROVED and ADOPTED this 13th day of May, 2003 by the following vote: AYES: Keegan, Yoon, and Mayor Edgerton NOES: Dunbabin and Reviczky ABSENT: None ABSTAIN: None Sam 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 ER May 22, 2003/HCO3-009 N W c C] C] 2 3 4 5 6 7 s 9 10 ORDINANCE NO. 03-1230 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CALIFORNIA, AMENDING SECTION 12.28.010 OF THE HERMOSA BEACH MUNICIPAL CODE RELATING TO THE REGULATION OF SPECIAL EVENTS IN THE CITY The City Council of the City of Hermosa Beach does hereby ordain as follows: SECTION 1. Section 12.28.010 of Title 12, Chapter 12.28 of the Hermosa Beach Municipal Code is amended to read as follows: 12.28.010 A. 12 13 • 14 15 16 17 1s B 19 20 C 21 22 23 24 25 26 27 • 28 Special Event Permits. For purposes of this Section, a "special event" shall mean any organized event, activity, celebration or function involving the use of City property, rights-of-way, or parkland at which twenty-five (25) or more persons are to be assembled, or use of the beach at which two hundred (200) or more persons are to be assembled. The activities described in Sections 12.28.060 through 12.28.090 and 12.28.110 are "special events" within the meaning of this Section regardless of anticipated or actual attendance. No person shall organize or conduct a special event without first obtaining a permit to do so as prescribed by this Section. Application for a special event permit shall be made on forms provided for that purpose by the Community Resources Department, and shall contain the following information: 1. Name, address, telephone number and other identification information about the person or organization responsible for organizing the event, including its commercial/nonprofit status. 2. The proposed dates and hours of operation of the event, including the period required for set-up and break-down/clean-up. n LJ 2 3 4 5 6 7 8 9 10 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 3. The estimated daily and total attendance at the event (including organizers, participants, spectators, volunteers and others), with an explanation as to the factual basis for the estimate. 4. A description of all organized activities proposed to take place during the event, and whether admission is to be charged. 5. A description or diagram showing the proposed location of the event, including all temporary facilities/structures/signage/equipment to be erected, ingress and egress, number and type of vehicles and whether existing structures/facilities are to be relocated or modified. 6. A parking plan showing the number of public parking spaces to be occupied by the event organizers, the location of satellite parking lots to be used for attendee parking, arrangements for shuttle bus transportation, and plans for publicizing the availability of off-site public parking. 7 Such other information determined by the Director of Community Resources to be necessary to evaluate the proposed event. 8. A permit fee in an amount determined by resolution of the City Council. 9. A dated signature of the organizer or its authorized agent attesting to the truth, completeness and accuracy of the contents of the application. D. The Community Resources Director may issue a special events permit upon finding that: 1, The special event, if it falls within Sections 12.28.060 through 12.28.090 and 12.28.110, is included in the annual special event calendar approved by the City Council. 2. The applicant reimburses the City for all costs incurred by the City in connection with the event, including public safety, traffic control and monitoring. -2- 2 3 4 5 6 7 8 9 10 12 13 14 • 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 3. The number of estimated attendees can be accommodated at the proposed location and surrounding area. 4. The applicant is capable and qualified to manage the event in a competent, professional manner in accordance with all conditions of approval. 5. Adequate provision has been made for satellite parking, shuttle transportation and traffic control. 6. Adequate provision has been made for security, crowd control, ingress and egress, and clean-up. 7 The total number of days required for the event shall not exceed sixteen (16) days. 8. The applicant provides required insurance, deposits, bonding and indemnification of the City. E. The Community Resources Director may impose such conditions and operational rules and regulations on the special event permit as are necessary to minimize its impact on the community and to assure that it will not be a detriment to public health and safety. Such conditions include, but are not limited to: 1, Monetary deposits, bonds and other security as may be necessary to guarantee performance of all required conditions, clean-up and repair of any City property or facilities damaged as a result of the event. ' 2. Procurement of liability and other insurance policies to protect the applicant and attendees, naming the City and its officers and employees as additional insureds. 3. Limitations on the hours of operation and volume of public address systems and/or amplified music. F. Any person may appeal a decision of the Community Resources Director as regards a special event permit application by filing an appeal in writing to the City Clerk within ten (10) days of the decision. The appeal shall set forth the grounds upon -3- n LJ 2 3 4 5 6 7 8 9 10 12 13 14 • 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 which the appellant believes the decision is in error or contrary to applicable law. The City Council shall consider and take action on the appeal at its next regular meeting following receipt of the appeal, provided that it may continue its deliberations to a date certain with the consent of the applicant. The decision of the City Council shall be final." SECTION 2. This code amendment is categorically exempt from environmental review pursuant to the California Environmental Quality Act Guidelines, Section 15305, Class 5: Minor Changes in Land Use Limitations, because the amendment would make minor changes in the regulation of temporary land uses. SECTION 3. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause the ordinance to be published in the Easy Reader, a weekly newspaper of general circulation, published and circulated in the City of Hermosa Beach. 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. PASSED, APPROVED and ADOPTED this 24th day of June, 2003 by the following vote: AYES: Dunbabin, Edgerton, Reviczky, Yoon, Mayor Keegan NOES: None ABSENT- None ABSTAIN: None PRESIDENT of the City Council and MAYOR`of t9e Ci7 6f Hermosa Beach, California ATTEST- APPROVEDAS TO FORM: City Clerk City Attorney -4- 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. 03-1230 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 day of June, 2003, and said ordinance was published in the Easy Reader newspaper on July 3, 2003. The vote was as follows: AYES: Dunbabin, Edgerton, Reviczky, Yoon, Mayor Keegan 0 NOES: None ABSENT- None ABSTAIN: None DATED: July 3, 2003 City Clerk • EASY READER, INC. 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, 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: July 3 ALL IN THE YEAR 2003 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signed at HERMOSA BEACH, CALIFORNIA, This 3rd day of July, 2003 C� f--�. I , Beverly Morse, 'neipa Cle k Proof of Publication of. CITY OF HERM0 A BEACH Ordinance 03-1230 HCO3 -014 ORDINANCE NO. 03-1230 �w�•oo c tip; AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ' 2 a o CALIFORNIA, AMENDING SECTION 12.28.010 OF THE HERMOSA BEACH MUNICIPAL CODE F° r RELATING TO THE REGULATION OF SPECIAL EVENTS IN THE CITY The City Council of the City of Hermosa Beach does hereby ordain as follows: SECTION 1. Section 12.28.010 of Title -12, Chapter 12.28 of the Hermosa Beach Municipal Code is amended to read as fol- lows: "12.28.010 Special Event Permits. A. For purposes of this Section, a "special event" shall mean any organized event, activity, celebration or function involving the use of City property, rights-of-way, or park- land at which twenty-five (25) or more persons are to be assembled, or use of the beach at which two hundred (200) or more persons are to be assembled. The activities described in Sections 12.28.060 through 12.28, 090 and 12.28.110 are "special events" within the meaning of this Section regardless of anticipated or actual attendance. B. No person shall organize or conduct a special event with- out first obtaining a permit to do so as prescribed by this Section. C. Application for a special event permit shall be made on forms provided for that purpose by the Community Resources Department, and shall contain the following information: 1. Name, address, telephone number and other identifi- cation information about the person or organization responsible for organizing the event, including its com- mercial/nonprofit status. 2. The proposed dates and hours of operation of the event, including the period required for set-up and break-down/clean-up. 3. The estimated daily and total attendance at the event (including organizers, participants, spectators, volun- teers and others), with an explanation as to the factu- al basis for the estimate. 4. A description of all organized activities proposed to take place during the event, and whether admission is to be charged. 5. A description or diagram showing the proposed loca- tion of the event, including all temporary facilities/structures/signage/equipment to be erected, ingress and egress, number and type of vehicles and whether existing structures/facilities are to be relocat- ed or modified. 6. A parking plan showing the number of public parking spaces to be occupied by the event organizers, the location of satellite parking lots to be used for attendee parking, arrangements for shuttle bus transportation, and plans for publicizing the availability of off-site pub- lic parking. 7. Such other information determined by the Director of Community Resources'to be necessary to evaluate the proposed event. 8. A permit fee in an amount determined by resolution of the City Council. 9. A dated signature of the organizer or its authorized agent attesting to the truth, completeness and accura- cy of the contents of the application. D. The Community Resources Director may issue a special events permit upon finding that: 1. The special event, if it falls within Sections 12.28.060 through 12.28.090 and 12.28.110, is included in the annual special event calendar approved by the City Council. 2. The applicant reimburses the City for all costs incurred by the City in connection with the event, including pub- lic safety, traffic control and monitoring. 3. The number of estimated attendees can be accommo- dated at the proposed location and surrounding area. 4. The applicant is capable and qualified to manage the event in a competent, professional manner in accor- dance with all conditions of approval. 5. Adequate provision has been made for satellite parking, shuttle transportation and traffic control. 6. Adequate provision has been made for security, crowd control, ingress and egress, and clean-up. 7. The total number of days required for the event shall not exceed sixteen (16) days. 8. The applicant provides required insurance, deposits, bonding and indemnification of the City. E. The Community Resources Director may impose such con- ditions and operational rules and regulations on the spe- cial event permit as are necessary to minimize its impact on the community and to assure that it will not be a detri- ment to public health and safety. Such conditions include, but are not limited to: 1. Monetary deposits, bonds and other security as may be necessary to guarantee performance of all required conditions, clean-up and repair of any City property or facilities damaged as a result of the event. 2. Procurement of liability and other insurance policies to protect the applicant and attendees, naming the City and its officers and employees as additional insureds. 3. Limitations on the hours of operation and volume of public address systems and/or amplified music. F. Any person may appeal a decision of the Community Resources Director as regards a special event permit application by filing an appeal in writing to the City Clerk within ten (10) days of the decision. The appeal shall set forth the grounds upon which the appellant believes the decision is in error or contrary to applicable law. The City Council shall consider and take action on the appeal at its next regular meeting following receipt of the appeal, pro- vided that it may continue its deliberations to a date cer- tain with the consent of the applicant. The decision of the City Council shall be final" SECTION 2. This code amendment is categorically exempt from environmental review pursuant to the California Environmental Quality Act Guidelines, Section 15305, Class 5: Minor Changes in .Land Use Limitations, because the amend- ment would make minor changes in the regulation of temporary land uses. SECTION 3. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause the ordinance to be published in the Easy Reader, a weekly newspaper of gen- eral circulation, published and circulated in the City of Hermosa Beach. 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 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 24th day of June, 2003 by the following vote: AYES: Dunbabin, Edgerton, Reviczky, Yoon, and 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: APPROVED AS TO FORM: _Elaine Doerfling Michael Jenkins City Clerk City Attorney ER July 3, 2003/HCO3-014 1 • 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 03-1231 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE HERMOSA BEACH ZONING ORDINANCE RELATING TO THE REGULATION OF DAY CARE HOMES IN THE CITY The City Council of the City of Hermosa Beach, California, does ordain as follows: SECTION 1. Sections 17.04.040 and 17.08.020, Chapter 17.40, and Section 17.40.100, of the City's Zoning Ordinance are being amended in order to bring the Ordinance into consistency with state law with regard to the regulation of large day care homes. SECTION 2. The Planning Commission conducted a duly noticed public hearing to consider the subject code amendment on July 15, 2003, at which testimony and evidence, both written and oral, was presented to and considered by the Planning Commission, and the Planning Commission recommended approval of the code amendment. SECTION 3. The City Council conducted a duly noticed public hearing to consider and review the code amendment and the recommendation of the Planning Commission on July 22, 2003, at which testimony and evidence, both written and oral, and the record of the Planning Commission's recommendation was presented to and considered by the City Council. SECTION 4. Based on the foregoing, the City Council hereby ordains that the Hermosa Beach Municipal Code be amended as follows: 1. The definitions for "Day Care Homes" in Section 17.04.040 of Title 17 of the Hermosa Beach Municipal Code are hereby amended to read as follows: " `Day Care Home' or `Family Day Care Home' means a home that regularly provides care, protection, and supervision for 14 or fewer children, in the provider's own home, for periods of less than 24 hours per day, while the parents or guardians are away, and is either a `large day care home' or a `small day care home' `Day Care Home, Large' means a home that provides family day care for 7 to 14 children, inclusive, including children under the age of 10 years who reside at the home, as set forth in Section 1597.465 of the California Health and Safety Code. I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 0 28 `Day Care Home, Small' means a home that provides family day care for 8 or fewer children, including children under the age of 10 years who reside at the home, as set forth in Section 1597.44 of the California Health and Safety Code." 2. Subsection 17.08.020-D of Title 17 of the Hermosa Beach Municipal Code, pertaining to permitted uses in the R-1 Zone, is hereby amended to read as follows: "D. Day care homes, large, as an accessory use to a single family detached dwelling if a Day Care Permit is approved pursuant to Section 17.40.100." 3. The title of Chapter 17.40 is hereby amended to read as follows: "CONDITIONAL USE PERMIT AND OTHER PERMIT STANDARDS" Also, Section 17.40.100 is hereby amended to read as follows: 1117.40.100 Large day care homes. A. Number of children. Large day care homes are permitted as an accessory use to a single family detached dwelling if a Day Care Permit is approved pursuant to this Section. Such day care homes provide care for seven to 12 children, but may also provide care for up to 14 children if all of the following conditions are met: 1. At least two of the children are at least six years of age. 2. No more than three infants are cared for during any time when more than 12 children are cared for. 3. The licensee notifies each parent that the facility is caring for two additional school age children and that there may be up to 13 or 14 children in the home at one time. 4. The licensee obtains the written consent of the property owner when the day care home is operated on property that is leased or rented. B. Requirements for large day care homes. Large day care homes shall conform to the following requirements: 1 03-1231 2/5 1. All facilities shall comply with this section and with any additional requirements imposed as part of the Day Care Permit or of any other I • 2 3 4 5 6 7 8 9 10 11 12 13 14 • 15 16 17 18 19 20 21 22 23 24 25 26 27 . 28 applicable permit. 2. All facilities shall comply with the development standards of the residential district in which they are located. 3. Parking shall be provided in accordance with the applicable requirements of the primary residential use of the property. 4. Restrictions to ensure compliance with City noise regulations (Municipal Code Chapter 8.24) may be placed on the operation of the day care home, including but not limited to the time and location of outdoor activities. C. Findings for approval of large day care homes. Large day care homes shall be permitted by the Director of Community Development. The Director shall approve the Day Care Permit if the following findings are met: 1. The requirements set out in Paragraph B of this Section, preceding, have been satisfied. 2. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity in terms of traffic, parking, noise, or other impacts. D. Procedures for review of day care permits. Day Care Permits shall be reviewed in accordance with the following procedures: 03-1231 3/5 1. Application for a day care permit shall be made to the Director of Community Development on forms provided by the Director and shall include such information as may be reasonably required by the Director for a complete understanding of the day care home proposal. Application shall indicate that the applicant is in possession of a State license for a prerequisite for applying to the City. 2. The application shall include a listing of the name and address of all owners shown on the last equalized assessment roll as owning real property within a I 2 3 4 5 6 7 8 9 10 12 13 14 • 15 16 17 18 19 20 21 22 23 24 25 26 27 28 100 -foot radius of the exterior boundaries of the proposed large day care home property. Notification of the proposal shall be mailed to such owners not less than ten days prior to the date on which review of the application is scheduled. 3. No hearing on the application for a permit issued pursuant to this Section shall be held unless a hearing is requested by the applicant or other affected person. If a hearing is requested, the Director shall conduct the hearing. 4. The Director shall take action on the application in accordance with the provisions of Paragraph C of this Section. Within 10 calendar days of the decision, the applicant or other affected person may appeal the decision to the Planning Commission. The appellant shall pay the cost of the appeal, as set by the City. Appeals shall be made in writing on forms provided by the Director. The filing of an appeal shall suspend the Director's decision until resolution of the appeal by the Planning Commission. In hearing the appeal, the Planning Commission shall conduct a duly advertised public hearing, public notice of which shall be given at least ten calendar days prior to said hearing. After considering the appeal, the Planning Commission may confirm, reverse, or modify the decision of the Director. The Planning Commission's decision shall be final unless appealed to the City Council. E. No change of occupancy. Use of a single family dwelling for a day care home shall not constitute a change of occupancy under the State Housing Law or City building and fire codes. F. No environmental review. In accordance with in Section 1597.46 of the California Health and Safety Code, the establishment and operation of large day care homes shall not be subject to the provisions of the California Environmental Quality Act (Division 13 of the Public Resources Code)." SECTION 5. This code amendment is categorically exempt from environmental review pursuant to the California Environmental Quality Act Guidelines, Section 15305, Class 5: Minor 03-12314/5 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 is 28 Changes in Land Use Limitations, because the amendment would make minor changes in the regulation of an accessory land use. 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 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 proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 12th day of August, 2003 by the following vote: AYES: Dunbabin, Edgerton, Reviczky, Yoon, and Mayor Keegan NOES: None ABSENT- None ABSTAIN: None ATTEST - City Cleric of theityKf/il and MAYOR of the City of Hermosa Beach, California OPPROVED ASFORM: cG� / City Attorney • STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF HERMOSA BEACH 0 -16 I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do hereby certify that the foregoing Ordinance No. 03-1231 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 day of August 2003, and said ordinance was published in the Easy Reader newspaper on August 21, 2003 The vote was as follows: AYES: Dunbabin, Edgerton, Reviczky, Yoon and Mayor Keegan NOES: None ABSENT- None ABSTAIN: None DATED: September 9, 2003 City Clerk EASY READER, INC. so, P.O. BOX 427 832 HERMOSA AVENUE HERMOSA, BEACH, CA 90254 Ph: 310 372-4611 Fax: 3 10 3 18-6292 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, a newspaper of general circulation, printed and published WEEKLY in the City of HERMOSA BEACH, County of Los Angeles, and 49which . 