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HomeMy WebLinkAboutBOOK 19 ORD-94-1120 TO ORD-99-1189 (DATED 11-08-1994 TO 02-04-1999)I* III ORDINANCE 94-1120 • 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 is 24 25 26 .� 27 �4 AN ORDINANCE OF THE CITY OF HERMOSA BEACH CALIFORNIA, TO AMEND SECTION 1157(C) IN REGARD TO SETBACK REQUIREMENTS FOR PARKING GARAGES AND PARKING STALLS TO MEASURE SAID SETBACK FROM THE EDGE OF THE NEAREST PUBLIC SIDEWALK OR STREET IMPROVEMENT RATHER THAN THE PROPERTY LINE AND ADOPTION OF A NEGATIVE DECLARATION WHEREAS, the City Council held a public hearing on October 11, 1994 and October 25, 1994 to consider oral and written testimony and made the following Findings: A. The purpose of the 17 -foot parking setback requirement is that adequate length is provided for guest parking behind a garage without encroaching over the public sidewalk; B. These benefits would still be provided by measuring the setback from the edge of the sidewalk or nearest street improvement; C. Measuring from the edge of sidewalk or nearest street improvement would give property owners more flexibility in developing their property, and is a logical use of the extra right-of-way width available on some streets within the city; D. An initial study has been prepared by the Staff Environmental Review Committee and it was determined that the proposed amendment would result in a less than significant impact on the environment; NOW, THEREFORE, the City Council of the City of Hermosa Beach does hereby ordain that the zoning ordinance text be amended as follows: SECTION 1. Amend Section 1157(C), paragraph 1, to read as follows (underlined text to be added overstrike text to be deleted): "In residential zones, garages or parking stalls fronting on a public street shall be set back a minimum of seventeen (17) feet from the eine exterior edge of the nearest public improvement (sidewalk or street improvements if roll -up garage doors are installed, or set back twenty (20) feet if standard garage doors are installed. On streets where • • • • 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 29 public improvements for sidewalks have not been completed, the above setback shall be measured from the edge of the required or planned sidewalk" SECTION 3. This ordinance shall become effective and in 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 passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. K/PCRSI7.DOC PASSED, APPROVED, and ADOPTED this 8th day of november, 1994, by the following vote: AYES: Oakes, Revi,czky, Mayor Pro Tempore Bowler NOES: 'E'd gerton ABSTAIN: o_ e AB SENT M o B n P ENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST CITY CLERK APPROVED AS TO FORM: MOAL J CITY ATTORNEY 2 ACTIVITY IDENTIFICATION Location Address: C i t Legal. N/A Description t amendment to the zoning ordinance in regards to the 17 foot garage setback. Sponsor a. Name: Citv of Hermosa Beach b. Mailing Address: 1315 Valley Drive, Hermosa Beach, CA 90254 Phone: ( 310) 318-0242 NEGATIVE DECLARATION In accordance with Resolution 89-5229 of the City of Hermosa Beach, which implements the California Environmental Quality Act of 1970 in Hermosa Beach, the Environmental Review Committee must make an environmental review of all private projects proposed to be undertaken within the City, and the Planning Commission must make an environmental review of all public projects proposed to be undertaken within the City, which are subject to the Environmental Quality Act. This declaration is documentation of the review and, if it becomes final, no comprehensive Environmental Impact 4' ort is required for this project. FINDING OF ENVIRONMENTAL REVIEW COMMITTEE We have undertaken and completed an Environmental Impact Review of this proposed project in accordance with Resolution 89-5229 of the City Council of Hermosa Beach, and find that this project does not require a comprehensive Environmental Impact Report because,- g-,Mjast, it would not have a significant effect on the environment. Documentation supporting this finding is on file in the Planning Department. Z- `1 `4 Date of Finding Environmental 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,- , it would not have a significant effect on the environment. Documpntatjgn supporting this finding is on file in the Planning Department. --I k U--- 1815ate of Finding VIC,6—Chairman, Planning Commission FINDING OF THE CITY COUNCIL lee 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 fi at this project does not require a comprehensive Environmental Impact Report because, , it would not have a significant effect on the environment. Documentaofi 5dppXins g is onint e Planning Department. 9 Date of Finding , Hermosa B 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. 94-1120 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 November, 1994, and was published in the Easy Reader on November 17, 1994 • AYES: NOES: • 0 The vote was as follows: ABSENT ABSTAIN: DATED Oakes Reviczky, Mayor Pro Tempore Bowler Edgerton Mayor Benz None November 17, 1994 City Cler • PROOF OF PUBLICATION (2015.5 C.C.P.) OSTATE 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 news- paper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of September 21, 1972, Case Number SWC 22940, that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular 0 nd entire issue of said newspaper and not in any .'upplement thereof on the following dates, to -wit November 17 all in the year 1994. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, this 17th day of November , 1994. Signatu • EASY READER, INC. P.O. BOX 427 832 HERMOSA AVENUE, HERMOSA BEACH, CA 90254 Telephone: (310) 372-4,611 Proof of Publication of: CITY OF HERMOSA BEACH LEGAL NOTICE ER Ref No. HBL-639 CITY OF HERMOSA BEACH ORDINANCE NO. 94-1120 AN ORDINANCE OF THE CITY OF HERMOSA BEACH CALIFOR- NIA, TO AMEND SECTION 1157(C) IN REGARDS TO SETBACK RE- QUIREMENTS FOR PARKING GA- RAGES AN D PARKING STALLS TO MEASURE SAID SETBACK FROM THE EDGE OFTHE NEAREST PUB- LIC SIDEWALK OR STREET IM- PROVEMENT RATHER THAN THE PROPERTY LINE AND ADOPTION OF A NEGATIVE DECLARATION WH EREAS,.Ihe City Council held a public hearing on October 11 and October25,1994 to consider oral and written testimony and made the fol- lowing Findings: A.Thepurposeofthe 17-foolpark- ing setback requirement is that ad- -equate length is provided for guest parking behind a'garage wilhouten- croaching over the public sidewalk; B. These benefits would still be provided by measuring the setback from the edge of the sidewalk or nearest street improvement; C. Measuring from the edge of sidewalk or nearest street improve- ment would give property owners more flexibility in developing their property, and is a logical use of the extra right-of-way width available on some streets within the city; D. An initial sludy.has been pre- pared by the Staff Environmental Review Committee and it was deter- mined that the proposed amendment would result in a less than significant impact on the environment; NOW, THEREFORE, the City Council of the City of Hermosa Beach does hereby ordaind that the zoning ordinance text be amended as fol- lows: SECTION 1. Amend Section 1157(C), paragraph 1, to read as follows (underlined text to be added overstrike text to be deleted): "In residential zones, garages or packing stalls fronting on a public street shall be setback a minimum of seventeen (17) feet from the prepeAy line exterior edge of the nagrest pub- tic improv mPnt (id walk or tr t mprovement) if roll -up garage doors are installed, or set back twenty (20) feet if standard garage doors are installed. On streets where public improv m for fdewalk hav .nm been comp) ted. lh abov . setback hall be measured from the edgeo the repuired or Dlanned sidewalk SECTION . This ordinance shall become effective and in be in full force and effect from and after thirty (30) days of its final passage and adoption. SECTION 4. Prior to the expira- tion of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly news- paperof general circulation published and circulated, in the City of Hermosa Beach, in the manner provided by law. E TI N 5. The City Clerk shall cedify to the passageand 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 November, 1994, by the following vote: YES: Oakes, Reviczky, Mayor Pro Tempore Bowler NOES: Edgerton ABSTAIN: None ABSENT: Mayor Benz John Bowler PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: Elaine Doerflinn CITY CLERK APPROVED AS TO FORM:. Charles S. Vose CITY ATTORNEY ER11-17-94/1-1131-639 • 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 29 ORDINANCE 94-1121 AN ORDINANCE OF THE CITY OF HERMOSA BEACH CALIFORNIA, TO AMEND THE ZONING ORDINANCE, SECTION 208, IN REGARDS TO DEFINITIONS AND METHODS FOR DETERMINING BUILDING HEIGHT AND GRADE AND THE ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION WHEREAS, the City Council held a public hearing on October 11, October 25, and November 8, 1994 to consider oral and written testimony and made the following Findings: A. Definitions of building height and the grade used to determine the building height need clarification so that the method applied to determine building height is better understood and consistently applied; B. An initial study has been prepared by the Staff Environmental Review Committee and it was determined that the proposed amendment would result in a less than significant impact on the environment; NOW, THEREFORE, the City Council of the City of Hermosa Beach does hereby ordained that the zoning ordinance text be amended as follows: SECTION 1. Amend Section 208, Definitions, to read as follows: "Sec. 208 Building Height "Building Height" means a vertical distance measured from grade, as determined as described herein, to the corresponding uppermost point of the roof, as shown in the examples below. "Grade" is determined based on existing corner point elevations, taking into consideration significant variations in the slope along property lines. For mal lots with ex4mfne convex contours (where the ground level arches ppward along a prope , line) the "grade" of a lot may shall be based on a detailed topographical survey along the property line with spot elevations called out at a minimum of two (2) foot intervals. In -those eases, the fine A-*--:--*: shall be fnade by the Planning Go m}issien—' 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 29 (Graphic Examples attached on separate page) SEMON 2. This ordinance shall become effective and in be in full force and effect from and after thirty (30) days of its final passage and adoption. SECITON 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. SECITON 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 22iJ. day ofNovember, 1994, by the following vote: AYES: NOES: ABSTAIN: ABSENT: //21/ in PRESIDENT of the City Council and MAY R of the City of Hermosa Beach, California ATTEST - APPROVED AS TO FORM: ac� I. y4w CITY ATTORNEY 2 • 0 • ILJ • PROPOSED BUILDING HEIGHT ENVELOPE' 2 3 2 OR UNIFORMLY SLOPING LOT 2 UNEVEN/CONVEX OR VARIABLY SLOPING LOT NOTES: 1. MAXIMUM BUILDING HEIGHT HIGHEST POINT ON BUILDING RIDGE OR ROOF 2. GRADE BASED UPON EXISTING CORNER POINT ELEVATIONS 3. GRADE BASED ON MULTIPLE SPOT ELEVATIONS 3 3 CITY OF HERMOSA BEACH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION Location a. Address: City wide &. Legal: Description N/A ACTIVITY IDENTIFICATION Special study and text amendment to add a definition and method of determi- nation for grade for the purpose of measuring building height. Sponsor a. Name: City of Hermosa Beach b. Mailing Address: 1315 Valley Drive, Hermosa Beach, CA 90254 Phone: ( 310) 318-0242 NEGATIVE DECLARATION In accordance with Resolution 89-5229 of the City of Hermosa Beach, which implements the California Environmental Quality Act of 1970 in Hermosa Beach, the Environmental Review Committee must make an environmental review of all private projects proposed to be undertaken within the City, and the Planning Commission must make an environmental review of all public projects proposed to be undertaken within the City, which are subject to the Environmental Quality Act. This declaration is documentation of the review and, if it becomes final, no comprehensive Environmental Impact Report is required for this project. FINDING OF ENVIRONMENTAL REVIEW COMMITTEE We have undertaken and completed an Environmental Impact Review of this proposed project in accordance with Resolution 89-5229 of the City Council of Hermosa Beach, and find that this project does not require a comprehensive Environmental Impact Report because, grew-taialudacl in the pfej t, it would not have a significant effect on the environment. Documentation supporting is th finding is on file in the Planning Department. / 11-4-93 Date of Finding Environmental 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 attae ed mitigation are inehi.10.7 it would not have a significant effe t on e environment. Documentation supporting this finding is on file in the Planning Department. Date of Finding Y tez �h firman, Planning Commission • FINDING OF THE CITY COUNCIL We have undertaken and completed an Environme pact Review of this proposed project in accordance with Resolution 89-5229 of the City Council of ermo ch, and find that this project does not require a comprehensive Environmental Impact Report b ca e l Report it would not have a significa t eff7 environment. Documentation supporting this finding is on file in the Planning Department. j Date of Finding Ma�Hermosch City Council 0 STATE OF CALIFORNIA • COUNTY OF LOS ANGELES CITY OF HERMOSA BEACH I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do hereby certify that the foregoing Ordinance No. 94-1121 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 November, 1994, and was published in the Easy Reader on December 1, 1994 • The vote was as follows: AYES: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES: None ABSENT- None ABSTAIN: None DATED: December 5, 1994 is PROOF OF PUBLICATION (2015.5 C.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 news- paper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of September 21, 1972, Case Number S WC 22940, that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular ard entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit December 1 all in the year 1994. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, this 1st day of December , 1994. ign e 1 EASY READER, INC. • P.O. BOX 427 832 HERMOSA AVENUE, HERMOSA BEACH, CA 90254. Telephone: (310) 372-4611 a 994 s � Proof of Publication of - CITY OF HERMOSA BEACH LEGAL NOTICE ER Ref No HBL641 CITY OF'HERMOSA BEACH ORDINANCE NO. 94-1121 AN ORDINANCE OF THE CITY OF HERMOSA BEACH CALIFORNIA, TO AMEND THE ZONING ORDINANCE, SECTION 208, IN REGARD TO DEFINITIONS AND METHODS FOR DETERMINING BUILDING HEIGHT AND GRADE AND THE ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION WHEREAS, the City Council held a public hearing on October 11, Octo- ber 25; and November 8, 1994 to consider oral and written testimony and made the following Findings: A. Definitions of building height and the grade used to determine the 'building height need clarification so that the method applied to determine building height is better understood and consistently applied; B.An initial study has been pre- pared by the Staff Environmental Review Committee and it was deter- mined that the proposed amendment would result in a less than significant impact on the environment; NOW, THEREFORE, the City Council of the City of Hermosa Beach does hereby ordain that the zoning ordinance text be amended as.fol- lows: SECTION 1. Amend Section 208, Definitions, to read as follows: "Sec. 208 Building Height "Building Height" means a verti- cal distance measured from grade, as determined as despribed herein, to thecorresponding uppermost point ..of the root, as shown in the examples below. "Grade" is determined based on existing corner point elevations, tak- i ng into consideration sign ificant va6a- tions in the slope along property lines. For uneset+ern a! lots with exe convex contours (where the ground levet arches uRward alona a orooertv ft the "grade" of a lot may shall be based on a detailed topographical survey along the property. IinG'with spot elevations called out at a mini - ;.mum of two (2) foot intervals. tnthese i -eases, the final deleiminatien el@Fade shyI be made by ithe Planning Gem (Graphic Examples attached on separate page available in the Of- fice of the City Clerk or in the Plan- ning Division of the Community Development Department) §ECTION 2. This ordinance shall become effective and in be in full force and effect from and after thirty (30) days of its final passage and adoption. SECTION 3. Prior to the expira- tion of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly news paperof 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 22th day of November, 1994, by the following vote: VOTE:AYES: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NO,ES:None. ABSTAIN: None ABSENT: None Robet Benz PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: Elaine Doerfiino CIN CLERK APPROVED AS TO FORM: Charles S. Vcrse`- CITY ATTORNEY ER12-1-94/HBL641 • 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 94-1122 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA ACCEPTING THE PENAL REQUIREMENTS RELATING TO THE SELECTION AND TRAINING STANDARDS OF PUBLIC SAFETY DISPATCHERS WHEREAS, Penal Code Section 13510 has been amended to require the Commission on Peace Officer Standards and Training (POST) to establish minimum selection and training standards for local public safety dispatchers, and WHEREAS, The Commission adopted these standards as part of a voluntary Public Safety Dispatcher Program and these standards became law effective January 1, 1989, and WHEREAS, All local agencies that are now in the POST peace officer program are eligible to participate in the Public Safety Dispatcher Program and will be reimbursed for certain dispatcher training costs only if they participate in the dispatcher program. NOW, THEREFORE, the City Council of the City of Hermosa Beach, California, does hereby ordain the following: SECTION 1. The City of Hermosa Beach, California declares that it desires to qualify to receive aid from the State of California under the provisions of Section 13522, Chapter 1, of Title 4, Part 4, of the California Penal Code. SECTION 2. Pursuant to Section 13510(c), Chapter 1, the Hermosa Beach Police Department will adhere to standards for recruitment and training established by the California Commission on Peace Officer Standards and Training (POST). SECTION 3. Pursuant to Section 13512, Chapter 1, the Commission and its representatives may make such inquiries as deemed appropriate by the Commission to ascertain that the Hermosa Beach Police Department public safety dispatcher personnel adhere to standards for selection and training established by the Commission on 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 Peace Officer Standards and Training. SECTION 4. This ordinance shall become effective and be in full force and effect from and after thirty (30) days of its final passage and adoption. SECTION 5. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of general circulation published and circulated in the City of Hermosa Beach, in the manner provided by law. SECTION 6. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adapted. PASSED, APPR9Vt'p, and ADOPTED this 13th day of December, 1994. PRESIDEIQT of the 0 Hermosa Beach, California ATTEST - b CITY CLERK and MAYOR of the City of -2- 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. 94-1122 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 December, 1994, and was published in the Easy Reader newspaper on December 22, 1994. • The vote was as follows: AYES: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES: None ABSENT- None ABSTAIN: None DATED: December 22, 1994 • dun&�), Deputy City Clerk n U 0 PROOF OF PUBLICATION (2015.5 C.C.P.) 4TATE 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 news- paper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of September 21, 1972, Case Number SWC 22940, that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular Mpd entire issue of said newspaper and not in any upplement thereof on the following dates, to -wit: December 22 all in the year 1994. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, this 22nd day of December , 1994. Signature I I a • 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 LEGAL NOTICE ER Ref No. HBL-643 Mw r o r CITY OF HERMOSA BEACH ORDINANCE NO 94.1122 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA ACCEPTING THE PENAL REQUIREMENTS RELATING TO THE SELECTION AND TRAINING STANDARDS OF PUBLIC SAFETY DISPATCHERS WHEREAS, Penal Code Section 13510 has been amended to require the Commission on Peace Officer Standards and Training (POST) to establish minimum selection and training standards for local public safety dispatchers, and WHEREAS, The Commission adopted these standards as pari of a voluntaryPublic Safety Dispatcher Program and these standards be- came law effective January 1, 1989, and WHEREAS, All local agencies that are now in the POST peace officer program are eligible to partici- pate in the Public Safety Dispatcher Program and will be reimbursed for certain dispatcher training costs only if they participate in the dispatcher program. NOW, THEREFORE, the City Council of the City of Hermosa Beach, California, does hereby ordain the following: SECTION 1. The City of Hermosa Beach, California declares that it de- sires to qualify to receive aid from the State of California under the provi- sionsof Section 13522, Chapter 1, of Title 4, Part4, of the California Penal Code. SECTION 2 Pursuant to Section 13510(c), Chapter 1. the Hermosa Beach Police Deoartment will adhere to standards forrecruitment and train- ing established by the CalifomiaCom- mission on Peace Officer Standards and Training (POST). SECTION 3. Pursuant to Section 13512, Chapter 1, the Commission and its representatives may make such inquiries as deemed appropri- ate by the Commission to ascertain that the Hermosa Beach Police De- partment public safety dispatcher personnel adhere to standards for selection and training established by the Commission on Peace Officer Standards and Training. 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 adop- tion. SECTION . Prior to the expira- tion of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly news- paperof general circulation published and circulated in the City of Hermosa Beach, in the manner provided by law. SECTION 5. The City Clerk shall ceriiy 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 adapted. PASSED, APPROVED, and ADOPTED this 13th day of Decem- ber, 1994 by the following vote: AYES: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES: None ABSTAIN: None ABSENT: None Rcbert Benz PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: CITY CLERK APPROVED AS TO FORM: _Qharles S. Vose CITY ATTORNEY ER12-22-94/HBL643 • LJ • 1 2 3 4 511 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ORDINANCE NO. 95-1123 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND SECTION 1501(2) AND (3), INITIATION OF AMENDMENT, TO ELIMINATE THE REQUIREMENT OF ADOPTION OF A RESOLUTION OF INTENT TO AMEND THE ZONING ORDINANCE, AND/OR MAP. WHEREAS, the City Council held a public hearing on December 13, 1994, and considered oral and written testimony and made the following findings: A. The State does not require a resolution of intent; B. Adequate public notice through dialogue, minutes, and agendizing of issues before the Planning Commission and City Council are adequate preliminary public notice of pending amendments to the zoning ordinance or map; C. Public notice prior to any public hearing to amend the ordinance, or map will remain status quo. NOW, THEREFORE, the City Council of the City of Hermosa Beach, California, does hereby ordain that the zoning ordinance text be amended as follows: SECTION 1. Amend Section 1501(2) and 1501(3), Initiation of Amendments to read as follows: "(2) Direction by the City Council" "(3) Direction by the Planning Commission" SECTION 2. Amend Section 1503 to read as follows: "Upon filing of a verified application for an amendment, or the adoption of resolution of intention direction by the Planning Commission or the City Council, the Planning Commission shall hold one public hearing thereon, and notice of such hearing shall be given as provided in Article 16 of this ordinance." SECTION 3. Amend Section 1504 to read as follows: "The hearing for an amendment to the land -use plan hereby established shall be held not later than forty days following the filing of an application for such 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 29 amendment or the passage of ., Fesellution of intent direction by the Planning Commission or the City Council." SECTION 4. This ordinance shall become effective and in be in full force and effect from and after thirty (30) days of its final passage and adoption. SECTION 5. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of general circulation published and circulated, in the City of Hermosa Beach, in the manner provided by law. SECTION 6. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED, and ADOPTED this 10th day of January, 1995, by the following vote: AYES: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES: ABSTAIN: None None ABSENT: None / PRESIDENT of the California MAYOR of the City of Hermosa Beach, ATTEST: CITY CLERK P OVED 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. 94-1123 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 day of January, 1995, and was published in the Easy Reader newspaper on January 19, 1995. • The vote was as follows: AYES: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES: None ABSENT- None ABSTAIN: None DATED: January 25, 1995 �1 Deputy City Clerk 0 0 • PROOF OF PUBLICATION (2015.5 C.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-entided matter. I am the principal cleric 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 news- paper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of September 21, 1972, Case Number SWC 22940, that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: January 19 all in the year 1995 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, this 19th day of January Signa 11-r 1 1995. 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 LEGAL NOTICE ER Ref No. HBL-644 o k e a o i CITY OF HERMOSA BEACH ORDINANCE NO. 951123 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND SECTION 1501(2) AND (3), INITIATION OF AMENDMENT; TO ELIMINATE THE REQUIREMENT OF ADOPTION OF A RESOLUTION OF INTENT TO AMEND THE ZONING ORDINANCE, AND/OR MAP. WHEREAS, the City Council held a public hearing on December 13, 1994, and considered oral and writ- ten testimonyand made the following findings: A. The State does not require a resolution of intent; B. Adequate public notice through dialogue, minutes, and agendizing of issues before the Planning Commis- sion and City Council are adequate preliminary public notice of pending amendmentstothe zoning ordinance or map; C. Public notice prior t0 any public hearing to amend the ordinance, or map will remain status quo. NOW, THEREFORE, the City Council of the City of Hermosa Beach, California, does hereby ordain that thezoning ordinancetext tie amended as follows: SECTION 1. Amend Section 1501(2) and 1501(3), Initiation of Amendments to read as follows: "(2) Direction by the City Council" "(3) Direction by the Planning Commission" SECTION 2. Amend Section 1503 to read as follows: "Upon filing of a verified applica- tion for an amendment, or the adop- tion of a resolution of intention direc- tion by the Planning Commission or the City Council, the Planning Com- mission shall hold one public hearing thereon, and notice of such hearing shall be given as provided in Article 16 of this ordinance.' SECTION 3. Amend Section 1504 to read as follows: 'Thehearingforan amendmentio the land -use plan hereby established shall be held not later than forty days following the filing of an application for such amendment or the passage of a resolution of intention direction by the Planning Commission or the City Council' 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 adop- tion. SECTION 5. Prior to the expira- tion of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly news- paper of general circulation published and circulated, in the City of Hermosa Beach, in the manner provided by law. SECTION 6. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED, and ADOPTED this 10th day of January, 1995, by the following vote: AYES: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES: None ABSTAIN: None ABSENT.: None Robert Benz PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: Elaine Doerfling CITY CLERK APPROVED AS TO FORM: Charles S. Vose. CIN ATTORNEY ERI-19-95/HBL644 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 29 ORDINANCE NO. 95-1124 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND PORTIONS OF ARTICLE 13 OF THE ZONING ORDINANCE TEXT, IN REGARD TO NONCONFORMING USES AND BUILDINGS, FOR THE PURPOSE OF CLARIFICATION WHEREAS, the City Council held a public hearings on April 12, April 26, May 10, August 9, and December 13, 1994 to consider the recommendations and comments of the Planning Commission to amend portions of Article 13 and to receive oral and written testimony and made the following Findings: A. Rules regarding the allowable remodeling and expansions to nonconforming uses and buildings need clarification and simplification to be better understood and universally applied and to minimize ambiguity and confusion; B. The same rules and regulations should apply to all nonconforming uses and buildings whether residential, commercial, or industrial; C. The proposed amendments are exempt from the requirements of the California Environmental Quality Act pursuant to Section 15061(b)(3) of the State CEQA Guidelines, because the proposed amendments are for clarification purposes only and there is no possibility they may have a significant effect on the environment. NOW, THEREFORE, the City Council of the City of Hermosa Beach, California, hereby ordains that the zoning ordinance text be amended as follows: SECTION 1. Amend Article 13, through Section 13-4 to read as follows: "Section 13-0. General Goals • The goals of the City Council related to the nonconformity that exists throughout the city as a result of zone changes and ordinance amendments is as follows: • To allow buildings, whether they are occupied by a nonconforming use or nonconforming to zoning standards, to remain and be maintained, and to allow some 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 29 limited alteration and expansion of said buildings when certain criteria are met. • To encourage restoration and maintenance of historical residential buildings • To encourage the use of the ordinance to meet current and future minimum standards of parking, open space, setbacks, height, etc. • To limit remodeling and expansion of buildings which by current standards are exceptionally undersized, dilapidated, significantly overdense, or do not meet minimal standards for parking and setback. 13-1, Continuance and Maintenance The nonconforming use of a building may be continued, provided any structural alteration or expansion shall comply with Section 13-2 below. When a use which is nonconforming to the use regulations for the district where it is located is vacated or discontinued for ninety (90) consecutive days or more, the nonconforming use will be deemed abandoned, and any future use of such building shall conform to the provisions of the zone in which it is located. A nonconforming structure may be maintained and the use therein continued, provided any structural alteration or expansion shall comply with Section 13-2 below. Routine maintenance and repairs, enlargement of window and door openings, repairs and/or replacement to plumbing, electrical wiring, and that required by law or similar work as determined by the Community Development Director, shall not be considered structural alterations, and may be performed on a nonconforming structure. 13-2. Expansion, remodeling, and alteration Buildings containing nonconforming uses, and nonconforming buildings are subject to the following standards: A. Buildings containing nonconforming uses 1. Structural Removal allowed: a) Roofs may be removed to add additional stories; b) A maximum of 10% of linear feet of exterior walls and 10% of floor area may be removed; c) Planning Commission approval is required to remove more than specified above. 2 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 29 2. Expansion/Alteration allowed: a) Maximum of 50% of the current replacement cost of the existing building(s) excluding any expansion that has occurred after October 26, 1989 (Replacement cost based on building valuation data provided by the International Conference of Building Officials (ICBG), with remodeling computed at 50% of the value for new construction) b) Expansion not permitted if residential density exceeds 45 units per acre c) Expansion must conform to current codes (except existing nonconforming side yards may be extended if within 10% of current side yard standard) d) For buildings nonconforming to current parking requirements, refer to Section 1162 e) Any garage expansion for parking shall not be included in the allowed expansion B. Nonconforming buildings 1. Structural Removal allowed: a) Roofs may be removed to add additional stories b) Up to 30% of existing linear feet of exterior walls and 30% of floor area c) Planning Commission approval required to remove more than specified above 2. Expansion/Remodel allowed: a) Up to 100% expansion/remodel of the current replacement cost of the existing building(s) excluding any expansion that has occurred after October 26, 1989. Greater than 50% up to 100% requires Planning Commission approval. (Replacement cost based on building valuation data provided by the International Conference of Building Officials (ICBG), with remodeling computed at 50% of the value for new construction). b) Expansion must conform to current codes (except existing nonconforming side yards may be extended if within 10% of current side yard standard) c) Existing nonconforming side yards may be continued and extended subject to Planning Commission approval 3 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 29 d) For buildings nonconforming to current parking requirements, refer to Section 110M e) Any garage expansion for parking shall not be included in the allowed expansion C. Policies, procedures and fees for issuing building permits, and for actions requiring Planning Commission approval subject to this section, shall be established by resolution of the City Council Section 13-3 Nonconforming use limits other uses While a nonconforming use exists on any lot, and it is the only use on the lot. no new use may be established thereon even though such other use would be a conforming use. While a nonconforming use occupies a portion of a lot or building with multiple uses no new use may be established within that portion of the lot or building which the existing nonconforming use occupies." SECTION 2. Delete Section 13-7 SECTION 3. Delete Section 13-8 SECTION 4.. Amend the following definitions in the Definition section of the zoning ordinance to read as follows: Sec. 239. Nonconforming building, or structure. "Nonconforming building" means a building, structure, or portion thereof, which was lawfully erected or altered and maintained, but which no longer conforms to the zoning standards of the zone in which it is located." Sec. 240. Nonconforming use. "Nonconforming use" means a use which was lawfully established and maintained but which, no longer conforms to the use regulations, or the lot area per dwelling unit regulations, of the zone in which it is located." 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 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 29 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 January, 1995, by the following vote: AYES: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES: None ABSTAIN: None ABSENT- None _ PRESIDENT of the City Council and ATTEST �-)CITY CLERK R of the City of Hermosa Beach, California APPROVED AS TO FORM: \1 .� CITY ATTORNEY 5 1� 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. 94-1124 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 day of January, 1995, and was published in the Easy Reader newspaper on January 19, 1995. • The vote was as follows: AYES: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES: None AB SENT - None ABSTAIN: None DATED: January 25, 1995 Deputy City Clerk n U 31 • PROOF OF PUBLICATION (2015.5 C.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 cleric 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 news- paper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of September 21, 1972, Case Number SWC 22940, that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: • January 19 all in the year 1995. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, this 19th day of January 1995. eiet L (7W7�� Signator 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 LEGAL NOTICE ER Ref No HBL-645 (see attached page); • r � o � e 0 o r CITY OF HERMOSA BEACH ORDINANCE NO. 95.11124 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND PORTIONS OF ARTICLE 13 OF THE ZONING ORDINANCE TEXT, IN REGARD TO NONCONFORMING USES AND BUILDINGS, FOR THE PURPOSE OF CLARIFICATION WHEREAS, the City Council held a public hearings on April 12, April 26; May 10, August 9, and December 13, 1994 to consider the recommenda- tions and comments of the Planning Commission to amend portions of Article 13 and to receive oral and written testimony and made the fol- lowing Findings: A. Rules regarding the allowable remodeling and expansions to non- conforming uses and buildings need clarification and simplification to be betterunderstood and universally ap- plied and to minimize ambiguity and contusion; B. The same rules and regula- tions should apply to all nonconform- ing uses and buildings whether resi- dential, commercial, or industrial; C. The proposedamendments are exempt from the requirements of the California Environmental Quality Act pursuant to Section 15061(b)(3) of the State CEQA Guidelines, because the proposed amendments are for clarification purposes only and there is no possibility they may have a significant effect on the environment. NOW, THEREFORE, the City Council of the City of Hermosa Beach, California, hereby ordains that the zoning ordinance text be amended as follows: SECTION 1. Amend Article 13, through Section 13-4 to read as fol- lows: "Sectlon 13.0. General Goals + The goals of the City Council related to the nonconformity that ex- ists throughout the city as a result of zone changes and ordinance amend- ments is as follows: + To allow buildings, whether they are occupied by a nonconforming use or nonconforming to zoning Stan- dards, to remain and be maintained, and to allow some limited alteration and expansion of said buildings when certain criteria are met. + To encourage restoration and maintenance of historical residential buildings 0 + To encourage the use of the ordinance to meet current and future minimum standards of parking, open space, setbacks, height, etc. + To limit remodeling and expan- sion of buildings which by current standards are exceptionally under- sized, dilapidated, significantly over - dense, or do not meet minimal stan- dards for parking and setback. Section 13.1, Continuance and Maintenance The nonconforming use of a build- ing may be continued, provided any structural alteration orexpansion shall comply with Section 13-2 below. When a use which is nonconforming to the use regulations for the district where it is located is vacated or dis- continued for ninety (90) Consecutive days or more, the nonconforming use will be deemed abandoned, and any future use of such building shall con- form to the provisions of the zone in which it is located. A nonconforming structure may be maintained and the use therein continued, provided any structural alteration or expansion shall comply with Section 13-2 below. Routine maintenance and repairs, enlargement of window and door openings, repairs and/or replacement to plumbing, electrical wiring, and that required bylaw or similarwork as determined by the Community De- velopment Director, shall not be con- sidered structural alterations, and may be performed on a nonconform- ing structure. Section 13-2. Expansion, remodel- ing, and alteration Buildings containing nonconform- ing uses, and nonconforming build- ings are subject to the following stan- dards: A. Buildings containing noncon- forming uses 1. Structural Removal allowed: a) Roots may be removed to add additional stories; b) A maximum of 10% of linear feet at exterior walls and 101% of floor area may be removed; c) Planning Commission approval is required to remove more than speci- fied above. 2. Expansion/Alteration allowed: a) Maximum o150%of thecurent replacement cost of the existing building(s) excluding any expansion that has occurred after October 26, 1989 (Replacement cost based on building valuation data provided by the International Conference of Build- ing Officials (ICBO), with remodeling computed at 50%of the value for new construction) b) Expansion not permitted if resi- dential density exceeds 45 units per acre c) Expansion must conform to current codes (except existing non- conforming side yards may be ex- tended if within 10% of current side yard standard) d) For buildings nonconforming to current parking requirements, referto Section 1162 e) Anygarage expansion forpark- ing shall not be included in the al- lowed expansion B. Nonconforming buildings 1. Structural Removal allowed: a) Roofs may be removed to add additional stories b) Up to 30% of existing linear feel of exterior walls and 30% of floor area c) Planning Commission approval required to remove more than speci- fied above 2. Expansion/Remodel allowed: a) Up to 100% expansion/remodel of the current replacement cost of the existing building(s) excluding any ex- pansionthathasoccured afterOcto- ber 26,1989. Greater than 50% up to 100%requires Planning Commission approval. (Replacement cost based on building valuation data provided by the International Conference of Building Officials (ICBO), with remod- eling computed at 50% of the value for new construction). b) Expansion must conform to current codes (except existing non- conforming side yards may be ex- tended if within 10% of current side yard standard) c) Existing nonconforming side yards maybe continued and extended subject to Planning Commission ap- proval d) Far buildings nonconforming to current parking requirements, referto Section 1162 e) Any garage expansion for park- ing shall not be included in the al- lowed expansion C. Policies, procedures and fees for issuing building permits, and for actions requiring Planning Commis- sion approval subject to this section, shall be established by resolution of the City Council Section 13-3 Nonconforming use limits other uses While a -nonconforming use ex- ists on any lot, and it is the only use on the lot. no new use may be estab- lished thereon even though such other use would beaconforming use. While a nonconforming use occupies a por- tion of a lot or building with multiple uses no new use may beestablished within that portion of the lot or building which the existing nonconforming use occupies." SECTION 2. Delete Section 13-7 SECTION 3. Delete Section 13-8 SECTION 4. Amend the following definitions in the Definition section of the zoning ordinance to read as follows: Sec. 239. Nonconforming building, or structure. "Nonconforming building" means a building, structure, or portion thereof, which was lawfully erected or altered and maintained, but which no longer conforms to the zoning standards of the Zane in which it is located' Sec. 240. Nonconforming use. Nonconforming use means a use which was lawfully established and maintained butwhich, no longer con- forms to the use regulations, or the lot area per dwelling unit regulations, of the zone in which it is located." SECTION 5. This ordinance shall become effective and be in full force and effect from and atter thirty (30) days of itsfinal passage and adop- tion. SECTION . 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 cir- culated, in the City of Hermosa Beach, in the manner provided by law. SECTION 7. The City Clerk shall cer- tify 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 January, 1995, by the following vote: AYES: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES: None ABSTAIN: None ABSENT: None Robert Benz PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: Elaine Doerflina CITY CLERK APPROVED AS TO FORM: Michael Jenkins CITY ATTORNEY ERI-19-95/HBL64E �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.95-1125 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE HERMOSA BEACH MUNICIPAL CODE BY ADDING TO CHAPTER 21, OFFENSES -MISCELLANEOUS, A NEW SECTION 21-36, RELATING TO DISPLAY OF BOOKS, MAGAZINES AND OTHER PUBLICATIONS IN LOCATIONS OTHER THAN NEWSRACKS WHEREAS, the City Council of the City of Hermosa Beach desires to adopt an ordinance regulating the display of books, magazines and other publications in locations other than newsracks; and, WHEREAS, the City Council finds it in the best interest of the public safety, health, and welfare of the City to regulate the display of harmful matter which might be viewed by minors; and, WHEREAS, the City Council desires to have clear and unambiguous regulations regarding these activities, and therefore sets forth the following regulations; and, WHEREAS, California Penal Code Section 313.1(d) regarding distribution or exhibition of harmful matter to minor allows the city to adopt an ordinance which restricts the display of material which is harmful to minors, in a public place other than a public place from which minors are excluded, by requiring the placement of devices commonly known as blinder racks in front of the material, so that the lower two-thirds of the material is not exposed to view. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES ORDAIN AS FOLLOWS: SECTION 1. Application Chapter 21 of the Hermosa Beach Municipal Code, Offenses -Miscellaneous 1s hereby amended by adding the following new section: 4- 2 3 4 5 6 7 8 9 10 M • 13 14 15 16 17 18 19 20 21 22 23 24 25 • 26 27 28 "Section 21-36. Display of Books, Magazines and other Publications in Locations Other Than Newsracks. (a) Definitions. For the purpose of this section, the following words and phrases shall have the meanings as ascribed to them by this section: (1) "Matter" means any book, magazine, newspaper, video recording, or other printed or written material or any picture, drawing, photograph, motion picture, or other pictorial representation or any statue or other figure, or any recording, transcription, or mechanical, chemical, or electrical reproduction or any other articles, equipment, machines, or materials. (2) 'Person" means any individual, partnership, firm, association, corporation, or other legal entity. (3) "Distribute" means to transfer possession of, whether with or without consideration. (4) "Knowingly" means being aware of the character of the matter, (5) "Exhibit" means to show. (6) "Minor" means any natural person under 18 years of age. (7) "Harmful matter" means matter, taken as a whole, which to the average person, applying contemporary statewide standards, appeals to the prurient interest, and is matter which, taken as a whole, depicts or describes in a patently offensive way sexual conduct and which, taken as a whole, lacks serious literary, artistic, political, or scientific value for minors. (b) Display of harmful matter. Every person who for commercial purposes, knowingly displays, distributes, exhibits by any means, or causes to be displayed, distributed, exhibited by any means, or offers to display, distribute, or exhibit by any means, or permits to be displayed, distributed to exhibited by any means, in any business, other than a public place from which minors are excluded, any -2- 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 harmful matter, shall be in violation of this Section and shall be punished as specified in subsection (f) below. (c) Exceptions to display of harmful matter. (1) There shall be an exception to subsection (b) above if there is placed upon the harmful material a device commonly known as a "blinder rack" in front of the material, so that the lower two-thirds of the material is not exposed to view. (2) There shall be an exception to subsection (b) above if the business which displays harmful matters prohibits admittance to the business by minors by the placing of signs posted at each of the doors normally used or intended for use for public admittance which shall read: "Sexually explicit materials displayed here. Admission to minors is prohibited by law unless accompanied by a parent or guardian. Hermosa Beach Municipal Code Section 21-36(b)." The sign shall be not less than one square foot in area and the letters shall be not less than two inches in height. The minor must be accompanied by an adult who represents himself or herself to be the parent or guardian of the minor and whom the business person, by the exercise of reasonable care, does not have reason to know is not the parent or guardian of the minor, or that a minor who when not accompanied by a parent or guardian, presented false documentation of being at least eighteen years of age, when to the average and reasonable prudent person such documentation would appear legitimate. (d) Minor need not view or gain control of material. To commit a violation of subsection (b) above, it is not required that a minor have actually viewed or physically gained control of any book, magazine, or other publication or matter as defined in subsection (a) above. (e) Business persons responsible. The provisions of this chapter, with respect to the display, causing to be displayed or permitted to be displayed any book, magazine, or other publication as set forth in subsection (a) above, shall apply only to -3- L J 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 persons having proprietary interests in or managerial control of the ordinary and routine operation of the business wherein and at which time there occurs a violation of any of the provisions of this section. (f) Punishment, prior convictions. Every person who violates 21-36(b) is punishable by fine of not more than two thousand dollars ($2,000.00), by imprisonment in the county jail for not more than one year, or by both that fine and imprisonment. However, if the person has been previously convicted of a violation of 21-36(b), the person shall be punished by imprisonment in the state prison." SECTION 2. Severability The City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance 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 or words of this Ordinance shall remain in full force and effect. SECTION 3. Effective Date This ordinance shall take effect thirty (30) days after its final passage and shall supersede any conflicting provision of any City of Hermosa Beach ordinance. SECTION 4. Publication The City Clerk shall publish this Ordinance and the vote thereon, in the Easy Reader, a newspaper of general circulation in the City of Hermosa Beach, prior to fifteen days after the date of its adoption. SECTION 5. Certification The City Clerk shall certify to the passage and adoption of this Ordinance, make minutes of its passage and adoption in the records of the proceedings of the City Council at which the same 4- LJ • 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 was passed and adopted, and enter the same in the book of original Ordinances of the City of Hermosa Beach. PASSED, APPROVED andADOPTED on this 10th day of January, 1995, by the following vote: AYES: Bowler, Reviczky, Edgerton NOES: Oakes, Mayor Benz ABSTAIN: None AB SENT - None .1";,,n Mayor and President of the Ci ATTEST - City Clerk APPROVED AS TO FORM: �x``'�i City Attorney it of the City of Hermosa Beach -5- • 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. 94-1125 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 day of January, 1995, and was published in the Easy Reader newspaper on January 19, 1995. . The vote was as follows: AYES: Bowler, Edgerton, Reviczky NOES: Oakes, Mayor Benz ABSENT- None ABSTAIN: None DATED: January 25, 1995 Deputy City Clerk 0 -* • PROOF OF PUBLICATION (2015.5 C.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 news- paper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of September 21, 1972, Case Number SWC 22940, that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit January 19 all in the year 1995. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, this 19th day of January , 1995 Signa 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 LEGAL NOTICE ER Ref No HBL-646 (see attached page) • 0 o p a i CITY OF HERMOSA BEACH ORDINANCE NO.95.1125 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE HERMOSA BEACH MUNICIPAL CODE BY ADDING TO CHAPTER 21, OFFENSES -MISCELLANEOUS, A NEW SECTION 21-36, RELATING TO DISPLAY OF BOOKS, MAGAZINES AND OTHER PUBLICATIONS IN LOCATIONS OTHER THAN NEWSRACKS WHEREAS, the City Council of the City of Hermosa Beach desires to adopt an ordinance regulating the display of books, magazines and other publications in locations other than newsracks; and, WHEREAS, the City Council finds it in the best interest of the public safety, health, and welfare of the City to regulate the display of harmful matter which might be viewed by minors; and, WHEREAS, the City Council de- sires to have clearand unambiguous regulations regarding these activi- ties, and therefore sets forth the fol- lowing regulations; and, WHEREAS, California Penal Code Section 313.1(d) regarding dis- tribution or exhibition of harmful mat- ter to minor allows the city to adopt an ordinance which restricts the display of material which is harmful to mi- nors, in a public place other than a public place from which minors are excluded, by requiring the placement ofdevices commonly known as blinder racks in front of the material, so that the lower two-thirds of the material is not exposed to view. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HER- MOSA BEACH DOES ORDAIN AS FOLLOWS: SECTION 1. Application Chapter2l ofthe Hermosa Beach Municipal Code, Offenses -Miscella- neous is hereby amended by adding the following new section: "Section2l-36. DisplayofBooks, Magazines and other Publications in Locations Other Than Newsracks. (a) Definitions. For the purpose of this section, the following words and phrases shall have the meanings as ascribed to them by this section: (1) "Matter" means any book, magazine, newspaper, video record- ing, or other printed or written mate- rial or any picture, drawing, photo- graph, motion picture, or other picto- rial representation or any statue or other figure, or any recording, tran- scription, or mechanical, chemical, or electrical reproduction or any other articles, equipment, machines, or materials. (2)"Person" means any individual, partnership, firm, association, corpo- ration, or other legal entity. (3) "Distribute" means to transfer possession of, whether with or with- out consideration. (4) "Knowingly" means being aware of the character of the matter. (5) "Exhibit" means to show. (6) "Minor"means any natural per- son under 18 years of age. (7) "Harmful matter" means mat- ter, taken as a whole, which to the average person, applying contempo- rary statewide standards, appeals to the prurient interest, and is matter which, taken as a whole, depicts or describes in a patently offensive way sexual conduct and which, taken as a whole, lacks serious literary, artis- tic, political, or scientific value for minors. (b) Display of harmtul matter. Ev- ery person who for commercial pur- poses, knowingly displays, disthb- utes, exhibits by any means, orcauses to be displayed, distributed, exhib- ited,by any means, or offers to dis- play, distribute, or exhibit by any means, or permits to be displayed, distributed to exhibited by any means, in any business, other than a public plane from which minors areexcluded, any harmful matter, shall be in viola- tion of this Section and shall be pun- ished as specified in subsection (Q below. (c) Exceptions to display of harm- ful matter. (1) There shall be an exception to subsection (b) above if there is placed upon the harmful material a device commonly known as a "blinder rack" in front of the material, so that the lower two-thirds of the material isnot exposed to view. (2) There shall be an exception to subsection (b) above if the business which displays harmful matters pro- hibits admittance to the business by minors by the placing of signs posted at each of the doors normally used or intended for use for public admit- tance which shall read: "Sexually explicit materials dis- played here. Admission to minors is prohibited by law unless accompa- nied by a parent or guardian. Her- mosa Beach Municipal Code Section 21-36(b).- The sign shall be not less than one square toot in area and the letters shall be not less than .two inches in height. The minor must be accompanied by an adult who repre- sents himself or herself to be the parent or guardian of the minor and whom the business person, by the exercise of reasonable care, does not have reason to know is not the parent or guardian of the minor, or that a minor who when not accompa- nied by a parent or guardian, pre- sented false documentation of being at least eighteen years of age, when to the average and reasonable pru- dent person such documentation would appear legitimate. (d) Minor need not view or gain control of material. To commit a vio- lation of subsection (b) above, it is not required that a minor have actually viewed or physically gained control of any book, magazine, or other pub- lication or matter as defined in sub- section (a) above. (e) Business persons responsible. The provisions of this chapter, with respect to the display, causing to be displayed or permitted to bedisplayed any book, magazine, or other publi- cation as set forth in subsection (a) above, shall apply only to persons having proprietary interests in or managerial control of the ordinary and routine operation of the business wherein and at which time there oc- curs a violation of any of the provi- sions of this section. (f) Punishment, prior convictions. Every person who violates 21-36(b) is punishable by fine of not more than two thousand dollars ($2,000.00), by imprisonment in the county jail for not more than one year, or by both that fine and imprisonment. However, if the person has been previously con- victed of a violation of 21-36(b), the person shall be punished by impris- onment in the state prison: SECTION 2. Severability The City Council declares that, should any provision, section, para- graph, sentence or word of this Ordi- nance be rendered or declared in- valid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance shall remain in full force and effect. SECTION 3. Effective Date This ordinance shall take effect thirty (30) days after its final passage and shall supersede any conflicting provision of any City of Hermosa Beach ordinance. SECTION 4. Publication The City Clerk shall publish this Ordinance and the vote thereon, in the Easy Reader, a newspaper of general circulation in the City of Her- mosa Beach, prior to fifteen days after the date of its adoption. SECTION 5. Certification The City Clerk shall certify to the passage and adoption of this Ordi- nance, make minutes of its passage and adoption in the records of the proceedings of the City Council at which the same was passed and adopted, and enter the same in the book of original Ordinances of the City of Hermosa Beach. PASSED, APPROVED and ADOPTED on this 10th day of Janu- ary, 1995, by the following vote: AYES: Bowler, Reviczky, Edgerton. NOES: Oakes, Mayor Benz ABSTAIN: None ABSENT: None Robert Benz Mayor and President of the City Council of the City of Hermosa Beach ATTEST: Elaine Ooerffino City Clerk APPROVED AS TO FORM: Michael Jenkins City Attorney ERI-19-95/HBL646 L 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 NO. 95-1126 AN ORDINANCE OF THE CITY OF HERMOSA BEACH CALIFORNIA, TO AMEND THE ZONING ORDINANCE IN REGARD TO THE PARKING REQUIREMENT FOR GYMNASIUMS/PHYSICAL FITNESS CENTERS AND THE ADOPTION OF A NEGATIVE DECLARATION WHEREAS, the City Council held a public hearing on February 14, 1995 to consider oral and written testimony and made the following findings: A. The parking requirements for gymnasiums, while representing a possible worst case situation for a large full-service health and fitness club, are not realistic for most such facilities and, therefore, should be reduced; B. Only large, full-service, health and fitness clubs should have parking requirements in excess of the requirements for general commercial retail establishments; C. An initial study has been prepared by the Staff Environmental Review Committee and it was determined that the proposed amendment would result in a less than significant impact on the environment; NOW, THEREFORE, the City Council of the City of Hermosa Beach does hereby ordain that the zoning ordinance text be amended as follows: SECTION 1 Amend Section 1152(E) #11, parking requirements for gymnasiums/health and fitness centers, to read as follows: "11, Gymnasiums/Health and Fitness Centers, as follows: 1) Less than or equal to 3,000 square feet, and with less than or equal to 20 students at one time if classes are offered: 1 space per 250 square feet of gross floor area. 2) Greater than 3,000 square feet, or, with more than 20 students at one time if classes are offered: 1 space per 100 square feet of gross floor area" 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 2. This ordinance shall become effective and be in full force and effect from and after thirty (30) days of its final passage and adoption. SECTION 3. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of general circulation published and circulated, in the City of Hermosa Beach, in the manner provided by law. SECTION 4. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED, and ADOPTED this 28th day of February, 1995, by the following vote: AYES: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES: None ABSTAIN: None ABSENT- None PRESIDENT of the City Council and ATTEST - lz�,O�ITY CLERK APPROVED AS TO FORM: of the City of Hermosa Beach, California CITY ATTORNEY -2- ACTIVITY IDENTIFICATION Location Address: City Wide Legal: N/A Description Text amendment to the zoning ordinance regarding parking standards for gymnasiums/physical fitness centers. Sponsor a. Name: City of Hermosa Beach, Communi , Development Department, Planning Division b. Mailing Address: 1315 Valley Drive, Hermosa Beach, CA 90254 Phone: (310) 318-0242 NEGATIVE DECLARATION In accordance with Resolution 89-5229 of the City of Hermosa Beach, which implements the California Environmental Quality Act of 1970 in Hermosa Beach, the Environmental Review Committee must make an environmental review of all private projects proposed to be undertaken within the City, and the Planning Commission must make an environmental review of all public projects proposed to be undertaken within the City, which are subject to the Environmental Quality Act. This declaration is documentation of the review and, if it becomes final, no comprehensive Environmental Impact Report is required for this project. FINDING OF ENVIRONMENTAL REVIEW COMMITTEE te have undertaken and completed an Environmental Impact Review of this proposed project in accordance with solution 89-5229 of the City Council of Hermosa Beach, and find that this project does not require a comprehensive Environmental Impact Report because, i- ge4eluded4 the-pr-ejeet it would not have a significant effect on the environment. Documentation supporting this finding is on file in the Planning Department. x jzi Date of Finding C airman, Envii onmental 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, igemAded the agaphedmitigati7a-are inert aoa in the ,,,•,,;o,.+ it would not have a significant effect on the environment. Documentation supporting this finding is on file in the Planning Department. Date of Finding R PIM Pla • ommission FINDING OF THE CITY COUNCIL We have undertaken and completed an Environmental Impact Review of this proposed project in accordance with Resolution 89-5229 of the City Council of Hermosa Beach, and find th his project does not require a comprehensive environmental Impact Report because, ie e , it would not ve a significant effect on the environment; Documentation supportg di is on file in the Planning Department. 0a -a$ 115: Date of Finding City Council • 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. 94-1126 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 February, 1995, and was published in the Easy Reader newspaper on March 09, 1995. • The vote was as follows: AYES: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES: None AB SENT - None ABSTAIN: None DATED: March 09, 1995 Deputy City Clerk 0 u 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. 95-1127 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA AMENDING ORDINANCE NO. 76-547, CHAPTER 8 OF THE MUNICIPAL CODE SECTION 8-5, CIVIL DEFENSE AND DISASTER RELATING TO EMERGENCY ORGANIZATIONS AND FUNCTIONS OF THE CITY DURING TIMES OF EMERGENCY. WHEREAS, the City Council desires to comply with the new State guidelines outlined by the Standardized Emergency Management System; and WHEREAS, Section 8-5 ""Director of Emergency Services ---office created; powers and duties," needs to be amended to comply with the state guidelines; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES ORDAIN AS FOLLOWS: That Chapter 8 "CIVIL DEFENSE AND DISASTER," Section 8-5 "Director of emergency services --- Office created; powers and duties" be amended to read "Incident Commander of Emergency Services --- Office created; powers and duties" and shall be set by such resolutions, rules and regulations as necessary to implement. PASSED, AXMP)PED and ADOPTED this 28th day of March, 1995 PRESIDENT 6f the City , and MAYOR of the City of Hermosa Beach, California AT ST- - W, Y)a - CITY CLERK r 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. 94-1127 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 March, 1995, and was published in the Easy Reader newspaper on April 04, 1995. • The vote was as follows: AYES: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES: None AB SENT - None ABSTAIN: None DATED: April 04, 1995 Deputy City Clerk 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 a ORDINANCE NO. 95-1128 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CHANGING THE ZONE OF CERTAIN PROPERTY (ZONE CHANGE CASE NO. 95-1) THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES ORDAIN AS FOLLOWS: Section 1. That certain property in the City of Hermosa Beach described as the westerly 88 feet of Lot 38 in Block 78, Second Addition to Hermosa Beach Tract located at 702 Eleventh Place is hereby classified and zoned from OS, Open Space, to C-3, Commercial General. Section 2. The Zoning Map of the City of Hermosa Beach as adopted by Section 302 of the Hermosa Beach Municipal Code is hereby amended by changing the classification of the property referred to in Section 1 to C-3. 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 It 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 11th day of April, 1995 by the following vote: AYES: Bowler, Edgerton, Oakes, Mayor Benz NOES: Reviczky ABSTAIN: None ABSENT- N9ne1 PRESIDENT of the City C ATTEST - MAYOR of the City of Hermosa Beach, California CITY CLERK I APPROVED AS TO FORM: JTY ATTORNEY -2- • EXHIBIT A General Plan Amendment from Open Space to General Commercial and Zone Change from O.S. to the C-3 zone. rEENTH ,SI E SIrrEEN 1N A,L FiFrEfAff F7 C7 f1frEfNrN St LN i- L F 0 v R r f f N r "I < Z V) THIRTEEN IN -__ST Ln CLEVEAfr" PL AELEVENr" C 702 11TH PL - Sr 0> Ii 0 4 TENTH Sr V) N,NTH ST NiA, rH PLACE 0 ACTIVITY IDENTIFICATION Location Address: 702 11th Place Y a Legal: Westerly 88' of portion of Lot 38 Block 78 Second Addition to Hermosa Beach g Description General Plan redesignation from Open Space to General Commercial and zone chaniae from OS to C3 Sponsor a. Name: City of Hermosa Beach, Community Development Department, Planning Division b. Mailing Address: 1315 Valley Drive, Hermosa Beach, CA 90254 Phone: (310) 318-0242 NEGATIVE DECLARATION In accordance with Resolution 89-5229 of the City of Hermosa Beach, which implements the California Environmental Quality Act of 1970 in Hermosa Beach, the Environmental Review Committee must make an environmental review of all private projects proposed to be undertaken within the City, and the Planning Commission must make an environmental review of all public projects proposed to be undertaken within the City, which are subject to the Environmental Quality Act. This declaration is documentation of the review and, if it becomes final, no comprehensive Environmental Impact Report is required for this 'project. FINDING OF ENVIRONMENTAL REVIEW COMMITTEE Wee have undertaken and completed an Environmental Impact Review of this proposed project in accordance with solution 89-5229 of the City Council of Hermosa Beach, and find that this project does not require a comprehensive Environmental Impact Report because, atieieasur-es-af:e4 ludedin the f)f:eiec , it would not have a significant effect on the environment. Documentation supporting this finding is on file in the Community Development Department, Planning Division. Date of tinding Chairman, Environmental 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, pEevided�attaphed rp& ; fie measures----- i -luded in:#!e-prejec-t, it would not have a significant effect on the environment. Documentation supporting this finding is on file in the Community Development Department, Planning Division. ;ZA0q5__ Date of finding Plaiining Commission FINDING OF THE CITY COUNCIL We have undertaken and completed an Environmental Impact Review of this proposed project in accordance with *solution 89-5229 of the City Council of Hermosa Beach, and find that is project does not require a comprehensive nvironmental Impact Report because, eviae-aa��taehed-mk i , it would not have a significant effect on the environment. Documentation su po t 's ding,is on file in the Community Development Department Planning Division. I y- /1 5��5 Date of Finding MayoJ, Herm sa Tgach City Council • 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. 95-1128 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 day of April, 1995, and was published in the Easy Reader newspaper on April 20, 1995. • The vote was as follows: AYES: Bowler, Edgerton, Oakes, Mayor Benz NOES: Reviczky ABSENT- None ABSTAIN: None DATED: April 20, 1995 Deputy City Clerk • r� u 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 95-1129 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE SUBDIVISION ORDINANCE IN REGARD TO THE CRITERIA FOR APPROVAL OF SUBDIVISIONS AND TO DEFINE "NEIGHBORHOOD AREA" WHEREAS, the City Council held a public hearing on April 11, 1995 to consider oral and written testimony and made the following findings: A. The criteria for approval of subdivision with respect to consistency with lot sizes in the surrounding area, as set forth in Section 29.5-8 sub -sections (c) and (d), are somewhat vague and, therefore, need clarification; B. The amendments are exempt from the California Environmental Quality Act, pursuant to Section 15061(b)3 of the CEQA guidelines, as they only involve clarification; NOW, THEREFORE, the City Council of the City of Hermosa Beach does hereby ordain that the Municipal Code, Chapter 29.5, Subdivision of Land be amended as follows: SECTION 1. Amend Section 29.5-8, sub -section (c) and (d) to read as follows: "(c) The proposed subdivision will in no way be inconsistent with the prevailing lot pattern or reduce property values in the surrounding neighborhood area. (d) The size of the proposed lots is not smaller than the prevailing lot size and lot frontage within the same zone and general plan designation within a 300' radius, provided, however, that all such lots used in the comparison shall be in the same neighborhood area" SECTION 2. Amend Section 29.5-8 by adding the following paragraph after sub- section (g) "For purposes of this section "neighborhood area" is defined as the block or group of blocks, within the same zone and general plan designated area, being located within clearly defined common boundaries. Boundaries shall include arterial or collector streets, parks or open 4- � 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 space designated areas (such as the "greenbelt"), or significant topographical features such as hillsides" 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 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 April, 1995, by the following vote: AYES: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES: None ABSTAIN: None AB SENT - None PRESIDENT of the City Council'and MAY ATTEST - CITY CLERK APPROVED AS TO FORM: the City of Hermosa Beach, California I. � (� CITY ATTORNEY M • 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. 95-1129 was duly and regularly passed, approved and adopted by the City Council of the City of Hermosa Beach at a regular meeting held at the regular meeting place thereof on the 25th day of April, 1995, and was published in the Easy Reader newspaper on May 4, 1995. • The vote was as follows: AYES: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES: None AB SENT - None ABSTAIN.- None DATED: May 4, 1995 � da Deputy City Clerk 0 • 5 WA • 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 27 28 F&I ORDINANCE NO. 95-1130 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND ARTICLE 8 OF THE ZONING ORDINANCE, IN REGARDS TO THE LIST OF COMMERCIAL USES PERMITTED AND CONDITIONALLY PERMITTED IN THE C-1, C-2, AND C-3 ZONES; TO AMEND ARTICLE 10, PERTAINING TO STANDARD CONDITIONS OF CONDITIONALLY PERMITTED USES; AND, TO ADD A NEW DEFINITION SECTION FOR COMMERCIAL USES AND THE ADOPTION OF A NEGATIVE DECLARATION WHEREAS, the City Council held a public hearing on April 25, and May 23, 1995 to consider the subject amendments and to receive oral and written testimony and made the following Findings: A. The list of commercial permitted and conditionally permitted uses needs to be revised and updated to reflect current trends, simplified into fewer descriptive and generic categories where possible, put into a matrix form to make it easier to use and administer; and supplemented with clear definitions presented in alphabetical format; B. The types and number of uses that are conditionally permitted through a Conditional Use Permit are too extensive, and result in an unnecessary burden on some businesses which typically cause little or no impact; which are compatible with surrounding commercial uses, and which are already subject to existing general laws in the City's Municipal Code which is intended to protect the health, safety, and welfare of the public from the impact of such commercial activity or subject to State regulations which preempt local regulation (as in the case of regulations on the consumption of alcohol); C. Conditional Use Permits should thus be required only for those types of businesses that have characteristics normally associated with that type of business that result in site specific impacts on surrounding property which cannot otherwise be regulated by general code provisions, and therefore, make it necessary to determine on an individual case basis whether that business should be allowed to operate at all, or, under what specific conditions; D. An initial study has been prepared by the Staff Environmental Review Committee and it was determined that the proposed amendment would result in a less than significant impact on the environment; and 1 L J 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 W1 WHEREAS, the City Council and the Planning Commission have held several public meetings to discuss the subject text amendments in parts; NOW, THEREFORE, the City Council of the City of Hermosa Beach, California, does hereby ordain that the zoning ordinance text be amended as follows: SECTION 1. Amend Section 8-2 to read as follows "Sec. 8-2. Specific Purposes In addition to the general purposes listed in Article 1, the specific purposes of the commercial zones are to: A. Provide appropriately located areas consistent with the General Plan for a full range of office, retail commercial, and service commercial uses needed by residents of, and visitors to, the city and region. B. Strengthen the city's economic base, .and also protect small businesses that serve city residents. C. Create suitable environments for various types of commercial and compatible residential uses, and protect them from the adverse effects of inharmonious uses. D. Minimize the impact of commercial development on adjacent residential districts. E. Ensure that the appearance and effects of commercial building and uses are harmonious with the character of the area in which they are located. F. Ensure the provision of adequate off-street parking and loading facilities. G. Provide sites for public and semi-public uses needed to complement commercial development or compatible with a commercial environment. The additional purposes of each zone are as follows: CA Neighborhood commercial zone: To provide sites for a mix of small local businesses appropriate for, and serving the daily needs of nearby residential neighborhoods; while establishing land use regulations that prevent significant adverse effects on abutting residential uses. C-2 Downtown commercial zone: To provide opportunities for a limited range of office, retail, and service commercial uses specifically appropriate for the scale and character of the downtown --a resident and visitor serving pedestrian oriented shopping/entertainment district. C-3 General commercial zone: To provide opportunities for the full range of office, retail, and service businesses deemed suitable for the City, and appropriate for the Pacific Coast Highway and Aviation Boulevard commercial corridors, including business not appropriate for other zones because they attract heavy vehicular traffic or have specific adverse impacts. 2 • n U • 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 29 SECTION 2. Amend Section 8-3 to read as follows: "Sec. 8-2 C-1, C-2, and C-3 Land Use Regulations In the following matrix, the letter "P" designates use classifications permitted in commercial zones. The letter "U" designates use classifications permitted by approval of a Conditional Use Permit. Use classification not listed are prohibited. Section numbers listed under "see section" reference additional regulations located elsewhere in the Zoning Ordinance or Municipal Code. For definition of the listed uses see Article 2.2. C-1, C-2 and C-3 ZONES, LAND USE REGULATIONS P = Permitted - = Not Permitted U = C.U.P. Required (See Article 10) 3 Adult businesses; - - U 10-5 Adult paraphernalia, X-rated uses and U U U 10-5.1 materials, limited to no more than 20% of stock -in -trade Alcohol beverage establishments, on -sale; - U U 10-7 Alcohol beverage establishment, off -sale P P P (closing at 11:00 P.M. or earlier) 4. Alcohol beverage establishment, off -sale (open U U U 10-8 between 11:01 P.M. and 2:00 A.M.) 4. Animal hospitals; - - P Aquariums, sales and supplies of marine life; 4. P P P Art/Antiques/Curios gallery or shop P P P Audio/video equipment and supplies, sales and P P P repair Bakery; P P P Banks and financial institutions; - P P Barber/Beauty shop; P P P Billiard or pool halls; - P P Books/News/Magazines, Sales P P P 3 r� u 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 29 Bowling alley; - - P Brick and stone (ornamental); - - P Bus station, not including terminal facilities; - - P Business schools; - - P Catering business; - - P Clinic, dental and/or medical; P P P Clothing and wearing apparel sales and P P service; P Clubs, private; - P P Convention hall; - - U 10-2 Copying and printing services and supplies; P P P Dancing, customer; - P P Day nursery, preschool; U U U 10-9.1 Department stores; - P P Detective agency; P P P Drugstore; P P P Entertainment, live; - U U 10-2 Equipment (household tools and lawn/garden - - equipment including small engines) rental, and repair, other than street vehicles; Florist or plant shop; P P Food and beverage market (maximum 4,000 P P square feet floor area); P P P Fortune tellers, psychics, and astrologers; - - P Funeral homes, including mortuaries; - P P Furniture/furnishings, sales and display - P P Game arcade, if five (5) or more machines; - - U 10-2 Garden equipment, small, hand -operated, sales - P and rentals; P Gun shop; - - P 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 29 5 4 Gymnasium/health and fitness center; - P P Hardware/home improvement store; - P P Hobby and craft supplies and service; P P P Hospitals, general, psychiatric out-patient only; - - U 10-2 Hotels, motels; - P P Household appliances/office equipment, sales - P P and repair Instruments (professional and/or scientific), P P P sales; 4. Interior decorating studio, store or shop; s.. P P P Laboratories; -4. P P Laundry business and dry-cleaning,—(including P P P self-service) 4. Locksmith business; P P P Lumberyard, retail; -4. - P Messenger service; P P P Miniature golf course; - - P Monuments; 4. - - P Motor Vehicles and equipment, sales and service (including motorcycles, boats, non tractor trucks, RV's) • Sales/rental, new or used - - U 10-2 • General repair, service, installation of parts - - U 10-2 and accessories • Body repair and painting - - U 10-2 • Service Station U 10-3 • Parts and Accessories, retail sales - P P • Car washes - - U 10-3 (Self - Service Car Wash) • Vehicle storage - - U 10-2 5 r� 1' 2 3 4 5 61 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 29 T 4 rMovieaters; - U U 10-2 Museums; - P P Music academy; - U U 10-2 Musical instruments, retail and repair; - P P Nurseries; - - U 10-2 Offices, general P P P Parcel delivery terminal; - - P Parking lots and/or structures; P P P Pet grooming, no overnight kennels; - P P Pet stores, including sale of pets; - - P Photo engraving business; - - P Photography (equipment sales and service, film P P P processing, studio) Printing and or publishing business, - P P commercial; .t... Radio and television stations; - - U 10-2 Recycling, large or small collection facility; - - U 10-11, 10-12 Residence; One (1) or more apartments may be U - - 10-2 built above a commercial building 4. Restaurant, with drive-in, or drive-thru window, - U U 10-2 or with outdoor walk-up window on public right of way; Restaurant/cafe P P P Restaurant/cafe with beer and wine; U U U 10-7 (On - sale alcohol beverage establish- ment Reverse vending machine(s); U U U 10-10 Secondhand merchandise, retail sales; - -P P Skating rink, ice or roller; - - P Snack bar/snack shop; P P P T • 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 29 Temporary Uses Entertainment, special performances; - U* j U* Outdoor Merchandise Display, temporary U* U* U* 8-5(d) outside dining, in conjunction with special event Parade, Circus or carnival; - U* U* * Allowed by Special Permit by City Council on public streets/rights-of way, pursuant to Section 29-7 of the Municipal Code, and permitted by right on private property in conjunction with such a Special Permit SECTION 3. Amend Section 8-4 to read as follows: "Section 8-4. Similar Use Permitted When a use is not specifically listed in this Article, it shall be understood that the use is prohibited unless it is determined by the Community Development Director that the use is similar to and not more objectionable than other uses listed. It is further recognized that every conceivable use cannot be identified in this Article, and anticipating that new uses will arise over time, this Section authorizes the Community Development Director to compare a proposed use and measure it against those listed for determining similarity. The Director's determination shall not be final until confirmed by the City Council as a consent calendar item on the Council agenda following the Director's determination. In determining similarity the Director shall make all of the following findings: 7 • 1 A. 2 3 B. 4 5 C 6 7 D 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 29 The proposed use shall meet the intent of, and be consistent with the goals, objectives and policies of the General Plan The proposed use shall meet the stated purpose and general intent of the zone in the which the use is proposed to be located; The proposed use shall not adversely impact the public health, safety and general welfare of the City's residents; and The proposed use shall share characteristics common with, and not be of greater intensity, density or generate more environmental impact, than those uses listed in the zone in which it is to be located." SECTION 4. Amend Section 10-3 to read as follows: "Coin operated self-service car wash. The following minimum conditions and standards, in addition to any other deemed necessary or appropriate to ensure compatibility with existing or future permitted use in the vicinity, may be required: 1. The maximum operating hours shall be between 6:00 A.M. and 10:00 P.M. and the site shall be securely closed to vehicular access when closed. 