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: August 28, September 4 ALL IN THE YEAR 2003 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signed at HERMOSA BEACH, CALIFORNIA, This 4`h day of September, 2003 - 'J Beverly Md"rd, Pri ipal Clerk 0%e Proof of Publication of: CITE' OF HERMOSA BEACH Nominees HD03-032 ORDINANCE NO. 03-1231 AN ORDINANCE OFTHE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE HERMOSA BEACH ZONING ORDINANCE RELATING TO THE REGULATION OF DAY CARE HOMES IN THE CITY The City Council of the City of Hermosa Beach, California, does ordain as fol- lows: SECTION 1. Sections 17.04.040 and 17.08.020, Chapter 17.40, and Section 17.40.100, of the City's Zoning Ordinance are being amended in order to bring the Ordinance into consistency with state law with regard to the regulation of large day care homes. SECTION 2. The Planning Commission conducted a duly noticed public hearing to consider the subject code amendment on July 15, 2003, at which testimony and evi- dence, both written and oral, was presented to and consid- ered by the Planning Commission, and the Planning Commission recom- mended approval of the code amendment. SECTION 3. The City Council.conducteda duly noticed public hearing to con- sider and review the code amendment and the recom- mendation of the Planning Commission on July 22, 2003, at which testimony and evidence, both written and oral, and the record of the Planning Commission's rec- ommendation was presented to and considered by the City Council. SECTION 4. Based on the foregoing, the City Council hereby ordains that the Hermosa Beach Municipal Code be amended as follows: 1. The definitions for "Day Care Homes" in Section 17.04.040 of Title 17 of the Hermosa Beach Municipal Code are hereby amended to read as follows: " 'Day Care Home' or 'Family Day Care Home' means a home that regular- ly provides care, protection, and supervision for 14 or fewer children, in the provider's own home, for periods of less than 24 hours per day, while the parents or guardians are away, and is either a 'large day care home' or a 'small day care home'. 'Day Care Home, Large' means a home that pro- vides family day care for 7 to 14 children, inclusive, including children under the age of 10 years who reside at the home, as set forth in Section 1597.465 of the California Health and Safety Code. 'Day Care Home, Small' means a home that pro- vides family day care for 8 or fewer children, including children under the age of 10 years who reside at the home, 'as set forth in Section 1597.44 of the California Health and Safety Code" 2. Subsection 17.08.020-D of Title 17 of the Hermosa Beach Municipal Code, per- taining to permitted uses in the R-1 Zone, is hereby amended to read as follows: "D. Day care homes, large, as an accessory use to a single family detached dwelling if a Day Care Permit is approved pursuant to Section 17.40.100.' 3. The title of Chapter 17.40 is hereby amended to read as follows: "CONDITIONAL USE PERMIT AND OTHER PER- MIT STANDARDS". Also, Section 17.40.100 is hereby amended to read as follows: "17.40.100 Large day care homes. A. Number of children. Large day care homes are' permitted as an accessory use to a single family detached dwelling if a Day Care Permit is approved pur- suant to this Section. Such day care homes provide care for seven to 12 children, but may also provide care for up to 14 children if all of the fol; lowing conditions are met: 1. At least two of the children are at least six years of age. 2. No more than three infants are cared for during any time when more than 12 children are cared for. 3. The licensee notifies each parent that the facility is caring for two additional school age children and that there may be up to 13 or 14 children in the home at one time. 4. The licensee• obtains the written consent of the property owner when the day care home is operat- ed on property that is leased or rented. B. Requirements for law day care homes. Large day care homes shall conform to the following requirements: 1. All facilities' shall comply with this section and with any additional require- ments imposed as part of the Day Care Permit or of any other applicable per- mit. 2. All facilities shall comply with the development stan- dards of the residen- tial district in which they are located. 3. Parking shall be pro- vided in accordance with the applicable requirements of the primary residential use of the property. 4. Restrictions to ensure compliance with City noise regu- lations (Municipal Code Chapter 8.24) may be placed on the operation of the day care home, including but not lim- ited to the time and location of outdoor activities. C. Findings for approval of Ilrye day care homes. Large day care homes shall be per- mitted by the Director of Community Development. The Director shall approve the Day Care Permit if the following findings are met: 1. The requirements set out in Paragraph B of this Section, preceding, have been.satisfied. 2. Approval of the applica- tion will not create condi- tions materially detri- mental to the public health, safety and gener- al welfare or injurious to or incompatible with other properties or land uses in the vicinity in terms of traffic, parking, noise, or other impacts. D. Procedures for review of lay 'care permits. Day Care Permits shall be reviewed in accordance with the following procedures: 1. Application' for a day care permit shall be made to the Director of C o m m u n i.t y Development on forms provided by the Director and shall include such information as may be reasonably required by the Director for a com- plete' understanding of the day care home pro- posal. Application shall indicate that the appli- cant is in possession of a State license for a prerequisite for apply- ing to the City. 2. The application shall include a listing of the name and address of all owners shown on the last equalized assess- ment roll as owning real property within a 100 - foot radius of the exteri- or boundaries of the proposed large day care home property. Notification of the pro- posal shall be mailed to such owners not less than ten days prior to the date on which review of the applica- tion is scheduled. 3. No hearing - on the application for a permit issued pursuant to this Section shall be held unless a hearing is requested by the appli- cant or other affected person. If a hearing is requested, the Director shall conduct the hear- ing. 4. The Director shall take action on the applica- tion in accordance with the provisions of Paragraph C of this Section. Within 10 cal- endar days of the deci- sion, the applicant or other affected person may appeal the deci- sion to the Planning Commission. The appellant shall pay the cost of the appeal, as set by the City. Appeals shall be made in writing on forms provided by the Director. The filing of an appeal shall sus- pend the Director's decision until resolution of the appeal by the Planning Commission. In hearing the appeal, the Planning Commission shall con- duct a duly advertised public hearing, public notice of which shall be given at least ten calen- dar days prior to said hearing. After consider- ing the appeal, the Planning Commission may confirm, reverse, or modify the decision 3 of the Director. The Planning Commission's decision shall be final unless appealed to the City Council. E. No change of occu aaiia. Use of a single family dwelling for a day care home shall not constitute a change of occu- pancy under the State Housing Law or City building and fire codes. F. No environmental review. In accordance with in Section 1597.46 of the California Health and Safety Code, the establishment and operation of large day care homes shall not be subject to the -provi- sions of the California Environmental Quality Act (Division 13 of the Public Resources Code)" SECTION 5. This code amendment is categorically exempt from environmental review pursuant to the California Environmental Quality Act Guidelines, Section 15305, Class 5: Mino rChanges in Land Use Limitations, because the amendment would make minor changes in the regula- tion of an accessory land use. 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 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 tfiis 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 12th day of August, 2003 by the following vote: AYES: Dunbabin, Edgerton, Reviczky, Yoon, and 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 ER August 21, 2003/ HCO3 -015 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 0 28 ORDINANCE NO. 03-1232 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE, CHAPTER 17.26 TO LIST CONDOMINIUMS AS PERMITTED USE IN RESIDENTIAL/ COMMERCIAL PROJECTS IN THE C-1 ZONE 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 15, 2003, to consider amending Section 17.26.030 of the Zoning Ordinance, which contains the list of permitted uses in the C-1, C-2, and C-3 zones, and to initiate and consider a text amendment to allow condominiums in addition to apartments as a conditionally permitted use above commercial in the C-1 zone, at which testimony and evidence, both written and oral, was presented to and considered by the Planning Commission. Based on the evidence considered, the Planning Commission recommended approval of the text amendment. SECTION 2. The City Council held a duly noticed public hearing on August 12, 2003, to consider and review the proposed text amendment and the recommendation of the Planning Commission, at which testimony and evidence, both written and oral, and the record of the Planning Commission's recommendation was presented to and considered by the City Council. SECTION 3. Based on the evidence considered at the public hearing, and the recommendation of the Planning Commission, the City Council hereby ordains that the Hermosa Beach Municipal Code, Title 17 — Zoning, Chapter 17.26, be amended as follows: Amend the matrix contained in Section 17.26.030, C-1, C-2 and C-3 land use regulations as follows (underlined text to be added): Use Residence:mafe-af)aAments fnAy-be U built ab mer�al-building residential uses above ,ground floor commercial use(s), including condominium developments. C-1 I C-2 I C-3 I See Section - I - 117.40.020 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 s 15 16 17 18 19 20 21 22 23 24 25 26 27 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, California, 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 12th day of November 2003, by the following vote: AYES: Dunbabin, Edgerton, Reviczky, Yoon, and Mayor Keegan NOES: None ABSTAIN: None ABSENT- None PRESIDENT of the City ATTEST - it Clerk • 28 11 03-1232 2/2 and MAYOIV the City of Hermosa Beach, California APPROVED AS TO FORM: 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. 03-1232 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 November 2003, and said ordinance was published in the Easy Reader newspaper on November 20, 2003. The vote was as follows: AYES: Dunbabin, Edgerton, Reviczky, Yoon and Mayor Keegan NOES: None ABSENT- None ABSTAIN: None DATED: November 25, 2003 City Clerk • EASY READER, INC. 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, 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: November 20 ALL IN THE YEAR 2003 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signed at HERMOSA BEACH, CALIFORNIA, This 20 1h day of November, 2003 ;��Pao vq--- Beverly Mors rinci al Jerk Proof of Publication of: CITY OF HERMOSA BEACH Ordinance 03-1232 Zoning HCO3 -023 r o = � ,o XF ORDINANCE NO. 03-1232 AN ORDINANCE OFTHE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE, CHAPTER 17.26 TO LIST CONDO- MINIUMS AS PERMITTED USE IN RESIDENTIAL/ COMMERCIAL PROJECTS IN THE C-1 ZONE 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 July 15, 2003, to consider amend- ing Section 17.26.030 of the Zoning Ordinance, which con- tains the list of permitted uses in the C-1, C-2, and C-3 zones, and to initiate and con- sider a text amendment to allow condominiums in addi- tion to apartments as a condi- tionally permitted use above commercial in the C-1 zone, at which testimony and evi- dence, both written and oral, was presented to and consid- ered by the Planning Commission. Based on the evidence considered, the Planning Commission recom- mended approval of the text amendment. SECTION 2. The City Council held a duly noticed public hearing on August 12, 2003, to consider and review the proposed text amendment and the recommendation of the Planning Commission, at which testimony and evi- i dence, both written and oral, and the record of the Planning Commission's recommenda- tion was presented to and considered by the City Council. SECTION 3. Based on the evidence considered at the public hearing, and the rec- ommendation of the Planning Commission, the City Council hereby ordains that the Hermosa Beach Municipal Code, Title 17 — Zoning, Chapter 17.26, be amended as follows: Amend Chapter 17.26.030, C-1, C-2 and C-3 Land Use Regulations, to replace lan- guage as follows: "Residence: residential uses above ground floor commercial use(s), including condominium devel- opments" in the C-1 zone. (See Section 17.40.020). SECTION 4. 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 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. �TIOtl . The City Clerk shall certify to the passage and adoption of this ordi- nance, shall enter the same in tlie' 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 I ADOPTED this 12th day of November 2003, by the fol- i lowing vote: AYES: Dunbabin, Edgerton, Reviczky, Yoon, and 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 M cha I FORM: Mi City Attorney ER November 20, 20031 HCO3 -023 �m 2 3 4 5 6 7 s 9 10 11 12 13 10 14 15 16 17 1s 19 20 21 22 23 24 25 26 • 27 28 ORDINANCE NO. 03-1233 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CALIFORNIA, AMENDING THE ZONING FROM M-1 (LIGHT MANUFACTURING) TO R-2 (TWO-FAMILY RESIDENTIAL) FOR THE PROPERTY LOCATED AT 603 THIRD STREET (ON THE NORTHEAST CORNER OF THIRD STREET AND ARDMORE AVENUE), LEGALLY DESCRIBED AS A. PORTION OF LOTS 449 45 AND 46, WALTER RANSOM CO'S VENABLE PLACE, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. An application was filed by Susan Scott owner of real property at 603 Third Street 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 July 15, and August 19, 2003 at which testimony and evidence, both written and oral, was presented to and considered by the Planning Commission, and recommended approval of said zone change. SECTION 3. The City Council conducted a duly noticed public hearing on September 23, 2003, to consider the recommendation of the Planning Commission to approve the requested Zone Change, at which testimony and evidence, both written and oral, was presented to and considered by the 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 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 one adjacent lot immediately to the north which is not included in this request, which would remain M-1 zoned. Properties to the west are designation Low Density Residential, and zoned R-1. F-2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 SECTION 5. Based on the foregoing factual findings, and the record of the decision of the Planning Commission, the City Council makes the following findings pertaining to the Zone Change: 1. The Zone Change will bring the subject property into consistency with the Land Use Map of the City's 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 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 a less than significant impact on the environment, and therefore qualifies for a 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 properties, as described below and shown on the attached map, from M-1 (Light Manufacturing) to R-2 (Two -Family Residential): 603 Third Street, legally described as a portion of lots 44, 45, and 46 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. 103-1223 2/3 • C] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16i 18 19 20 21 22 23 24 25 26 27 28 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 day of October, 2003 by the following vote: AYES: Dunbabin, Edgerton, Reviczky, Yoon, and Mayor Keegan NOES: None ABSENT- None ABSTAIN: None PRESIDENT of the City Council and MAYOR 4 the City of Hermosa Beach, California ATTEST- APPROVED AS TOPFORM: City Clerk 103-1233 3/3 ► 1 , A J 0 SPA -7 G3 -/.233- s 3 - /.233 SPA it . O EESPA.] SPA -7 SPA -7 SPA -7 0 SPA -7 M 5 ARDM�RE ■ OS R-1 0S R-1 R-1 Oe ■_ a ZONING MAP HILL ST. .y �/ *.� W OS. .y R -2o R-2 R-2 o R-2 y Subject Property Propowfcw-Zone aange fmmM-ItoRZ .1 ' M 5 ARDM�RE ■ OS R-1 0S R-1 R-1 Oe ■_ a ZONING MAP HILL ST. .y �/ *.� W OS. .y I L. i iWAY co cc MD CC o CC SubjectP�openy s paDM�RE ■ OS LD GENERAL PLAN MAP 9 HILI. ST. �m Li k eAur ` rsrT , A O rCO 1, y w! w m D. 40 Z 'Ar 34 �® 29 r4 O N �✓ i A, W A „ \y N 1 ` V • V r 1� W vn• 70,-v17 3 �Q 3 UO cc\ Or u A v s InN v s N /8 3 3 a o Act O�. Z W D 0' 4 • D t W v 21 O 31 N >®- 3 7 O A'3 ti x ' ' 6 g" ? ARDM A� Io W f•L. t � O % N xyo/ I J! V xN t Zs 77- $ ARDMORE �' SS' "� I;®S * _" A w c m 8 • -I IO z o Q n��[j�) v rn .� ~4: l� .�/11•f r f✓� N*/rJ.N: l�rw.r/IJl•i1sf / r � 4 110 its.. It, _ q, Ilss11SHEET 3 O � W ^®'° • — OO 3 o ,100- _ 4 MEET . SHEET 4. ' " O to V N w, /©s rnz g43 o 73 0 59- bf J o qs oa o (42_ 4 U(J7Q 67 .to N® ' ru • �' ® 1524 _ a O HEET 4 ' o W — �=/ � '- SHEET 4 sal 8g..•2,8• 41 g $. 2q i n ADDRESS: 603 3RD STREET 4t 88-31 SCALE 1" = 100' CONTINENTAL MAPPING SERVI( 6325 Van Nuys Boulevard. Van Nuys, CA 91401 (818)787-1663 i '•• ...r } S \. -.-vim__ ��� ;• 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. 03-1233 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 October, 2003, and said ordinance was published in the Easy Reader newspaper on November 6, 2003 The vote was as follows: AYES: Dunbabin, Edgerton, Reviczky, Yoon and Mayor Keegan NOES: None ABSENT- None ABSTAIN: None DATED: November 12, 2003 w City Clerk • EASY READER, INC. e; 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, 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: November 6 ALL IN THE YEAR 2003 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signed at HERMOSA BEACH, CALIFORNIA, This 6th day of November, 2003 X�� v4L • Beverly Morse, rinci al Clerk Proof of Publication of - CITY OF HERMOSA BEACH Ordinance 03-1J23'- Zoning HCO3 -021 the record of the decision of the Planning Commission, the ABSENT: None City Council makes the following findings pertaining to the ABSTAIN: None Zone Change: 1. The Zone Change will bring the subject property into con- Michael Keegan �J• ORDINANCE o hereby amends the City's NO. 03-1233 Official Zoning Map as follows: for residential use as it is abutted by residential uses and 1. Amend the Zoning Map by located in an area, which is predominantly residential in char- changing the properties, as AN ORDINANCE OF THE CITY OF HERMOSA BEACH, described below and shown on the attached map, from M-1 CALIFORNIA, CALIFORNIA, AMENDING THE ZONING ManufacturingR-2 FROM M-1 (LIGHT MANUFACTURING) TO R-2 (TWO -FAM -(Two -Family (Two -Family Residential)):: ILY RESIDENTIAL) FOR THE PROPERTY LOCATED AT 603 Third Street, legally 603THIRD STREET (ONTHE NORTHEAST CORNER OF described as a portion of lots THIRD STREET AND ARDMORE AVENUE), LEGALLY 44, 45, and 46 Walter Ransom DESCRIBED AS A PORTION OF LOTS 44,45 AND 46, Co's Venable Place. WALTER RANSOM CO'S VENABLE PLACE, AND ADOP. SECTION 7. This ordinance TION OF AN ENVIRONMENTAL NEGATIVE shall become effective and be DECLARATION in full force and effect from Negative Declaration. and after thirty (30) days of THE CITY COUNCIL OF THE CITY OF HERMOSA its final passage and adoption. BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 8. Prior to the SECTION 1. An application was filed by Susan Scott expiration of fifteen (15) days owner of real property at 603 Third Street seeking to amend after the date of its adoption, the Zoning Map. SECTION 2. The Planning Commission conducted a duly the City Clerk shall cause this noticed public hearing to consider the application for a Zone ordinance to be published in Change on July 15, and August 19, 2003 at which testimony the Easy Reader, a weekly and evidence,_ both written and oral, was presented to and newspaper of general circula- considered by the Planning Commission, and recommended tion published and circulated, approval of said zone change. in the City of Hermosa Beach SECTION 3. The City Council conducted a duly noticed in the manner provided by law. public hearing on September 23, 2003, to consider the rec- SECTION 9. The City Clerk ommendation of the Planning Commission to approve the shall certify to the passage and requested Zone Change, at which testimony and evidence, adoption of this ordinance, both written and oral, was presented to and considered by shall enter the same in the the Council book of original ordinances of SECTION 4. Based on evidence received at the public said city, and shall make min - hearing, and the record of decision of the Planning utes of the passage and adop- Commission, the City Council makes the following factual tion thereof in the records of findings: the proceedings of the City 1. The requested change to R-2 will make the zoning for Council at which the same is the subject property consistent with the General Plan desig- passed and adopted. nation of Medium Density Residential. 