2. Noise emanating from the property shall be within the limitations prescribed by the city's noise ordinance and shall not create a nuisance to surrounding residential neighborhoods, and/or commercial establishments 3. Distance of any equipment, including vacuum cleaners shall be a minimum of fifty (50) feet from adjacent residences" SECTION 5. Amend Section 10-5 to read as follows: "Sec. 10-5. Adult businesses (over 20% of stock -in -trade consisting of materials exclusively intended for adults only in accordance with Section 313 et seq. of the California Penal Code), excluding adult newsracks. In lieu of the findings required by Section 10-2 "General criteria for all uses," the Planning Commission shall approve an application for a Conditional Use Permit for an adult business where evidence presented substantiates all of the following findings. Appropriate and reasonable exceptions may be made by the Planning Commission and/or City Council for Conditional Use Permits imposed in the amortizing of existing adult businesses, and/or where not applicable. 8 • 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 29 1, The exterior walls so the establishment are located more than two hundred (200) feet from the exterior boundaries of any lot or parcel of residentially zoned property. The exterior walls of the establishment are located more than one thousand (1,000) feet from the exterior boundaries of any property zoned or used for school, church or park purposes. The exterior walls of the establishment are located more than one thousand (1,000) feet from the exterior boundaries of any lot or parcel of land upon which any other such adult business establishment is located. 4. Every establishment shall have clearly visible signs at all entrances stating "Adults Only -No Minor Permitted" or equivalent wording. 5. All building openings, entries, and windows shall be designed or screened so that the contents may not be seen from the public sidewalk or equivalent public areas accessible to minors. 6. The public interior areas shall be fully and brightly lighted and arranged so that every portion of the premises is visible upon entrance, but shall not be viewed from outside of the premises, and so that the entire body of any patron is also visible immediately upon entrance to the premises. 7 The number of film or video viewing machines or booths shall not exceed one (1) machine per thirty (30) square feet of floor area. All adult businesses that include film or video viewing machines or booths shall provide one (1) off-street parking space for every such machine or booth. 8. There shall be no doors or other similar closable screens on video or film viewing booths. 9. No alcoholic beverages shall be sold or consumed on the premises and appropriate notification of this restriction shall be displayed on the premises." SECTION 6. Amend Section 10.5-1 to read as follows: "Sec. 10-5.1. Sale of X -Rated materials and/or adult paraphernalia in business establishments that do not meet "adult business" definition. In lieu of the findings required by Section 10-2 "General criteria for all uses," the Planning Commission shall approve an application for a conditional use permit for any retail business in which some, but not greater than twenty (20) percent, of its stock -in -trade material meets the "X -Rated" and/or "adult paraphernalia" definitions, where evidence presented substantiates all of the following findings. Appropriate and reasonable exceptions may be made by the Planning Commission and/or City Council for Conditional Use Permits imposed in the amortizing of existing adult businesses and/or where not applicable. F7 1 1 2 3 2 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 29 The public interior areas shall be fully and brightly lighted and arranged so that every portion of the premises is visible immediately upon entrance and so that the entire body of any patron is also visible immediately upon entrance to the premises. All stock -in -trade materials, either for sale or rental, which have exterior covers that display specified anatomical areas or specified sexual activities shall be adequately covered with an opaque material so as not to expose any display of specified anatomical areas or specified sexual activities to the general public. 3. The area designated for adult videos shall be partitioned and screened from view, accessible only to persons eighteen (18) years of age and over. A sign stating "Adults Only -No Minors Permitted" or equivalent wording shall be conspicuously located at the entrance to the designated adult area. 4. The store shall be managed in a manner that anything illegal for a minor to view shall not be displayed from an area [where] a minor could view such objects. 5. Advertisements, displays, or other promotional exhibits of any materials depicting specified anatomical areas or specified sexual activities shall be prohibited. 6. The area designated for adult paraphernalia shall be partitioned and screened from view, accessible only to persons eighteen (18) years of age and over. A sign stating "Adults Only - No Minors Permitted" or equivalent wording shall be conspicuously located at the entrance to the designated adult area." SECTION 7. Amend Section 10-7 and 10-8 to read as follows: "Sec. 10-7. On sale alcohol beverage establishment The following minimum conditions and standards, in addition to any other deemed necessary or appropriate to ensure compatibility with existing or future permitted use in the vicinity, may be required: The establishment shall not adversely effect the welfare of the residents, and/or commercial establishments nearby. 2. The business shall prevent loitering, unruliness, and boisterous activities of the patrons outside the business or in the immediate area. The Police Chief may determine that a continuing police problem exists, and may, subject to the review of the Planning Commission, direct the presence of a police approved doorman and/or security personnel to eliminate the problem. If the problem persists the Chief then shall submit a report to the Planning Commission, which will automatically initiate a review of this Conditional Use Permit by the Commission. 10 L J 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 29 4. The exterior of the premises shall be maintained in a neat and clean manner, and maintained free of graffiti at all times. 5. Any changes to the interior layout which alter the primary function of the business shall be subject to review and approval by the Planning Commission. Sec. 10-8. Off -sale alcohol beverage establishment open between the hours of 11:01 P.M. and 2:00 A.M. Any new off -sale alcohol beverage establishments open between the hours of 11:01 P.M. and 2:00 A.M. the next day shall be a minimum of one hundred (100) feet from any residential use and/or zone. The following minimum conditions and standards, in addition to any other deemed necessary or appropriate to ensure compatibility with existing or future permitted use in the vicinity, may be required: 1. The establishment shall not adversely effect the welfare of the residents, and/or commercial establishments nearby. 2. The business shall prevent loitering and littering on the premises at all times. 3. Clearly visible signs prohibiting loitering, littering, on the premises and limiting the parking period to two (2) hours shall be posted in conspicuous locations. 4. The exterior of the premises shall be maintained in a neat and clean manner, and maintained free of graffiti, at all times. 5. Any changes to the interior layout which would alter the primary function of the business shall be subject to review and approval by the Planning Commission." SECTION 8: A. Eliminate Section 10-6, Adult newsracks SECTION 9. In order to place the definitions in alphabetical order; to remove commercial use definitions which are to be incorporated into Article 2.1 by this ordinance; and to relocate "adult use" definitions in Article 2.2 , amend the format of Article 2, Definitions as follows: A. Re -order the existing definitions in Sections 203 through 283 in alphabetical order, without separate section numbers for each definition, with the exception of the following definitions which shall be eliminated from this Article: Sec. 203. 1, Amusement Arcades Sec. 211. Club 11 r1 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 29 Sec. 225 Kennel Sec. 224 Hospital, mental Sec. 255 Drive-in or walk-in restaurant Sec. 256 Coffee House Sec. 257 Bona fide eating place, meals and guests Sec. 261 Hotel Sec. 262 Motel Sec 268 Department Store Sec 269 Office, General Sec 270 Restaurant Sec 270.1 Snack Shop Sec 279 Reverse Vending Machine Sec. 280 Mobile Recycling Unit Sec. 281 Recycling Collection Facilities Sec. 282 Mini -Storage, personal Sec. 283. Gymnasium/health and fitness center B. Relocate the Adult Use definitions currently contained in Sections 284 through 285.9 in alphabetical order in a new Article 2.2, ADULT USE DEFINITIONS without numbered sections for each definition. C. Add Article 2.1, to establish definitions for commercial land use classifications as follows: "ARTICLE 2.1. COMMERCIAL LAND USE DEFINITIONS Alcohol Beverage Establishment, Off -Sale. Retail sales of alcoholic beverages (beer, wine, spirits) in packaged containers for consumption off the premises. This definition includes liquor stores, or grocery stores or food and beverage markets which sell alcohol. Alcohol Beverage Establishment, On -Sale. Sale of alcoholic beverages (beer, wine, spirits) for consumption on the premises whether in conjunction with a restaurant, or as a bar or cocktail lounge or in conjunction with a nightclub (see definition of "restaurant"). Animal Hospitals Establishments where animals receive medical and surgical treatment. This classification includes only facilities that are entirely enclosed, soundproofed, and air- conditioned. Grooming and temporary (maximum 30 days) boarding of animals is included. Art/antiques/curios/ gallery or shop. Retail sales or display of art objects, antique items, and/or various other objects or items typically used for decorating the home or yard or as gift items. Audio/video equipment and supplies, sales and repair The retail sales of typical household audio/video equipment, including but not limited to televisions, VCR's, radios, stereos, personal computers, and accessories, and the sale of videocassettes, compact discs, laser discs, audio 12 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 29 tapes, computer software ,etc., and their related accessories. Does not include the sale of musical instruments. Bakery: The preparation of baked goods for primarily retail sales and may have incidental wholesale, for general distribution or consumption off-site. This classification includes incidental consumption of said goods on the premises. Banks and Financial Institutions. Financial institutions that provide services to individuals and businesses, including retail banking, collection services, loan services, and tax and investment services. These uses do not include check cashing businesses. Billiard or pool halls. Establishments that provide billiard tables for customer's use. Bus Station, not including terminal facilities: A facility providing the site and support services for bus transfers or loading and unloading. Does not include storage or long-term parking of buses. Business Schools: A commercial enterprise involving the teaching of business or related skills to adults. This definition does not include a school or educational institution giving general academic instruction, such as an elementary, junior high, high school or college. Catering business. Preparation and delivery of food and beverages for off-site consumption without provision for on-site pickup or consumption. Clinic, medical or dental: A place that provides patient care services on an outpatient basis Clothing and wearing apparel sales and service: Retail sales and service of clothing and wearing apparel. Typical uses include clothing stores, tailors, shoe stores, shoe repair stores, jewelry stores. Club: An association of persons for some common nonprofit purpose but not including groups organized primarily to render a service which is customarily carried on as a business. Convention Hall: An enclosed building or structure used for public assembly for meetings, conventions, or special events. This classification includes auditoriums. Copying and printing services and supplies: Businesses providing copying, printing, typesetting and related clerical services to individuals and businesses and/or the retail sales of supplies used for copying and printing. Typical uses include blueprinting shops, photocopying and typesetting services, and stationary stores. This classification does not include commercial publishing or printing businesses or retail sales and service of copy machines. Dancing, customer- Provision of facilities and floor space for participant dancing including a dance studio or instructional dancing. The definition does not include "taxi" dancing where a fee is charged to dance with a particular person. 13 r� 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 29 Department store: A retail business selling a variety of products, such as jewelry, clothing, appliances; this classification does not include the sale of products that are prohibited, or require a conditional use permit by this ordinance in specified zones. Drugstore: Retail sales of prescription and non-prescription drugs Entertainment, live: The provision of live entertainment, such as live music, stand-up comedy, and/or live theater on a regular basis. Entertainment, special performances: Temporary or short term live entertainment Equipment rental and/or repair (tools and/or lawn/garden equipment including small engines other than street vehicles: A business providing typical household tools and lawn/garden equipment for repair (such as sharpening, or repair of small motors or engines) or rental, including hand -operated machinery, power tools, lawn mowers, hedgers etc., but excluding vehicles, trucks, and trailers licensed for street use. Florist or plant shop: Retail sales of flowers and plants and accessories with storage of merchandise inside a building; outside flower and plant displays permitted. Food and Beverage Market (maximum 4,000 square feet). Retail sales of food and beverages where a regular or substantial portion is for off site preparation and consumption. Typical uses include groceries, convenience stores, delicatessens, health food stores, and or produce market. Includes incidental sales of prepared food for take-out consumption. Over 4,000 square feet is classified as a supermarket. Fortune tellers, psychics, astrologers: Businesses offering personal services to individuals based on the spiritual arts. Does not include classes or seminars for groups. Funeral homes, including mortuaries: Establishments primarily engaged in the provision of services involving the care, preparation and/or disposition of human dead other than cemeteries. Furniture/furnishings, sales and display: Retail sales and/or display of various household and office furnishings including, but not limited to, carpet and floor coverings, drapes and window coverings, lighting fixtures, tables, desks, chairs, sofas, beds, wall coverings, bookshelves, and patio furniture Game arcade (or amusement arcade): Any place having five (5) or more coin-operated, slug - operated, or, any type of amusement or entertainment machine, equipment, or facilities for which payment is necessary for operation and which is the primary purpose of the business. These include pinball, video games, slot -car racing. or other type of game entertainment, but do not include merchandise vending machines Gun Shop: Retail sales of guns firearms, ammunition, etc., in accordance with the State and Federal laws. 14 n 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 29 Gymnasium/Health and fitness center- A facility, whether open to the public or a private club, which provides the indoor space, equipment, and the supervision/training/teaching for physical activities including, but not limited to sporting activities, exercising, martial arts, aerobic dancing, weight training, gymnastics, and spas. Hardware/Home Improvement Stores. Retail and/or service for hardware, building materials, tools, equipment, plumbing fixtures, tiles, paint, windows, etc. Hobby and craft supplies and service: Retail sales, service, and provision of facilities for various types of crafts and hobbies engaged in by individuals typically for fun or relaxation but not for financial gain, including, but not limited to, photography, knitting, weaving, cooking, home brewing, collecting (e.g. stamps, baseball cards, coins etc.), model trains and cars, stained glass, and other typical home arts and crafts. This classification does not include sport and recreation activities, or "hobbies" that involve heavy machinery or motor vehicles. Hospital, general: A facility licensed by the State Department of Public Health with a duly constituted governing body with overall administrative and professional responsibility and an organized medical staff which provides 24-hour, in-patient care, including, but not limited to, medical, nursing, surgical, obstetric, laboratory, radiology, pharmacy and dietary services. Mental health care is limited to psychiatric out-patient services only. This definition does not include mental hospitals. Hotel. One (1) or more buildings containing six (6) or more guest rooms, with such rooms being designed, intended to be used or are used, rented or hired out as temporary or overnight accommodations for guests, with the requirement that daily services of linen change, towel change, soap change and general clean-up be provided by the management. Access is to be provided through a common entrance; the registration lobby is to be a minimum of eight hundred (800) square feet in area and is to be manned on a twenty -four-hour basis. Kitchen facilities shall be permitted in the following manner: (1) No kitchen facilities shall be permitted on parcels of less than twenty thousand (20,000) square feet. (2) Eighty (80) percent of the units may have kitchen facilities on parcels over twenty thousand (20,000) square feet. This definition excludes jails, hospitals, asylums, sanitariums, orphanages, prisons, detention homes and similar buildings where human beings are housed and detained under legal restraint. Household appliances and office equipment, sales and repair (including large or major appliances and/or equipment): Retail sales and/or repair of appliances and/or equipment such as refrigerators, washer -dryers, cooking and kitchen appliances, copy machines, micro -computers etc. 15 L J 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 29 Instruments (professional and/or scientific), sales: Small hand operated specialized technical instruments used in professions or sciences. This definition does not include tools, machinery, or musical instruments. Laboratories. Establishments providing medical or dental laboratory services; or establishments with less than 2,000 square feet providing photographic, analytical, or testing services. Laundry business (including self-service) and dry-cleaning. An establishment that provides laundry and/or dry-cleaning services, with the dry-cleaning performed off the premises. Definition does not include on -premises dry-cleaning. Lumberyard, retail: Retail sales of building materials, including lumber and ornamental brick and stone, provided all materials are stored within and enclosed seven (7) foot high masonry wall and open storage is limit to twenty (20) foot height. Mini -storage, personal: An establishment which rents storage space for personal use by the renter, and no materials of a hazardous nature, i.e. toxins, highly inflammable, and/or similar are stored; nor shall there be warehousing of wholesale and/or retail materials and/or products. Miniature Golf Course: Participant golfing, limited to putting. Mobile recycling unit. An automobile, truck, trailer or van, licensed by the department of motor vehicles which is used for the collection of recyclable materials. A mobile recycling unit also means the bins, boxes or containers transported by trucks, vans, or trailers, and used for the collection of recyclable materials. Monuments: Custom productions and sales of statues, tombstones, and/or similar items. Motel: One (1) or more buildings containing guest rooms where each room is used for guest sleeping purposes, with the requirement that daily services of linen change, towel change, soap change and general clean-up be provided by the management. Such facilities are designed, and used for temporary or overnight accommodations for guests, and are offered to automobile tourists or transients. Management shall provide a registration/checkout service on a twenty- four -hour basis. Kitchen facilities shall be permitted in the following fashion: (1) No kitchen facilities shall be permitted on parcels of less than twenty thousand (20,000) square feet. (2) Eighty (80) percent of the units may have kitchen facilities on parcels over twenty thousand (20,000) square feet. This definition excludes jails, hospitals, asylums, sanitariums, orphanages, prisons, detention homes and similar buildings where human beings are housed and detained under legal restraint. 16 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 29 Motor Vehicles and Equipment sales and service (including automobiles, trucks, motor- cycles, boats, Recreational Vehicles, excluding tractor trucks): Sales/rental, new or used. Sale or rental of motor vehicles including storage and incidental maintenance General repair, service, installations of parts and accessories: Repair of motor vehicles. This classification includes auto repair shops, wheel and brake shops, tire sales and installation, auto upholstery installation, car stereo installation, window installation or tinting but excludes auto body repair and painting, vehicle dismantling or salvage and tire retreading or recapping Body repair and painting Repair or service of motor vehicles that involves body and fender repair, and/or painting. Car washes: Washing, waxing, or cleaning of automobiles, trucks, and vehicles. Service Stations. Establishments engaged in the retail sale of gas, diesel fuel, lubricants, parts, and accessories. This classification includes incidental maintenance and repair of automobiles and light trucks, but excludes body and fender work or repair of trailers, tractors, heavy trucks, or similar vehicles. Parts and Accessories, retail sales: Retailing of new or used motor vehicle parts and accessories, and related equipment parts and accessories for installation off-site. This classification does not include installation, repair, or service of parts and accessories of motor vehicles or related equipment. Vehicle Storage. Storage of operative or inoperative vehicles. This classification includes parking tow-aways, impound yards, and storage lots for automobiles, trucks, buses and recreational vehicles, but does not include vehicle dismantling. Movie theaters: A facility that provides fixed seating for customers to view motion pictures, including accessory snack and/or food and beverage services. Music Academy: A school offering classes and curriculum primarily in the musical arts which includes the facilities for playing and practicing with musical instruments Musical instruments, retail sales and repair- Retail sales and repair of musical instruments and accessories. This classification does not include musical training or practice. Nurseries. Establishments which primarily sell plants and landscaping/gardening supplies. All merchandise other than plants are kept within an enclosed building or a fully screened enclosure, and fertilizer of any type is stored and sold in package form only. Office, general: The location where primarily the administrative activities of a business are performed. Such activities may include maintaining records, preparing and writing reports, 17 \J 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 29 telephone communications, computer processing, personal contact with clients, and similar activities. Parcel Delivery Terminal: Parcel and package delivery, pick-up, and storage services including the normal accessory services provided thereto. Pet Grooming, no overnight kennels: Provision of bathing and trimming services for animals. Pet Stores, including sales of pets. Retail sales and boarding of small animals for sale, provided such activities take place within an entirely enclosed building. Photography (equipment sale and service, film processing studio): An establishment providing retail sales, repair service, and/or film processing and developing services. Printing and/or publishing business, commercial: The commercial reproduction, of books, magazines, newspapers, posters, etc., either for distribution or sale. Radio and television stations: A commercial establishment involving the operation of radio or television sending and/or receiving devices for general "over -the -air" distribution to the public. Recyclable material: Re -usable material including but not limited to metals, glass, and paper, which are intended for re -use, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous material. Recyclable material may include used motor oil collected and transported in accordance with Sections 25250.11 and 25143.2(b)(4) of the California Health and Safety Code Recycling collection facilities: A center for the acceptance by donation, redemption, or purchase of recyclable materials from the public. Such a facility does not use power -driven processing equipment except as permitted by conditional use permit. Collection facilities may include the following: (1) Reverse vending machine(s) (2) Small collection facilities which occupy an area of not more than five hundred (500) square feet, and include: a. A mobile unit b. Bulk reverse vending machines or a grouping of reverse vending machines occup- ying more than fifty (50) square feet c. Kiosk type units which may include structures d. Unattended containers placed for the recyclable materials (3) Large collection facilities which may occupy an area of more than five hundred (500) square feet, may include -permanent structures and is not appurtenant to a host use. Restaurant: An establishment which primarily sells prepared food. Where beer and wine are sold, a minimum of sixty-five (65) percent of the total gross sales, computed monthly, shall result from the sale of prepared food; where other alcoholic beverages, not exclusively beer and wine, are sold, a minimum of fifty (50) percent of the total gross sales, computed monthly, shall result 18 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 29 from the sale of prepared food. The establishment shall serve either one of the following - breakfast, lunch, or dinner or has a kitchen with equipment capable of serving breakfast, lunch, or dinner. Reverse vending machine(s). An automated mechanical device which accepts at least one (1) or more types of empty beverage containers including but not limited to aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by the state. A reverse vending machine may sort and process containers mechanically provided that the entire process is enclosed within the machine. In order to accept and temporarily store all three (3) container types in a proportion commensurate with their relative redemption rates and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary. Secondhand Merchandise, retail sales: Retail sales of previously used merchandise, such as clothing, household furnishings or appliances, sports/recreational equipment. This classification does not include secondhand motor vehicles, parts, or accessories. Skating rink, ice or roller An establishment that provides the facilities for participant skating. Snack bar and/or snack shop: An establishment that serves a snack usually for consumption between meals; specifically, items such as donuts, ice cream, yogurt, or cookies are considered snacks, and the planning commission may consider additional items as snacks. - Sound score production facility: An establishment which provides the facilities for recording, rehearsing, mixing, or any other sound reproduction. Sporting/Recreational equipment sales, service and rental: Uses include beach recreational equipment rental and sales bicycle shops, sporting goods stores, bait and tackle shops, etc. Supermarkets: Food markets, or combination food markets and department stores with over 4,000 square feet of floor area. Upholstering shop. Repair and upholstery replacement to household and office furnishings. Does not include motor vehicle upholstering or repair, Wedding Chapel, commercial: An establishment which primarily provides the facilities and services for weddings on a commercial basis. This definition does not include churches and similar congregations where weddings are an ancillary use." SECTION 10. Section 29-30 of Article IV ("Newsrack Standards") of Chapter 29 ("Streets and Sidewalks") of the Hermosa Beach Municipal Code is hereby amended to add a new Paragraph (E) to read as follows: "(E) Any newsrack which contains materials exclusively intended for adults only in accordance with Section 313 et seq. of the California Penal Code shall have the cover painted or be opaque." 19 r_1 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 r� 29 SECTION 11. This ordinance shall become effective and in be in full force and effect from and after thirty (30) days of its final passage and adoption. SECTION 12. The City Clerk shall cause a summary of this Ordinance to be prepared by the City Attorney and published as provided by law. The summary shall be published and a certified copy of the full text of this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to the City Council meeting at which this Ordinance is to be adopted. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall cause a summary to be published with the names of those Council members voting for and against this Ordinance and shall post in the Office of the City Clerk a certified copy of the full text of this Ordinance along with the names of the City Council members voting for and against the Ordinance. 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, 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 June, 1995, by the following vote: AYES: Edgerton, Oakes, Reviczky, Mayor Bowler NOES: None ABSTAIN: ATTEST - of the City Council and MAYOR of the City of Hermosa Beach, California CITY CLERK R VED AS FORM: CITY ATTORNEY 20 ACTIVITY IDENTIFICATION Location a. Address: City wide 0. Legal: N/A Description Text amendments to Articles 8 & 10 of the zoninq ordinance with respect to the list of commercial uses permitted in each zone; the uses which require conditional use permits; standard conditions; and definitions of commercial uses. Sponsor a. Name: City of Hermosa Beach, Community Development Department, Planning Division b. Mailing Address: 1315 Valley Drive, Hermosa Beach, CA 90254 Phone: (310) 318-0242 NEGATIVE DECLARATION In accordance with Resolution 89-5229 of the City of Hermosa Beach, which implements the California Environmental Quality Act of 1970 in Hermosa Beach, the Environmental Review Committee must make an environmental review of all private projects proposed to be undertaken within the City, and the Planning Commission must make an environmental review of all public projects proposed to be undertaken within the City, which are subject to the Environmental Quality Act. This declaration is documentation of the review and, if it becomes final, no comprehensive Environmental Impact Report is required for this project. FINDING OF ENVIRONMENTAL REVIEW COMMITTEE e have undertaken and completed an Environmental Impact Review of this proposed project in accordance with Resolution -5229 of the City Council of Hermosa Beach, and find that this project does not require a comprehensive Environmental Impact Report because, pFev+ded4he-a#ached noti$a ea afe-imluded4n-the-pmiep�, it would not have a significant effect on the environment. Documentation supporting this finding is on file in the Community Development Department, Planning Division. 3' /c, � S 'z4 lu-x-k � Date of Finding Chairman, Environmental 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, pmyk d4#e-a#ached-rAAgatien measures-afe4PGWded4n4he-prefer it would not have a significant effect on the environment. Documentation supporting this finding is on file in the Community Development Department, Planning Division. y/r�9s Date of Finding Chairman, Planning Commission FINDING OF THE CITY COUNCIL We have undertaken and completed an Environmental Impact Review of this proposed project in accordance with Resolution 5229 of the City Council of Hermosa Beach, and find that this project does not require a comprehensive En nmental pact Report because,the#ached-mmitieq-measwes-afe s sect; it would not e a significant effect on the environment. Documentation supporting this finding is on fil in th o munity Develo ent Department, Planning Division. Date of Finding MWor, Hermosach C ouncil • 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. 95-1130 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 June, 1995, and was published in the Easy Reader newspaper on July 6, 1995. • The vote was as follows: AYES: Edgerton, Oakes, Reviczky, Mayor Bowler NOES: None ABSENT- Benz ABSTAIN: None DATED: July 6, 1995 0 • City of Hermosa Beach SUMMARY OF ORDINANCE NO. 95-1130 Prepared by City Attorney Michael Jenkins, June 6, 1995 SUMMARY OF ORDINANCE NO. 95-1130, AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND ARTICLES 8 AND 10 OF THE ZONING ORDINANCE, IN REGARD TO THE LIST OF COMMERCIAL USES PERMITTED AND CONDITIONALLY PERMITTED IN THE C-1, C-2, AND C-3 ZONES; TO AMEND ARTICLE 10, PERTAINING TO STANDARD CONDITIONS OF CONDITIONALLY PERMITTED USES; AND TO ADD A NEW DEFINITION SECTION FOR COMMERCIAL USES AND THE ADOPTION OF A NEGATIVE DECLARATION. This ordinance sets forth the specific purposes for commercial zones and adds the specific additional purposes of the Neighborhood, Downtown and General Commercial zones. The ordinance designates permitted and conditionally permitted uses in the commercial zones and adds a new process for streamlining reviews for an unlisted similar use designation by the Community Development Director prior to confirmation of the similar use designation by the City Council. The ordinance also revises and expands the definition section of the zoning ordinance. • PASSED, APPROVED AND ADOPTED this 27th day of June, 1995. by the following vote: AYES: Edgerton, Oakes, Reviczky, Mayor Bowler NOES: None AB SENT - Benz ABSTAIN: None John Bowler President of the City Council and Mayor of the City of Hermosa Beach, California ATTEST - Elaine Doerflinp City Clerk APPROVED AS TO FORM: Michael Jenkins City Attorney run legal: July 06, 1995 C7 PROOF OF PUBLICATION 0 (2015.5 C.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 parry to or interested in the above -entitled matter. I am the principal cleric 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 news- paper of general circulation by the Superior Court of the County of Los Angeles, State -of California, under the date of September 21, 1972, Case N umber SWC 22940, that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: 0 July 6 all in the year 1995 I certify (or declare) under penalty of perjury that the foregoing is true and correct - Dated at HERMOSA BEACH, CALIFORNIA, this 6th day of July , 1995 Signa e 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 LEGAL NOTICE ER Ref No HB AV i CITY OF HERMOSA BEACH SUMMARY OF ORDINANCE NO. 95-1130 Prepared by City Attorney Michael Jenkins, June 6, 1995 SUMMARY OF ORDINANCE NO. 95-1130, AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALk FORNIA, TO AMEND ARTICLES 8 AND 10 OF THE ZONING ORDI- NANCE, IN REGARD TO THE LIST OF COMMERCIAL USES PERMIT- TED AND CONDITIONALLY PER- MITTED IN THE C-1, C-2, AND C-3 ZONES; TO AMEND ARTICLE 10, PERTAINING TO STANDARD CON- DITIONS OF CONDITIONALLY PER- MITTED USES; ANDTOADDA NEW DEFINITION SECTION FOR COM- MERCIAL USES AND THE ADOP- TION OF A NEGATIVE DECLARA- TION. This ordinance sets forth the spe- cific purposes for commercial zones and adds the specific additional pur- poses of the Neighborhood, Down- town and General Commercial zones. The ordinance designates permitted and conditionally permitted uses in the commercial zones and adds a new process for streamlining reviews for an unlisted similar use designa- tion by the Community Development Director prior to confirmation of the similar use designation by the City Council. The ordinance also revises and expands the definition section of the zoning ordinance. PASSED, APPROVED AND ADOPTED this 27th day of June, 1995. by the following vote: AYES: Edgerton, Oakes, Reviczky, Mayor Bowler NOES: None ABSENT: Benz ABSTAIN:Nane Jahn Bowie President of the City Council and Mayor of the City of Hermosa Beach, California ATTEST: ' City Clerk APPROVED AS TO FORM: City Attorney ER7-6.95/HBL664 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. 95-1131 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RESTRICTING CONSTRUCTION ACTIVITY ON SATURDAYS AND SUNDAYS AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES ORDAIN AS FOLLOWS: Section 1. Chapter 19.5, Article III, Construction, Section 19.5-10(a), Construction of Buildings and Projects, of the Hermosa Beach Municipal Code is amended to read as follows: Section 19.5-10. Construction of Buildings and Projects. (a) It shall be 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, .22 caliber nailing gun, 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 7:00 p.m. and 8:00 a.m. of the next day, Monday through Friday; before 9:00 a.m. and after 5:00 p.m. on Saturday; and, before 10:00 a.m. and after 2:00 p.m. on Sunday and 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 Article I of this Chapter. The hours of operation, with name and telephone number of the general contractor, shall be posted on the job site at all times. 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 H 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 general circulation published and circulated, in the City of Hermosa Beach in the manner provided by law. Section 4. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 13th day of June, 1995 by the following vote: AYES: Benz, Edgerton, Oakes, Reviczky, Mayor Bowler NOES: None ABSTAIN: None ABSENT- None PRESIDE4 of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST - CITY CLERK APPROVED AS TO FORM: P R _ fr CITY ATTORNFY -2- • • 0 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. 95-1131 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 June, 1995, and was published in the Easy Reader newspaper on June 22, 1995. The vote was as follows: AYES: Benz, Edgerton, Oakes, Reviczky, Mayor Bowler NOES: None ABSENT- None ABSTAIN: None DATED: June 22, 1995 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. 95-1132 AN ORDINANCE OF THE CITY OF HERMOSA BEACH RELATING TO THE COLLECTION OF SOLID WASTE AND RECYCLABLES, AMENDING CHAPTER 27A OF THE HERMOSA BEACH MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES ORDAIN I AS FOLLOWS: SECTION 1. Chapter 27A of the Hermosa Beach Municipal Code is hereby revised by amending Section 27A-1 to read as follows: "27A-1. Definitions: A. For the purposes of this Chapter, the words, terms and phrases as defined in this section shall be construed as hereinafter set forth, unless it is apparent from the context that a different meaning is intended: 1. Bulky Goods. "Bulky Goods" shall mean oversized or overweight household articles placed curbside by a residential householder or owner, which oversized or overweight household articles have weights, volumes or dimensions which cannot be accommodated by solid waste containers for residential premises, such as stoves, refrigerators, water heaters, washing machines, furniture, sofas, mattresses, box springs, and large rugs. 2. City Manager. "City Manager" shall mean the City Manager of the City of Hermosa Beach ("City") or the City Manager's designee. 3. Collection. "Collection" shall mean the operation of gathering together within the City, and transporting by means of a motor vehicle to the point of disposal or processing, any solid waste or recyclables. 4. Collector. "Collector" shall mean any person (a) who has been awarded an exclusive contract to provide residential or commercial/industrial solid 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 N waste or recyclables collection services in the City, or (b) who has been issued a permit or nonexclusive contract to provide solid waste handling services to state facilities. 5. Commercial/Industrial Business Owner. "Commercial/industrial business owner" shall mean any person, firm, corporation or other enterprise or organization holding or occupying, alone or with others, commercial/industrial premises, whether or not it is the holder of the title or the owner of record of the commercial/industrial premises. 6. Commercial/Industrial Collector. "Commercial/industrial collector" shall mean a Collector which collects solid waste and recyclables from commercial/industrial premises. 7. Commercial/Industrial Premises. "Commercial/industrial premises" shall mean all occupied real property in the City, except property occupied by federal, state or local governmental agencies which do not consent to their inclusion, and except residential premises as defined in subsection 26 hereof, and shall include, without limitation, wholesale and retail establishments, restaurants and other food establishments, bars, stores, shops, offices, industrial establishments, manufacturing establishments, service stations, repair, research and development establishments, professional, services, sports or recreational facilities, construction and demolition sites, a multiple dwelling containing five (5) or more dwelling units, and any other commercial or industrial business facilities, structures, sites, or establishments in the City. 8. Construction Site or Demolition Site. "Construction site or Demolition site" shall mean any real property in the City in, on or from which a building or structure is being fabricated, assembled, erected or demolished, and which produces construction or demolition solid waste which must be -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 removed from the property, and requires the use of commercial refuse containers. 9. Construction or Demolition Waste. "Construction or Demolition waste" shall mean any solid waste or debris generated as the result of construction or demolition, including without limitation, discarded packaging or containers and waste construction materials, whether brought on site for fabrication or used in construction or resulting from demolition, excluding liquid waste and hazardous waste. 10. Disposal. "Disposal" shall mean the complete operation of treating and disposing of solid waste after the collection thereof. 11. Exclusive Solid Waste Handling Services. "Exclusive solid waste handling services" shall mean any action by the City Council, whether by franchise, contract, license, permit, or otherwise, whereby the City itself, or one or more other local agencies or solid waste enterprises, has the exclusive right to provide solid waste handling services of any class or type within all or any part of the territory of the City. 12. Green Waste or Yard Waste. "Green Waste" or "Yard Waste" shall mean leaves, grass clippings, brush, branches and other forms of organic materials generated from landscapes or gardens, separated from other solid waste. "Compostable Materials" does not include stumps or branches exceeding four (4) inches in diameter or four (4) feet in length. 13. Hazardous Waste. "Hazardous Waste" shall mean and include waste defined as hazardous by Public Resources Code Section 40141 as it now exists or may subsequently be amended, namely, a waste or combination of wastes, which because of its quantity, concentration, or physical, chemical or infectious characteristics, may do either of the following: (i) cause or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; -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 (ii) pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed. "Hazardous waste" includes extremely hazardous waste and acutely hazardous waste, and any other waste as may hereafter from time to time be designated as hazardous by the Environmental Protection Agency ("EPA") or other agency of the United States Government, or by the California Legislature or any agency of the State of California empowered by law to classify or designate waste as hazardous, extremely hazardous or acutely hazardous. 14. Holiday. "Holiday" shall mean: New Year's Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day "Holiday" shall also mean any other day designated as such in a contract between a Collector and the labor union serving as the exclusive representative of that Collector's employees, provided the holiday is established or recognized by resolution of the City Council. 15. In the City or Within the City. "In the City" or "Within the City" shall mean within the limits of the City as such limits exist on the effective date of this Chapter or may thereafter exist by virtue of the annexation of territory to or detachment of territory from the limits of the City. 16. Manure. "Manure" shall mean the waste droppings from any animal. 17. Person. "Person" shall mean any individual, association, firm, partnership, corporation, or any other group or combination thereof acting as a unit. 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 N 18. Processing. "Processing" shall mean the reduction, separation, recovery and conversion of solid waste. 19. Public Agency. "Public agency" shall mean any governmental agency or department thereof, whether federal, state, or local. 20. Recyclables. "Recyclables" shall mean materials generated on or emanating from residential or commercial/industrial premises and no longer useful or wanted thereon, such as: glass bottles and jars - any food or beverage container (excluding ceramics and chemical containers); aluminum - cans, foil, pie tins and similar items (excluding dirt or organic material); steel or bi-metal cans not to exceed one (1) gallon size; PET - plastic soda bottles or other bottles with the designated "PET" symbol; HDPE -- plastic milk and water bottles with the designated "HDPE" symbol (excluding detergent or bleach bottles and other plastic products); newspaper; cardboard - separated and not having waxed surfaces; computer print out (excluding carbon); and white ledger - white bond paper, office paper, white envelopes (excluding coated paper); as the City Council may designate from time to time. 21. Recycline. "Recycling" shall mean the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. Recycling does not include transformation as defined in Public Resources Code Section 40201, 22. Recyclinls Container. "Recycling container" shall mean a container which is provided to residential premises for use in collecting and moving recyclables to curbside for collection by the Collector, or a container -5- • 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 which is provided to commercial/industrial premises for use by the Collector in collecting and moving recyclables. 23. Residential Collector. "Residential Collector" shall mean a Collector which collects solid waste and recyclables from residential premises. 24. Residential Householder. 'Residential householder" shall mean any person or persons holding or occupying residential premises in the City, whether or not the owner of the residential premises. 25. Residential Owner. 'Residential owner" shall mean the owner of any residential premises within the City. 26. Residential Premises. 'Residential premises" shall mean any residential dwelling unit within the City, including, without limitation, multiple unit residential complexes, such as rental housing projects, condominiums, apartment houses, mixed condominiums and rental housing, and mobilehome parks, except any multiple dwelling containing five (5) or more dwelling units. 27. Resource Recovery. 'Resource recovery" shall mean any use of solid waste collected pursuant to this Chapter, except for landfill disposal or transfer for landfill disposal. 'Resource recovery" shall include, but is not limited to, transformation, composting, and multi -material recycling 28. Solid Waste. "Solid waste" shall mean all putrescible and nonputrescible solid and semisolid wastes, generated in or upon, related to the occupancy of, remaining in or emanating from residential premises or commercial/industrial premises, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, discarded home and industrial appliances, manure, vegetable or animal solid or semisolid wastes, and other solid and semisolid wastes, as defined in Public Resources Code Section 49503, excluding liquid wastes and 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 0 27 28 29. 30. 31. abandoned vehicles; provided, however, that "solid waste" shall not include hazardous waste. Solid Waste Container. "Solid waste container" shall mean any vessel, tank, receptacle, box or bin permitted to be used for the purpose of holding solid waste for collection. Solid Waste Enterprise. "Solid waste enterprise" shall mean any individual, partnership, joint venture, unincorporated private organization, or private corporation regularly engaged in the business of providing solid waste handling services. Solid Waste Handling Services. "Solid waste handling services" shall mean the collection, transportation, storage, transfer, or processing of solid wastes for residential or commerciaUindustrial users or customers. 32. Standard Commercial/Industrial Solid Waste Container. "Standard commercial/industrial solid waste container" shall mean a state-of-the-art bin or solid waste container used in connection with commercial/industrial premises with a 2, 3, 4, 6 or 8 cubic yard capacity, designed for mechanical pick-up by collection vehicles and equipped with a lid, or where appropriate for the commercial/industrial premises being served, a 15, 25, 30, 40 or 50 cubic yard roll -off box or compactor, and shall include other types of containers suitable for the storage and collection of commercial/industrial solid waste if approved in writing by the City Manager, B. Nothing contained in this section shall be deemed to preclude the City and any solid waste enterprise from incorporating into any agreement for exclusive solid waste handling services definitions relating to their respective contractual rights and obligations which may differ from or augment those set forth herein." SECTION 2. Chapter 27A of the Hermosa Beach Municipal Code is hereby revised by amending Section 27A-2 to read as follows: -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 0 27 28 "27A-2 Authorization by City Council; Contract Requirement. The City Council may authorize, by contract, a solid waste enterprise to provide solid waste handling services for residential, commercial/industrial users or customers. In the sole discretion of the City Council, the solid waste handling services may be authorized on an exclusive or non- exclusive basis, and with or without competitive bidding, and may relate to any class or type of solid waste within all or any part of the territory of the City. No person shall collect or dispose of solid waste or recyclables in the City unless that person has entered into a contract (the "Collector Agreement") with the City, except as otherwise specifically provided in this Chapter, Any such contract shall be in addition to any business license or permit otherwise required by this Code. No permit issued by any other governmental agency authorizing collection of solid waste or recyclables shall be valid in the City. Collectors operating in the City on the effective date of this Chapter under a permit or a nonexclusive contract agreement may continue to operate only until the rights thereunder are terminated or revoked, or until such rights expire pursuant to the provisions of Section 49520 of the Public Resources Code. 27A-2.1. Contents. The terms and provisions of any Collector Agreement for solid waste handling services may relate to or include, without limitation, the following subject matters: C. The nature, scope and duration of the Agreement. D. The collection schedule, including the frequency, days and hours of collection. E. The applicable franchise fee, including the amount, method of computation, and time for payment. F. The applicable rates, fees and charges for regular, special and emergency collection services, including the method of setting and adjusting same, and the responsibility for billing and collecting same. G. Collection vehicles, including the permissible size and color, and any required identification, safety equipment, maintenance, inspection, and operational requirements. -8- • 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 H. The receipt, processing and reporting of customer inquiries and complaints. I. The collection of solid waste from publicly -owned property and facilities. I Performance standards for the Collector's personnel and equipment. K. Solid waste and recycling containers, including size, repair or replacement, handling, placement, obligations of the Collector to provide, and permissible charges therefor, L. Standards and procedures for periodic performance reviews by the City. M. Noise attenuation policies and procedures. N. The maintenance by the Collector of an office for the conduct of business. O. Policies and procedures relating to the noncollection of solid waste, the composting of green waste, the collection of recyclables, and resource recovery. P. Requirements relating to comprehensive liability insurance and workers' compensation insurance. Q. Requirements relating to the dissemination of information to the public concerning regular and special solid waste collection and recycling services. R. Actions or omissions constituting breaches or defaults, and the imposition of applicable penalties, liquidated damages, and other remedies, including suspension, revocation or termination. S. Requirements relating to performance bonds and to indemnification. T. Requirements relating to affirmative action programs. U. Requirements relating to recordkeeping, accounting procedures, reporting, periodic audits, and inspection of records. V. Requirements relating to the assignment, transfer and renewal of the Agreement. W. Requirements relating to compliance with and implementation of state and federal laws, rules or regulations pertaining to solid waste handling services, and to the implementation by the City of state -mandated programs, including, without limitation, the City's "Source Reduction and Recycling Element" and the City's "Household Hazardous Waste Element." -9- • 1 2 3 4 s 6 7 8 9 10 11 12 13 • 14 li 1s 16 17 18 19 20 21 22 23 24 25 26 27 28 X. Such additional requirements, conditions, policies and procedures as may be mutually agreed upon by the parties to the Collector Agreement and which will, in the judgment and discretion of the City Council, best serve the public interest and protect the public health, safety and welfare. 27A-2.2. Collector Franchise Fee. Each Collector shall pay a franchise fee in an amount determined by resolution of the City Council or established in the Collector Agreement authorizing the collection of solid waste or recyclables. 27A-2.3. Resolution of Conflicts. In the event of any conflict between the provisions of a Collector Agreement which is authorized and approved by the City Council and the provisions of this Chapter, the provisions of the Collector Agreement shall control. 27A-2.4. Permits and Licenses. Every Collector shall obtain and maintain at all times during the Collector's operations a business license issued by the City, and all applicable permits and licenses required by any public agency having jurisdiction. 27A-2.5. Transfer of Collector Agreement. No permit or Collector Agreement which is authorized by, subject to, or issued under the provisions of this Chapter shall be transferred, delegated, sublet, subcontracted to or assigned to another person without the prior approval of the City Council. This restriction includes the transfer of ownership or the majority of the ownership or control in the Collector, and the transfer of a majority of stock in Collector to another person. 27A-2.6. Revocation of Permit or Collector Agreement. After a hearing as provided in this Chapter, the City Manager may revoke or suspend any collection permit or Collector Agreement for violation of a provision of this Chapter or any other applicable law, ordinance, or regulation of any public agency. 27A-2.7. Interim Suspension. The City Manager, without a hearing, may suspend a Collector Agreement or a permit for not more than 60 days, if the City Manager finds that continued operation by the Collector will constitute a threat to the public health, safety, or general welfare. ///' T�� • 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 27A-2.8. Notice of Hearing; Revocation. The City Manager shall mail notice of a hearing to revoke a collection permit or Collector Agreement to the Collector not less than 15 days prior to such hearing. In the event of the revocation of a Collector Agreement or a permit, the City Manager shall notify the Collector in writing of the reasons therefor. Notification may be made in person or by mail. 27A-2.9. Appeals. Within fifteen (15) calendar days after notice by the City Manager of revocation of a collection permit or Collector Agreement has been sent to the Collector, the Collector may file with the City Clerk an appeal of such decision to the City Council. 27A-2.10. Council Action. The City Council may either affirm the action of the City' Manager, send the matter back to the City Manager for further consideration, or set the matter for hearing by the City Council. If the City Council sets the matter for hearing, it shall base its action upon the standards delineated in Section 27A-2.6. Notice of such hearing shall be sent to the Collector not less than 15 days prior to the hearing." Section 3. Chapter 27A of the Hermosa Beach Municipal Code is hereby revised by amending Section 27A-5 to read as follows: "27A-5. Vehicle and Equipment Standards. 27A-5.1. Vehicle Identification. No person may operate any vehicle for the collection of solid waste or recyclables other than a Collector who has a valid business license and solid waste collection Collector Agreement or permit and who has paid all required license, Collector Agreement, permit or other City charges. Each vehicle used by the Collector shall have an identification number printed or painted in legible numbers not less than five (5") inches in height in plain sight from four directions. 27A-5.2. Vehicle Standards. Any vehicle utilized for the collection, transportation or disposal of solid waste and/or recyclables shall comply with the following standards: A. Each vehicle shall be constructed and used so that no solid waste, oil, grease, or other substance will blow, fall or leak out of the vehicle. B. A broom and shovel shall be carried on each vehicle at all times. -11- • 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 C. Each vehicle shall comply with all applicable statutes, laws, or ordinances of any public agency. D. Each vehicle must be under seven (7) years of age unless specifically authorized in writing by the City Manager, E. Routine inspections by the California Highway Patrol shall be conducted annually and certificates for the inspection shall be filed annually with the City Manager. F. All vehicles shall at all times be kept clean and sanitary, in good repair and well and uniformly painted to the satisfaction of the City Manager, G. Each vehicle shall be equipped with watertight bodies fitted with close -fitting metal covers. H. The Collector's name or firm name and telephone number shall be printed or painted in legible letters not less than five (5") inches in height on both sides of all of Collector's vehicles used in the City. I. High intensity fog lamps shall be maintained on any vehicle eighty (80") inches or wider, which shall consist of two (2) red tail lamps in addition to the standard tail lamps. The fog lamps shall be used when visibility is less than fifty (50) feet. J. All equipment shall be maintained at all times in a manner to prevent unnecessary noise during its operation. K. As the Collector replaces existing equipment, the type and make of the new equipment shall be subject to prior approval by the City Manager. 27A-5.3. Operation of Equipment. All persons operating solid waste collection and transportation equipment shall do so in compliance with all applicable Federal, State and local laws and ordinances. Such vehicles shall not be operated in a manner which results in undue interference with normal traffic flows. No such vehicle shall be parked or left unattended on the public streets. No such vehicle shall be parked overnight on a public street or thoroughfare in the City. 27A-5.4. Compliance with Vehicle Standards. Any vehicle used in the collection or transportation of solid waste in the City shall, at all times, be maintained in accordance with all 12- • 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 the standards set forth in Section 27A-5.2 of this chapter, The use of a vehicle which fails to comply with each of the standards set forth in Section 27A-5.2 is prohibited. A Collector shall immediately remove any vehicle from collection service which fails, at any time, to conform to any of the standards recited in Section 27A-5.2 and shall not use that vehicle until it is repaired. Should the City Manager give notification at any time to a Collector that any of the Collector's' vehicles is not in compliance with the standards of this Chapter, the vehicle shall be immediately removed from service by the Collector, The vehicle shall not again be utilized in the City until it j has been inspected and approved by the City Manager, The Collector shall maintain its regular collection schedule regardless of the repair of any vehicle." Section 4. Chapter 27A of the Hermosa Beach Municipal Code is hereby revised by amending Section 27A-8 by adding Section 27A-8.1 as follows: "27A-8.1. Rates. The City Council may, by resolution, establish rates to be charged to residential householders or owners and to commercial/industrial business owners for the collection of solid waste and recyclables. The City Council may, by resolution, establish or adjust the rates charged by those Collectors which, upon the effective date of this Chapter, are operating in the City pursuant to permits or nonexclusive contract agreements. No Collector shall charge any rate or fee which is greater or less than the permissible maximum or minimum rate established by the City Council, unless otherwise authorized in this Chapter, Every commercial/industrial business owner and residential householder or owner shall pay the rates established from time to time by the City Council for collection services rendered pursuant to this Chapter in the manner set forth in Section 27A-8. The City Council shall establish such rate categories as may be appropriate for collection services provided by any commercial/industrial Collector, " SECTION 5. Chapter 27A of the Hermosa Beach Municipal Code is hereby revised by adding Section 27A-9 as follows: "27A-9. Exclusions. 27A-9.1. Residential Householder Exclusion. No provision of this Chapter shall prevent residential householders from collecting and disposing of occasional loads of solid waste 13- • 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 generated in or on their residential premises, or from composting green waste, or from selling or disposing of recyclables generated in or on their residential premises; provided, however, that no residential householder shall employ or engage any solid waste enterprise, other than the residential Collector with a Collector Agreement, to haul or transport such materials to a transfer station or landfill. 27A-9.2. Gardener's Exclusion. No provisions of this Chapter shall prevent a gardener, tree trimmer or person engaged in a similar trade from collecting and disposing of grass cuttings, prunings, and similar material not containing other solid waste when incidental to providing such gardening, tree trimming or similar services. 27A-9.3. Commercial/Industrial Exclusions. A. Source Separated Recyclables. 1. No provision of this Chapter shall prevent a commercial/industrial business owner from selling to a buyer, for a monetary or other valuable consideration, any source separated recyclables, including without limitation, any saleable scrap, discard, reject, by-product, ferrous or non- ferrous metal, wornout or defective part, junk, pallet, packaging material, paper or other similar item generated in, on or by a commercial/industrial premises or business, and no longer useful to such commercial/ industrial business but having market value, whether such buyer is a recycler, junk dealer, or other enterprise engaged in the business of buying and marketing such materials in the stream of commerce; provided, however, that such buyer is not engaged in the business of collecting solid waste for a fee or other charge or consideration, and that no such materials are transported for disposition to a landfill or transfer station (as defined in Public Resources Code Section 40200). Source separated recyclables within the meaning of this section shall mean recyclables separated on the commercial/industrial premises from solid waste for the purpose of sale, -14- • 1 2 3 4 s 6 7 8 9 10 12 13 • 14 1s 16 17 18 19 20 21 22 23 24 2s 26 • 27 28 /// not mixed with or containing more than incidental or minimal solid waste, and having a market value. 2. No provision of this Chapter shall prevent a recycler, junk dealer or other enterprise engaged in the business of buying and marketing such materials in the stream of commerce and which is not engaged in the business of collecting solid waste or providing solid waste collection services for a fee or other charge, or consideration, from buying any materials referenced in this paragraph A for a monetary or other valuable consideration, and which buys such materials for marketing and not for disposition in a landfill or transfer station (as defined in Public Resources Code Section 40200); nor shall any provision of this Chapter prevent such recycler, junk dealer or enterprise which buys such materials from removing and transporting such materials to a destination for marketing in the stream of commerce. No such buyer shall buy or transport such materials without prior authorization from the City, as required by this Code, whether in the form of a business license, a business permit, or a nonexclusive contract agreement. B. Renovation, Rebuilding, Repairs. No provision of this Chapter shall prevent a commercial/industrial business owner from arranging for any worn, spent, or defective equipment, or part thereof, used in such commercial/industrial business and requiring renovation, rebuilding, recharging, regeneration or repair, to be picked up, renovated, rebuilt, recharged, regenerated or otherwise restored and repaired and returned to such commercial/industrial business owner; nor shall any provision of this Chapter prevent any person engaged in the business of renovating, rebuilding, recharging, regenerating, or otherwise restoring or repairing such equipment or part thereof, from transporting the same from or returning it to the commercial/industrial 15- • 1 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 I6 17 18 19 20 21 22 23 24 25 26 . 27 28 business, or from removing, transporting or disposing of any such equipment, or part thereof, replaced in connection with an equipment repair or service contract. 27A-9.4. Contractors' Exclusions. No provision of this Chapter shall prevent a licensed contractor having a contract for the demolition or reconstruction of a building, structure, pavement, or concrete installation from marketing any saleable items salvaged from such demolition or reconstruction, or from causing such salvageable items or demolition waste to be removed and transported from the premises on which such waste is generated, pursuant to the provisions of the demolition or construction contract; provided, however, that if a subcontractor is to be engaged to remove such demolition waste, the exclusive contract Collector shall have the right of first refusal to provide such services. If the exclusive contract Collector cannot guarantee that such services will be provided within a period of twenty-four (24) hours, then the City Manager may authorize the licensed contractor or the owner of the premises to utilize the services of another duly authorized solid waste enterprise. 27A-9.5. Document Destruction Service. No provision of this Chapter shall prevent any person engaged in the business of destroying or disposing of secret, confidential or sensitive documents from transporting or disposing of such documents by shredding, lumping, incinerating, or other means, as a part of such document destruction or disposal service. SECTION 6. Chapter 27A of the Hermosa Beach Municipal Code is hereby revised by adding Section 27A-10 as follows: "27A-10. General Provisions. 27A-10.1. Mandatory Service. A All solid waste collected from residential or commercial/industrial premises for a fee, service charge, or other consideration, shall be collected by a solid waste enterprise under the provisions of an exclusive contract awarded by the City Council ("Authorized Collector"). B. No person, firm, corporation or solid waste enterprise, other than those referenced in paragraph A above, shall negotiate or contract for, undertake to receive, collect or transport 16- • 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 solid waste from within the City for a fee, service charge or other consideration therefor, except as specifically provided herein. C. Except as otherwise provided in this Chapter, each residential owner and commercial/industrial business owner shall utilize the services of the Authorized Collector for the collection of solid waste from the residential or commercial/ industrial premises held or occupied by such owner and shall pay for such services the fees approved by the City Council. No residential or commercial/industrial business owner shall enter into an agreement for solid waste handling services with any person, firm, or corporation other than the Authorized Collector, except as otherwise provided in this Chapter, D. Nothing in this Chapter shall prevent a commercial/industrial business which has its own', recycling or resource recovery program for recyclables generated by such business and not utilizing a solid waste enterprise which provides collection services for a fee, service charge, or other consideration, from continuing such recycling or resource recovery program, and the recyclables included in such program are excepted from the exclu-sive contract between the City and the Authorized Collector, 27A-10.2. Litter, Any person who deposits or causes to be deposited any solid waste or recyclables on the public right-of-way or on private property within public view, except in a container provided therefor as herein specified, shall immediately clean up, contain, collect and remove same. 27A-10.3. Transfer of Loads on Public Streets. No person shall transfer solid waste or I recyclables from one collection vehicle to another on any public street or road unless such transfer is essential to the method of operation and is approved by the City Manager, or is necessary owing to mechanical failure or accidental damage to a vehicle. 27A-10.4. Hours of Collection. (a) No collection within the City shall be made between the hours of 6 p.m. and 7 a.m. Monday through Saturday or at any time on Sunday. (b) No delivery or removal of containers by a Collector may be made between the hours of 6:00 p.m. and 7:00 a.m. the next day. -17- 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 (c) The City Manager may waive the requirements of this Section when necessitated by conditions beyond the control of the collector, 27A-10.5. Resource Recovery. Every Collector shall, at all times, comply with City policies and programs with regard to solid waste recovery, reduction of solid waste and recycling of solid waste. 27A-10.6. Ownership. Subject to Public Resources Code Section 41950(c), at such time as the solid waste or recyclables are collected by the Collector, the solid waste or recyclables are the property of the Collector, 27A-10.7 Trespass. No person authorized to collect or transport solid waste or recyclables shall enter on private property beyond the extent necessary to collect the solid waste or recyclables, properly placed for collection. 27A-10.8. Worker's Compensation Insurance. Each Collector shall at all times provide, at its own expense, Workers' Compensation Insurance coverage for all employees. Each Collector shall file and maintain certificates with the Manager showing the insurance to be in full force and effect at all times the Collector shall have a permit issued by the City. 27A-10.9. Collector's Liability Insurance. Each Collector shall furnish the City a policy or certificate of comprehensive general and automobile liability insurance insuring the Collector against bodily injury, property damage and automobile liability in the sum of $10,000,000 combined single limits. These limits shall be subject to annual review by the City for the purpose' of reasonably adjusting to current insurance conditions and requirements. A greater amount may be required in the Collector Agreement. The insurance shall provide that the coverage is primary and that any insurance maintained by the City shall be excess insurance, shall be procured from an insurer authorized to do business in the State of California, shall name the City of Hermosa Beach and its officers, employees and agents as additional insureds and shall not be canceled or modified without first giving to City thirty (30) days' prior written notice. 27A-10.10. City To Be Free From Liability. Any Collector or person who collects, transports, or disposes of solid waste or recyclables within the City shall indemnify, defend, and hold harmless the City and its officers, employees, and agents against any and all claims, -18- • 1 2 3 4 5, 6 7 8i 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties and reasonable attorneys fees, that the City shall incur or suffer, which arise, result from or relate to the collection, transportation, or disposal of solid waste or recyclables by that person. 27A-10.11. Office for Inquiries and Complaints. A. Any Collector with a Collector Agreement shall maintain an office at some fixed location and shall maintain a telephone at the office, listed in the current telephone directory in the firm name by which it conducts business in the City, and shall at all times during the hours between 7 a.m. and 5 p.m. of each weekday and between 7 a.m. and 5 p.m. on Saturday, have an employee or agent at that office to answer inquiries and receive complaints. The telephone number shall be a toll-free number from all portions of the City. B. The Collector shall maintain at the office a written log of all complaints/inquiries received. Such log shall contain the date of inquiry/complaint, the callers name, address and telephone number, the nature of the complaint/inquiry, the action taken or the reason for non- action, and the date such action was taken. All inquiries and complaints shall be promptly answered or responded to and/or dealt with to the satisfaction of the City. Such log of complaints and other records pertaining to solid waste and recyclable collection and disposal shall be open to the inspection of the City at all reasonable times and shall be maintained for a period of one year, Compliance with the requirements of this section are conditions to any permit or Collector Agreement which is awarded by the City. 27A-10.12. Residential Premises -Care of Containers. Upon collection, all solid waste containers shall be replaced, by the Collector, upright, where found, with the lids replaced, and all recycling containers shall be replaced in an upright or upside down position, at the location where found by the Collector. 27A-10.13. Disposal and Status of Solid Waste. The Collector shall collect and dispose of all solid waste generated and presented for collection in conformity with the provisions of this Chapter, except as otherwise provided in this Chapter. Any such collection and disposal shall be in accordance with all applicable federal, state, and local laws and regulations and any controlling •19- • 1 2 3 4 s 6 7 8 9 10 12 13 • 14 is 16 17 18 19 20 21 22 23 24 25 26 • 27 28 permit or Collector Agreement between the Collector and the City. All solid waste collected by a Collector shall be the exclusive property of the Collector. 27A-10.14. Commercial/Industrial Frequency of Collection. The commercial/industrial Collector shall collect solid waste from commercial/industrial premises on a schedule which is agreed upon between the commercial/industrial business owner and the Collector. In no event shall such collection schedule permit the accumulation of solid waste in quantities detrimental to public health or safety. 27A-10.15. CommerciaVIndustrial-Containers. H. Every commercial/industrial business served by a Collector shall have the option to: I. A. Provide the necessary container or containers to accommodate solid waste generated from the commercial/ industrial business; or B. Use the standard commercial/industrial solid waste container or containers provided by the Collector, which containers are compatible with the Collector's collection equipment. Where a commercial/industrial business owner is served by an excepted Collector, such excepted Collector and business owner shall determine by private agreement who is to provide the container, I. Every Collector which provides any container or other equipment used for the storage of commercial/industrial solid waste shall: A. Place and maintain on the outside of such container, bin or other equipment, in legible letters and numerals not less than one inch in height, the Collector's business name and telephone number, in a color contrasting with the background color of the container; and B. Provide containers on casters or hasps or locks upon request by the commercial/industrial business owner, -20- • 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 27A-10.16. Commercial/Industrial-Maintenance and Placement of Containers. Solid waste containers provided by the Collector shall be maintained in a clean and sanitary condition by the Collector, Solid waste containers which are not provided by the Collector shall be maintained in a clean and sanitary condition by the commercial/industrial business owner, Every commercial/industrial business owner shall provide a solid waste container location on the commercial/industrial premises and shall keep the area in good repair, clean and free of refuse outside of the container. Every Collector shall remove any solid waste or litter that is spilled or deposited on the ground as a result of the Collector's emptying of the container or other activities of the Collector. 27A-10.17. Commercial/Industrial-Care of Containers. Upon collection of solid waste by the Collector, all containers shall be replaced, upright, where found, with the lids closed. No person, other than the owner thereof, shall in any manner, break, damage, roughly handle or destroy containers placed on the premises of a commercial/industrial business owner. 27A-10.18. Commercial/Industrial Special Circumstances. If particular commercial/industrial business premises require collections at times, frequencies or in a manner such that the Collector is unable to perform the collection in the normal course of business, or where unusual quantities of solid waste or special types of material are to be collected and disposed of, or where special methods of handling are required, or where the quantity of solid waste requires the use of multiple (more than three) containers, the Collector and the commercial/industrial business owner may make arrangements for such collection on mutually agreeable terms. If the business owner and the Collector do not agree as to the methods for the service provided for in this section, the City Manager shall determine the method of service. If the Collector is unable or unwilling to provide such service, the City Manager may authorize the business owner to use another solid waste enterprise for such special service until the Collector can provide such service in its normal course of business." SECTION 7. The City Clerk shall certify to the passage and adoption of this ordinance; shall -21- • 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 cause the same to be entered in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted. SECTION 8. The City Clerk shall cause a summary of this Ordinance to be prepared by the City Attorney and published as provided by law. The summary shall be published and a certified copy of the full tent of this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to the City Council meeting at which this Ordinance is to be adopted. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall cause a summary to be published with the names of those City Council members voting for and against this Ordinance and shall post in the Office of the City Clerk a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against the Ordinance. PASSED, APPROVED and ADOPTED this 25th day of July, 1995 by the following vote: Ayes: Edgerton, Oakes, Reviczky, Mayor Bowler Noes: Benz Absent: None Abstain: None of the City Council, and MAYOR of the City of Hermosa Beach, California J ATTEST - CITY CLERK / / I _22_ VED 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. 95-1132 was duly and regularly passed, approved and adopted by the City Council of the City of Hermosa Beach at a regular meeting held at the regular meeting place thereof on the 25th day of July, 1995, and was published in the Easy Reader newspaper on August 3, 1995. • The vote was as follows: AYES: Edgerton, Oakes, Reviczky, Mayor Bowler NOES: Benz AB SENT - None ABSTAIN: None DATED: August 3, 1995 Deputy City Clerk • PROOF OF PUBLICATION • (2015.5 C.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 news- paper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of September 21, 1972, Case NumberSWC22940, that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereofonthe following dates, to -wit • August 3 all in the year 1995. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, this 3rd day of August , 1995. Signatu EASY READER, INC. P.O. BOX 427 832 HERMOSA AVENUE, . HERMOSA BEACH, CA 90254 Telephone: (310) 372-4611 I -I Proof of Publication of: CITY OF HERMOSA BEACH LEGAL NOTICE ER Ref. No HBL668 r CITY OF HERMOSA BEACH SUMMARY OF ORDINANCE NO. 95-1132 Prepared by City Attorney Michael Jenkins, June 27, 1995 AN ORDINANCE OF THE CITY OF HERMOSA BEACH RELATING TO THE COLLECTION OF SOLID WASTE AND RECYCLABLES, AMENDING CHAPTER 27A OF THE HERMOSA BEACH MUNICIPAL CODE This ordinance amends Chapter 27A of the Hermosa Beach Munici- pal Code, relating to the collection of solid waste and recyclables. The ordinance revisesthe definitions used in Chapter 27A, authorizes the City Council to grant an exclusive waste collecandtioagreement, provides Stan. dards nkey Provisions to be in- cluded in an exclusive waste collec- tion agreement, and provides that (subject to certain exceptions) if an exclusive waste collection is granted, no person may collect or dispose of solid waste or recyclables in the City unless that person has entered into a Collector Agreement with the City. This ordinance also contains ve- hicle and equipment standards for solid waste collectors, authorizes the City Council to establish solid waste and recyclable collection rates, and contains standards for the collection of solid waste and recyclables. PASSED, APPROVED AND ADOPTED this 25th day ofJuly, 1995. by Me following vote: AYES: Edgerton, Oakes, Reviczky, Mayor Bowler NOES: None ABSENT:Benz ABSTAIN: None John Bowler President of the City Council and Mayor of the City of Hermosa Beach, California ATTEST: Iain Do Alin, City Clerk APPROVED AS TO FORM Michael Jenkins City Attorney ER8-3-951HBL668 PROOF OF PUBLICATION • (2015.5 C.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 parry 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 news- paper of general circulation by the Superior Court of the County of Los Angeles, Stateof California, under the date of September 21, 1972, Case NumberSWC 22940, that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has beenpublished in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: 0 July 6 all in the year 1995 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, this 6th day of July 1995 Signa e 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 LEGAL NOTICE ER Ref No HBL665 CITY OF HERMOSA BEACH SUMMARY OF ORDINANCE NO. 95.1132 AN ORDINANCE OF THE CITY OF HERMOSA BEACH RELATING TO THE COLLECTION OF SOLID WASTE AND RECYCLABLES_ AMENDING CHAPTER 27A OF THE HERMOSA BEACH MUNICIPAL CODE This ordinance amends Chapter 27A of the Hermosa Beach Municipal Code, relating to the collection of solid waste and recyclables. The ordinance revises the definitions used in Chapter 27A, authorizes the City Council to grant an exclusive waste collection agreement, provides stan- dards and key provisions to be in- cluded in an exclusive waste c6llec- tion agreement, and provides that (subject to certain exceptions) if an exclusive waste collection is granted, no person may collect or dispose of solid waste or recyclables in the City unless that person has entered into a Collector Agreement with the City. This ordinance also contains ve- hicle and equipment standards for solid waste collectors, authorizes the City Council to establish solid waste and recyclable collection rates, and contains standards for the collection of solid waste and recyclables. The above summary of Ordinance No. 95-1130 was prepared for publi- cation by the City of Hermosa Beach City Attorney, Michael Jenkins. The Ordinance will return to the CityCoun- cil for adoption at the regular meeting of July 11, 1995. Elaine Doerfling, City Clerk ER7-6-95/HBL665 ,a • 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. 95-1133 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 30, TAXATION, ARTICLE VL UTILITIES TAX, SECTION 30-46, RELATING TO TELEPHONE TAX. WHEREAS, the City has conducted a review of the utility user tax relating to telephone charges; WHEREAS, the City's utility user tax relating to telephone charges currently is applied only to intrastate calls; WHEREAS, there is no limitation on applying the tax to interstate telephone calls; WHEREAS, a review of thirty-seven (37) cities reflect that at least 81% of the cities reviewed currently apply the utility user tax on interstate, intrastate, and international telephone communication services. In addition, 65% apply the tax on cellular telephone communications when the owner or lessee of the telephone has a billing address within the City; WHEREAS, the City will increase revenues by subjecting interstate, international, and cellular telephone communications to the City's utility user tax; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 30, Taxation, Article VI. Utilities Tax, Section 30-44 is hereby amended to add the following definition: "Telephone Communication Services" shall mean services which provide access to a telephone system and the privilege of telephone communication with substantially all persons having telephone stations which are part of such telephone system. The term "telephone communication services" includes digital and cellular telephone service, when the owner or lessee of the telephone has a billing address in the City, but does not include 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 other forms of land mobile service or maritime mobile services as defined in Section 2.1 1 of Title 47 of the code of Federal Regulations." SECTION 2. Chapter 30, Taxation, Article VI. Utilities Tax, Section 30-46 (a), relating to Telephone Tax is hereby amended to read "There is hereby imposed a tax upon every person in the city, other than a telephone corporation, using intrastate, interstate, or international telephone communication services in the City. The tax imposed by this section shall be at the rate of ten (10%) percent of all charges made for such service and shall be paid by the person paying for such services." SECTION 3. Chapter 30, Taxation, Article VI. Utilities Tax, Section 30-46 (c), relating to Telephone Tax is hereby amended to read; "Notwithstanding the provisions of subsection (a), the tax imposed under this section shall not be imposed upon any person for using telephone communication services to the extent that the amounts paid for such services are exempt from or not subject to the tax imposed under Division 2, Part 20 of the California Revenue and Taxation Code or the tax imposed under Title 26, Section 4251 of the United States Code." SECTION 4. Chapter 30, Taxation, Article VI. Utilities Tax, Section 30-46 (d), relating to Telephone Tax is hereby amended to read; "The tax imposed by this section shall be collected from the service user by the person providing or receiving payment for the telecommunication services. The amount of the tax collected in one (1) month shall be remitted to the tax administrator on or before the last day of the following month; or the amount of tax collected in one (1) month shall be remitted to the tax administrator on or before the last day of the following month; or at the option of the person required to collect and remit the tax, an estimated amount of tax collected, measured by the tax bill in the previous month, shall be remitted to the tax administrator on or before the last day of each month." SECTION 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason is held to be invalid, such invalidity shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council of the City of Hermosa Beach hereby declares that it would have -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 passed each section, subsection, subdivision paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. SECTION 6. Effective Date This ordinance relates to taxes for the usual and current expenses of the City and, pursuant to Government Code Section 36937, shall take effect immediately. PASSED, APPROVED and ADOPTED this 11th day of July, 1995 by the following vote: Ayes: Edgerton, Reviczky, Mayor Bowler Noes: Benz Absent: Oakes Abstain: None / �- PRESIDENT o e City Council, and MAYOR of the City of Hermosa Beach, California ATTEST- APPROVED AS TO FORM CITY CLERK CITY ATTORNEY -3- • 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. 95-1133 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 day of July, 1995, and was published in the Easy Reader newspaper on July 20, 1995. 0 The vote was as follows: AYES: Edgerton, Reviczky, Mayor Bowler NOES: Benz ABSENT- None ABSTAIN: Oakes DATED: July 20, 1995 0 0 • PROOF OF PUBLICATION (2015.5 C.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 cleric 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 news- paperof general circulation by the SuperiorCourt of the County of Los Angeles, Stateof California, under the date of September 21, 1972, Case NumberSWC 22940, that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereofon the following dates, to -wit: Julv 20 all in the year 1995. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Datedat HERMOSA BEACH, CALIFORNIA, this 2 0th day of July 1995. Sign6le 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 LEGAL NOT ER Ref No 0L666 0 ra o r CITY OF HERMOSA BEACH ORDINANCE NO. 95.1133 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 30, TAXATION, ARTICLE VI. UTILITIES TAX, SECTION 30-46, RELATING TO TELEPHONE TAX. WHEREAS, the City has con- ducted a review of the utility user tax. relating to telephone charges; WHEREAS, the City's utility user imposed by this section shall be col - tax relating to telephone charges lected from the service user by the currently is applied only to intrastate person providing or receiving pay - calls; ment for the telecommunication ser - WHEREAS, there is no limitation vices. The amount of the tax col- on applying the tax to interstate tele- lected in one (1) month shallbe remit - phone calls; ted to the tax administrator on or WHEREAS, a review of thirty- before the last day of the following seven (37) cities reflect that at least month; or the amount of tax collected 81% of the cities reviewed currently in one (1) month shall be remitted to apply the utility usertax on interstate, the tax administrator on or before the intrastate,and intemationaltelephone last day of the following month; or at communication services. In addi- the option of the person required to tion, 650/6 apply the tax on cellular collect and remit the tax, an esti- telephone communications when the mated amount of tax collected, mea - owner or lessee of the telephone has sured by the tax bill in the previous a billing address within the City; month, shall be remitted to the tax WHEREAS, the City will increase administrator on or before the last revenues by subjecting interstate, day of each month. international, and cellular telephone SECTION 5. Severability. If any communications to the City's utility section, subsection, subdivision, usertax; paragraph, sentence, clause or NOW, THEREFORE, THE CITY phrase of this Ordinance or any part COUNCIL OF THE CITY OF HER- thereof is for any reason is held to be MOSA BEACH, CALIFORNIA DOES invalid, such invalidity shall not af- HEREBY ORDAIN AS FOLLOWS: tett the validity of the remaining por- SECTION 1. Chapter 30, Taxa- tion of this Ordinance or any part tion, Article VI. Utilities Tax, Section thereof. The City Council of the City 30-44 is hereby amended to add the of Hermosa Beach hereby declares following definition: that i1 would have passed each sec, "Telephone Communication Ser- tion, subsection, subdivision para - vices" shall mean services which pro- vide access to a telephone system and the privilege of telephone com- munication with substantially all per- sons having telephone stations which are part of such telephone system. The term "telephone communication services" includes digital and cellular telephone service, when the owner or lessee of the telephone has a billing address in the City, but does not include other forms of land mo- bile service or maritime mobile ser- vices as defined' in Section 2.1 of Title 47 of the code of Federal Regu- lations." SECTION 2. Chapter 30, Taxa- tion, Article VI. Utilities Tax, Section 30-46 (a), relating to Telephone Tax is hereby amended to read "There is hereby imposed a tax upon every person in the city, other than a tele- phone corporation, using intrastate. interstate, or international telephone communication services in the City. The tax imposed by this section shalt be at the rate of ten (10%) percent of r all charges made for such service an hall be paid by the person pay- ing for such services." SECTION 3. Chapter 30, Taxa- tion, Article VI. Utilities Tax, Section 30-46 (c), relating to Telephone Tax is hereby amended to read; "Notwith- standing the provisions of subsec- tion (a), the tax imposed under this section shall not be imposed upon any person for using telephone com- munication services to the extent that the amounts paid for such services are exempt from or not subject to the tax imposed under Division 2, Part 20 of the California Revenue and Taxation Code or the tax imposed under Title 26, Section 4251 of the United States Code." SECTION 4. Chapter 30, Taxa- tion, Article VI. Utilities Tax, Section 30-46 (d), relating to Telephone Tax is hereby amended to read;'The tax graph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsec- tions, subdivisions, paragraphs, sen- tences, clauses or phrases be de- clared invalid. SECTION 6. Effective Date This ordinance relates to taxes for the usual and current expenses of the City and, pursuant to Government Code Section 36937, shall take ef- fect immediately. PASSED, APPROVED and ADOPTED this 11th day, of July,1995 by the following vote: Ayes: Edgerton, Reviczky, Mayor Bowler Noes: Benz Absent: Oakes Abstain: None John Bowler PRESIDENT of the City Council, and MAYOR of the City of Hermosa Beach, California ATTEST: CITY CLERK APPROVED AS TO FORM CITY ATTORNEY ER7-20-951HBL666 • 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. 95-1134 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RELATING TO PLAN REVIEW FEES AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE THE CITY OF HERMOSA BEACH DOES ORDAIN AS FOLLOWS: SECTION 1. Section 7-1.3(c) of Article I, Chapter 7, is amended to read as follows: (c) When a plan or other data are required to be submitted by subsection (b) of Section 302, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fees shall be 80% of the building permit fee. The plan review fees specified in this subsection are separate fees from the permit fees specified in Section 304(a) and are in addition to the permit fees. Where plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged at the rate indicated in the executive order, PASSED, APPROVED, and ADOPTED this 25th day of July, 1995 by the following vote: Ayes: Benz, Edgerton, Oakes, Reviczky, Mayor Bowler Noes: None A1. ,. ,..tea. AT --- ATTEST- APPROVED AS TO FORM CITY CLERK CITY ATTORNE 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. 95-1134 was duly and regularly passed, approved and adopted by the City Council of the City of Hermosa Beach at a regular meeting held at the regular meeting place thereof on the 25th day of July, 1995, and was published in the Easy Reader newspaper on August 3, 1995. • The vote was as follows: AYES: Benz, Edgerton, Oakes, Reviczky, Mayor Bowler NOES: None AB SENT - None ABSTAIN: None DATED: August 3, 1995 Deputy City Clerk 0 PROOF OF PUBLICATION • (2015.5 C.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 news- paper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of September 21, 1972, Case Number SWC 22940, that the notice, of which the annexed is a printed copy (set in type not smaller thannonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit • August 3 all in the year 1995. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, this 3rd day of August , 1995. Slgnatur 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 LEGAL NOTICE ER Ref. No. HBL667 d1 .e CITY OF HERMOSA BEACH ORDINANCE NO. 951134 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RELATING TO PLAN REVIEW FEES AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE THE CITY OF HERMOSA BEACH DOES ORDAIN AS FOLLOWS: SECTION 1. Section 7-1.3(c) of Article I, Chapter 7, is amended to read as follows: (c) When a plan or other data are required to be submitted by subsec- tion (b) of Section 302, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review tees shall be 80% of the building permit fee. The plan review fees specified in this subsection are separatefeestrom the permit fees specified in Section 304(a) and are in addition to the per- mit fees. Where plans are incomplete or changed so as to require additional plan review, an additional plan re- view fee shall be charged at the rate indicated in the executive order. .PASSED, APPROVED, and ADOPTED this 25th day of July,1995 by the following vote: Ayes: Benz, Edgerton, Oakes, Reviczky, Mayor Bowler Noes: None Absent: None Abstain: None John Bowler PRESIDENT of the CityCouncil, and MAYOR of the City of Hermosa Beach, California ATTEST: Elaine Doerfling CITY CLERK APPROVED AS TO FORM Michael Jenkins CITY ATTORNEY ER&3-9511-1131-667 • • • 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. 95-1135-U AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, LEVYING A CROSSING GUARD SERVICES SPECIAL TAX THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Pursuant to the authority of Article XI, Section 7 of the California Constitution and Government Code Section 53978, there is hereby levied and assessed a special tax by the City of Hermosa Beach on each parcel of property in the City of Hermosa Beach for each fiscal year, commencing with fiscal year 1996-97 SECTION 2. Subject to adjustments made pursuant to Section 8 below, the maximum amount of said special tax for each fiscal year shall be $9 per residential dwelling unit for a residential parcel, $81 per non-residential parcel with a lot area of more than one acre, and $9 per each 1/8 acre of lot area, or portion thereof, for each non-residential parcel with a lot area of one acre or less. SECTION 3. (a) "Fiscal year" as used in this ordinance means the period starting on July I and ending the following June 30. (b) "Lot area" as used in this ordinance means the total area of a parcel, based upon the records of the Los Angeles county Assessor as of March 1 of the preceding fiscal year, (c) "Non-residential parcel" as used in this ordinance shall mean a parcel, which, according to the records of the Los Angeles County Assessor as of March 1 of the preceding fiscal year, is not designated for residential use. (d) "Parcel" as used in this ordinance shall mean any Los Angeles County Assessor's Parcel that is within the boundaries of the City based on the Los Angeles County equalized tax roll. yl - • • • • 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 (e) "Residential dwelling unit" as used in this ordinance shall mean any single family residence, multiple family or mobile home residential unit. (f) "Residential parcel" as used in this ordinance shall mean a parcel, which, according to the records of the Los Angeles County Assessor as of March 1 of the preceding fiscal year, is designated for residential use. SECTION 4. The special tax imposed by this ordinance shall be collected in the same manner, on the same dates, and shall be subject to the same penalties and interest as other charges and taxes fixed and collected by the County of Los Angeles on behalf of the City of Hermosa Beach. Said special tax, together with all penalties and interest thereon, shall constitute a lien upon the parcel upon which it is levied until it has been paid, and said special tax, together with all penalties and interest thereon, shall, until paid, constitute a personal obligation to the City of Hermosa Beach by the persons who own the parcel on the date the tax is due. SECTION 5. The revenue raised by the special tax imposed by this ordinance shall be placed in a special fund to be used only for the purposes of obtaining, providing, operating and maintaining crossing guard services, including equipment acquisition and special services and programs, for the City of Hermosa Beach and administrative expenses incurred by the city in connection therewith. SECTION 6. The City Council, by three (3) affirmative votes, is empowered to establish the amounts of the special tax levy annually each fiscal year, in amounts not to exceed the maximum amounts specified in Section 2 of this ordinance, as is required to provide an adequate level of crossing guard services in the City in accordance with the purposes set forth in this ordinance. -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 SECTION 7. The City Council shall be empowered to amend this ordinance by three (3) affirmative votes of the members thereof for the purposes of carrying out the general purposes of this ordinance in order to conform to state law that permits the County Tax Collector, or other proper official, to collect a special tax such as is levied by this ordinance in conjunction with County taxes or in order to assign duties pursuant to the ordinance to other officers. SECTION 8. The maximum amounts set forth in Section 2 above shall be automatically increased, but not decreased, each fiscal year, in accordance with increases in the Consumer Price Index for All Urban Consumers for the Los Angeles -Anaheim -Riverside metropolitan area, or the most closely related successor thereto (the "Index"), by multiplying the maximum amounts set forth in Section 2 above by a fraction, the numerator of which is the Index for the month of March for each fiscal year preceding the fiscal year in question, and the denominator of which is the Index for the month of March, 1996. SECTION 9. No section of this ordinance shall be construed to permit, and the City Council is expressly prohibited from, increasing the amounts of the special tax imposed by this ordinance beyond the maximum amounts set forth in this ordinance. SECTION 10. The special tax imposed by this ordinance shall not be imposed upon a federal or state governmental agency or another local governmental agency or upon any parcel of property that is exempt from the special tax imposed by this ordinance pursuant to any provision of the Constitution or any paramount law. SECTION 11. Unexpended revenues raised by any special tax imposed by this ordinance may only be used in the succeeding year for the purposes stated in this ordinance by lowering the next year's tax by the amount unexpended or returned to the taxpayers on the same pro rata basis as originally levied. -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 SECTION 12. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or applications, and to this end the provisions of this ordinance are declared to be severable. The City Council, and the electorate by referendum, do hereby declare that they would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, parts or portions thereof, be declared invalid or unconstitutional. SECTION 13. This ordinance, or any provisions thereof other than those l provisions, if any, which provide for modification by the City Council of the City of Hermosa Beach, may only be amended or repealed by approval of two-thirds (2/3) of the voters voting on the ordinance or provisions thereof at any initiative or referendum election. SECTION 14. This ordinance shall be referred to, and shall be effective only if approved by two-thirds (2/3) of, the voters voting at an election to be held on November 7, 1995, and shall go into effect ten (10) days after the City Council has, by resolution, declared that this ordinance was approved by two-thirds (2/3) of the voters voting thereon. SECTION 15. The City provides crossing guard services within its boundaries. crossing guard services must be continued without interruption in order to protect the public health, safety and welfare of the residents therein and the general public. Unless a special tax is imposed to finance such services, the City will lack sufficient funds to continue such services. Imposition of a special tax requires two-thirds voter approval. Therefore, it is necessary to determine, at the earliest date possible, whether a special tax shall be levied upon parcels within the City to finance such services. In order to assure its placement in the sample ballot pamphlet for the next county -administered election on November 7, 1995, and to avoid the substantial expense and 4- 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 voter confusion associated with the City preparing and mailing its own sample ballot pamphlet for this measure, the City must submit the ordinance to the County of Los Angeles prior to the date of the next City Council meeting. Because of this deadline, there is insufficient time for the City Council to have two readings of the ordinance prior to its adoption and submission to the county. It is therefore urgent that this ordinance be adopted immediately to prevent an interruption in crossing guard services provided by the City. An interruption in such service is of great public concern in that improper traffic control may endanger the health, welfare and safety of schoolchildren, motorists, and residents of the City. This ordinance is necessary for the immediate preservation of the public health, safety and welfare, declares the facts constituting the urgency, and is passed by at least a four-fifths vote of the City council. Accordingly, this measure is adopted immediately upon introduction pursuant to Government Code Section 36934. ordinance. SECTION 16. The City Clerk shall certify to the passage and adoption of this PASS",,APPWM AND A)SOP/TED THIS 25TH DAY OF JULY, 1995. PRESIDENT of the C ATTES City Clerk and MAYOR of the City of Hermosa Beach, California -5- (7R� VED AS T FTM : V\_\'_ y 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. 95-1135 was duly and regularly passed, approved and adopted by the City Council of the City of Hermosa Beach at a regular meeting held at the regular meeting place thereof on the 25th day of July, 1995, and was published in the Easy Reader newspaper on August 3, 1995. • The vote was as follows: AYES: Edgerton, Oakes, Reviczky, Mayor Bowler NOES: Benz ABSENT- None ABSTAIN: None DATED: August 3, 1995 6&*"�P A-- )a 6'.. Deputy City Clerk LJ 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 W Wil ORDINANCE NO. 95-1136 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND SECTION 601 AND 701 OF THE ZONING ORDINANCE IN REGARD TO THE CONDITIONS REQUIRED FOR APPROVAL OF A HEIGHT LIMIT EXCEPTION WHEREAS, the City Council held a public hearing on September 26, 1995 to consider amending the conditions for granting a height limit exception above 30 -feet, and to receive oral and written testimony and made the following Findings: A. Condition number 2 of Sections 601 and 701 is intended to ensure compatibility with neighboring properties when an exception is granted but, as it is currently written, is not precise enough for the Commission or City Council to make such a decision on compatibility without appearing to be arbitrary. B. The condition for granting an exception should thus be limited to situations where two contiguous lots already have buildings which exceed 30 feet in height. C. The amendments are exempt from the California Environmental Quality Act, pursuant to Section 15061(b)3 of the CEQA guidelines, as the text amendment is to clarify and limit the applicability of the height limit exception, and thus there is no possibility it will have a significant effect on the environment. NOW, THEREFORE, the City Council of the City of Hermosa Beach, California, does hereby ordain that the Municipal Code, Appendix A, Zoning Ordinance, be amended as follows: SECTION 1. Amend the second condition of the height limit exception as contained in Section 601(b)2 and 701(b)2, to read as follows: "The proposed development is located between, and adjacent to, two or more contiguous lots with buildings constructed in excess of the thirty (30) foot height limit" SECTION 2. Amend sub -section 601(c) and 701(c) to read as follows: "Application and public hearing requirements for processing exceptions to the height limit shall be in accordance with procedures established by the City Council. Applicants for exceptions shall provide detailed topographical surveys and spot elevations of existing buildings for determining if existing building on adjacent lots exceed 30' " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 • 15 0 16 17 18 19 20 21 22 23 24 25 26 27 28 29 SECTION 3. This ordinance shall not apply to any projects that have a complete building permit application package on file with the city prior to September 26, 1995. Said application must include completed architectural and structural plans. Projects that have submitted said complete applications must pursue their application in a diligent manner and obtain a building permit within 6 months of the effective date of this ordinance. SECTION 4. This ordinance shall become effective and be in full force and effect from and after thirty (30) days of its final passage and adoption. SECTION 5. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of general circulation published and circulated, in the City of Hermosa Beach, in the manner provided by law. SECTION 6. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED, and ADOPTED this 10th day of October, 1995, by the following vote: AYES: Benz, Edgerton, Oakes, Reviczky, Mayor Bowler NOES: None ABSTAIN: None 7ABSENYT-one r� PRESIDT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST- CITY TTESTCITY CLERK 2 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. 95-1136 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 day of October, 1995, and was published in the Easy Reader newspaper on October 19, 1995. • The vote was as follows: AYES: Benz, Edgerton, Oakes, Reviczky, Mayor Bowler NOES: None ABSENT- None ABSTAIN: None DATED: October 23, 1995 r L Deputy City Clerk 0 • • PROOF OF PUBLICATION (2015.5 C.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 news- paper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of September 21, 1972, Case NumberSWC 22940, that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: October 19 all in the year 1995. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, this 19th day of October , 1995. 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 LEGAL NOTICE ER Ref No HB1673 +Xr° CITY OF HERMOSA BEACH ORDINANCE NO. 95.1136 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND SECTION 601 AND 701 OF THE ZONING ORDINANCE IN REGARD TO THE CONDITIONS REQUIRED FOR APPROVAL OF A HEIGHT LIMIT EXCEPTION WHEREAS, the City Council held a public hearing on September 26, 1995 to consider amending the con- ditions for granting a height limit ex- ception above 30 -feet, -and to receive oral and written testimony and made the following Findings: A. Condition number 2 of Sec- tions 601, and 701 is intended to ensure compatibility with neighbor- ing properties when an exception is granted but, as it is currently written, is not precise enough for the Com- mission or City Council to make such a decision on compatibility without appearing to be arbitrary. B. The condition for granting an exception should thus be limited to situations where two contiguous lots already have buildings which exceed 30 feet in height. C. The amendments are exempt from the California Environmental Quality Act, pursuant to Section 15061(b)3 of the CEQA guidelines, as the text amendment is to clarify and limit the applicability of the height limit exception, and thus there is no Possibility it will have a significant effect on the environment. NOW. THEREFORE, the City Coun- cil of the City of Hermosa Beach, California, does hereby ordain that the Municipal Code, Appendix A, Zoning Ordinance, be amended as follows: SECTIONI. Amendthesecond condition of the height limit exception as contained in Section 601(b)2 and 701(b)2, to read as follows: "The proposed development is located between, and adjacent to, two or more contiguous lots with buildings constructed in ex- cess of the thirty (30) foot height limit" SECTION2. Amendsub-section 601(c) and 701(c) to read as follows: "Application and public hearing requirements for processing ex- ceptions to the height limit shall be in accordance with proce- dures established by the City Council. Applicants for excep- tions shall provide detailed topo- graphical surveys and spot el- evations of existing buildings for determining i( existing building on adjacent lots exceed 30." SECTION 3. This ordinance shall not apply to any projects that have a complete building permit application package on file with the city prior to September 26, 1995. Said applica- tion must include completed archi- tectural and structural plans. rchi- tecturalandstructuralplans. Projects that have submitted said complete applications must pursue their appli- cation in a diligent manner and obtain a building permit within 6 months of the effective date of this ordinance. SECTION 4. This ordinance shall become effective and be in full force and effect from and after thirty (30) days of its final passage and adop- tion. SECTION 5. Prior to the expira- tion of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly news- paper of general circulation published and circulated, in the City of Her- mosa Beach, in the manner provided by law. SECTION 6. The City Clerk shall certify to the passage and adoption of thisordinance, shall enterthe same in the book of original ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED, and ADOPTED this 10th day of October, 1995, by the following vote: AYES: Benz, Edgerton, Oakes, Reviczky, Mayor Bowler NOES: None ABSTAIN: None ABSENT: None John Bowler PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST CITY CLERK APPROVED AS TO FORM: Michael Jenkins CITY ATTORNEY ER10-19-95/HBL674 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 ORDINANCE NO. 95-1137 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING ARTICLE VI OF CHAPTER 30 OF THE HERMOSA BEACH MUNICIPAL CODE RELATING TO A UTILITY USERS TAX AND PROVIDING FOR THE TERMINATION OF THE FOUR PERCENT PORTION OF SUCH TAX WHICH REPRESENTS A SPECIAL TAX NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH I DOES ORDAIN AS FOLLOWS: SECTION 1. A. Ordinance No. 85-804, as amended by Ordinance Nos. 86-832, 86-837, 87-896, 88- 919, and 88-967, added Article VI to Chapter 30 of the City's Municipal Code, which Article VI relates to a utility users tax. Pursuant to Article VI, the City imposed a tax upon persons in the City using intrastate, interstate, or international telephone communication services, electrical energy, gas energy, water (which is delivered through mains or pipes) and cable television service. Article VI provides that the rate of tax is ten percent of the charges made for the above-described utilities. B. Six percent of the utility users tax imposed by Article VI is a general tax, the proceeds of which are placed in the City's general fund and used for general governmental purposes. Four percent of the utility users tax is a special tax, the proceeds of which are placed in a special fund and used to pay for the costs of the acquisition and financing by the City of the property commonly known as the A.T & S.F. Railroad right-of-way. C. Pursuant to Section 30-65 of Article VI, the four percent special tax will terminate upon a finding by the City Council that the special tax is no longer necessary for its adopted purpose of paying for the AT & S.F. Railroad right-of-way. On October 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 24, 1995, the City Council adopted its Resolution No. 95-5776, making a finding that the four percent special tax will no longer be necessary for its adopted purpose. SECTION 2. The purpose of this Ordinance is to eliminate the four percent portion of the utility users tax imposed by Article VI which is a special tax. SECTION 3. Paragraph (a) of Section 30-46 of Article VI of Chapter 30 of the Hermosa Beach Municipal Code is hereby amended to read as follows: "Sec. 30-46. Telephone tax. (a) There is hereby imposed a tax upon every person in the city, other than a telephone corporation, using intrastate, interstate, or international telephone communication services in the city. The tax imposed by this section shall be at the rate of six (6) percent of all charges made for such service and shall be paid by the person paying for such services." SECTION 4. Paragraph (a) of Section 30-47 of Article VI of Chapter 30 of the Hermosa Beach Municipal Code is hereby amended to read as follows: "Sec. 30-47 Electricity tax. (a) There is hereby imposed a tax upon every person in the city using electrical energy in the city. The tax imposed by this section shall be at the rate of six (6) percent of the charges made for such energy and shall be paid by the person paying for such energy. "Charges", as used in this section shall include charges made for (1) metered energy, and (2) minimum charges for such services, including customer charges, service charges, demand charges, standby charges, and annual and monthly charges, fuel, cost adjustments, etc." SECTION 5. Paragraph (a) of Section 30-48 of Article VI of Chapter 30 of the Hermosa Beach Municipal Code is hereby amended to read as follows: -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 "Sec. 30-48. Gas tax. (a) There is hereby imposed a tax upon every person in the city using gas energy. The tax imposed by this section shall be at the rate of six (6) percent of the charges made for such gas energy and shall be paid by the persons paying for such gas. "Charges", as used in this section, shall include: (1) gas which is delivered through mains or pipes, (2) minimum charges for such services, including customer charges, service charges and annual and monthly charges." SECTION 6. Paragraph (a) of Section 30-49 of Article VI of Chapter 30 of the Hermosa Beach Municipal Code is hereby amended to read as follows: "Sec. 30-49. Water tax. (a) There is hereby imposed a tax upon every person using, in the city, water which is delivered through mains or pipes. The tax imposed by this section shall be at the rate of six (6) percent of the charges made for such water and shall be paid by the person paying for such water, "Charges", as used in this section, shall include charges made for (1) metered water, (2) minimum charges for services, including customer charges, ready to serve charges, standby charges, and annual and monthly charges." SECTION 7. Paragraph (a) of Section 30-50 of Article VI of Chapter 30 of the Hermosa Beach Municipal Code is hereby amended to read as follows: "Sec. 30-50. Cable television tax. (a) There is hereby imposed a tax upon every person in the city using cable television service. The tax imposed by this section shall be the rate of six (6) percent of the /// • 28 II/// charges made for such service and shall be paid by the person paying for such service." -3- 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 8. Section 30-62 of Article VI of Chapter 30 of the Hermosa Beach Municipal Code is hereby amended to read as follows: "Sec. 30-62. Fund and purpose. All of the proceeds of the taxes levied under this article shall be placed in the general fund of the city and shall be utilized for general governmental purposes." SECTION 9. Section 30-64 of Article VI of Chapter 30 of the Hermosa Beach Municipal Code is hereby repealed in its entirety. SECTION 10. Section 30-65 of Article VI of Chapter 30 of the Hermosa Beach Municipal Code is hereby repealed in its entirety. SECTION 11. The tax imposed under Article VI of Chapter 30 of the Hermosa Beach Municipal Code shall first be collected at the rate of six (6) percent of the charges made for the services described herein on the tax bill applicable to the first regular billing period commencing on or after December 15, 1995. Until such time, the tax imposed under Article VI of Chapter 30 shall continue to be collected at the rate of ten (10) percent of the charges made for the services described herein. SECTION 12. All proceeds of the four (4) percent portion of the utility users tax (which four percent portion represents a special tax levied pursuant to the City's Ordinance No. 88- 919 and which special tax is terminated pursuant to this Ordinance) which remain in the special fund established pursuant to Ordinance No. 88-919 after the date of adoption of this Ordinance, or are later placed in such special fund, shall be used for the acquisition and maintenance of open space lands for the benefit of the citizens of Hermosa Beach. SECTION 13. The method of collection of the tax imposed pursuant to Chapter 30 of the Hermosa Beach Municipal Code shall remain the same as provided for under said Chapter 30. A- • • • 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 14. 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 each, in the manner provided by law. SECTION 15. 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 14th day of November, 1995, by the following vote: AYES: Benz, Edgerton, Oakes, Reviczky, Mayor Bowler NOES: None ABSTAIN: None AB SENT- None ENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST - City Clerk APPROVED AS TO FORM: -5- E r • 0 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. 95-1137 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 November, 1995, and was published in the Easy Reader newspaper on November 22, 1995. The vote was as follows: AYES: Benz, Edgerton, Oakes, Reviczky, Mayor Bowler NOES: None ABSENT- None ABSTAIN: None DATED: November 27, 1995 a'V�Ll- J-t� Deputy City Clerk PROOF OF PUBLICATION (2015.5 C.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 news- paper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of September 21, 1972, Case Number SWC 22940, that the notice, of which the annexed is a printed copy (set in type not smaller than 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 23 all in the year 1995 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, this 23rd day of November, 1995. Signature EASY READER, INC. P.O. BOX 427 • 832 HERMOSA AVENUE, HERMOSA BEACH, CA 90254 Telephone: (310) 372=4 11 Proof of Publication of: CITY OF HERMOSA BEACH LEGAL NOTICE ER Ref No HBL676 CITY OF HERMOSA BEACH ORDINANCE NO. 95.1137' AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING ARTICLE VI OF CHAPTER 30 OF THE HERMOSA BEACH MUNICIPAL CODE RELATING TO A UTILITY USERS TAX AND PROVIDING FOR THE TERMINATION OF THE FOUR PERCENT PORTION OF SUCH TAX WHICH REPRESENTS A SPECIAL TAX NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF-HER- MOSA BEACH DOES ORDAIN AS FOLLOWS: SECTION 1. A. Ordinance No. 85-804, as amended by Ordinance Nos. 86-832, 86.837,87-896,88-919, and 88-967, added Article VI to Chapter 30 of the City's Municipal Code, which Article Vi relates to a utilityuserstax. Pursu- ant.to.Ar6cle VI, the City imposed a iax upon persons inthe Cityusing intrastate, interstate, or international telephone, communication services, electrical energy, gas energy, water (which is delivered through mains or .pipes) and cable televisionservice. Article VI provides that the rate of tax is ten percent of thecharges made for the abovemdescribed utilities. B. Six perceofot the utility users tax imposed by Article VI is ageneral tax, the proceeds of which are placed in' -the City's general fund and used for general, governmental purposes. Four percent of the utility users tax is sp a special tax, the proceeds of which are placed in a special fund and used to pay for the costs of the acquisition and financing by the City of the prop- erty commonly known as the A.T. & S.F. Railroad fight -011 -way. C. Pursuant to Section 3065 of Ar- ticle VI, the four percent special tax will terminate upon a finding by the City Council that the special tax is no longer necessary for its adopted pur- pose of paying for the A.T. & S.F. Railroad right-of-way. On October 24,1995, the City Council adopted its Resolution No. 95-5776, making a finding that the four pement special tax will no longer be necessary for its adopted purpose. SECTION 2. The purpose of this Ordinance is to eliminate the four percent portion of the utility users tax imposed by Article VI which is a spe- cialtax. SECTION 3. Paragraph (a) Of Sec- tion 30-46 of Article VI of Chapter 30 of the Hermosa Beach Municipal Code is hereby amended to read as fol- lows: ''Sec. 30-46. Telephone tax. (a)There is hereby imposed a tax upon every person in the city, other than a telephone corporation, using intrastate, interstate, or international telephone communication services in the city. The tax imposed by this section shall be at the rate of six (6). percent of all charges made for such service and shall be paid by the per- son paying for such services." SECTION 4. Paragraph (a)of Sec- tion 30.47 of Article VI of Chapter 30 of the Hermosa Beach Municipal Code is hereby amended to read as fol- lows: "Sec. 30-47. Electricity tax. (a) There is hereby imposed a tax upon every person in the city using electrical energy in the city. The tax imposed by this section shall be at the rate of six (6) percent of the charges made for such energy and shall be paid by the person paying for such energy. "Charges", as used In this section shall include charges made for (i) metered energy, and (2) mini- mum -charges for such services, in- cluding customer charges, service charges, demand charges, standby charges, and annual and monthly charges, fuel, cost adjustments, etc." SECTION 5. Paragraph (a) of Sec- tion 30-48 of Article VI of Chapter 30 of the Hermosa BeacirMunicipalCode is hereby amended to read as fol- lows: "Sec. 30-48. Gas tax. (a) There is hereby imposed a tax upon every person in the city using gas energy. The tax imposed by this section shall be at the rate of six (6) percent of the charges madefor such gas energy and shall be paid by the persons paying for such gas. "Charges", as used in this section, shall include: (1) gas which is deliv- ered through mains or pipes, (2) mini- mum charges for such services,•in- cWding customer charges, service charges and annual and monthly charges'" SECTION 6. Paragraph (a) of Sec- tion 30-49 of Article VI of Chapter 30 of the Hermosa Beach Municipal Code is hereby amended to read as fol- lows: "Sec. 30-49. Water tax. (a) There is hereby imposed a tax upon every person using, in the city, water which is delivered through mains or pipes. The tax imposed by this section shall be at the rate of six (6) percent of the charges made for such water and shall be paid by the person paying for such water. "Charges", as used in this section, shall include charges made"tor (1) metered water, (2) minimum charges for services, including customer charges, ready to serve charges, standby charges, and annual and monthly charges." SECTION 7. Paragraph (a) of Sec- tion 30-50 of Article VI of Chapter 30 of the Hermosa Beach Municipal Code is. hereby amended to read as fol- lows: "Se6.30-50. Cabletelevisiontax. (a) There is hereby imposed a tax upon every person in the city using cable television service. The tax im- posed by this section shall bethe rate of six (6) percentof thecharges made for such service and shall be paid by the person paying for such service." SECTION 8. Section 30-62 of At. bcie VI of Chapter 30 of the Hermosa Beach Municipal Code is hereby amended to read as follows: "Sec. 30.62. Fund and purpose. All ofthe proceeds of the taxes leviec under this article shall be placed it the general fund of the city and shat be utilized for general goverlmenta purposes." SECTION 9, Section 30.64 of Ar- ticle VI of Chapter 30 of the Hermosa - Beach Municipal Code is hereby re- I pealed in its entirety. SECTION 10: Section 30-65 of Article VI of Chapter 30 of the Her- mosa Beach Municipal Code is hereby repealed in its entirety. SECTION 11. The tax imposed under Article VI of Chapter 30 of the Hermosa Beach Municipal Code shall first be collected at the rate of six (6) percent of the charges made for the services described herein on the tax bill applicable to the first regular bill- ing period commencing on or after December 15,1995. Until such time, the tax imposed under Article VI of Chapter 30 shall continue to be col- lected at the rate of ten (10) percent of the charges made for the services described herein. SECTION 12. All proceeds of the four (4) percent portion of the utility users tax (which four percent portion represents a special tax levied pursu- ant to the City's Ordinance No. 88- 919 and which special tax is termi- nated pursuant to this Ordinance) which remain in the special fund es- tablished pursuant to Ordinance No. 88-919 after the date of adopfion of this Ordinance: or are later placed in such special fund, shall be used for the acquisition and maintenance of open space lands for the benefit of the citizens of Hermosa Beach. SECTION 13. The method of col- lection of the tax imposed pursuant to Chapter 30 of the Hermosa Beach Municipal Code shall remain th a same as provided for under said Chapter 30. SECTION_ 14. Prior to the expira- tion of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly news- paperof general circulation published and circulated, in the City of Hermosa each, in the manner provided by law. SECTION 15. The City Clerk shall certify tothe 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 14th day of Novem- ber, 1995, by the following vote: AYES: Benz, Edgerton, Oakes, Reviczky, Mayor Bowler NOES: None ABSTAIN: None ABSENT: None John Bowler PRESIDENT of the City Council and MAYOR of the city of Hermosa Beach, California ATTEST: Naoma Valdes, Deputy City Clerk APPROVED AS TO FORM: Michael Jenkins City Attorney ER11-23-95/HBL676 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. 95-1138 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 4-6.1, ARTICLE I, OF THE HERMOSA BEACH MUNICIPAL CODE RELATING TO SPECIFIC NOISE PROHIBITIONS FOR ANIMAL AND FOWL The City Council of the City of Hermosa Beach does ordain as follows: Section 1. That Section 4-6.1 Subsection 2 of the Hermosa Beach Municipal Code, is hereby amended to read as follows: "(2) No person shall keep or maintain, or permit the keeping of, upon any premises owned, occupied, or controlled by such person, any animal or fowl otherwise permitted to be kept which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour. " Section 2. This ordinance shall become effective and be in full force and effect from and after thirty (30) days of its final passage and adoption. Section 3. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of general circulation published and circulated, in the City of Hermosa Beach in the manner provided by law. Section 4. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. U • • 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 PASSED, APPROVED and ADOPTED this 14th day of November, 1995 by the following vote: AYES: Benz, Edgerton, Oakes, Reviczky, Mayor Bowler NOES: None ABSTAIN: None ABSENT PRE6DEN4f the City Council and MAYOR of the City of Hermosa Beach, California ATTEST - CITY CLERK APPROVED AS TO FORM: 1` i CITY ATTOkY -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. 95-1138 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 November, 1995, and was published in the Easy Reader newspaper on November 22, 1995. The vote was as follows: AYES: Benz Edgerton, Oakes, Reviczk , Mayor Bowler g Y Y NOES: None ABSENT- None ABSTAIN: None DATED: November 27, 1995 Deputy City Clerk • . PROOF OF PUBLICATION (2015.5 C.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 news- paper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of September 21, 1972, Case NumberSWC 22940, that the notice, of which the annexed is a printed copy (set in type not smaller than 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 23 all in the year 1995. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, this 23rd dayof November , 1995 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 LEGAL NOTICE ER Ref No. HBL677 a CITY OF HERMOSA BEACH ORDINANCE NO. 95-1138 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 4.6.1, ARTICLE 1, OF THE HERMOSA BEACH MUNICIPAL CODE RELATING TO SPECIFIC NOISE PROHIBITIONS FOR ANIMAL AND FOWL The City Council of the City of Her- mosa Beach does ordain as follows: SECTION 1. That Section 4-6.1 Subsection 2 of the Hermosa Beach Municipal Code, is hereby amended `to read as follows: "(2) No person shall keep or maintain, or permit the keeping,of, upon any premises owned, occupied, or con- trolled by such person, any animal or fowl otherwise permitted to be kept which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." SECTION2. This ordinance shall become effective and be in full force and effect from antl after. thirty (30) days of its final passage and adop- tion. SECTION 3. Prior to the expira- tion of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly news- paperof general circulation published and circulated, in the City of Hermosa Beach in the manner provided by law. SECTION4. 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 adaption 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 Novem- ber, 1995 by the_followinq vote: AYES: Benz, Edgerton, Oakes, Reviczky, Mayor Bowler NOES: None ABSTAIN: None .ABSENT: None John Bowler PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, 'California "ATTEST: u_ Naoma Valdes, Deputy CITY CLERK APPROVED AS TO FORM: Michael Jenkins CITY ATTORNEY ER11-23-95MBL677 • 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 ORDINANCE NO. 95-1139 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DELETING FROM THE MUNICIPAL CODE PARAGRAPHS (a) AND (b) OF SECTION 21-10 RELATING TO THE TWO EXCEPTIONS TO THE CITYWIDE OIL WELL DRILLING PROHIBITION WHICH ARE LOCATED AT THE CITY YARD SITE (6TH STREET AND VALLEY DRIVE) AND THE FORMER SOUTH SCHOOL PLAYGROUND (5TH STREET AND VALLEY DRIVE). THE PEOPLE OF THE CITY OF HERMOSA BEACH DO ORDAIN AS FOLLOWS: SECTION 1. Purpose and Findings. Clean water, pure air, and a safe environment are vital to maintaining the quality of life in the South Bay. The People of the City of Hermosa Beach find the safety and protection of the lives of its citizens and the public generally, and protection of persons and property from the dangers of fire, explosions, pollution, and other hazards, demand and require that the drilling or operating for the discovery of and/or production of oil, gas, hydrocarbon, or other related substances be prohibited, as in this ordinance set forth; now, therefore, SECTION 2. Paragraphs (a) and (b) of Municipal Code Section 21-10, Oil Wells Prohibited, Exceptions are hereby deleted in their entirety. SECTION 3. If any portion of this ordinance is declared invalid, the remaining portion is to be considered valid. SECTION 4. There shall be no modification, amendment or repeal of any provisions of this initiative except by a vote of the people. 2 6 11 ATTEST: 27 28 City Clerk PASSED, APPROVED AND ADOPTED BY THE ELECTORATE OF THE CITY OF HERMOSA BEACH AT THE GENERAL MUNICIPAL ELEC N N NOVEMBER 7, 1 BY THE FOLLOWING VOTE: Y 505 NOES - 1,940 the City Cb=c'rI and MAYOR of the City of Hermosa Beach, California 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 ORDINANCE NO. 95-1140 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REPEALING UNCONSTITUTIONAL PORTIONS OF SECTIONS 2-25 AND 2-29 OF THE HERMOSA BEACH MUNICIPAL CODE WHEREAS, Article III of Chapter 2 of the Hermosa Beach Municipal Code, which pertains to the city's civil service system, derives from Ordinance No. 211 N.S., which was approved by the voters of the city at an election held on June 7, 1960, and may be changed only by a vote of the people, and WHEREAS, due to the unconstitutionality and consequently the unenforceability of two provisions of Article III, it is desirable to delete from Section 2-25 the requirement that only United States citizens may be employed by the city and to delete from Section 2-29 the required automatic termination of any civil service board member who files to run for an elective office of the city. THE PEOPLE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DO ORDAIN AS FOLLOWS: SECTION 1. The first full paragraph of Section 2-25 of the Hermosa Beach Municipal Code is amended to read: "No person shall be eligible for any position in the competitive service unless, at the time established as the final date on which applications will be accepted for the position, the person possesses the minimum qualifications required for the position." SECTION 2. Section 2-29 of the Hermosa Beach Municipal Code is amended by deleting the last sentence of that Section which reads: "Membership on the civil service board shall automatically terminate upon filing notice of candidacy for an elective office of this city." H III 1 • 1 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 IM 19 20 21 22 23 24 25 • 26 27 28 ATTEST: City Clerk Ordinance No. 95-1140 PASSED, APPROVED AND ADOPTED BY THE ELECTORATE OF THE CITY OF HERMOSA BEACH AT THE GENERAL MUNICIPAL ELECTION S VE 5 BER 7, 1995, BY HE FOLLOWING OESO 1xIN VOTE: YOR of the City of Hermosa Beach, California 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 4W1 28 ORDINANCE NO. 95-1141 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 2-24 OF THE HERMOSA BEACH MUNICIPAL CODE TO EXEMPT DEPARTMENT HEADS FROM THE CIVIL SERVICE SYSTEM WHEREAS, Article III of Chapter 2 of the Hermosa Beach Municipal Code, which pertains to the city's civil service system, derives from Ordinance No. 211 N.S., which was approved by the voters of the city at an election held on June 7, 1960, and may be changed only by a vote of the people, and WHEREAS, it is desirable to add department heads to the list of exemptions from the civil service system. THE PEOPLE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DO I ORDAIN AS FOLLOWS: SECTION 1. Section 2-24 of the Hermosa Beach Municipal Code is amended by adding thereto a new paragraph 0) to read: "o) Department heads." PASSED, APPROVED AND ADOPTED BY THE ELECTORATE OF THE CITY OF RMOSA BEACH THE GENERAL MUNICIPAL ELECTI O1�IYMOVBER7,995, �' THE OOL SOWIN2 VOTE: PRESIDENTV the City Co`unc-T—and MAYOR of the City of Hermosa Beach, California ATTEST: City Clerk 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. 95-1142 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTERS 7,11 AND 24 OF THE CITY CODE IN THEIR ENTIRETY AS THEY RELATE TO BUILDING, ELECTRICAL AND PLUMBING REGULATIONS AND ADOPTING THE "UNIFORM BUILDING CODE, 1994 EDITION", AND THE APPENDICES THERETO; THE UNIFORM MECHANICAL CODE, 1994 EDITION, AND THE APPENHX THERETO; THE"UNIFORM HOUSING CODE, 1994 EDITION", UNIFORM CODE FOR BUILDING CONSERVATION, 1994 EDITION", PROMULGATED AND PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS AND THE "UNIFORM PLUMBING CODE, 1994 EDITION", AND THE APPENDICES THERETO, PROMULGATED AND PUBLISHED BY THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS AND THE "NATIONAL ELECTRICAL CODE, 1993 EDITION" (INCLUDING UNIFORM ADMINISTRATIVE CODE PROVISIONS) AND THE APPENDICES THERETO, PROMULGATED AND PUBLISHED BY THE NATIONAL FIRE PROTECTION ASSOCIATION, AND DECLARING THE URGENCY THEREOF. WHEREAS, the 1994 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. 95-5787 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapters 7, 11 and 24 of the Hermosa Beach Municipal Code be amended to read as follows: Chapter 7 BUILDING CODE Sec. 7-1. Adoption of Uniform Building Code and -Sin -dards. Except as hereafter provided, the "Uniform Building Code, 491- 1994 Edition" including appendices, excepting chapters 3, Division III and IV, 4 Division II, 11,13,21,23,31 7, 12,1 ivis;^„ -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; 23 24, 25, 26 and « of said appendices, and the LUAi€ermuilding Code StandaMs, 1991 Edifien" published by the International Conference of Building Officials, one (1) 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 article as though set forth in this article in full, subject, however, to the amendments, additions and deletions set forth in this article and by the State of California, Building Standards Commission and said codes shall comprise the building code for the City of Hermosa Beach. In the event of any conflict between a provision of the Uniform Building Code and a provision applicable to cities of the California Building Code as contained in Part 2 of Title 24 of the California Code of Regulations, the provision of the California Building Code shall prevail. Whenever the word "jurisdiction" appears in said codes, it shall mean and refer to the City of Hermosa Beach. Whenever the term "building official " appears in said building code it shall mean and refer to the Director of the Community Development Department of the City of Hermosa Beach. Sec. 7-1.1. 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. -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 • 28 105.2 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. 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. Sec. 7-1.2. Violations. Section 103 of said building code is hereby amended to read as follows: SECTION 103. 103. 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. 103.1 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 Chapter 1, Section 1-7 of, the Hermosa Beach City Code. Sec. 7-1.3. 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- 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 • 28 107.2 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'i 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)sixty five (65) 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 defered 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 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 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. NOTE: Subsection (f) "Special Inspections for Change of Occupancy or Tenancy" has been moved to the Fire Code, Chapter 12. Sec. 7-1.4. 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 -5- n 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 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. 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'I one hundred fifty (150) pounds to the same area of the same stile in a direction 1 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. -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 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 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 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 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 I 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- 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. Section 1014. Lights --Material. Lights within forty (40) inches of a required locking -9- 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 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. 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, 10- 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 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. Sec. 7-1.5. Minimum dwelling unit size. 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. 11- 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 (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 (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. Sec. 7-1.6 Protection of Private Property During Construction. 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 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 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) 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. NOTE: Sec. 7-1.7. "Requiring Approval of Planning Commission." has been -13- 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 removed from the City Building Code and is being inserted into the Zoning Appendix of the I:: NOTE: Sec. 7-1.8. "Moving Buildings." has been removed from the City Building Code and is being inserted into the Zoning Appendix of the HBMC. 7-1.9. 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. Sec. 7-1.10. 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. Sec. 7-1.11. Fire extinguishing systems. Section 904 of said building code is hereby amended 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 14- 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 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. 904.2.7 Group B, DMsien 2 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. 904.2.8 Group R, Division 1 Occupancies. An automatic sprinkler system shall be installed throughout every apartment house three (3) or more stories in height or 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. Sec. 7-1.12. 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 more than fi " 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 15- • is 2 3 4 5 6 7 8 9 10 11 12 13 purposes of this section, lofts or mezzanines shall be considered as stories. ARTICLE 11. HOUSING CODE Sec. 7-2. Adoption of Uniform Housing Code. Except as hereinafter provided that certain code designated as the "Uniform Housing Code, -1991994 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 article as though set forth in this article in full, subject, however, to the amendments, additions and deletions set forth in this article, and said code shall be known as the Housing Code of this City. In the event of any conflict between a provision of the Uniform Housing Code and a provision applicable to cities of the California Housing Code as contained in Part 1 of Title 24 of the California Code of Regulations, the provision of the California Housing Code 14 11 shall prevail. 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. Sec. 7-2.1. Housing Advisory and Appeals Board. Section 203 of the housing code is hereby amended to read as follows: SECTION 203. 203. 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 Stat 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 -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 specified in section 105 of the Uniform Building Code as amended by section 7-1.1 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. Sec. 7-2.2. 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 Chapter 1, section 1-7 of the Hermosa Beach City Code. Sec. 7-2.3. Removal of Housing Advisory Appeals Board Members Prior to Expiration of Term. Sec. 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. ARTICLE IH RESERVED -17- 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 ARTICLE IV. MECHANICAL CODE* Sec. 7-4. Adoption of Uniform Mechanical Code. Except as hereafter provided, that certain code designated as the "Uniform Mechanical Code, 41-1994 Edition," including "Appendices A, B and C" contained therein, published jointly by the Asseeiatien of Plumlin and MeelhanilOfficials and 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 article as though set forth in this article in full, subject, however, to the amendments, additions and deletions set forth in this article and by the State of California Building Standards Commission and said code shall be known as the mechanical code of the City of Hermosa Beach. In the event of any conflict between a provision of the Uniform Mechanical Code and a provision applicable to cities of the California Mechanical Code as contained in Part 4 of Title 24 of the California Code of Regulations, the provision of the California Mechanical Code shall prevail. 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. Sec. 7-4.1. 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 Uniform -18- 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 Building Code as amended by section 7-1, 1, 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. Sec. 7-4.2. Reserved. Sec. 7-4.3. 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. ARTICLE V. UNIFORM CODE FOR BUILDING CONSERVATION* 7-5 Adoption of the Uniform Code for Building Conservation Except as hereinafter provided that certain code designated as the "Uniform Code for Building Conservation, 1994 Edition", Appendix Chapter 1, published by the International Conference of Building Officials, one copy of which is on file in the office of the City Clerk for 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 • 28 public record and inspection, is hereby adopted by reference and made a part of this article as though set forth in this article in full, subject, however to the amendments, additions and deletions set forth in this article, and said code shall be known as the Code for Building Conservation of this City. In the event of any conflict between a provision of the Uniform Code for Building Conservation and a provision applicable to cities of the California Code for Building Conservation as contained in Part 10 of Title 24 of the California Code of Regulations, the provisions of the California Code for Building Conservation shall prevail. NOTE: ARTICLE VI. UNDERGROUND WIRING Previously located in this article has been moved to Chapter 11, "Electrical Code and Appliances" of the Hermosa Beach Municipal Code. ARTICLE VII. NUMBERING BUILDINGS Sec. 7-7. 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. Sec. 7-7.1. Location and Size of Numbers; Time Limitation for Placement. 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 article for the respective entrances shall be removed from every such building by the -20- 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 owner, occupant, lessee, tenant or subtenant thereof within fifteen (15) days from the service of such notice designating the numbers to be placed thereon. See. 7-7.2. Street numbering map adopted. 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 article. ARTICLE VIII. REPORT OF RESIDENTIAL BUILDING RECORDS See. 7-8. 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. See. 7-8.1. Definitions. [For the purposes of this article, 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 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 -21- • 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 another owner, Sec. 7-8.2. 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. Sec. 7-8.3. 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, (0 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 building 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 -22- 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 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. Sec. 7-8.4. 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 article. Sec. 7-8.5. 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 7, Article VIII of the City Code of the City of Hermosa Beach." Sec. 7-8.6. Exceptions. (a) The provisions of this article 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 -23- 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 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 article shall not apply to the first sale of a residential property sold within ninety (90) days after final approval is given. Sec. 7-8.7. 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 article. Sec. 7-8.8. Penalties. (a) Anyone in violation of the provisions of this article shall be guilty of a misdemeanor, and upon conviction thereof, shall be punishable as provided by the provisions of section 1- 7 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 article 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 article. Sec. 7-8.9. Nonliability of City. -24- 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 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 article 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. Note: ARTICLE IX. "DETERMINATION OF LEGALITY OF NONCONFORMING RESIDENTIAL BUILDINGS" Has been removed from the Building Code and placed in the Zoning Appendix of the HBMC. Chapter 11 ELECTRICAL CODE AND APPLIANCES* Sec. 11-1. Adoption of National Electric Code. Except as hereafter provided, that certain code entitled "National Electrical Code, 49W 1993 Edition" including the Uniform Administrative Code Provisions, promulgated and published by the National Fire Protection Association, one (1) 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, by the State of California Building Standards Commission and said code shall be known as the Electric Code of the City of Hermosa Beach. In the event of any conflict between a provision of the National Electrical Code and a provision applicable to cities of the California Electrical Code as contained in Part 3 of Title 24 of the California Code of Regulations, the provision of the California Electrical Code shall prevail. 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 direetef e f building and safety Community Development Director of the City of Hermosa Beach. -25- • 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 Sec. 11-2. Fees. Section 304 of said electric 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. 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, -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 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. 303.4 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. 303.5 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- -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 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. Sec. 11-3. Condominium Installations. 230.4 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. See. 11-4. Underground service laterals required for new construction. (Note: This section previously appeared as article VI in Chapter 7 of this code entitled Building Code) All now buildings and structures in the city shall provide underground electrical and communications service laterals on the premises to be served, as hereinafter required. Sec. 11-4.1. 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. Sec. 11-4.2. 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 7-1.3 of this Code) of such repairs or remodeling in a five-year period does not exceed thirty thousand dollars ($30,000.00). -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 Sec. 11-4.3. Responsibility for Compliance. The developer and owner are jointly and severally responsible for complying with the requirements of this article and shall make the necessary arrangements with the utility companies for the installation of such facilities. Sec. 11-4.4. Appurtenances. For the purposes of this article, 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 aboveground if permitted by and in accordance with the rules of the state Public Utilities Commission. Sec. 11-4.5. Risers. Risers on poles and buildings are permitted and shall be provided by the developer or owner on the pole which services said property. Sec. 11-4.6. Waiver of Underground Requirements. If topographical, soil, or any other conditions make such underground installations unreasonable or impractical, the board of appeals shall have the authority to grant, on such conditions as it may determine, a waiver of the requirements of this article in accordance with the provisions of section 7-l. l of this chapter. Sec. 11-4.7. 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. Sec. 11-4.8. Application. -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 This Article VI of Chapter 7, "Buildings," of the 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 24 PLUMBING CODE* Sec. 24-1. Adoption of Uniform Plumbing Code. Except as hereafter provided, that certain code entitled "Uniform Plumbing Code, 49 1994 Edition," including appendices and the Installation Standards contained therein, promulgated and published jointly by the International Association of Plumbing and Mechanical Officials and hteFnational Conferenee of Buildng-9ffieials, 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, how. ever, to the amendments, additions and deletions set forth in this chapter and by the State of California Building Standards Commission and said code shall be known as the Plumbing Code of the City of Hermosa Beach. In the event of any conflict between a provision of the Uniform Plumbing Code and provision applicable to cities of the California Plumbing Code as contained in Part 5 of Title 24 of the California Code of Regulations, the provision of the California Plumbing Code shall prevail. Wherever the term "jurisdiction" appears in said code it shall mean and refer to the City of Hermosa Beach. Wherever the term "building official" appears in said code it shall mean and refer to the direetef of building and.safety Community Development Director of the City of Hermosa Beach. Secs. 24-2-24-2.3. Reserved. Sec. 24-2.4. Fees. The schedule of fees contained in section 103.4 of the Uniform Plumbing Code is hereby deleted and the schedule of fees adopted by latest resolution of the City Council hereby substituted therefor, -30- 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 i 28 Sec. 24-2.5. 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 Uniform Building Code as amended by section 7-1, 1. 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. Sec. 24-2.6. Reserved. Sec. 24-2.7. Nonmetallic Drainage Piping. Section 701 of the Uniform 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 -31 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 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. Sec. 24-2.8. Installation of Garbage Grinders. Section 411 of said plumbing code is hereby amended to read as follows: Section 411.1. 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. Sec. 24-2.9. Abandoned Sewers and Sewage Disposal Facilities. -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 Section 722 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. SECTION 2. The numbering of the 1994 editions of the Uniform Building Code, the Uniform Mechanical Code and the Uniform Plumbing Code has been completely revised from earlier editions. All references to the Uniform Building Code and the Uniform Mechanical Code in the Articles of the Code which are not amended by this or a subsequently enacted ordinance shall refer instead to the appropriate section or sections of the 1994 Uniform Building Code or the Uniform Mechanical Code as determined by the 1991/1994 Cross Reference Directory to the Uniform Building Code and Uniform Mechanical Code, published by the International Conference of Building Officials. All references to the Plumbing Code in sections of the Hermosa Beach City Code which have not been amended by this or a subsequently enacted ordinance shall refer instead to the appropriate section or sections of the 1994 Plumbing Code as determined by the Format Comparison Chart located at the beginning of the 1994 Plumbing Code. SECTION 3. State law requires that localities adopt the Uniform Building Codes and modifications thereto, by December 28, 1995. It is essential that the City have in effect on that date a building code that comports with state law and contains those modifications necessitated by unique geographic, geologic and climatic conditions. In the absence of immediate effectiveness, the provisions of the building code 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 Uniform Building Codes contain vital provisions regarding administrative procedures, roofing materials, sprinkling requirements, and other similar matters necessitated by the City's exposure to -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 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 4. This ordinance shall be effective upon adoption and shall become operative on December 28, 1995. SECTION 5. The city council does hereby designate the city attorney to prepare a summary of this ordinance to be published pursuant of 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, this 28tlyday of November, 1995. of the City Council, and MAYOR of the City of Hermosa Beach, California ATTEST- APPROVED AS TO FORM: CITY CLERK -34- CITY ATTORNEY LI 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. 95-1142 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 November, 1995, and was published in the Easy Reader newspaper on December 9, 1995. The vote was as follows: AYES: Benz, Edgerton, Oakes, Reviczky, Mayor Bowler NOES: None ABSENT- None ABSTAIN: None DATED: December 9, 1995 Deputy City Clerk 0 PROOF OF PUBLICATION (2015.5 C.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 news- paper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of September 21, 1972, Case Number SWC 22940, that the notice, of which the annexed is a printed copy (set in type not smaller than 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 7 all in the year 1995. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, this 7th_ dayof December , 1995. Signature EASY READER, INC. P.O. BOX 427 •832 HERMOSA AVENUE, HERMOSA BEACH, CA 90254 Telephone. (310) 3724611 Proof of Publication of: CITY OF HERMOSA BEACH LEGAL NOTICE ER Ref No HBL678 ns CITY1OF HERMOSA BEACH SUMMARY OF ORDINANCE NO. 95-1142 Prepared by City Attorney Michael Jenkins, November29,1995 "Ordinance No. 95-1142 is an ur- gency ordinance which serves to adopt the most recent versions of the State's building regulations as're- quired by State law. The ordinance adopts by reference the 1994 ver- sions of the Uniform Building tode, Uniform Housing Code, Uniform Code for Building Conservation, Uniform Mechanical Code, Uniform Plumbing Code and the 1993 version of the National Electrical Code, as these codes are amended by the State of California and with such local amend- ments as are necessary by virtue of unique local climatic, geological and topographic conditions. The ordi- nance completely replaces the city's building regulations but retains in Place in substantially the same sub- stance the city's local ru=ng, administrative matters, fees, roofing and automatic fire extinguishing sys- tems.' ER12-7-95/HBL678. 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. 