2. Surrounding properties to the north, east and south are PASSED, APPROVED and designated Medium Density Residential on the General Plan ADOPTED this 28th day of and Zoned R-2, with the exception of one adjacent lot imme- October, 2003 by the following diately to the north which is not included in this request, vote: which would remain M-1 zoned. Properties to the west are designation Low Density Residential, and zoned R-1. AYES: Dunbabin, Edgerton, SECTION S. Based on the foregoing factual findings, and Reviczky, Yoon, and Mayor Keegan 'NOES: None the record of the decision of the Planning Commission, the ABSENT: None City Council makes the following findings pertaining to the ABSTAIN: None Zone Change: 1. The Zone Change will bring the subject property into con- Michael Keegan sistency with the Land Use Map of the City's General Plan. PRESIDENT of the City Council 2. The subject property to be redesignated is appropriate and MAYOR of the City of for residential use as it is abutted by residential uses and Hermosa Beach, California located in an area, which is predominantly residential in char- acter. A residential use of the subject properties will be more ATTEST: compatible to surrounding residential uses than a potentially _Elaine Doerfling more intensive light manufacturing or commercial use. The City Clerk residential use of the property will provide property tax bene- fits and will not unduly strain city services. APPROVED AS TO FORM: 3. The City Council concurs with the Planning Commission Jenkins_ and the Staff Environmental Review Committee's recommen- _Michael City Attorney dation, based on their Environmental Assessment/Initial ER November 6, 2003/ Study, that this project will result -in a less than significant HCO3 -021 impact on the environment, and therefore qualifies for a Negative Declaration. SECTION 6. Based on the foregoing, the City Council r-7 \J 2 3 4 5 6 7 s 9 10 12 13 . 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 03-1234 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE CITY'S CIVIL SERVICE SYSTEM TO ALLOW MILITARY VETERANS A CREDIT IN THE SCORING OF COMPETITIVE EMPLOYMENT EXAMINATIONS THE PEOPLE OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 2.76.110 of Title 2, Chapter 2.76 of the Hermosa Beach Municipal Code is amended by adding thereto a new paragraph G. to read as follows: "G. Veterans' credit. In all open competitive employment examinations conducted pursuant to the City's Personnel Rules and Regulations, qualifying veterans shall be credited with three percentage points added to their final score achieved in the examination process. The term "veteran" shall have the same meaning as in Section 18973 of the California Government Code. Proof of service and eligibility shall be provided to and determined by the personnel officer." ORDINANCE NO. 03-1234 - PASSED, APPROVED AND ADOPTED BY THE ELECTORATE OF THE CITY OF HERMOSA BEACH AT THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 4, 2003, BY THE FOLLOWING VOTE: AYES -1,562 NOES —1,359 PRESIDENT of the City Councit'and ATTEST: it Clerk OR of the City of Hermosa Beach, California • 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. 03-1234 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 December 2003, and said ordinance was published in the Easy Reader newspaper on December 18, 2003. The vote was as follows: 9 AYES: Edgerton, Reviczky, Tucker, Yoon and Mayor Keegan NOES: None ABSENT: None ABSTAIN: None DATED: December 9, 2003 City Clerk 0 • All • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ID 27 28 ORDINANCE NO. 04-1235 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE, BY ADDING A NEW SUB -SECTION TO CHAPTER 17.40 TO PROVIDE STANDARDS FOR CONDITIONALLY PERMITTED MIXED-USE PROJECTS IN THE C-1 COMMERCIAL ZONE 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 September 116, 2003, to consider adding a new sub -section in Chapter 17.40 titled Mixed -Use Development, which will contain development standards generally consistent with the R-3 zone for mixed-use projects in the C-1 zone. SECTION 2. The City Council held a duly noticed public hearing on December 9, 2003, to consider the recommendation of the Planning Commission to add a new sub -section in Chapter 17.40 titled Mixed -Use Development, which will contain development standards generally consistent with the R-3 zone for mixed-use projects in the C-1 zone. 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 17.26.030 of the Zoning Ordinance includes residential use above a commercial building (mixed-use) as a conditionally permitted use in the C-1 zone, but omits reference to any residential development standards. 2. Adding a new sub -section in Chapter 17.40 titled Mixed -Use Development, containing specific standards for mixed-use projects should resolve this issue. 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 this modification may have a significant effect on the environment. F 041235 I �m 2 3 4 5 6 7 s 9 10 11 12 13 is 14 15 16 17 1s 19 20 21 22 23 24 25 26 0 27 04-A SECTION 4. Based on the foregoing and the recommendation of the Planning Commission the City Council hereby ordains that the Hermosa Beach Municipal Code, Title 17 -Zoning, Title IT Zoning, Chapter 17.40, be amended as follows: Add Section 17.40.180 as follows 17.40.180 Mixed -Use Development (C-1 Zone). For uses allowed in the C-1 Zone as part of a mixed-use development, the following conditions and standards of development, in addition to any other deemed necessary or appropriate to ensure compatibility with existing or permitted uses in the vicinity, shall be required: 1. Residential Development Standards. The residential portion of a mixed-use development shall be subject to the development standards of the R-3 zone as set forth in Chapter 17,16 with the exception of the following: a. If the residential portion of a mixed-use development is a condominium development, then the development shall be subject to the condominium development standards as set forth in Chapter 17.22. b. Residential use is limited to 25% of the first floor area for the purposes of providing entry -exit areas or lobbies, stairs and corridors, and shall not include primary living areas or sleeping rooms. c. Front setbacks shall be a minimum of five feet. d. The front setback area may be used for required open space if the area is a deck above the commercial level and otherwise complies with the open space requirements of the R-3 zone. e. No lot coverage maximum shall be applied. f. One 36" box tree per dwelling unit shall be placed as a street tree to the satisfaction of the Public Works Director. 2. Commercial Development Standards. In addition to the requirements of the commercial zone, the following standards shall apply to the mixed-use development. 2 04-1235 • 1 2 3 4 5 6 7 8 9 10 11 12 13 0 14 15 16 17 18 19 20 21 22 23 24 25 26 10 27 28 a. The ground floor shall be primarily commercial with a minimum average depth of 30 -feet, and living and sleeping areas of residential units shall be located above the ground floor. b. Building frontage shall be used for commercial purposes with the exception of entry -exit corridors and stairs for accessing the residential units and/or for driveways to access parking. 3. General Development Standards for noise, security, lighting. a. Noise: Residential uses shall be separate from commercial uses by sound proofed floors and walls with minimum sound transmission rating as required for condominiums as set forth in Chapter 17.22. Commercial uses hours of operation shall be limited where appropriate so that residents are not exposed to offensive noise or activity. b. Security: Separate and secured entrances for residences directly accessible to sidewalk and parking areas. c. Lighting: Outdoor lighting and lighting for signs associated with commercial uses designed so as not to adversely impact residences. No flashing, blinking or high intensity lighting. Adequate lighting to illuminate parking areas and corridors to access parking and public sidewalk. Lighting for signs may only be illuminated during business hours. 4. Signs. Signs shall be limited to the commercial building frontage pursuant to the requirements of Chapter 17.50. 5. Limitation on allowed Commercial Uses. Permitted commercial uses within a mixed use development shall be as permitted in the underlying commercial zone with the following exceptions which shall not be permitted: a. Restaurants and bars b. Laundry and dry-cleaning businesses c. Parking lots and/or structures 91 041235 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. Limitations on hours of operation. The hours of operation for any commercial use shall be limited to 8 a.m. to 10 p.m. 7 Owner shall disclose separately and in writing upon sale or rental of the subject property that it is mixed use and permits commercial and residential uses within the building. 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, California, 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 27th day of January 2004 by the following vote: AYES: Edgerton, Reviczky, Tucker, and Mayor Keegan NOES: Yoon ABSENT- None ABSTAIN; None PRESIDENT of the City ATTEST - City Clerk MAYOR of the City offlermosa Beach, California APPROVED AS TO FORM: 4 04-1235 • 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. 03-1235 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 2004, and said ordinance was published in the Easy Reader newspaper on February 5, 2004. The vote was as follows: AYES: Edgerton, Reviczky, Tucker, and Mayor Keegan NOES: Yoon ABSENT: None ABSTAIN: None DATED: February 10, 2004 City Clerk EASY READER, INC. iP.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, 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: February 5 ALL IN THE YEAR 2004 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 February, 2004 �� �� e�_, Beverly Morse, rincipal Clerk Proof of Publication of. CITY OF HERMOSA BEACH Ordinance 04-1235 HC04-04 a � 0 n ORDINANCE NO. 04-1235 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE, BY ADDING A NEW SUB- SECTION TO CHAPTER 17.40 TO PROVIDE STANDARDS FOR CONDITIONALLY PERMITTED MIXED-USE PROJECTS IN THE C-1 COMMERCIAL ZONE 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 September 16, 2003, to consider adding a new sub -section in Chapter 17.40 titled Mixed -Use Development, which will contain development standards generally consistent with the R-3 zone for mixed-use pro- jects in the C-1 zone. SECTION 2. The City Council held a duly noticed pub- lic hearing on December 9, 2003, to consider the recom- mendation of the Planning Commission to add a new sub- section in Chapter 17.40 titled Mixed -Use Development, which will contain development standards generally con- sistent with the R-3 zone for mixed-use projects in the C- 1 zone. 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 17.26.030 of the Zoning Ordinance includes residential use above a commercial building (mixed- use) as a conditionally permitted use in the C-1 zone, but omits reference to any residential development standards. 2. Adding a new sub -section in Chapter 17.40 titled Mixed - Use Development, containing specific standards for mixed-use projects should resolve this issue. 3. The subject text amendment is exempt from the require- ments 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 possi- bility that this modification may have a significant effect on the environment. SECTION 4. Based on the foregoing and the recommen- dation of the Planning Commission the City Council hereby ordains that the Hermosa Beach Municipal Code, Title 17 - Zoning, Title 17 -Zoning, Chapter 17.40, be amended as fol- lows: Add Section 17.40.180 as follows 17.40.180 Mixed -Use Development (C-1 Zone). For uses allowed in the C-1 Zone as part of a mixed-use development, the following conditions and standards of development, in addition to any other deemed necessary or appropriate to ensure compatibility with existing or per- mitted uses in the vicinity, shall be required: 1. Residential Development Standards. The residential por- tion of a mixed-use development shall be subject to the development standards of the R-3 zone as set forth in Chapter 17.16 with the exception of the fol- lowing: a. If the residential portion of a mixed-use devel- opment is a condominium development, then the development shall be subject to the condo- minium development standards as set forth in Chapter 17.22. b. Residential use is limited to 25°f of the first floor area for the purposes of providing entry - exit areas or lobbies, stairs and corridors, and shall not include primary living areas or sleep- ing rooms. c. Front setbacks shall be a minimum of five feet. d.The front setback area may be used for required open space if the area is a deck above the commercial level and otherwise complies with the open space requirements of the R-3 zone. e. No lot coverage maximum shall be applied. f. One 36" box tree per dwelling unit shall be placed as a street tree to the satisfaction of the Public Works Director. 2. Commercial Development Standards. In addition to the requirements of the commercial zone, the follow- ing standards shall apply to the mixed-use develop- ment. a. The ground floor shall be primarily commercial with a minimum average depth of 30 -feet, and living and sleeping areas of residential units shall be located above the ground floor. b. Building frontage shall be used for commercial purposes with the exception of entry -exit corri- dors and stairs for accessing the residential units and/or for driveways to access parking. 3. General Development Standards for noise, security, lighting. a. Noise: -Residential uses shall be separate from commercial uses by sound proofed floors and walls with minimum sound transmission rating as required for condominiums as set forth in Chapter 17.22. Commercial uses hours of operation shall be limited where appropriate so that residents are not exposed to offensive noise or activity. b. Security: Separate and secured entrances for residences directly accessible to sidewalk and parking areas. c. Lighting: Outdoor lighting and lighting for signs associated with commercial uses designed.:so as not to adversely impact resi- dences. No flashing, blinking or high intensity lighting. Adequate lighting to illuminate park- ing areas and corridors to access parking and public sidewalk. Lighting for signs may only be illuminated during business hours. 4. Signs. Signs shall be limited to the commercial building frontage pursuant to the requirements of Chapter 17.50. 5. Limitation on allowed Commercial Uses. Permitted commercial uses within a mixed use developmeni shall be as permitted in the underlying commercial zone with the following exceptions which shall not be permitted: a. Restaurants and bars b. Laundry and dry-cleaning businesses c. Parking lots and/or structures 6. Limitations on hours of operation. The hours of oper- ation for any commercial use shall be limited to 8 a.m. to 10 prmt4H v, 7. Owner shall disclose separately and in writing upon sale or rental of the subject property that it is mixed use and permits commercial and residential uses within the building. 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, California, in the manner pro- vided 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 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 day of January 2004 by the following vote: AYES: Edgerton, Reviczky, Tucker, and Mayor Keegan NOES: Yoon 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 ER February 5, 20D4/HC04-04 �m 2 3 4 5 6 7 s 9 10 11 12 13 0 14 15 16 17 1s 19 20 21 22 23 24 25 26 • 27 2s ORDINANCE NO. 04-1236 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, PROHIBITING THE OPERATION OF ELECTRONIC PERSONAL ASSISTIVE MOBILITY DEVICES ("EPAMDs") ON THE STRAND, ON THE PIER PLAZA AND ON SIDEWALKS IN THE COMMERCIAL ZONES OF THE CITY AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE The City Council of the City of Hermosa Beach does hereby ordain as follows: SECTION 1. Statement of Legislative Findings and Purpose. An electronic personal assistive mobility device ("BPAMD") is a motorized device that can attain speeds of 12.5 miles per hour. The City Council finds that the use of electronic personal assistive mobility devices on the Strand, the Pier Plaza and on sidewalks in the City's crowded commercial zones presents safety issues for other pedestrians who have to share limited space on the Strand, the Pier Plaza and on sidewalks with devices capable of moving at up to five times their speed. Accordingly, for the purpose of assuring the safety of pedestrians, including seniors, persons with disabilities, and others using the Strand, the Pier Plaza and the City's sidewalks, the City Council invokes its express authority under section 21282 of the Vehicle Code to prohibit the operation of any EPAMD on the Strand, the Pier Plaza and on sidewalks in commercial zones, subject to the exceptions specified. SECTION 2. Subsection B of Section 10.12.160 of Title 10, Chapter 10.12 of the Hermosa Beach Municipal Code is amended by adding thereto a new subparagraph 6 to read as follows: "6. EPAMDS. The prohibitions of this section shall apply to use of electric personal assistive mobility devices ("EPAMD") (as defined by Vehicle Code Section 313), except for the use of such devices by any person, who by reason of physical disability, is unable to move about as a pedestrian and is in possession of a distinguishing disabled parking placard issued pursuant to the California Vehicle Code." SECTION 3. Subsection A of Section 10.12.170 of Title 10, Chapter 10.12 of the Hermosa Beach Municipal Code is amended to read as follows: "A. Prohibited on Sidewalks in Commercial Zone — Exceptions. It is unlawful for any person to ride or operate any wheeled vehicle or device, propelled by human or motorized power, q 04-1236 1 2 3 4 5 6 7 8 9 to 11 12 13 • 14 • 15 16 17 18 19 20 21 22 23 24 25 26 27 28 including bicycles, skateboards, roller skates and electric personal assistive mobility devices ("EPAMD")(as defined in Vehicle Code Section 313), on or over any sidewalk or part of a sidewalk within a commercial zone in the city, except: 1. Conveyances, including EPAMDs, by any person, who by reason of physical disability, is unable to move about as a pedestrian and is in possession of a distinguishing disabled parking placard issued pursuant to the California Vehicle Code; 2. The Strand walkway, subject to the requirements of Sections 12.20.220 and 12.20.230; and 3. EPAMDs operated by federal, state, or local government personnel in the performance of official duties." SECTION 4. Subsection A of Section 12.20.230 of Title 12, Chapter 20 of the Hermosa Beach Municipal Code is hereby amended to read as follows: "A. Prohibited. It is unlawful for any person to ride or operate any wagon, box on wheels, or any other method of riding or locomotion on wheels, including use of an electric personal assistive mobility device ("EPAMD") (as defined by Vehicle Code Section 313) on any portion of the Strand Walkway and the Pier Plaza, except for the following: 1. Rollerskates; 2. Skateboards; 3. Pedal -powered, nonmotorized bicycles or tricycles with a width of not more than thirty-six inches used for recreational purposes; 4. Conveyances, including EPAMDs, by any person, who by reason of physical disability, is unable to move about as a pedestrian and is in possession of a distinguishing disabled parking placard issued pursuant to the California Vehicle Code; and 5. EPAMDs operated by federal, state or local government personnel in the performance of official duties. " SECTION 5. Severability. Should any section or provision of this Ordinance or any portion, paragraph, sentence, or word thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 2 041236 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 affect the validity of the remainder hereof as a whole or part thereof other than that part declared to be 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. 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; 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 day of February 2004 by the following vote: AYES: Edgerton, Reviczky, Tucker, Yoon, and Mayor Keegan NOES: None ABSENT- None ABSTAIN: None PRESIDENT of the City Council and MAY ATTEST: City Clerk C City of Hermosa Beach, California APPROVED AS TO FORM: 04-1236 • 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. 03-1236 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 February 2004, and said ordinance was published in the Easy Reader newspaper on March 4, 2004. The vote was as follows: • AYES: Edgerton, Reviczky, Tucker, Yoon and Mayor Keegan NOES: None ABSENT- None ABSTAIN: None DATED: March 9, 2004 is • • EASY READER, INC. 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, 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: March 4 ALL IN THE YEAR 2004 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signed at HERMOSA BEACH, CALIFORNIA, This 4'h day of March, 2004 Beverl orse, incipal Clerk Proof of Publication of: CITY OF HERMOSA BEACH Ordinance #04-1236 EPAMDs HC04-06 ren �s ORDINANCE NO. tt4-1236 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, PROHIBITING THE OPERATION OF ELECTRONIC PERSONAL ASSISTIVE. MOBILITY DEVICES ("EPAMDs") ON THE STRAND, ON THE PIER PLAZA AND ON SIDEWALKS IN THE COMMERCIAL ZONES OF THE CITY AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE The City Council of the City of Hermosa Beach does here- by ordain as follows: SECTION 1. Statement of Legislative Findings and Purpose. An electronic personal assistive mobility device ("EPAMD") is a motorized device that can attain speeds of 12.5 miles per hour. The City Council finds that the use of electronic personal assistive mobility devices on the Strand, the Pier Plaza and on sidewalks in the City's crowded com- mercial zones presents safety issues for other pedestrians who have to share limited space on the Strand, the. Pier Plaza and on sidewalks with devices capable of moving at up, to five times their speed. Accordingly, for the purpose of assuring the safety of pedestrians, including seniors, per- sons with disabilities, and others using the Strand, the Pier Plaza and the City's sidewalks, the City Council invokes its express authority under section 21282 of the Vehicle Code to prohibit the operation of any EPAMD on the Strand, the Pier Plaza and on sidewalks in commercial zones, subject to the exceptions specified, SECTION 2. Subsection B of Section 10. 12.160 of Title 10, Chapter 10.12 of the Hermosa Beach Municipal Code is amended by adding thereto a new subparagraph 6 to read as follows: "6. EPAMDS. The prohibitions of this section shall apply to use of electric personal assistive mobility devices ("EPAMD") (as defined by Vehicle Code Section 313), except for the use of such devices by any person, who by reason of physical disability, is unable to move about as a pedestrian and is in possession of a distinguishing disabled parking placard issued pursuant to the California Vehicle Code SECTION 3. Subsection A of Section 10. 