95-1143 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 12 OF THE HERMOSA BEACH MUNICIPAL CODE IN ITS ENTIRETY, ADOPTING BY REFERENCE THE 1994 EDITION OF THE UNIFORM FIRE CODE, INCLUDING ALL APPENDICES THERETO, AND THE UNIFORM FIRE CODE STANDARDS, AS AMENDED, AND DECLARING THE URGENCY THEREOF. WHEREAS, the 1994 edition of the Uniform Fire Code has been adopted by the State of California, with amendments; and WHEREAS, local amendments may be made to that code to address local needs; and WHEREAS, it has been determined that local climatic, geological and topographical conditions require amendments to that code to further promote fire safety within the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1 Chapter 12 of the "Hermosa Beach Municipal Code" is amended to read as follows: "CHAPTER 12 FIRE PREVENTION CODE Section 12-1. ADOPTION OF UNIFORM FIRE CODE AND STANDARDS. The City Council adopts by reference for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion that certain code and standards known as the Uniform Fire Code and the Uniform Fire Code Standards, 1994 edition, published by the Western Fire Chiefs Association and the International Conference of Building Officials, including the Appendices thereto, save and except such portions as are hereinafter deleted, modified or amended by section 12-7 of this chapter as the Fire Prevention Code of the City of Hermosa Beach. One (1) copy of said code and standards have been and are now filed in the office of the city clerk for use and examination by the public. III 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 In the event of any conflict between a provision of the Uniform Building Code and a provision applicable to cities of the California Building Code as contained in Part 2 of Title 24 of the California Code of Regulations, the California Building Code shall prevail. Permits as required by provisions within this code may be issued for an indefinite 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. Section 12-2. ESTABLISHMENT AND DUTIES OF BUREAU OF FIRE PREVENTION. The Uniform 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. Section 12-3. DEFINITIONS. As used in this chapter, the following words and terms shall have the meaning ascribed thereto: "Building code" shall mean the Building Code of the City of Hermosa Beach. "Corporation counsel" shall mean the attorney for the City of Hermosa Beach. "Jurisdiction" shall mean the City of Hermosa Beach. "May" shall mean permissible; the word "shall" is held to mean mandatory. Section 12-4. DISTRICT LIMITS IN WHICH EXPLOSIVE MATERIAL STORAGE IS PROHIBITED. The limits referred to in section 7701, 7.2 of the Fire Code, in which storage of explosive materials is prohibited, are hereby established as follows: All property within the City zoned for residential and commercial uses. Section 12-5. DISTRICT LIMITS WHERE FLAMMABLE LIQUIDS STORAGE IN OUTSIDE ABOVEGROUND TANKS IS RESTRICTED. The limits referred to in section 7902.2.2.1 and 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 within the City zoned for residential and commercial uses. -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 Section 12-6. BULK STORAGE OF LIQUEFIED PETROLEUM GASES PROHIBITED, WHERE. The limits referred to in section 8204.2 of the Uniform Fire Code, in which storage of liquefied petroleum gas is restricted, are hereby established as follows: All property within the City zoned for residential and commercial uses. Section 12-7. AMENDMENTS TO THE UNIFORM FIRE CODE. The Uniform Fire Code, 1994 Edition, is hereby amended and changed in the following respects: ARTICLE 1, OF THE UNIFORM FUZE CODE, IS HEREBY AMENDED BY ADDING SECTIONS 103.3.5.1 THROUGH 103.3.5.6 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 alterations 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. -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 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 UNIFORM FIRE CODE, IS HEREBY AMENDED BY AMENDING SECTIONS 1003.2.3.1, 1003.2.3.3, 1003.2.7, 1003.2.8, AND 1007.2.9.1.1 TO READ AS FOLLOWS AND BY AMENDING TABLE 1004-A 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 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 (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- 4- 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 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 1 Occupancies, System Requirements General. An automatic fire alarm system shall be installed in apartment houses three (3) or more stories in height (mezzanines and lofts shall be considered as stories), or containing sixteen (16) or more dwelling units, and in hotels three (3) or more stories in height or containing twenty (20) or more guest rooms. 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 UNIFORM FIRE CODE, IS HEREBY AMENDED BY AMENDING SECTIONS 1102.1, 1103.2.1.2, 1103.3.6, 1103.2.3.6, AND 1103.3.6.4 TO READ AS FOLLOWS: Section 1102.1 General. 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. To the extent permitted, incinerators, open burning, and commercial barbecue pits shall be in accordance with Section 1102. 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, and a permit is obtained from the fire department. Section 1103.2.1.2 Storage and accumulation of rubbish and vegetation, Required storage conditions. 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 non-combustible 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. -5- • 2 3 4 5 6 7 8 9 10 11 12 13 Section 1103.3.6 Storage of Tires Section 1103.3.6.1 Intent. 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. Section 1103.3.6.2 Outside tire storage. Piles of tires 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 ten (10) feet in height unless approved by the fire chief. Section 1103.3.6.4 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 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 14 11 in width. 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 sprinklered 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. ARTICLE 47, OF THE UNIFORM FIRE CODE, IS HEREBY AMENDED BY ADDING SECTIONS 4712, 4713, AND 4714 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 -6- 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 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 Article have been met. APPENDIX III -A OF THE UNIFORM FIRE CODE, IS HEREBY AMENDED BY ADDING THE FOLLOWING LANGUAGE TO THE END OF SECTION 5.1: The minimum fire -flow and flow duration 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). APPENDIX III -B, OF THE UNIFORM FIRE CODE, IS HEREBY AMENDED BY ADDING THE FOLLOWING LANGUAGE TO THE END OF SECTION 5: The fire chief may require closer spacing between hydrants because of grades, steep inclines or other geographic problems, and accessibility. Section, 12-8. MODIFICATIONS. The fire chief, or his designee, shall have power to modify any of the provisions of the Uniform 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. Section 12-9 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 -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 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. Section, 12-10. NEW MATERIALS, PROCESSES OR OCCUPANCIES WHICH MAY REQUIRE PERMITS. The fire chief, the fire department plan check officer, and the community development director 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. Section 12-11. PENALTIES. Any person violating any of the provisions of this code shall be deemed guilty of a misdemeanor, punishable as set forth in Section 1-7 of this Code. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each and every day 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. Section 12-12. REPEAL OF CONFLICTING ORDINANCES. All former ordinances or parts thereof conflicting or inconsistent with the provisions of this chapter or of the Uniform Fire Code, 1994 Edition, as adopted herein, are hereby repealed. Section 12-13. VALIDITY. The City of Hermosa Beach hereby declares that should any section, paragraph, sentence or word of this chapter or of the Uniform Fire Code, 1994 Edition, as adopted herein, be declared for any reason to be invalid, it is the intent of the city that it would have passed all other portions of this chapter independent of the elimination therefrom of any such portion as may be declared invalid." -8- 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 SECTION 2 This ordinance shall become effective immediately and shall become operative on December 28, 1995. SECTION 3 The modifications to the Uniform Fire Code that have been enacted are merely a continuation of the Fire Prevention Code of the City of Hermosa Beach, and all of the changes and modifications to the Fire Code, whether previously enacted or enacted in this ordinance, are reasonable necessary because of local climate, characterized by hot, dry summers, followed by strong Santa Ana winds and heavy winter rains, the location in Southern California, the dense concentration of structures on small lots with narrow setbacks and small yards, and the relatively hilly topography of the City. SECTION 4 The numbering of the 1994 edition of the Uniform Fire Code has been completely revised from earlier editions. All references to the Uniform Fire Code in the Hermosa Beach Municipal Code which are not amended by this or a subsequently enacted ordinance shall refer instead to the appropriate section or sections of the 1994 Uniform Fire Code as determined by the 1991/1994 Cross -Reference Directory to the Uniform Fire Code, published by the International Conference of Building Officials. SECTION 5 State law requires that localities adopt the Uniform Fire Code, and any modifications thereto, by December 28, 1995. It is essential that the City have in effect on that date a building code that comports with state law and contains those modifications necessitated by unique topographic, geologic and climatic conditions. In the absence of immediate effectiveness, the provisions of the fire prevention code unique to the City's special circumstances will not be in place -9- 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 and this will have a detrimental effect on the public, health, safety and welfare. The modifications to the Uniform Fire Code contain vital provisions regarding administrative procedures, sprinkler, hydrant and fire -flow requirements, outdoor burning, storage of combustible materials, fumigation 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 6 The city council does hereby designate the city attorney to prepare a summary of this ordinance to be published pursuant of 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 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, PRESID� ATTEST - CITY CLERK this 78th d y of November, 1995. of the City Council, and MAYOR of the City of Hermosa Beach, California 10- 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. 95-1143 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 November, 1995, and was published in the Easy Reader newspaper on December 9, 1995. The vote was as follows: • AYES: Benz, Edgerton, Oakes, ReviczkY , Mayor Bowler NOES: None ABSENT- None ABSTAIN: None DATED: December 9, 1995 Deputy City Clerk 0 • PROOF OF PUBLICATION (2015.5 C.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 news- paper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of September 21, 1972, Case Number SWC 22940, that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit 0 December 7 al l in the year 1995. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, this 7th day of December 1995. 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 LEGAL NOTICE ER Ref No 1113L679 -CITY OF HERMOSA BEACH BOOMARY OF ORDINANCE NO. 95-1143 Prepared by City Attorney `Michael Jenkins, November 29, 1995 "Ordinance NoFire 9 i l is an ur- gency ordinance which serves to adopt the most recent version of the Uniform Fire Code prepared by the western Fire Chiefs Association as required by State law. Theordinance adopts by reference the 1994 edition of the Uniform Fire Code as amended by the State of California, and includ- ing such local amendments as are necessary by virtue of local climatic geological and topographical condi, - tions. The ordinance repeals existing Chapter 12 of the Hermosa City Code and replaces it with a new Chapter 12, updating the City's fire and life safety regulations. Amendments to the uniform code pertain to licensing inspections, sprinklering require- ments, alarm system requirements, open burning, storage of flammable materials, fumigation permits, ser- vice station regulations and fire flow requirements.^ ER12-7-9&HBL679 //A t�L-t 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 ORDINANCE NO. 95-1144 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE HERMOSA BEACH MUNICIPAL CODE, SECTION 29-38(1)j TO ALLOW ENCROACHMENTS INTO THE PUBLIC RIGHT-OF-WAY TO SATISFY SPECIFIED ZONING ORDINANCE PARKING REQUIREMENTS THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES ORDAIN AS I FOLLOWS: SECTION 1. Chapter 29, Article V, Encroachments, Section 29-38(1)j, of the Hermosa Beach Municipal Code is amended to read as follows: An encroachment permit shall not be granted where the intent or product will in any way contribute to or satisfy the required open space on private property as required by the Municipal Code Public right-of-way cannot be used to satisfy any conditions of building or zoning that are normally provided on-site except for providing required residential guest parking, pursuant to Sections 1157(c) and 1159(b) of the zoning ordinance, and for providing required parking approved by a Parking Plan granted pursuant to Section 1169 of the zoning ordinance." 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. /// • • • 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. 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 November, 1995 by the following vote: AYES: Benz, Edgerton, Oakes, Reviczky, Mayor Bowler NOES: None ABSTAIN: None ABSENT: z --None of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST- CITY CLERK -2- APPROVED AS TO FORM: I� 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. 95-1144 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, 1995, and was published in the Easy Reader newspaper on December 21, 1995. The vote was as follows: • AYES: Benz Edgerton, Oakes Reviczk Mayor Bowler g Y� Y NOES: None ABSENT- None ABSTAIN: None DATED: December 21, 1995 Deputy City Clerk 0 PROOF OF PUBLICATION (2015.5 C.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 news- paper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of September 21, 1972, Case Number SWC 22940, that the notice, of which the annexed is a printed copy (set in type not smaller than 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 1995. 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 , 1995. 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 LEGAL NOTICE ER Ref No HBL681 CITY OF HERMOSA BEACH ORDINANCE NO. 95-1144 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE HERMOSA BEACH MUNICIPAL CODE, SECTION 29-38(1)J TO ALLOW ENCROACHMENTS INTO THE PUBLIC RIGHT-OF-WAY TO SATISFY SPECIFIED ZONING ORDINANCE PARKING REQUIREMENTS THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES ORDAIN AS FOLLOWS: ' SECTION 1. Chapter 29, Article V, Encroachments, Section 29-38(1)j, of the Hermosa Beach Municipal Code is amended to read as follows: "o) An encroachment permit shall not be granted where the intent or prod- uct will in any way contribute to or satisfy the required open space on private property as required by tfie Municipal Code Public right-of-way cannot be used to satisfy any condi- tions of building or zoning that are normally provided on-site except for providing required residential guest parking, pursuantto Sections 1157(c) and 11 59(b) ofthe zoning ordinance, and for providing required parking approved by a Parking Plan granted pursuant to Section 1169 of the zon- ing ordinance" SECTION2. This ordinance shall become effective and be in full force and effect from and after thirty (30) days of its,final passage and adW. tion. SECTION 3. Prior to the expira- tion of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly news- paper of general circulation publish ed 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 28th day of Novem- ber, 1995 by the following vote: AYES: Benz, Edgerton, Oakes, Reviczky, Mayor Bowler NOES: None ABSTAIN: None ABSENT: None John Bowler 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 ER12-21-95IHBL681 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 NO. 95-1145 AN ORDINANCE OF THE CITY OF HERMOSA BEACH CALIFORNIA, TO AMEND SECTIONS 1403b, 1409. AND 1435 OF THE ZONING ORDINANCE AND SECTIONS 2-2.27, AND 2-2.28 OF THE HERMOSA BEACH MUNICIPAL CODE REGARDING PROCEDURES FOR CITY COUNCIL'S RECONSIDERATION OF PLANNING COMMISSION'S DECISIONS. WHEREAS, the City Council held a public hearing on November 28, 1995 to consider oral and written testimony and made the following Findings: A. The City Council has reviewed the draft ordinance that would amend the Municipal Code relative to City Council review of Planning Commission decisions which would make it a standard procedure for the City Council to decide whether to reconsider any Planning Commission decision at every regular meeting succeeding the meeting of the Planning Commission. B. The time period for private parties to submit appeals of Planning Commission decisions should thus start from the date of the Council decision on whether or not to review the decisions. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA. BEACH, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. MUNICIPAL CODE Chapter 2, Article I of the Hermosa Beach Municipal Code is hereby amended by amending Section 2-2.27 and adding a new Section 2-2.28 to read as follows: Section 2-2.27 Appeal fees. Where the zoning ordinance or municipal code allows for an appeal to be filed with the City Council on matters regarding land use, a fee, established pursuant to Chapter 2, Article XIII of the Municipal Code shall accompany such an appeal. In addition to such an appeal fee, the appellant shall be responsible for providing any required public noticing and shall pay the direct cost of required newspaper ads. As used in this section "land use matters* shall include zone 11 • 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 variances, conditional use permits, tentative parcel and tract maps, precise plans and any other discretionary process by which land use is regulated." No fee shall be required for, and the City shall absorb costs associated with, City Council initiated review of any decision of a subsidiary commission or board of the City. "Section 2-2.28. City Council review of decisions of the Planning Commission. (a) The City Council may on its own initiative review all actions of the Planning Commission. All Planning Commission actions, accompanied by the record of the proceedings before the Commission, shall be placed as a report item on the City Council's agenda at its regular meeting next followiniz the Commission's action. The Council may, at its next regularly scheduled meeting following the Commission's action, by an affirmative vote of two (2) members, initiate review of the action. In the event the Council initiates such review, the Commission's decision will be staved until the Council completes its proceedings in accordance with the provisions of this Section. fc) At the time the Council votes to initiate review, the applicant shall be informed of the aspects of the application and/or the Commission's decision which the applicant should be prepared to address at the review hearing. The City Clerk shall set the review hearing within 40 days from the date the Council decides to initiate review. The review hearing shall be noticed as required by Section 1605 and shall be conducted as a de novo hearing. The Council may act to uphold, overturn, or otherwise modifv the Commission's original action on the proposal, or the Council may remand the application back to the Commission for further review and direction. (g) The decision of the Council, supported by findings, shall be set forth in full in a resolution. A copy of the decision shall be sent to the applicant. The action of the Council shall be final and conclusive. 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. ZONING ORDINANCE Amend Section 1403b as follows: Delete all references to " " and replace with "Planning Commission" Delete all the following strike through wording and replace with the following underlined wording: .appeals -shall vc- filed -within sappeals. „ " .in writine 10 days from the date of the succeedine reeular Citv Council meeting at which it is determined whether or not to review the decision of the Planning Commission pursuant to Section 2-2.28 of the Municipal Code." Amend Section 1409 as follows: Delete all references to Board of Zoning Adjustment. Delete all the following strike through wording and replace with the following underlined wording: cc .the renderi mmtvnnL__.0 permit. " " .from the date of the succeedine Citv Council meetinia at which it is determined whether or not to review the decision of the Planninia Commission pursuant to Section 2-2.28 of the Municipal Code. " Amend Section 1435 as follows: Delete all the strike through wording and replace with the underlined wording: cc eF+ho D1.,nn:.,g rnm minnien noni nion " .from the date of the succeeding City Council meeting at which it is determined whether or not to review the decision of the Plannintz Commission pursuant to Section 2-2.28 of the Municipal Code." 3 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 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 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 December, 1995, by the following vote: AYES: Benz, Edgerton, Oakes, Reviczky, Mayor Bowler NOES: None ABSTAIN: None ABSENTNon of the City -Council and MAYOR of the City of Hermosa Beach, U1.1 Y I:LhFdl. 4 APPROVED AS TO FORM: CITY ATTO • 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. 95-1145 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, 1995, and was published in the Easy Reader newspaper on December 21, 1995. The vote was as follows: • AYES: Benz, Edgerton, Oakes, Reviczky, Mayor Bowler NOES: None ABSENT- None ABSTAIN: None DATED: December 21, 1995 Deputy City Clerk 0 • PROOF OF PUBLICATION (2015.5 C.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 news- paper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of September 21, 1972, Case Number SWC 22940, that the notice, of which the annexed is a printed copy (set in type not smaller thannonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereofon the following dates, to -wit: I* December 21 all in the year 1995. 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 , 1995. n � Signature I 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 LEGAL NOTICE ER Ref. No. r CITY OF HERMOSA BEACH ORDINANCE NO. 951146 AN ORDINANCE OF THE CITY OF HERMOSA BEACH CALIFORNIA, TO AMEND SECTIONS 1403B, 1409, AND 1435 OF THE ZONING ORDINANCE AND SECTIONS 2-2.27, AND 2-2.28 OF THE HERMOSA BEACH MUNICIPAL CODE REGARDING PROCEDURES FOR CITY COUNCIL'S RECONSIDERATION OF PLANNING COMMISSION'S DECISIONS. WHEREAS, the City Council held a public hearing on November 28, 1995 to consider oral and written testimony and made the -following Findings: A. The City Council has reviewed the draft ordinance thatwould amend the Municipal Code relative to City Council review of Planning Commis- sion decisions which would make it a standard procedure forthe City Coun- cil to decide whether to reconsider any Planning Commission decision at every regular meeting succeeding the meeting of the Planning Commis- sion. B. The time period for private parties to submit appeals of Planning Com- mission decisions should thus start from the date of the Council decision on whether or not to review the deci- sions. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HER- MOSA BEACH, DOES HEREBY. ORDAIN AS FOLLOWS: SECTION I. MUNICIPAL CODE Chapter 2, Article I of the Hermosa Beach Municipal Code is hereby amended by amending Section 2- 2.27 and adding a new Section 2- 2.28 to read as follows: Section 2-227. Appeal fees. Where the zoning ordinance or municipal code allows for an appeal to be filed with the City Council on matters regarding land use, a fee, established pursuant to Chapter 2, Article XIII of the Municipal Code shall accompany such an appeal. In addi- tion to such an appeal fee, the appel- lant shall be responsible for providing any required public noticing and shall pay the direct cost of required news- paper ads. As used in this section 'land use matters' shall include zone variances, conditional use permits, tentative parcel and tract maps, pre- cise plans and any other discretion- ary process by which land use is regulated." No fee shall be required for, and the City shall absorb costs associated with, City Council initiated review of any decision of a subsidiary commission or board of the City. 'Section 2-2.28. City Council re- view ol.decisions of the Planning Commission. (a) The City Council may on its own initiative review all actionsof the Plan- ning Commission. HBL682 (b) Ail Planning Commission actions, accompanied by the record of the proceedings before the Commission, shall be placed as a report item on the City Council's agenda at its regular meeting next following the Commission's action. The Council may, at its next regularly scheduled meeting following the Commission's action, by an affirmative vote of. two (2) members, initiate review of the action. In the event the Council ini- tiates such review, the Commission's decision will be stayed until theCoun- cil completes its proceedings in ac- cordance with the provisions of this Section. (c) At the time the Council votes to initiate review, the applicant shall be informed of the aspects -of the appli- cation and/or the Commission's deci- sion which the applicant should be prepared to address at. the review hearing. (d) The City Clerk shall set the review hearing within 40 days from the date the Council decides to initiate review. (q The review hearing shall be no- ticed as required by Section 1605 and shall be conducted as a de novo hearing. The Council may act to uphold, overturn, or otherwise modify the Commission's original action on the proposal, or the Council may re- mand the application back to the Commission for further review and. direction. (g) The decision of the Council, sup- ported by findings, shall be setforth in full in a resolution. A copy of the decision shall be sent to the appli- cant. The action of the Council shall be final and conclusive. SECTION 2. ZONING ORDINANCE Amend Section 1403b as follows: Delete all references'to'Se&del ZertirtgAdjnvtme Wand replace with 'Planning Commission". Delete all the following strike through wording and replace with the following undedined wording: eppeels sheIl o+e40edo w ;;nT Amend Skfion"1409 as follows: Delete all references to Board of Zoning Adjustment. Delete all the following strike through wording and replace with the following underlined wording: or denying the eendiNened u9e per- mit..." "..from the date of the succeeding City Council meeting at which it is determined whether or not to review the decision of the PlanningCommis- sionpursuant toSection 8ofthe Municinal Code." Amend Section 1435 as follows: Delete all the strike through word- ing and replace with.the underlined wording: .." siert.. - from the date of the succeedino Gjjy Council meeting at which it is determined whether or not to review the decision of the Planning Commir, sian pursuanttoSection 2-2.28 of the Municipal Code" 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 adop- tion. SECTION 4. Prior to the expira- tion of fdteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance 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 5. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same _ in the book of original ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED, and ADOPTED this 14th day of Decem- ber, 1995, by the following vote: AYES: Benz, Edgerton, Oakes, Reviczky, Mayor Bowler NOES: None ABSTAIN: None ABSENT: None John Bowler PRESIDENT of the City Council and MAYORof theCityof Hermosa Beach, ATTEST: Elaine Doerfling CITY CLERK APPROVED AS TO FORM: Michael Jenkins CITY ATTORNEY ER12-21-95/HBL682 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. 96-1146 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE DESIGN STANDARDS FOR COMMERCIAL CONDOMINIUMS WHEREAS, the City Council held a public hearing on December 12, 1995, to consider the j recommendation of the Planning Commission to amend the design standards for commercial condominiums and to receive oral and written testimony and made the following Findings: A. The current design standards for commercial condominiums include requirements for parking per "unit" and for electric and gas meters and shut-off valves for each "unit"; B. "Unit" is not a description or standard of measurement for commercial projects that is referenced elsewhere in the zoning ordinance. Commercial land uses are typically described or measured by square -footage, or number of rooms, making it questionable whether these referenced sections are reasonable or useful; C. 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 hotel definition may have a significant effect on the environment. NOW, THEREFORE, the City Council of the City of Hermosa Beach does hereby ordain that the Municipal Code, Appendix A, Zoning Ordinance, Article 7.2, Division 3, be amended as follows: SECTION 1. Amend Section 7.2-12(g) by eliminating the last sentence that reads "Furthermore, a minimum of two (2) parking spaces per unit shall be required," and amend Section 7.2-13(f) sub -section 1, by eliminating the last sentence that reads "Furthermore, a minimum of two (2) parking spaces per unit shall be required," SECTION 2. Amend Section 7.2-13(f) by eliminating sub -section 4 which requires that each unit have its own electric meter and shut-off system. 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. Amend Section 7.2-13(c) by replacing "Hermosa Improvement Commission" with "The Planning Commission." SECTION 4. This ordinance shall become effective and be in full force and effect from and after thirty (30) days of its final passage and adoption. SECTION 5. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of general circulation published and circulated, in the City of Hermosa Beach, in the manner provided by law. SECTION 6. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. vote: PASSED, APPROVED, and ADOPTED this 9th day of January, 1996, by the following AYES: Benz, Oakes, Reviczky, Mayor Bowler NOES: None ABSTAIN: None ABSENT- E erto PRESILfNT of the City ATTEST - CITY CLERK MAYOR of the City of Hermosa Beach, California -2- APPROVED AS TO 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. 96-1146 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, 1996, and was published in the Easy Reader newspaper on January 18, 1996. • The vote was as follows: AYES: Benz, Oakes, Reviczky, Mayor Bowler NOES: None ABSENT- None ABSTAIN: Edgerton DATED: January 18, 1996 0joa Z -i -A �. Deputy 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 Ange- les, and which newspaper has been adjudged a news- paper 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 news- paper and not in any supplement thereof on the follow- ing dates, to -wit: January 18 all in the year 1996. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, this 18th day of January 1996. i Signature EASY READER, INC. P.O. BOX 427 832 HERMOSAAVENUE, HERMOSA BEACH, CA 9024 Telephone: (310) 372-4611 Proof of Publication of: CITY OF HERMOSA BEACH ER REF. NO. HBL682 CITY OF HERMOSA BEACH ORDINANCE NO. 96-1146 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE DESIGN STANDARDS FOR COMMERCIAL CONDOMINIUMS WHEREAS, the City Council held a public hearing on December 12, 1995, to consider the recommenda- tion of the Planning Commission to amend the design standards forcom- mercial condominiums and to receive oral and written testimony and made the following Findings: A. The current design standards for commercial condominiums include requirements for parking per "unit" and for electric and gas meters and shut-off valves for each "unit'; B. "Unit' is not a description or standard of measurement for com- mercial projects that is referenced elsewhere in the zoning ordinance. Commercial land uses are typically described or measured by square - footage, or number of rooms, making it questionable whether these refer- enced sections are, reasonable or useful; C. The subject text amendment is' exempt from the requirements of the California Environmental Quality Act (CEOA), pursuant to the general rule set forth in Section 15061(3) of the C EOA Guidelines, as there's no pos- sibility that the modification to the hotel definition may -have a significant effect on the environment. NOW, THEREFORE, the City Council of the City of Hermosa Beach does hereby ordain that the Munici- pal Code, Appendix A, Zoning Ordi- nance, Article 7.2, Division 3, be amended as follows: SECTION 1. Amend Section 7.2- 12(g) by eliminating the last sentence that reads "Furthermore, a minimum of two (2) parking spaces per unit shall be required;'"and amend Sec- tion 7.2-13(f) sub -section 1, by elimi- nating the last sentence that reads "Furthermore, a minimum of two (2) parking spaces per unit shall be re- quired," SECTION 2. Amend Section 7.2- 13(f) by eliminating sub -section 4 which requires that each unit have its own electric meter and shut-off sys- tem. SECTION 3. Amend Section 7.2- 13(c) by replacing"Hermosa Improve- ment Commission" with 'The Plan- ning Commission. 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 adop- tion. SECTION 5. Prior to the expira- tion of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly news- paperof general circulation published and circulated, in the City of Hermosa Beach, in the manner provided by law. SECTION 6. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED, and ADOPTED this 9th day of January, 1996, by the following vote: AYES: Benz, Oakes, Reviczky, Mayor Bowler NOES: None ABSTAIN: None ABSENT: Edgerton John L. Bowler PRESIDENT of the City Council and MAYOR ofthe City of Hermosa Beach, California ATTEST: Naoma Valdes DEPUTY CITY CLERK APPROVED AS TO FORM: Michael Jenkins CITY ATTORNEY ERi-18-96/HBL682 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. 96-1147 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DESIGNATING CITY HOLIDAYS AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES ORDAIN AS FOLLOWS: SECTION 1. Section 19-1 of Chapter 19 of the Hermosa Beach Municipal Code is amended by amending the definition of "holidays" to read as follows: "Holidays. Within the meaning of this chapter, holidays are New Year's Day, the first day of January; Dr, Martin Luther King, Jr. Day, the third Monday in January; the third Monday in February; Memorial Day, the last Monday in May; Independence Day, July 4th; Labor Day, the first Monday in September; Veteran's Day, November 11th; Thanksgiving Day; the day after Thanksgiving; Christmas, December 25th. If the first day of January, July 4th, or December 25th falls upon a Sunday, the Monday following is a holiday. If November 11th falls upon a Saturday, the preceding Friday is a holiday." SECTION 2. This ordinance shall become effective and be in full force and effect from and after thirty (30) days of its final passage and adoption. SECTION 3. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of general circulation published and circulated, in the City of Hermosa Beach, in the manner provided by law. SECTION 4. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. -1- 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 vote: PASSED, APPROVED, and ADOPTED this 9th day of January, 1996, by the following AYES: Benz, Oakes, Reviczky, Mayor Bowler NOES: None ABSTAIN: None ABSENT dRedon--'- PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, ATTEST; CITY CLERK -2- APPROVED AS TO FORM: CITY ATTO 9�Y_, LJ 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. 96-1147 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, 1996, and was published in the Easy Reader newspaper on January 18, 1996. • The vote was as follows: AYES: Benz, Oakes, Reviczky, Mayor Bowler NOES: None AB SENT - None ABSTAIN: Edgerton DATED: January 18, 1996 4-_—_ Deputy City Clerk 0 C7 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 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 Ange- les, and which newspaper has been adjudged a news- paper 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 news- paper and not in any supplement thereof on the follow- ing dates, to -wit: January 18 all in the year 1996. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, this 18th day of Janua 1996. 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 ER REF. NO. HBL 6 8 3 o j=� CITY OF HERMOSA BEACH ORDINANCE NO. 96.1147 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DESIGNATING CITY HOLIDAYS AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES ORDAIN AS FOLLOWS: SECTION 1.Section 19-1 ofChap- ter 19 of the Hermosa Beach Munici pal Code is amended by amending the definition of "holidays" to read as follows: "Holidays. Within the meaning of this chapter, holidays are New Years Day, the first day of Janu- ary; Dr. Martin Luther King, Jr. Day, the third Monday in Janu- ary; the third Monday in Febru- ary; Memorial Day, the last Mon- day in May; Independence Day, July 4th; Labor Day, the first Mon- day in September, Veteran's Day, Novemberllth; Thanksgiving Day, the day after Thanksgiving; Christmas, December 25th. If the first day of January, July 4th, or December 25th falls upon a Sunday, the Monday following is a holiday. If November Ilth falls upon a Saturday, the preceding Friday is a holiday:" 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 adop- tion. SECTION 3. Prior to the expira- tion of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly news- paperof 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 9th day of January, 1996, by the following vote: AYES: Benz, Oakes, Reviczky, Mayor Bowler NOES: None ABSTAIN: None ABSENT: Edgerton John Bowler PRESIDENT of the City Council and MAYORof theCity of Hermosa Beach, ATTEST: Naoma Valdes DEPUTY CITY CLERK APPROVED AS TO FORM: Michael Jenkins CITY ATTORNEY ERl-16-96fHBL6a3 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. 96-1148 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING ORDINANCE DEFINITIONS OF "HOTEL" AND "MOTEL." WHEREAS, the City Council held a public hearing on January 23, 1996 to consider the recommendation of the Planning Commission to amend the definition of "hotel' and to receive oral and written testimony and made the following Findings: A. The current definition of hotel includes reference to standards which state that only a limited number of rooms may have kitchen facilities, and specifies a minimum lobby size; B. These parts of the definition act as development standards, which are not typically included in a definition of a type of land use; C. These standards may unnecessarily limit design flexibility and, further, it is questionable whether they serve a legitimate public purpose given that the ultimate design and development of a hotel project is subject to review and approval through the Precise Development Plan review process; D. 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 hotel definition may have a significant effect on the environment. NOW, THEREFORE, the City Council of the City of Hermosa Beach does hereby ordain that the Municipal Code, Appendix A, Zoning Ordinance, be amended as follows: SECTION 1. Amend the definitions of Hotel and Motel, contained in the alphabetical list of commercial land use definitions in Article 2. 1, to read as follows: "Hotel. One (1) or more buildings containing six (6) or more guest rooms, with such rooms being designed, intended to be used or are used, rented or hired out as 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 temporary or overnight accommodations for guests in which daily services of linen change, towel change, soap change and general clean-up are provided by the management. No room may be used, rented or hired out by the same person or persons for a period exceeding 90 days per year, whether or not consecutive. Access to all rooms is provided through a common entrance; and the project shall include a registration lobby manned on a twenty -four-hour basis. This definition excludes jails, hospitals, asylums, sanitariums, orphanages, prisons, detention homes and similar buildings where human beings are housed and detained under legal restraint. The decision-making body shall have the authority to set any limitation on the number and/or type of kitchenette facilities provided in the guest rooms for projects located on parcels of greater than 20,000 square feet. Motel: One (1) or more buildings containing guest rooms with such rooms being designed, intended to be used or are used, rented or hired out as temporary or overnight accommodations for guests, in which daily services of linen change, towel change, soap change and general clean-up are provided by the management. No room may be used, rented or hired out by the same person or persons for a period exceeding 90 days per year, whether or not consecutive. Such facilities are designed, and used for automobile tourists or transients and shall include a registration/checkout service on a twenty -four-hour basis. This definition excludes jails, hospitals, asylums, sanitariums, orphanages, prisons, detention homes and similar buildings where human beings are housed and detained under legal restraint. The decision-making body shall have the authority to set any limitation on the number and/or type of kitchenette facilities provided in the guest rooms for projects located on parcels of greater than 20,000 square feet." 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. -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 3. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of general circulation published and circulated, in the City of Hermosa Beach, in the manner provided by law. SECTION 4. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED, and ADOPTED this 13th day of February, 1996, by the following vote: AYES: Benz, Edgerton, Reviczky, Mayor Bowler NOES: None ABSTAIN: None ABSENT- Qakt6 PRESI&NT of the City Council and MAYOR of the City of Hermosa Beach, California City Clerk -3- 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. 96-1148 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, 1996, and was published in the Easy Reader newspaper on February 22, 1996. • The vote was as follows: AYES: Benz, Edgerton, Reviczky, Mayor Bowler NOES: None ABSENT- Oakes ABSTAIN: None DATED: February 22, 1996 4 Deputy City C erk 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 LosAnge- les, and which newspaper has been adjudged a news- paper 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 news- paper and not in any supplement thereof on the follow- ing dates, to -wit: February 22 all in the year 1996. 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 1996. Signature EASY READER, INC. P.O. BOX 427 832 HERMOSAAVENUE, HERMOSA BEACH, CA 90254 Telephone: (310) 372-4611 Proof of Publication of: CITY OF HERMOSA BEACH ER REF. NO. HBL6 85 CITY OF HERMOSA BEACH ORDINANCE NO. 96-1148 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING ORDINANCE DEFINITIONS OF "HOTEL" AND "MOTEL." WHEREAS, the City Council held a public hearing on January 23,1996 to consider the recommendation of the Planning Commission to amend the definition of "hotel"and to receive oral and written testimony and made the following Findings: A. The current definition of hotel includes reference to standards which state that only a limited number of rooms may have kitchen facilities, and specifies a minimum lobby size; B. These parts of the definition act as development standards, which are not typically included in a definition of a type of land use; C. These standards may unneces- sarily limit design flexibility and, fur- ther, it is questionable whether they serve a legitimate public purpose given that the ultimate design and development of a hotel project is sub- ject to review and approval through the Precise Development Plan re- view process; D.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 C EQA Guidelines, as there is no pos, sibility that the modification to the hotel definition may have a significant effect on the environment. NOW, THEREFORE, the City Council of the City of Hermosa Beach does hereby ordain that the Munici- pal Code, Appendix A, Zoning Ordi- nance, be amended as follows: SECTION 1. Amend the defini- tions of Hotel and Motel, contained in the alphabetical list of commercial land use definitions in Article 2.1, to read as follows: "Hotel. One (1) or more buildings containing six (6) or more guest rooms, with such rooms being de- signed, intended to be used or are used, rented or hired out as tempo- rary or overnight accommodations for guests in which daily services of linen change, towel change, soap change and general clean-up are pro- vided by the management. No room may be used, rented or hired out by the same person or persons for a period exceeding 90 days per year, whether or not consecutive. Access to all rooms is provided through a common entrance; and the project shall include a registration lobby manned on a twenty -four-hour basis. ; This definition excludes jails, hospi- tals, asylums, sanitariums,, orphan -.I ages, prisons, detention homes and similar buildings where human be i Ings are housed and detained under legal restraint The decision-making body shall have the authority to set any limita- tion on the number and/or type, of: kitchenette facilities provided in the guest rooms for projects located on parcels of greaterthan 20,000 square feet. "Motel": One (1) or more buildings containing guest rooms with such rooms being designed, intended to be used or are used, rented or -hired out as temporary or overnight ac- commodations for guests, in which; daily services of linen change, towel i change, soap change and general clean-up are provided by the man-; agement. No room may be used,) rented or hired out by the same per- son or persons for a period exceed- ing 90 days per year, whether or not consecutiv ;. Such facilities are de- signed, and used for automobile tour- ists or transients and shall include a registration/checkout service on a twenty -four-hour basis. This definition excludes jails, hos- pitals, asylums, sanitariums, orphan- ages, prisons, detention homes and similar buildings where human be- ings are housed and detained under legal restraint. The decision-making body shall have the authority to set any liMfta- tion on the number and/or type of kitchenette facilities provided in the guest rooms for projects located on parcels of greaterthan 20,000 square feet. 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 adop- tion. SECTION 3. Prior to the expira- tion of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly news- paperofgeneral circulation published and circulated, in the Cityof Hermosa Beach, in the manner provided by law. SECTION 4. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED, and ADOPTED this 13th day of February, 1996, by the i following vote: AYES: Benz, Edgerton, Reviczky, Mayor Bowler NOES: None ABSTAIN: None ABSENT: Oakes John Bowler PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: Naoma Valdes Deputy City Clerk APPROVED AS TO FORM: Michael Jenkins City Attorney ER2-22-96/HBL685 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. 96-1149 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA AMENDING CHAPTER 11 SECTIONS 11-4.2 AND 11-4.6 OF THE MUNICIPAL CODE REGARDING UNDERGROUND UTILITY REQUIREMENTS WHEREAS, Section 11-4.1 of the Municipal Code requires that all new buildings and structures in the City shall provide underground electrical and communications services on the premises to be served; and WHEREAS, Section 11-4.2 of the Municipal Code provides that electrical service also be placed underground when existing buildings or structures are repaired, remodeled or expanded, where the value (as determined for building permit fee purposes in a five year period for such buildings or structures does not exceed thirty thousand ($30,000)); and WHEREAS, the valuation for building permit fees has been adjusted relative to current local construction costs pursuant to Section 107 of the Municipal Code; and WHEREAS, the Section 11-4.6 of the Municipal Code provides that the Board of Appeals may grant a waiver of underground requirements if topographical, soil or any other conditions make such underground installations unreasonable or impractical. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1 Section 11-4.2 of the Hermosa Beach Municipal Code shall be amended to read as follows: Such service wires shall also be placed underground when existing building 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 107 1 of this Code) of such repairs or remodeling in a five year period exceeds fifty percent (50%) of the value of the existing structure. 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 11-4.6 shall be amended to read: All construction valued in excess of fifty percent (50%) of the value of the existing structure pursuant to Section 107 1 of this Code 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. SECTION 2 This ordinance shall be effective and be in full force and effect from and after thirty (30) days of its final passage and adoption. SECTION 3 Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of general circulation published and circulated, in the City of Hermosa Beach, in the manner provided by law. SECTION 4 The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 13th day of February, 1996 by the following vote: AYES: Benz, Edgerton, Reviczky, Mayor Bowler NOES: None ABSTAIN: None ABSENT- 0 es n PRESIDETVof the City Council and MAYOR of the City of Hermosa Beach, California -2- PROVED 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. 96-1149 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, 1996, and was published in the Easy Reader newspaper on February 22, 1996. • The vote was as follows: AYES: Benz, Edgerton, Reviczky, Mayor Bowler NOES: None AB SENT - Oakes ABSTAIN: None DATED: February 22, 1996 j6A ewn-- 11", 1 Deputy City Clerk lJ 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 Ange- les, and which newspaper has been adjudged a news- paper 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 news- paper and not in any supplement thereof on the follow- ing dates, to -wit: February 22 all in the year 1996. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, this 22nd day of Februar 1996. Sianaturc EASY READER, INC. P.O. BOX 427 832 HERMOSAAVENUE, HERMOSA BEACH, CA 90254 Telephone: (310) 372-4611 Proof of Publication of: CITY OF HERMOSA BEACH ER REF. NO. HBL686 CITY OF HERMOSA BEACH ORDINANCE NO. 961149 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA AMENDING CHAPTER 11 SECTIONS 11-4.2 AND 11-4.6 OF THE MUNICIPAL CODE REGARDING UNDERGROUND UTILITY REQUIREMENTS WHEREAS, Section 11.4.1 ofthe Municipal Code requires that all new buildings and structures in the City shall provide underground electrical and communications services on the premises to be served; and WHEREAS, Section 11-4.2 ofthe Municipal Code provides that electrim cal service also be placed under - .ground when existing buildings or structures are repaired, remodeled or expanded, where the value (as determined for building permit fee purposes in a five year period for such buildings or structures does not i` exceed thirty tfiousand ($30,000)); and i WHEREAS,thevaluationforbuild- ing permit fees has been adjusted relative to current local construction costs pursuant to Section 107 of the Municipal Code; and WHEREAS, the Section 11 -4.6 of the Municipal Code provides that the Board of Appeals may grant a waiver of underground requirements if topo- graphical, soil or any otherconditions make such underground installations unreasonable or impractical. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HER- MOSA BEACH DOES HEREBY OR- DAIN AS FOLLOWS: SECTION 1 Section 11-4.2 ofthe -Hermosa Beach Municipal Code shall be amended to read as follows: Such service wires shall also be Placed underground when existing building. or structures are repaired, remodeled or expanded , except where no new dwelling units are cre- ated -and where the value (as deter- mined. for building permit fee pur- poses as provided by Section 107.1 of this Code) of such repairs or re- modeling in a five year period ex- ceeds fifty percent (50%) of the value of the existing structure.Section 11- 4.6 shall be amended to read: All constructiodvalued in excess of fifty percent (50%) of the value of the existing structure pursuant to Section 107.1 of this Code shall re- quire underground installations ex- cept where Southern California Edison deems in writing such under- ground installations infeasible based upon its service requirements or to unavailability of necessary ease- ments. SECTION 2 This ordinance shall be 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 It 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 circulation published and cir- culated, in theCityof Hermosa Beach, in the manner provided by law. SECTION 4 The City Clerk shall certifyto 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 ofthe proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 13th day of February, 1996 by the following vote:." AYES: Benz, Edgerton, Reviczky, Mayor Bowler NOES: None ABSTAIN: None ABSENT: Oakes John Bowler PRESIDENT ofthe City Council and MAYOR ofthe City of Hermosa Beach, California ATTEST: Naoma Valdes Deputy City Clerk APPROVED AS TO FORM: Michael Jenkins City Attorney ER2-22-96/HBL666 pp- • • C 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 0 27 28 ORDINANCE NO. 96-1150 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING BY REFERENCE AND AMENDING THE "UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1994 EDITION," PROMULGATED AND PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS, AMENDING PROCEDURES FOR NUISANCE ABATEMENT AND SEISMIC STRENGTHENING OF UNREINFORCED MASONRY BEARING WALL BUILDINGS, AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Article III of Chapter 7 (Buildings) of the Hermosa Beach Municipal Code is hereby added to read as follows: "ARTICLE HI. ABATEMENT OF DANGEROUS BUILDINGS Sec. 7-3. Adoption of Uniform Code for the Abatement of Dangerous Buildings. That certain code designated as the "Uniform Code for the Abatement of Dangerous Buildings, 1994 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 article as though set forth in this article in full, subject, however, to the amendments, additions and deletions set forth in this article, 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. Sec. 7-3.1. Abatement of Dangerous Buildings. Section 202 of the Abatement of Dangerous Buildings Code is hereby amended to read as follows: "SECTION 202 - ABATEMENT OF DANGEROUS BUILDINGS All buildings or portions thereof which are determined after inspection by the Building Official to be dangerous as defined in this code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in Section 401 of this code or in Chapter 20 of the Hermosa Beach Municipal Code." 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 Sec. 7-3.2. Board of Appeals. Section 205.1 of the Abatement of Dangerous Buildings Code is hereby amended to read as follows: "205.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the Director of Community Development 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. The Director of Community Development 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 shall be appointed by the City Council and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant, with a duplicate copy to the Director of Community Development. Appeals to the board shall be processed in accordance with the provisions contained in Section 501 of this code. Copies of all rules or regulations adopted by the board shall be delivered to the Director of Community Development, who shall make them freely accessible to the public." See. 7-3.3. Unretrofitted Masonry Bearing Wall Buildings Defined as Dangerous Buildings Section 302 of the Abatement of Dangerous Buildings Code is hereby amended by adding paragraph 19 to read as follows: "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 7-V-2 of the Hermosa Beach Municipal Code."" SECTION 2. Article V of Chapter 7 (Buildings) of the Hermosa Beach Municipal Code is hereby amended by adding Sections 7-5.1 through 7-5.6 and Tables 7-V-1 and 7-V-2 to read as follows: "Sec. 7-5.1. Purpose of Article. The purpose of this article is to promote public safety and welfare by reducing the risk of death or injury that may result from the effects of earthquakes on existing unreinforced masonry bearing wall buildings. The provisions of this article are intended as minimum standards for structural seismic resistance. The provisions are established primarily to reduce the risk of life, loss or injury. Compliance with these provisions will not necessarily prevent loss of life or injury, or prevent earthquake damage to rehabilitated buildings. -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 • 27 28 Sec. 7-5.2. Scope of Article. The provisions of this article shall apply to all existing buildings having at least one unreinforced masonry bearing wall. Unreinforced masonry bearing wall buildings constructed of hollow concrete blocks or hollow clay tiles that do not exceed two stories in height may be strengthened using these provisions. Bonding of hollow concrete block or hollow clay tile walls shall be verified to the satisfaction of the Building Official. It shall be shown by testing that the tile or block units are of bearing type and the capacity of the wall in bearing and shear based on net area in contact through bed joints is not less that those allowed for solid brick. When a permit for reroofing of any building regulated by this ordinance is applied for, the requirements for parapet bracing and tension wall anchors between the roof and all exterior walls shall be complied with. Exceptions: This article shall not apply to: 1, Detached one- or two-family dwellings and detached apartment houses containing less than 5 dwelling units and used solely for residential purposes; or 2. Essential or hazardous facilities as defined in Table 16-K of the Building Code. Such structures shall comply with the Building Code. Sec. 7-5.3. Definitions. For the purposes of this article, the applicable definitions in the Building Code shall apply. In addition, the following definitions shall apply: HIGH RISK BUILDING shall mean any building, other than an essential or hazardous facility, having an occupant load of 300 occupants or more as determined by Section 1002 of the Building Code. Exceptions: A high risk building shall not include the following: 1. Any building having exterior walls braced with masonry crosswalls or woodframe crosswalls spaced less than 40 feet apart in each story. Crosswalls shall be full -story height with a minimum length of 1-1/2 times the story height. 2. Any building used for its intended purpose, as determined by the Building Official, for less than 20 hours per week. LOW RISK BUILDING shall mean any building, other than an essential or hazardous facility, having an occupant load as determined by Section 1002 of the Building Code of less than 25 occupants. MEDIUM RISK BUILDING shall mean any building, not classified as a high risk building or an essential or hazardous facility, having an occupant load as determined by Section 1002 of the Building Code of 25 occupants or more, including buildings of greater than 300 occupants used less than 20 hours per week. -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 Sec. 7-5.4. Rating Classifications. The rating classifications identified in Table 7-V-1 are hereby established and each building within the scope of this article shall be placed in one such rating classification by the Building Official. The total occupant load of the entire building as determined by Section 1002 of the Building Code shall be used to determine the rating classification. Exception: For purposes of this article, portions of buildings constructed to act independently when resisting seismic forces may be placed in separate rating classifications. Sec. 7-5.5. Compliance Requirements. 1. The owner of each building within the scope of this article shall, upon service of an order and within the time limits set forth in this article, cause a structural analysis to be made of the building by an engineer or architect licensed by the state to practice as such. If the building does not comply with earthquake standards specified in this article, the owner shall cause it to be structurally altered to conform to such standards or shall cause the building to be demolished. 2. The owner of a building within the scope of this article shall comply with the requirements set forth above by submitting to the Building Official for review: i. Within 270 days after service of the order, a structural analysis, which is subject to approval by the Building Official and which shall demonstrate that the building meets the minimum requirements of this article; ii. Within 270 days after service of the order, the structural analysis and plans for structural alterations of the building to comply with this article; iii. Within 180 days after service of the order, plans for the installation of wall anchors in accordance with the requirements of this article; or iv. Within 270 days after service of the order, plans for the demolition of the building. 3. After plans are submitted and approved by the Building Official, the owner shall obtain a building permit, then commence and complete the required construction or demolition within the time limits set forth in Table 7-V-2. 4. Owners electing to comply with paragraph 2(iii) of this section are also required to comply with paragraph 2(ii) or 2(iv) of this section; provided, however, that the 270 -day period provided for in paragraph 2(ii) or 2(iv) shall commence from the date on which plans are submitted pursuant to paragraph 2(iii) and the time limit to complete structural alterations or building demolition shall be extended in accordance with Table 7-V-2. Sec. 7-5.6. Administration. 1, Order - Service. i. The Building Official shall, in accordance with the priorities set forth in Table 7-V-1, issue an order as provided in this section to the owner of each building within the scope of this article. 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 ii. Prior to the service of an order, a bulletin may be issued to the owner as shown upon the last equalized assessment roll or to the person in apparent charge or control of a building considered by the Building Official to be within the scope of this article. The bulletin may contain information the Building Official deems appropriate. The bulletin may be issued by mail or in person. 2. Order - Priority of Service. Priorities for the service of the order for buildings within the scope of this article shall be in accordance with the rating classification as shown on Table 7-V-1, Within each separate rating classification, the priority of the order shall normally be based upon the occupant load of the building. The owners of the buildings housing the largest occupant loads shall be served first. The Building Official may, upon receipt of a written request from the owner, order such owner to bring his building into compliance with this article prior to the date for otherwise required under this article. 3. Order - Contents. The order shall be in writing and shall be served either personally or by certified or registered mail upon the owner as shown on the last equalized assessment roll and upon the person, if any, in apparent charge to control of the building. The order shall specify that the building has been determined by the Building Official to be within the scope of this article and, therefore, is required to meet the minimum seismic standards of this article. The order shall specify the rating classification of the building and shall be accompanied by a copy of Section 7- 5.5, which sets forth the owner's alternatives and time limits for compliance. 4. Appeal from Order. The owner of the building may appeal the Building Official's initial determination that the building is within the scope of this article to the Board of Appeals, established by Section 105 of the Building Code. Such appeal shall be filed with the Board within 60 days from the service date of the order described in paragraph 3 hereof. Any such appeal shall be given a written decision by the Board within 90 days, with the grounds thereof stated clearly and concisely. Appeals or requests for modifications from any other determinations, orders or actions by the Building Official pursuant to the article shall be made in accordance with the procedures established in Sections 104 and 105 of the Building Code. 5. Recordation. At the time that the Building Official serves the aforementioned order, the Building Official shall also file with the office of the County Recorder a certificate stating that the subject building is within the scope of this article and is a potentially earthquake hazardous building. The certificate shall also state that the owner thereof has been ordered to structurally analyze the building and to structurally alter or demolish it where compliance with this article has not been demonstrated. If the building is either demolished, found not to be within the scope of this article, or is structurally capable of resisting minimum seismic forces required by this article as a result of structural alterations or an analysis, the Building Official shall file with the office of the County Recorder a form terminating the status of the subject building as being classified within the scope of this article. 6. Enforcement. If the owner or person in charge or control of the subject building fails to comply with any order issued by the Building Official pursuant to this article -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 within any of the time limits set forth in Section 7-5.5, the Building Official shall verify that the record owner of this building has been properly served. If the order has been served on the record owner, then the Building Official shall order that the entire building be vacated and that the building remain vacated until such order has been complied with. If compliance with such order has not been accomplished within 90 days after the date the building has been ordered vacated or such additional time as may have been granted by the Board of Appeals, the Building Official may order its demolition in accordance with the provisions of Section 102 of the Building Code. Table 7-V-1 Rating Classifications Type of Building Classification Occupant Load Essential or Hazardous Facility I n/a High Risk Building II >300 Medium Risk - A III -A 100 to 300 Medium Risk - B III -B 50 to 99 Medium Risk - C III -C 25 to 49 Low Risk Building IV <25 Table 7-V-2 Schedule of Seismic Strengthening of Unreinforced Masonry Buildings 'Building Ris 'Occupant 2Install parapet3Complete 4, 'Complete Classification Load bracing and strengthening strengthening wall anchors at after parapet without parapet roof bracing bracing being don first II >300 July 1, 1995 Jan 1, 1998 Jan 1, 1996 III -A 100 to 300 Jan 1, 1996 Jan 1, 1999 Jan 1, 1997 III -B 50 to 99 Jan 1, 1996 Jan 1, 2000 Jan 1, 1998 III -C 25 to 49 Jan 1, 1996 Jan 1, 2001 Jan 1, 1999 IV <25 Jan 1, 1996 Jan 1, 2002 Jan 1, 2000 ' Building risk classifications are based on the building occupant load as determined by the Uniform Building Code. 2 Parapet bracing includes bracing the parapets on all walls of the building and installing tension anchors from the walls to the roof on all walls. See special requirements for work required when a reroofing permit is applied for. -6- 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 3 Complete strengthening includes the remainder of the strengthening work as required by this article. Parapets and wall anchor installation were completed in an earlier phase. 4 Complete strengthening includes all strengthening required by this article, including parapet bracing and wall anchors. 5 All buildings regulated by this article, undergoing a change of occupancy, may be strengthened in accordance with those provisions. SECTION 3. Section 20-2 (Enumeration of nuisances) of Chapter 20 (Nuisances) of the Hermosa Beach Municipal Code is hereby amended by adding paragraph (e) to read as follows: "(e) Maintaining premises detrimental to property of others. Maintaining any condition of premises which is detrimental to the property of others, including, but not limited to, keeping or depositing on the premises, or scattering over the premises, any of the following: (1) Lumber, junk, trash, debris, or an accumulation of substantial quantities of loose earth, rocks or pieces of concrete; (2) Abandoned, discarded, unused or deteriorating materials, objects or equipment, such as furniture, bedding, machinery, packing boxes, cans or containers; (3) Stagnant water, unfilled excavations, any earth or sand which has eroded and sloughs onto an adjoining sidewalk or street; (4) Any fence, structure or vegetation which is unsightly by reason of its condition or its inappropriate location; (5) Abandoned, wrecked, dismantled, or inoperative vehicles, or parts thereof, including automobiles, trucks, motorcycles, bicycles, boats, trailers or similar vehicles; or (6) Barbed-wire fences or limbs of trees, shrubs, hedges or vegetable growth so situated or located as to endanger persons traversing streets or sidewalks in the immediate area thereof. "Premises" as used herein shall mean and include real property, landscaping, plantings, trees, bushes, fences, buildings, structures, improvements, fixtures and the exterior storage of personal property, equipment, supplies or vehicles." SECTION 4. Section 20-5 of Chapter 20 (Nuisances) of the Hermosa Beach Municipal Code is hereby amended in its entirety to read as follows: "Sec. 20-5 Abatement procedure a. Determination by Director; resolution of intent to conduct hearing. Whenever the Director of Community Development finds that a nuisance exists on any property within the City, the City Council may, by resolution, declare its intent to conduct a public hearing to determine whether the same constitutes a public nuisance. Said resolution shall indicate the council's intent to commence abatement proceedings, as herein provided, and shall describe the premises involved by the street address or other description as is reasonably necessary to identify the same. -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 b. Posting of notice of hearing. At least fifteen (15) days prior to the date set for the public hearing, the Director of Community Development shall cause to be conspicuously posted upon the premises: (1) A certified copy of such resolution; and (2) At least two (2) notices of the time and place of hearing before the council, which notices shall be entitled: "NOTICE OF HEARING TO ABATE NUISANCE" and shall be substantially in the following form: "Notice is hereby given that on the _ day of , 19_, the City Council of the City of Hermosa Beach passed a resolution declaring its intention to conduct a public hearing to determine whether that (those) certain (premises) (building(s)) (structure(s)) located upon that certain real property situated in the City of Hermosa Beach, State of California, known and designated as (address) in said City, more particularly described as (legal description), constitute(s) a public nuisance which must be abated. If said (premises) (building(s)) (structure(s)), in whole or in part, are found to constitute a public nuisance, and are not abated within the time specified by the City Council, the same will be abated by the City, in which case the cost of such abatement will be assessed upon and against the land on which said (premises) (building(s)) (structure(s)) (is) (are) located and that the cost thereof will constitute a lien upon such land until paid. Said nuisance consists of the following: (Description) All persons having any objections to or interest in said matter are hereby advised to attend a meeting of the City Council of the City of Hermosa Beach, to be held in the Council Chamber, City Hall, Civic Center, located at 1315 Valley Drive in the City of Hermosa Beach, California, on the day of , 19_, at the hour of (a.m.) (p.m.) of said day, when their evidence relating to said matter will be heard and given due consideration. DATED: By Order of the City Council City Manager" Proof of service of such notice and resolution shall be made by affidavit and filed with the City Clerk. c. Service of notice of hearing. In addition to posting the resolution and notice described above, the Director of Community Development shall cause to be served upon the owner of each of the affected premises a certified copy of the resolution and notice at least fifteen (15) days before the time fixed for the hearing before the council. Service of said notice and resolution shall be by depositing a copy of said notice and resolution in the course of transmission of the United States -8- 2 3 4 s 6 7 8 9 10 12 13 • 14 1s 16 17 18 19 20 21 22 23 24 25 26 27 28 Postal Service, enclosed in a sealed envelope, with the postage thereon fully prepaid. Said envelope shall be registered or certified, and shall be addressed to said owner at the last known address of said owner as reflected on the current tax rolls of the city. The service is complete at the time of its deposit in the United States Postal Service. Proof of service of such notice and resolution shall be made by affidavit and filed with the City Clerk. "Owner" as used herein shall mean any person having or claiming to have any legal or equitable interest in or to be free relating to said premises, as disclosed by a title search to be conducted under the supervision of the City Attorney, using an acceptable title company. d. Hearing by City Council. Unless the nuisance has already been abated, the City Council, at the time stated in the notice, shall hear and consider all relevant evidence, including, but not limited to, testimony from owners, witnesses, parties interested and staff reports relative to the matter; said hearing may be continued from time to time. Upon the conclusion of the hearing, the City Council may, based upon said evidence, determine whether the premises, or any part thereof, as maintained, constitutes a nuisance. If it is determined that the same does constitute a nuisance, the council may order the same abated, within a reasonable time. e. Resolution of abatement. The City Council's decision shall be by resolution, which shall contain the informal findings of the council upon which such determination of nuisance is based, shall order the abatement of the nuisance, shall describe the needed corrections and/or repair necessary to abate the nuisance, and shall contain the time within which the nuisance is to be abated. A copy of the resolution ordering the abatement of the nuisance shall be served upon the owner of the affected premises, and other persons having an interest therein, in accordance with the provisions of paragraph c hereof. Any property owner shall have the right to have the nuisance, as declared, abated, provided the same is completed prior to the expiration of the period of time set forth in said resolution. The time set for abatement, upon good cause shown, may be extended for a reasonable time by the council. f. Final notice. Upon expiration of the time specified for abatement, the city attorney shall notify the owner of the affected premises, and other persons having an interest therein, by registered or certified mail, of such expiration, and inform such person that such abatement must be completed or a further appeal made to the city council within ten (10) days from the date of mailing. g. City abatement. If the nuisance is not abated within the time set forth in the resolution ordering abatement, or such later date as may be determined by the City Council, the City Attorney shall affirm and attest to the Director of Community Development that the proceedings set forth hereunder have been legally conducted and are concluded, whereupon the Director of Community Development is empowered to cause the nuisance to be abated by city forces or private contract. Upon obtaining an abatement warrant, the Director of Community Development is hereby expressly authorized to enter upon the premises for the purpose of abating such nuisance in the manner herein provided. -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 28 SECTION 5. Section 20-6 of Chapter 20 (Nuisances) of the Hermosa Beach Municipal Code is hereby amended in its entirety to read as follows: Sec. 20-6 Recovery of nuisance abatement costs. a. Report of cost of abatement. The Director of Community Development shall keep an accounting of the cost, including incidental expenses, of abatement of nuisances under Section 20-5 or Section 20-8 of this chapter for each separate lot or parcel of land where the abatement work has been done and shall render an itemized report in writing to the City Council showing the cost of abatement, less any salvage value, if applicable. Provided, that before said report is submitted to the city council for confirmation, a copy of the same shall be posted for at least fifteen (15) days upon the property upon which the nuisance was situated, together with a notice of the time when said report shall be submitted to the city council for confirmation; a copy of said report and notice shall be served upon the owner of said property, in accordance with the provisions of paragraph c of Section 20-5 of this chapter, at least fifteen (15) days prior to the submittal of the report to the council for confirmation; proof of such posting and service shall be made by affidavit and filed with the City Clerk. The term "incidental expenses" shall include, but not be limited to, the actual expenses and costs of the City in the preparation of notices, specifications and contracts, and in inspecting the work, and the costs of the printing and mailings required hereunder. b. Report; hearing and proceedings. At the time and place fixed for receiving and considering said report, the City Council shall hear and pass upon the report of the Director of Community Development, together with any objections or protests, which must be in writing, submitted by any of the persons liable to be assessed for the cost of abating such nuisance. Thereupon, the City Council may make such revision, correction or modification to said report as it may deem just, after which, by resolution, the report as submitted, or as revised, corrected or modified, shall be confirmed. The hearing may be continued from time to time. The decision of the City Council shall be final and conclusive. c. Assessment of costs against property; special assessment. The amount of the cost of abatement of such nuisance upon any lot or parcel of land, including incidental expenses, as confirmed by the city council, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and after its recording, as thus made and confirmed, shall constitute a lien on said property in the amount of such assessment. After confirmation of the report of the cost of abatement, notice of the assessment shall be mailed, by certified mail, to the owner of each property to be assessed, if the property owner's identity can be determined from the county assessor's or county recorder's records. The notice shall specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments. A copy of the report shall be transmitted to the assessor and tax collector of the County of Los Angeles, whereupon it shall be the duty of said assessor and tax collector to add the amount of such assessment or assessments to the next regular bill of taxes levied against the said respective lots and parcels of land for municipal purposes, and thereafter said amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same 10- 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 penalties and the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes. d. Assessment of costs against property; lien. The City may collect abatement and related administrative costs by a nuisance abatement lien. After confirmation of the report of the cost of abatement, and prior to recordation of the lien, notice of the lien shall be provided to the owner of record of the parcel of land on which the nuisance is maintained, based on the last equalized assessment roll or the supplemental roll, whichever is more current. The notice shall be served in the same manner as summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. If the owner of record, after diligent search cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of 10 days and publication thereof in a newspaper of general circulation published in the county in which the property is located pursuant to Section 6062. A nuisance abatement lien shall be recorded in the county recorder's office in the county in which the parcel of land is located and from the date of recording shall have the force, effect, and priority of a judgment lien. A nuisance abatement lien authorized by this section shall specify the amount of the lien, the name of the agency on whose behalf the lien is imposed, the date of the abatement order, the street address, legal description and assessor's parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner of the parcel. In the event that the lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified above shall be recorded by the City. A nuisance abatement lien may be foreclosed by an action brought by the city for a money judgment. The City may recover from the property owner any costs incurred regarding the processing and recording of the lien and providing notice to the property owner as part of its foreclosure action to enforce the lien. SECTION 6. Section 20-13 of Chapter 20 (Nuisances) of the Hermosa Beach Municipal Code is hereby added to read as follows: Sec. 20-13. Other remedies. Nothing in this chapter shall be deemed to prevent the City Council from ordering the City Attorney to commence a civil action to abate a nuisance as an alternative to or in conjunction with the proceedings herein set forth or to initiate a criminal action against the responsible party for the maintenance of a nuisance. SECTION 7. 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 8. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of official ordinances of said city; shall make minutes of the 11- 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 13th day of February, 1996, by the following vote: AYES; Benz, Edgerton, Reviczky, Mayor Bowler NOES: None ABSENT: akes ABSTAI * ne of the City Council and MAYOR of the City of Hermosa Beach ATTEST - CITY CLERK -12- CITY A TO 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. 96-1150 was duly and regularly 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 February, 1996, and was published in the Easy Reader newspaper on February 22, 1996. 0 The vote was as follows: AYES: Benz, Edgerton, Reviczky, Mayor Bowler NOES: None ABSENT- Oakes ABSTAIN: None DATED: February 22, 1996 Deputy City Clerk • • • 0 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 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 LosAnge- les, and which newspaper has been adjudged a news- paper 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 news- paper and not in any supplement thereof on the follow- ing dates, to -wit: February 22 all in the year 1996. 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 1996. Si anature EASY READER, INC. P.O. BOX 427 832 HERMOSAAVENUE, HERMOSA BEACH, CA 9024 Telephone: (310) 372-4611 Proof of Publication of: CITY OF HERMOSA BEACH ER REF. NO. HBL6 84 CITY OF HERMOSA BEACH SUMMARY OF ORDINANCE NO. 95-1150 Prepared by City Attorney Michael Jenkins, February 8, 1996 SUMMARY OF ABATEMENT ORDINANCE Ordinance No. 96-1150 adopts by reference the Uniform Code for the Abatement of Dangerous Buildings, a State code which provides proce- dures governing the method by which the City notifies building owners of the existence of dangerous condi- tions on their property and orders those conditions eliminated. In the event building owners decline toabate dangerous conditions, the code pro- vides the method by which the City may do so at the cost of the owner. The ordinance makes certain amend- ments to the uniform code. Ordk nance No. 96-1150 also adopts by reference the Uniform Code for Build- ing Conservation, which for earthquake safety by requiring strenghthening of unreinforced ma- sonry walls in commercial and large multifamily residential buildings. This code is already in effect in the City and is merely being reorganized. Ordinance No. 96-1150 also makes certain minor changes to the City's nuisance abatement procedures. Adopted asan UrgencyOrdinance on February 13,1996 by the following i vote: AYES: Benz, Edgerton, Reviczky, Mayor Bowler NOES: None ABSTAIN: None ABSENT: Oakes ATTEST: Naoma Valdes Deputy City Clerk ER2-22-96IHBL684 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. 96-1151 AN ORDINANCE OF THE CITY OF HERMOSA BEACH RELATING TO STREET BANNERS AND HANDBILL DISTRIBUTION AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. Findings. A. The City Council finds that decorative street banners enhance the visual aesthetics of a community and are an effective method of generating civic pride. B. The City Council finds that the placement of decorative street banners in commercial areas of the City serves the important purpose of identifying the City's commercial areas. C. The City Council finds that allowing commercial enterprises to sponsor decorative street banners will serve the City's substantial government interest in fostering a positive relationship with local businesses. D. The City Council finds that recognizing the sponsors of decorative street banners by name and/or logo serves an important courtesy value. E. The City Council finds that Section 3-1.6 of the Hermosa Beach Municipal Code prohibits private persons from posting or otherwise attaching any signage to public street lamp posts, utility poles and other similar structures. The City Council further finds that such public property is a "nonpublic forum" for purposes of constitutionally protected expression. F. It is not the intent of the City Council to alter the nonpublic forum status of public street lamp posts, utility poles and similar structures. Nor is it the intent of the City 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 04.0 Council to grant a right of access to such public property for expressive and/or communicative purposes. SECTION 2. Chapter 3 ("Advertising") of the Hermosa Beach Municipal Code is amended to add a new Section 3-3.10 to read as follows: "See. 3-3.10. City Street Banner Program. (a) The City may install and maintain decorative street banners on public street lamp posts, utility poles and similar structures. (b) Decorative street banners shall be placed in locations determined by the City and shall be displayed for a period as provided under the City Council Approved Banner Program. (c) The design and construction of decorative street banners shall be provided for by the City through the City Council approved Banner Program. (d) Commercial enterprises may sponsor decorative street banners in the City Council approved Banner Program by payment, to the City, of an amount set by resolution of the City Council. In consideration of such payment, the City may include on a decorative street banner the name and/or trademark of the sponsoring commercial enterprise. (e) For the purpose of this section, a "banner" is a temporary sign constructed of cloth, canvas or a light fabric intended for identification purposes. (f) For the purpose of this section, a "commercial enterprise" is an institution, business or enterprise conducted for profit. (g) For the purpose of this section, a "decorative street banner" is a banner of such material, size and design as selected by the City. SECTION 3. Paragraph (e) of Section 22-3 ("Park regulations generally") of Article I ("In General") of Chapter 22 ("Parks, Playgrounds and Public Property") of the Hermosa Beach Municipal Code is hereby amended to read as follows: -2- 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 "(e) Distribute any handbills or circulars, or post, place or erect any bills, notice, paper or advertising device or matter of any kind; provided, however, the same may be personally delivered to persons who are willing to accept the same in hand." SECTION 4. Section 5-31 ("Solicitation") of Article I ("Beach and Strand") of Chapter 5 ('Beach, Boats and Municipal Pier") of the Hermosa Beach Municipal Code is hereby amended to read as follows: "Sec. 5-31. Solicitation. No person shall solicit in any manner or for any purpose, or sell or offer for sale any foods, refreshments, drinks or other goods, wares or merchandise, or distribute or pass out any handbills, advertising matter or literature upon the beach or strand, and a violation of this section shall be an infraction; provided, however, that handbills, advertising matter or literature may be personally delivered to persons who are willing to accept the same in hand." 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 the 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. -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 PASSED, APPROVED and ADOPTED this 27th day of February, 1996 by the following vote: AYES: Benz, Edgerton, Oakes, Reviczky, Mayor Bowler NOES: None ABSTAIN: None AB SENT - None PRESIDEgof the City Council acn ii nd MAYOR of the City of Hermosa Beach, California ATTEST- APPROVED AS TO FORM: . Pr11&4 A �- laz to--� - CITY CLERK -4- 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. 96-1151 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, 1996, and was published in the Easy Reader newspaper on March 7, 1996. • The vote was as follows: AYES: Benz, Edgerton, Oakes, Reviczky, Mayor Bowler NOES: None ABSENT- None ABSTAIN: None DATED: March 7, 1996 u, -- Deputy City Clerk n U 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 Ange- les, and which newspaper has been adjudged a news- paper 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 news- paper and not in any supplement thereof on the follow- ing dates, to -wit: March 7 • all in the year 1996. • I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, this 7th day of March 1996. i Signatur EASY READER, INC. P.O. BOX 427 832 HERMOSAAVENUE, HERMOSA BEACH, CA 90254 Telephone: (310) 372-4611 Proof of Publication of: CITY OF HERMOSA BEACH ER REF. NO. HBL688 4p01/.L� CITY OF HERMOSA BEACH ORDINANCE NO. 96-1151 AN ORDINANCE OF THE CITY OF HERMOSA BEACH RELATING TO STREET BANNERS AND HANDBILL DISTRIBUTION AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALI- FORNIA DOES ORDAIN AS FOL- LOWS: SECTION 1. Findings. A. The City Council finds that deco- rative street banners .enhance the visual aesthetics of a community and are an effective method of generating civic pride. B. The City Council finds that the placement of decorative street ban- ners in commercial areas of the City serves the important purpose of iden- tifying the City's commercial areas. C. The City Council finds that allow- ing commercial enterprises to spon- sor decorative street banners will serve the City's substantial govern- ment interest in fostering a positive relationship with local businesses. D. The City Council finds that recog- nizing the sponsors of decorative street banners by name and/or logo serves an important courtesy value. E. The City Council finds that Sec- tion 3-1.6 of the Hermosa Beach Municipal Code prohibits private per- sons from posting or otherwise at- taching any signage to public street lamp posts, utility poles and other similar structures. The City Council further finds that such public property is a "nonpublic forum" for purposes of constitutionally protected expression. F. It is not the intent of the City Coun- cil to alter the nonpublioforum status of public street lamp posts, utility poles and similar structures. Nor is it the intent of the City Council to grant a right of access to such public prop- erty for expressive and/or communi- cative purposes. SECTION 2. Chapter 3 ("Adver- tising") of the Hermosa Beach Mu- nicipal Code is amended to add, a new Section 3-3.10 to read as fol- lows: "Sec. 3-3.10. City Street Banner Program. (a) The City may install and maintain decorative street banners on public street lamp posts, utility poles and similar structures. (b) Decorative street banners shall be placed in locations determined by the City and shall be displayed for a period as provided under the City Council Approved Banner Program. (c) The design and construction of decorative street banners shall be provided for by the City through the City Council approved Banner Pro- gram. (d) Commercial enterprises may sponsordecorative street banners in the City Council approved Banner Program by payment, to the City, of an amount set by resolution of the City Council. Inconsideration of such payment, the City may include on a decorative street banner the name and/or trademark of the sponsoring commercial enterprise. (e) For the purpose of this section, a 'banner' is a temporary sign con- structed of cloth, canvas or a light fabric intended for identification pur- poses. (f) For the purpose of this section, a "commercial enterprise" is an institu- tion, businessorenterprise conducted for profit. (g) For the purpose of this section, a "decorative street banner' is a ban- ner of such material, size and design as selected by the City. SECTION 3. Paragraph (e) of Section 22-3 ("Park regulations gen- erally') of Article I ("in General'). of Chapter22 ("Parks, Playgrounds and Public Property") of the Hermosa Beach Municipal Code is hereby amended to read as follows: "(e) Distribute any handbills or circulars, or post, place or erect any bills, notice, paper or advertising de- vice or matter of any kind; provided, however, the same may be person- ally delivered to persons who are willing to°accept the same in hand:" SECTION 4. Section 5-31 ("So- licitation") of Article I ("Beach and Strand") of Chapter 5 ("Beach, Boats and Municipal Pier') of the Hermosa Beach Municipal Code is hereby amended to read as follows: "Sec. 5-31. Solicitation. No person shall solicit in any manner or for any purpose, or sell or offer for sale any foods, refreshments, drinks, or other goods, wares or merchan- dise, or distribute or pass out any handbills, advertising matter or litera- ture upon the beach or strand, and a violation of this section shall be an infraction; provided, however, that handbills, advertising matter or litera- ture may be personally delivered to persons who are willing to accept the same in hand." 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 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 circulation published and cir- culated in the City of Hermosa Beach, in the mariner provided by law. Section 7. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of the City, 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 February, 1996 by the following vote: AYES: Benz, Edgerton, Oakes, Reviczky, Mayor Bowler NOES: None ABSTAIN: None ABSENT: None John Bowler PRESIDENT of the City Council and MAYORof the City of Hermosa Beach, California ATTEST: Naoma Valdes, Deputy CITY CLERK APPROVED AS TO FORM: Michael Jenkins CITY ATTORNEY ER3-7-96/1-1131-688 • ORDINANCE NO., 96-1152 WAS NOT ADOPTED r� Pi 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. 96 - 1153 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADDING OPEN SPACE OVERLAY (OS -O) ZONE TO THE ZONING ORDINANCE, AMENDING THE PARKING SECTION TO INCLUDE RESTRICTIONS ON THE LOCATION OF OPEN PARKING ON RESIDENTIAL LOTS, AND IMPOSING THE PROPOSED OS -0 ZONE TO DESIGNATED PUBLIC RIGHT-OF-WAY AREAS AS SHOWN ON EXHIBIT A ATTACHED, WHEN THEY ARE VACATED, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION. WHEREAS, the City Council held a public hearing on February 28, 1996 to consider oral and written testimony, and made the following Findings: A. The proposed OS -0 overlay zone will provide a means to implement the legal settlement, Allen et al vs. City of Hermosa Beach; B. By amending the Parking Section of the Zoning Ordinance as proposed the issue of where open parking on residential lots is allowed will be addressed; C. Designated public right-of-way areas that may be vacated have been identified on attached Exhibit A. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hermosa Beach does hereby ordain amending the zoning ordinance text and map be amended as follows: SECTION 1: Amend Section 1157, Off -Street Parking Location, by adding the following: "F. Open parking spaces for residential uses in the Open Space Zone (OS -0) shall be located only within the rear 50% or in the rear 40 feet whichever is the lesser of a residential lot." SECTION 2: Add the following to the zoning ordinance text: "Article 9.53, OS -O, Open Space Overlay Sec. 9.53-1 Intent and Purpose The OS -0 zone is intended to limit the intensity of use of areas beyond limitations prescribed by the primary, or underlying zoning. Sec. 9.53-2 Permitted Uses Only the following uses shall be permitted: Landscaping (hardscape / softscape) • • • 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 Open vehicle and motorcycle parking (In designated areas per Section 9.3-5) Walls and fences Barbecue / fire pits Bird baths Lighting Ponds Table / chairs Decks Fountains Prohibited uses: Spas Swimming pools Furniture designed for indoors use Storage of any type Sheds Parking / storage of (a) Non -registered, or expired registered vehicles (b) Commercial trucks (c) Motorhomes (d) Trailers (e) Boats (� Campers, off of vehicles Sec. 9.5-3 Use and Development Standards 1. Landscaping A. Landscaping shall be limited in height to a maximum of 36" 2. Fences/Walls A. A permanent barrier, between the parking area, and the remaining area shall be installed and maintained in good condition. 1) Existing barrier walls may be deemed in compliance with this ordinance by the City Council. -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) Barrier walls shall be a maximum of 36" in height, and a minimum of 24" in height, and a maximum of forty (40) feet from the rear property line. 3) Barrier walls shall be of a solid material, permanent in nature, and non-movable; chain link, chains, fencing on hinges, and removable metal poles are prohibited. B. Perimeter fences/walls may be installed, and shall comply with all provisions of Section 1215 of the zoning ordinance pertaining to fencing, except that no fence shall be over 36" in height. 3. Structures A. Decks shall have a maximum height of 12" and all other permitted structures shall have a maximum height of 36", except tables and chairs which may be of standard height. B. Ponds shall not exceed 1 1/2 feet in depth, and/or a diameter of 10 feet. 4. Primary Zone A. The portion of a lot with OS -0 zoning shall not be used for calculation of allowable lot coverage, density, setbacks, open space, and/or guest parking for development of the total lot. 5. Parking Areas A. Parking areas shall be paved and maintained in good condition and governed by Sec. 1157(F) of the zoning ordinance. B. Vehicular access shall be prohibited from walk -streets, except in locations leading to legally permitted enclosed parking. Sec. 9.5-4 Waiver At the time any public right-of-way is considered for vacation and the OS -0 Overlay zone is proposed, the City Council may waive by resolution any OS -0 use and development standard(s), if a hardship finding can be made." -3- • 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 3: Official Zoning Map Public right-of-way areas as shown on the attached maps, Exhibit A-1 through A-5, shall have the OS -0, Open Space Overlay zone imposed at the time the subject areas are ever vacated. SECTION 4: This ordinance shall become effective and be in full force and effect from and after thirty (30) days of its final passage and adoption. SECTION 5: Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of general circulation published and circulated, in the City of Hermosa Beach, in the manner provided by law. SECTION 6: The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED, and ADOPTED this 12th day of March, 1996, by the following vote: AYES: Edgerton, Oakes, Reviczky, Mayor Bowler NOES: None ABSTAIN: None ABSENT. Be ATTEST of the City Council and MAYOR of the City of Hermosa Beach, California c� CITY CLERK 4- APPROVED AS TO FORM: CITY ATTORNEY 0 • EXHIBIT A-1 PUBLIC RIGHT OF WAY <..;""" POTENTIAL VACATION *I 0 0 N a - Z 15T 20 EXHIBIT A-2 PUBLIC RIGHT OF WAY POTENTIAL VACATION ' (D 7 t' 1� 20 I a: 16 "led eo �10 1 7 10 cc 6 21 CO 0 (D 3 Z Z 2 lzs IG190 0 h 1) U < LLI 4 ,5TH 3 o O 3 M L) LAO< (D w z6 f 20 16 Lk( 7 L) cr_- 338 Li 06 Z6 .9n co S 5 oz < M 0 4 o k9. Lo 03 FQ, -31 Q (D Ld 3.RD PUBLIC RIGHT OF WAY POTENTIAL VACATION 16 I ' (D 7 t' 1� 20 I a: "led eo D v) CO (D 3 Z 2 lzs IG190 0 h 1) U < LLI 4 ,5TH L®r) O 3 2 X L) Li Z6 .9n co 16 I ' (D 7 t' 1� 20 I a: F,(D v) (D 3 2 lzs IG190 0 h 1) U < LLI ,5TH 7TH z6a o 7 88.565 20 2p0 3r`8 7873 p O4 8. 3 OOO 6./9 22:71 l. 4 ° +, v 854 O 3 1 a, 8383 = ro II f-- � o �p� 3 2� O E o - 80 20 3G a6 a 19 8 / 3 Q l6 W 80 Pn, aL. 0 9TH PUBLIC RIGHT OF WAY POTENTIAL VACATION EXHIBIT A-3 60 O 20 30� c� p O4 8. 22:71 4 ° +, v 3 iI O 3 1 = ro II O E o - 80 20 3G 9TH PUBLIC RIGHT OF WAY POTENTIAL VACATION EXHIBIT A-3 0 fz Iv 11, Lq U z 0 N �2 GV C) z 11c; \u o 15TH O = I PUBLIC RIGHT OF WAY11: POTENTIAL VACATION EXHIBIT A-4 O 17 TH 19TH ............... e.2 !7 07 o 803 6 Sa 6J.:5 (2)4 so O3 T-1 IO2 LLJ. CQ 26 Of ,?6 r�l so 7 0 10 ......... ... . Q. @6 ------------ 05 Z; 0�g 4 3 IZ T L u Ld 245 301 n O 17 TH • • 16� 21 ST b 79 9 co m 16� 00 7i 7 10 i 1 79 9 co m 6 7 '�Jb 1s O6 C✓' i9 6 n (n 055 N O O 7S 6 v/1 t �O ) I Z n C4 cn Q � �7 (� r Y O �3 •'r D I,- 7� 7 :i N O CZ Da joo` b 16.d "�.$1.g 75 9 01 Z� N 79 J o� a O3 �G a �J 0 b b 19TH � m l i 1 \ a 7.f 6 7 '�Jb 1s D C✓' p N N O O O v/1 t �O ) I CDI, c cn 2c aE .. (� r Y O 04 •'r D I,- �o :i N O Q3 Da (2)q Z� o 79 J o� a O3 �G a �J 0' b 19TH Z6 b e� 7 m l zc �7 1i a 7.f D p N N O O v/1 t �O ) I �J cn 2c aE .. r Y O 04 •'r D I,- p Ea :i N O Q3 Z6 b e� 7 m l zc �7 1i c"S /o m p N O cn 2c aE �7 >; 04 D I,- p Ea Q3 o � �G OI �J cit PUBLIC RIGHT OF WAY POTENTIAL VACATION EXHIBIT A-5 24Tt3 � O � C: a . O 25tv Ln Vgi � AOS � N 23RD • ACTIVITY IDENTIFICATIO10 Location a. Address: City wide • Legal: N/A Description Text amendment to the zoning ordinance regarding setback and parking location for Strand fronting corner lots_ Sponsor a. Name: City of Hermosa Beach, Community Development Department, Planning Division b. Mailing Address: 1315 Valley Drive, Hermosa Beach, CA 90254 Phone: (310) 318-0242 NEGATIVE DECLARATION In accordance with Resolution 89-5229 of the City of Hermosa Beach, which implements the California Environmental Quality Act of 1970 in Hermosa Beach, the Environmental Review Committee must make an environmental review of all private projects proposed to be undertaken within the City, and the Planning Commission must make an environmental review of all public projects proposed to be undertaken within the City, which are subject to the Environmental Quality Act. This declaration is documentation of the review and, if it becomes final, no comprehensive Environmental Impact Report is required for this project. FINDING OF ENVIRONMENTAL REVIEW COMMITTEE We have undertaken and completed an Environmental Impact Review of this proposed project in accordance with eesolution 89-5229 of the City Council of Hermosa Beach, and find that this project does not require a comprehensive nvironmental Impact Report because, orevided the att-aohed-mif.al en easur-es afinElti irr#!g�e , it would not have a significant effect on the environment. Documentation supporting this finding is on file in the Community Development Department, Planning Division. Date of Finding Chairman, Environmental 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, preNxideaathe attached— wlweEHnre e4, it would not have a significant effect on the environment. Documentation supporting this finding is on file in the Community Development Department, Planning Division. Date of Finding Chairman, Planning Commission FINDING OF THE CITY COUNCIL We have undertaken and completed an Environmental Impact Review of this proposed project in accordance with esolution 89-5229 of the City Council of Hermosa Beach, and find that this project does not require a comprehensive Tavv'ronmental Impact Report because, pr-evided4he-att hed-inkigatien fneast es ar 4nelg ea-if14heprejee it would not e a significant effect on the environment. Documentation sup rti g s finding is on e in the Community Development Department Planning Division. o3-tz-q� � ,-�. " Date of Finding or, Hermosa CityCouncil • 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. 96-1153 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 March, 1996, and was published in the Easy Reader newspaper on March 21, 1996. • The vote was as follows: AYES: Edgerton, Oakes, Reviczky, Mayor Bowler NOES: None ABSENT- Benz ABSTAIN: None DATED: March 21, 1996 Deputy City Clerk 0 C7 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 Ange- les, and which newspaper has been adjudged a news- paper 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 news- paper and not in any supplement thereof on the follow- ing dates, to -wit: March 21 all in the year 1996. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, this 21 s t day of Mar ch 1996. C: Z , 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 ER REF. NO. HBL690 r�wroe R tz x CITY OF HERMOSA BEACH ORDINANCE NO'. 96 -1153 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADDING OPEN SPACE OVERLAY (OS -0) ZONE TO THE ZONING ORDINANCE, AMENDING THE PARKING SECTION TO INCLUDE RESTRICTIONS ON THE LOCATION OF OPEN PARKING ON RESIDEW TIAL LOTS, AND IMPOSING THE PROPOSED OS -0 ZONE TO DESIGNATED PUBLIC RIGHT-OF-WAY AREAS AS SHOWN ON EXHIBIT A ATTACHED, WHEN THEY ARE VACATED, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION. (Note: Exhibit A is available in the Office of the City Clerk) WHEREAS, the City Council held a public hearing on February 28,1996 to consider oral and written testimony, and made the following Findings: A. The proposed OS -0 overlay zone will provide a means to implement.the legal settlement, Allen et at vs. City of Hermosa Beach; B. By amending the Parking Section of the Zoning Ordinance as proposed the issue of where open parking on residential lots is allowed will be addressed; C. Designated public right-of-way areas that may be vacated have been identified on attached Exhibit A. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hermosa Beach does hereby ordain amending the zoning ordinance text and map be amended as follows: SECTION 1: Amend Section 1157, Off -Street Parking Location, by adding the following: "F. Open parking spaces for residential uses in the Open Space Zane (OS - 0) shall be located only within the rear 50% or in the rear 40 feet whichever is the lesser of a residential lot.' SECTION 2: Add the following to the zoning ordinance text: "Article g.53, OS -O, Open Space Overlay Sec. 9.53-1 Intent and Purpose The OS -0 zone is intended to limit the intensity of use of areas beyond limitations prescribed by. the primary, or underlying zoning. Sec. 9.53-2 Permitted Uses Only the following uses shall be permitted: Landscaping (hardscape / softscape) Open vehicle and motorcycle parking (In designated areas per Section 9.3- 5) Walls and fences Barbecue / fire pits Bird baths Lighting Ponds Table / chairs Decks Fountains' Prohibited uses: Spas Swimming pools Furniture designed for indoors use Storage of any type Sheds 'Parking / storage of (a) Non -registered, or expired registered vehicles (b) Commercial trucks (c) Mdtorhomes (d) Trailers (e) Boats (f) Campers, off of vehicles Sec. 9.5-3 Use and Development Standards 1. Landscaping A. Landscaping shall be limited in height to a maximum of 35'. 2. Fences/Walls A. A_permanent barrier, between the parking area, and the remaining area shall be installed and maintained in good condition. 1) Existing barrier walls may be deemed in compliance with this ordinance by the City Council. 2) Barrier walls shall be a maximum of 36" in height, and a minimum of 24" in height, and a maximum of forty (40) feet from the rear property line. 3) Barrier walls shall be of a solid material, permanent in nature, and non- movable; chain link, chains, fencing on hinges, and removable metal poles are prohibited. B. Perimeter fences/walls may be installed, and shall comply with all provisions of Section 1215 of the zoning ordinance pertaining to fencing, except that no fence shall be over 36' in height. 3. Structures A. Decks shall have a maximum height of 12" and ail other permitted structures shall have a maximum height of 36", except tables and chairs which may be of standard height. B. Ponds shall not exceed 1 1/2 feet in depth, andlor a diameter of 10 feet. 4. Primary Zone A. The portion of a lot with OS -0 zoning shall not be used for calculation of allowable lot coverage, density, setbacks, open space, and/orguest parking for development of the total lot. ` 5. Parking Areas A. Parking areas shall be paved and maintained in good condition and governed by Sec. 1157(F) of the zoning ordinance. B. Vehicular access shall be prohibited from walk -streets, except in loca- tions leading to legally permitted enclosed parking. Sec. 9.5-4 Waiver At the time any. public right-of-way is considered for vacation and the OS - 0 Overlay zone is proposed, the City Council may waive by resolution any OS - 0 use and development standard(s), if a hardship finding can be made." SECTION 3: Official Zoning Map Public right-of-way areas as shown on the attached maps, Exhibit A-1 through A-5, shall have the OSO, Open Space Overlay zone imposed at the time the subject areas are ever vacated. SECTION 4: This ordinance shall become effective and be in full force and effect from and after thirty (30) days of its final passage and adoption. SECTION 5: Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk -shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of general circulation published and circulated, in the City of Hermosa Beach, in the manner provided by law. SECTION 6: The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED, and ADOPTED this 12th day of March,1996, by the following vote: AYES: Edgerton, Oakes, Reviczky, Mayor Bowler NOES: None ABSTAIN: None ABSENT: Benz _ John Bowler PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, Califomia ATTEST: Naoma Valdes, Deputy CITY CLERK APPROVED AS TO FORM: Michael Jenkins CITY ATTORNEY A are 91 1QQR1 1 M 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 ORDINANCE 96-1154 AN ORDINANCE THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING MAP FROM M-1 (LIGHT MANUFACTURING) TO R-2 (TWO—FAMILY RESIDENTIAL) FOR THE PROPERTY LOCATED AT 330 AND 342 ARDMORE AVENUE AND INCLUDING 615 THIRD STREET (THE SE CORNER OF ARDMORE AVENUE AND FOURTH STREET) AS DESCRIBED BELOW AND SHOWN ON THE ATTACHED MAP AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION WHEREAS, the City Council held a public hearing on March 26, 1996, to consider the recommendation of the Planning Commission and to receive oral and written testimony regarding an application for the subject Zone Change and made the following findings: A. The subject zone change will make the zoning consistent with the General Plan designation of Medium Density Residential. B. The subject properties are appropriate for residential use as they are surrounded by primarily residential uses and located in an area which is predominantly residential in character. C. The City Council concurs with the Planning Commission and with the Staff Environmental Review Committee's recommendation, based on their environmental assessment/initial study, that this zone change will result in a less than significant impact on the environment, and therefore qualifies for a Negative Declaration NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That certain property in the City of Hermosa Beach, legally described as lots 41, 42, and 43 and the easterly 30 feet of the westerly 90 feet of lots 44, 45, and 46 of Walter Ransom Companies Venable Place Tract, located at 330 and 342 Ardmore, and 615 Third Street, is hereby reclassified from M- 1, Light Manufacturing to R-2, Two -Family Residential. • 27 28 /// 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 2. The Zoning Map of the City of Hermosa Beach, as adopted by the City of Hermosa Beach Municipal Code, Appendix A, Zoning, Section 302, is hereby amended by changing the classification of the property referred to in Section 1 to R-2. 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 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 April, 1996, by the following vote: AYES: Benz, Bowler, Edgerton, Reviczky, Mayor Oakes NOES: None ABSTAIN: None ABSENT- None of the City Council and MAYOR of the City of Hermosa Beach, ATTEST- CITY CLERK -2- APPROVEDFAS TO FORM: CITY ATTORNE w C ACTIVITY IDENTIFICATION Location a. Address: 330 & 342 Ardmore Avenue and 615 3rd Street Legal:Lots 41, 42, 43 & easterly 30' of westerly 90' of Lots 44, 45 & 46, Walter Ransom Co's Venable Place scri tion Zone change from M-1 to R-2; Conditional Use Permit, Precise Development Plan and Vesting Tentative Tract Map # 52122 for 9 -unit detached condominiums, VflFianee feF fence height Sponsor a. Name: Ban Agawal, AGAR Inc. b. Mailing Address: 30032 Avenida Classica, Rancho Palos Verdes, CA 90274 Phone: (310) 370-4837 NEGATIVE DECLARATION In accordance with Resolution 89-5229 of the City of Hermosa Beach, which implements the California Environmental Quality Act of 1970 in Hermosa Beach, the Environmental Review Committee must make an environmental review of all private projects proposed to be undertaken within the City, and the Planning Commission must make an environmental review of all public projects proposed to be undertaken within the City, which are subject to the Environmental Quality Act. This declaration is documentation of the review and, if it becomes final, no comprehensive Environmental Impact Report is required for this project. FINDING OF ENVIRONMENTAL REVIEW COMMITTEE We have undertaken and completed an Environmental Impact Review of this proposed project in accordance with Resolution 9 5229 of the City Council of Hermosa Beach, and find that this project does not require a comprehensive Environmental pact Report because, ofevided the -at are-ipcludedin fho---ject, it would not have a significant effect on the environment. Documentation supporting this finding is on file in the Community Development Department, Planning Division. 1�2- Date of Finding lC airman, Environmental 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, Offivided4e-attached-m-- itigatior-�-Kneasur-e-s-ar-e-inGl4d€d-i -p jest, it would not have a significant effect on the environment. Documentation supporting this finding is on file in the Community Development Department, Planning Division. /�— _ Date of Finding Chairman, Plannin Commission FINDING OF THE CITY COUNCIL We have undertaken and completed an Environmental Impact Review of this proposed project in accordance with Resolution 89-5229 of the City Council of Hermosa Beach, and find that this project does not require a comprehensive Environmental 6rfpact Report because, pfevAed4he-a�#arhed�tgatiGn-m€asums-a�iacluded-ira-floe-praject, it would not have a significant ect on the environment. Documentation supporting this finding is on file in the Community Development Department, Planning Division. `7-Gv Date of Finding • 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. 96-1154 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 April, 1996, and was published in the Easy Reader newspaper on April 18, 1996. • The vote was as follows: AYES: Benz, Bowler, Edgerton, Reviczky, Mayor Oakes NOES: None AB SENT - None ABSTAIN- None DATED: April 18, 1996 Deputy City Clerk 0 PROOF OF PUBLICATION (2015.5C.C.P.) • • 0 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 Ange- les, and which newspaper has been adjudged a news- paper 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 news- paper and not in any supplement thereof on the follow- ing dates, to -wit: April 18 all in the year 1996. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, this 18th. day of April 1996. i 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 ER REF. NO. HBL692 �ILL ; CITY OF HERMOSA BEACH ORDINANCE 96-1154 AN ORDINANCE THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING MAP FROM M-1 (LIGHT MANUFACTURING) TO R-2 (TWO-FAMILY RESIDENTIAL) FOR THE PROPERTY LOCATED AT 330 AND 342 ARDMORE AVENUE AND INCLUDING 615 THIRD STREET (THE BE CORNER OF ARDMORE AVENUE AND FOURTH STREET) AS DESCRIBED BELOW AND SHOWN ON THE ATTACHED MAP AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION WHEREAS, the City Council held a public hearing on March 26, 1996, to consider the recommendation of the Planning Commission and to re- ceive oral and written testimony re- garding an application for the subject Zone Change and made the following findings: A. The subject zone change will make the zoning consistent with the General Plan designation of Medium Density Residential. B. The subject properties are ap- propriate for residential use as they are surrounded by primarily residen- tial uses and located in an area which is predominantly residential in char- acter. C. The City Council concurs with the Planning Commission and with the Staff Environmental Review Committee's recommendation, based on their environmental assessment/ initial study, that this zone change will result in a less than significant impact on the environment, and therefore qualifies for a Negative Declaration NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HER- MOSA BEACH, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That certain prop- erty in the City of Hermosa Beach, legally described as lots 41, 42, and 43 and the easterly 30 feet of the westerly 90 feet of lots 44, 45, and 46 of Walter Ransom Companies Venable Place Tract, located at 330. and 342 Ardmore, and 615 Third Street, is hereby reclassified from M- 1, Light Manufacturing to R-2, Two - Family Residential. SECTION 2. The Zoning Map of the City of Hermosa Beach, as adopted bythe City of Hermosa Beach Municipal Code. Appendix A, Zoning, Section 302, is hereby amended by changing theclassification of the prop- erty referred to in Section 1 to R-2. 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 adop- tion. SECTION 4. Prior to the expira- tion of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly news- paper 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 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 Apol,1996, by the following vote: AYES: Benz, Bowler, 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, ATTEST: Elaine Doerfling CITY CLERK APPROVED AS TO FORM: Michael Jenkins CITY ATTORNEY ER4-18-96/HBL692 r- 0 • • 0 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. 96-1155 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REPEALING CERTAIN ORDINANCES AND THEIR CORRESPONDING MUNICIPAL CODE SECTIONS OR AMENDING CERTAIN ORDINANCES AND THEIR CORRESPONDING MUNICIPAL CODE SECTIONS FOR THE PURPOSE OF DELETING OUT OF DATE MATERIAL FROM THE HERMOSA BEACH MUNICIPAL CODE. WHEREAS the City of Hermosa Beach is undergoing a major revision to its Municipal Code and wishes not to continue to include material that is out of date due to changes in the California state law, state and federal court decisions, or usage by the City of Hermosa Beach. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Section 1-8. "Prison labor on city streets, etc. - Authorized."; Section 1-9. "Same - Labor in lieu of payment of fine."; and Section 1-10. "Same - Enforcement of two preceding sections." shall be deleted in their entirety. SECTION 2: Section 2-3.1 "Travel expenses for elected officials, officers and employees.", shall be deleted in its entirety and now shall read, "Travel expenses for elected officials, officers and employees may be reimbursed for actual and necessary travel and conference expenses incurred in the performance of official duties subject to limitations that shall be set by resolution of the Citv Council." SECTION 3: Section 2-4.5. "Compensation of city council." shall be amended to read, "Effective April 15, 1986, each member of the city council shall be compensated the amount of three hundreds dollars ($3 00. 00). pursuant to the provisions of Section 36516 and 36516-2, Government Code, State of California." SECTION 4: Section 2-13. "Traveling expenses." shall be amended to read, "The city manager shall be reimbursed for all sums necessarily incurred or paid by him in the performance of his duties or incurred when traveling on business pertaining to the city under direction of the city council. Reimbursement shall only -1- • 2 3 4 5 6 7 8 9 10 11 12 13 II' . 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 be made, however, when a verified itemized claim, setting forth the sums expended for such business for which reimbursement is requested and has been presented to the eity 1- for approval." SECTION 5: Section 2-61. "Interest in contracts, etc." shall be amended to read, "Pursuant to sections 1090, 1091 and 1091.5 and sections 36325, 36526 and 36524 of the state Government Code, no officer shall have an interest be interested in any contract made in their official capacity, nor be purchasers at any sale or vendors at any purchase made by them in their official capacity." SECTION 6: Article VIII. FUNDS, DIVISION 1, CAPITAL OUTLAY FUND, Section 2-83. "Created; purposes." and Section 2-84. "Expenditures from fund." shall be deleted in their entirety. to read, SECTION 7: Section 2-111. "Schedule of fees and service charges." shall be amended "Fees and service charges, whether or not provided for elsewhere by ordinance, shall be set and adjusted by resolution of the city council following a public report and recommendation from the city staff reflecting the cost reasonably borne and the recommended percentage of recovery, except that the city manager .is hereby empowered to set a fee for service requests netsubject to Section 549 01 �et.-WQJ. %J1 tie-Galifbrnia Gevef^men+ rode, when no fee has otherwise been established, and the request cannot be met unless the city incurs costs that can be reasonably borne from fees and charges. Fees specified .n Seetions 54990 and 4991 of the Cali f r ia Government Code shall be effective only after meeting the requirements set forth for public hearings in Section 54 To the extent possible, the city's fees and charges shall be fixed by one master fee resolution of the council." SECTION 8: Section 2-120. "Duty of design review board to review plans." and Section 2-121 "Categorical exemptions." shall be amended to remove reference to seaien-7- 1 41- and to insert section 7-1.7 in its place. SECTION 9: Section 2-122 `Filing plan and referral to design review board", shall be -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 amended to remove reference to sec -tion 7 1.11 and to insert section 7-1.7 in its place and sub- section (A)(3)0) shall be amended to read "projects which are not exempt from state law are to be signed by an architect or registered building designer. state law ex ens—inelude-", and to delete sub - subsections i and ii. SECTION 10: Section 4-11 subsection (a)(1) to read, "Duration of license; license fees." shall be amended in "Exception: For dogs owned by senior citizens of the city, age sixty (60) or over, showing proof of age, the license fee shall be fifty (50) percent of the rate established by this section. when said ^ ann-aPieu eheld ineeffle is less than qualify for- thi -,hall filo a statemo„ gena peiJu y-eer-tifying as to the €a en -payment -annual -fee." SECTION 11: Section 4-11(c) shall be deleted in its entirety. SECTION 12: Section 4-14. "License forms." shall be amended to read, "The finance department is hereby authorized and directed to cause to be printed annually such number of dog license forms as may be necessary,. " SECTION 13: Section 4-15. "License tag" shall be amended to read, "The c -ll—' r finance department shall likewise procure metal tags bearing inscriptions showing the year for which the same shall be issued and the number thereof,. " SECTION 14: Section 4-17 "Notice Report of impounded dogs to be posted." shall be amended to read, "The contractor, acting as poundmaster of the city, upon impounding any dog found running at large, shall immediately file a report pest- upon ^ 'Multi bei te be maintained at the d-by-tire-peundmaster-a--nefiee containing a brief description of the dog. and -wit ll n twelve (12) hours thereafter- sllall-Ae1iver- to the ehief ^� pekeer of the netise.," -3- 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 SECTION 15: Section 4-25. "Tag to be stamped with type of vaccine used, etc." shall be deleted in its entirety. SECTION 16: Section 4-26. "Impoundment for failure to wear license tag." shall be deleted in its entirety. SECTION 17: Section 17-54. "Violation of permit procedures." shall be amended to read: "Any person who refuses to purchase a permit for a garage sale or yard sale, or who conducts a fourth garage or yard sale within any twelve-month period, shall be guilty of an infraction ef4he-lam as set forth in Section 1-7 of the Municipal Code. Seel ens 19e an.a 19d of the C liia Penal Cede.,, SECTION 18: Section 19-15. "Crossing through, under, etc., barriers at railroad grade crossings.", shall be repealed in its entirety. SECTION 19: Section 19-24. "Blocking of railroad crossings by trains.", shall be repealed in its entirety. SECTION 20: Section 21-5. "Firearms --Permit to possess." shall be repealed in its entirety. SECTION 21: Section 21-6. "Same Firearms --Permit to discharge." shall be amended I to read: "It is hereby declared unlawful for any person to discharge any gun, rifle, pistol, revolver, slingshot or air gun within the city without first obtained a permit in writing from the chief of the police department." SECTION 22: Section 21-34. "Threats with replica firearms." sub -section (a)(1) shall be amended to read: "As used in this section, the term replica firearm shall include any device or object made of plastic, wood, metal or any other material which is a facsimile or toy version of, or is otherwise recognizable as a pistol, revolver, shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher, or any other firearm as that term is used under the provisions of Sections 12001 and 12002, 12020mv1and 12570 of 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 the State Penal Code." SECTION 23: Section 21-36 "Display of books, magazines and other publications in locations other than newsracks." shall be amended to read: "(a) Definitions. For the purpose of this section, the following words and phrases shall have the meanings as ascribed to them by this section: (1) "Matter" means any book, magazine, newspaper, video recording, or other printed or written material or any picture, drawing, photograph, motion picture, or other pictorial representation or any statue or other figure, or any recording, transcription, or mechanical, chemical, or electrical reproduction or any other articles, equipment, machines, or materials. (2) "Person" means any individual, partnership, firm, association, corporation, or other legal entity. (3) "Knowingly" means being aware of the character of the matter. (4) "Minor" means any natural person under 18 years of age. (5) "Harmful matter" means matter, taken as a whole, which to the average person, applying contemporary statewide standards, appeals' to the prurient interest, and is matter which, taken as a whole, depicts or describes in a patently offensive way sexual conduct and which, taken as a whole, lacks serious literary, artistic, political or scientific value for minors. (b) Display of harmful matter. Every person who for commercial purposes displays by any means, or causes to be displayed by any means, or permits to be displayed by any means, in any business, other than a public place fiom which minors are excluded, any harmful matter, shall place upon the harmful matter a device commonly known as a "blinder rack" in front of the harmful matter, so that the lower two-thirds of the harmful matter is not exposed to view. -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 (c) Minor need not view or gain control of material. To commit a violation of subsection (b) above, it is not required that a minor have actually viewed or physically gained control of any book, magazine, or other publication or matter as defined in subsection (a)(5) above. (d) Business persons responsible. The provisions of this chapter, with respect to the display, causing to be displayed or permitted to be displayed any book, magazine, or other publication as set forth in subsection (a) above, shall apply only to persons having proprietary interests in or managerial control of the ordinary and routine operation of the business wherein and at which time there occurs a violation of any of the provisions of this section. (e) Punishment. Every person who violates 21-36(b) is punishable by fine of not more than one thousand dollars ($1,000.00), by imprisonment in the county jail for not more than one year, or by both that fine and imprisonment." SECTION 24: Section 22-5.4 "Park reservations." shall be amended to include South Park at 425 Valley Drive. SECTION 25: Section 23-15. "Records to be kept; inspection of records.", shall be amended to read, "Every pawnbroker, secondhand dealer, junk dealer and junk collector shall keep a complete record of all goods, wares, merchandise or things pledged to or purchased or received by him which record shall contain all of the matters required to be shown in the reports referred to and described in Chapter 9 of the Business and Professions Code of the State of California..'- iens 23 6 and 23-7. " SECTION 26: Section 23-17 "Limitation on sale of goods obtained by pawnbroker or secondhand dealer.", shall be amended to read: "It shall be unlawful for any pawnbroker or secondhand dealer .to sell or otherwise dispose of any article or thing within thirty twenty-one days after such article or thing has been purchased or received by such junk dealer or collector." SECTION 27: Section 23-19. "Exceptions to sections 23 7 and 23-15 to 23-17.", shall -6- 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 be amended to read: "The provisions contained in sections 23 -.7 -and 23-15 to 23-17 shall not be deemed to apply to the purchase or sale by junk dealers or junk collectors of rags, bottles, other than milk or cream bottles, secondhand sacks,. " SECTION 28: Section 29-16. "Public hearing by council." shall be amended to read, "The council may from time to time call public hearings to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures within designated areas of the city and the undergrounding installation of wires and facilities for supplying electric, communication or similar or associated service. The city manager shall notify all affected property owners as shown on the last equalized assessment roll, and utilities concerned, by mail of the time and place of such hearings at least 0) fifteen 15 days prior to the date thereof " SECTION 29: Section 30-2. "Tax for maintenance of parks, music and advertising purposes." shall be deleted in its entirety. SECTION 30: Section 30-10.5. "Exclusions and exemptions." shall be deleted in its entirety. SECTION 31: Section 30-10.6. "Application of provisions relating to exclusions and exemptions." shall be deleted in its entirety. SECTION 32: Section 30-29. "Exemptions of governments; agencies thereof from tax; collection by assessment." shall be deleted in its entirety in order to conform to new wording in Taxation and Revenue Code Section 11922 and shall read, "Any deed, instrument or writing to which the United States, or any agency or instrumentality thereof, any state or territory, or political subdivision thereof, is a party shall be exempt from any tax imposed pursuant to this part when the exempt agency is acquiring title." SECTION 33: Section 30-40. "Taxes - Amount." shall be amended to read, "Every person constructing a new dwelling unit shall pay to the city the--sum-of an -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 s 27 28 amount set by resolution of the city council, with the amount of the tax adjusted on an annual basis using the percentage increase in the cost of living as calculated by the United States Bureau of Labor Statistics for the Los Angeles -Anaheim - Riverside Standard Metropolitan Statistical Area, thfee -usand - ice- f:ed dellafs 0-00) for each new dwelling unit. " SECTION 34: Section 300. "Names of zones.", shall be amended to include the listing of, "O -S-2 Restricted Open Space Zone.", as shown in Article 9.52 of this Code. SECTION 35: 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 36: 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 37: 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, 1996, by the following vote: AYES: Benz, Bowler, Edgerton, Reviczky, Mayor Oakes NOES: None ABSTAIN: None ABSENT- None, 7TEST.IDES NT df tk6 City Council and MAYOR of the City of Hermosa Beach, California �1 PROVED A TO FORM: CITY RK CITY ATTORNEY\ -8- • 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. 96-1155 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, 1996, and was published in the Easy Reader newspaper on May 2, 1996. The vote was as follows: AYES: Benz, Bowler, Edgerton, Reviczky, Mayor Oakes NOES: None ABSENT- None ABSTAIN: None DATED: May 2, 1996 o�e 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 LosAnge- les, and which newspaper has been adjudged a news- paper 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 news- paper and not in any supplement thereof on the follow- ing dates, to -wit: all in the year 1996. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, this 2nd day of May 1996. Signature EASY READER, INC. P.O. BOX 427 832 HERMOSA AVENUE, HERMOSA BEACH, CA 90254 • Telephone: (310) 372-4611 �'eD q (0 a //.5 Proof of Publication of: CITY OF HERMOSA BEACH ER REF. NO. HBL694 (see attached page) CITY OF HERMOSA BEAC:: ORDINANCE NO. 96-1155 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REPEALING CERTAIN ORDINANCES AND THEIR CORRESPONDING MUNICIPAL CODE SECTIONS OR AMENDING CERTAIN ORDINANCES AND THEIR CORRESPONDING MUNICIPAL CODE SECTIONS FOR THE PURPOSE OF DELETING OUT OF DATE MATERIAL FROM THE HERMOSA BEACH MUNICIPAL CODE. WHEREAS the City of Hermosa Beach is undergoing a major revision to its Municipal Code andwishes not to continue to include material that is out of date due to changes in the California state law, state and federal court decisions,.or usage by the City of Hermosa Beach. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Section 1-8. "Prison labor on city streets, etc. • Authorized."; Section 1-9. "Same- Labor In lieu of payment of Tine."; and Section 1-10. "Same - Enforcement of two preceding sections." shall be deleted in their : Section 2-3.1 "Travel expenses for elected officials, officers and employees.", shall be deleted in now shall read, SECTION 3: Section 2-4.5. "Compensation of city council." shall be amended to read, "Effective April 15,1986, each member of the city council shalt be compensated the amount of three hundreds dollars ($300.00) pursuant to the provisions of Section 36516 and 365163, Government Code, State of California" SECTION 4: Section 2-13. "Traveling expenses." shall be amended to read, 'The city manager shall.be reimbursed for all sums necessarily incurred or paid by him in the performance of his duties or incurred when traveling on business pertaining to the citysunder direction of the city council. Reimbursement shall only be made, however, when a verified itemized claim, setting forth the sums expended for such business for which reimbursement is requested and_has been presented_teihe•eity eetim 4 for approval. SECTION 5: Section 2-61. "Interest in contracts, etc." shall be amended to read, "Pursuant to sections 1090, 1091 and 1091.5 end se tions 526:5 of the state Government Code, no officer shall have an interest be interested in any contract made in their official capacity, nor be purchasers at any sale or vendors at any purchase made by them in their official capacity" SECTION 6: Article VIII. FUNDS, DIVISION 1. CAPITAL OUTLAY FUND, Section 2-83. "Created; purposes." and Section 2-84. "Expenditures from fund." shall be deleted in their entirety. SECTION 7: Section 2-111. "Schedule of fees and service charges." shall be amended to read, "Fees and service charges, whether or not provided for elsewhere by ordinance, shall be set and adjusted by resolution of the city council following a public report and recommendation from the city staff reflecting the cost reasonably bome and the recommended percentage of recovery, except that the city manager ifs hereby empowered to set a fee for service requests bode, when no fee has otherwise been established, and the request cannot be met unless the city incurs costs that can be reasonably bome from fees and charges..Fees specifiedin£eetiemsr64996endb4991 e11he6sliternie Government bade shall be effective only after meeting the requirements set forth for public bgadag1 r6eetiart To the extent possible, the city's fees and charges shall be fixed by one master tee resolution of the d: Section 2-120. "Duty of design review board to review plans." and Section 2-121 "Categorical examp ns." shall be amended to remove reference to see4en4i t_and to insert section 7-1.7 in its place. SECTION 9: Section 2-122 'Filing plan and referral to design review board", shall be amended to remove reference to seeiie 4 -+. to insert section 7-1.7 in its place and sub -section (A)(3)0) shall be amended to read 'projects which are not exempt from state law are to be signed by an architect or registered building designer. state law exennpliens imehide•.", and to delete sub -subsections i and ii. SECTION 10: Section 4-11. "Duration of license; license fees." shall be amended in subsection (a)(1) to read, "Exception: For dogs owned by senior citizens of the city, age sixty (60)orover, showing proofofaoe.the license fee shall be fifty (50) percent of the rate established by this section._ ineerne is less then seven theti nd fivue hum year. A dew owR exemption sheit file a at termerit umderpmel Is ofeligibrlii,vpon Payment of eaeh em ueEke." SECTION 11: Section 4-1 l (c) shall be deleted in. its entirety. SECTION 12: Section 4-14. "License forms." shall be amended to read, 'The eity1 easnrer finance department is hereby authorized and directed to cause to be printed annually such number of dog license forms as may be necessary,. $ CTION 13: Section 4-15. "License tag" shall be amended to read, "The eitytreasurer finance department shall likewise procure metal tags bearing inscriptions showing the year for which the same shall be issued and the number thereof,.. $ECTION 14: Section 4-17. "Ne9ee-)3g= of impounded dogs to be posted." shall be amended to read, "The contractor, acting as poundmaster of the city, upon impounding any dog found running at large, shall immediately file a report min oer9 to be amfei i d at the peumd by the peundrnastera notiee containing a brief description of the dog, and within twelve (I a eepyof the netiee." SECTION 15: Section 4-25. "Tag td be stamped with type of vaccine used, etc." shall be deleted in its entirety. SECTION 16: Section 4-26. "Impoundment for failure to wear license tag." shall be deleted in its entirety. SECTION 17: Section 17-54. "Violation of permit procedures." shall be amended to read: "Any person who refuses to purchase a permit for a garage sale or yard sale, or who conducts a fourth garage or yard sale within any twelve-month period, shall be guilty of an infraction of the law as set forth in Section 1- 7 of the Municipal Code. $Belie " SECTION 18: Section 19-15. "Crossing through, under, etc., barriers at railroad grade crossings.", shall be repeated in its entirety. SECTION 19: Section 19-24. "Blocking of railroad crossings by trains.", shall be repealed in its entirety. SECTION 20: Section 21-5. "Firearms -Permit to possess." shall be repealed in its entirety. SECTION 21: Section 21-6. "6ereepjtgann*-Permit to discharge." shall be amended to read: "It is hereby declared unlawful for any person todischargea0v oun, rifle, pistol, revolver, slingshot or air gun within the city w thout first obtained a permit in writing from the chief of the police department." SECTION 22: Section 21 -34. --Threats with replica firearms." sub -section (a)(1) shall be amended to read: "As used in this section, the term replica firearm shall include any device or object made of plastic, wood, metal or any other material which is a facsimile or toy version of, or is otherwise recognizable as a pistol, revolver, shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher, or any other firearm as that term is used under the provisions of Sections 12001 aed 12002, 12829(9)(1) arid 125? of the State Penal Code." SECTION 23: Section 21-36 "Display of books, magazines and other publications In locations other than newsracks." shall be amended to read: "(a) Definitions. For the purpose of this section, the following words and phrases shall have the meanings as ascribed to them by this section: (1) "Matter' means any book magazine, newspaper, video recording, or other printed or written material or any picture, drawing, photograph, motion picture, or other pictorial representation or any statue or other figure, or any recording, transcription, or mechanical, chemical, or electrical reproduction or any other articles, equipment, machines, or materials. (2) "Person" means any individual, partnership, firm, association, corporation, or other legal entity. (3) "Knowingly' means being aware of the character of the matter. (4) "Minor' means any natural person under 18 years of age. (5) "Harmful matter' means matter, taken as a whole, which to the average person, applying contemporary statewide standards, appeals to the prurient interest, and is matter which, taken as a whole, depicts or describes in a patently offensive way sexual conduct and which, taken as a whole, lacks serious literary, artistic, political or scientific value for minors. (b) Display of harmful matter. Every person who for commercial purposes displays by any means, or causes to be displayed by any means, or permits to be displayed by any means, in any business, other than a public place from which minors are excluded, any harmful matter, shall place upon the harmful matter a device commonly known as a"blinder rack"in front of the harmful matter, so that the lower two-thirds of the harmful matter is not exposed to view. (c) Minor need not view or gain control of material. To commit a violation of subsection (b) above, it is not required that a minor have actually viewed or physically gained control of any book, magazine, or other publication or matter as defined in subsection (a)(5) above. (d) Business persons responsible. The provisions of this chapter, with respect to the display, causing to be displayed or permitted to be displayed any book, magazine, or other publication as set forth in subsection (a) above, shall apply only to persons having proprietary interests in or managerial control of the ordinary and routine operation of the business wherein and at which time there occurs a violation of any of the (e) Punishment. Every person who violates 21-36(b) is punishable by fine of not more than one thousand dollars ($1,000.00), by imprisonment in the county jail for not more than one year, or by both that fine and imprisonment" SECTION 24: Section 22-5.4 "Park reservations." shall be amended to include South Park at 425 Valley Drive. SECTION 25: Section 23-15. "Records to be kept; Inspection o} records.", shall be amended to read, "Every pawnbroker, secondhand dealer, junk dealer and junk collector shall keep a complete record of all goods, wares, merchandise or things pledged to or purchased or received by him which record shall contain all of the matters required to be shown in the reports referred to and described in Chapter 9 of the Business and Professions Code of the State of California:.. seefieris __ _ and " SECTION 26: Section 23-17. "Limitation on sale of goods obtained by pawnbroker or secondhand dealer.", shall be amended to read: "It shall be unlawful for any pawnbroker or secondhand dealer.to sell or otherwise dispose of any article or thing within Ift twentyerie--days after such article or thing has been purchased or received by such junk dealer or collector." SECTION 27: Section 23.19. "Exceptions to sections 28.7 and 23-15 to 23.17.", shall be amended to read: "The provisions contained in sections 23a-and.23-15 to 23-17 shall not be deemed to apply to the purchase or sale by junk dealers or junk collectors of rags, bottles, other than milk or cream bottles, secondhand sacks.... " SECTION 28: Section, 29-16. "Public hearing by council." shall be amended to read, "The council may from time to time call public hearings to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures within designated areas of the city and the undergrounding installation of wires and facilities for supplying electric, communication or similar or associated service. The city manager shall notify all affected property owners as shown on the last equalized assessment roll, and utilities concerned, by mail of the time and place of such hearings at least ten-({8)fifleen (151(151 days prior to the date thereof. - SECTION 29 Section 30-2. "Tax for maintenance of parks, music and advertising purposes." shall be deleted in its entirety. SECTION 30: Section 30-10.5. "Exclusions and exemptions." shall be deleted in its entirety. SECTION 31: Section 30-10.6. "Application of provisions retailing to exclusions and exemptions." shall be deleted in its entirety. SECTION 32 Section 30-29. "Exemptions of governments; agencies thereof from tax; collection by assessment" shall be deleted in its entirety in order to conform to new wording in Taxation and Revenue Code Section 11922 and shall read, "Any deed, instrument or writing to which the United States, or any agency or instrumentality thereof, any state or territory, or political subdivision thereof, is a party shall beexempt from any tax imposed pursuant to this par when the exempt agency is acquiring title." SECTION 33: Section 30-40. "Taxes • Amount" shall be amended to read, "Every person constructing a new dwelling unit shall pay to the city the stir" an amount set by resolution of the council. with the amount of the tax ndiusted on an annual basis using the p re c_otage increase in the cost of living as calculated by the United States Bureau of Labor Statistics for the Los Angefes-Anaheim Riverside Standard Metropolitan Statistical Area, t for each new dwelling unit.. '. SECTION 34: Section 300. "Names of zones.", shall be amended to include the listing of, "0-S-2 Restricted Ooen Space Zone:', as shown in Article 9.52 of this Code. SECTION 35: 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 36: 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 37: 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, 1996, by the following vote: AYES: Benz, Bowler, Edgerton, Reviczky, Mayor Oakes NOES: None ABSTAIN: None ABSENT: None 4 Julie Oakes PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, Califomia ATTEST: Elaine Doerfling CITY CLERK APPROVED AS TO FORM: Michael Jenkins CITY ATTORNEY ERS-2-96IHBL694 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. 96-1156 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE DEFINITION OF ROOF SIGNS AND TO ALLOW ROOF SIGNS LOCATED ON PROJECTIONS ABOVE THE ROOF IF DETERMINED TO BE ARCHITECTURAL PROJECTIONS BY THE PLANNING COMMISSION. WHEREAS, the City Council held a public hearing on April 23, 1996, to consider the recommendation of the Planning Commission to amend the sign ordinance with respect to roof signs and to receive oral and written testimony and made the following Findings: A. Signs located on parapet walls which are part of the building facade should not be considered roof signs, which are prohibited. This should be clearly stated in the definition of roof sign; B. Certain roof signs which are located on architectural projections can enhance or contribute to a building's architectural appearance when integrated into the whole structure. These should be considered for possible exception to the roof sign prohibition on a case by case basis subject to Planning Commission approval and determination that the projection is architectural, and not only for the purposes of displaying a sign. C. 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 sign ordinance may have a significant effect on the environment NOW, THEREFORE, the City Council of the City of Hermosa Beach does hereby ordain that the Municipal Code, Appendix A, Zoning Ordinance, be amended as follows: SECTION 1. Amend the definition of "roof sign" as contained in Section 13.5-3(48) and add a definition for roof line to read as follows: "Roof Sign: A sign erected upon, above or extending above a roof line of a building or structure. Architectural projections above the roof line which function as background for a sign shall be considered a sign structure. A sign on such structure shall be considered a roof sign. Roof line: For the purposes of this Section, the roof line is considered the apparent uppermost edge of the roof or the top of a parapet, whichever forms the top line of the building silhouette or facade." 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. Amend Section 13.5-8, Prohibited Signs, sub -section (K) "roof signs" to read as follows: "K. Roof Signs. With the following exceptions: 1, Signs located on pre-existing architectural projections extending above a roof line that have historically been used for sign purposes. 2. Signs located on projections above the roof line that are deemed by the Planning Commission to be architectural projections that are part of the architecture of the building and not solely for purposes of sign background. 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 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, 1996, by the following vote: AYES: Benz, Bowler, Edgerton, Reviczky, Mayor Oakes NOES: None ABSTAIN: None ABSENT- Nox6 ) P ��TDENT ATTEST - City Council and MAYOR of the City of Hermosa Beach, California iL LeA.� CITY CLERK -2- OVED TO FORM: �k -1 ATTORNE • 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. 96-1156 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, 1996, and was published in the Easy Reader newspaper on May 23, 1996. • The vote was as follows: AYES: Benz, Bowler, Edgerton, Reviczky, Mayor Oakes NOES: None AB SENT - None ABSTAIN: None DATED: May 23, 1996 G� Deputy City Clerk • 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. 96-1157 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO RECOMMEND AMENDING THE COMMERCIAL PERMITTED USE LIST TO ADD "YOUTH HOSTEL" AS A CONDITIONALLY PERMITTED USE IN THE C-2 AND C-3 ZONES, AND TO ADD STANDARD CONDITIONS OF APPROVAL WHEREAS, the City Council held a public hearing on May 14, 1996 to consider the recommendation of the Planning Commission to add "Youth Hostel" as a permitted use, subject to a Conditional Use Permit and made the following Findings: A. The current list of permitted uses includes only hotel or motel as possibilities for transient lodging in the commercial districts, precluding other possibilities which could be a benefit to the City in attracting tourism; B. Youth Hostels are a commonly accepted type of transient lodging throughout the world, which allow a low-cost alternative to tourists, which differ from hotels and motels because the occupants may share rooms, and use common bathroom facilities; C. Making the establishment of a Youth Hostel subject to obtaining a Conditional Use Permit, will allow a case by case review of any proposed location or type of establishment to ensure compatibility with surroundings, and consistency with the intent of the commercial zone; D. 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 permitted use list may have a significant effect on the environment. NOW, THEREFORE, the City Council of Hermosa Beach does hereby ordain that the Municipal Code, Appendix A, Zoning Ordinance be amended as follows: 4- 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 SECTION 1. Amend the land use matrix under Section 8-3, Land Use Regulations to add the following in alphabetical order within the matrix: Youth Hostel U U 10-13 SECTION 2. Add the following Definition to Section 2.1 in alphabetical order,- Youth rder:Youth Hostel. One (1) or more buildings containing six (6) or more guest rooms, in which some or all offer dormitory style sleeping facilities. The sleeping facilities contained in such rooms are designed, intended to be used and are used, rented or hired out as temporary or overnight accommodations for guests in which daily services of linen change, towel change, soap change and general clean-up are provided by the management. Access to all rooms is provided through a common entrance; and a registration lobby is located on the premises. This definition excludes jails, hospitals, asylums, sanitariums, orphanages, prisons, detention homes and similar buildings where human beings are housed and detained under legal restraint. SECTION 3. Amend Article 10, Conditional Use Permit Standards, to add Section 10-13 as follows: "Sec. 10-13 Youth Hostels The following conditions and standards of operation, in addition to any other deemed necessary or appropriate to ensure compatibility with existing or permitted uses in the vicinity, shall be required: 1. All prospective lodgers shall provide a passport or international student identification and membership in an international hostel association as a condition to lodging. Lodging by minors shall not be permitted if it would violate provision of State or Local laws. -2- 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 is 27 28 2. The accommodations are only to be rented or hired out to any individual for a maximum duration of seven consecutive (7) days. There shall be a minimum of 21 days between stays for repeat visitors. 3. Building occupancy limits established by the Hermosa Beach Municipal Code shall not be exceeded. 4. Management shall provide daily linen and cleaning service. 5. Management shall ensure that a live-in manager is on duty at all times. 6. Management shall adopt, inform lodgers of, and strictly enforce rules of conduct of its guests to ensure their operation is not detrimental to the health, safety, peace or welfare of the neighborhood. All operation rules of and for the hostel shall be conspicuously displayed at locations throughout the premises and shall be printed in multiple languages to accommodate foreign travelers. These rules shall include, without limitation, the following: a. Specific check-in, check-out, day time lock -out (for cleaning purposes) and a nighttime curfew times shall be specified, subject to the approval of the Planning Commission and enforced by the management. b. No controlled substances or alcohol are permitted on the premises. C. No pets are permitted (except guide dogs for the disabled) d. No amplified music is allowed in any sleeping area 7 The hostel shall maintain affiliation with Hostelling International -American Youth Hostels (HI-AYA) or other international hostel association and otherwise promote the premises as a hostel catering to international travelers. 8. The hostel shall include a common area (i.e. a lounge or day room), which may include a kitchen or cooking facilities, for daytime use of the lodgers." 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 -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 general circulation published and circulated, in the City of Hermosa Beach, in the manner provided by law. SECTION 6. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED, and ADOPTED this 28th day of May, 1996, by the following vote AYES: Benz, Bowler, Reviczky, Mayor Oakes NOES: None ABSTAIN: None AB SENT - Edgerton ENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST - APPROVED AS TO FORM: CLERK \ '___C CITY ATTORNEY -4- • 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. 96-1157 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, 1996, and was published in the Easy Reader newspaper on June 6, 1996. The vote was as follows: AYES: Benz, Bowler, Reviczky, Mayor Oakes NOES: None AB SENT - Edgerton ABSTAIN: None DATED: June 6, 1996 lwd"Xle'"M � /"1q Deputy 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 Ange- les, and which newspaper has been adjudged a news- paper 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 news- paper and not in any supplement thereof on the follow- ing dates, to -wit: June 6 all in the year 1996. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, this 6th day of June 1996. Avoorilu sL32�2-tna Signature EASY READER, INC. P.O. BOX 427 832 HERMOSAAVENUE, HERMOSA BEACH, CA 90254 • Telephone: (310) 372-4611 I A? L) . n7 (_ 11,E 7 Proof of Publication of: CITY OF HERMOSA BEACH ER REF. NO. HBL695 SECTION 3. Amend Article 1 U. Cond itional Use Permit Standards, to PRESIDENT of the City Council and MAYORoftheCityotHermosa Beach. ee add Section 10-13 as follows: 'Sec. 10-13 Youth Hostels California ATTEST: The following conditions and stan- ElaineDoedling 0 dards of operation, in addition to any CITY CLERK 0p�r other deemed necessary or appro- APPROVED AS TO FORM; priate to ensure compatibility With Michael Jenkins existing or permitted usesin thevicin- CITY ATTORNEY CITY OF HERMOSA BEACH ity, shall be required: ER6-r>.96/HBL695 ORDINANCE NO. 96-1157 1. All prospective lodgers shall pro - AN ORDINANCE OF THE CITY OF vide a passport or international Stu- HERMOSA BEACH, CALIFORNIA, dent identification and membership TO RECOMMEND AMENDING in an international hostel association THE COMMERCIAL PERMITTED as acondition to lodging. Lodging by USE LIST TO ADD "YOUTH minors shall not be permitted if it HOSTEL" AS A CONDITIONALLY would violate provision of State or PERMITTED USE IN THE C-2 AND Local laws. C-3 ZONES, AND TO ADD 2. The accommodations are only to STANDARD CONDITIONS OF be rented or hired out to any ihdi- APPROVAL vidual for a maximum duration of WHEREAS, the City Council held seven consecutive (7) days. There a public hearing on May 14, 1996 to shall be a minimum of 21 days be - consider the recommendation of the tween stays for repeat visitors. Planning Commission to add "Youth 3. Building occupancy limits estab- Hostel" as a permitted use, subject to lished by the Hermosa Beach Munici- a Conditional Use Permit and made pal Code shall not be exceeded. the following Findings: 4. Management shall provide daily A. The current list of permitted uses linen and cleaning service. includes only hotel or motel as possi-. 5. Management shall ensure that a bilities for transient lodging in the live-in manager is on duty at all times. commercial districts, precludingother 6. Management shall adopt, inform possibilities which could be a benefit lodgers of, and strictly enforce rules to the City in attracting tourism; I of conduct of its guests to ensure B. Youth Hostels are a commonly ( their operation is not detrimental to accepted type of transient lodging the health, safety, peace orwelfareof throughout the world, which allow a the neighborhood. All operation rules low-cost alternative totourists, which of and for the hostel shall be con - differ from hotels and motels because spicuously displayed at locations the occupants may share rooms, and throughout the premises and shall be use common bathroom facilities; printed in multiple languages to ac - C. Making the establishment of a commodate foreign travelers. These Youth Hostel subject to obtaining a rules shall include, without limitation, Conditional Use Permit, will allow a the following: case by case review of any proposed a. Specific check-in, checkout, day location or type of establishment to time lock -out (for cleaning purposes) ensure compatibility with surround- and a nighttime curfew times shall be ings, and consistency with the intent specified, subject to the approval of of the commercial zone; the Planning Commission and en - D. The subject text amendment is forced by the management. exempt from the requirements of the b. No controlled substances or alto - California. Environmental Quality Act_ hol are permitted on the premises. (CEQA), pursuant to the general rule c. No pets are permitted (except set forth in Section 15061(3) of the guide dogs for the disabled) CEQAGuidelines, asthere isnoPOS- d. No amplified music is allowed in sibility that the modification to the any sleeping area permitted use list may have a signifi- 7. The hostel shall maintain affilia- cant effect on the environment. tion with Hostelling International - NOW, THEREFORE, the City American Youth Hostels (HI-AYA) or Council of Hermosa Beach does other international hostel association hereby ordain that the Municipal and otherwise promote the premises Code, Appendix A, Zoning Ordinance as a hostel catering to international be amended as follows: travelers. SECTION11 Amendthelanduse 8. The hostel shall include a com- matrix under Section 8-3, Land Use mon area (i.e. a lounge or day room), Regulations to add the following in Which may include a kitchen or cook - alphabetical order within the matrix: ing facilities, for daytime use of the SECTION 2 Add the following lodgers:' Definition to Section 2.1 in alphabeti- SECTION 4. This ordinance shall cal order: become effective and be in full force Youth Hostel. One (1) or more build- and effect from and after thirty (30) ings containing six (6) or more guest days of its final passage and adop- rooms, in which some or all offer lion. dormitory style sleeping facilities. The SECTION 5. Prior to the expira- sleeping facilities contained in such tion of fifteen (15) days after the date rooms are designed, intended to be of its adoption, the City Clerk shall used and are used, rented or hired cause this ordinance to be published out as temporary or overnight ac- in the Easy Reader, a weekly news- commodations for guests in which paperofgeneral circulation published daily services of -linen change, towel and circulated, in the City of Hermosa change, soap change and general Beach, in the manner provided by dean -up are provided by theman-law. agement.. Access to all rooms is SECTIONB. The City Clerk shall provided through acommon entrance; certify to the passage and adoption of and a registration lobby is located on this ordinance, shall enter the same the premises.This definition excludes in the book of original ordinances of jails, hospitals, asylums, sanitariums, said city, and shall make minutes of orphanages, prisons, detention the passage and adoption thereof in homes and similar buildings where the records of the proceedings of the human beings are housed and de- City Council at which the same is tained under legal restraint. passed and adopted. PASSED, APPROVED, and ADOPTED this 28th dayof May, 1996. by the following vote: AYES: Benz, Bowler, Reviczky, Mayor Oakes NOES: None ABSTAIN: None ABSENT: Edgerton �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 29 ORDINANCE NO. 96-1158 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING ORDINANCE NO. 88-932 RELATING TO FIRE FLOW FEES THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA ORDAIN AS FOLLOWS: SECTION 1. Findings. A. The City Council finds that, by the adoption of Ordinance No. 88-932, the Ci established a fire flow fee to address the issues of public safety and fire protection. B. The City Council finds that the general purpose of the fire flow fee is to impleme the goals and objectives of the Safety Element of the General Plan and to mitiga the fire protection impacts caused by new development. The City Council furth finds that the express intent of Ordinance No. 88-932 is that fire flow fee revenue be used to finance improvements in "fire protection facilities" C. The City Council finds that firefighting equipment and vehicles are an integral pa of "fire protection facilities" D. The City Council finds the expenditure of fire flow fee revenues on firefightir equipment and vehicles is consistent with the general purpose and express intent Ordinance No. 88-932. E. The City Council finds that new development has increased the density level of t] City and has placed additional burdens on the fire protection system. The Ci Council further finds that a direct relationship exists between new development in zones of the City and the need to install, upgrade, and replace firefighting equipme: and vehicles. F. The City Council finds that the use of fire flow fee revenues to purchase and/ upgrade firefighting equipment and vehicles will help alleviate the additional burd on the fire protection system created by new development in the City. G. The City Council finds that the fire protection fees collected pursuant to Ordinan �m 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 29 No. 88-932 shall be used to finance only those public facilities described or identified in Exhibit "A", as amended by Ordinance No. 93-1088 and this ordinance, and attached hereto. SECTION 2. Exhibit "A" ("Fire Protection Measures Subject to Fire Protection Fee") to Ordinance 88-932, as amended by Ordinance 93-1088, is hereby amended to add a new paragraph 6 to read as follows: 466. FIRE FIGHTING EQUIPMENT AND VEHICLES" SECTION 3. Exhibit "A" ("Fire Protection Measures Subject to Fire Protection Fee") to Ordinance 88-932, as amended by Ordinance 93-1088 and by this ordinance, and attached hereto, is hereby adopted. 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. 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 passage and adoption thereof in the records of the proceedings of the City Councij' at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 28th day of May, 1996 by the following vote: AYES: Bowler, Reviczky, Mayor Oakes NOES: Benz ABSTAIN: None ABSENT- gEdpzei ENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST - d 1'. Aow F4 F CITY CLERK -2- APPROVED TO FORM: r EXHIBIT "A" • FIRE PROTECTION MEASURES SUBJECT TO FIRE PROTECTION FEE HYDRANTS 2. RISER CONNECTIONS FROM MAIN TO HYDRANT 3. NECESSARY VALVES AND ATTACHMENTS AS DETERMINED BY THE WATER COMPANY 4. REPAIRS TO PUBLIC IMPROVEMENTS SUCH AS STREETS AND SIDEWALKS NECESSITATED BY THE INSTALLATION OF HYDRANTS, RISERS AND NECESSARY VALVES AND ATTACHMENTS 5. THE TWO REMAINING LEASE/PURCHASE PAYMENTS OF $39,770.24 EACH, FOR THE 1990 FIRE ENGINE, DUE RESPECTIVELY, MAY 29, 1993 AND MAY 29, 1994 6. FIREFIGHTING EQUIPMENT AND VEHICLES • • • 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. 96-1158 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, 1996, and was published in the Easy Reader newspaper on June 6, 1996. The vote was as follows: AYES: Bowler, Reviczky, Mayor Oakes NOES: Benz AB SENT - Edgerton ABSTAIN: None DATED: June 6, 1996 L A 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 LosAnge- les, and which newspaper has been adjudged a news- paper 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 news- paper and not in any supplement thereof on the follow- ing dates, to -wit: June 6 C all in the year 1996. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, this _ 1996. 0 6th day of June /y/ nto m J ? 