12.170 of Title 10, Chapter 10.12 of the Hermosa Beach Municipal Code is amended to read as follows: "A. Prohibited on Sidewalks in Commercial Zone — Exceptions. It is unlawful for any person to ride or operate any wheeled vehicle or device, propelled by human or motor- ized power, including bicycles, skateboards, roller skates and electric personal assistive mobility devices •("EPAMD")(as defined in Vehicle Code Section 31 3), on or over any sidewalk or part of a sidewalk within a commercial zone in the city, except: 1. Conveyances, including EPAMDs, by any person, who by reason of physical disability, is unable to move about as a pedestrian and is in possession of a distin- guishing disabled parking placard issued pursuant to the California Vehicle Code; 2. The Strand walkway, subject to the requirements of Sections 12.20.220 and 12.20.230; and 3. EPAMDs operated by federal, state, or local gov- ernment personnel in the performance of official duties." SECTION 4. Subsection A of Section 12.20.230 of Title 12, Chapter 20 of the Hermosa Beach Municipal Code is hereby amended to read as follows: "A. Prohibited. It is unlawful for any person to ride or operate any wagon, box on wheels, or any other method of riding or locomotion on wheels, including use of an electric personal assistive mobility device ("EPAMD") (as defined by Vehicle Code Section 313) on any portion of the Strand Walkway and the Pier Plaza, except for the following: 1. Rollerskates; 2. Skateboards; 3. Pedal -powered, nonmotorized bicycles or tricycles with a width of not more than thirty-six inches used for recreational purposes; 4. Conveyances, in-cluding EPAMDs, by any person, who by reason of physical disability, is unable to move about as a pedestrian and is in possession of a distin- guishing disabled parking placard issued pursuant to the California Vehicle Code; and 5. EPAMDs operated by federal, state or local gov- ernment personnel in the performance of official duties. " SECTION 5. Severability. Should any section or provision of this Ordinance or any portion, paragraph, sentence, or word thereof be declared by a court of competent jurisdiction to be invalid, such deci- sion shall not affect the validity of the remainder hereof as a whole or part thereof other than that part declared to be 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. 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; 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 day of February 2004 by the following vote: AYES: Edgerton, Reviczky, Tucker, Yoon, and 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: APPROVED AS TO FORM: _Elaine Doerfling Michael Jenkins City Clerk City Attorney ER March 4, 2004/HC04-06 2 3 a 5 6 7 s 9 10 11 12 13 •14 15 16 17 1s 19 20 21 22 23 24 25 26 • 27 2s ORDINANCE NO. 04-1237 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE HERMOSA BEACH ZONING ORDINANCE RELATING TO THE GRANTING OF DENSITY BONUSES FOR PROJECTS WITH AFFORDABLE HOUSING The City Council of the City of Hermosa Beach does ordain as follows: SECTION 1. State law requires that local jurisdictions provide for the granting of density bonuses for development projects with housing units affordable to lower income households I and/or senior citizens. SECTION 2. The Planning Commission conducted a duly noticed public hearing to consider an amendment to the Zoning Ordinance to provide for the granting of such density bonuses on September 16, 2003, at which testimony and evidence, both written and oral, was presented to and considered by the Planning Commission, whereupon the Planning Commission recommended approval of the amendment. SECTION 3. The City Council conducted a duly noticed public hearing to consider and review the code amendment and the recommendation of the Planning Commission on February 10, 2004 at which testimony and evidence, both written and oral, and the record of the Planning Commission's recommendation was presented to and considered by the City Council. SECTION 4. Based on the foregoing, the City Council hereby ordains that Chapter 17.42 of Title 17 of the Hermosa Beach Municipal Code is amended by adding thereto a new section 17.42.100 to read as follows: 1117.42.100 Residential density bonuses. As required by California Government Code Section 65915, a project of five or more units shall be allowed a density increase of twenty-five percent above the maximum permitted density in the zone if the project complies with one or more of the following criteria: A. At least twenty percent of the total units in the project, excluding the density bonus, are restricted to rental or purchase by persons and families of lower income as fl 04-1237 :s 2 3 4 5 6 7 s 9 10 11 12 13 • 14 • 15 16 17 18 19 20 21 22 23 24 25 26 27 28 defined in California Health & Safety Code Section 50105; or B. At least ten percent of the total units in the project, excluding the density bonus, are restricted to rental or purchase by very low income households, as defined in California Health & Safety Code Section 50105; or C. At least fifty percent of the total units in the project, excluding the density bonus, are restricted to persons 62 years of age or older, or 55 years of age or older in a senior citizen housing development; or D. At least twenty percent of the total dwelling units in a condominium project, excluding the density bonus, are restricted to persons and families of moderate income, as defined in California Health & Safety Code Section 50093; or E. At least thirty-three percent of the total units, excluding the density bonus, of a condominium project which is a conversion from existing apartments, are restricted to the purchase by persons and families of low or moderate income as defined in California Health & Safety Code Section 50093; or F. At least fifteen percent of the total units, excluding the density bonus, of a condominium project that is a conversion from existing apartments, are restricted to purchase by lower income households as defined in California Health & Safety Code Section 50079.5. In addition, at least one of the additional concession or incentive set forth in Government Code Section 659150) shall be offered for projects supplying low or moderate income housing utilizing a 25 percent density bonus, unless the decision making body finds in writing that the additional concession or incentive is not required in order to provide for affordable housing costs as defined in Health & Safety Code Section 50052.5, or for rents for the targeted units to be set as specified in Government Code Section 65915(c). Alternatively, in lieu of the above, the City may offer other incentives or concessions of equivalent financial value based upon the land cost per dwelling unit." SECTION 5. This code amendment is statutorily exempt from environmental review pursuant to the California Environmental Quality Act, Public Resources Code Section 2 04-1237 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 vote: 21080.14: "Affordable Housing Projects in Urbanized Areas", because the amendment provides for the construction of affordable housing consistent with the provision of that Section. PASSED, APPROVED, and ADOPTED this 10`" day of February 2004 by the following AYES: Reviczky, Tucker, and Mayor Keegan NOES: Edgerton and Yoon ABSENT- None ABSTAIN: None L PRESIDENT of the City Council and MAYOR ottfhe C y of Hermosa Beach, California ATTEST- APPROVED AS TO FORM: City Clerk 3 04-1237 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. 03-1237 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 February 2004, and said ordinance was published in the Easy Reader newspaper on March 4, 2004. The vote was as follows: • AYES: Reviczky, Tucker, and Mayor Keegan NOES: Edgerton, Yoon ABSENT- None ABSTAIN: None DATED: March 9, 2004 FA i 5oCity Clerk i EASY READER, INC. • 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, 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: March 4 ALL IN THE YEAR 2004 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signed at HERMOSA BEACH, CALIFORNIA, This 4`h day of March, 2004 Beverly MorseSk6pal tlerk Proof of Publication of- CITY f CITY OF HERMOSA BEACH Ordinance #04-1237 Density Bonuses HC04-07 r�ww,es ro Mgr ORDINANCE NO. 04-1237 AN ORDINANCE OF THE CITY OF HERMOSA BEACH AMENDING THE HERMOSA BEACH ZONING ORDINANCE RELATING TO THE GRANTING OF DENSITY BONUSES FOR PROJECTS WITH AFFORDABLE HOUSING The City Council of the City of Hermosa Beach does ordain as follows: SECTION 1. State law requires that local jurisdictions pro- vide for the granting of density bonuses for development projects with housing units affordable to lower income households and/or senior citizens. SECTION 2. The Planning Commission conducted a duly noticed public hearing to consider an amendment to the Zoning Ordinance to provide for the granting of such densi- ty bonuses on September 16, 2003, at which testimony and evidence, both writtenand oral, was presented to and con- sidered by the Planning Commission, whereupon the Planning Commission recommended approval of the amendment. SECTION 3. The City Council conducted a duly noticed public hearing to consider and review the code amendment and the recommendation of the Planning Commission on February 10, 2004 at which testimony and evidence, both written and oral, and the record of. the Planning Commission's recommendation was presented to and con- sidered by the City Council. SECTION 4. Based on the foregoing, the City Council hereby ordains that Chapter 17.42 of Title 17 of the Hermosa Beach Municipal Code is amended by adding thereto a new section 17.42.100 to read as follows: "17.42.100 Residential density bonuses. As required by California Government Code Section 65915, a project of five or more units shall be allowed a density increase of twenty-five percent above the maxi- mum permitted density in the zone if the project complies with one or more of the following criteria: A. At least twenty percent of the total units in the project, excluding the density bonus, are restricted to rental or pur- chase by persons and families of lower income as defined in California Health & Safety Code Section 50105; or B. At least ten percent of the total unitswin the project, excluding the density bonus, are restricted to rental or pur- chase by very low income households, as defined in California Health & Safety Code Section 50105; or C. At least fifty percent of the total units in the project, excluding the density bonus, are restricted to persons 62 years of age or older, or 55 years of age or older in a senior citizen housing development; or D. At least twenty percent of the total dwelling units in a condominium project, excluding the density bonus, are restricted to persons and families of moderate income, as defined in California Health & Safety Code Section 50093; or E. At least thirty-three percent of the total units, exclud- ing the density bonus, of a condominium project which is a conversion from existing apartments, are restricted to the purchase by persons and families of'low or moderate income as defined in California Health & Safety Code Section 50093; or F. At least fifteen percent of the total units, excluding the density bonus, of a condominium project that is a conver- sion from existing apartments, are restricted to purchase by lower income households as defined in California Health & Safety Code Section 50079.5. In addition, at least one of the additional concession or incentive set forth in Government Code Section 659150) shall be offered for projects supplying low or moderate income housing utilizing a 25 percent density bonus, unless the decision making body finds in writing that the additional concession or incentive is not required in order to provide for affordable housing costs as defined in Health & Safety Code Section 50052.5, or for rents for the targeted units to be set as specified in Government Code Section 65915(c). Alternatively, in lieu of the above, the City may offer other incentives or concessions of equiva- lent financial value based upon the land cost per dwelling unit" SECTION 5. This code amendment is statutorily exempt from environmental review pursuant to the California Environmental Quality Act, Public Resources Code Section 21080.14: "Affordable Housing Projects in Urbanized Areas", because the amendment provides for the construc- tion of affordable housing consistent with the provision of that Section. PASSED, APPROVED, and ADOPTED this 10th day of February 2004 by the following vote: AYES: Reviczky, Tucker, and Mayor Keegan NOES: Edgerton and Yoon 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 ER March 4, 2004/HC04-07 2 3 4 5 6 7 8 9 10 11 12 13 • 14 • 15 16 17 18 19 20 21 22 23 24 25 26 NA 28 ORDINANCE NO. 04-1238 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE, SECTIONS 17.04.040, 17.10.020K.29 17.12.080B9 17.14.080B AND 17.16.080B, TO DEFINE "TRELLIS" AND TO CLARIFY THE COVERED OPEN SPACE REQUIREMENTS IN MULTI -FAMILY ZONES 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 February 18, 2003, to consider amending Sections 17.04.040, 17,10.020K.2, 17.12.080B, 17,14.080B and 17.16.080B pertaining to the open space area coverage requirements in multi -family zones. SECTION 2. The City Council held a duly noticed public hearing on February 10, 2004, to consider the recommendation of the Planning Commission to amend Sections 17.04.040, 17,10.020K.2, 17,12.080B, 17,14.080B and 17,16.080B pertaining to the open space area coverage requirements in multi -family zones. 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 the Hermosa Beach Municipal Code, Title 17 -Zoning, be amended as follows: 1, Amend Section 17.04.040 by adding the following definition: "Trellis" means any framework or structure of crossed wood or other suitable building material used to cover open space for aesthetic or shading purposes. For the purposes of usable open space calculations, the open areas between the trellis beams must be equal to or exceed the open space area required to remain open and uncovered as per the development standards for each multi -family residential zone district." 1 04-1238 2 3 4 5 6 7 s 9 10 11 12 13 • 14 15 16 17 1s 19 20 21 22 23 24 25 26 • 27 28 2. Amend Sections 17.10.020K.2, 17.12.080B, 17.14.080B and 17,16.080B to read as follows: "Each qualifying open space area may be covered up to fifty (50) percent but shall not be enclosed on more than two sides by building walls or guardrails greater than forty-two (42) inches in height. A trellis may be allowed to cover an entire open area so long as the open areas between the trellis beams is equal to or exceeds the area required to remain open and uncovered." 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 9th day of March, 2004 by the following vote: AYES: Edgerton, Tucker, Yoon and Mayor Keegan NOES: Reviczky ABSENT- None ABSTAIN: None PRESIDENT of the City Council I ATTEST• / % rlvom,. .��. Y vx of the Lity of Hermosa tseacn, Lantornia 2 OVED AS 10 FORM: City Attorney 04-1238 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. 03-1238 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 March 2004, and said ordinance was published in the Easy Reader newspaper on March 18, 2004. The vote was as follows: 0 AYES: Edgerton, Tucker, Yoon, and Mayor Keegan NOES: Reviczky ABSENT- None ABSTAIN: None DATED: March 23, 2004 • • EASY READER, INC. 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, 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: March 18 ALL IN THE YEAR 2004 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signed at HERMOSA BEACH, CALIFORNIA, This 18`h day of March 2004 Beverly MoNg Princ al Jerk 0 I! Proof of Publication of: VY, CITY OF HERMOSA BEA Ordinance #04-1238 HC04-008 March 18, 2004 P1 07l4 a�13v., ORDINANCE NO. 04-1238 AN ORDINANCE OFTHE CITY COUNCIL OFTHE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE, SECTIONS 17.04.040,17.10.020K.2, 17.12.080B, 17.14.080B AND 17.1.6.080B, TO, DEFINE "TRELLIS” AND TO CLARIFY THE COVERED OPEN SPACE REQUIREMENTS IN MULTI -FAMILY ZONES 10N The City Council of the City of Hermosa Beach does hereby ordain as follows: SECTION 1. The Plan- ning Commission held a duly noticed public hearing on February 18, 2003, to consider amending Sections 17.04.040, 17.10.020K.2, 17.12.0806, 17.14.0808. and 17.16.080B pertaining• to the open space area cover- age requirements in multi- family zones. SECTION 2. The City Council held a duly noticed public hearing on February 10, 2004, to consider the recommendation of the Planning Commission to amend Sections 17.04.040, 17.10.020K.2, 17.12.080B, 17.14.080B and . 17.16.080B pertaining to the open space area cover- age requirements in multi- family zones. 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 sig- nificant effect on the envi- ronment. SECTION 4. Based on the evidence considered at the public hearing and the recommendation of the Planning Commission the City Council hereby ordains that the Hermosa Beach Municipal Code, Title 17 - Zoning, be amended as fol- lows: 1. Amend Section 17.04.040 by adding the following definition: "Trellis" means any framework or structure of crossed wood or other suitable building material used to cover open space for aesthetic or shading purposes. For the purposes of usable open space calculations the open areas betweer the trellis beams must be equal to or exceed the open space area required to remain open and uncovered as per the development stan- dards for each multi -fam- ily residential zone dis- trict." 2. Amend Sections 17.10.020K.2, 17.12.0808, 17.14.0806 and 17.16.0806 to read as follows: "Each qualifying open space area may be cov- ered.up to fifty (50) per- cent but shall not be enclosed on more than two sides by building walls or guardrails greater than forty-two. (42) inches in height. A trellis may be allowed to cover an entire open area so long as the „r4-„,,,.ppen areas between the trellis beams is equal to or exceeds the area required to remain open and uncovered. SECTION 5. This ordi- nance shall become effec- tive and be in full force and effect from and after thirty (30) days of its final pas- sage 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 newspa- per 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 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 9th day of March, 2004 by the fol- lowing vote: AYES: Edgerton, Tucker, Yoon and Mayor Keegan NOES: Reviczky 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 ER March 18, 2004/ HC04-008 • • EASY READER, INC. 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, 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: March 18 ALL IN THE YEAR 2004 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signed at HERMOSA BEACH, CALIFORNIA, This 18th day of March, 2004 Beverly Morse, Princi al Clerk Proof of Publication of: CITY OF HERMOSA BEACH Ordinance # 04-1238 HC04-008 ORDINANCE NO. 04-1238 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE, SECTIONS 17.04.040,17.10.020K.2, 17.12.0808, 17.14.0806 AND 117.116.08013, TO DEFINE "TRELLIS" AND TO CLARIFY THE COVERED OPEN SPACE REQUIREMENTS IN MULTI -FAMILY ZONES v„< The City -Council of the City of Hermosa. Beach does hereby ordain as follows: SECTION 1. The Plan- ning Commission held a duly noticed public hearing on February 18, 2003, to consider amending Sections 17.04.040, 17.10.020K.2, 17.12.080B, 17.14.0808 and 17.16.080B pertaining to the open space area cover- age requirements in multi- family zones. SECTION 2. The City Council held a duly noticed public hearing on February 10, 2004, to consider the recommendation of the Planning Commission to amend Sections 17.04.040, 17.10.020K.2, 17.12.080B, 17.14.0806 and 17.16.080B pertaining to the open space area cover- age requirements in multi- family zones. 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 sig- nificant effect on the envi- ronment. SECTION 4. Based on the evidence considered at the public hearing and the recommendation of the Planning Commission the City Council hereby ordains that the Hermosa Beach Municipal Code, Title 17 - Zoning, be amended as fol- lows: 1. Amend Section 17.04.040 by adding the following. definition: "Trellis" means any framework or structure of crossed wood or other suitable building material used to cover open space for a&Spel%c Or shading purposes. For the purposes of usable open space calculations, the open areas between the trellis beams must be equal to or exceed the open space area required to remain open and uncovered as per the development stan- dards for each multifam- ily residential zone dis- trict: 2. Amend Sections 17.10.020K.2, 17.12-.0808, 17.14.0806 and 17.16.080B to read as follows: "Each qualifying open space area may be cov- ered up to fifty (50) per- cent but shall not be enclosed on more than two sides by building walls or guardrails greater than forty-two (42) inches in height. A trellis may be allowed to cover an entire open area so long' as the ,,;,open areas between the trellis beams is equal to or exceeds the area required to remain open and uncovered." SECTION 5. This ordi- nance shall become effec- tive and be in full force and effect from and after thirty (30) days of its final pas- sage 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 newspa- per 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 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 9th day of March, 2004 by the fol- lowing vote: AYES: Edgerton, Tucker, Yoon and Mayor Keegan NOES: Reviczky ABSENT: None ABSTAIN: None _Michael Keegan PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: _Elaine Doerfling cit cw APPROVED AS TO FORM: Michael Jenkins Cit_y Attorney ER March 18, 2004/ HC04-008 J 2 3 4 5 6 7 8 9 10 11 12 13 • 14 • 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE 04-1239 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING ORDINANCE REGARDING OFF-STREET PARKING REQUIREMENTS AND THE IN -LIEU FEE PARKING ALLOWANCES IN THE DOWNTOWN DISTRICT The City Council of the City of Hermosa Beach does hereby ordain as follows: SECTION 1. The City Council held a duly noticed public hearing on April 13, 2004, to consider the Planning Commission recommendation to amend the Zoning Ordinance, Chapter 17.44, regarding parking requirements for the downtown district. SECTION 2. The Planning Commission held a duly noticed public hearing on January 21, and February 18, 2003, to consider amending the Zoning Ordinance, Chapter 17.44, regarding parking requirements for the downtown district, and recommended amendments to the downtown 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 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 Beach Municipal Code, Title 17 -Zoning, be amended as follows: 1, Amend Section 17.44.040 to read as follows: "17.44.040 Parking requirements for the Downtown District. The following requirements apply within the boundary of the Downtown District, as defined by the map incorporated by this reference. A. The amount of parking shall be calculated for each particular use as set forth in Section 17.44.030 with the exception of the following: 1. Retail, general retail commercial uses: one space for each 333.33 square feet of gross floor area (or 3 spaces per 1000 square feet) 1 04-1239 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 2. Offices, general: one space for each 333.3 square feet of gross floor area (or 3 spaces per 1000 square feet) 3. Office, medical: one space for each 333.3 square feet of gross floor area (or 3 spaces per 1000 square feet) B. When the use of an existing building or portion thereof is less than 5,000 square feet gross floor area is changed from a non -restaurant use to a restaurant use, the parking requirement shall be calculated as set forth in Section 17.44.030, with no parking credit allowed for the existing or prior use. C. When the use of an existing building or a portion thereof is changed to a more intensive use with a higher parking demand (with the exception of restaurants less than 5,000 square feet gross floor area as noted above), the requirement for additional parking shall be calculated as the difference between the required parking as stated in this chapter for that particular use as compared to a base requirement of 1 space per 250 square feet gross floor area. D. For expansions to existing buildings legally nonconforming to parking requirements, parking requirements shall only be applied to the amount of expansion. 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. 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: 2 041239 r� L 2 3 4 5 6 7 8 9 10 11 12 13 • 14 rI 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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." SECTION 5. Eliminate Section 17.44.190. SECTION 6. Amend Section 17.44.140 as follows: "17.44.140 Requirements for new and existing construction For buildings containing commercial uses in the downtown district see Section 17.44.040. (A., B., and C. no change) Amend D and E as follows: D. For every building in a C or M zone hereafter erected, or reconstructed, or expanded, the parking requirements and turning area for the entire building shall be as set forth in this chapter. However for an expansion of an existing building legally nonconforming to parking requirements, parking requirements shall only be applied to the amount of expansion. In no case shall new construction reduce the parking serving an existing use below the requirements of this chapter. E. When the use of an existing building or structure not located in the downtown district is changed to a more intense use with a higher parking demand, the requirement for additional parking, shall be calculated as the difference between the required parking as stated in this chapter 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 this chapter." 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 3 04-1239 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 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 13th day of April, 2004, by the following vote: AYES: Reviczky, Tucker, and Mayor Yoon NOES: Edgerton and Keegan ABSTAIN: None ABSENT- None PRESIDENT ATTEST• Qw-t.x- Ci�)Clerk ` r City'Council and MAYOR of the City of Hermosa Beach, California APPROVED AS TO FORM: 4 04-1239 • 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. 03-1239 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 April 2004, and said ordinance was published in the Easy Reader newspaper on April 22, 2004. The vote was as follows: • AYES: Reviczky, Tucker, and Mayor Yoon NOES: Edgerton and Keegan ABSENT- None ABSTAIN: None DATED: April 27, 2004 City Clerk 0 . EASY READER, INC. 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, 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: April 22 ALL IN THE YEAR 2004 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signed at HERMOSA BEACH, CALIFORNIA, This 22"d day of April, 2004 Beverly e,APriipal Clerk Proof of Publication of: CITY OF HERMOSA BEACH Ordinance #04-1239 HC04-011 raaMoe, 0 o � � ORDINANCE 04.1239 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING ORDINANCE REGARDING OFF-STREET PARKING REQUIREMENTS AND THE IN -LIEU FEE PARKING ALLOWANCES IN THE DOWNTOWN DISTRICT The City Council of the City of Hermosa Beach does here- by ordain as follows: SECTION 1. The City Council held a duly noticed public hearing on April 13, 2004, to consider the Planning Commission recommendation to amend the Zoning Ordinance, Chapter 17.44, regarding parking requirements for the downtown district. SECTION 2. The Planning Commission held a duly noticed public hearing on January 21, and February 18, 2003, to consider amending the Zoning Ordinance, Chapter 17.44, regarding parking requirements for the downtown district, and recommended amendments to the downtown 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 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 Beach Municipal Code, Title 17 -Zoning, be amended as follows: 1. Amend Section 17.44.040 to read as follows: "17.44. 040 Parking requirements for the Downtown District. The following requirements apply within in the boundary of the Downtown District, as defined by the map incorporat- ed by this reference. A. The amount of parking shall be calculated for each par- ticular use as set forth in Section 17.44.030 with the exception of the following: 1. Retail, general retail commercial uses: one space for each 333.33 square feet of gross floor area (or 3 spaces per 1000 square feet) 2. Offices, general: one space for each 333.3 square feet of gross floor area (or 3 spaces per 1000 square feet) 3. Office, medical: one space for each 333.3 square feet of gross floor area (or 3 spaces per 1000 square feet) B. When the use of an existing building or portion thereof is less than 5,000 square feet gross floor area is changed from a non -restaurant use to a restaurant use, the parking requirement shall be calculated as set forth in Section 17.44.030, with no parking credit allowed for the existing or prior use. C. When the use of an existing building or a portion there- of is changed to a more intensive use with a higher parking demand (with the exception of restaurants less than 5,000 square feet gross floor area as noted above), the requirement for additional parking shall be calculat- ed as the difference between the required parking as stated in this chapter for that particular use as com- pared to a base requirement of 1 space per 250 square feet gross floor area. D.For expansions to existing buildings legally noncon- forming to parking requirements, parking requirements shall only be applied to the amount of expansion. E. Parking in -lieu fees. When the city council provides for contributions to an improvement fund for a vehicle park- ing 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. 2. The following allowances through in -lieu fee contri- butions 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 mini- mum of twenty-five (25) percent of the required parking on-site" SECTION 5 Eliminate Section 17.44.190. SECTION 6 Amend Section 17.44.140 as follows: "17.44.140 Requirements for new and existing construction For buildings containing commercial uses in the downtown district see Section 17.44.040. (A., B., and C. no change) Amend D and E as follows: D. For every building in a C or M zone hereafter erected, or reconstructed, or expanded, the parking requirements and turning area for the entire building shall be as set forth in this chapter. However for an expansion of an existing .building legally nonconforming to parking requirements, parking requirements shall only be applied to the amount of expansion. In no case shall new construction reduce the parking serving an existing use below the requirements of this chapter. E. When the use of an existing building or structure not located in the downtown district is changed to a more intense use with a higher parking demand, the require- ment for additional parking, shall be calculated as the difference between the required parking as stated in this chapter 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 this chapter." 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 ordi- nance to be published in the Easy Reader, a weekly news- paper 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 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. PASSED, APPROVED and ADOPTED this 13th day of April, 2004, by the following vote: AYES: Reviczky, Tucker, and Mayor Yoon NOES: Edgerton and Keegan ABSTAIN: None ABSENT: None Art Yoon 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 ER April 22, 2004/HC04-011 • 0 0 • 1 is 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE 04-1240 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING MAP FROM SPECIFIC PLAN AREA NO. 7 (COMMERCIAL) TO R-2 (TWO-FAMILY RESIDENTIAL) FOR THE PROPERTY LOCATED AT 710 SECOND STREET AND LEGALLY DESCRIBED AS LOT 99, WALTER RANSOM CO'S VENABLE PLACE, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION." The City Council of the City of Hermosa Beach does hereby ordain as follows: SECTION 1. An application was filed by Brennan Development, owner of property at 710 Second Street, seeking to amend the General Plan Map and the Zoning Map for the subject property. SECTION 2. The Planning Commission conducted a duly noticed public hearing to consider the application for a General Plan Amendment and the subject Zone Change on February 17, 2004, and recommended approval of the requested General Plan Amendment and Zone Change. SECTION 3. The City Council conducted a duly noticed public hearing to consider the recommendation of the Planning Commission on the application for a General Plan Amendment and Zone Change on March 23, 2004, 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, the City Council makes the following factual findings: 1, The property contains a single-family dwelling and is designated Commercial Corridor on the General Plan Map, and Commercial Specific Plan Area No. 7 on the official City Zoning Map. The S.P.A. 7 zoning for the site allows continuation or reconstruction of the single family dwelling, but would not permit the development of two units. 0 04-1240 1 �N 2 3 4 5 6 7 8 9 10 11 12 13 19 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. The requested change will reduce the depth of the commercial designated property, as measured from Pacific Coast Highway westward, from 270 to 230 feet, and replace the commercial designation on the subject property to allow residential development for up to two units consistent with the Medium Density Residential classification of the General Plan and the R-2 Zoning district in the Zoning Ordinance. 3. The property at 710 Second Street has been in continuing use for residential since the 1920's. Prior to 1982, the property was zoned residential, as shown on historic zoning and land use maps, which show a commercial depth along Second Street, not including the subject lot, with depths at 230 feet (1956 zoning map) and 110 feet (1943 zoning/land use map). The subject lot, however, was rezoned from R-3 to C-3 in 1982 by the City Council, at the request of the property owner, and the current Commercial Corridor General Plan designation and the S.P.A. 7 zoning were established in 1989 as part of the P.C.H. Multi -Use Corridor study. There is no record of any commercial use of the property, and the result is that the current residential use is nonconforming. 4 The property directly to the south behind the subject lot is zoned R-2 and developed residentially. The property across Second Street to the north is designated Medium Density and Zoned R-2, and is developed residentially. The properties to the west are used and designated for residential purposes. SECTION 5. Based on the foregoing factual findings, and the record of decision of the Planning Commission, the City Council makes the following findings pertaining to the Zone Change: 1. The Zone Change will recognize the current land use of the subject property and current market conditions which have not supported or created an interest in expanding commercial development to include this location, and will allow the development of an appropriate residential land use consistent with surrounding 2 04-1240 �m • 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 properties, and will be consistent with the General Plan Amendment being considered concurrently with the Zone Change request. 2. The subject property to be redesignated is appropriate for residential use as it is abutted by residential uses to the north, west and south, 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 and intrusive use. The redesignation to Medium Density Residential on the General Plan Map and R-2 on the Zoning Map will be consistent with .designations to the west and north of the subject property, and will allow two units on the subject property consistent with surrounding residential development. 3. The City Council concurs with the Planning Commission and 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 Negative Declaration. SECTION 6. Based on the foregoing, the City Council hereby ordains that the City's Official Zoning Map be amended as follows: 1, Amend the Zoning Map by changing the property, as described below and shown on the attached map, from Specific Plan Area No. 7 (S.P.A. 7) to Two -Family Residential (R-2): 710 Second Street, legally described as lot 99, 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. 3 04-1240 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 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 27th day of April, 2004, by the following vote: AYES: Edgerton, Keegan, Reviczky, Tucker, and Mayor Yoon NOES: None ABSTAIN: No e ABSENT- N ne YKLS1llENT of the City Council and MAYUK of the City of Hermosa beach, C;alitorma ATTEST - I/ `ams . A '- Wj / 4 APPROVED AS TO FORM: 04-1240 STATE OF CALIFORNIA • COUNTY OF LOS ANGELES CITY OF HERMOSA BEACH • 9 I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do hereby certify that the foregoing Ordinance No. 03-1240 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 May 2004, and said ordinance was published in the Easy Reader newspaper on May 20, 2004. The vote was as follows: AYES: Edgerton, Keegan, Reviczky, Tucker, Mayor Yoon NOES: None ABSENT- None ABSTAIN: None DATED: May 25, 2004 City Cler 0 t EASY READER, INC. 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, 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: May 20 ALL IN THE YEAR 2004 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signed at HERMOSA BEACH, CALIFORNIA, This 20'h day of May, 2004 Beverly Mose, rjnci al tlerk Proof of Publication of - CITY OF HERMOSA BEACH Ordinance #04-1240 HC04-013 rbww.os 0 � i Ordinance 041240 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING MAP FROM SPECIFIC PLAN AREA NO.7 (COM- MERCIAL) TO R-2 (TWO- FAMILY RESIDENTIAL) FOR THE PROPERTY LOCATED AT 710 SEC- OND STREET AND LEGALLY DESCRIBED AS LOT 99, WALTER RANSOM CO'S VEN- ABLE PLACE, AND ADOPTION OF AN ENVI- RONMENTAL NEGATIVE DECLARATION." The City Council of the City of Hermosa Beach does hereby ordain as follows: SECTION 1. An application was filed by Brennan Development, owner of prop- erty at 710 Second Street, seeking to amend the General Plan Map and the Zoning Map for the subject property. SECTION -2- The_P_lanniM 'Z1,006 VO 'sale6uV sol 2004, and recommended approval of the requested General Plan Amendment and Zone Change. SECTION 3. The City Council 'conducted a duly noticed public hearing to con- sider the recommendation of the Planning Commission on the application for a General Plan Amendment and Zone Change on March 23, 2004, at which testimony and evi- dence, both written and oral, and the record of decision of the Planning Commission, was presented to and con- sidered by the City Council. SECTION 4. Based on evi- dence received at the public hearing, the City Council makes the following factual findings: 1. The property contains a single-family dwelling and is designated Commercial Corridor on the General Plan Map, and Commercial Specific Plan Area No. 7 on the official City Zoning Map. The S.P.A. 7 zoning for the site allows continua- tion or reconstruction of .the single family dwelling, but would not permit the development of two units. 2. The requested change will reduce the depth of the commercial desig- nated property, as mea- sured from Pacific Coast Highway westward, from 270 to 230 feet, and replace the com- mercial designation on the subject property to allow residential devel- opment for up to two units consistent with the Medium Density Residential classifica- tion of the General Plan and the R-2 Zoning dis- trict in the Zoning Ordinance. 3. The property at 710 Second Street has been in continuing use for residential since the 1920's. Prior to 1982, the property was zoned residential, as shown on historic zoning and and use maps, which show a commercial depth along Second Street, not including the subject lot, with depths at 230 feet (1956 zon- ing map) and 110 feet (1943 zoning/land use map). The subject lot, however, was rezoned from R-3 to C-3 in 1982 by the City Council, at the request of the prop- erty owner, and the cur- rent Commercial Corridor General Plan designa- tion and the S.P.A. 7 zoning were established in 1989 as part of the P.C.H. Multi Use Corridor study.There is no record of any commercial use of the property, and the result is that the current residential use is non- conforming. 4 The property directly to the south behind the subject lot is zoned R-2 and developed residen- tially. The property across Second Street to the north is designated Medium Density and Zoned R-2, and is developed res- identially. The proper- ties to the west are used and designated for residential purposes. SECTION 5. Based on the foregoing factual findings, and the record of decision of the Planning Commission, the City Council makes the following findings pertaining to the Zone Change: 1. The Zone Change will recognize the current land use of the subject property and current market conditions which have not support- ed or created an inter- est in expanding com- mercial development to include this location, and will allow the devel- opment of an appropriate residential land use consistent with sur- rounding properties, and will be consistent with the General Plan Amendment being con- sidered concurrently with the Zone Change request. 2. The subject property to be redesignated is appropriate for residen- tial use as it.is abutted by residential uses to the north, west and south, and located in an area, which is predomi- nantly residential in character. A residential use of the subject prop- erties will be more com- patible to surrounding residential uses than a potentially more inten- sive and intrusive use. The redesignation to Medium Density Residential on the General Plan Map and R-2 on the Zoning Map will be consistent with designations to the west and north of the subject property, and will allow two units on the subject property consistent with Surrounding residential development. 3. The City Council con- curs with the Planning Commission and Staff Environmental Review Committee's recom- mendation, based on their Environmental Assessment/Initial Study, that this project will result in a less than ignificant impact on the environment, and there- fore qualifies for a Negative Declaration. SECTION 6. Based on the foregoing, the City Council hereby ordains that the City's Official Zoning Map be amended as follows: 1. Amend the Zoning Map by changing the proper- ty, as described below and shown on the attached map, from Specific Plan Area No. 7 (S.P.A. 7) to Two Family Residential (R- 2): 710 Second Street, legally described as lot 99, Walter Ransom Co's Venable Place SECTION 7. This ordi- nance shall become effec- tive 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 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. SECTION 9. 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 27th day of April, 2004, by the following vote: AYES: Edgerton, Keegan, Reviczky, Tucker, and Mayor Yoon NOES: None ABSTAIN: None ABSENT: None Art Yoon 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 May 20, 2004/HC04- 013 r 1 LJ 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 ORDINANCE NO. 04-1241 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE, CHAPTER 17.04 DEFINITIONS, AND CHAPTER 17.44 OFF-STREET PARKING, PERTAINING TO THE DEFINITION AND PARKING REQUIREMENTS FOR SNACK SHOPS 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 February 18, 2003, to consider amending the Zoning Ordinance definition and parking requirements for snack shops to more clearly distinguish snack shops from restaurants. SECTION 2. The City Council held a duly noticed public hearing on January 27, 2004, to consider the recommendation of the Planning Commission to amend Sections 17.04.050 and 17.44.030(0) of the Zoning Ordinance pertaining to definition and parking requirements for snack shops and referred the matter back to the Planning Commission for further consideration. The Commission, after further deliberation, did not modify their original recommendation. The City Council again considered the original recommendation of the Planning Commission at the meeting of May 11, 2004 and continued the hearing to May 25, 2004 and directed staff to provide survey information about the operations of snack shops in the city and in adjacent cities. 