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 ER REF. NO. HBL696 149 CITY o ` CITY OF HERMOSA BEACH ORDINANCE NO. 96-1158 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, . AMENDING ORDINANCE NO. 88.932 RELATING TO FIRE FLOW FEES THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. Findings. A. The City Council finds that, by the adoption of Ordinance No. 88-932, the City established a fire flow fee to address the issues of public safety and fire protection. B. The City Council finds that the general purpose of the fire flow fee is to implement the goals and objec- tives of the Safety Element of the General Plan and to mitigate the fire protection impacts caused by new development. The City Council fur- ther finds that the express intent of Ordinance No. 88-932 is that fire flow fee revenues be used to finance im- provements in "fire protection facili- ties". C. The City Council finds that firefighting equipment and vehicles are an integral part of "fire protection facilities". D. The City Council finds the expen- diture of fire flow fee revenues on firefighting equipment and vehicles is consistent with the general purpose and express intent of Ordinance No. 88-932, E. The City Council finds that new development has increased the den- sity level of the City and has placed additional burdens on the fire protec- tion system. The City Council further finds that a direct relationship exists between new development in all zones of the City and the need to install, upgrade, and replace firefighting equipment and vehicles. F. The City Council finds that the use of fire flow fee revenues to purchase and/orupgrade firefighting equipment and vehicles will help alleviate the additional burden on the fire protec- tion system created by new develop- ment in the City. G. The City Council finds that the fire protection fees collected pursuant to Ordinance No. 88-932 shall be used to finance only those public facilities described or identified in Exhibit "A", as amended by Ordinance No. 93- 1088and this ordinance, and attached hereto. SECTION 2. Exhibit "A" ("Fire Protection Mea- sures Subject to Fire Protection Fee') to Ordinance 88-932, as amended by Ordinance 93-1088, is hereby amended to add a new paragraph 6 to read as follows: "6. FIRE FIGHTING EQUIPMENT AND VEHICLES" Exhibit "A" ("Fire Protection Mea- sures Subject to Fire Protection Fee') to Ordinance 88-932, as amended by Ordinance 93-1088 and by this ordi- nance, andattached hereto, is hereby adopted. This ordinance shall become effec- tive and be in full force and effect from and after thirty (30) days of its final passage and adoption. SECTION 5. 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 the 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 May, 1996 by the following vote: AYES: Bowler, Reviczky, Mayor Oakes NOES: Benz ABSTAIN: None ABSENT: Edgerton Julie Oakes PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: ElaineQOff ina' APPROVED AS TO FORM: Michael Jenkins CITY ATTORNEY ER6-6.96/HBL696 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. 96-1159 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING CONFLICT OF INTEREST PROHIBITIONS FOR CITY OFFICIALS THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Purpose. The proper operation of city government requires that City Councilmembers and Planning Commissioners be independent and impartial in their judgment and actions; that government decisions and policy be made in the proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government and public officials. Although provisions of the Political Reform Act govern the conduct of elected and appointed City officials, and although the City Council, through the adoption of Resolution No. 94-5707, has adopted a Conflict of Interest Code in compliance with the provisions of the Act, the City Council finds and determines that additional ethical safeguards and guidelines are desirable to require the disclosure of a conflict of interest at the earliest possible time. SECTION 2: City Council Section 2-2.19 of the Code of the City of Hermosa Beach, California, is hereby amended in its entirety to read as follows: "(a) Any member of the City Council who is disqualified from voting or taking any action on a particular matter by reason of a conflict of interest as defined either by the Political Reform Act (Government Code Sections 81000 et sea.) ("the Act") or by Government Code Section 1090 shall provide notification as set forth in subsection (b) of this Section, and shall disclose the nature of said conflict of interest in writing to the City Manager and City Attorney at the earliest possible -1- LJ 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 Is 27 28 time and in no event later than five (5) business days from the time that the conflict of interest arises. (b) The notification shall be in writing and shall set forth in reasonable detail and particularity the nature of the conflict, the scope of the member's involvement in the project or transaction at issue, and that monetary or other consideration is to be derived by the member from said project or transaction. Said notification shall include a statement as to the affected member's intention to disqualify himself or herself from any deliberation or discussion of the project or transaction at issue. The City Manager shall immediately transmit a copy of the notification to all members of the City Council. (c) Once a conflict of interest is ascertained, the disqualified member shall: (1) Remove himself or herself from the dais at all times during which the matter is under consideration; and (2) Refrain from participating in the discussion as a member of the body and from voting thereon; and (3) Refrain from using his or her official position to influence the decision regarding the matter. (d) Any member of the City Council so disqualified shall not be counted for the purpose of determining a quorum, and shall be considered absent for the purpose of determining the outcome of a vote on the matter, unless that member's participation is required pursuant to the rule of legally required participation." SECTION 3: Planning Commission. Section 2-74.1 is hereby added to the Code of the City of Hermosa Beach, California, to read as follows: "(a) Any member of the Planning Commission who is disqualified from voting or taking any action on a particular matter by reason of a conflict of interest as defined either by the Political Reform Act (Government Code Sections 81000 et seq.) ("the Act") -2- 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 or by Government Code Section 1090 shall provide notification as set forth in subsection (b) of this Section, and shall disclose the nature of said conflict of interest in writing to the City Manager and City Attorney at the earliest possible time and in no event later than five (5) business days from the time that the conflict of interest arises. (b) The notification shall be in writing and shall set forth in reasonable detail and particularity the nature of the conflict, the scope of the member's involvement in the project or transaction at issue, and that monetary or other consideration is to be derived by the member from said project or transaction. Said notification shall include a statement as to the affected member's intention to disqualify himself or herself from any deliberation or discussion of the project or transaction at issue. The City Manager shall immediately transmit a copy of the notification to all members of the City Council and to all other members of the Planning Commission. (c) Once a conflict of interest is ascertained, the disqualified member shall: (1) Remove himself or herself from the dais at all times during which the matter is under consideration; and (2) Refrain from participating in the discussion as a member of the body and from voting thereon; and (3) Refrain from using his or her official position to influence the decision regarding the matter. (d) Any member of the Planning Commission so disqualified shall not be counted for the purpose of determining a quorum, and shall be considered absent for the purpose of determining the outcome of a vote on the matter, unless that member's participation is required pursuant to the rule of legally required participation." SECTION 4. Requirements supplemental to State Law. This ordinance and its enforcement is intended to be supplemental to and consistent with all applicable State laws. SECTION 5: Severability. If any section, sub -section, sentence or clause of this ordinance is for any reason held to be invalid or unconstitutional by a court of competent -3- LJ 2 3 4 5 6 7 8 9 10 12 13 • 14 15 16 17 18 jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council hereby declares that it would have adopted this ordinance and each section hereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or portion thereof be declared invalid or unconstitutional. 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. 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 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, 1996, by the following vote: AYES: Benz, Bowler, Reviczky, Mayor Oakes NOES: None ABSTAIN: None ABSENT- Edgerton 19 11,0/RESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California 20 21 22 23 24 25 26 • 27 28 ATTES CITY CLERK -4- XPPROVED AS VO 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. 96-1159 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, 1996, and was published in the Easy Reader newspaper on June 6, 1996. • The vote was as follows: AYES: Benz, Bowler, Reviczky, Mayor Oakes NOES: None ABSENT- Edgerton ABSTAIN: None DATED: June 6, 1996 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 LosAnge- les, and which newspaper has been adjudged a news- paper 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 news- paper and not in any supplement thereof on the follow- ing dates, to -wit: June 6 all in the year 1996. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, this 6th day of June 1996. 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 ER REF. NO. HBL697 (d) Any member of the City Council so disqualified shall not be counted forthe purpose of determining a quo- tion thereof be declared invalid or unconstitutional. rum, and shall be considered absent for the purpose of determining the SECTION 6. This ordinance shall become effec- •� outcome of a vote on the matter, live and be in full force and effect from unless that member's participation is and after thirty (30) days of its final CITY OF HERMOSA BEACH required pursuant to the rule of le- passage and adoption. ORDINANCE NO. 96.7159 gally required participation." SECTION 7. AN ORDINANCE OF THE CITY OF SECT10N3: Planning Commission. The City Clerk shall certify to the HERMOSA BEACH, CALIFORNIA, Section 2-74.1 is hereby added to passage and adoption of this ordi- ADOPTING CONFLICT OF INTEREST PROHIBITIONS FOR the Code of the City of Hermosa Beach, California, to read as follows: nance, shall enter the same in the CITY OFFICIALS THE CITY "(a)Anymemberofthe Planning Com- book of original ordinances of the 9 COUNCIL OF THE CITY OF mission who is disqualified from vot- City, and shall make minutes of the HERMOSA BEACH DOES ing or taking any action on a particular passage and adoption thereof in the HEREBY ORDAIN AS FOLLOWS: matter by reason of a conflict of inter- records of the proceedings of the City SECTION 1: Purpose est as defined either by the Political Council at which the same is passed The proper operation of city gov- Reform Act (Government Code Sec- and adopted. ernment requires that City tions 81000 el a.)('theAct")orby PASSED, APPROVED and Councilmembers and Planning Com- Government Code Section 1090 shall ADOPTED this 281h day ofMay, 1996, missioners be independent and im- provide notification as set forth in by the following vote: partial in their judgment and actions; subsection (b) of this Section, and AYES: Benz, Bowler, Reviczk Y, that government decisions andpolicy shall disclose the nature of said con- Mayor Oakes be made in the properchannelsofthe flict of interest in writing to the City NOES: None governmental structure; that public Manager and City Attorney at the office not be used for personal gain; earliest possible time and in no event ABSTAIN: None and that the public have confidence laterthan five (5) business days from ABSENT: Edgerton in the integrity of its government and the time that the conflict of interst Julie Oakes public officials. Although provisions of the Political Reform Act govern the arises. (b) The notification shall be in writing PRESIDENT of the Cit Council and Y conduct of elected and appointed City and shall set forth in reasonable de- MAYORoitheCity oiHermosaBeaclr, officials, and although the City Coun-California tail and particularity the nature of the ATTEST: dl, through the adoption of Resolu- conflict, the scope of the member's Elaine Doerifing tion No. 94-5707, has adopted a Con- flict of Interest Code in compliance involvementipthe project ortransac- CITY CLERK ' with the provisions of the Act, the City tion at issue, and that monetary or APPROVED AS TO FORM: Council finds and determines that other consideration is to be derived Michael Jenkins additional ethical safeguards and by the member from said project or CITY ATTORNEY guidelines are desirable to require transaction. Said notification shall ER6-6-96IHBL697 thedisclosure of a conflict of interest include a statement astothe affected at the earliest possible time. member's intention to disqualify him - SECTION 2: City Council self or herself from any deliberation Section 2-2.19 of the Code of the or discussion of the project or trans - City of Hermosa Beach, California 'is action at issue. The City Manager her amended in its entirety to shall immediately transmit a copy of as follows: Any member ofIke City Council the notification to all members of the wread who is disqualified from voting or tak- Cit Y Council and to all other members ing any action on a particular matter of the Planning Commission. by reason of a conflict of interest as (c) Once a conflict of interest is as - defined eitherbythe Political Reform certained, the disqualified member Act (Government Code Sections shall: 81000 et sell.) ('the AcrJ or by Gov- (1) Remove himself or herself from ernment Code Section 1090 shall the dais at all times during which the provide notification as set forth in matter is under consideration; and subsection (b) of this Section, and shall disclose the nature of said con- (2) Refrain from participating in the. flict of interest in writing to the City discussion as a member of the body Y Manager and City Attorney at the and from voting thereon; and earliest possible time and in no event (3) Refrain from using his or her of5- laterthan five (5) business days from tial position to influence the decision the time that the conflict of interst regarding the matter. arises. (d) Any memberofthe Planning Com - (b) The notification shall be in writing mission so disqualified shall not be and shall set forth in reasonable de- counted for the purpose of determin- tail and particularity the nature of the ing a quorum, and shall be consid- conflict, the scope of the member's erect absent for the purpose oideter- in the project or monettransary or tion at issue, and that monetary or � tion at issue, I mining the outcome of a vote on the 9 other consideration is to be derived , matter, unless that member's by the member from said project or perticipation is required pursuant to transaction. Said notification shall the rule of legally required participa- include a statement astotheaffected tion:" member's intention to disqualify him- SECTION 4. Requirements self or herself from any deliberation supplemental to State Law. This or discussion of the project or trans- ordinance and its enforcement is in- action at issue. The City Manager tended to be supplemental to and shall immediately transmit a copy of the notification to all members of the consistent with all applicable State City Council. laws. interest is as -member (c) Once a he disqualified certained, the dis ualified member SECTION 5: Severability. If an y section, sub -section, sentence shall: or clause of this ordinance is for any (1) Remove himself or herself from reason held to be invalid or unconsti- the dais at all times during which the tutional by a court of competent juris- matter is under consideration; and diction, such decision shall not affect (2) Refrain from participating in the the validity of the remaining portions discussion as a member of the body of the ordinance. The City Council and from voting thereon; and hereby declares that it would have (3) Refrain from using his or her offs- adoptedthis ordinance and each sec- cial position to influence the decision regarding the matter. tion hereof irrespective of the fact that any one or more Sections, sub- sections, sentences, clauses, or por- 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 ORDINANCE NO. 96-1160 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RELOCATING SECTIONS 7-1.7,7-1.8 AND ARTICLE IX FROM THE BUILDING CODE TO THE ZONING ORDINANCE AND CHANGING THE WORDS BZA AND BUILDING OFFICIAL TO PLANNING COMMISSION AND COMMUNITY DEVELOPMENT DIRECTOR RESPECTIVELY WHEREAS, the City Council held a public hearing on May 28, 1996, to consider oral and written testimony and made the following Findings: A. The said sections belong more appropriately in the Zoning Ordinance. NOW, THEREFORE, the City of Hermosa Beach, California, does hereby ordain that the zoning ordinance text be amended as follows: SECTION 1. Move the following Municipal Code Sections to the Zoning Ordinance: A. Chapter 7, Article 9. Determination of Legality of Non -Conforming Buildings move to Article 14, and include as Division 4.(refer to Exhibit A for text),- B. ext);B. Article 1, Section 7-1.7 Requiring Approval of Planning Commission move to Article 14, and include as Division 5 (refer to Exhibit B for text); C. Article 1, Section 7-1.8 Moving Building move to Article 14, and include as Division 6 (Refer to Exhibit B for text); and, D. Change the words BZA and Building Official to Planning Commission and Community Development Director respectively in the above noted Sections 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. -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 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 of said 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 June, 1996, by the following vote. AYES: Bowler, Edgerton, Reviczky, Mayor Oakes NOES: None ABSTAIN: None ABSENT- Benz U of the City Council and MAYOR of the City of Hermosa Beach, California. CITY CLERK -2- 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. 96-1160 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 day of June, 1996, and was published in the Easy Reader newspaper on June 20, 1996. The vote was as follows: • AYES: Bowler, Edgerton, Reviczky, Mayor Oakes NOES: None AB SENT - Benz ABSTAIN: None DATED: June 20, 1996 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 LosAnge- les, and which newspaper has been adjudged a news- paper 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 news- paper and not in any supplement thereof on the follow- ing dates, to -wit: June 20 all in the year 1996. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, this 20th day of June 1996. Signatu EASY READER, INC. P.O. BOX 427 832 HERMOSAAVENUE, HERMOSA BEACH, CA 90254 Telephone: (310) 372-4611 1..1 L'. �1) (l'� l/ �) Proof of Publication of. CITY OF HERMOSA BEACH ER REF. NO. HBL699 lbw M O® 0 � p t ft 0 0 +ao� CITY OF HERMOSA BEACH ORDINANCE NO. 96-1160 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA TO RELOCATING SECTIONS 7- 1.7.7-1.8 AND ARTICLE IX FROM THE BUILDING CODE TO THE ZONING ORDINANCE AND CHANGING THE WORDS BZA AND BULDING OFFICIAL TO PLANNING COMMISSION AND COMMUNITY DEVELOPMENT DIRECTOR RESPECTIVELY WHEREAS, the City Council held a public hearing on May 28, 1996 to consider oral and written testimony and made the following Findings: A The said sections belong more appropriately in the Zoning Ordinance. . NOW, THEREFORE, the City of Hermosa Beach, California, does hereby ordain that the zon- ing ordinance text be amended as follows: SECTION 1. Move the follow- ing Municipal Code Sections to the Zoning Ordinance: A. Chapter 7, Article 9: De- termination of Legality of Non - Conforming Buildings move to Article 14, and include as Division 4.(refer to Exhibit A for text); B. Article 1, Section 7-1.7 Requiring Approval of Planning Commission move to Article 14, and include as Division 5 (refer to Exhibit B for text); C. Article 1, Section 7-1.8 Moving Building move to Article 14, and include as Division 6 (Re- fer to Exhibit B for text); and, D. Change the words BZA and Building Official to Planning Commission and Community De- velopment Director respec- tively in the above noted Sections SECTION 2 This ordinance shall become effective and be in full force and effect from and af- ter thirty (30) days of its final pas- sage and adoption. SECTION 3. Prior to the ex- piration 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 )rdinance of said 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 June,1996, by the following vote: AYES: Benz, Bowler, 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: CITY CLERK APPROVED AS TO FORM: CITYATTORNEY ER6-20-96/HBL699 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 0 27 28 ORDINANCE NO. 96-1161 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE HERMOSA BEACH MUNICIPAL CODE, SECTION 29-38, REGARDING ENCROACHMENTS INTO THE PUBLIC RIGHT-OF-WAY. THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES ORDAIN AS FOLLOWS: SECTION 1. Section 29-31 of Chapter 29, Article V, Encroachments, of the Hermosa Beach Municipal Code is amended by amending the definition of "Encroachment" contained therein to read as follows: Encroachments are structures, objects, uses or landscaping owned by a private property owner and located on or over adjoining public right-of-way for the property owner's private use and enjoyment. Permissible encroachments are those which place a minimal burden on the right-of-way, are easily removable and do not materially alter the character of the right-of-way as open space, and include landscaping, fencing, movable personal property (such as furniture and planters), patios, decks, landscape irrigation and lighting systems and similar structures and objects, in accordance with the standards, conditions and requirements of this Chapter, No building or structural element of a building (including walls, roofs, structural supports, balconies, stairwells, and the like) shall be permitted to encroach on or over a public right-of-way. SECTION 2. Section 29-32 of Chapter 29, Article V, Encroachments, of the Hermosa Beach Municipal Code is amended to read as follows: Sec. 29-32. Permit. An encroachment permit is required for any landscaping in excess of forty-two inches (42") in height, and any structure, object or use which is permitted by this Chapter to encroach on or over a public right-of-way. The encroachment permit shall be in a form provided by the Public Works Director and approved by the City Attorney. Issuance of an encroachment permit is within the City's discretion and constitutes a privilege granted by Q 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 City as a convenience to an adjoining property owner and not a right. An encroachment permit is not a substitute for a building permit or a construction permit when either is otherwise required by this Code. SECTION 3. Section 29-34 of Chapter 29, Article V, Encroachments, of the Hermosa Beach Municipal Code is amended by adding thereto a new final sentence to read as follows: If the applicant for an encroachment permit is an officer or employee of the City, only the City Council is authorized to issue the permit. SECTION 4. Section 29-35 of Chapter 29, Article V, Encroachments, of the Hermosa Beach Municipal Code is amended by adding a new sentence there to read as follows: Only the owner of record of real property is eligible to apply for and receive an encroachment permit for encroachments from adjacent residential property. SECTION 5. Section 29-36 of Chapter 29, Article V, Encroachments, of the Hermosa Beach Municipal Code is amended by adding a new sentence there to read as follows: Only the owner of record of real property is eligible to apply for and receive an encroachment permit for encroachments from adjacent commercial property, except that commercial outdoor dining encroachment permits may be issued to a lessee in connection with approval of a conditional use permit pursuant to Section 29-39. SECTION 6. Section 29-38 of Chapter 29, Article V, Encroachments, of the Hermosa Beach Municipal Code is amended to read as follows: Sec. 29-38. Requirements and conditions of approval. Permitted encroachments shall comply with the following requirements and conditions: (1) General (applicable to all encroachments): a. All construction shall conform to the requirements of the Uniform Building Code, the Municipal Code, and the Department of Public Works Standards and Policies. b. Landscaping encroachments within the public right-of-way shall not exceed the building height limitation of the zone in which it is planted. -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 C. In the case of an encroachment occupying the public right-of-way enclosed by the extension of the two side property lines between the front property line and the existing or future sidewalk, a minimum of one-third of the encroachment area shall be landscaped in accordance with a landscape plan to be approved by the Public Works Department in conjunction with the encroachment permit application. d. Height of any encroachment shall be measured from the natural grade unless otherwise specifically approved by the Director of Public Works by virtue of unusual topography or other extraordinary physical circumstances. e. Encroachments shall not obstruct access to underground utilities nor significantly impair scenic vistas from neighboring properties. f. Public right-of-way, through receipt of an encroachment permit, shall not satisfy required open space or any conditions of building or zoning that are normally provided on-site, except for providing required residential guest parking, pursuant to Sections 1157 (c) and 1159 (b) of the Zoning Ordinance, and for providing required parking approved by a parking plan granted pursuant to Section 1169 of the Zoning Ordinance. g. An encroachment shall not provide structural support for any structure located on private property. (2) Pedestrian walk street (applicable only to those streets): a. Fences shall not exceed a maximum height of forty-two inches (42"). b. Fences are allowed at a height of forty-two inches (42") maximum on top of retaining walls of masonry, block, brick or concrete. The fence height is measured from the natural grade. A retaining wall on public right-of-way shall not support any structure on private property. C. Decks may be permitted to a maximum height of twelve inches (12") height above the existing natural grade and if they do not project into the public right-of-way more than half the distance between the property line and edge -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 of existing or future sidewalk. Deck railings are permitted provided that they are of open construction and that deck and railing do not exceed a maximum height of forty-two inches (42"). (3) Vehicular street (applicable only to those streets): a. Fences shall not exceed a maximum height of forty-two inches (42"). b. Encroachments shall not be placed over an existing or planned sidewalk. SECTION 7. Section 29-40 of Chapter 29, Article V, Encroachments, of the Hermosa Beach Municipal Code is amended by deleting subparagraphs (c) and (h) and re -lettering subparagraphs (d), (e), (f), (g) and (i) as subparagraphs (c), (d), (e), (f) and (g) respectively. SECTION 8. Section 29-44 of Chapter 29, Article V, Encroachments, of the Hermosa Beach Municipal Code is hereby repealed. SECTION 9. Encroachments in existence on May 15, 1996, which do not conform to the standards set forth in Section 29-38 may remain as they exist as of May 15, 1996, whether or not a valid encroachment permit is obtained from the City as long as the encroachment is not expanded, increased or intensified, until the earlier of either of the following events: 1, The City revokes the encroachment permit or requires removal of the encroachment for any reason, including construction of public improvements, which requires access to the encroachment area; 2. The primary structure on the property benefiting from the encroachment is remodeled or reconstructed at a cost which exceeds fifty percent (50%) of the replacement cost of the existing structure. In either of the above events, the encroachment shall be removed and any replacement encroachment shall be subject to receipt of an encroachment permit and shall conform to the requirements of Section 29-38. SECTION 10. This ordinance shall become effective and be in full force and effect from and after thirty (30) days of its final passage and adoption. SECTION 11. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of -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 general circulation published and circulated, in the City of Hermosa Beach in the manner provided by law. SECTION 12. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 9th day of July, 1996, by the following vote: AYES: Edgerton, Reviczky, Mayor Oakes NOES: None ABSTAIN: None ABSENT- Benz, Bowler PRESIDENt/of the City i ouncil and MAYOR of the City of Hermosa Beach, California ATTEST- APPROVED AS TO FORM: CITY CLERK CITY ATTORNEY -5- 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. 96-1161 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 July, 1996, and was published in the Easy Reader newspaper on July 18, 1996. The vote was as follows: AYES: Edgerton, Reviczky, Mayor Oakes NOES: None ABSENT- Benz, Bowler ABSTAIN: None DATED: July 18, 1996 La � Deputy 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 LosAnge- les, and which newspaper has been adjudged a news- paper 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 news- paper and not in any supplement thereof on the follow- ing dates, to -wit: July 18 all in the year 1996. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, this 18th day of July 1996. ^I , 511&__ ,A4VW Signature EASY READER, INC. P.O. BOX 427 832 HERMOSAAVENUE, HERMOSA BEACH, CA 90254 • Telephone: (310) 372-4611 Proof of Publication of: CITY OF HERMOSA BEACH ER REF. NO. HBL 701 (see attached page) • • • 1 rMo� CITY OF HERMOSA BEACH ro a J' ORDINANCE NO. 96-1161 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE HERMOSA BEACH MUNICIPAL CODE, SECTION 29.38, REGARDING ENCROACHMENTS INTO THE PUBLIC RIGHT-OF-WAY THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES ORDAIN AS FOLLOWS: SECTION 1, Section 29-31 of Chapter 29, Article V, Encroachments, of the Hermosa Beach Municipal 1 Code is amended by amending the definition of "Encroachment' contained therein to read as follows: Encroachments are structures, objects, uses or landscaping owned by a private property owner and located on or over adjoining public right-of-way for the property owner's private use and enjoyment. Permis- 1 sible encroachments are those which place a minimal burden on the right-of-way, are easily removable and do not materially alter the character of the right-of-way as open space, and include landscaping, fencing, movable personal property (such as furniture and planters), patios, decks, landscape irrigation and lighting systems and similar structures and objects, in accordance with the standards, conditions and requirements of this Chapter. No building or structural element of a building (including walls, roofs, structural supports; balco- nies, stairwells, and the like) shall be permitted to encroach on or over a public right-of-way. SECTION 2. Section 29-32 of Chapter 29, Article V, Encroachments, of the Hermosa Beach Municipal Code is amended to read as follows: Sec. 29-32. Permit An encroachment permit is required for any landscaping in excess of forty-two inches (42") in height, and any structure, object or use which is permitted by this Chapter to encroach on or over a public right-of-way. The encroachment permit shall be in a form provided by the Public Works Director and approved by the City Attorney. Issuance of an encroachment permit is within the City's discretion and constitutes a privilege granted by the City as a convenience to an adjoining property owner and not a right. An encroachment permit is not a substitute for a building permit or a construction permit when either is otherwise required by this Code. SECTION 3. Section 29-34 of Chapter 29, Article V, Encroachments, of the Hermosa Beach Municipal Code is amended by adding thereto a new final sentence to read as follows: If the applicant for an encroachment permit is an officer or employee of the City, only the City Council is authorized to issue the permit. SECTION 4. Section 29-35 of Chapter 29, Article V; encroachments, of the Hermosa Beach Municipal Code is amended by adding a new sentence there to read as follows: Only the owner of record of real property is eligible to apply for and receive an encroachment permit for j encroachments from adjacent residential property. SECTION 5. Section 29-36 of Chapter 29, Article V, Encroachments, of the Hermosa Beach Municipal Code is amended by adding a new sentence there to read as follows: Only the owner of record of real property is eligible to apply for and receive an encroachment permit for encroachments from adjacent commercial property, except.that commercial outdoor dining encroachment permits may be issued to a lessee in connection with approval of a conditional use permit pursuant to Section 29-39. SECTION 6. Section 29-38 of Chapter 29, Article V, Encroachments, of the Hermosa Beach Municipal Code is amended to read as follows: Sec. 29-38. Requirements and conditions of approval. Permitted encroachments shall comply with the following requirements and conditions: (1) General (applicable to all encroachments): a. All construction shall conform to the requirements of the Uniform Building Code, the Municipal Code, and the Department of Public Works Standards and Policies. b. Landscaping encroachments within the public right-of-way shall not exceed the building height limitation of the zone in which it is planted. C. In the case of an encroachment occupying the public right-of-way enclosed by the extension of �. the two side property lines between the front property line and the existing or future sidewalk, a minimum of one-third of the encroachment area shall be landscaped in accordance with a landscape plan to be approved by the Public Works Department in conjunction with the encroachment permit application. d. Height of any encroachment shall be measured from the natural grade unless otherwise specifi- cally pecifrcally approved by the Director of Public Works by virtue of unusual topography or other extraordinary physical circumstances. e. Encroachments shall not obstruct access to underground utilities nor significantly impair scenic vistas from neighboring properties. I. Public right-of-way, through receipt of an encroachment permit, shall not satisfy required open space or any conditions of building or zoning that are normally provided on-site, except for providing required residential guest parking, pursuant to Sections 1157 (c) and 1159 (b) of the Zoning Ordinance, and for provid- ing required parking approved by a parking plan granted pursuant to Section 1169 of the Zoning Ordinance. g. An encroachment shall not provide structural support for any structure located on private property. (2) Pedestrian walk street (applicable only to those streets): a. Fences shall not exceed a maximum height of forty-two inches (42"): b. Fences are allowed at a height of forty-two inches (42") maximum on top of retaining walls of masonry, block, brick or concrete. The fence height is measured from the natural grade. A retaining wall on public right-of-way shall not suppdrt any structure on private property. c. Decks may be permitted to a maximum height of twelve inches (12") height above the existing natural grade and if they do not project into the public right-of-way more than half the distance between the property line and edge of existing or future sidewalk. Deck railings are permitted provided that they are of open construction and that deck and railing do not exceed a maximum height of forty-two inches (42"). (3) Vehicular street (applicable only to those streets): a. Fences shall not exceed a maximum height of forty-two inches (42"). b. Encroachments shall not be placed over an existing or planned sidewalk. SECTION 7. Section 29-40 of Chapter 29, Article V, Encroachments, of the Hermosa Beach Municipal Code is amended by deleting subparagraphs (c) and (h) and re -lettering subparagraphs (d), (e), (f), (g) and (i) as subparagraphs (c), (d), (e), (f) and (g) respectively. SECTION 8. Section 29-44 of Chapter 29, Article V. Encroachments, of the Hermosa Beach Municipal Code is hereby repealed. SECTION 9. Encroachments in existence on May 15, 1996, which do not conform to the stan- dards set forth in Section 29-38 may remain as they exist as of May 15, 1996, whether or not a valid en- croachment permit is obtained from the City as long as the encroachment is not expanded, increased or i intensified, until the earlier of either of the following events: 1. The City revokes the encroachment permit or requires removal of the encroachment for any reason, including construction of public improvements, which requires access to the encroach - 2. The primary structure on the property benefiting tram the encroachment is remodeled or re- constructed at a cost which exceeds fifty percent (50%) of the replacement cost of the existing Structure. In either of the above events, the encroachment shall be removed and any replacement en- croachment shall be subject to receipt of an encroachment permit and shall conform to the equirements of Section 29-38. SECTION 10. This ordinance shall become effective and be in full force and effect from and after thirty (30) days of its final passage and adoption. SECTION 11. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of general circula- tion published and circulated, in the City of Hermosa Beach in the manner provided by law. SECTION 12. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 9th day of July, 1996; by the following vote: AYES: Edgerton, Reviczky, Mayor Oakes NOES: None ABSTAIN: None ABSENT: Benz, Bowler Julie Oakes PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: Elaine Doerflina Michael Jenkins _ - CITY CLERK CITYATTORNEY' ER7-18-96/HBL701 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. 96-1162 U AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ENACTING AND ADOPTING THE CODE OF THE CITY OF HERMOSA BEACH (WHICH CODE CONSISTS OF REGULATORY, PENAL AND CERTAIN ADMINISTRATIVE REGULATIONS AND PROVISIONS OF THE CITY AND PROVIDES FOR PENALTIES FOR VIOLATIONS), AND ADOPTING BY REFERENCE PURSUANT TO GOVERNMENT CODE SECTION 50022.2 LOS ANGELES COUNTY CODE, TITLE 11, (HEALTH AND SAFETY), DIVISION 1, (HEALTH CODE), AND DIVISION 2, (GENERAL HAZARDS); UNIFORM FIRE CODE AND UNIFORM FIRE CODE STANDARDS, 1994 EDITION; UNIFORM BUILDING CODE, 1994 EDITION; UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1994 EDITION; UNIFORM PLUMBING CODE, 1994 EDITION; UNIFORM MECHANICAL CODE, 1994 EDITION; NATIONAL ELECTRICAL CODE, 1993 EDITION; UNIFORM HOUSING CODE, 1994 EDITION; AND UNIFORM FIRE CODE, 1994 EDITION, AS SAID UNIFORM CODES AND SAID TITLES, DIVISIONS AND CHAPTERS OF THE LOS ANGELES COUNTY CODE, AND EACH OF THEM, ARE AMENDED AND IN EFFECT ON SEPTEMBER 10, 1996, SAVE AND EXCEPT SUCH PORTIONS THEREOF AS ARE DELETED, MODIFIED OR AMENDED BY THE PROVISIONS OF THE HERMOSA BEACH MUNICIPAL CODE; PRESCRIBING CERTAIN PENALTIES FOR THE VIOLATION OF THE PROVISIONS THEREOF AND REPEALING CERTAIN ORDINANCES AS SPECIFIED THEREIN, AND DECLARING THE URGENCY THEREOF. THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN, AS FOLLOWS; SECTION 1 Adoption of the Hermosa Beach Municipal Code. That certain document entitled "Code of the City of Hermosa Beach, California", (hereinafter, "the Code"), a copy of which has been filed and is on file in the office of the City Clark for public inspection, together with the secondary Codes therein adopted by reference, is hereby adopted by this reference as the comprehensive ordinance Code for the City of Hermosa Beach pursuant to the provisions of Article 2 of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code of the State of California, and each and all of the provisions, terms, and penalties of said Code on file in the office of the City Clerk are hereby referred to, adopted, incorporated herein and made a part of this ordinance as if fully set forth herein. 1- 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 2. Reveal of Certain Ordinances and Certain Ordinances to Remain in Effect. All ordinances of the City in force upon the effective date of the Code are hereby repealed except as follows: (a) ordinances codified by the Code; and (b) Uncodified ordinances comprising or amending the Zoning Map of the City of Hermosa Beach, which are listed in the Uncodified Ordinance List on file in the Office of the City Clerk; and (c) Uncodified ordinances relating to matters of a special or temporary nature, which ordinances are listed in the Uncodified Ordinance List on file in the Office of the City Clerk; and (d) All ordinances amending the Code adopted subsequent to Ordinance No. 96-1155, comprising Ordinances 96-1156, 96-1157, 96-1158, 96,1159 and 96-1161, which ordinances shall be codified and be incorporated into the Hermosa Beach Municipal Code following its adoption as modifications thereto, the incorporation and codification of said ordinances into said Code being hereby authorized and approved;and (e) Any uncodified ordinance promising or guaranteeing the payment of money or authorizing the issue of bonds, or any evidence of the City's Indebtedness, or any contract or obligation assumed by the City; and (f) Any ordinance granting any franchise, license or other right conferred by the City on any person or corporation, which franchise, license or other right is in effect as of September 10, 1996; and (g) Any uncodified administrative ordinance of the City Council not in conflict with the provisions of the Code; and (h) Any uncodified ordinance relating to the salaries, benefits, and working conditions Of City officers and employees; and (i) Any uncodified ordinance relating to the levy of any tax in effect as of September 10, 1996. -2- 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 SECTION 3. Superseded Ordinances. All ordinances codified by the Code are superseded to the extent they conflict with the Code. SECTION 4. Savings Provisions. The repeal herein of any ordinance of the City of Hermosa Beach shall not affect or impair any act done, or right vested or approved, or any proceeding, suit or prosecution had or commenced in any cause before such repeal shall take effect; !, but every such act done, or right vested or accrued, or proceeding, suit, or prosecution had or commenced shall remain in full force and effect for all intents and purposes as if the applicable provisions of the ordinance, or part thereof, so repealed had remained in force and effect. No offense committed and no liability, penalty, or forfeiture, whether civilly or criminally incurred prior to the time when any such ordinance, or part thereof, shall be repealed or altered by said Code, shall be discharged or affected by such repeal or alteration. Prosecutions and suits for such offenses, liabilities, penalties, or forfeitures shall be instituted and proceeded with in all respects as if such prior ordinance, or part thereof, had not been repealed or altered. SECTION 5. Penalty Provisions. (a) Violations a Misdemeanor. It shall be unlawful for any person to violate any provisions or fail to comply with any of the requirements of the Code. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the Code shall be guilty of a misdemeanor, unless such violation is otherwise in the Code as an infraction. Any person convicted of a misdemeanor under the provisions of the Code shall be punishable by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment in the City or County jail for a period not exceeding six (6) months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the Code is committed, continued, or permitted by such person and shall be punishable accordingly. (b) Public Nuisances. In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of the Code shall be -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 deemed a public nuisance and may be summarily abated as such by the City, and every day such condition continues shall be regarded as a new and separate offense. (c) Infractions. Any violation of the Code deemed to be an infraction shall be punishable by: (1) A fine not exceeding one hundred dollars ($100.00) for a first violation; (2) A fine not exceeding two hundred dollars ($200.00) for a second violation of the same provision of the Code within one (1) year; (3) A fine not exceeding five hundred dollars ($500-00) for each additional violation of the same provision of the Code within one (1) year. Any ordinance passed by the Council after July 1, 1984, which does not specify that its violation constitutes a misdemeanor shall constitute an infraction as provided in this section. (d) Included Offenses. Whenever in the Code any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering, or concealing the fact or such act of omission. SECTION 6. Any person, firm, corporation or association violating any of the provisions of Los Angeles County Code, Title 11. Health and Safety. Division 1, Health Code, and Division 2. General Hazards, as amended and in effect on September 10, 1996, adopted by reference herein or violating any provision of any permit, license or exception granted thereunder or failing to comply with any of the requirements thereof shall be guilty of a misdemeanor and shall be punishable therefor by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the City or County jail for a period of not more than six (6) months, or by both such fine and imprisonment. Each violation is a separate offense for each and every day during any portion of which such violation is committed, continued, or permitted by such person. SECTION 7. Violations. 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 -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 is 28 violation of the Uniform Building code, the National Electrical Code, the Uniform Plumbing Code, the Uniform Mechanical Code or the Uniform Housing Code, as amended and in effect on September 10, 1996, and adopted by reference herein. Any such person, firm or corporation shall be guilty of a misdemeanor and upon conviction thereof shall be punishable as set forth in Title 1, Section 1. 12.010 of the Code of the City of Hermosa Beach, California. SECTION 8. Violations. (a) Every person violating any provision of the Uniform Fire Code as amended and in effect on September 10, 1996, and adopted by reference herein, or of any permit or license granted under that Code, or any rule, regulation or policy promulgated pursuant to that Code, is guilty of a misdemeanor and shall be punishable by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment in the City or County jail for a term not exceeding six (6) months 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. (b) The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. SECTION 9. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional. SECTION 10. Effective Date. This ordinance is declared to be an urgency measure and shall become effective immediately. The facts which constitute such urgency are as follows: -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 0 28 (a) The failure to give immediate effect to the Municipal Code as re -adopted herein will result in confusion, inefficiency, and disorganization among the public and City officers and employees regarding the application and enforcement of City laws and in prosecutions for violations thereof. Further delay in giving effect to the provisions of this Code will have a significant detrimental effect on applicants for City permits and approvals. This ordinance is therefore necessary for the immediate preservation of the public health, safety and welfare, and is passed by at least a four- fifths vote of the City Council. Accordingly, this measure is adopted immediately upon introduction pursuant to Government Code Section 36934 and shall take effect immediately pursuant to Government Code Section 36937(b). SECTION 11. Certification. The City Clerk shall certify to the passage and adoption of this ordinance of said 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 10th day of September, 1996, by the following vote. AYES: Benz, Bowler, Edgerton, Mayor Pro Tempore Reviczky NOES: None ABSTAIN: None ABSENT- Mayor Oakes PRESIDENT �Ythe City Counci(,Od MAYOR of the City of Hermosa Beach, California. ATTEST- f PV �J CITY CLERK [COVED AS TO FORM r` (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. 96-1162-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 8th day of October, 1996. The vote was as follows: AYES: Benz, Bowler, Edgerton, Mayor Pro Tempore Reviczky NOES: None ABSENT- Mayor Oakes ABSTAIN: None DATED: October 10, 1996 , , / �. I Deputy City Clerk 0 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. 96-1162 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ENACTING AND ADOPTING THE CODE OF THE CITY OF HERMOSA BEACH (WHICH CODE CONSISTS OF REGULATORY, PENAL AND CERTAIN ADMINISTRATIVE REGULATIONS AND PROVISIONS OF THE CITY AND PROVIDES FOR PENALTIES FOR VIOLATIONS), AND ADOPTING BY REFERENCE PURSUANT TO GOVERNMENT CODE SECTION 50022.2 LOS ANGELES COUNTY CODE, TITLE 11, (HEALTH AND SAFETY), DIVISION 1, (HEALTH CODE), AND DIVISION 2, (GENERAL HAZARDS); UNIFORM FIRE CODE AND UNIFORM FIRE CODE STANDARDS, 1994 EDITION; UNIFORM BUILDING CODE, 1994 EDITION; UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1994 EDITION; UNIFORM PLUMBING CODE, 1994 EDITION; UNIFORM MECHANICAL CODE, 1994 EDITION; NATIONAL ELECTRICAL CODE, 1993 EDITION; UNIFORM HOUSING CODE, 1994 EDITION; AND UNIFORM FIRE CODE, 1994 EDITION, AS SAID UNIFORM CODES AND SAID TITLES, DIVISIONS AND CHAPTERS OF THE LOS ANGELES COUNTY CODE, AND EACH OF THEM, ARE AMENDED AND IN EFFECT ON SEPTEMBER 10, 1996, SAVE AND EXCEPT SUCH PORTIONS THEREOF AS ARE DELETED, MODIFIED OR AMENDED BY THE PROVISIONS OF THE HERMOSA BEACH MUNICIPAL CODE; PRESCRIBING CERTAIN PENALTIES FOR THE VIOLATION OF THE PROVISIONS THEREOF AND REPEALING CERTAIN ORDINANCES AS SPECIFIED THEREIN. THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN, AS FOLLOWS; SECTION 1 Adoption of the Hermosa Beach Municipal Code. That certain document entitled "Code of the City of Hermosa Beach, California", (hereinafter, "the Code"), a copy of has been filed and is on file in the office of the City Clark for public inspection, together with the secondary Codes therein adopted by reference, is hereby adopted by this reference as the comprehensive ordinance Code for the City of Hermosa Beach pursuant to the provisions of Article 2 of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code of the State of California, and each and all of the provisions, terms, and penalties of said Code on file in the office of the City Clerk are hereby referred to, adopted, incorporated herein and made a part of this ordinance as if fully set forth herein. -1- 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. Repeal of Certain Ordinances and Certain Ordinances to Remain in Effect. All ordinances of the City in force upon the effective date of the Code are hereby repealed except as follows: (a) ordinances codified by the Code; and (b) Uncodified ordinances comprising or amending the Zoning Map of the City of Hermosa Beach, which are listed in the Uncodified Ordinance List on file in the Office of the City Clerk; and (c) Uncodified ordinances relating to matters of a special or temporary nature, which ordinances are listed in the Uncodified Ordinance List on file in the Office of the City Clerk; and (d) All ordinances amending the Code adopted subsequent to Ordinance No. 96-1155, comprising Ordinances 96-1156, 96-1157, 96-1158, 96,1159, 96-1160 and 96- 1161, which ordinances shall be codified and be incorporated into the Hermosa Beach Municipal Code following its adoption as modifications thereto, the incorporation and codification of said ordinances into said Code being hereby authorized and approved; and (e) Any uncodified ordinance promising or guaranteeing the payment of money or authorizing the issue of bonds, or any evidence of the City's Indebtedness, or any contract or obligation assumed by the City; and (f) Any ordinance granting any franchise, license or other right conferred by the City on any person or corporation, which franchise, license or other right is in effect as of September 10, 1996; and (g) Any uncodified administrative ordinance of the City Council not in conflict with the provisions of the Code; and (h) Any uncodified ordinance relating to the salaries, benefits, and working conditions Of City officers and employees; and (i) Any uncodified ordinance relating to the levy of any tax in effect as of September 10, 1996. -2- 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 SECTION 3. Superseded Ordinances. All ordinances codified by the Code are superseded to the extent they conflict with the Code. SECTION 4. Savings Provisions. The repeal herein of any ordinance of the City of Hermosa Beach shall not affect or impair any act done, or right vested or approved, or any proceeding, suit or prosecution had or commenced in any cause before such repeal shall take effect; but every such act done, or right vested or accrued, or proceeding, suit, or prosecution had or commenced shall remain in full force and effect for all intents and purposes as if the applicable provisions of the ordinance, or part thereof, so repealed had remained in force and effect. No offense committed and no liability, penalty, or forfeiture, whether civilly or criminally incurred prior to the time when any such ordinance, or part thereof, shall be repealed or altered by said Code, shall be discharged or affected by such repeal or alteration. Prosecutions and suits for such offenses, liabilities, penalties, or forfeitures shall be instituted and proceeded with in all respects as if such prior ordinance, or part thereof, had not been repealed or altered. SECTION 5. Penalty Provisions. (a) Violations a Misdemeanor. It shall be unlawful for any person to violate any provisions or fail to comply with any of the requirements of the Code. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the Code shall be guilty of a misdemeanor, unless such violation is otherwise in the Code as an infraction. Any person convicted of a misdemeanor under the provisions of the Code shall be punishable by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment in the City or County jail for a period not exceeding six (6) months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the Code is committed, continued, or permitted by such person and shall be punishable accordingly. (b) Public Nuisances. In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of the Code shall be -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 deemed a public nuisance and may be summarily abated as such by the City, and every day such condition continues shall be regarded as a new and separate offense. (c) Infractions. Any violation of the Code deemed to be an infraction shall be punishable by: (1) A fine not exceeding one hundred dollars ($100.00) for a first violation; (2) A fine not exceeding two hundred dollars ($200.00) for a second violation of the same provision of the Code within one (1) year; (3) A fine not exceeding five hundred dollars ($500.00) for each additional violation of the same provision of the Code within one (1) year. Any ordinance passed by the Council after July 1, 1984, which does not specify that its violation constitutes a misdemeanor shall constitute an infraction as provided in this section. (d) Included Offenses. Whenever in the Code any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering, or concealing the fact or such act of omission. SECTION 6. Any person, firm, corporation or association violating any of the provisions of Los Angeles County Code, Title 11, Health and Safety, Division 1, Health Code, and Division 2, General Hazards, as amended and in effect on September 10, 1996, adopted by reference herein or violating any provision of any permit, license or exception granted thereunder or failing to comply with any of the requirements thereof shall be guilty of a misdemeanor and shall be punishable therefor by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the City or County jail for a period of not more than six (6) months, or by both such fine and imprisonment. Each violation is a separate offense for each and every day during any portion of which such violation is committed, continued, or permitted by such person. SECTION 7. Violations. 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 -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 violation of the Uniform Building code, the National Electrical Code, the Uniform Plumbing Code, the Uniform Mechanical Code or the Uniform Housing Code, as amended and in effect on September 10, 1996, and adopted by reference herein. Any such person, firm or corporation shall be guilty of a misdemeanor and upon conviction thereof shall be punishable as set forth in Title 1, Section 1. 12.010 of the Code of the City of Hermosa Beach, California. SECTION 8. Violations. (a) Every person violating any provision of the Uniform Fire Code as amended and in effect on September 10, 1996, and adopted by reference herein, or of any permit or license granted under that Code, or any rule, regulation or policy promulgated pursuant to that Code, is guilty of a misdemeanor and shall be punishable by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment in the City or County jail for a term not exceeding six (6) months 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. (b) The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. SECTION 9. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional. SECTION 10. Effective Date. This ordinance shall become effective and be in full force and operation from and after thirty (30) days after its final passage and adoption. -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 SECTION 11. Publication. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of general circulation published and circulated in the City of Hermosa Beach, in the manner provided by law. SECTION 12. Certification. The City Clerk shall certify to the passage and adoption of this ordinance of said city, and shall make minutes of the proceedings of the City Council at which the same is passed and adopted. vote. PASSED, APPROVED and ADOPTED this 8th day of October, 1996, by the following AYES: Benz, Bowler, Edgerton, Reviczky, Mayor Oakes NOES: None ABSTAIN: None ABSENT- None of the City Council and MAYOR of the City of Hermosa Beach, California. ATTEST - -6- 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. 96-1162 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 October, 1996, and was published in the Easy Reader newspaper on October 17, 1996. The vote was as follows: AYES: Benz, Bowler, Edgerton, Reviczky, Mayor Oakes NOES: None ABSENT- None ABSTAIN: None DATED: October 17, 1996 U Deputy City Clerk • y 1� PROOF OF PUBLICATION (2015.5C.C.P,) • • 0 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 Ange- les, and which newspaper has been adjudged a news- paper 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 news- paper and not in any supplement thereof on the follow- ing dates, to -wit: October 17 all in the year 1996. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, this 17th day of 1996. Signature October 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 ER REF. NO. HBL708 (see attached page) ' 14 CITY OF HERMOSA BEACH •+ ' +� a ORDINANCE NO. 96-1162 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALI- FORNIA, ENACTING AND ADOPTING THE CODE OF THE CITY OF HERMOSA BEACH (WHICH CODE CONSISTS 'OF REGULATORY, PENAL AND CERTAIN ADMINISTRATIVE REGULATIONSAND PRO- VISIONS OF THE CITY AND PROVIDES FOR PENALTIES FOR VIO- LATIONS), AND ADOPTING BY REFERENCE PURSUANT TO GOV- ERNMENT CODE SECTION 50022.2 LOSANGELES COUNTY CODE, TITLE 11, (HEALTH AND -SAFETY), DIVISION 1, (HEALTH CODE), AND DIVISION 2, (GENERAL'HAZARDS); UNIFORM FIRE CODE AND UNIFORM FIRE CODE STANDARDS, 1994 EDITION; UNIFORM BUILDING CODE; 1994 EDITION; UNIFORM CODE FOR THEABATE- MENT OF DANGEROUS BUILDINGS, 1994 EDITION; UNIFORM PLUMBING CODE, 1994 EDITION; UNIFORM MECHANICAL CODE, 1994 EDITION; NATIONAL ELECTRICAL CODE, 1993 EDITION; UNI- FORM HOUSING CODE, 1994 EDITION; AND UNIFORM FIRE CODE, 1994 EDITION, AS SAID UNIFORM CODESAND SAID TITLES, DIVI- SIONS AND CHAPTERS OF THE LOS ANGELES: COUNTY CODE, AND EACH OF THEM, ARE AMENDED AND IN EFFECT ON SEP- TEMBER 10, 1996, SAVE AND EXCEPT SUCH PORTIONSTHEREOF ASARE DELETED, MODIFIED OR AMENDED BY THE PROVISIONS OF THE HERMOSA BEACH MUNICIPAL CODE; PRESCRIBING CER- TAIN PENALTIES FOR THE VIOLATION OF THE PROVISIONS THEREOFAND'REPEALING CERTAIWORDINANCESAS SPECIFIED THEREIN. THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN, AS FOLLOWS; SECTION 1. Adoption of the Hermosa Beach Municipal Code. That certain document entitled "Code of the City of Hermosa Beach, California", (hereinatter,'Yhe Code"); a copy of has been filed and is on file in the office of the City Clark for public inspection, together with the secondary Codes therein adopted by reference, is hereby adopted by this reference as the comprehensive ordinance Code for the City of Hermosa Beach pursuant to the provisions of Article 2 of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code of the State of California, and each and all of the provisions, terms, and penalties of said Code on file in the office of the City Clerk are hereby referred to, adopted, incorporated herein and made a part of this ordinance as if fully set forth herein. SECTION 2. Repeat of Certain Ordinances and Certain Ordinances to Remain in Effect. All ordinances of the City in force upon the effective date of the Code are hereby repealed except as follows: (a) ordinances codified by the Code; and (b) Uncodified ordinances comprising or amending the Zoning Map of the City,of Hermosa Beach, which are listed in the Uncodified Ordinance List on file in the Office of the City Clerk; and (c) Uncodified ordinances. relating to matters of a special or temporary nature, which ordinances are listed in the Uncodified Ordinance List on file in the Office of the City Clerk; and (d) All ordinances amending the Code adopted sub- sequent to Ordinance No. 96-1155,.comprising Ordinances 96-1156, 96-1157, 96-1158, 96,1159, 96-1160 and 96-1161, which ordinances shall be codified and be incorporated; hio the Hermosa Beach Municipal Code following its adoption as modifications thereto, the incorporation and codi- fication of said ordinances into said Code being hereby authorized and approved; and (e) Any uncodified ordinance promising or guaran- teeing the payment of money or authorizing the issue of bonds, or any evidence of the City's In- debtedness, or any contract or obligation as- sumed by the City; and (f) Any ordinance granting any franchise, license or other right conferred by the City on any person or corporation, which franchise, license or other right is in effect as of September 10, 1996; and (g) Any uncodified administrative ordinance of the City Council not in conflict with the provisions of the Code; and (h) Any uncodified ordinance relating to the salaries, benefits, and working conditions Of City officers and employees; and (i) Any unc ted ordinance relating to the levy of any tax t as of September 10, 1996. SECTION 3. Sup Ordinances. All ordinances. codi- fied by the Code are superseo' o the extent they conflict with the Code. SECTION 4. Savings Provisions. The repeat herein of any ordinance of the City of Hermosa Beach shall not affect or impair any act done, or right vested or approved, or any proceeding, suit or pros- ecution had or commenced in any cause before such repeal shall take effect; but every such act done, or right vested or accrued, or proceed- ing, suit, or prosecution had or commenced shall remain in full force and effect for all intents and purposes as if the applicable provisions of the ordinance, or part thereof, so repealed had remained in force and effect. No offense committed and no liability, penalty, or forfeiture, whether civilly or criminally incurred prior to the time when any such ordinance, or part thereof, shall be repealed or altered by said Code, shall be discharged or affected by such repeal or alteration. Prosecu- tions and suits for such offenses, liabilities, penalties, or forfeitures shall be instituted and proceeded with in all respects as if such prior ordi- nance, or part thereof, had not been repealed or altered. SECTION 5. Penalty Provisions. (a) Violations a Misdemeanor. It shall be unlawful for any person to violate any provisions or fail to comply with any of the requirements of the Code. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the Code shall be guilty of a misdemeanor, unless such violation is otherwise in the Code as an infraction. Any person convicted of a misde- meanor under the provisions of the Code shall be punish- able -by a tine of not more than one thousand dollars ($1,000.00), or by imprisonment in the City or County jail for a period not exceeding six (6) months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the Code is committed, continued, or permitted by such person and shall be punishable accordingly. (b) Public Nuisances. In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of the Code shall be deemed a public nuisance and may be summarily abated as such by the City, and every day such condition contin- ues shall be regarded as a new and separate offense. (c) Infractions. Any violation of the Code deemed to be an infraction shall be punishable by: (1) A fine not -exceeding one hundred dollars ($100.00) for a first violation; (2) A fine not exceeding two hundred dollars ($200.00) for a second violation of the same provision of the Code within one (1) year; (3) A fine not exceeding five hundred dollars ($500.00) for each additional violation of the same provision of the Code within one, (1) year. Any ordinance passed by the Council after July 1, 1984, which does not specify that its violation constitutes a misdemeanor shall constitute an infraction as provided in this section. (d) Included Offenses. Whenever in the Code any actor omis- sion is made unlawful, it shall include causing, permitting, aiding, abet- ting, suffering, or concealing the fact or such act of omission. SECTION 6. Any person, firm, corporation or association violating any of the provisions of Los Angeles County Code, Title 11, Health and Safety, Division 1, Health Code, and Division.2, General Hazards, as amended and in effect on September 10, 1996, adopted by reference herein or violating any provision of any permit, license or exception granted thereunder or failing to comply with any of the re- quirements thereof shall be guilty of a misdemeanor and shall be pun- ishable therefor by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the City or County jail for a period of not more than six (6) months, or by both such fine and imprisonment. Each violation is a separate offense for each and every day during any portion of which such violation is committed, continued, or permitted by such person. SECTION 7. Violations. It shall -be unlawful f any per- son, firm or corporation to erect, construct, enlarge, alter, r ove, improve remove, convert or demolish, equip, use, occupy tain any building or'structure or cause or permit the same to be done in violation of the Uniform Building code, the National Electrical Code, the Uniform Plumbing Code, the Uniform Mechanical Code or the Uniform Housing Code, as"amended and in effect on September 10, 1996, and adopted by reference herein. Any such person, firm or corporation shall be guilty of a misdemeanor and upon conviction thereof shall be pun- ishable as set forth in Title 1, Section 1. 12.010 of the Code of the City of Hermosa Beach, California. SECTION 8. Violations. (a) Every person violating any provision of the Uniform Fire Code as amended and in effect on September 10, 1996, and adopted by reference herein, or of any permit or li- cense granted under that Code, or any rule, regulation or policy promulgated pursuant to that Code, is guilty of a misdemeanor and shall be punishable by a fine not ex- ceeding one thousand dollars ($1,000.00) or by imprison- ment in the City or County jail for a term not exceeding six (6) months or by both such fine and imprisonment. The imposition of one penalty for any violation -shall not ex- cuse, the violation or permit it to continue; all such per- sons shall be required to correct or remedy such viola- tions or defects within a reasonable time; and when not otherwise specified, each ten (10). days that prohibited conditions are maintained shall constitute a separate of- fense. (b) The application cf the above penalty shall not be held to prevent the enforced removal of prohibited conditions. SECTION 9. Severability. If any section, subsection, sen- tence, clause, phrase or portion of this.Ordinance is for'any reason held to be invalid or unconstitutionalby the decision of any court of compe- tent jurisdiction, such decision shall not affect the validity of the remain- ing portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, sen- tence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be de- clared invalid or unconstitutional. ,SECTION 10. Effective Date. This ordinance shall become effective and be in full force and operation from and after thirty (30) days after its final passage and adoption. SECTION 11. Publication. 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 newspaper of gen- eral circulation published and circulated in the City of Hermosa Beach, in the manner provided by law. SECTION 12. Certification. The City Clerk shall certify to the passage and adoption of this ordinance of said 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 8th day of October, 1996, by the following vote. AYES: Benz, Bowler, Edgerton, Reviczky, Mayor Oakes NOES: None ABSTAIN: None ABSENT: None PRESIDENT of.the City Council and MAYOR of the City of Hermosa Beach, California. ATTEST: APPROVED AS TO FORM Elaine Doerflino Michael Jenkins CITY CLERK CITYATTORNEY ER10-17-96/HBL708 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. 96-1163 A ORDINANCE OF THE CITY OF HERMOSA BEACH CALIFORNIA, AMENDING THE ZONING ORDINANCE, SECTION 17.04.040, MODIFYING THE DEFINITION AND METHOD FOR DETERMINING BUILDING HEIGHT AND GRADE WHEREAS, the City Council held a public hearing on September 24, 1996 to consider oral and written testimony and made the following Findings: A. Definitions of building height and the grade used to determine the building height were recently amended to provide needed clarification; B. The application and use of the method to determine height under this new definition, however, has shown that it is inflexible and potentially inaccurate when applied to extreme cut and fill conditions where a corner point is on or near a retaining wall separating the lot from adjacent property. C. 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 ordinance will have a significant effect on the environment NOW, THEREFORE, the City Council of the City of Hermosa Beach does hereby recommend that the zoning ordinance text be amended as follows: SECTION 1. Amend Section 17.04.040 to read as follows: "Building Height" means a vertical distance measured from grade, as determined as described herein, to the corresponding uppermost point of the roof, as shown in the examples attached at the end of Chapter 17.04." (examples shown on separate page) "Grade" at any point on a lot is determined based on existing corner point elevations, taking into consideration significant variations relative to adjacent properties. In cases where there is significant variation in elevations between adjacent properties at corner points, the point of measurement shall be established based on the elevation at the nearest public improvement or an alternative point within 3 horizontal feet which, based on supporting evidence, represents existing 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 2s unaltered grade. In the absence of supporting documentation the corner point elevation shall be established at 1/2 the difference between the adjacent elevation and the elevation on the property in question. The determination of grade shall be made by the Community Development Director, based on all available evidence, and any disputes shall be referred to the Planning Commission. For lots with convex contours (where the ground level arches upward along a property line) the "grade" of a lot may be based on a detailed topographical survey along the property line with spot elevations called out at a minimum of two (2) foot intervals." 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 of said 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 22nd day of October, 1996, by the following vote. AYES: Benz, Bowler, Edgerton, Reviczky, Mayor Oakes NOES: None ABSENT- None ABSTAIN: None of t6ity Council and Mayor of the City of Hermosa Beach, California. ATTEST- SJL_� - CITY CLERK -2- FORM CITY ATTORNEY 0 0 KETI RETAINING WALLS - 0 EXHIBIT C PKOPEKTY LINE CORNER POINT I EXAMPLE OF GRADE DIFFERENCE AT PROPERTY LINE FIN. GKAPE e. .. — PKOPEKTY LINE 4ique Yiew ♦ � i I 1114 V G. 6. W. -- N— AA � N1Y ]7'62•M !l.Ot � j ` I�1� u� 11 /NALGESS/rSGE I '� 1 � Iib �G 9 1 i ,,,j� 4 u� �UNn RADE 155UE: Both of these examples illustrate the i55ue of 5i nificant variations between adjacent rade5. —I I 9 J 9 • In the Nota Project the Northwest corner point i5 over ten (10) feet lower than the adjacent grade. Ig1iN A similar Situation exi5to in the Miller Project. lt�+'f OYE TI1O STO,eY eESTAUEANT STPUGTa,CE V Lot. I I{/ IV 4111, Fit u Ile 7 f" /� EppQL1) c U I 112� Y" %i 11 3 / IpIY w� 0 �4A. Adjacent \ GRADE ISSUE ,w i �� 3 P // 14Y p i6 Grade A.V TED ,.^\ ♦ — — OL AKE Illi}' 1 ti lei" �SBc s I fy ca_ .F'Er w.aLG - fin _ r L co vc WALK -- l- I / Nl3.39'20'N 99.92 101. I 1 y 6 Corner Point' • EXH 161T A: NOTA FROJ�-C-T Corner I 7 � Exisfi�� Trap 3/pr/CJ Residence � ,�V� ;� rnS ts� s/rer/, Nrowa< Drc.f Gf% .� A �1 1=xNig1T g• 1u111 1 mR t'1zn.1>✓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. 96-1163 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 August, 1996, and was published in the Easy Reader newspaper on October 17, 1996. The vote was as follows: 0 AYES: Benz, Bowler, Edgerton, Reviczky, Mayor Oakes NOES: None AB SENT - None ABSTAIN: None DATED: October 17, 1996 c�-cwt. 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 Ange- les, and which newspaper has been adjudged a news- paper 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 news- paper and not in any supplement thereof on the follow- ing dates, to -wit: October 17 all in the year 1996. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, this 17th day of October 1996. i 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 ER REF. NO. HBL709 CITY OF HERMOSA BEACH `R a` ORDINANCE.NO. 96.1163 A ORDINANCE OF THE CITY OF HERMOSA BEACH CALIFORNIA, AMENDING THE ZONING ORDINANCE, SECTION 17.04.040, MODIFYING THE DEFINITION AND METHOD FOR DETERMINING BUILDING HEIGHTAND GRADE WHEREAS, the City Council held a public hearing on September 24, 1996 to consider oral and written testimony and made the following Findings: A. Definitions of building height and the grade used to deter- mine the building height were recently amended to provide needed clarification; B. The application and use of the method to determine height under this new definition, however, has shown that it is in- flexible and potentially inaccurate when applied to extreme cut and fill conditions where a comer point is on or near a retaining wall separating the lot from adjacent property. C. 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 possibility that these modifications to the ordinance will have a significant effect on the environment NOW, THEREFORE, the City Council of the City of Hermosa Beach does hereby recommend that the zoning ordinance text be amended as follows: SECTION 1. Amend Section 17.04.040 to read as follows: "Building Heighr' means a vertical distance measured from grade, as determined as described herein, to the corresponding uppermost point of the roof, as shown in the examples attached at the end of Chapter 17.04." (examples shown on separate page) "Grade" at any point on a lot is determined based on existing cor- ner point elevations, taking into consideration significant variations rela- tive to adjacent properties. In cases where there is significant variation in elevations between adjacent properties at corner points, the point of measurement shall be established based on the elevation at the near- est public improvement or an alternative point within 3 horizontal feet which, based on supporting evidence, represents existing unaltered grade. In the absence of supporting documentation the corner point elevation shall be established at 1/2 the difference between the adja- cent elevation and the elevation on the property in question. The determination of grade shall be made by the Community De- velopment Director, based on all available evidence, and any disputes shall be referred to the Planning Commission. For lots with convex contours (where the ground level arches up- ward along a property line) the "grade" of a lot may be based on a detailed topographical survey along the property line with spot eleva- tions called out at a minimum of two (2) foot intervals: 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 circula- tion published and circulated in the City of Hermosa Beach, in the man- ner provided by law. SECTION 4. The City Clerk shall certify to the passage and adop- tion of this ordinance of said city, and shall make minutes of the pro- ceedings of the City Council at which the same is passed and adopted. PASSED APPROVED and ADOPTED this 22nd day of October, 1996, by the following vote. AYES: Benz, Bowler, Edgerton, Reviczky, Mayor Oakes NOES: None ABSENT: None ABSTAIN: None Julie Oakes President of the City Council and Mayor of the City of Hermosa Beach, California. ATTEST: APPROVEDAS TO FORM Elaine Doerflino Michael Jenkins CITY CLERK CITYATTORNEY ER10-17-96/HBL709 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. 96-1164 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE, SECTION 17.46.130(A), TO ALLOW FENCES TO BE A MAXIMUM OF 42 INCHES HIGH IN THE REQUIRED FRONT YARD SETBACK WHEREAS, the City Council held a public hearing on November 14, 1996 to consider oral and written testimony and made the following findings: A. The City's Encroachment Ordinance allows fences to be a maximum of 42 inches in height in encroachment areas; B. Permitting fence height to a maximum of 42 inches in front yard setbacks will provide consistent fence height throughout the City; and C. This Text Amendment is Categorically Exempt pursuant to Section 15305 of the California Environmental Quality Act. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The Zoning Ordinance, Section 17.46.130(A) shall be amended by changing all references to "thirty-six (36) inches" to "forty-two (42) inches." 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. H H 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. 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 26th day of November, 1996 by the following vote: AYES: Benz, Bowler, Edgerton, Reviczky, Mayor Oakes NOES: None ABSTAIN: None AB SENT • None of the City Council and MAYOR of the City of Hermosa Beach, California ATVST- APPROVED AS TO FORM: -2- IN, L 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. 96-1164 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 day of November, 1996, and was published in the Easy Reader newspaper on December 5, 1996. The vote was as follows: • AYES: Benz, Bowler, Edgerton, Reviczky, Mayor Oakes NOES: None ABSENT- None ABSTAIN: None DATED: December 5, 1996 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 Country 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 Ange- les, and which newspaper has been adjudged a news- paper 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 news- paper and not in any supplement thereof on the follow- ing dates, to -wit: December 5 0 all in the year 1996. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, this _ 1996 c: 5th December day of 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 ER REF. NO. HBL713 CITY OF HERMOSA BEACH ORDINANCE NO. 96-1164 AN ORDINANCE OF THE CITY OF o°a HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE, s 1 SECTION 17.46A 30(A), TO ALLOW FENCES TO BE A MAXIMUM OF 42 INCHES HIGH IN THE REQUIRED FRONTYARDSETBACK WHEREAS, the.City Council held a public hearing on November 14, 1996, to consider oral and written testimony and made the follow- ing findings: A. The City's Encroachment Ordinance allows fences to be a maximum of 42 inches in height in encroachment areas; B. Permitting fence height to a maximum of 42 inches in front yard setbacks will provide consistent fence height throughout the City; and C. This Text Amendment is Categorically Exempt pursuant to Section 15305 of the California Environmental Quality Act. NOW, THEREFORE,THE CITYCOUNCIL OFTHE CITY OF HER. MOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The Zoning Ordinance, Section 17.46.130(A) shall be amended by changing all references to 'thirty-six (36) inches" to "forty-two (42) inches." . 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 circula- tion published and circulated in the City of Hermosa Beach, in the man- ner 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 26th day of November. 1996 by the following vote: AYES: Benz, Bowler, Edgerton, Reviczky, Mayor Oakes NOES: None ABSTAIN: None ABSENT: None Julia Oakes PRESIDENT of the CityCouncil and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: Elaine DoerOinn Michael Jenkins City Clerk City Attorney ER12-5-96/HBL713 • C • 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. 96-1165 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REGULATING STORM WATER AND URBAN RUNOFF POLLUTION AND AMENDING TITLE 8 OF THE HERMOSA BEACH MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES ORDAIN AS FOLLOWS: SECTION 1. Title 8 of the Hermosa Beach Municipal Code is hereby amended by amending in its entirety Chapter 8.44 thereof to read as follows: "CHAPTER 8.44 Storm Water and Urban Runoff Pollution Control 8.44.010. Title. This Chapter shall be known as the "City of Hermosa Beach Storm Water Management and Discharge Control Ordinance." 8.44.020. Findings. A. The federal Clean Water Act (33 U.S.C. § 1251, et "se provides for the regulation and reduction of pollutants discharged into the waters of the United States by extending National Pollutant Discharge Elimination System (hereinafter "NPDES") requirements to storm water and urban runoff discharge into municipal storm drain systems. B. Storm water and urban runoff flows from individual properties onto streets, then through storm drains passing through the City. C. 