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. -1- 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 SECTION 4. Based on the evidence considered at the public hearing and the final recommendation of the Planning Commission after reconsideration the City Council hereby ordains that the Hermosa Beach Municipal Code, Title 17 -Zoning, be amended as follows: 1. Amend Section 17.04.050 Commercial Land Use Definition to read as follows: "Snack shop or snack bar means an establishment with 25 or less seats that is distinguished from a restaurant as it does not include waiter/waitress table service, except queuing, (intermittent delivery of purchased goods) and does not serve full meals or have a kitchen capable of serving meals but instead serves snacks or non- alcoholic beverages for consumption on the premises or for take-out; specifically, items such as donuts and other baked goods, ice cream, yogurt, cookies, coffee, tea, and juices are considered snacks." 12. Amend Section 17.44.030(0) to read as follows: "The parking requirements for a snack bar and/or snack shop shall be the same as that for a restaurant, unless it can be shown to the Planning Commission that the characteristics of the building; its location, size and other mitigating factors such as limited service area relative to gross floor area and limited seating capacity result in less parking demand than for a restaurant use. In these cases the Planning Commission may consider the retail commercial requirement for parking, pursuant to Section 17.44.210 Parking Plans." SECTION 5. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause the summary to be published in the Easy Reader, a weekly newspaper of general circulation, published and circulated in the City of Hermosa Beach. 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; shall make minutes of the -2- n LJ 2 3 4 5 6 7 8 9 10 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 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 day of June, 2004 by the following vote: AYES: Edgerton, Keegan, Reviczky, Tucker, Mayor Yoon NOES: None ABSENT: None ABSTAIN: None Ze-1 PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST - City Clerk -3- APPROVED AS TO FORM: • 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. 04-1241 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 day of June, 2004, and said ordinance was published in the Easy Reader newspaper on June 17, 2004. The vote was as follows: • AYES: Edgerton, Keegan, Reviczky, Tucker, Mayor Yoon NOES: None ABSENT- None ABSTAIN: None DATED: June 17, 2004 bty 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 17 ALL IN THE YEAR 2004 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 June, 2004 Beverly Moe, rinci 1 Clerk Proof of Publication of: CITY OF HERMOSA BEACH Ordinance 04-1241 HC04-014 a TIN . The subject text amendment is exempt from the requirements of the —_— – California Environmental Quality Act (CEQA), pur- suant to the general rule set 'forth in Section 15061(3) of fk the CEQA Guidelines, as there is no possibility that these modifications to the CITY OF Zoning Ordinance may HERMOSA BEACH have eenvisignificant o me nt effect on SECTION 4. Based on ORDINANCE. NO. 04-1241 the evidence considered at the public hearing and the AN ORDINANCE OF final recommendation of the THE CITY OF HER- 1i Planning, Commission after MOSA BEACH, CALI. ! reconsideration the City FORNIA,. AMENDING 1Co6ncil hereby ordains that - THE ZONING ORDI- 1. the Hermosa Beach MANCE, CHAPTER Municipal Code, Title IT 17.04 DEFINITIONS, Zoning, be.amended as fol - AND CHAPTER 17.44 lows: OFF-STREET PARKING, 1. Amend Section PERTAINING TO THE 17.04.050 Commercial DEFINITION AND PARK- Land Use Definition to read ING REQUIREMENTS as follows: FOR SNACK SHOPS Snm* shop or snack bar means an establishment The City Council of the City with 25 or less seats that is of Hermosa Beach does distinguished from a restau- hereby ordain as follows: rant as it does not include waiter/waitress table ser- er- SECTION E TI N 1. The Planning vice, except queuing, (inter - Commission held a duly mittent delivery of pur- noticed public hearing on chased goods) and does February 18, 2003, to con- not serve full "meals or have sider amending the Zoning. a kitchen capable of serv- Ordinance definition and- ing meals but instead parking requirements for serves snacks or non-alco- snack shops to more clearly holic beverages for con - distinguish snack shops sumption on the premises, from restaurants. or for take-out; specifically, SECTION 2. The City items such as donuts and j Council held a duly noticed other baked goods, ice public hearing on January 27, 2004, to cream, yogurt, cookies, cof- consider the fee, tea, and juices are con - recommendation of the sidered snacks" Planning Commission to amend Sections 17.04.050 and' 17.44.030(0) of the Zoning Ordinance pertain- ing to definition and parking requirements for snack shops and referred the mat- ter back to the Planning Commission for further con- sideration. The Commission, after further deliberation, did not modify their original recommenda- tion. The City Council again considered the original rec- ommendation of the Planning Commission at the meeting of May 11; 2004 and continued the hearing to May 25, 2004 and direct- ed staff to provide survey information about the opera- tions of snack shops in the city and in adjacent cities. 2. Amend Section 17.44.030(0) to read as follows: "The parking requirements for a snack bar and/or snack shop shall be the same as that for a restau- rant, unless it can be shown to the Planning Commission that the char- acteristics of the building; its location, size and other mit- igating factors such as limit- ed service area relative to gross floor area and limited seating capacity result in less parking demand than for a restaurant use. In these cases the Planning Commission may consider the retail commercial requirement for parking, pursuant to Section• 17.44.210 Parking Plans" SECTION 12. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause the summary to be published in the Emy Reader, a weekly newspa- per of general circulation, published and circulated in the City of Hermosa Beach. 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 8th day of June, 2004 by the following vote: AYES: Edgerton, Keegan, Reviczky, Tucker, Mayor Yoon NOES: None ABSENT: None ABSTAIN: None Art Yoon PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, Caldomia ATTEST: Elaine Doerflina . City Clerk APPROVED AS TO FORM: Michael Jenkins City Attorney ER June 3, 2004/HC04-014 I • i• 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 ORDINANCE NO. 04-1242 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING BY REFERENCE PART 2 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS WITH UPDATED STRUCTURAL AMENDMENTS, COMPRISING THE 2001 CALIFORNIA BUILDING CODE; PART 3 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2001 CALIFORNIA ELECTRICAL CODE; PART, 4 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2001 CALIFORNIA MECHANICAL CODE; PART 5 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2001 CALIFORNIA PLUMBING CODE; PART 9 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2001 CALIFORNIA FIRE CODE; PART 10 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2001 CALIFORNIA CODE FOR BUILDING CONSERVATION; THE 1997 EDITION OF THE UNIFORM HOUSING CODE; AND THE 1997 EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS; AMENDING SAID CODES; AND AMENDING TITLE 15 OF THE HERMOSA BEACH MUNICIPAL CODE. WHEREAS, the State of California has adopted the California Building Standard Codes that must in turn be adopted or utilized by each city or county; WHEREAS, the State Building Standards Commission has recently adopted new updated structural standards to provide a uniform level of public safety throughout the State; WHEREAS, recent major earthquakes have revealed shortcomings in current building standards; design; WHEREAS, current published standards do not include new advancements in seismic WHEREAS, the proposed standards will reduce loss of life and economic hardship after a major earthquake; WHEREAS, the standard four year code adoption cycle may be extended due to the proposed adoption of new model codes (NFPA 5000 or 2003 IBC) and the delay will cause the current California Building Code to be out of step in its reference standards and engineering principles with the most current model building codes; 2 3 4 5 6 7 8 9 10 11 12 13 • 14 r� U 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, this project will not have a significant effect on the environment, and is therefore exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) of the CEQA Guidelines. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 15.04.010 of Title 15, the California Building Code, 2001 Edition (Part 2 of Title 24 of the California Code of Regulations), as amended on July 18, 2003 and March 18, 2004, incorporating structural updates and amending the Uniform Building Code, 1997 Edition, published by the International Conference of Building Officials, including appendices, excepting Chapters 3, Division III and IV, 4, Division H, 11, 13, 21, 23, and 31 of said 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 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. 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. SECTION 2. All inconsistencies between the Building Code, Electrical Code, Mechanical Code, Plumbing Code, and Fire Code, as adopted by this Ordinance, and the 2001 edition of the California Building Code, Electrical Code, Mechanical Code, Plumbing Code, and Fire Code, as set forth in Parts 2, 3, 4, 5 and 9, respectively, of Title 24 of the California Code of Regulations, are changes, modifications, amendments, additions or deletions thereto authorized by California Health and Safety Sections 17958.5 and 17958.7. SECTION 3. 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. -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 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. The City Council does hereby designate the City Attorney to prepare a summary of this ordinance to be published pursuant to Government Code Section 36933(c)(1) in lieu of the full text of said ordinance. That prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause the summary to be published in the Easy Reader, a weekly newspaper of general circulation, published and circulated in the City of Hermosa Beach. 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; 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 7. State law requires that localities adopt the California Building Standards Code and modifications thereto 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 modification 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. -3- • • C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 the summary to be published in the Easy Reader, a weekly newspaper of general circulation, published and circulated in the City of Hermosa Beach. 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; 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 10th day of August 2004, by the following AYES: Keegan, Reviczky, Tucker, Mayor Yoon NOES: None ABSENT- Ed g rton ABSTAIN: Noe PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST- APPROVED AS TO FORM: City Clerk v u City -4- 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. 04-1242 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 August 2004, and a summary of said ordinance was published in the Easy Reader newspaper on August 19, i 2004. • The vote was as follows: AYES: Edgerton, Keegan, Reviczky, Tucker, Mayor Yoon NOES: None ABSENT- None ABSTAIN: None DATED: September 14, 2004 ": � 9�- - 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 14ERMOSA 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 19 ALL IN THE YEAR 2004 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signed at HERMOSA BEACH, CALIFORNIA, This 19h day of August 2004 Proof of Publication of - CITY OF HERMOSA BEACH Ordinance #04-1242 Amendment HC04-018 w e Ordinance No. 04-1242 is available for review in the City t s c I o r Clerk's office. '••' Ordinance No. 04-1242 was adopted on August 10, 2004 SUMMARY OF by the following vote: ORDINANCE NO. 04-1242 -YES: Edgerton, Ordinance No.04-1242 Keegan, Reviczky, amends the City's Building Code by making numerousTucker, bon technical amendments to N NOES: None one keep the Code consistent ABSENT: None with recently adopted emer- --STAIN: None gency amendments to the ArtYoon California State Building PRESIDENT of the City Code. The amendments Council, and MAYOR of the 1 contained in Ordinance No. City of Hermosa Beach, 04-1242 update structural Californiabuilding standards pertain- ing to seismic safety in ATTEST: building design, involving Doerfling_ such matters as earth- _Elaine City Clerk quake load factors, seismic design factors, connection APPROVED AS TO FORM; of discontinuous elements, Jenkins_ framing, structural testing _Michael City Attorney and design parameters for ER August 19, 2004/ ,steel member resisting- HC04-018 frames and for wood fram- ing. A full copy of w 2 3 4 5 6 7 8 9 10 12 13 14 44 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 ORDINANCE NO. 04-1243 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CORRECTING ERRORS MADE IN THE ADOPTION OF ORDINANCE NO. 02- 1221, AMENDING SECTION 17.44.090 -TO REMOVE LEASED OFF-SITE PARKING AS AN OPTION FOR REQUIRED PARKING, AND AMENDING SECTION 17.28.020 — TO REMOVE STORAGE AND MINI -STORAGE AS PERMITTED USES, AND TO REQUIRE CONDITIONAL USE PERMITS FOR CERTAIN MANUFACTURING USES IN THE M-1 ZONE. The City Council of the City of Hermosa Beach does hereby ordain as follows: SECTION 1. The City Council held a duly noticed public hearing on October 12, 2004 to correct an error in Ordinance No. 02-1221, approved July 27, 2002, regarding the leasing of required parking and changes to the M-1 permitted use list. SECTION 2. The Planning Commission held a duly noticed public hearing on August 17, 2004 to correct the errors in Ordinance No. 02-1221, approved July 27, 2002, regarding the leasing of required parking and changes to the M-1 permitted use list. SECTION 3. Based on the evidence considered at the public hearing, the City Council makes the following findings: 1, The City Council previously considered the proposed text amendment regarding off- site parking and determined that providing leased off-site parking creates problems relative to enforcement of parking regulations. 2. The City Council previously adopted Ordinance 99-1193 which established anew M-1 permitted use list which did not include storage and mini -storage uses as permitted uses, determining that it would help maintain suitable locations for manufacturing uses, and also included conditional use permits for certain uses. When Ordinance No. 02- 1221 was adopted to change the M-1 permitted use only to add parking lots and structures to the M-1 permitted use and no other changes, these 1999 amendments regarding storage and mini -storage uses, and conditional use permit requirements for 1 04-1243 1 2 3 4 5 6 7 8 9 10 11 &M 13 10 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 certain manufacturing uses were inadvertently not included in the final adopted ordinance. 3. The proposed text amendment will correct the errors, which occurred with adoption of Ordinance No. 02-1221. 4. 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 modification to the text may have a significant effect on the environment. SECTION 4. Based on the foregoing, the City Council amends the Hermosa Beach Municipal Code, Title 17 -Zoning, as follows: 1, Amend Section 17.28.020 to read as follows: "Sec. 17.28.020 Permitted Uses In the following matrix, the letter "P" designates use classifications permitted and the letter "U" designates use classifications permitted by approval of a Conditional Use Permit. Use classifications not listed are prohibited. Section numbers listed under "see section" reference additional regulations located elsewhere in the Zoning Ordinance or Municipal Code. M-1 ZONE, LAND USE REGULATIONS P = Permitted U = C.U.P. Required (See Article 10) Administrative offices accessory to a primary permitted use P (listed below), not exceeding twenty-five percent of the gross floor area 2 04-1243 • • • 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 2s t Artist studio P Audio/Visual recording studio P Motor Vehicle and equipment service: • General repair, service, installation of parts and accessories U Chapter 17.40 • Body repair and painting U Chapter 17.40 Manufacturing, fabrication, assembly, testing, repair, servicing U Chapter and processing of the following products and materials: 17.40 Coated, plated and engraved metal products Die cut paper, paperboard, cardboard Machinery Equipment and supplies Surfboards Manufacturing, fabrication, assembly, testing, repair, servicing P and processing of the following products and materials Apparel Audio/Visual products Awnings Bakery Products Communications Equipment 3 04-1243 r� 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 is 27 28 Confectionery and related products Electronic components, computers, and accessories Electric lighting and wiring equipment Stone and cut stone products Furniture and fixtures Glass products Household tools and hardware Jewelry, silverware, and plated ware Luggage Motor vehicle parts and accessories Musical instruments and parts Office and household machines and appliances Office products Paperboard containers and boxes Pharmaceutical Products Photographic and optical goods, watches and clocks Hardware, plumbing, heating equipment and supplies Pottery and related products Professional, scientific and controlling instruments Toys, amusements, sporting and athletic goods (including surfboards) Wooden containers 4 04-1243 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 28 1 Parking lots and/or structures I P Wireless Communication facility I U Wholesale distribution of the products and materials listed P above, and including the following: Packaged groceries and related products Warehousing l P 2. Amend Section 17.44.090 to read as follows: "Section 17.44.090 Off-street Parking Location All off-street automobile -parking facilities shall be located as follows: A. All required parking spaces shall be located on the same lot or building site as the use for which such spaces are provided; provided however, that such parking spaces provided for commercial, business, industrial or warehouse uses may be located on a different lot or lots, all of which are less than three hundred (300) feet distant from the use for which it is provided, and such lot or lots are under common ownership with the lot or building site for which such spaces are provided. Where the buildings are situated on one lot and the parking is situated on another lot, the owner shall file with the Community Development Department an affidavit recorded by the office of the Los Angeles County recorder that these lots are held in common ownership for the use specified. Such distance shall be measured along a straight line drawn between the nearest point on the premises devoted to the use served by such parking facilities and the nearest point on the premises providing such parking facilities. 5 04-1243 1 • 1 2 3 4 5 6 r� 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ,o 27 28 It is further provided that uses located within the boundaries of an established off- street parking district, organized pursuant to action by the city council, shall be waived by the requirements of this subsection." SECTION 5. This ordinance shall become effective and be in full force and effect 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 a newspaper of general circulation 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. vote: PASSED, APPROVED and ADOPTED this 26th day of October, 2004 by the following AYES: Edgerton, Keegan, Reviczky, Tucker, Mayor Yoon NOES: None ABSENT• None ABSTAIN: None PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST - City Clerk 6 APPROVED AS TO FORM: City Attorney 04-1243 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. 04-1243 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 October 2004, and said ordinance was published in the Easy Reader newspaper on November 4, 2004. The vote was as follows: 0 AYES: Edgerton, Keegan, Reviczky, Tucker, Mayor Yoon NOES: None ABSENT- None ABSTAIN: None DATED: November 9, 2004 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: Novemher 4 ALL IN THE YEAR 2004 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signed at HERMOSA BEACH, CALIFORNIA, This 4rh day of November 2004 �: �—� Beverly lvlvr, Pri cjpat Clerk 04 - Proof of Publication of - CITY OF HERMOSA BEACH Ordinance 04-1243 Parking HC04-021 ORDINANCE NO. 04-124 regarding storage and mini -storage uses, and AN ORDINANCE OF THE conditional use -permit CITY OF HERMOSA BEACH, requirements for certain CALIFORNIA, CORRECTING manufacturing uses were i Department an affidavit record - ERRORS MADE IN THE inadvertently not included ed by the office of the Los Angeles County recorder ADOPTION OF ORDINANCE in the final adopted ordi: I that these lots held NO. 02-1221, AMENDING SECTION 17.44.090 nance. 3. The proposed text amend- are in common ownership for the use specified. To REMOVE LEASED OFF-SITE. ment will correct the Such distance shall be mea - PARKING AS AN OPTION errors, which occurred sured along a straight line FOR REQUIRED PARKING, with adoption of drawn between the nearest AND AMENDING SECTION Ordinance No. 02-1221. point on the premises devoted 17.28.020 – TO REMOVE 4. The subject text amend- to the use served by such park - STORAGE AND MINI-STOR- ment is exempt from the ing facilities and the nearest AGE AS PERMITTED USES, requirements of the point on the premises providing AND TO REQUIRE CONDI. California Environmental such parking facilities. TIONAL USE PERMITS FOR Quality -Act (CEQA), pur- it is further provided that CERTAIN MANUFACTURING suant to the general rule uses located within the bound - USES IN THE M-1 ZONE. set forth in Section aries of an established off-street The City Council of the City 15061(3) of the CEOA parking district, organized pur- of Hermosa Beach does hereby Guidelines, as -there isnosuant to action by the city coun. ordain as follows: possibility that the modffi- cil, shall be waived by the SECTION L The City cation to the text may requirements of this subsection:' Council held a duly noticed have .a significant effect SECTION 5. This ordi- public hearing on October 12, on Ilre environrnernt. nance shall become effective and be in full force 2004 to correct an errorin SECTI4 ON . Based on the and effect Ordinance No. 02-1221, foregoing, the City Council after thirty (30) days of its final approved July 27, 2002, regard- amends the Hermosa Beach _ passage and adoption. ing the leasing of required park- Municipal Code, Title 17- SECTION 6. Prior to the ing and changes to the M-1 per- Zoning, as follows: expiration of fifteen (15) days miffed use list. 1. Amend Section 17.28.020 after the date of its adoption, the SECTION 2. The Planning to read as follows: City Clerk shall cause this ordi- Commission held a duly 'Sec. 17.28.020 Perrniltid nance to be published in a noticed public hearing on Uses newspaper of general circulation August 17, 2004 to correct the In the matrix in Sec. 1728.020, in the City of Hermosa Beach in errors in Ordinance No. 02- dw letter "P" designates use the manner provided by law. 1221, approved July 27, 2002, classifications permitted and the SECTION 7. The City Clerk regarding the leasing of leffer `U'designates use dassifl- shall certify to the passage and required parking and changes cations permitted by approval of adoption of this ordinance, shall to the M-1 permitted use list. a Conditional Use Permit• Use enter the same in the book of SECTION 3. Based on the classifications not listed are pro- original ordinances of said city, evidence considered at the hbiled. Section numbers fisted and shall make minutes of the public hearing, the City Council tinder "see section- reference passage and adoption thereof in makes the following findings: additional regulations located the records of the proceedings 1. The City Council previous. elsewhere in the Zoning of the City Council at which the ly considered the pro- Ordnance or Municipal Code. same,is passed and adopted. posed text amendment 2. Amend Section 17.44.090 regarding off-site parking I to read as follows: PASSED, APPROVED and and determined that pro- "Section 17.44.090 Off- ADOPTED this 26th day of viding leased off-site park- street Parking Location October, 2004 by the following ing creates problems rela- All off-street automobile- vote: tive to enforcement of parking facilities shall be AYES: Edgerton, parking regulations. located as follows: Keegan, Reviczky, 2. The City Council previous- A. All required parking Tucker, Mayor Yoon ly adopted Ordinance 99- spaces shall be located on the NOES: None 1193 which established a same lot or building site as the ABSENT: None new M-1 permitted use list use for which such spaces are ABSTAIN: None which did not induce stir- P provided rovided however, age and mini -storage that such parking spaces pro- ArtYoon. uses as permitted uses, vided for commercial, business, I PRESIDENT of the City determining that it would industrial or warehouse uses Council and MAYOR of the City help maintain suitable may be located on a different lot I of Hermosa Beach, California locations for manufactur- or lots, all of which are less than ing uses, and also includ- three hundred (300) feet distant ATTEST: ed conditional use permits from the use for which it is pro- Elaine Doerfling for certain uses. When vided, and such lot or lots are City Clerk Ordinance No. 02-1221 under common ownership with the lot or building site for which was adopted to change the M-1 permitted use such spaces are provided. IAPPROVED AS TO FORM: Jenkins Michael elJen Jen only to add parking lots Where the buildings are sit- City and structures to the M-1 uated on one lot and the park -Attorney permitted use and no ing is situated on another lot, I ER November 4, 2004/d other changes, these the owner shall file with the HC04-021 1999 __amendments – Community Development �m 2 3 4 5 6 7 8 9 10 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 ORDINANCE NO. 04-1244 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ESTABLISHING A DAYTIME CURFEW FOR MINORS AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE The City Council of the City of Hermosa Beach does ordain as follows: SECTION 1. Title 9 of the Hermosa Beach Municipal Code is amended by adding thereto a new Chapter 9.32 to read as follows: Chapter 9.32 DAYTIME JUVENILE CURFEWS Sections: 9.32.010 Definitions. 9.32.020 Prohibited Act. 9.32.030 Exemptions. 9.32.040 Infraction - Penalty. 9.32.050 Hearing requirement - parental obligations to attend. 9.32.060 Penalty may be set aside for first infraction. Section 9.32.010 Definitions Unless the context clearly indicates otherwise, the terms used in this Chapter will be defined as follows: "Establishment" means any privately owned place of business operated for a profit to which the public is invited, including without limitation, places of amusement or entertainment, retail stores and eating places. "Guardian" means a person who, under court order, has legal charge or custody of a minor, "Minor" means any person under eighteen (18) years of age. "Public Place" means any place to which the public has access, including without limitation, public buildings, public parks, playgrounds, the beach, schools (other than the school at which the minor is enrolled), and common areas of condominiums and apartment buildings, office buildings and transportation facilities. U 04-1244 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "Public Street" means any public street, highway, road, avenue, sidewalk, alley, parkway or other right-of-way. Section 9.32.020 Prohibited act. It shall be unlawful for any minor to be present in or remain in or upon any public street, public place, or any establishment, vacant lot or other unsupervised place during the hours of 8:30 a.m. and 1:30 p.m. of the same day on days when said minor's school is in session. It shall also be unlawful for a parent or guardian of a minor to knowingly permit, or by insufficient control, allow a minor for whom they are responsible, to remain in any public place or on the premises of any establishment within the City during these daytime curfew hours. Section 9.32.030 Exemptions. The provisions of this Chapter shall not apply under any one of the following circumstances: A. The minor has in his or her possession a written excuse from the minor's parent(s), legal guardian(s), or other adult person(s) having the legal care or custody of said minor, which excuse provides a reasonable explanation, as determined by the court, for the minor' s absence from school; B. The minor is accompanied by his or her parent(s), legal guardian(s), or other adult person(s) having the legal care or custody of the minor; C. The minor is upon an emergency errand directed by said minor's parent(s), legal guardian(s), or other adult person(s) having the legal care or custody of the minor; D. The minor is going to or returning directly from a medical appointment; E. The minor has permission to leave campus and said minor has in his or her possession a valid, school -issued, off -campus permit; F. The minor is going to or returning directly from a public meeting, or place of public entertainment, such as a movie, play, sporting event, dance or school activity, provided such meeting, event or activity is a school -approved activity for the minor or is otherwise supervised by school personnel of said minor's school; 2 04-1244 �. 1 2 3 4 5 6 7 8 9 10 12 13 14 15 I6 17 18 19 20 21 22 23 24 25 26 • 27 28 G. The presence of the minor in said place or places is connected with or required by a school - approved or school -related business, trade, profession or occupation in which said minor is lawfully engaged; H. The minor, due io split sessions or year round school, is not required at the time he or she is found, to be in attendance at school; I. When the minor is exempt by law from compulsory education or compulsory continuation education; J, When the minor is authorized to be absent from his school pursuant to the provisions of California Education Code Section 48205 or any other applicable State or Federal law; K. The minor is emancipated pursuant to law; L. The minor is in a motor vehicle involved in interstate travel; or M. The minor is engaged in an activity protected by the United States or California constitutions. Section 9.32.040 Infraction - Penalty. Violation of this Chapter shall constitute an infraction punishable by a fine as provided for in Section 1.12.010(B) of this Code. Section 9.32.050 Hearing requirement - Parental obligation to attend. A minor cited for an infraction for violation of a provision of this Chapter must attend a court hearing on the infraction and must be accompanied at the hearing by all of the persons (or person) having the legal care or custody of said minor. If any such person fails to attend the hearing with the minor, and unless the interests of justice would otherwise be served, the court shall continue the hearing and shall issue a citation to said person directing said person to appear at the continued hearing with the minor. Section 9.32.060 Penalty may be set aside for first infraction. Notwithstanding the provisions of this chapter, the court may set aside the fine imposed by this Chapter, or any portion thereof, if the fine is based on the minor's first infraction under this Chapter and provided the minor produces proof satisfactory to the court that the following has 91 04-1244 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 occurred during the period between the initial hearing on the infraction and any subsequent hearing set by the court: A. The minor has had no unexcused absences from school; and, as directed by the court, either or both of the following: B. The minor has performed ten (10) hours of court -approved community service during times other than said minor's hours of school attendance; and/or C. The minor's parent(s), legal guardian(s), or other adult person(s) who have the legal care or custody of said minor, has or have attended a parenting class or a series of parenting classes approved by the court. SECTION 2. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause the summary to be published in the Easy Reader, a weekly newspaper of general circulation, published and circulated in the City of Hermosa Beach. SECTION 3. 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. I vote: PASSED, APPROVED and ADOPTED this 26th day of October, 2004 by the following AYES: Keegan, Reviczky, Tucker, Mayor Yoon NOES: Ed erton ABSENT- fcne ABSTAIN:ne PRESIDENT of ATTEST - City Clerk Council and MAYOR of the City of Hermosa Beach, California 4 1930 1XVI-Y11C81Ile] :7uA ty Attorney 04-124 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. 04-1244 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 October 2004, and said ordinance was published in the Easy Reader newspaper on November 4, 2004. The vote was as follows: AYES: Keegan, Reviczky, Tucker, Mayor Yoon NOES: Edgerton ABSENT• None ABSTAIN: None DATED: November 9, 2004 City Clerk ..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 Ph: 310 372-4611 Fax: 310 318-6292 Ordinance 04-1244 Curfew easyreader@easyreader. info HC04-022 ORDINANCE NO. 12 J PROOF OF PUBLICATION AN ORDINANCE OF THE guardian of a minor to knowing- ly permit, or by insufficient con- L. The minor is in a motor vehicle involved in interstate I CITY OF HERMOSA BEACH, trol, allow a minor for whom travel; or (2015.5 C. C. P.) CALIFORNIA, ESTABLISH- ING they are responsible, to remain M. The minor is engaged in A DAYTIME CURFEW in any public place or on the an activity protected by the FOR MINORS AND AMEND- premises of any establishment United States or. California con- ING THE HERMOSA BEACH within the City during these stitutions. MUNICIPAL CODE daytime curfew hours. Section 9.32.040 STATE OF CALIFORNIA, The City Council of the City Section 9.32.030 Exemptions. Infraction .. Penalty. County of Los Angeles, of Hermosa Beach does ordain as follows: The provisions of this Chapter shall not apply under Violation of this Chapter.! SECTION 1. Title 9 of the any one of the following circum- infraction shall constitute fine punishable by fine - provO(B) I am a citizen of the United States and a resident of the County Hermosa Beach Municipal stances: n .0 o Code. in n 1.12.01 0(8) of aforesaid: I am over the age of eighteen years and not a Code is amended by adding thereto a new Chapter 9.32 to A. The minor has in his or her possession a written thi Hearing party to or interested in the above -entitled matter. I am read as follows: excusefrom rr tguardian(s), Section 9.32.050 requirement Parental oblig- 9.32 I ation to attend. the principal clerk of the printer of the BEACH DAYTIME JUVENILE other adult person(s) having 9 A minor aced for an infrac- PEOPLE'S EASY READER-REDONDO BEACHCURFEWS Sections: the legal care or custody of said minor, which excuse provides a tion for violation of a provision HOMETOWN NEWS, a newspaper of general 9.32.010 Definitions. reasonable explanation, as of this Chapter must attend a court hearing on the infraction circulation, published WEEKLY In the Ci f p City O9.32.030 9.32.020 Prohibited Act. Exemptions. determined by the court, for the minor' s absence from school; and must be accompanied at HERMOSA BEACH, County of Los Angeles, and which 9.32.040 Infraction B. The minor is accompa- the hearing by all of the persons (or person) having the legal newspaper has been adjudged a newspaper of general Penalty. 9.32.050 Hearing require- nied by his or her ,parent(s), legal guardian(s), or other adult care or custody of said minor. If any such person fails to attend circulation by the Superior Court of the County of Los Rent parental person(s) having the legal care the hearing with the minor, and Angeles, State of California, under the date of October 24, • obligations to attend. or custody of the minor; C. The minor is upon an unless the interests of justice 1972, Case Number SWC 22940 and October 3, 1989, 9.32.060 Penalty may be emergency errand directed by would otherwise be served, the court shall continue the hearing Case Number SWC 108772, and that the notice, of which sent aside for first infraction said minor's parent(s), legal j guardian(s), or other adult per- and shall issue a citation to said the annexed is a printed copy (set in type not smaller that Section 9.32.010 Definitions son(s) having the legal care or person directing said person to appear at the continued hear - nonpareil), has been published in each regular and entire Unless the context clearly indicates oche wise,Chapthe termwill custody of the minor; The is go ing with the minor. Section 4.124.060 Penalty issue of said newspaper and not in any supplement thereof in returning rminorirec* a meor may be set aside for first defined as follows: real appointment; infraction. on the following dates, to -wit: "Establishment" means E. The minor has permis- Notwithstanding the provisions any privately owned place of business operated for a profit to sion to leave campus and said of this chapter, the court may set which the public is invited, minor has in his or her posses_ sion a valid, school -issued, off- aside the fine imposed by this i Chapter, or any portion thereof, November 4 including without limitation, places of amusement or enter- cam us mit; p if the fine is based on the minor's tainment, retail .stores and eat• F. The minor is gang to or returning directly from a pudic first infraction under this Chapter and provided the minor pro - ALL IN THE YEAR 2004 ing places. "Guardian" means a person meeting, or place of public duces proof satisfactory to the who, under court order, has legal entertainment, such as a movie, play, sporting event, court that the following has occurred during the period ' charge or custody of a minor. "Minor" dance or school activity, provid- between the initial hearing on means arty person ed such meeting, event or activ- the infradian and any subse- I certify (or declare) under penalty of perjury that under eighteen (18) years of age. "Public gy is a school -approved activity quent hearing set by the court: the foregoing is true and correct. Place" means any place to which the public has for the minor or is otherwise A. The minor has had no access, including without limita- supervised by school person- nel of said minor's school; unexcused absences from school; and, as directed by the tion, public buildings, public G. The presence of the court, either or both of the fol - Signed at HERMOSA BEACH, CALIFORNIA, parks, playgrounds, the beach, schools (other than the school minor in Said place or places is connected with or required by a lowing: B. The minor has performed at which the minor is enrolled), and common areas of condo- school -approved or school- ten (10) hours of court - This 4`h da of November 2004 y miniums and apartment build- related. business, trade, proles- sion or occupation in which saki approved community service during times other than said ings, office buildings and trans- minor is lawfully engaged; minor's hours of school atten- ' portation facilities. "Public Street" means any H. The minor, due to split sessions or year round school, � dance; and/or C. The minor's parent(s), public street, highway, road, is not required at the time he or legal guardian(s), or other adult avenue, sidewalkalley, park- , she is found, to be in atten- person(s) who have the legal way or other right, way. then ri20 dance at school; care or custody -of said minor, i� Beverly Mors ,rincial Clerk Section Prohibited act. I. When the minor is exempt by law from compulsory educa- has or have attended a parent. ing class or a series of parenting. It shall be unlawful for any tion or compulsory continuation classes approved by the court. minor to be present in or education; SECTION 2. Prior to the 1 remain in or upon any public street, public Lace, or an p p y J. When the minor is autho- j _ expiration of fifteen (15) days establishment, vacant lot or 'I rized to be absent from his school pursuant to the provi- the date of ausefion, other unsupervised place dur- ing the hours of 6:30 a.m. and dons of California Education I the the City Clerk shah cause the summary to be published in the 1:30 p.m. of the same day on Code Section 48205 or any' other applicable State or, Easy Reader, a weekly news - days when said minor's school Federal law; a r of eneral circulation, PPe 9 is in session. It shall also be unlawful for K. The minor is emancipat published and circulated in the City of Hermosa Beach. a parent or ed pursuant to law; SECTION 3. The City Clerk shall certify to the passage and adoption of this ordinance, shall inter the same in the book of xiginal ordinances of said city; shall make minutes of the pas - ;age and adoption thereof in he records of the proceedings Pt the City Council at which the ;ame is passed and adopted. SASSED, APPROVED and 4DOPTED this 261h day of Dctober, 2004 by the following rote: AYES: Keegan, Tucker, Reviczky, Mayor Yoon NOES: Edgerton ABSENT: None ABSTAIN: None AnYoon PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CaWmia k7s%7'. Elaine Doerfling City Clerk APPROVED AS TO FORm,. Michael Jenkins City Attorney ER November 4,2004/ HC04-022 I • 2 3 4 5 6 7 8 9 10 11 12 13 14 • 15 16 17 18 19 20 21 22 23 24 25 26 27 is 28 ORDINANCE NO. 05-1246 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE, SECTION 17.22.060(F), TO REQUIRE SEPARATE METERS FOR WATER SUPPLY SERVICE CONNECTIONS FOR EACH UNIT IN RESIDENTIAL CONDOMINIUM PROJECTS The City Council of the City of Hermosa Beach does hereby ordain as follows: SECTION 1. The City Council held a duly noticed public hearing on February 8, 2005, to consider the recommendation of the Planning Commission to amend the Zoning Ordinance to require separate meters for water supply service connections in residential condominium projects. SECTION 1. The Planning Commission held a duly noticed public hearing on December 1, 2004, to consider amending the Zoning Ordinance to require separate water supply meters in condominium projects, by amending Section 17.22.060(F) of the Zoning Ordinance. SECTION 2. Based on the evidence and testimony and the record of the Planning Commission considered at the public hearing, the City Council makes the following findings: 1. The Zoning Ordinance currently requires separate metering within residential condominium projects for gas and electric utility connections, but not for water supply service connections. 2. The current common practice is also to provide separate meters for water supply connections. SECTION 3. Based on the foregoing, the City Council hereby ordains that the Hermosa Beach Municipal Code, Title 17 -Zoning, Chapter 17, Section 17.22.060 sub -section F be amended as follows: "F. Utilities. 1. All utilities shall be underground. 2. Each utility service connection, including water supply, that is controlled by and consumed within the individual unit shall be separately metered. 05-1246 1 I • 2 3 4 5 6 7 8 9 10 11 12 13 14 r� L 16 17 18 19 20 21 22 23 24 25 26 27 • 28 3. All meters, utility service connections and major roof chimneys, pipes or structures shall be integrated with the design of the building and screened architecturally and/or by landscaping. 4. Clothes washers, dishwashers, hot water heaters and any other appliances likely to be a potential source of water leakage or flooding shall be installed with built-in drip pans and appropriate drains, subject to the approval of the building director (except in the case of concrete slab floors on grade). 5. Each unit shall have its own circuit breaker panel for all electrical circuits and outlets which serve the unit. Such panel shall be accessible without leaving the unit. Each dwelling unit and common area shall have its own manually switchable circuit. 6. No plumbing fixtures shall be located in a common wall between two individual units. Each condominium unit shall have the necessary facilities installed (e.g., plumbing, electrical, venting, etc.) for washers and dryers. 7 No common vents or drain lines shall be permitted for contiguous units unless there is at least ten feet of pipe between the closest plumbing fixtures within the separate units. 8. All water supply lines within the project shall be isolated from wood, metal and other framing with pipe isolators specifically manufactured for that purpose and approved by the director of building and safety. All vertical drainage lines within the project shall be isolated from touching wood, metal and other framing and all drainage pipe shall be surrounded by building department approved insulation." 