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 -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 `A 28 Angeles," issued by the California Regional Water Quality Control Board- Los Angeles Region," (Order No. 96-054), dated July 15, 1996, which also serves as a NPDES Permit under the Federal Clean Water Act (NPDES No. CAS614001), as well as Waste Discharge Requirements under California law [the "Municipal NPDES Permit"], and, as a co -permittee under the Municipal NPDES Permit, the City is required to adopt ordinances and implement procedures with respect to the entry of Non -Storm Water Discharges into the Municipal Separate Storm Sewer System. D. Part 1, Section I of the Municipal NPDES Permit requires the City effectively to prohibit Non -Storm Water Discharges from within its boundaries, into that portion of the Municipal Separate Storm Sewer System (MS4) which it owns or operates and into watercourses, except where such discharges are: (1) In compliance with a separate individual or general NPDES permit; or (2) Identified and in compliance with Part 2.II.0 (Non -Storm Water Discharges) of the Municipal NPDES Permit; or (3) Discharges originating from federal, state or other facilities which the City is preempted from regulating, and further provides that compliance with the terms of the Municipal NPDES Permit through the development and implementation of the programs described in the Municipal NPDES Permit will constitute compliance with the Discharge Prohibition therein. E. Part 2, Section I.E of the Municipal NPDES Permit requires the City to demonstrate by November 28, 1996 that it possesses the legal authority necessary to control discharges to and from those portions of the MS4 over which it has jurisdiction, so as to comply J with the Municipal NPDES Permit and specifically to prohibit certain discharges identified in the Municipal NPDES Permit. F. The Municipal NPDES Permit contemplates the development of a Countywide Storm Water Management Plan (CSWMP) and then a Watershed Management Area Plan ("WMAP"), in which the City will participate, which will in turn require the development and the implementation of programs for, among other things, the elimination of illicit connections and illicit discharges, development planning, development construction, and public information and education requirements, and which may require the later adoption of additional legal authority to -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 implement such programs as they are developed by the Permittees and approved by the Regional Board. G. 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. 8.44.030. Purpose and Intent. A. The purpose of this Chapter is to ensure the future health, safety and general welfare of the citizens of the City and the water quality of the receiving waters of the County of Los Angeles and surrounding coastal areas by: 1. Reducing pollutants in storm water discharges to the maximum extent practicable; 2. Regulating illicit connections and illicit discharges and thereby reducing the level of contamination of storm water and urban runoff into the MS4; and 3. Regulating Non -Storm Water Discharges to the MS4. B. The intent of this Chapter is to protect and enhance the quality of watercourses, water bodies, and wetlands within the City in a manner consistent with the federal Clean Water Act, the California Porter -Cologne Water Quality Control Act and the Municipal NPDES Permit. 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 MS4 over which it has jurisdiction as required by the Municipal NPDES Permit, and thereby fully and timely comply with the terms of the Municipal NPDES Permit while the CSWMP and the WMAP are being developed by the Permittees under the Municipal NPDES Permit, and in contemplation of the subsequent amendment of this Chapter or adoption by the City of additional provisions of this Chapter to implement the subsequently adopted CSWMP and WMAP, or other programs developed under the Municipal NPDES Permit. H -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 8.44.040. Definitions. Except as specifically provided herein, any term used in this Chapter shall have the same meaning as that term is defined in the Municipal NPDES Permit, or if it is not specifically defined in the Municipal NPDES Permit, then as such term is defined in the federal Clean Water Act, as amended, and/or the regulations promulgated thereunder. The following words and phrases shall have the following meanings when used in this Chapter - "Area susceptible to runoff' means any surface directly exposed to precipitation or in the path of runoff caused by precipitation which path leads off the parcel on which the surface is located. designee. "Authorized enforcement officer" means the City Manager or his or her "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. Examples of BMP's may include public education and outreach, proper planning of development projects, proper clean out of catch basin inlets, and proper sludge or waste handling and disposal, among others. "City" means the City of Hermosa Beach. "Good Housekeeping Practices" means common practices related to the storage, use, or cleanup of materials, performed in a manner that minimizes the discharge of pollutants. Examples include, but are not limited to, purchasing only the quantity of materials to be used at a given time, use of alternative and less environmentally harmful products, cleaning up spills and leaks, and storing materials in a manner that will contain any leaks or spills. "Illicit Connection" means any human -made conveyance that is connected to the storm drain system without a permit, excluding roof -drains and other similar type connections. Examples include channels, pipelines, conduits, inlets, or outlets that are connected directly to the storm drain system. "Illicit Discharge" means any discharge to the storm drain system that is prohibited under local, state or federal statutes, ordinances, codes or regulations. This includes all -4- 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 Non -Storm Water Discharges except discharges pursuant to a separate NPDES permit and discharges that are exempted or conditionally exempted in accordance with Section II of the Municipal NPDES Permit. "Material" means any substance including, but not limited to: garbage and debris; lawn clippings, leaves, and other vegetation; biological and fecal waste; sediment and sludge; oil and grease; gasoline; paints, solvents, cleaners, and any fluid or solid containing chemicals. "Municipal NPDES Permit" means the "Waste Discharge Requirements for Municipal Storm Water and Urban Runoff Discharges Within the County of Los Angeles" (Order No. 96-054), dated July 15, 1996, issued by the California Regional Water Quality Control Board - Los Angeles Region, and any successor permit to that permit. "Municipal Separate Storm Sewer System" or "MS4" means streets, gutters, conduits, natural or artificial drains, channels and watercourses, or other facilities that are owned, operated, maintained or controlled by the City and used for the purpose of collecting, storing, transporting, or disposing of storm water. "Non -Storm Water Discharge" means any discharge to an MS4 that is not composed entirely of storm water. "NPDES permit" means any waste discharge requirements issued by the Regional Board or the State Water Resources Control Board as an NPDES Permit pursuant to Water Code §§ 13370 (other than the Municipal NPDES Permit). "Pollutant" means those "pollutants" defined in Section 502(6) of the federal Clean Water Act (33 U.S.C. § 1362(6)), or incorporated into California Water Code § 13373. Examples of pollutants include, but are not limited to the following: -Commercial and industrial waste (such as fuels, solvents, detergents, plastic pellets, hazardous substances, fertilizers, pesticides, slag, ash, and sludge); -Metals such as cadmium, lead, zinc, copper, silver, nickel, chromium; and non-metals such as phosphorus and arsenic; -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 -Petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants and grease); -Excessive eroded soils, sediment and particulate materials in amounts which may adversely affect the beneficial use of the receiving waters, flora or fauna of the State; -Animal wastes (such as discharge from confinement facilities, kennels, pens, recreational facilities, stables, and show facilities); -Substances having characteristics such as pH less than 6 or greater than 9, or unusual coloration or turbidity, or excessive levels of fecal coliform, or fecal streptococcus, or enterococcus; The term "Pollutant" shall not include uncontaminated storm water, potable water or reclaimed water generated by a lawfully permitted water treatment facility. The term "Pollutant" also shall not include any substance identified in this definition, if through compliance with the Best Management Practices available, the discharge of such substance has been reduced or eliminated to the maximum extent practicable. In an enforcement action, the burden shall be on the person who is the subject of such action to establish the reduction or elimination of the discharge to the maximum extent practicable through compliance with the Best Management Practices available. "Regional Board" means the California Regional Water Quality Control Board -Los Angeles Region. "Storm Water Runoff' means that part of precipitation (rainfall or snowmelt) which travels via flow across a surface to the MS4 or receiving waters from impervious, semi - pervious or pervious surfaces. When all other factors are equal, runoff increases as the perviousness of a surface decreases. "Urban runoff' means surface water flow produced by non -storm water resulting from residential, commercial, and industrial activities involving the use of potable and non -potable water. -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 8.44.050. Construction and Application. This Chapter shall be construed to assure consistency with the requirements of the federal Clean Water Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and the Municipal NPDES Permit, and any amendment, revision or reissuance thereof. 8.44.060. Prohibited Activities. A. Illicit Discharges and Connections. It is prohibited to commence, establish, use, maintain, or continue any Illicit Connections to the MS4 or any Illicit Discharges to the MS4. This prohibition against Illicit Connections applies to the use, maintenance, or continuation of any Illicit Connection, whether that connection was established prior to or after the effective date of this Chapter, B. Littering. It is prohibited to throw, deposit, place, leave, maintain, keep, or permit to be thrown, deposited, placed, left, or maintained or kept, any refuse, rubbish, garbage, or any other discarded or abandoned objects, articles or accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin conduit or drainage structure, business place, or upon any or private plot of land in the City, so that the same might be or become a pollutant. No person shall throw or deposit litter in any fountain, pond, lake, stream, or other body of water within the City. This subsection shall not apply to refuse, rubbish or garbage deposited in containers, bags or other appropriate receptacles which are placed in designated locations for regular solid waste pick up and disposal. the MS4. H H C. Disposal of Landscape Debris. It is prohibited to intentionally dispose of leaves, dirt, or other landscape debris into D. Non -Storm Water Discharges. -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 0 28 The following Non -Storm Water Discharges into the MS4 are prohibited unless in compliance with a separate NPDES permit or pursuant to a discharge exemption by the Regional Board, the Regional Board's Executive Officer, or the State Water Resources Control Board: 1. The discharge of untreated wash waters to the MS4 when gas stations, auto repair garages, or other type of automotive service facilities are cleaned; 2. The discharge of untreated wastewater to the MS4 from mobile auto washing, steam cleaning, mobile carpet cleaning, and other such mobile commercial and industrial operations; 3. To the maximum extent practicable, discharges to the MS4 from areas where repair of machinery and equipment, including motor vehicles, which are visibly leaking oil, fluid or antifreeze, is undertaken; 4. Discharges of untreated runoff to the MS4 from storage areas of materials containing grease, oil, or other hazardous substances, and uncovered receptacles containing hazardous materials; 5. Discharges of commercial/ municipal swimming pool filter backwash to the MS4; 6. Discharges of untreated runoff from the washing of toxic materials from paved or unpaved areas to the MS4; provided, however, that non -industrial and non- commercial activities which incidentally generate urban runoff, such as the hosing of sidewalks, and the non-commercial hand -washing of cars, shall be excluded from this prohibition; 7 To the maximum extent practicable, discharges to the MS4 from washing impervious surfaces in industrial/commercial areas which results in a discharge of untreated runoff to the MS4, unless specifically required by State's, or the City's, or Los Angeles County's health and safety codes, or permitted under a separate NPDES permit; 8. Discharges from the washing out of concrete trucks into the MS4; 9. Discharges to the MS4 of any pesticide, fungicide, or herbicide, banned by the USEPA or the California Department of Pesticide Regulation; or -8- 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 10. The disposal of hazardous wastes into trash containers used for municipal trash disposal where such disposal causes or threatens to cause a direct or indirect discharge to the MS4. E. Discharges in Violation of the Municipal NPDES Permit. Any discharge that would result in or contribute to a violation of the Municipal NPDES Permit, either separately or in combination with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, and such person(s) shall defend, indemnify and hold harmless the City from all losses, liabilities, claims, or causes of actions in any administrative or judicial action relating to such discharge. 8.44.070. Exempted Discharges, Conditionally Exempted Discharges, or Designated Discharges. Discharges from those activities specifically identified in, or pursuant to, Part 2, Section II.0 of the Municipal NPDES Permit as being Exempted Discharges, Conditionally Exempted Discharges, or Designated Discharges shall not be considered a violation of this Chapter, provided that any applicable BMP's developed pursuant to the Municipal NPDES Permit are implemented to minimize any adverse impacts from such identified sources. 8.44.080. Good Housekeeping Provisions. Owners and occupants of property within the City shall comply with the following requirements: A. Septic Waste. No person shall leave, deposit, discharge, dump, or otherwise expose any chemical or septic waste to precipitation in an area where a discharge to City streets or the MS4 may or does occur. H B. Use of Water. -9- 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 Runoff of water used for irrigation purposes shall be minimized to the maximum extent practicable. Runoff of water from the permitted washing down of paved areas shall be minimized to the maximum extent practicable. C. Storage of Materials, Machinery, and Equipment. Machinery or equipment that is to be repaired or maintained in areas susceptible to or exposed to storm water, shall be placed in a manner so that leaks, spills and other maintenance - related pollutants are not discharged to the MS4. Parking Lots. D. Removal and Disposal of Debris from Industrial/Commercial Motor Vehicle Industrial/commercial motor vehicle parking lots with more than twenty-five (25) parking spaces that are located in areas potentially exposed to storm water shall be swept regularly or other equally effective measures shall be utilized to remove debris from such parking lots. E. Food Wastes. Food wastes generated by non-residential food service and food distribution sources shall be properly disposed of and in a manner so such wastes are not discharged to the MS4. F. Best Management Practices. Best Management Practices shall be used in areas exposed to storm water for the removal and lawful disposal of all fuels, chemicals, fuel and chemical wastes, animal wastes, garbage, batteries, or other materials which have potential adverse impacts on water quality. 8.44.090. Requirements for IndustriaUCommercial and Construction Activities. 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 .1a 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 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. 8.44.100. Inspection authority. A. Authority to Inspect. The City's Director of Public Works, building officials, and representatives thereof, are authorized and directed to enforce all provisions of this Section. B. Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this Chapter, or whenever an authorized enforcement officer has reasonable cause to believe that there exists in any building or upon any premises any condition which constitutes a violation of the provision of this Chapter, the officer may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the officer by this Chapter; provided, that: (i) if such building or premises be occupied, he or she shall first present proper credentials and request entry; and (ii) if such building or premises be unoccupied, he or she shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. Any such request for entry shall state that the property owner or occupant has the right to refuse entry and that in the event such entry is refused, inspection may be made only upon issuance of an inspection warrant. In the event the owner and/or occupant refuses entry after such request has been made, the officer is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry. 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 nonstormwater runoff. During the inspections as provided herein, the authorized enforcement officer may take any samples deemed necessary. D. Requirement of Sample or Monitor. Any authorized enforcement officer', may order that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to stormwater pollution or contamination, illicit discharges, and/or 11- 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 discharge of nonstormwater to the stormwater system, undertake such monitoring activities and/or analyses and furnish such reports as the officer may specify. All costs incurred for such activity shall be borne by the party ordered to do the sampling. In the event the owner or operator of a facility subject to a monitoring and/or analyses order fails to conduct required monitoring and/or analyses and furnish the required reports in the form required, the authorized enforcement officer may cause such monitoring and/or analyses and the cost, therefore, including the reasonable additional administrative costs incurred by the City shall be borne by the owner of the property and the cost thereof shall be invoiced to the owner of the property. If the invoice is not paid within sixty (60) days of the issuance thereof, the costs shall be a lien upon and against the property and continue in existence until the same shall be paid. If the lien is not satisfied by the owner of the property within three months after the completion by an authorized enforcement officer of the required monitoring and/or analyses and reports, the property may be sold in satisfaction thereof in a like manner as other real property is sold under execution. E. Facility Inspections. Every restaurant, gas station, automobile repair facility, nursery, lumber yard, car wash, warehouse, grocery store, repair shop, dry cleaning facility, and launderette for which a license or permit has been issued by the City shall be periodically inspected by a representative of the director of public works. Inspections shall be conducted no less than once every year and as often as necessary to insure compliance with this Chapter as the director of public works deems appropriate. 8.44.110. Enforcement. A. Enforcement Procedure. 1. For the first failure to comply with any provision contained in this Chapter, the Director of Public Works shall issue to the violator a written notice which includes the following information: (i) a description of the violation being committed; (ii) a specified time within which the violation must be corrected or within which the violator may file a written response to the Director disputing the existence of a violation; and (iii) a description of the penalties which may be imposed for continued noncompliance. 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 2. If the violator demonstrates that the violation does not exist, or has been corrected, no further action need be taken. If, however, the violation exists and is not corrected within the prescribed time, the Director of Public Works may thereafter pursue any of the enforcement remedies described below in this Section. B. Violation an Infraction. Violation of this Chapter shall be punishable as an infraction, punishable as set forth in Section 1.12.010(B) of this Code. Each day that a violation continues shall constitute a separate offense. C. Violations Deemed a Public Nuisance. 1. Any condition caused or permitted to exist in violation of any of the provisions of this Chapter is hereby determined to be a threat to the public health, safety and welfare, is declared and deemed a public nuisance and may be abated or restored by any authorized enforcement officer, and a civil or criminal action to abate, enjoin or otherwise compel the cessation of such nuisance may be brought by the City Attorney. 2. The cost of such abatement and restoration shall be borne by the owner of the property and the cost thereof shall be invoiced to the owner of the property, as provided by law or ordinance for the recovery of nuisance abatement costs. 3. If any violation of this Chapter constitutes a seasonal and recurrent nuisance, the City Manager shall so declare. The failure of any person to take appropriate annual precautions to prevent storm water pollution after written notice of a determination under this paragraph shall constitute a public nuisance and a violation of this Chapter, D. Concealment. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this Chapter shall constitute a violation of such provision. E. Civil Actions. In addition to any other remedies provided in this section, any violation of this Chapter may be enforced by civil action brought by the City. In any such action, the City may seek, as appropriate, any or all of the following remedies: -13- • 1 2 3 4 s 6 7 8 9 10 11 12 13 • 14 1s 16 17 18 19 20 21 22 23 24 2s 26 27 i 28 1. A temporary and/or permanent injunction. 2. Assessment of the violator for the costs of any investigation, inspection, or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection. 3. Costs incurred in removing, correcting, or terminating the adverse effects resulting from violation. 4. Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life. F. Administrative Enforcement Powers. In addition to the other enforcement powers and remedies established by this Chapter, the authorized enforcement officer has the authority to utilize the following administrative remedies: 1. Cease and Desist Orders. When an authorized enforcement officer finds that a discharge has taken place or is likely to take place in violation of this Chapter, the officer may issue an order to cease and desist such discharge, or practice, or operation likely to cause such discharge and direct that those persons not complying shall: (i) comply with the requirement, (ii) comply with a time schedule for compliance, and (iii) take appropriate remedial or preventive action to prevent the violation from recurring. 2. Notice to Clean. Whenever an authorized enforcement officer finds any oil, earth, debris, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind, in or upon the sidewalk abutting or adjoining any parcel of land, or upon any parcel of land or grounds, which may result in pollutants entering the MS4 or a non -storm water discharge to the MS4, he or she may give notice to the owner or occupant of the adjacent property to remove such oil, earth, debris, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or other material, in any manner that he or she may reasonably provide. The recipient of such notice shall undertake the activities as described in the notice. G. Permit Revocation. -14- F-M 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 To the extent the City makes a provision of this Chapter or any identified BMP a condition of approval to the issuance of a permit or license, any person in violation of such condition is subject to the permit revocation procedures set forth in this Code. H. Remedies. Remedies specified in this Chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal, including remedies under the Federal Clean Water Act and/or Porter -Cologne Act. The remedies provided for in this Section shall be cumulative and not exclusive. I. Citizen Reporting. Members of the public are encouraged to report possible violations of this Chapter to the City's Public Works Department. 8.44.120. No Taking. The provisions of this Chapter shall not be construed or operate to deprive any property owner of substantially all of the market value of such owner's property or otherwise constitute an unconstitutional taking without compensation." SECTION 2. Severability. 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 3. Ordinance No. 94-1113 is hereby repealed. 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 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. 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, 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 November, 1996 by the following vote: AYES: Benz, Bowler, Edgerton, Reviczky, Mayor Oakes NOES: None ABSTAIN: None AB SENT - and MAYOR of the City of Hermosa Beach, California -16- Attorney 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. 96-1165 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 day of November, 1996, and a summary of said ordinance was published in the Easy Reader newspaper on December 5, 1996. The vote was as follows: • AYES: Benz, Bowler, Edgerton, Reviczky, Mayor Oakes NOES: None ABSENT- None ABSTAIN: None DATED: December 5, 1996 City C irk 40 n U 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 Ange- les, and which newspaper has been adjudged a news- paper 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 news- paper and not in any supplement thereof on the follow- ing dates, to -wit: December 5 • all in the year 1996. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, this 5th da of December. Y 1996. (:�/ a,,, Signature EASY READER, INC. P.O. BOX 427 832 HERMOSAAVENUE, HERMOSA BEACH, CA 90254 Telephone: (310) 372-4611 0 Proof of Publication of: CITY OF HERMOSA BEACH ER REF. NO. HBL714 CITY OF HERMOSA BEACH SUMMARY OF ORDINANCE NO. 96-1165 Prepared by City Attorney Michael Jenkins, November 22, 1996 REGULATING STORM WA- TERAND URBAN RUNOFF POL- LUTION Ordinance No. 96-1165 serves to implement the Countywide Na- tional Pollution Discharge Elimina- tion System Permit, as required by State and Federal law, by amend- ing the City's existing ordinance which regulates discharges to the municipal separate storm sewer system (Ordinance No. 94-1113). The new Ordinance sets forth the City's authority to prohibit certain described practices and activities which contribute pollutants to the ocean through the storm drain sys- tem. Examples of such practices include illegal connections and dis- charges of pollutants into the storm drain system. The Ordinance re- quires property owners, particularly those involved in commercial and industrial activities, to adhere to certain "good housekeeping prac- tices" to reduce the risk of pollut- ants spilling or leaking onto City streets and into municipal storm drains -The Ordinance provides the City with an array of enforcement tools to stop illegal practices that have the effect of placing pollutants into storm drains. Ordinance No. 96-1165 was adopted on November 26,1996, by the following vote: Ayes: Benz, Bowler, Edgerton, Reviczky, Mayor Oakes Noes: None Absent: None Abstain: None ER12-5-96/HBL714 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. 96-1166 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 15.20 OF TITLE 15 OF THE HERMOSA BEACH MUNICIPAL CODE, TITLED "UNIFORM FIRE CODE," BY ADDING THERETO A PROVISION PROHIBITING THE USE OF FIREWORKS WITHIN THE CITY, WITH THE EXCEPTION OF CITY -APPROVED FIREWORK DISPLAYS WHEREAS, the City Council of the City of Hermosa Beach is concerned with the public safety; and WHEREAS, each year fireworks are responsible for death, serious injury, and property loss; and WHEREAS, said City Council desires to reduce the risk of injury or property loss to the citizens of Hermosa Beach. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 15.20 of Title 15 of the Hermosa Beach Municipal Code, titled the "Uniform Fire Code," shall be amended by adding thereto a new section 15.20.105, entitled "Fireworks Prohibited," to read as follows: "Sec. 15.20.105 Fireworks Prohibited. The possession, use, and discharge of fireworks, as defined in the Uniform Fire Code, is prohibited within the City limits, with the exception of firework displays which are approved by both the Fire Department and 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 -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 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 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 November, 1996 by the following vote: AYES: Bowler, Edgerton, Reviczky, Mayor Oakes NOES: Benz ABSTAIN: None AB SENT - None and MAYOR of the City of Hermosa Beach, California -2- KOVED AS TO FORM: 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. 96-1166 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 day of November, 1996, and was published in the Easy Reader newspaper on December 5, 1996. The vote was as follows: • AYES: Bowler, Edgerton, Reviczky, Mayor Oakes NOES: Benz ABSENT- None ABSTAIN: None DATED: December 5, 1996 11 11 1111,1111111;1111111111 mm-' . • • • 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 Ange- les, and which newspaper has been adjudged a news- paper 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 news- paper and not in any supplement thereof on the follow- ing dates, to -wit: December 5 0 all in the year 1996. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, this _ 1996. 0 5th day of December. i �f Signature EASY READER, INC. P.O. BOX 427 832 HERMOSAAVENUE, HERMOSA BEACH, CA 90254 Telephone: (310) 372-4611 t,e�j`�P Proof of Publication of: CITY OF HERMOSA BEACH ER REF. NO. HBL 715 WHEREAS, the City Council of the City of Hermosa Beach is concerned with the public safety; and WHEREAS, each year fireworks are responsible for death, se- rious injury, and property loss; and WHEREAS, said City Council desires to reduce the risk of in jury or property loss to the citizens of Hermosa Beach. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 15.20 of Title 15 of the Hermosa Beach Municipal Code, titled the "Uniform Fire Code," shall be amended by adding thereto a new section 15.20.105, entitled "Fireworks Prohib- ited," to read as follows: "Sec. 15.20.105 Fireworks Prohibited. The possession, use, and discharge of fireworks, as de- fined in the Uniform Fire Code, is prohibited within the City limits, with the exception of firework displays which are approved by both the Fire Department and 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 circula- tion published and circulated in the City of Hermosa Beach, in the man ner 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 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 November, 1996 by the following vote: AYES: Bowler, Edgerton, Reviczky, Mayor Oakes NOES: Benz ABSTAIN: None ABSENT: None JULIA OAKES PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: Elaine Doerflino Michael Jenkins City Clerk City Attorney ER12-5-96/HBL715 CITY OF HERMOSA BEACH ORDINANCE NO. 96-1166. AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER li 15.20 OF TITLE 15 OF THE HERMOSA BEACH MUNICIPAL CODE, TITLED "UNIFORM FIRE CODE," BY ADDING THERETO A PROVISION PROHIBITING THE USE OF FIREWORKS WITHIN THE CITY, WITH THE EXCEPTION OF CRY -APPROVED FIREWORK DISPLAYS WHEREAS, the City Council of the City of Hermosa Beach is concerned with the public safety; and WHEREAS, each year fireworks are responsible for death, se- rious injury, and property loss; and WHEREAS, said City Council desires to reduce the risk of in jury or property loss to the citizens of Hermosa Beach. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 15.20 of Title 15 of the Hermosa Beach Municipal Code, titled the "Uniform Fire Code," shall be amended by adding thereto a new section 15.20.105, entitled "Fireworks Prohib- ited," to read as follows: "Sec. 15.20.105 Fireworks Prohibited. The possession, use, and discharge of fireworks, as de- fined in the Uniform Fire Code, is prohibited within the City limits, with the exception of firework displays which are approved by both the Fire Department and 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 circula- tion published and circulated in the City of Hermosa Beach, in the man ner 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 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 November, 1996 by the following vote: AYES: Bowler, Edgerton, Reviczky, Mayor Oakes NOES: Benz ABSTAIN: None ABSENT: None JULIA OAKES PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: Elaine Doerflino Michael Jenkins City Clerk City Attorney ER12-5-96/HBL715 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 ORDINANCE NO. 96-1167 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE HERMOSA BEACH MUNICIPAL CODE BY ESTABLISHING LOCAL CABLE CONSUMER PROTECTION STANDARDS. WHEREAS, the City Council of the City of Hermosa Beach has heretofore adopted rules and regulations governing the award of franchises and the operation of Community Antenna Television Systems within the City of Hermosa Beach, and WHEREAS, the State Legislature, by Chapter 262, has added Article 3.5 to the Government Code of the State of California commencing with Section 53054 entitled "Cable Television and Video Provider Customer Service Information Act" which was effective January 1, 1993; and WHEREAS, the State Legislature, by Chapter 1198, has amended the Government Code of the State of California to add Article 4.5 entitled 'The Video Customer Service Act," commencing with Section 53088; and WHEREAS, the Video Customer Service Act became effective on September 1, 1993; and WHEREAS, it is the intention of the City Council by this ordinance to reaffirm and update the terms and provisions of consumer protection. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Chapter 5.17 of the Hermosa Beach Municipal Code pertaining to Cable Television Consumer Protection Standards is hereby created by adding standards to read as follows: "CABLE TELEVISION CONSUMER PROTECTION STANDARDS" Sec. 5.17.010. TITLE. This Article shall be known as and may be referred to as the City of Hermosa Beach CATV Consumer Protection ordinance. 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 Sec. 5.17.020. INTENTION. It is the intention of the City Council, by this section, to enact a consumer protection ordinance applicable to CATV systems within the City of Hermosa Beach. To the extent any of the provisions of this section are inconsistent with any Ordinances, Resolutions or Agreements, sometimes hereinafter called the "Franchise Documents," the terms and provisions of this section shall apply. The terms and provisions of the Video Customer Service and Information Act (Government Code 53054, et seq.) which are inconsistent with the terms and provisions of this section shall apply, but, otherwise, where the terms and provisions of this section are consistent with the Video Customer Service Act, but provide additional protection, the terms and provisions of this section shall apply. Sec. 5.17.030. CABLE TELEVISION AND VIDEO PROVIDER CUSTOMER SERVICE AND INFORMATION ACT. No person shall violate the terms and provisions of the Cable Television and Video Provider Customer Service And Information Act, Government Code 53054, et seq. All CATV Franchisees within the City shall comply with all of the terms and provisions of said Act. In the event of the failure of any Franchisee to distribute the Annual Notice required by Section 53055.1 of the Government Code, the City Manager shall give written notice thereof to said Franchisee to comply within sixty (60) days, and upon failure of said Franchisee to so comply, a penalty in the sum of $500 for each year in which the notice is not distributed shall be imposed by the Director of Finance. The penalties shall be due and owing immediately upon notice of its disposition. Non-payment of the penalty shall be grounds for termination of said franchise. The Annual Notice as used herein, and as required by said Act, shall be given at least sixty (60) days after the effective date of the Ordinance enacting this Section and, thereafter, on or about the first day of January of each year, The Notice given to the City of Hermosa Beach shall be delivered to the City Administrator and shall include a verbatim copy of the customer service standards established by each Franchisee within the City. Sec. 5.17.040. VIDEO CUSTOMER SERVICE ACT. No person shall violate the terms and provisions of the Video Customer Service Act, Government Code 53088, et seq. In the event any resident of the City of Hermosa Beach or business located therein, including the City of Hermosa Beach, should claim that a Franchisee, is not complying with the terms and provisions -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 of said Act, or any resident of the City of Hermosa Beach, or business located therein, should have a dispute with said Franchisee under the provisions of said Act, written notice thereof may be filed with the City Clerk. A. Any resident of the City of Hermosa Beach, or business located therein having a dispute with a Franchisee or having a complaint that the Franchisee is not complying with the terms and provisions of said Act shall produce the complaint or dispute in writing before the City Clerk is required to act thereon. Upon receipt of said written notice, the City Clerk shall, within ten (10) days, make a tentative determination of whether the matter set forth in the notice is within the terms and provisions of said Act. B. If the City Clerk should determine that the matter set forth in said notice is not within the terms and provisions of said Act within said ten (10) days, said City Clerk shall return the written notice to the person providing the same with a written explanation of why the same is not covered under said Act. C. If the City Clerk determines that the notice appears to be under the terms and provisions of said Act, he or she shall give the Franchisee written notice of any alleged material breaches of the consumer service standards of said Act and allow the Franchisee at least thirty (30) days from receipt of the notice to remedy the specified breach. D. It in the opinion of the City Manager, or his duly authorized representative, said breach is material and not remedied within said thirty (30) days, said City Manager or representative shall give the Franchisee a ten-day prior written notice of the penalties assessed for said breach as provided in Section 53088.2 (o) of the Government Code of the State of California. E. Pursuant to said Section 53088.2(o) and (p) of the Government Code, the City Manager, or his authorized representative, is hereby authorized to impose the penalties therein set forth on or after September 1, 1993. The penalties shall not exceed the amounts therein set forth and shall be assessed in accordance with the terms and provisions of Section 53088.2. In the event any Franchisee should fad to pay said penalty when on written notice to the Franchisee, the same may be grounds for the revocation of said franchise. However, any -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 monetary penalty assessed under the provisions of this section, shall be reduced dollar for dollar to the extent any liquidated damages or penalty provision of the Franchise Documents imposes a monetary obligation upon the Franchisee for customer service failures, and no other monetary damages may be imposed in such a case. F. Any resident of the City of Hermosa Beach, or business located therein directly affected by any ruling or determination of the City Clerk or the City Manager or his representative may, by written notice filed within ten (10) days of receipt of written notice of the decision complained of, appeal said decision to the City Council. The City Clerk shall thereafter schedule a public hearing on said appeal before the City Council within sixty (60) days of the receipt of said appeal. Sec. 5.17.050. CATV CONSUMER PROTECTION. In addition to the provisions of any Franchise Documents pertaining to consumer protection the following consumer protection standards are adopted and, where inconsistent with the Franchise Documents, shall govern: A. For the purpose of this Section the following definitions shall apply: 1. "Company" shall mean the CATV Franchisee of the City of Hermosa Beach. 2. "Customer Service Representative" shall mean the representative of said company that is designated and trained to assist cable television customers with all matters pertaining to the provision of service. 3. "Consumer or Customer" shall mean that person or business to whom company provides CATV services within the City of Hermosa Beach by authorized rental sale or subscription. 4. "Normal Business Hours" shall mean those hours during which most similar businesses in the community are open to serve customers. In all cases, "normal business hours" must include some evening hours at least one night per week and/or some weekend hours. -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 5. "Normal Operating Conditions' shall mean those service conditions which are within the control of the cable operator. Those conditions which are not in control of the cable operator include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of the cable operator include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of cable system. 6. "Service Interruption" or "Outage" shall mean the loss of picture or sound on one or more cable channels. 7, "Systems" shall mean the CATV Franchisee of the City of Hermosa Beach. B. Each Franchisee of the City of Hermosa Beach shall comply with the following consumer standards: 1. Require that a Customer Service Representative will be available to respond to customer's or PEG channel programmer's telephone inquiries Monday through Friday from 8:00 am. to 6:30 p.m. and on Saturday from 9:00 a.m. to 1:00 p.m. Holidays are excluded. The cable company's customer service center shall be open during normal business hours. The cable company shall provide telephone' availability to its subscribers twenty-four (24) hours a day, seven days a week. After normal business hours an answering service or an automated response system must be provided. Inquiries received after normal business hours must be responded to by a trained company representative on the next business day. 2. Under normal operating conditions, telephone answering time by a customer service representative, including wait time and the time required to transfer the call, shall not exceed 30 seconds. The number of routine rings shall be limited to four or fewer, Under normal conditions customer callers shall receive a busy signal less than 3% of the time. This standard shall be met no less than ninety percent (90%) of the -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 time measured on a quarterly basis and in accordance to a methodology proposed by cable company and approved by City. City shall have an absolute right, upon three (3) days written notice, to inspect any and all telephone response and monitoring information as necessary for City to assure that the cable company is meeting its requirements. 3. Under normal operating conditions, each of the following standards will be met no less than ninety percent (90%) of the time measured on an quarterly basis in accordance to methodology proposed by cable company and approved by City: (a) Standard installations will be performed within seven (7) business days after an order has been placed, excepting subscriber request(s) otherwise. "Standard" installations are up to 125 feet from the existing distribution system. (b) Excluding those situations reasonably beyond the control of the cable operator (which include natural disasters, civil disturbances, power outages, telephone network outages and sever or unusual weather conditions), the cable operator will respond to service interruptions, defined as three or more signal outages effecting more than one channel in franchise area, promptly and in no event later than 4 hours. The franchisee shall be deemed to respond to an outage when its representative arrives at the outage location, if necessary, and begins to resolve the problem. other service problems will be responded to by the close of business on the next working day of the cable operator, (c) The in-home appointment window alternatives for installations and service calls shall not be longer than four (4) hours in compliance with California Civil Code Section 1722. The customer may choose the appointment window most convenient for them. (d) If at any time an installer or technician is running late and will not arrive within the prescribed window, an attempt to contact the customer will be -6- 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 made and the appointment rescheduled as necessary at a time which is convenient for the customer. 4. Cable company billing statements shall be clear, concise and understandable. Bills will be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates and credits. Cable company shall consult with City on any changes to company's statement and will consider City suggestions for modifications. 5. No customer shall have their service disconnected unless there has been compliance with the provisions of Government Code 53088, et seq. 6. In ninety percent (90%) of cases, refund checks will be issued within thirty (30) days; but, in no event, later than forty-five (45) days following the resolution of the request and the return of the equipment supplied by the cable company if service is terminated. 7 Cable company will cooperate with City's annual customer service and local) programming survey. 8. Customers will be notified a minimum of thirty (30) days in advance of any rate or channel realignment change, any changes in products and services offered, billing and complaint procedures and service maintenance policies, as provided in Government Code 53088.2(h). 9. Cable company shall provide City with a quarterly report on the number of service interruptions longer than thirty (30) minutes (on subscriber and institutional networks); service requests, complaints and service calls; their breakdown and resolution and comparison on a year-to-date and previous quarter/last-year basis. The report shall be in a format proposed by cable company and approved by the city. 10. Customers and local PEG channel programmers shall be afforded access to company's management structure including the System Customer Service Manager -7- 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 and System General Manager. System management staff will respond in good faith to PEG channel programmers and customer verbal complaints or inquiries within one (1) working day of the initial request. System management staff will respond in writing to PEG channel programmers and customer written complaints or inquiries within five (5) working days of the initial request. Customers will, at least annually, be informed of this option via written notice. 11. Cable company shall file all general customer communications with the City. Company's filing with City shall at least be concurrent with its initial distribution to customers. General customer communications include, but are not limited to, marketing materials, notice of any changes in rates, programming services or channel positions and annual notification information required under state law. 12. Cable company will prepare and submit to the City a policy with respect to procedures for access to subscriber's property. 13. If the cable company personnel does not arrive for installation or service calls within a designated four-hour time frame agreed to by the consumer, the consumer may request and is entitled to one month's worth credit of the subscriber's basic service tier bill. If the cable company fails to provide such credit, and the request was made in writing by the consumer within forty-five (45) days of the missed appointment, the City may direct the cable company to issue the credit. The Acceptance of the above service credit shall not prohibit the consumer from seeking additional remedies pursuant to applicable state law. 14. If the cable company does not mail a check for a refund (including applicable interest) to any consumer disconnecting service with an outstanding credit within the next billing cycle or thirty days, whichever is earlier, the consumer may request and is entitled to receive a $10.00 payment. in addition to the initial refund (and applicable interest) due, if the cable company fails to provide the $10.00 payment and the request was made by the consumer within forty-five (45) days after failure -8- 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 receive the refund, the City may direct the cable company to provide the $10.00 payment as well as any outstanding refund (and applicable interest) due. 15. If the cable company cannot perform standard installations, defined as those located up to 125 feet from the existing distribution system, within seven (7) calendar days of request by a consumer, the consumer may request and is entitled to receive a $10.00 credit. If the cable company fails to provide the $10.00 credit and the request was made by the consumer in writing within forty-five (45) days of the installation request, the City may direct the cable company to issue the credit. 16. The cable company shall provide an automatic credit to all consumers where there is an outage of all channels for a period of twenty-four (24) consecutive hours or more which affects the entire Franchise area, regardless of the cause of the outage. The credit for such an outage shall equal, at a minimum, the value of one thirtieth of each customer's monthly bill for the first 24 -consecutive -hour period and prorated for each additional four-hour period or portion thereof that the outage continues. The cable company shall provide an automatic credit to all affected consumers when there is an outage of any premium service for a period of twenty-five (25) consecutive hours or more which affects the entire Franchise area, regardless of the cause of the outage. The credit shall equal, at a minimum the value of one -thirtieth of each consumer's monthly premium service bill for the first 24 -consecutive -hour period and prorated for each additional four-hour period or portion thereof that the outage continues. 17 Upon request of the cable consumer, the cable company shall provide a credit to a consumer whenever an outage or outages of four or more hours in a twenty-four hour period has occurred on any of the channels received by a consumer as part of their cable television service. The credit shall be prorated for the outages of four hours or greater duration occurring in a 24-hour period. In the event that a premium channel is affected by the outage, the credit shall be prorated based on -9- 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 consumer's monthly premium rate for each outage of four hours or greater duration occurring in a 24-hour period. 18. Consumers will be given at least thirty (30) days notice of any scrambling or de - scrambling of a channel(s), or rate changes that are within the company's control. 19 The cable company shall offer consumers the option to receive an AB switch at the time of initial cable service installation and shall provide consumers with written information as to how to use such a switch. The cable company may charge a reasonable price for said switch. Upon consumer request, the cable company shall provide an AB switch after the initial installation of cable service. If the consumer requests installation of such a switch (to receive broadcast television without cable hookup), the cable company may charge reasonable fees for such installation and equipment. 20. If in the opinion of the City Manager, there has been a material violation of the terms and provisions of this Section which has not been remedied despite notices to do so or the assessment of fees and fines, a written notice may be given to the Franchisee setting forth in detail the nature of the violation and proceedings commenced as of the violation and proceedings commenced as provided in the Franchise Agreement Documents for the revocation of said Franchise." SECTION 2. 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 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, and shall make minutes of the 10- 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 10th day of December, 1996, by the following vote: Ayes: Bowler, Edgerton, Reviczky, Mayor Oakes Noes: Benz Absent: None Abstain: None m President of t , e City\Qit and Mayor of the City of the City of Hermosa Beach ATTES APPROVED AS TOYORM: City Clerk -11- 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. 96-1167 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 day of December, 1996, and was published in the Easy Reader newspaper on December 19, 1996. The vote was as follows: 0 AYES: Bowler, Edgerton, Reviczky, Mayor Oakes NOES: Benz AB SENT - None ABSTAIN: None DATED: December 19, 1996 Deputy City Clerk 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. 96-1168-U AN ORDINANCE OF THE CITY OF HERMOSA BEACH ESTABLISHING A MORATORIUM ON THE DEMOLITION OR MODIFICATION OF HISTORIC AND ARCHITECTURAL RESOURCES 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 demolition or modification (interior or exterior) of potential historic or architecturally significant resources within the City. 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 demolition or modification (interior or exterior) of any potential historic or architecturally significant resource 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 this Ordinance, a "potential historic or architecturally significant resource" shall mean any of those structures listed on Exhibit A, attached hereto and incorporated herein by this reference thereto. The structures included on the list are defined as potential resources because their age, distinguishing architectural style or characteristics, role in the history or cultural development of Hermosa Beach, the importance of the architect or designer who designed the structure or because of the existence of other similar characteristics relating to elements of the cultural, social, architectural or political history of the City. -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 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) Permits required to be issued as a result of any legally binding development agreement pertaining to any property in the City; (b) Permits issued and required to be issued pursuant to any vesting tentative maps determined by the City to be binding and applicable to the City. (c) 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. (d) 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. (e) Emergency repair or replacement of a structure existing on or before December 17, 1996, and damaged by fire, flood, or other natural causes. (f) Continue use of the structure for the purposes for which it is being used as of the date of adoption of this Ordinance. 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 listed on Exhibit A may apply to the City Council to remove the structure from the list on the grounds that the structure has no historic or architectural significance and was included in error, that the structure is structurally unsound and must be demolished or altered to protect the public health, safety or welfare, or that the structure cannot be used for any economic purpose whatsoever absent alteration or demolition. 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 remove the structure from the list only if it finds that the structure has no historic or architectural significance, or that the structure is structurally unsound and a hazard to life and -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 safety, or that the structure cannot be used for any economic purpose whatsoever unless it is altered or demolished. IN the event a structure is removed from Exhibit A pursuant to this Section, the Planning Commission and/or the Council may place reasonable conditions on any subsequent request to alter the structure to protect to the maximum extent feasible the structure's significant architectural or historical characteristics. 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 provisions of law. j SECTION 8. Statement of Purpose and Urgency Findings. The City of Hermosa Beach intends to conduct studies forthwith relative to the identification of historically and architecturally significant resources within the City, and to the efficacy of protecting those resources by means of an historic preservation ordinance. In order to do so, it will be necessary to engage the services of consultants to assist in the identification and inventorying or historic resources, and to prepare an appropriate historic preservation ordinance. 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 potential historic and architecturally significant resources not be altered or destroyed, which would defeat the very purpose of adopting a historic preservation ordinance; consequently, it is necessary that this ordinance take effect immediately. -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 If this ordinance does not take effect immediately, actions might be undertaken which may be in conflict with the ordinance ultimately adopted and that historic and architectural resources might be altered or demolished 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 survey, and those resources are listed in Exhibit A. 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 forty-five (45) days after the adoption thereof unless extended pursuant to the provisions of Section 65858 of the Government Code. PASSED, APPROVED and ADOPTED this 17th day of December, 1996, by the following vote: AYES: Benz, Bowler, Edgerton, Reviczky, Mayor Oakes NOES: None ABSTAIN: None ABSENT- /None ENT o ` he City Council and MAYOR of the City of Hermosa Beach, California ATTEST- \ APPROVED AS O FORM 1 laJ—V �c.L k CITY CLERK y `� CITY ATTORNEY 4- • 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. 96-1168-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 17th day of November, 1996. The vote was as follows: AYES: Benz, Bowler, Edgerton, Reviczky, Mayor Oakes NOES: None AB SENT - None ABSTAIN: None DATED: December 19, 1996 r F )1" _ Deputy City Clerk is • Exhibit A List of Potential Architecturally and Historically Significant Resources L -I • Building Address Comments 1. Bank of America Building 90 Pier Ave. One of oldest commercial structures in downtown 2. Hermosa Hotel 26 Pier Ave. The oldest building in downtown 3. Bijou Theater 1229 Hermosa Ave. Oldest movie theater in City *Compiled from City of Hermosa Beach, General Plan. Note: list may be expanded based upon further survey of architecturally and historically significant resources. 4 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 ORDINANCE NO. 97-1169 U AN ORDINANCE OF THE CITY OF HERMOSA BEACH EXTENDING A MORATORIUM ON THE DEMOLITION OR MODIFICATION OF HISTORIC AND ARCHITECTURAL RESOURCES 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. 96-1168-U adopted on December 17, 1996 is hereby extended pursuant to Government Code Section 65858 for a period of ten months and fifteen days to December 16, 1997, 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 1. Statement of Purpose and Ur envy Findings. The City of Hermosa Beach has begun to conduct studies relative to the identification of historically and architecturally significant resources within the City, and to the efficacy of protecting those resources by means of an historic preservation ordinance. In order to do so, it will be necessary to engage the services of consultants to assist in the identification and inventorying or historic resources, and to prepare an appropriate historic preservation ordinance. Pending completion of 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 potential historic and architecturally significant resources not be altered or destroyed, which would defeat the very purpose of adopting a historic preservation ordinance; 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 that historic and architectural resources might be altered or demolished so as to undermine the very purpose of that ordinance. 4- 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 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 survey, and those resources are listed in Exhibit A to Ordinance No. 96-1168-U. 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 ten 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. PASSED, APPROVED and ADOPTED this 28th day of January, 1997, by the following vote: AYES: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky NOES: None ABSTAIN: None ABSENT- None ATTEST: CLERK of the City Coun and MAYOR of the City of Hermosa Beach, California -2- APPROVED TO 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. 97-1169-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 January, 1997. The vote was as follows: AYES: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky • NOES: None ABSENT- None ABSTAIN: None DATED: January 30, 1997 • 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 ORDINANCE NO. 97-1170 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE R-1 DEVELOPMENT STANDARDS, SECTION 17.08.030(L) TO MODIFY THE EXCEPTION FOR SMALL LOTS (2100 SQUARE FEET OR LESS), AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION. WHEREAS, the City Council held a public hearing on March 11, 1997, to consider the recommendation of the Planning Commission to amend the R-1 open space requirements, to consider the negative declaration, and to receive oral and written testimony and made the following Findings: A. The current requirements for open space are necessary to protect the public welfare as they serve to preserve the character of residential neighborhoods and the compatibility of new development with existing development, in addition to providing for light, air, yard space, and avoiding the construction of box -like structures. B. The current method of requiring open space, however, does not adequately recognize the unique situations and difficulties in constructing homes that meet current market standards for size and convenience; C. The City Council concurs with the Planning Commission and with the Staff Environmental Review Committee's recommendation, based on their environmental assessment/initial study, that this subject text amendments will result in a less than significant impact on the environment, and therefore qualifies for a Negative Declaration. NOW, THEREFORE, the City Council City of Hermosa Beach, California, does hereby ordain that the zoning ordinance text be amended as follows: SECTION 1. Amend Section 17.08.0309(L) Sub -section (a) to read as follows: "(a) Exceptions for Small Lots: Lots of 2100 square feet or less in area shall be allowed a minimum of three hundred (300) square feet of usable open space 4- 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 with minimum dimensions of seven (7) feet in length and width, and all of the required usable open space may be provided on balconies or decks provided that at least sixty percent (60%) of usable open space is directly accessible to primary living areas (living rooms, family rooms, and kitchen and living room or family room combinations). and located on the same floor level as the accessible primary living area." Lots within 10% of the lot size identified above (i.e. 2101 - 2310 square feet) may also be permitted some or all of the open space exception for small lots, pursuant to the above paragraph, subject to review and approval by the Planning Commission if found justifiable based on any of the following reasons: • To achieve a consistent and comparable amount of indoor living space with existing dwelling units in the immediate neighborhood; • To allow design flexibility in the application of the open space standard in conjunction with the remodeling and expansion of existing structures • To allow an innovative design which otherwise is consistent with the goals and intent of the open space and development standards for the R-1 zone; • To address unusual lot configurations or topography, as compared with surrounding lot and development patterns" 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 -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 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 April by the following vote: AYES: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky NOES: None ABSTAIN: None ABSENT- None of the City CoudcTY nd MAYOR of the City of Hermosa Beach, California ATTEST- APPROVED AS TO FORM: CITY CLERK CITY ATTORNEY -3- • 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. 97-1170 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 April, 1997, and was published in the Easy Reader newspaper on April 17, 1997. The vote was as follows: • AYES: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky NOES: None ABSENT- None ABSTAIN: None DATED: April 17, 1997 " e Deputy City Clerk 0 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. 97-1171 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE COMMERCIAL LAND USE REGULATIONS FOR OUTDOOR USES, TO EXCEPT OUTDOOR DINING ON PIER AVENUE FROM THE REQUIREMENT FOR A CONDITIONAL USE PERMIT AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION WHEREAS, the City Council held a public hearing on May 29, 1997, to consider the recommendation of the Planning Commission on the subject text amendment and made the following Findings: A. The current list of permitted uses lists restaurants and snack shops, however, Section 17.26.050 requires that outdoor uses are permitted by a Conditional Use Permit; B. The establishment of outdoor dining for restaurants with frontage on Pier Avenue is one of the primary objectives of the Downtown Improvement Project involving several restaurants, and should be encouraged by minimizing the time and expense for obtaining approval to occupy outdoor areas; C. The C.U.P requirement for outdoor uses is for the purpose of addressing potential site specific concerns relating to potential nuisances from noise, and/or aesthetic concerns depending on the location of such uses; D. However, all the proposed outdoor dining establishments on Pier Avenue are similarly situated and face similar issues relating to off-site impacts, aesthetics, and parking, and therefore, do not need such site specific review. Further, they will almost exclusively be located on the public right-of-way and be subject to uniform standards for development and operation through their required Encroachment Permits which will mitigate any potential off-site impacts in a uniform and equitable manner; E. The City Council concurs with the Planning Commission and with the Staff Environmental Review Committee's recommendation, based on their environmental assessment/initial study, that the outdoor dining program, including this text amendment, amendments to the Streets and Sidewalk portion of the Municipal Code, and the Parking Plan, with the mitigating conditions included in the conditions of the Parking Plan, will -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 result in a less than significant impact on the environment, and therefore qualifies for a Negative Declaration. NOW, THEREFORE, the City Council of the City of Hermosa Beach, California, does hereby ordain that the zoning ordinance text be amended as follows SECTION 1. Amend Section 17.26.050 (B) as follows, by amending sub -section 1 for clarification purposes, and adding sub -section 5: "B. Enclosures. All uses shall be conducted wholly within a building enclosed on all sides, except for the following: 1. Outdoor uses may be permitted by Conditional Use Permit for uses listed in the permitted use list, 2. Commercial parking lot; 3. Uses incidental to a use conducted primarily within a building located on the premises; provided, that such incidental uses are not conducted in whole or in part on sidewalks, public ways or within any required front or rear yard, and provided, further, that such incidental uses are of a type which cannot be economically or practically conducted within buildings. Where incidental uses are not conducted within a building, no part of the area devoted to the incidental uses shall be considered as part of the required parking facilities. All outdoor storage or activities shall be substantially screened from public visibility, public streets, parks or other public places, and properties; 4. Temporary outdoor merchandise display and outside dining in conjunction with a temporary outdoor event such as a sidewalk sale, authorized by the City Council by special permit as set forth in Section 12.12.070. 5. Outdoor dining or seating located in front of a restaurant or snack shop located on Pier Avenue, authorized by an Encroachment Permit for use of the public right-of- way obtained pursuant to Section 12.16.090 of the Municipal Code, which may include sales and consumption of alcohol in outdoor dining areas in conjunction with a Conditional Use Permit for on -sale alcohol within the indoor premises of the -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 restaurant, subject to approval of the State Alcoholic Beverage Control Department." SECTION 2. This ordinance shall become effective and be in full force and effect from and after thirty (30) days of its final passage and adoption. SECTION 3. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of general circulation published and circulated, in the City of Hermosa Beach in the manner provided by law. SECTION 4. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 10th day of June by the following vote: AYES: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky NOES: None ABSTAIN: None ABSENT- None PRESIDENT of 4eity Council and l OR of the City of Hermosa Beach, California ATTEST- APPROVED AS TO FORM: CITY CLERK -3- • 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. 97-1171 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 day of June, 1997, and was published in the Easy Reader newspaper on June 19, 1997. The vote was as follows: • AYES: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky NOES: None ABSENT- None ABSTAIN: None DATED: June 19, 1997 Deputy 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 Ange- les, and which newspaper has been adjudged a news- paper 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 news- paper and not in any supplement thereof on the follow- ing dates, to -wit: June 19 all in the year 1997. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, this _ 1997 • 19th day of June JSignature 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 HBL97-112 CITY OF HERMOSA BEACH ORDINANCE NO, 97-1171 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE COMMERCIAL LAND USE REGULATIONS FOR OUTDOOR USES, TO EXCEPT OUTDOOR DINING ON PIER AVENUE FROM THE REQUIREMENT FOR A CONDITIONAL USE PERMIT AND ADOPTION OFAN ENVIRONMENTAL NEGATIVE DECLARATION WHEREAS, the City Council held a public hearing on May 29, 1997, to consider the recommendation of the Planning Commission on the subject text amendment and made the following Findings: A. The current list of permitted uses lists restaurants and snack shops, however, Section 17.26.050 requires that outdoor uses are permit- ted by a Conditional Use Permit; B. The establishment of outdoor dining for restaurants with frontage on Pier Avenue is one of the primary objectives of the Downtown Improvement Project involving several restaurants, and should be encouraged by minimizing the time and expense for obtaining ap- proval to occupy outdoor areas; C. The C.U.P. requirement for outdoor uses is for the purpose of ad- dressing potential site specific concerns relating to potential nui- sances from noise, and/or aesthetic concerns depending on the location of such uses; D. However, all the proposed outdoor dining establishments on Pier Avenue are similarly situated and face similar issues relating to off- site impacts, aesthetics, and parking, and therefore, do. not need such site specific review. Further, they will almost exclusively be located.on the public right-of-way and be subject to uniform stan- dards for development and operation through their required En- croachment Permits which will mitigate any potential off-site im- pacts in a uniform and equitable manner; E. The City Council concurs with the Planning Commission and with the Staff Environmental Review Committee's recommendation, based on their environmental assessmentfinitial study, that the out- door dining program, including this text amendment, amendments :o the Streets and Sidewalk portion of the Municipal Code, and the Parking Plan, with the mitigating conditions included in the condi- tions of the Parking Plan, will result in a less than significant impact on the environment, and therefore qualifies for a Negative Declara- tion. NOW, THEREFORE, the City Council City of Hermosa Beach, Cali- fornia, does hereby ordain that the zoning ordinance text be amended as follcws SECTION 1. Amend Section 17.26.050 (B) as follows, by amending sub -section 2 for clarification purposes, and adding sub -section 5: "B. Enclosures. All uses shall be conducted wholly within a building enclosed on all sides, except for the following: 1. Outdoor uses may be permitted by Conditional Use Permit for uses listed as stated in the permitted use list; 2. Commercial parking lot; ' 3. Uses incidental 'to a use conducted primarily within a building located on the premises; provided, that such incidental uses are not conducted in whole or in part on sidewalks, public ways or within any required front or rear yard; and provided, further, that such incidental uses are of a type which cannot be economically or practicajly conducted within buildings. Where incidental uses are not conducted within a building, no part of the area devoted to the incidental uses shall be considered as part of the required parking facilities. All outdoor storage.or activities shall be sub- stantially screened from public visibility, public streets, parks or other public places, and properties; 4. Temporary outdooi merchandise display and outside dining in conjunction with a temporary outdoor event such as a sidewalk sale, authorized by the City Council by special permit as set forth in Section 12.12.070. 5. Outdoor dining or seating located in front of a restaurant or snack shop located on Pier Avenue, authorized by an Encroachment Permit for use of the public right-of-way obtained pursuant to Sec- tion 12.16.090 of the Municipal Code, which may include saizs and consumption of alcohol in outdoor dining areas in conjunc- tion with a Conditional Use Permit for on -sale alcohol within the indoor premises of the restaurant, subject to approval of the State Alcoholic Beverage Control Department: 0 as 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 circula- tion published and circulated, in the City of Hermosa Beach in the man- ner provided by law. SECTION 4. The City Clerk shall certify to the passage and adop- tion of this ordinance, shall enter the same in the book of original ordi- nances 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 10th day of June by the fol- lowing vote: AYES: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky NOES: None ABSTAIN: None ABSENT None PRESIDENT of the City Council and MAYOR of the City of Hermesa Beach, California J.R. Reviczky ATTEST: Elaine Doerfling CITY CLERK APPROVED AS TO FORM: Michael Jenkins. CITYATTORNEY ER6-19-97/HBL97-112 qkk 0 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. 97-1172 AN ORDINANCE OF THE CITY OF HERMOSA BEACH , CALIFORNIA, AMENDING CHAPTER 12.16 OF THE HERMOSA BEACH MUNICIPAL CODE TO MODIFY THE CUP REQUIREMENTS FOR OUTDOOR DINING RELATIVE TO PIER AVENUE THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Title 12, Chapter 12.16 of the Hermosa Beach Municipal Code is amended by adding thereto a new Section 12.16. 100 to read as follows: 12.16.100. Commercial Outdoor Dining -- Exception for Pier Avenue. Notwithstanding the provisions of Section 12.16.060 and 12.16.090, a conditional use permit shall not be required for commercial outdoor dining on Pier Avenue between Pacific Coast Highway and the Strand as long as the conditions set forth in Section 12.16.090 are satisfied and the outdoor dining facility complies with design standards adopted by resolution of the City Council. SECTION 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. -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. 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 24th day of June, 1997, by the following AYES: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky NOES: None ABSTAIN: None AB SENT - None ATTEST - City Clerk of the City C401111 and MAYOR of the City of Hermosa Beach, California -2- 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. 97-1172 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, 1997, and was published in the Easy Reader newspaper on July 3, 1997 The vote was as follows: AYES: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky NOES: None ABSENT- None ABSTAIN: None DATED: July 7, 1997 dtM& -Aose-s - Deputy City Clerk 0 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. 97-1172 AN ORDINANCE OF THE CITY OF HERMOSA BEACH , CALIFORNIA, AMENDING CHAPTER 12.16 OF THE HERMOSA BEACH MUNICIPAL CODE TO MODIFY THE CUP REQUIREMENTS FOR OUTDOOR DINING RELATIVE TO PIER AVENUE THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY I ORDAIN AS FOLLOWS: SECTION 1. Title 12, Chapter 12.16 of the Hermosa Beach Municipal Code is amended by adding thereto a new Section 12.16. 100 to read as follows: 12.16.100. Commercial Outdoor Dining — Exception for Pier Avenue. Notwithstanding the provisions of Section 12.16.060 and 12.16.090, a conditional use permit shall not be required for commercial outdoor dining on Pier Avenue between Pacific Coast Highway and the Strand as long as the conditions set forth in Section 12.16.090 are satisfied and the outdoor dining facility complies with design standards adopted by resolution of the City Council. SECTION 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. 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. 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 24th day of June, 1997, by the following AYES: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky NOES: None ABSTAIN: None ABSENT- None PRESIDENT ATTEST: City Clerk City Council YOR of the City of Hermosa Beach, California -2- 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. 97-1172 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, 1997, and was published in the Easy Reader newspaper on July 3, 1997 The vote was as follows: • AYES: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky NOES: None ABSENT- None ABSTAIN: None DATED: July 7, 1997 d)( i A -An - ), 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 LosAnge- les, and which newspaper has been adjudged a news- paper 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 news- paper and not in any supplement thereof on the follow- ing dates, to -wit: July 3, 1997 all in the year 1997. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, this Ti i l V day of , 3 1997, SignatureD" 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 HBL97-113 CITY OF HERMOSA BEACH ORDINANCE NO. 97. 1172 AN ORDINANCE OFTHE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 12.16 OF THE HERMOSA BEACH MUNICI- PAL CODE TO MODIFYTHE CUP REQUIREMENTS FOR OUTDOOR DINING RELATIVE TO PIER AVENUE THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Title 12, Chapter 12.16 of the Hermosa Beach Munici- pal Code is amended by adding thereto a new Section 12.16.100to read as follows: 12.16.100. Commercial Outdoor Dining — Exception for Pier Avenue. Notwithstanding the provisions of Section 12.16.060 and 12.16.090 a conditional use permit shall not be required for commercial outdoor dining on Pier Avenu a between Pacific Coast Highway and the Strand as long as the condition 1 set forth In Section 12.16.090 are satisfied and the outdoor dining facility complies with design standards adopted by resolution at the City Council. SECTION 2. This ordinance shall become effective and be in full force and effect from and after thirty (30) days of its final passage and adoption SECTION 3. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader a weekly newspaper of general circulation published and circulated in the City of Hermosa Beach in the manner provided by law.. SECTION 4. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of said city, and shall make minutes of the 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, 1997, by the following vole: AYES: Benz, Bowler, 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 PORM Michael Jenkins ER7-3-97/HBL97-113 City Attorney :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. 