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 05-1246 I • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 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 22nd of February 2005 by the following vote: AYES: Edgerton, Keegan, Yoon, Mayor Reviczky NOES: Tucker ABSENT- None ABSTAIN: None PRESIDENT of the ATTEST - City Clerk I and Ali *R of the City of Hermosa Beach, California 3 City Attorney FORM: 05-1246 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. 04-1246 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 22nd of February 2005, and said ordinance was published in the Easy Reader newspaper on March 3, 2005. The vote was as follows: AYES: Edgerton, Keegan, Yoon, Mayor Reviczky NOES: Tucker ABSENT- None ABSTAIN: None DATED: March 8, 2005 &-�� 4g City Clerk 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 Ph: 310 372-4611 Fax: 310 318-6292 Ordinance #05-1246 — Zoning, Water easyreader@easyreader.info HC05-004 PROOF OF PUBLICATION P (2O15.SC.C. .) .aMo r • off; �g o STATE OF CALIFORNIA, "`' 17, Section 17.22.060 sub -sec - County of Los Angeles, tion F be amended as follows: "F. ORDINANCE NO. W1246 Utilities. 1. All utilities shall be under - This ordinance I am a citizen of the United States and a resident of the AN ORDINANCE OF HER- ground. Each utility service con- shall become and be County aforesaid: I am over the age of eighteen years and I THE CITY OF MORA BEACH, CALI- nection, including water supply, that is controlled by and con- in full force and effect from and after thirty (30) days of its final not a party to or interested in the above -entitled matter. I i FHE Z AMENDING THE ZONING ORDI- sumed within the individual unit assage and adoption. P SECTION 5 to the am the principal clerk of the printer of the BEACH MANCE, SECTION Sha. A( meters, utilitytserdvice expiration of fifteen of fifteenr'(15) days PEOPLE'S EASY READER-REDONDO BEACH REQUIREor TO SEPARATE 'I connections and major roof chimneys, pipes or structures after the date hits adoption, the City Clerk shall cause this HOMETOWN NEWS, a newspaper of general I METERS FOR WATER SUPPLY SERVICE shall. be integrated with the ordinance to be published in the Easy Reader, a weekly circulation, published WEEKLY In the City Of CONNECTIONS FOR EACH UNIT IN RESI- design of the building and screened architecturally and/or newspaper of general circula- tion published and circulated, HERMOSA BEACH, Coun of Los Angeles, and which ty g DENTIAL CONDOMINI- by landscaping. 4. Clothes washers, dish- in the City of Hermosa Beach newspaper has been adjudged a newspaper of general UM PROJECTS washers, hot water heaters and in the manner provided by law. SECTION 6. The City Clerk circulation by the Superior Court Of the County Of LOS The City Council of the City y Hermosa Beach does hereby an other appliances like) to be Y l so Y a potential source water leak- shall certify to the passage and adoption of this ordinance, Angeles, State of California under the date of October 24 t g ' ordain as follows: ll age or flooding shall be installed with built-in drip pans and shall enter the same in the ; 1972, Case Number SWC 22940 and October 3, 1989, SECTION 1. The City Council held a duly noticed appropriate drains, subject to of tthe he said city, original sl ordall inances of Case Number SWC 108772, and that the notice, of which public hearing on February 8, 2005, to consider the recom- j; directtorp(ex ept inroval case o utes of hepassage and adop- tion thereof ih the records of the annexed is a printed copy (set in type not smaller that mendation of the Planning concrete slab floors on grade). 5. Each unit shall have its the proceedings of the City nonpareil), has been published in each regular and entire Commission to amend the Zoning Ordinance to require I, own circuit breaker panel for all electrical circuits and outlets Council at which the same is passed and adopted. issue of said newspaper and not in any supplement thereof separate ly serry ce connecti ns in es '' which serve the unit. Such panel shall be accessible with- PASSED,DAPPRO anod 22Dd on the following dates, t0 -Wit: dential condominium projects. SECTION 1. The Planing out leaving the unit. Each this nd ADOPTEFebruary 2005 b the follow - Y Commission held a duly dwelling unit and common area shall have its own manually ing vote: noticed public hearing on December 1, 2004,to consider switchable circuit. No plumbing fixtures shall AYES: Ed erton, g March 3 amending the Zoning6. Ordinance to require separate be located in a common wall. seen two individual units. Keegan, Yoon, Mayor Reviczky water supply meters in condo 17 22 Oho amending Section projects, dthe Each condominium unit shall have the necessary facilities NOES: Tucker ABSENT: None ALL IN THE YEAR 2005 () installed (e.g., plumbing, elec ABSTAIN: None Zoning Ordinance. SECTION 2. Based on the trical, venting, etc.) for washers evidence and testimony and the record of the Planning dryers. and7 common vents or drain J.R. Reviczky the City I certify (or declare) under penalty of perjury that Commission considered at the lines shall be permitted for con- us units unless there is at PRESIDENT of Council and MAYOR of the City a v the foreboinb is true and correct. public hearing, the City Council makes the following findings: least ten feet of pipe between PP of Hermosa Beach, California I 1. The Zoning Ordinance the closest plumbing fixtures within the separate units. ATTEST: Elaine noerflino currently requires separate metering within residential con- 8. All water supply lines with- City Clerk Signed at HERMOSA BEACH CALIFORNIA g � dominium projects for gas and 'd electric utility connections, but in the project shall be isolated from wood, metal and other APPROVED AS TO FORM: not for water supply service framing with pipe isolators specifically manufactured for p Y Michael JviiKim Ci Attorney ty � rd This 3 day of March 2005 connections. 2. The current common that purpose and approved by the -director of building and practice is also to provide sep arate meters for water supply safety. Y•All vertical drains a , lines within the project shall ER March 3, 2005/HC05-004 Y connections. SECTION 3. Based on the isolated from touching wood, metal and other framing and all foregoing, the City Council hereby -ordains that the drainage pipe shall be sur - Hermosa Beach Municipal rounded by building depart - awrov-ed insulation" — Beverly Mor incip Clerk Code, Title 17 -Zoning, Chapter .-ment __ __— I • 2 3 4 5 6 7 8 9 10 11 12 13 14 L 16 17 18 19 20 21 22 23 24 25 26 27 • 28 ORDINANCE NO. 05-1247 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE CAMPAIGN CONTRIBUTION PROVISIONS AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE The City Council of the City of Hermosa Beach does ordain as follows: SECTION 1. Section 2.08.020 of Title 2, Chapter 2.08 of the Hermosa Beach Municipal Code is amended to read as follows: 2.08.020 Campaign contribution limitations. A. No person shall make a contribution to any candidate for city elective office or to any such candidate's committee, nor shall any candidate for city elective office or his or her committee accept, any contribution in aid of the election of a candidate to a city elective office which will cause the total given by such person with respect to a single election to exceed the sum of two hundred fifty dollars ($250.00). This section shall not apply to amounts given by a candidate to his or her own campaign. B. No person shall make to any independent committee that expressly advocates support of or opposition to any candidate or candidates for city elective office, nor shall any independent committee that expressly advocates support of or opposition to any candidate or candidates for city elective office accept, any contribution in connection with a single election in excess of the sum of two hundred fifty dollars ($250.00). C. Contributions by a husband and wife shall be treated as separate contributions and shall not be aggregated. Contributions by children under eighteen (18) years of age shall be treated as contributions attributed equally to each parent or guardian. 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 0 05-1247 1 • • • 1 2 3 4 5 6 7 8 9 10 11 IPM 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 8th of March 2005 by the following vote: AYES: Edgerton, Keegan, Tucker, Yoon, Mayor Reviczky NOES: None ABSENT- None ABSTAIN: None PRESID ATTEST - City Clerk the City CounciKaWMAYOR of the City of Hermosa Beach, California 2 05-1247 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. 04-1247 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 March 2005, and said ordinance was published in the Easy Reader newspaper on March 17, 2005. The vote was as follows: • AYES: Edgerton, Keegan, Tucker, Yoon, Mayor Reviczky NOES: None ABSENT- None ABSTAIN: None DATED: March 22, 2005 1 City Clerk LJ 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: March 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, Th- 17th dau of Maroh 9004 Proof of Publication of: CITY OF HERMOSA BEACH Ordinance #05-1247 HC05-006 r�..Moo CITY OF HERMOSA BEACH ORDINANCE NO. 05-1247 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE CAM- PAIGN CONTRIBUTION PROVISIONS AND AMEND- ING THE HERMOSA BEACH MUNICIPAL CODE The City Council of the City of Hermosa Beach does ordain as follows: SECTION 1. Section 2.08.020 of Title 2, Chapter 2.08 of the Hermosa Beach Municipal Code is amended to read as follows: 2.08.020 Campaign con- tribution limitations. A. No person shall make a contribution to any candidate for city elective office or to any such candidate's committee, nor shall any candidate for city elective office or his or her committee accept, any contri- bution in aid of the election of a candidate to a city elective office which will cause the total given by such person with respect to a single election to exceed the sum of two hun- dred fifty dollars ($250.00). This section shall not apply to amounts given by a candidate to his or her own campaign. B. No person shall make to any independent committee that expressly advocates sup- port of or opposition to any candidate or candidates for city elective office, nor shall any independent committee that expressly advocates sup- port of or opposition to any candidate or candidates for city elective office accept, any contribution in connection with a single election in excess of the sum of two hundred fifty 'dollars ($250.00). C. Contributions by a hus- band and wife shall be treated as separate contributions and shall not be aggregated. Contributions by children under eighteen (18) years of age shall be treated as contri- butions attributed equally to each parent or guardian. 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 (1 5) 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 4. 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 this 8th of March 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 Doerflin City Clerk APPROVED AS TO FORM: Michael Jenkins City Attorney ER/March 17, 2005lHC05- 006 A9 MAR 21 Z005 01Tf GtE1M(Q��N W I • 2 3 4 5 6 7 8 9 10 11 12 13 14 • 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 ORDINANCE NO. 05-1248 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE, SECTION 17.50.010, TO ALLOW NON-COMMERCIAL SPEECH ON COMMERCIAL SIGNS The City Council of the City of Hermosa Beach does ordain as follows: SECTION 1. The Planning Commission held a duly noticed public hearing on March 15, 2005, to consider amending the Zoning Ordinance, Chapter 17.50, to allow sign owners to substitute non-commercial sign speech on commercial signs and recommended that said section be amended. SECTION 2. The City Council held a duly noticed public hearing on April 26, 2005, to consider the recommendation of the Planning Commission to amend the Zoning Ordinance, Chapter 17.50, to allow sign owners to substitute non-commercial sign speech on commercial signs. SECTION 3. Based on the evidence considered at the public hearing and the record of the Planning Commission, the City Council makes the following findings: The Zoning Ordinance, Chapter 17.50, Signs, currently is not consistent with case law regarding non-commercial speech as it favors commercial speech. SECTION 4. Based on the foregoing, the City Council hereby ordains that the Hermosa Beach Municipal Code, Title 17 -Zoning, Chapter 17.50 be amended as follows: Amend Section 17.50.010 by adding sub -section D as follows: "D. Notwithstanding any other provision of this Code, any noncommercial copy may be substituted for any commercial copy on any sign permitted by this Code. If noncommercial sign copy is substituted, the resulting sign will continue to be treated as the original commercial sign under this Code and will not be deemed or treated as on off -premises sign. The content of any noncommercial copy on any sign otherwise permitted by this Code may be changed without complying with any provisions of this Code normally required for sign copy or design approval." 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 U 05-1248 I • 2 3 4 5 6 7 8 9 10 11 12 13 14 • 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 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 10th day of May 2005 by the following vote: AYES: Edgerton, Keegan, Tucker, Yoon, Mayor Reviczky NOES: None ABSENT- None ABSTAIN: None PRESID ATTEST - City Clerk the City CounciIA6,A AYOR of the City of Hermosa Beach, California 2 VED AS City Attorney RM: 05-1748 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. 04-1248 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 May 2005, and said ordinance was published in the Easy Reader newspaper on May 19, 2005. The vote was as follows: isAYES: Edgerton, Keegan, Tucker, Yoon, Mayor Reviczky NOES: None ABSENT- None ABSTAIN: None DATED: May 24, 2005 City Clerk 0 BPI • 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: May 19 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 19`h day of May 2005 3 Beverly !v1ors`1,,inCikNrt1erk Proof of Publication of - CITY OF HERMOSA BEACH Ordinance 05-1248 Signs HC05-010 r�..Moo City of Hermosa Beach ORDINANCE NO. 05-1248 AN. ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDNANCE, SECTION 17.50.010, TO ALLOW NONCOMMERCIAL SPEECH ON COMMERCIAL SIGNS Amend Section 17.50.010 by adding sub -section D as follows: "D. Notwithstanding any other provision of this Code, any non- commercial copy may be substi- tuted for any commercial copy on any sign permitted by this Code. If noncommercial sign copy is substituted, the resulting sign will continue to be treated as the original commercial sign under' this Code and will not be deemed or treated as on off - premises sign. The content of any noncommercial copy on any sign otherwise permitted by this Code may be changed without complying with any provisions of this Code normally required for sign copy or design approval" SECTION 5. This ordinance shall become effective and be in full force and e*t from and atter thirty (30) days of its final passa a and adoption. E TI N Prior to the expi- The City Council of the City of ration of fifteen (15) days after Hermosa Beach does ordain the date of its adoption, the City as follows: SECTION 1. The Planning Clerk shall cause this ordinance to be published in the Easy 'Commission heli a duly noticed Reader, a weekly newspaper of public hearing on March 15, general circulation published 2005, to consider amending the and circulated, in the City of Zoning Ordinance, Chapter 17.50, to allow sign owners to Hermosa Beach in the manner provided by law. substitute non-commercial sign speech on commercial signs and SECTION 7. The City Clerk shall certify to the passage and recommended that said section adoption of this ordinance, shall be amended. SECTION 2. The City enter the same in the book of original ordinances of said city, Council held a duly noticed pub- and shall make minutes of the lic hearing on April 26, 2005, to consider the recommendation of passage and'adoption thereof in the records of the proceedings of the Planning Commission to the City Council at which the' amend the Zoning Ordinance, Ilw sin same is passed and adopted. Chapter 17.50, to a o g owners to substitute non-com- mercial sign speech on commer- cial signs. SECTION Based on the evidence considered at the pub- lic hearing and the record of the Planning Commission, the City Council makes the following find - he Zoning Ordinance, Chapter 17.50, Signs, currently is not consistent with case law regarding non-commercial speech as it favors commercial speech. SECTION 4. Based on the foregoing, the City Council here- by ordains that the Hermosa Beach Municipal Code, Title 17 - Zoning, Chapter 17.50 be amended as follows: PASSED, APPROVED and ADOPTED this 10th day of May 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 ER May 19, 2005IHC05.010 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 & 28 ORDINANCE NO. 05-1249 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA RELATING TO SALE OF FOOD AND BEVERAGES ON THE BEACH AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE. The City Council of the City of Hermosa Beach does ordain as follows: SECTION 1. Section 12.20.300 of Title 12, Chapter 20 of the Hermosa Beach Municipal Code is hereby amended to read as follows: A. Except as provided in paragraph D below, no person shall solicit, peddle, offer for sale or conduct or consummate the sale of any commodity, merchandise, wares, product or service on the beach or the strand. B. Except as provided in paragraph D below, no person shall sell or offer for sale any foods, refreshments or beverages on the beach or the strand. C. No person shall distribute any handbills, advertising matter or literature on the beach or the strand unless such material is personally delivered to persons who indicate a willingness to accept the same in hand. D. The prohibitions contained in this Section shall not apply to the sale of food and non- alcoholic beverages on the beach allowed pursuant to a special event permit in connection with events located on the beach and as to which the City Council determines that food and beverage sales are necessary and convenient to accommodate persons in attendance. 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 a 05-1249 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 0 28 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 May 2005 by the following vote: AYES: Edgerton, Keegan, Tucker, Yoon, Mayor Reviczky NOES: None ABSENT- None ABSTAIN: None PRESIDENT of the (0tv Council ATTEST - Ci y erk YOR of the City of Hermosa Beach, California 2 05-1249 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. 05-1249 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 May 2005, and said ordinance was published in the Easy Reader newspaper on June 2, 2005. The vote was as follows: AYES: Edgerton, Keegan, Tucker, Yoon, Mayor Reviczky NOES: None ABSENT- None ABSTAIN: None DATED: June 14, 2005 City Clerk • 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 Ph: 310 372-4611 Fax: 310 318-6292 Ordinance — 05-1249 — Food, Beverages easyreader@easyreader.info HC05-015 PROOF OF PUBLICATION (2015.5C.C.P.)'; STATE OF CALIFORNIA, City of Hermosa Beach County of Los Angeles, ORDINANCE NO. 05-1249 I am a citizen of the United States and a resident of the CI ORDINANCE of THE CITORDINANCE OF HERMOSA. County aforesaid: I am over the age of eighteen years and BEACH, CALIFORNIA RELATINGTOTHESALEOF not a party to or interested in the above -entitled matter. I FOOD AND BEVERAGES am the principal clerk of the printer of the BEACH ON THE BEACH AND AMENDINGTHE HERMOSA PEOPLE'S EASY READER-REDONDO BEACH BEACH MUNICIPAL 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, Count of Los Angeles, and which Y g � sECT12. 1. Section 12.20.300 of Title 12, � r newspaper has been adjudged a newspaper of general r the Easy. Reader, a weekly circulation by the Superior Court of the County of Los Beach Municf Municipal Codes newspaper of general circula- Angeles, State of California, under the date of October 24, hereby amended to read as follows: tion published and circulated, in the City of Hermosa Beach in the by law. 1972, Case Number SWC 22940 and October 3, 1989, A. Except as provided in manner provided SECTION 4. The City Clerk Case Number SWC 108772, and that the notice, of which paragraph D below, no person shall solicit, peddle, offer for shall certify to the passage the annexed is a printed copy (set in type not smaller that sale or conduct or consum- mate the sale of any commod- and adoption of nance, shall enter ththis ordi- e same in on il hh ld i nare,has been published in each regular anentre p ) p g iry, merchandise, wares, prod- uct or service on the beach or the book of original ordi-.I nances of said city, and shall issue of said newspaper and not in any supplement thereof the strand. make minutes of the passage and adoption thereof in the on the following dates, to -wit: B. Except as provided in paragraph D below, no person records of the proceedings of shall sell or offer for sale any foods, refreshments or bever- the City Council at which the same is passed and adopted. ages on the beach or the June 2 strand. person shall distrib- PASSED, APPROVED and ADOPTED this 24th of May ute any handbills, advertising matter or literature on the 2005 by the following vote: ALL 1N THE YEAR 2005 beach, or the -strand unless such material is personally AYES: Edgerton,. Keegan, delivered to persons who indi- Tucker, Yodn, Mayor Reviczky cate a willingness to accept the same in hand. NOES: None I certify (or declare) under penalty of perjury that D. The prohibitions con- tained in this Section shall not ABSENT: None ABSTAIN: None the foregoing is true and correct. apply to the sale of food and non-alcoholic beverages on the beach allowed pursuant to J. R. Reviczky the City a special event permit in con- PRESIDENT of Council and MAYOR of the Signed at HERMOSA BEACH CALIFORNIA nection with events located on the beach and as to which the .City of Hermosa Beach, City Council determines that California food and beverage sales are This 2"d da of June 2005 necessary and convenient to accommodate persons in ATTEST: T: attendance. SECTION 2. This ordi Elaine Doerfling _ City Clerk nance shall become effective and be in full force and effect APPROVED AS TO FORM: I from and after thirty (30) days6, of its final passage and adop- Michael Jenkins tion. Ci Attorney City Morse, Jcipal C r 3. Prior to the expiration fifteen ( days I after the date of its adoption, ER June 2, 2005/ I the City Clerk shall cause this HC05-015 I a ordinance to be published in.