97-1173 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 5.04 OF THE HERMOSA BEACH MUNICIPAL CODE DEALING WITH LICENSING FOR MASSAGE ESTABLISHMENTS, AND ADDING CHAPTER 5.74 TO REGULATE MASSAGE THERAPY BUSINESSES. WHEREAS, the City Council held a public meeting to consider the recommendation of the Planning Commission, and to receive oral and written testimony and made the following Findings: A. Massage and other similar business offering therapeutic services have a legitimate place in the local business community. The City Council recognizes that the majority of massage therapy businesses are legitimate and desirable, however, sometimes such businesses are use to harbor illegal activity. B. It is therefore necessary, in the interest of protecting the public health, safety, and welfare, to regulate massage business to ensure only legitimate massage businesses are permitted to operate within the City. NOW, THEREFORE, the City Council City of Hermosa Beach, California, does hereby ordain as follows: SECTION 1. Amend Section 5.04.200, B - Taxes, Part 2. Classification B., Group 8 to read as follows: "Group 8: Massage Pafler therapy, practicing physiotherapy, health and physical culture establishments --seventy five dollars (75.00) per annum plus ten dollars (10.00) for each operator. Issuance of a business license for an independent Massage Therapy businesses requires prior approval of a Conditional Use Permit and compliance with the licensing requirements of Section 5.74. SECTION 2. Add Chapter 5.74 in its entirety to read as follows: "Sec. 5.74.010 Definitions "Massage Therapy Business." An establishment offering massage, alcohol nab, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the state as part of a 1- 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 medical clinic. This definition excludes a gymnasium/health and fitness center, school, barber/beauty shop, or similar establishment where massage or similar manipulation of the human body is offered by an individual as an incidental or accessory service and does not occupy more than 25% of the area of the establishment. This definition also specifically excludes Adult Massage as defined in Section 17.04.060. Sec. 5.74.020 Massage Therapy Business Location - Conditional Use Permit Required Before any location and building may be used for the purposes of massage therapy a Conditional Use Permit shall be obtained pursuant to Chapter 17.40 of the Zoning Ordinance. Sec. 5.74.030 Massage Therapy Business - Massage Therapist License Required The business shall be owned and/or operated by an on -premises City licensed Massage Therapist who meets the minimum qualification as set forth in this Chapter. Every person conducting, managing, owning, or operating a massage therapy business in the City, as defined in this section, shall procure a license in the manner prescribed in this section. Sec. 5.74.040 Massage Therapist - Training and Education Required A massage therapy business shall at all times be conducted, managed, and/or supervised by an on -premises Massage Therapist. The following are the minimum education and training requirements for a Massage Therapist: A. Completion of a minimum of five hundred (500) hours of training in the theory, method, profession, and work of massage therapy from a recognized school, evidenced by a diploma or certificate of graduation from a recognized school; B. Training and maintenance of certification to practice CPR and First Aid from the American Heart Associate, Red Cross, or the State of California; Sec. 5.74.050 License Application Every person desiring to obtain a license shall make an application to the City Finance Department. The applicant shall provide the following: A. The full name, residence address, business address, and telephone numbers of the applicant, and the name under which the proposed business is to be conducted; -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. The full name, business address, residence address, and telephone numbers of any copartners, excluding limited partners, of the applicant; C. The full name, residence address, business address, and telephone numbers of the property owner, in which the business is to be located, and the written consent of said owner to the operation of the business or a copy of the lease for the premises executed by the owner evidencing such consent; D. Applicant's height, weight, color of eyes and hair, age, and date and place of birth; E. The nature, name and place of applicant's business or employment during the five years immediately preceding the date of the filing of the application; F. A two-inch square photograph of the applicant taken within sixty days immediately prior to the date the application is filed; G. Such other identification and information as the Police Chief may require in order to discover the truth of the matters set forth in the application, including the right to take fingerprints, any additional photographs or to confirm the height and weight of the applicant; H. Record of any conviction of violation of law, excluding minor traffic violations; I. An annual certificate from a medical doctor stating that the applicant and any other massage therapist or massage technician employed or permitted to work by the applicant has, within sixty days prior thereto, been examined and found to be free of any contagious or communicable disease; I A statement in writing by the applicant that he or she certifies, under penalty of perjury, that all information contained in the application is true and correct. Sec. 5.74.060 Facilities Necessary A license shall not be issued pursuant to this Chapter unless an inspection by the City shows the business establishment complies with each of the following requirements; A. Minimum lighting shall be provided in accordance with the Uniform Building Code; B. All instruments used in massage shall be cleaned and disinfected; C. Hot and cold running water, soap or detergent, and sanitary towels or air dryer shall be available on the premises; -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 0 28 D. Dressing and toilet facilities shall be provided for patrons; E. Separate enclosed cabinets or containers shall be provided for storage of clean and soiled towels and linen; Sec. 5.74.070 Conduct of the Business A. The massage therapy business shall have at least one person who has a valid Massage Therapist license pursuant to this chapter on the premises during all operating hours. B. Clean and sanitary towels and linens (washed in hot water a minimum of 140 degrees Fahrenheit) shall be provided for each patron of the business. C. Standard or portable massage tables or a mat suitable for shiatsu or accupressure shall be used. Foam pads more than four inches thick or with a width of more than four feet may not be used. Beds, mattresses, and water beds may not be used nor be present anywhere on the premises. Sec. 5.74-080 Investigation Upon receipt of a complete application, it shall be forwarded to the Police Chief who shall conduct an appropriate investigation to determine whether said permit shall be issued in accordance with this chapter. Sec. 5.74-090 Conditions for Issuance of License After investigation, and report by the Chief of Police, the City shall issue or renew the license only when all of following conditions are met: A. A completed written application form has been filed; B. The required application fee has been paid; C. The applicant has complied with all provisions of this Chapter and of the Municipal Code; D. The building and facilities comply with all of the health, zoning, fire, building and safety requirements and standards of the State of California and of the City; E. A determination that the applicant and any employee, agent, partner, director, officer, shareholder, associate, manager or any other person connected with the business for which the applicant is requesting a permit hereunder- 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 1. Has not been convicted in a court of competent jurisdiction of: a) A violation of Health and Safety Code Section 1155; or, b) A violation of Penal Code Sections 266I, 315, 316, 318, or 647(b); and, 2. Has not been convicted in any other State of any offense which, if committed or attempted in this State, would have been punished as one or more of the above mentioned offenses; and, 3. Is not required to register under the provisions of Penal Code Section 290; and, 4. Has not made any false, misleading or fraudulent statement in the application or in any report or record filed with the Chief of Police; and, 5. Has not had a permit or license for a similar type business revoked by the City or any other jurisdiction within the past three years. 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 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 12th day of August by the following vote: AYES: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky NOES: None ABSTAIN: None ABSENT- None PRESIDENT ATTEST - �J CITY CLERK City Council YOR of the City of Hermosa Beach, California 51 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. 97-1173 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, 1997, and was published in the Easy Reader newspaper on August 21, 1997 The vote was as follows: • AYES: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky NOES: None ABSENT- None ABSTAIN: None DATED: August 25, 1997 4o Deputy City Clerk 0 L 2 3 4 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 ORDINANCE NO. 97-1174 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE COMMERCIAL LAND USE REGULATIONS TO ADD "MASSAGE THERAPY BUSINESS" AS A CONDITIONALLY PERMITTED USE IN THE C-2 AND C-3 ZONES WHEREAS, the City Council held a public hearing on June 17, 1997 to consider the recommendation of the Planning Commission to add "massage therapy" as a permitted use, subject to a Conditional Use Permit and to consider oral and written testimony and made the following Findings: A. The current list of permitted uses includes allowing massage therapy only in conjunction with and incidental to another use such as a health and fitness center, or medical clinic, B. Massage Therapy is a commonly accepted alternative to traditional medicine, and as a supplemental treatment, to improve mental and physical health; C. Making the establishment of a massage therapy business subject to obtaining a Conditional Use Permit, will allow a case by case review of any proposed location or type of establishment to ensure compatibility with surroundings, and consistency with the intent of the commercial zone; D. 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. NOW, THEREFORE, the City Council of the City of Hermosa Beach, California, hereby ordains that the Municipal Code, Title 17, Zoning, be amended as follows: SECTION 1. Amend the land use matrix under Section 17.26.030, Land Use Regulations to add the following in alphabetical order within the matrix: ... .... "Massage Therapy Business - U U 17.40" n 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 LST !d"TT/lAT �% 1 Eliminate the definition for "Massage Parlor" from the Adult use definition Section 17.04.060. 2. Add the following Definition to Section 17.04.050 in alphabetical order Massage Therapy Business. An establishment offering massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the state as part of a medical clinic. This definition excludes a gymnasium/health and fitness center, school, barber/beauty shop, or similar establishment where massage or similar manipulation of the human body is offered by an individual as an incidental or accessory service and does not occupy more than 25% of the area of the establishment. This definition also specifically excludes Adult Massage as defined in Section 17.04.060 SECTION 3. Add the following to Chapter 17.40 "17.40.160 Massage Therapy Business The following conditions and standards of operation, in addition to any other deemed necessary or appropriate to ensure compatibility with existing or permitted uses in the vicinity, shall be required: 1. A licensed Massage Therapist, pursuant to Chapter 5.74 of the Hermosa Beach Municipal Code, shall be on the premises at all times when the business is open. The business may employ technicians or aides only if supervised by a licensed Massage Therapist. 2. Management shall adopt, inform patrons and employees of, and strictly enforce all requirements of the Conditional Use Permit and all regulations as set forth in Chapter 5.74. 3. Hours of operation shall be limited to between 7:00 A.M. and 10:00 P.M. or other hours as established by the Planning Commission if deemed necessary because of proximity to residential uses. -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 4. This ordinance shall become effective and be in full force and effect from and after thirty (30) days of its final passage and adoption. SECTION 5. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of general circulation published and circulated, in the City of Hermosa Beach in the manner provided by law. SECTION 6. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 12th day of August by the following vote: AYES: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky NOES: None ABSTAIN: None ABSENT- None PRESIDENT of Ke-klty Council and ATTEST- -3- R of the City of Hermosa Beach, California APPROVED AS TO FORM: / o I "� ( A 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. 97-1174 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, 1997, and was published in the Easy Reader newspaper on August 21, 1997 The vote was as follows: AYES: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky NOES: None ABSENT- None ABSTAIN: None DATED: August 25, 1997 _ Deputy City Clerk • C 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 ORDINANCE NO. 98-1175 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 8.40 OF TITLE 8 OF THE HERMOSA BEACH MUNICIPAL CODE, RELATING TO SMOKING IN PUBLIC PLACES THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 8.40.020 of Chapter 8.40 of Title 8 of the Hermosa Beach Municipal Code is amended to read as follows "Smoking shall be prohibited in all city -owned buildings and property described below: "A. All city -owned buildings including city hall, police headquarters, fire station, community center, city yard, Clark stadium building, the old South School Park buildings, Base III at 1035 Valley Drive, and any other such building/enclosed facility as the city may acquire, excepting therefrom, to the extent consistent with California Labor Code Section 6404.5(d), the atrium area of city hall and any other area exempted by minute action of the city council regardless of where said building/facility is specifically listed above; "B. All city -owned vehicles." SECTION 2. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or application, and to this end the provisions of this ordinance are declared to be severable. The City Council declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof even if one or more section, subsection, sentence, clause, phrase, part or portion thereof is declared invalid or unconstitutional. SECTION 3. This ordinance shall become effective and be in full force and effect from 0 28 11 and after thirty (30) days of its final passage and adoption. 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. 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 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 13th day of January, 1998 by the following vote: AYES: Bowler, Oakes, Reviczky, Mayor Pro Tempore Benz NOES: None ABSTAIN: None ABSENT- Mayor Edge5p4,---� PRESIDENT of the City ATTEST - of the City of Hermosa Beach, California APPROVED AS TO FORM - City Clerk U City Attorney -2- • • 0 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. 98-1175 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 January, 1998, and was published in the Easy Reader newspaper on January 22, 1998. The vote was as follows: AYES: Bowler, Oakes, Reviczky, Mayor Pro Tempore Benz NOES: None ABSENT- Mayor Edgerton ABSTAIN: None DATED: January 22, 1998 A� �' Deputy City Clerk PROOF OF PUBLICATION (2015.5C.C.P.) • STATE OF CALIFORNIA, County of Los Angeles, E • 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 Ange- les, and which newspaper has been adjudged a news- paper 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 news- paper and not in any supplement thereof on the follow- ing dates, to -wit: January 22 all in the year 1998. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, this 22nd day of Tanllary , 1998. 1 Signature EASY READER, INC. P.O. BOX 427 832 HERMOSAAVENUE, HERMOSA BEACH, CA 90254 Telephone: (310) 372-4611 Proof of Publication of: CITY OF HERMOSA BEACH HBL98-100 CITY OF HERMOSA BEACH ORDINANCE NO. 98-1175 AN ORDINANCE OF THE CITY OF HERMOSA, BEACH, CALIFORNIA, AMENDING CHAPTER 8.40 OF TITLE 8 OF THE HERMOSA BEACH MUNICIPAL CODE, RELATING TO SMOKING IN PUBLIC PLACES THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 8.40.020 of Chapter 8.40 of Title 8 of the Hermosa Beach Municipal Code is amended to read as follows "Smoking shall be prohibited in all city -owned buildings and property described below: "A. All city -owned buildings including city hall, police head- quarters, fire station, community center, city yard. Clark stadium building, the old South School Park buildings, Base III at 1035 Valley Drive, and any other such building/enclosed facility as the city mayacquire, excepting therefrom, to the extent consis- tent with California Labor Code Section 6404.5(d), the atrium' area of city hall and any other area exempted by minute action of the city council regardless of where said building/facility is specifically listed above; 'B. All city -owned vehicles' SECTION 2. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provi- sion or application, and to this end the provisions of this ordi- nance are declared to be sever- able. The City Council declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof even if one or more section, sub- section, sentence, clause, phrase, part or portion thereof is declared invalid or unconstitu- tional. 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 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 bylaw. 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 13th day of January, 1998 by the following vote: AYES: Bowler, Oakes, Reviczky, Mayor Pro Tempore Benz NOES: None ABSTAIN: None ABSENT: Mayor Edgerton Robert Benz 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 ER1-22-98/HBL98-100 • 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. 98-1176 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REPEALING IN ITS ENTIRETY CHAPTER 2.24 OF TITLE 2 OF THE HERMOSA BEACH MUNICIPAL CODE PERTAINING TO THE DOWNTOWN BUSINESS AREA ENHANCEMENT DISTRICT COMMISSION WHEREAS, Hermosa Beach Municipal Code Section 2.24 contains the provisions of Ordinance No. 93-1096, adopted August 10, 1993, which established the Downtown Business Area Enhancement District Commission; and WHEREAS, at its meeting of July 22, 1997, the City Council determined that the work of the Downtown Business Area Enhancement District Commission had been completed and directed that the Commission be discontinued and disbanded; and WHEREAS, at its meeting of September 9, 1997, the City Council presented the outgoing Commissioners with plaques of appreciation for their volunteer service, thereby rendering the Commission defunct and the Code provisions regulating the Commission obsolete. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 2.24 of Title 2 of the Hermosa Beach Municipal Code, which established and regulated the Downtown Business Area Enhancement District Commission pursuant to Ordinance No. 93-1096, is hereby repealed in its entirety. 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 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 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 13th day of January, 1998 by the following vote: AYES: Bowler, Oakes, Reviczky, Mayor Pro Tempore Benz NOES: None ABSTAIN: None ABSENT- Mavor Edeerton PRESIDENT of the ATTEST- City Clerk tl YOR of the City of Hermosa Beach, California B -2- APPROVED AS TO FORM: City Attorney r1 U �J n U 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. 98-1176 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 January, 1998, and was published in the Easy Reader newspaper on January 22, 1998. The vote was as follows: AYES: Bowler, Oakes, Reviczky, Mayor Pro Tempore Benz NOES: None ABSENT- Mayor Edgerton ABSTAIN: None DATED: January 22, 1998 Deputy 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 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 Ange- les, and which newspaper has been adjudged a news- paper 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 news- paper and not in any supplement thereof on the follow- ing dates, to -wit: January 22 • all in the year 1998. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, this 22nd day of January , 1998. r �7. jSignature EASY READER, INC. P.O. BOX 427 832 HERMOSAAVENUE, HERMOSA BEACH, CA 90254 Telephone: (310) 372-4611 0 �t� ). 17 ? o - •-,/ Proof of Publication of: CITY OF HERMOSA BEACH HBL98-101 CITY OF HERMOSA BEACH ORDINANCE NO. 98-1176 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFOR- NIA, REPEALING IN ITS ENTIRETY CHAPTER 2.24 OF TITLE 2 OF THE HERMOSA BEACH MUNICIPAL CODE PERTAINING TO THE DOWNTOWN BUSINESS AREA ENHANCEMENT DISTRICT COMMISSION WHEREAS, Hermosa Beach Municipal.Code Section 2.24 con- tains the provisions of Ordinance No. 93-1096, adopted August 10, 1993, which established the Downtown Business Area Enhancement District Commission; and WHEREAS, at its meeting of July 22, 1997, the City Council deter- mined that the work of the Downtown Business Area Enhancement District Commission had been completed and directed that the Commission be discontinued and disbanded; and WHEREAS, at its meeting of September 9, 1997, the City Council presented the outgoing Commissioners with plaques of appreciation for their volunteer service, thereby rendering the Commission defunct and the Code provisions regulating the Commission obsolete. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HER- MOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 2.24 of Title 2 of the Hermosa Beach Municipal Code, which established and regulated the Downtown Business Area Enhancement District Commission pur- suant to Ordinance No. 93-1096, is hereby repealed in its entirety. SECTION 2. 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 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 pro- ceedings of the City Council at which the same is passed and adopt- ed. PASSED, APPROVED and ADOPTED this 13th day of January, 1998 by the following vote: AYES: Bowler, Oakes, Reviczky, Mayor Pro Tempore Benz NOES: None ABSTAIN: None ABSENT: Mayor Edgerton Robert Benz 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 ER1-22-98/HBL98-101 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. 97-1177U AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, EXTENDING A MORATORIUM ON THE DEMOLITION OR MODIFICATION OF HISTORIC AND ARCHITECTURAL RESOURCES 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. 96-1168U adopted on December 17, 1996 and extended by Ordinance No. 97-1169U on January 28, 1997, is hereby extended pursuant to Government Code Section 65858 for a period of one year to December 16, 1998. 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 continues to conduct studies relative to the identification of historically and architecturally significant resources within the City, and to the efficacy of protecting those resources by means of an historic preservation ordinance. In order to do so, it is in the process of engaging the services of consultants to assist in the identification and inventorying of historic resources, and preparing an appropriate historic preservation ordinance. Pending completion of 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 the existing potential historic and architecturally significant resources not be altered or destroyed, which would defeat the very purpose of adopting a historic preservation ordinance; consequently, it is necessary that this ordinance take effect immediately. n 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 If this ordinance does not take effect immediately, actions might be undertaken which may be in conflict with the ordinance ultimately adopted and historic and architectural resources might be altered or demolished 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 survey, and those resources are listed in Exhibit A to Ordinance No. 97- 1169U. 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 resourses. 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 the second and final extension of an interim ordinance and shall expire 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 23rd day of December, 1997 by the following vote: AYES: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton NOES: None ABSTAIN: None ABSENT- ..'Noe of the City Co446& and\MAYOR of the City of Hermosa Beach, California ATTEST- APP O D AS TO FORM: r _ City Clerk City 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. 97-1177U was duly passed, approved and adopted as an urgency ordinance by the City Council of the City of Hermosa Beach at a regular meeting held at the regular meeting place thereof on the 23rd day of December, 1997. The vote was as follows: • AYES: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton NOES: None AB SENT - None ABSTAIN: None DATED: December 24, 1997 City Cle 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. 98-1178 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE MUNICIPAL CODE, TITLE 17, TO EXTEND THE ALLOWED DURATION FOR DISPLAY OF TEMPORARY SIGNS FROM 60 TO 90 DAYS. The City Council of the City of Hermosa Beach does hereby resolve and order as follows: SECTION 1. The City Council initiated consideration of the proposed changes for duration of temporary signs. SECTION 2. The Planning Commission held a duly noticed public hearing on October 21, 1997, at which the Commission recommended adoption of an ordinance to extend the duration for display of temporary signs. SECTION 3. The City Council conducted a duly noticed public hearing 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 4. Based on the evidence considered at the public hearing, the City Council makes the following findings: 1. The current limit of 60 days for displaying temporary signs pursuant to Section 17.50.210 is not adequate for businesses to successfully advertise seasonal sales, special events, and/or grand openings; SECTION 5. Based on the foregoing, the City Council hereby ordains that the Hermosa Beach Municipal Code, Title 17 -Zoning, Section 17.50.210(B) be amended to read as follows: "B. Duration of Display. The total duration of display for all temporary signs for any business shall not exceed skty (60) ninety 90 days during any calendar year, Thesixty (60) -da ximum -allotment—shall-4)e used in-i,,,.fements of -net less than this days eh 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. n 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 in the manner provided by law. SECTION 8. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 27th day of January, 1998, by the following vote: AYES: NOES: ABSTAIN AB SENT PRE ATTEST - Bowler, Oakes, Reviczky, Mayor Edgerton None None Benz of the City Cot' and MAYOR of the City of Hermosa Beach, California .0 City Clerk -2- APPROVED AS TO FORM r1 u 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. 98-1178 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 January, 1998, and was published in the Easy Reader newspaper on February 6, 1998. The vote was as follows: 0 AYES: Bowler, Oakes, Reviczky, Mayor Edgerton NOES: None ABSENT- Benz ABSTAIN: None DATED: February 6, 1998 Deputy 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 Ange- les, and which newspaper has been adjudged a news- paper 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 news- paper and not in any supplement thereof on the follow- ing dates, to -wit: February 5 • all in the year 1998. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, this 5th day of February , 1998. Signature EASY READER, INC. P.O. BOX 427 832 HERMOSAAVENUE, HERMOSA BEACH, CA 90254 Telephone: (310) 372-4611 C I r•� Proof of Publication of - CITY OF HERMOSA BEACH HBL98-102 CITY OF HERMOSA BEACH ORDINANCE NO. 98-1178 AN ORDINANCE OFTHE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDINGTHE MUNICIPAL CODE,TITLE 17,70 EXTEND THE ALLOWED DURATION FOR DISPLAY OF TEMPORARY SIGNS FROM 60TO 90 DAYS. The City Council of the City of Hermosa Beach does hereby resolve and order as follows: SECTION 1. The City Council initiated consideration of the proposed changes for duration of temporary signs. SECTION 2. The Planning Commission held a duly noticed public hearing on October 21,1997, at which the Commission recommended adop- tion of an ordinance to extend the duration for display of temporary signs. SECTION 3. The City Council conducted a duly noticed public hearing to consider the recommendation of the Planning Commission, at which tes- timony and evidence, both written and oral, was presented to and considered by the Council. SECTION 4. Based on the evidence considered at the public hearing, the City Council makes the following findings: 1. The current limit of 60 days for displaying temporary signs pursuant to Section 17.50.210 is not adequate for businesses to successfully advertise seasonal sales, special events, and/or grand openings; SECTION 5. Based on the foregoing, the City Council hereby ordains that the Hermosa Beach Municipal Code, Title 17 -Zoning, Section 17.50.21 0(8) be amended to read as follows: "B. Duration of Display. The total duration of display for all temporary signs for any business shall not exceed sixty (60) ninety (90) days during any calendar year. The sixty (60) day maximum allotment shall be used in increments of not less than thirty days for each sign:' 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 offifteen (15)days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, aweekly newspaper of general circulation published and cir- culated, in the City of Hermosa Beach in the man ner.provided by law. SECTION 8. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of said city, and shall make minutes df 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 Jan uary, 1998, by the following vote: AYES: Bowler, Oakes. Reviczky, Mayor Edgerton NOES: None ABSTAIN: None ABSENT: Benz SamY. 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 ER2-5-98MBL98-102 n 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. 98-1179 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE TO INCORPORATE CERTAIN POLICIES PREVIOUSLY SET FORTH IN POLICY STATEMENTS. 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 November 18, 1997, at which the Commission recommended adoption of an ordinance to incorporate previously adopted "policy statements" into the Zoning Ordinance. SECTION 2. The City Council conducted a duly noticed public hearing 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 finding: 1. Certain established policies of the Planning Commission that were matters of interpretation of certain provisions in the Zoning Ordinance, previously set forth in "policy statements," had questionable legal status, and should be incorporated into the Zoning Ordinance. 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 17.44.090(C) first paragraph to read as follows: "C. In residential zones, garages or parking stalls fronting on a public street shall be set back a minimum of seventeen (17) feet from the exterior edge of the nearest public improvement (sidewalk or street improvement) if roll -up garage doors are installed, or set back twenty (20) feet if standard garage doors are installed. On streets where public improvements for sidewalks have not been completed the above setback shall be measured from the edge of the required or planned sidewalk. This measurement does not include structural supports or other parts of the structure provided parking dimension and turning radii are not obstructed." 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 2. Add the following new Section to Chapter 17.46, Yard, Height and Area Restrictions: "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: Through Lots Located Between: Ava Avenue and Ardmore Avenue Ava Avenue and Springfield Street Barney Court and Mever Court Bonnie Brae Street and Camvana Street Monterey Boulevard and Culver Court Monterey Boulevard and Loma Drive Monterey Boulevard and Morningside Dr. 15th Place and 16th St. (E. of Mira Street) The Strand and Hermosa Avenue Front Yard Shall Be Provided On: Ava Avenue Springfield Avenue Bamev Court Bonnie Brae Street Monterey Boulevard Monterey Boulevard Monterev Boulevard 15th Place Both The Strand and Hermosa Avenue (see excevtion below) C. 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 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." 3. Add the following new Section to Chapter 17.46, Yard, Height and Area Restrictions: "17.46.154 Yard Requirements for "Half -Lots" Fronting on Alleys The side of the lot facing, the alley is considered the front yard, but the applicable yard requirement is three (3) feet from the property line on the ground floor and one (1) foot on the second floor and above." -2- L 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 is 28 4. Amend Section 17.50.040(C) "Comprehensive Sign Plan' to read as follows: "C. Comprehensive Sign Plan to be Required on Proposed Commercial Developments. The applicant shall submit a sign plan for the development showing the location, size, color and, if possible, copy for all signs proposed for the site; the sign plan shall include a rendered elevation, showing all signs in relation to the structure. The theme of such signing shall be approved as a part of plans for new multi -tenant commercial or industrial developments, and shall be an integral part of the development." 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 27th day of January, 1998, by the following vote: AYES: Bowler, Reviczky, Mayor Edgerton NOES: None ABSTAIN: Oakes ABSENT- o' ; / Benz �RRES.IDENT of the City Aouncil `MAYOR of the City Of Hermosa ermosa B ATTEST:,& APPROVED AS TO FO City Clerk U City E -3- California ,- • 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. 98-1179 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 January, 1998, and was published in the Easy Reader newspaper on February 6, 1998. The vote was as follows: • AYES: Bowler, Reviczky, Mayor Edgerton NOES: None ABSENT- Benz ABSTAIN: Oakes DATED: February 6, 1998 Deputy City Clerk CJ 4 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 Ange- les, and which newspaper has been adjudged a news- paper 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 news- paper and not in any supplement thereof on the follow- ing dates, to -wit: February 5 • all in the year 1998. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, this 5th day of February 1998. — C�� 61�1� Signature EASY READER, INC. P.O. BOX 427 832 HERMOSAAVENUE, HERMOSA BEACH, CA 90254 Telephone: (310) 372-4611 0 Proof of Publication of: CITY OF HERMOSA BEACH HBL98-103 (see attached page) -117q • • CITY OF HERMOSA BEACH ORDINANCE NO. 98-1179 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE TO INCORPORATE CERTAIN POLICIES PREVIOUSLY SET FORTH IN POLICY STATEMENTS. 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 November 18,1997, at which the Commission recommended adoption of an ordinance to incorporate previously adopted "policy state- ments" into the Zoning Ordinance. SECTION 2. The City Council conducted aduly noticed public hearing to consider the recommendation of the Planning Commission, at which tes- timony 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 finding: 1. Certain established policies of the Planning Commission that were matters of interpretation of certain provisions in the Zoning Ordinance, previously set forth in "policy statements:' had questionable legal status, and should be incorporated into the Zoning Ordinance. 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 17.44.090(C) first paragraph to read as follows: "C. In residential zones, garages or parking stalls fronting on a public street shall be set back a minimum of seventeen (17) feet from the exterior edge of the nearest public improvement (sidewalk or street improvement) if roll -up garage doors are installed, or set back twenty (20) feet if standard garage doors are installed. On streets where public improvements for sidewalks have not been completed the above set- back shall be measured from the edge of the required or planned side- walk. This measurement does not include structural supports or other parts of the structure provided packing dimension and turning radii are not obstructed:' 2. Add the following new Section to Chapter 17.46,Yard, Height and Area Restrictions: "17.46.152 FrontYard Requirements forThrough 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 dwell- ing units on the block are fronting. B. The following list indicates which frontage is designated the front yard for various blocks with through lots: ThnwghLots Located Between: FronMrdShall BePresidedOn: Ava Avenue and Ardmore Avenue AvaAvenue Ave Avenue and Springfield Street Springfield Avenue Barney Court and Meyer Court BameyCourt Bonnie Brae Street and Campana Street Bonnie Brae Street Monterey Boulevard and Culper Court Monterey Boulevard Monterey Boulevard and Loma Drive Monterey Boulevard Monterey Boulevard and Morningside Dr. Monterey Boulevard 15th Place and 16th St. (E. of Mira Street) 15th Place The Strand and Hermosa Avenue Both The Strand and Hermosa Avenue (See Exception Below) C. Exception for The Strand/Hermosa Avenue Through Lots: New de- velopments shall be required to provide front yards on both The Strand and Hermosa Avenue. For existing developed properties and remod- eling and expansion projects thereon The Strand shall be designated the front yard. Forthe purposes of calculating required open space in the various residential zones, the Strand front yard area may be counted towards the open space requirement.' 3. Add the following new Section to Chapter 17.46,Yard, Height and Area Restrictions: "17.46.154 Yard Requirements for "Half -Lots" Fronting on Alleys The side of the lot facing the alley is considered the front yard, but the applicable yard requirement is three (3) feet from the property line on the ground floor and one (1) foot on the second floor and above:' 4. Amend Section 17.50.040(C) "Comprehensive Sign Plan"to read as follows:. "C. Comprehensive Sign Plan to be Required on Proposed Commer- cial Developments. The applicant shall submit a sign plan for the devek opment showing the location, size, color and, if possible, copy for all signs proposed for the site; the sign plan shall include a rendered eleva- tion, showing all signs in relation to the structure. The theme of such signing shall be approved as a part of plans for new multi -tenant com- mercial or industrial developments, and shall be an integral part of the development:' SECTION S. 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, aweekly newspaper of general circulation published and cir- culated, 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 27th day of January,1998, by the following vote: AYES: Bowler, Reviczky, Mayor Edgerton NOES: None ABSTAIN: Oakes • ABSENT: Benz SamY. Edgerton PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: Elaine Doerfling City Clerk APPROVED ASTO FORM: Michael Jenkins City Allomey ER2-5-98rHBL98-103 r 0 • ORDINANCE NO. 98-1180 1 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH REPEALING CHAPTER 5.72 OF THE HERMOSA BEACH 3 MUNICIPAL CODE, ADDING A NEW PART 5.72 THERETO, AND REVISING 4 REGULATIONS APPLICABLE TO TAXICAB OPERATORS AND DRIVERS. 5 The City Council of the City of Hermosa Beach hereby does ordain as follows- 6 SECTION 1. Chapter 5.72 of the Hermosa Beach Municipal Code regulating 7 taxicab operations within the City of Hermosa Beach is hereby repealed. 8 SECTION 2. A new Chapter 5.72 of the Hermosa Beach Municipal Code is hereby 9 added to read as follows: 10 11 CHAPTER 5.72 — AUTOMOBILES FOR HIRE AND TAXICAB OPERATIONS 12 5.72.010 Purpose 13 5.72.020 Definitions 14 5.72.030 Permit Required for Automobile for Hire 15 and Taxicab Service 16 5.72.040 Permit Required for Automobile for Hire 17 and Taxicab Drivers 18 5.72.050 Application for Automobile for hire and 19 Taxicab Service Permit 20 5.72.060 Issuance of Automobile for Hire and 21 Taxicab Service and Automobile for hire 22 and Taxicab Driver Permits 23 5.72.070 Grounds for Denial or Revocation of Automobile 24 for Hire and Taxicab Service Permit 25 5.72.080 Conditions of Approval 26 5.72.090 Transfers 27 5.72.100 Permit Fees 28 •1- L�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 5.72.110 Requirements Applicable to Automobile for Hire and Taxicab Drivers and service operators. 5.72.120 Taxicab Stands 5.72.130 Taximeters - Required 5.72.140 Revocation of Permits 5.72.150 Suspension 5.72.160 Appeal Procedures 5.72.170 Exemptions 5.72.010 Purpose. The purpose of this Chapter is to provide rules and regulations governing the operation and permitting of automobile for hire and taxicab companies, and automobile for hire and taxicab drivers. The further purpose of this Chapter is to serve as the taxicab and automobile for hire transportation service policy of the City of Hermosa Beach as required to be adopted by California Government Code Section 5307.5(b). 5.72.020 Definitions. As used in this Part, the following terms shall have the meanings set forth below: Automobile for hire shall mean every motor -propelled vehicle, or pedal powered taxi (Pedicab), other than taxicabs, used for the transportation of passengers for hire from one location within the City to another location within the City or beyond, at rates per mile, per trip, per hour, per day, per week, or per month. Automobile for hire service shall mean a business which provides automobiles or pedal powered taxi for hire for transportation service to persons within the City. City Manager means the City Manager of the City of Hermosa Beach or a designee thereof. Driver means any person driving a taxicab either as owner or under the direction, employment, control, or service of the owner as herein defined. -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 Owner means every person having control, whether by a ten percent (10%) or greater ownership interest, lease or otherwise of any taxicabs for hire. Person means and includes both singular and plural, and means and includes any individual, firm, corporation, association, partnership, or business entity, exclusive of public agencies. Taxicab means any vehicle designed to carry not more than eight (8) persons, excluding the driver, and which is used to provide taxicab service as defined in this Part. Taxicab service means any public passenger transportation service utilizing taxicabs and available for hire on call or demand over the public streets of the City where the service is not provided over a defined route, but is between such points and over such routes as may be directed by the person(s) hiring the same, and irrespective of whether the operations extend beyond the area of the corporate limits of the City. The term "taxicab service" shall include the act of picking up any passenger in the City, but shall not include the sole act of delivering any passenger to a location within the City. 5.72.030 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 permit to do so pursuant to the provisions of this Chapter, 5.72.040 Permit required for automobile for hire and taxicab drivers. It is unlawful for any person to drive an automobile for hire or taxicab for hire in the City without having a permit to do so pursuant to the provisions of this Chapter. 5.72.050 Application for automobile for hire and taxicab service permit. Any person desiring to obtain a permit to operate a taxicab service under this part, or to renew a permit, shall submit a written application to the City Manager on an application form provided by the City Manager. Applications shall be signed under penalty of perjury and shall -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 contain the following: A. The legal name, actual street address and phone number of the applicant If j the applicant is a corporation, the name shall be exactly as set forth in its articles of incorporation. Additionally, the names and addresses of all directors, any stockholder holding ten (10) percent or more of the shares of the corporation, and the name and address of an officer who is duly authorized to accept service of legal process shall be included. A corporate applicant shall also provide a Certificate of Domestic Stock Ownership. If the applicant is a partnership, the names and addresses of each general partner shall be stated. If one (1) or more of the partners is a corporation, the provisions of this subsection pertaining to a corporate applicant shall apply. If the applicant is a cooperative, member stock -type operation, service organization, or association, the application shall include the names, addresses and business phone number of each of the officers, directors and each stockholder owning any portion of any stock organization or association as well as the address to which notice, when required, is to be sent or mailed, and the names of every individual authorized to accept service of process on behalf of the applicant. If the automobile for hire or taxicab service is advertised to the public and operates under a name other than the name of the applicant, that name shall be included as well. The applicant shall give all fictitious business names used in Los Angeles County in the last five (5) years, B. The street address from which the applicant conducts or will conduct the automobile for hire or taxicab service business, as well as the location at which the vehicles will be garaged and where dispatch will be conducted. A person may not use a post office box, mailbox, message service, or other similar device as the actual street address of the business for purposes of this chapter. A post office box, mailbox, message service, or other similar device can be used as the mailing address of the business for business purposes only; C. Number of vehicles to be operated under the permit; D. The make, type, year, manufacturer, and passenger seating of the vehicles to be used by the applicant, together with evidence satisfactory to the City Manager that each taxi or auto for hire proposed to be utilized has been safety inspected within a period of ma 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 time satisfactory to the City Manager, and otherwise complies in all respects with any and all applicable laws, rules, and regulations; E. The proposed color scheme, insignia or other distinguishable characteristics of the taxicab or auto for hire to be used, including the type of illuminated sign to be mounted on the top of the vehicle, if any, and legend thereon; F. Evidence satisfactory to the City Manager of having procured comprehensive general liability and automobile liability insurance which will insure and indemnify the applicant and the passengers riding in the taxicab against liability or financial loss resulting from injury occurring to persons or passengers from the operation of such vehicles in an amount not less than $100,000 for bodily injury to any person, $350,000 for any one accident, and $50,000 for any property damage. 1. The policy insurer must be either a carrier licensed by the State of California to sell commercial automobile liability in the State of California and be an admitted carrier member of the California Insurance Guarantee Fund, or maintain an AM Best rating of "A" or better for non -admitted carriers (with proof of licensing or rating to be provided by applicant.) 2. The policy shall be primary and not contributing to any other insurance maintained by the City; 3. The policy shall name the City, the City Council, its officers, agents, and employees as additional insureds; 4. The policy shall provide the City Manager with thirty (30) days prior notice of any cancellation or modification of the policy. 5. As a condition of the permit, the permittee agrees to indemnify, defend, and save harmless the City, its agents, officers and employees from and against any and all liability, expense, including defense costs and legal fees and claims for damages of any nature whatsoever, including but not limited to: bodily injury, death, personal injury, or property damage arising from or connected with the permittee's activities, including any worker's compensation suits, liability or expense, arising from or connected with -5- r� 2 3 4 5 6 7 8 9 10 11 12 13 • ]4 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 services performed by or on behalf of the permittee by any person pursuant to this permit. G. Legal and registered ownership of the vehicles to be used by the applicant. H. Prior experience of the applicant in the auto for hire or taxicab business including the details of any prior denial, revocation or suspension by any public agency of any type of taxicab service or taxicab driving permit, license or certificate; I. The names of each driver to be employed who will operate a taxicab or auto for hire in the City and a copy of any and all current licenses of each driver necessary to operate a taxicab or auto for hire; J. A statement by the applicant that no driver employed or to be employed has been convicted of driving under the influence of alcohol or drugs within the previous five (5) years; K. Rates to be charged to the public throughout the term of any permit issued; L. Unless otherwise provided by law, evidence that the applicant has procured workers compensation insurance covering any and all drivers to be employed by the applicant should a taxicab service permit be issued. M. Evidence satisfactory to the City Manager establishing that the applicant has complied and currently complies with the provisions of California Government Code Section 5307.5 (b) (3), or any successor provision thereto, pertaining to pre-employment and periodic testing of drivers for controlled substances and alcohol, and with provisions therein pertaining to payment for drug and alcohol testing programs and related reporting requirements. The applicant shall also provide evidence satisfactory to the City Manager that each driver to be utilized in the City has tested negative for drugs and alcohol no more than one (1) month prior to employment or within the previous six (6) months, whichever is later, N. The names, addresses and telephone numbers of no less than two (2) individuals who may be contacted twenty-four (24) hours a day, seven (7) days a week by the City in case of an emergency. -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 O. An explanation of how the permittee will provide service to people with disabilities which make it difficult to use conventional taxicabs. P. Such further information pertinent to the operation of the proposed taxicab or automobile for hire service, including but not limited to the business backgrounds of the officers and directors, certified business financial statements, and lease arrangements as either the City Manager or the Police Chief may require. Q. A public convenience and necessity proposal which must contain the following information: 1. Provisions demonstrating the need and necessity of an automobile for hire or taxicab service, including an estimate of the need for the automobile for hire or taxicab service in the City. This shall include, but not be limited to, any survey, study or other preparation of facts which demonstrates the need for a taxicab or auto for hire service in such operating area. 2. The history of the organization, and the manner in which it is organized including, without limitation, the date of formation, the business commencement date(s), and all business locations in California during the last five (5) years. R. Any other information that the City Manager deems necessary. 5.72.060 Issuance of taxicab service or automobile for hire service, and taxicab driver or automobile for hire driver permits. Upon the furnishing of all of the information required by Section 5.72.050 and payment of the required fee, the City Manager shall determine whether or not the applicant has satisfied all requirements of this Chapter, The City Manager may initiate an investigation of facts for each application with the appropriate City or County agencies including, but not limited to, the City's Police Department. If the City Manager finds that all requirements of this part have been satisfied, an annual taxicab service or auto for hire service permit shall be issued. The permit shall be deemed to authorize use of only those drivers and taxicabs/automobiles described in the application. -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 An application which is not complete shall be returned to the applicant along with a list of the deficiencies. The application shall be deemed abandoned if, within fourteen (14) calendar days from the first class mailing of any notice from the City, the application is not received by the City with all of its defects entirely corrected. A taxicab or auto for hire driver's permit shall be issued to each qualified driver listed in the taxicab or auto for hire service application and to each qualified driver subsequently listed with the City by the taxicab or auto for hire service applicant. Such permit shall be valid so long as the driver continues to satisfy all requirements of this Chapter and the driver's taxicab or auto for hire service employer maintains a current taxicab or auto for hire service or until the taxicab or auto for hire driver's permit may be revoked as provided herein. Different drivers may be utilized by a permitted taxicab or auto for hire service provided all driver information required as part of the taxicab or auto for hire service permit application process is provided to the City Manager in writing at least ten (10) days prior to such driver commencing to operate any taxicab or auto for hire in the City. Use of any additional or different taxicab or auto for hire shall require City's prior written consent. Any applicant denied a taxicab or auto for hire service permit, or renewal of same, shall be notified in writing of such denial and the grounds upon which such denial is based. 5.72.070 Grounds for denial or revocation of taxicab or automobile for hire service permit. A taxicab or auto for hire service permit may be denied or revoked on the following' grounds: A. Failure to maintain vehicles in good and safe order and in compliance with all laws; B. Any false, misleading or fraudulent statement made on an application submitted under this part; C. Failure to pay any fees as required under this Chapter; D. Repeated and persistent violations by the permittee or the permittee's drivers -8- 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 of the traffic laws of the City, County or State; E. Employment of a driver providing taxicab or auto for hire services within the City who does not have a valid taxicab or auto for hire driver's permit or renewal thereof issued pursuant to this Chapter; F. Employment of a driver providing taxicab or automobile for hire services within the City who does not have a valid California Driver's License as required by law; G. Repeated and persistent poor safety record, and/or a record of complaints, with respect to the operation of the automobile for hire or taxicab service within the City or other operating areas outside the City; H. Charging rates in excess of the amounts stated in the permit application; I. Failure to procure, post or maintain in effect approved comprehensive automobile liability insurance as required under Section 5.72.050(F) of this Chapter, A temporary lapse in insurance coverage may result in immediate suspension pursuant to Section 5.72.150 below. Repeated or continued failure to maintain the insurance required under this Chapter will result in revocation pursuant to Section 5.72.140,- I .72.140; I Commission, by either an applicant, his or her agent or employee, or any person connected or associated with the applicant as a partner, director, officer, stockholder, associate or manager, of a crime involving moral turpitude which is substantially related to the business activity for which the license is sought or issued; K. Failure to comply with all applicable health, zoning, fire, building and safety laws of the State of California and the City for buildings, structures, premises or equipment located within the City and used to conduct the automobile for hire or taxicab service activity; L. Commission or assistance in the commission, by either an applicant, his or her agent or employee, or any person connected or associated with the applicant as a partner, director, officer, stockholder, associate or manager, of any act or act of omission which would be grounds for disciplinary action pursuant to this Chapter; M. Resulting detriment to the public health, safety or welfare due to the -9- 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 establishment of the automobile for hire or taxicab service; N. Violation by the applicant, or any of his or her employees or agents, of any rule or regulation adopted by any governmental entity with respect to the applicant's operation of an automobile for hire or taxicab service either within the City or in other operating areas; O. Determination by the City Manager that the permit is not justified by public convenience and necessity. In making this determination, the City Manager may take into account all facts which are deemed pertinent and proper, including but not limited to, whether or not: 1. The applicant has complied with all of the provisions of the City's Municipal Code; 2. The applicant is financially responsible and under efficient management; 3. The applicant is capable of providing safe and prompt taxicab or auto for hire service; 4. The proposed insignia and color scheme for the applicant's taxicabs or automobile for hire do not conflict with any existing permittee operating within the City so as to deceive or tend to deceive the public. Upon such finding, the applicant may amend such application to designate a different color scheme or insignia; 5. The applicant has presented evidence sufficient to justify operation of a specified number of taxicabs or autos for hire in the City, 6. The applicant has sufficient liability insurance coverage to operate a taxicab or auto for hire service. P. Failure to comply with the requirements of Section 5.72. 110 of this Chapter. Q. Violation of, or failure to satisfy any requirements contained in any of the provisions of this Chapter, 5.72.080 Conditions of Approval A. Right to Condition Permit. The City Council may condition any permit at 10- 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 01.0 any time in order to ensure that the automobile for hire or taxicab operation will comport' with the public health, safety, and welfare. Further, the City Council may condition such permit where it finds that grounds for denial or revocation of the permit exist or that the manner in which the business has been conducted or operated is detrimental to the public health, safety and welfare. The permittee shall sign an affidavit affirming his or her acceptance of the conditions. B. Application to Change Conditions. The City Council may change, modify or eliminate any conditions previously placed on the permit upon its own motion or upon written request of the permittee if it finds that the reasons for the original imposition of such conditions have been cured or no longer exist. Applications to change conditions shall be noticed and set for public hearing in a manner consistent with Sections 5.72.140 and 5.172.150 of this Chapter. 5.72.090 Transfers. No permit issued under this Chapter shall be sold, transferred, assigned, mortgaged or otherwise conveyed without the consent of the City Manager, Any sale, transfer, assignment, mortgage or otherwise conveying any such permit without consent and approval of the City Manager shall render the permit automatically void. 5.72.100 Permit Fees. A. Every person engaging in or carrying on the business of taxicab or auto for hire service shall pay an annual vehicle permit fee as established by resolution of the City Council. Required fees shall be paid at the time an application for a permit or renewal thereof is submitted under this Chapter. B. Every vehicle permit issued under this Chapter shall terminate at the expiration of one year from the date of its issuance unless revoked prior to said termination. Any renewal of a permit issued under this Chapter shall be pursuant to the same requirements, procedures, provisions and regulations set forth in this Chapter for an original 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 permit, except as otherwise herein provided. A person holding a taxicab or auto for hire vehicle permit may not drive a taxicab or auto for hire without also possessing a current taxicab or auto for hire driver's permit and otherwise satisfying all requirements of this Chapter pertaining to City approval of taxicab and auto for hire drivers. Every taxicab or auto for hire vehicle permittee shall provide written notification to the City Manager upon the termination of any taxicab or auto for hire driver possessing a City taxicab or auto for hire driver's permit. 5.72.110 Requirements applicable to taxicab and automobile for hire drivers. Every taxicab and auto for hire driver and/or service operator shall be jointly and severally responsible for all of the following requirements. Each taxicab and auto for hire service operator: A. Shall maintain, at all times in full force and effect, insurance as required by Section 5.72.050(F) of this Chapter. B. Shall maintain, at all times, a valid business license to operate a taxicab or automobile for hire service within the City of Hermosa Beach. Each taxicab and auto for hire driver: A. Shall keep an accurate, legible record of all passengers carried, the pick up and drop off points, and the date and time carried. This record shall be available for up to one year for review by the City Manager, B. Shall not, when otherwise available for hire, refuse to transport anyone requesting a ride except under the following circumstances: 1. The transportation requested is such that the driver may not legally accept such passenger; 2. The driver has reasonable cause to believe that the proposed passenger will refuse to pay or cannot pay the fare; or 3. The proposed passenger is disorderly, engaged in the commission of any crime, or is otherwise unfit to be transported as a passenger, 12- L 0 2 3 4 5 6 7 8 9 10 11 12 13 C. Shall wear a photo I.D. badge identifying the driver's association with a permitted taxicab or auto for hire service; D. Shall keep the taxicab or auto for hire in good mechanical condition and in compliance with any and all applicable rules and regulations; E. Shall charge only those rates as submitted on the application or such rates as have been approved by the City Manager in writing; F. Shall display in full view of passengers in both the front and the rear seat, in letters and figures which are clearly legible and not less than one-quarter (1/4") inch high (1) a schedule of rates to be charged and (2) a notice that a schedule of customary rates from the City's major points of interest is available upon request. The schedules shall have printed thereon the name of the taxicab or auto for hire permittee under which the taxicab or auto for hire is permitted to operate and the business address and telephone number' where comments or complaints regarding the taxicab or auto for hire service may be 14 11 directed; 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 G. Shall keep the taxicab or auto for hire in a clean and sanitary condition; H. Shall participate in periodic testing for controlled substances and alcohol, shall report the results thereof as specified in Government Code Section 53075.5 (b) (3), shall test negative for drugs and/or alcohol as required in said Code Section, and shall carry in his or her vehicle a certificate of compliance with the provisions described in this subsection. I. Shall not permit any person to operate a taxicab unless such person is authorized to operate a taxicab pursuant to this part; J. Shall not stop for or accept any passenger except at such areas as may be authorized by the City; or where the taxicab or auto for hire driver has driven a passenger to a particular location and is waiting for such passenger; or when picking up a passenger who has contacted the taxicab or auto for hire driver's employer and requested taxicab or auto for hire service; K. Shall drive passengers to their point of destination by the most direct 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 practical route, unless specifically directed otherwise by such passengers; L. Shall, when engaged, provide current passengers with exclusive right to use of the passenger compartment, without picking up additional passengers, unless otherwise expressly permitted by the City)- M. ity;M. Shall immediately report the fact of any revocation of any permit required to operate a taxicab or auto for hire within the City; N. Shall surrender the taxicab or auto for hire driver's permit to the City if no longer employed by a City permitted taxicab or auto for hire service; O. Shall fulfill the following equipment requirements: 1. Automobiles for hire and taxicab equipment. a. A trunk device which will permit the opening of the trunk lid from the inside of the trunk: b. A permanent fixture to display the taxicab or auto for hire driver's permit in prominent view of the passengers; c. Prominent signs giving the name and telephone number of the taxicab or auto for hire permittee and the taxicab or auto for hire number on the sides of the vehicle. The taxicab or auto for hire number shall also be conspicuously displayed on the rear portion and inside the vehicle; d. No fewer than four (4) working doors, except that handicapped accessible mini -van may be used; e. A fire extinguisher; f. Four (4) flares; g. At least two (2) emergency reflectors; h. Spare tire and jack; i. Windows which patrons can open from inside; and, j. Working headlights, taillights, turn -signals, back-up lights, and brake lights, including the "cyclops" or third brake light, if the car has been manufactured in 1988 or later. 14- 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. Taxicab equipment. In addition to the equipment requirements of Subsection (1) above, every taxicab into which passengers are accepted for transportation within the City shall have the following equipment: a. A taximeter, as defined in this chapter; and, b. A radio transmitter and receiver capable of two (2) way communication with a dispatcher. 3. Prohibited Equipment. No automobile for hire or taxicab shall be equipped with scanners or other devices which can be used to intercept radio signals and dispatches sent to specific destinations. 4. Equipment Waiver Conditions. Notwithstanding the provisions of the Chapter, the City Council, following application, notice and public hearing, may waive any equipment requirement upon a showing of good cause by any applicant or permittee. Such waiver shall be specified on the permittee's permit and any applicable vehicle permit. P. Shall maintain a valid California Driver's License at all times; and, Q. Shall perform a yearly inspection of all vehicles operating within the City as part of his or her automobile for hire or taxicab service. Such inspection shall be made by a certified automotive repair dealer, Each automobile for hire or taxicab permittee shall provide the City with written confirmation, signed by that repair dealer, that the vehicles have been inspected and are in good working order within ten (10) days of the inspection. Automobiles for hire or taxicabs which have been inspected pursuant to the requirements of the City or County of Los Angeles taxicab regulations may submit proof of such inspections in lieu of the inspection required herein. The taxicab or auto for hire driver's permit of any taxicab or auto for hire driver found to have violated any provision of this Chapter, may be revoked as provided herein. 5.72.120 Taxicab Stands. A. At its discretion, the City Council may permit the City Manager to locate, 15- 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 designate, and approve taxicab stands which shall be available for the exclusive use of City approved taxicabs; B. Established taxicab stands shall be in operation twenty-four (24) hours of every day, unless otherwise provided by the City Manager; and, C. No taxicab shall remain standing unless it is attended by a driver, except when necessary to assist passengers in loading or unloading. 5.72.130 Taximeters - Required. A. Except as otherwise provided by law, each taxicab shall be equipped with a taximeter that has been inspected and certified by the county division of weights and measures. Each taximeter shall have affixed to it written or other evidence that such taximeter has been so inspected and is currently certified. B. Except as otherwise provided by law, it is unlawful for any person operating a taxicab to operate such vehicle unless it has approved rates conspicuously posted for passenger observation, and unless it is equipped with a taximeter of such type and design as approved by a county division of weights and measures. It shall be the duty of every permittee hereunder using any taximeter to, at all times, keep such meter accurate. Such meters shall be subject to inspection from time to time by any police officer of the City or any authorized inspector delegated to this purpose. Upon the discovery of any inaccuracy of a taximeter, the permittee shall remove or cause to be removed any vehicle equipped with such taximeter from the streets of the City until such taximeter has been correctly adjusted and certified by the county division of weights and measures. 5.72.140 Revocation of permits. In the event the City Manager has reasonable cause to believe that grounds exist to revoke any permit issued hereunder as provided herein, a written notice of intent to revoke shall be served by first class mail upon the permit holder. Unless timely appealed, the revocation shall be effective as of midnight on the date specified in the notice which shall not be less than twenty-one (21) 16- • 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 calendar days thereafter. The notice shall state the grounds for revocation and shall be served upon the permittee by delivering the same personally or by mailing by first class mail addressed to the permittee at his or her place of business or residence. Any taxicab or auto for hire service operator or driver having a permit revoked shall not be eligible to apply for another permit for six (6) months after the effective date of such revocation. The City Manager, at his or her discretion may, instead of revocation provide a permit holder with an opportunity to cure certain violations, or may place certain conditions on the permit as provided for in Section 5.72.080 of this Chapter. 5.72.150. Suspension. Any permit described under this Chapter may be immediately suspended if deemed necessary due to an immediate threat to the public health, safety or welfare, or a lack of insurance as required by this Chapter. Repeated failure to maintain insurance as required by this Chapter will result in revocation pursuant to Section 5.72.140. Any suspension pursuant to this Section shall not exceed fifteen (15) days pending a hearing in a manner consistent with Section 5.72.160 of this Chapter. 5.72.160. Appeal procedures. Any taxicab or auto for hire service permit applicant denied a permit pursuant to this Part, or any permittee in receipt of a notice of intent to revoke, may appeal such denial or intent to revoke to the City Council by filing with the City Manager a written notice of appeal within ten (10) business days of the date of permit denial or of service of the notice of intent to revoke. The City Council may hear appeals directly or in its sole discretion may appoint a hearing officer to hear any appeal and make a recommendation to the City Council. Upon receipt of a timely, written request for appeal, the City Clerk shall set a hearing to occur within forty-five (45) days before the Council or its designated hearing officer and shall provide written notice of same by first class mail to the appellant. The City Council shall sustain or overrule with conditions, the denial or intended -17- 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 revocation upon written findings within thirty (30) days of the conclusion of the hearing. 5.72.170. Exemptions. This Chapter shall not apply to any public transportation service being performed pursuant to a contract with the City or with any other public entity in this state. SECTION 3. Time for compliance. Each automobile for hire or taxicab service and respective drivers performing service within the City on the effective date of this Ordinance shall have sixty (60) days therefrom to obtain any and all permits required hereunder. SECTION 4. Penalty for violation. 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 this Ordinance. Any person, firm, partnership, or corporation violating any provision of this Ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by fine not exceeding one thousand dollars ($1,000.00) or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each such 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 this Ordinance is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this Ordinance. SECTION 5. Remedies available. A violation of any of the provisions of this Ordinance I shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for abatement of such nuisance. SECTION 6. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason deemed or 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 portion of this Ordinance. The City Council of the City of Hermosa Beach hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion 18- 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 thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or other portions might subsequently be declared invalid or unconstitutional. SECTION 7. This ordinance shall become effective and be in full force and effect from and after thirty (30) days of its final passage and adoption. SECTION 8. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of general circulation published and circulated, in the City of Hermosa Beach in the manner provided by law. SECTION 9. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 10th day of March, 1998, by the following vote: AYES: NOES: ABSTAIN ABSENT- BSENT ATTEST- ATTEST- Bowler, Bowler, Oakes, Reviczky, Mayor Edgerton None None Benz of the City Council and R'of the City of Hermosa Beach, California APPROVED AS TO FORM: 19- 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. 98-1180 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 day of March, 1998, and was published in the Easy Reader newspaper on March 19, 1998. • The vote was as follows: AYES: Bowler, Oakes, Reviczky, Mayor Edgerton NOES: None AB SENT - Benz ABSTAIN: None DATED: March 19, 1998 `J Deputy City Clerk 0 PROOF OF PUBLICATION (2015.5C.C.P.) WATE 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: March 19 • all in the year 1998. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, this 19th day of March 1998. 6 2-X 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 CITY OF HERMOSA BEACH ORDINANCE NO. 98-1180 Ordinance No. 98-1180 establishes new rules and regu- lations governing the operation of taxicabs and automobiles for hire in the City of Hermosa Beach. The Ordinance requires that all operators of taxicabs and automobiles for hire obtain a permit in order to operate in the City, and requires compliance with certain standards of opera- tion, including insurance, main- tenance of equipment, compli- ance with State standards on drug and alcohol testing, finan- cial responsibility, maintaining a satisfactory safety record and similar such matters- The ordi- nance also requires each driver of a taxicab or automobile for hire to obtain a permit. Provisions are included govern- ing the process for applying for and issuing permits, denial of permits and suspension and revocation of permits under pre- scribed circumstances. Under the ordinance, the City may limit the number of taxicabs operating in the City and prescribe the location of taxi stands. The ordi- nance was adopted by the fol- lowing vote: Ayes: Bowler, Edgerton, Oakes, Revizcky No: Benz A full copy of the ordinance is posted in the office of the City Clerk at the City Hall: 1315 Valley Drive, Hermosa Beach, CA 90245. ER3-19-98JHBL9&104 icki Proof of Publication of: CITY OF HERMOSA BEACH CITY OF HERMOSA BEACH ORDINANCE NO. 98-1180 Ordinance No. 98-1180 establishes new rules and regu- lations governing the operation of taxicabs and automobiles for hire in the City of Hermosa Beach. The Ordinance requires that all operators of taxicabs and automobiles for hire obtain a permit in order to operate in the City, and requires compliance with certain standards of opera- tion, including insurance, main- tenance of equipment, compli- ance with State standards on drug and alcohol testing, finan- cial responsibility, maintaining a satisfactory safety record and similar such matters- The ordi- nance also requires each driver of a taxicab or automobile for hire to obtain a permit. Provisions are included govern- ing the process for applying for and issuing permits, denial of permits and suspension and revocation of permits under pre- scribed circumstances. Under the ordinance, the City may limit the number of taxicabs operating in the City and prescribe the location of taxi stands. The ordi- nance was adopted by the fol- lowing vote: Ayes: Bowler, Edgerton, Oakes, Revizcky No: Benz A full copy of the ordinance is posted in the office of the City Clerk at the City Hall: 1315 Valley Drive, Hermosa Beach, CA 90245. ER3-19-98JHBL9&104 rM 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 ORDINANCE NO. 98-1181 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA REGARDING COLLECTION OF THE UTILITY USERS TAX BY ELECTRICITY PROVIDERS AND AMENDING CHAPTER 3.36 OF THE HERMOSA BEACH MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. Findings A. The City of Hermosa Beach imposes a tax upon every person in the City using electricity in the City. B. As a result of the restructuring of the electric power industry in California, an electrical energy supplier may be a different entity than the person, business or entity providing billing services for such electrical use. C. The person, business or entity providing billing services is the logical entity to collect electrical utility user taxes. D. This ordinance does not impose, increase or extend the electrical utility user tax, and thus is not subject to voter approval. SECTION 2. Subsection A of Section 3.36.050 of Chapter 3.36 of Title 3 of the Hermosa Beach Municipal code is amended to read as follows: A. There is imposed a tax upon every person in the City using electrical energy in the City. The tax imposed by this section shall be at the rate of six percent of the charges made for such energy and shall be paid by the person paying for such energy. "Charges" as used in this section, shall include charges made for: (1) energy; (2) distribution and transmission; (3) metering; (4) stand-by reserves, firming, ramping, voltage support, regulation, emergency, or other similar services; (5) minimum charges for such services, including customer charges, service charges, demand charges, fuel or other cost adjustments, independent system operator (ISO) charges, stranded investment or competitive transition charges (CTC), public goods surcharge, franchise fee, franchise surcharge; and (6) all other annual and monthly charges or 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 surcharges for electricity services or programs, which are authorized by the California Public Utilities Commission or the Federal Energy Regulatory Commission, whether or not such charges appear on a bundled or line item basis on the customer billing. "Charges" shall also include the value of any other services, credits, property, or other consideration provided by the service user in exchange for the energy or services related to the provision of such energy. SECTION 3. Subsection C of Section 3.36.050 of Chapter 3.36 of Title 3 of the Hermosa Beach Municipal Code is amended to read as follows: C. The tax imposed in this section shall be collected from the service user by the billing agent, or person, business or entity that provides billing collection services for electrical power generation and distribution within the City. The amount of tax collected in one month shall be remitted to the tax administrator on or before the last day of the following month; or at the option of the person, business or entity required to collect and remit the tax, an estimated amount of tax, measured by the tax billed in the previous month, shall be remitted to the tax administrator on or before the last day of each month. Remittance of tax may be predicated on a formula based upon the payment pattern of the supplier's customers. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason deemed or 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 portion of this Ordinance. The City Council of the City of Hermosa Beach hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or other portions might subsequently be declared invalid or unconstitutional. SECTION 5. This ordinance shall become effective and be in full force and effect from and after thirty (30) days of its final passage and adoption. N -2- I • 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 is 28 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 28th day of July, 1998, by the following vote: AYES: Bowler, Oakes, Reviczky NOES: Mayor Pro Tempore Benz ABSTAIN: None ABSENT- Mayor Edgerton PRESIDENT of the City U1 Ult; 1,16y Ul rM 111USd DedUll, 1,A1110II11a ATTEST- APPROVED AS TO FORM: -3- 0 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. 98-1181 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 July, 1998, and was published in the Easy Reader newspaper on August 6, 1998. • The vote was as follows: AYES: Bowler, Oakes, Reviczky NOES: Mayor Pro Tempore Benz ABSENT- Mayor Edgerton ABSTAIN: None DATED: August 6, 1998 Deputy Lity Lierx • PROOF OF PUBLICATION (2015.5C.C.P.) OSTATE 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: August 6 0 all in the year 1998. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, this 6th day of August 1998. 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 HBL08118 See Attached Page CITY OF HERMOSA BEACH ORDINANCE AV: ^;-1181 AN ORDINANCE OF THE CI11:01" HERMOSA BEACH, CALIFORNIA' REGARDING COLLECTION OF THE UTILITY USERS TAX BY ELECTRICITY PROVIDERS AND AMENDING CHAPTER 3.36 OF THE HERMOSA BEACH MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. Findings A. The City of Hermosa Beach imposes a tax upon every person in the City using electricity in the City. B. As a result of the restructuring of the electric power indus- try in California, ari electrical energy supplier may be a different entity. than the person, business or entity providing billing services for such electrical use. C. The person, business or entity providing billing services is the logical entity to collect electrical utility user taxes. D. This ordinance does not impose, increase or extend the electrical utility user tax, and thus is not subject to voter approval. SECTION 2. Subsection A of Section 3.36.050 of Chapter 3.36 of Title 3 of the Hermosa Beach Municipal code is amended to read as follows: A. There is'imposed a tax upon every person in the City using elec- trical energy in the City. The tax imposed by this section shall be at the rate of six percent of the charges made for such energy and shall be paid by the person paying for such energy. "Charges" as used in this section, shall include charges made for: (1) energy; (2) distribution and transmission; (3) metering; (4) stand-by reserves, firming, ramping, voltage support, regulation, emergency, or other similar services; (5) minimum charges for such services, includ- ing customer charges, service charges, demand charges, fuel or other cost adjustments, independent system operator (ISO) charges, strand- ed investment or competitive transition charges (CTC), public goods surcharge, franchise fee, franchise surcharge; and (6) all otherannual and monthly charges or surcharges for electricity services or programs, which are authorized by the California Public Utilities Commission or the Federal Energy Regulatory Commission, whether or not such charges appear on a bundled or line item basis on the customer billing. "Charges" shall also include the value of any other services, credits, property, or other consideration provided by the service user in exchange for the energy or services related to the provision of such energy. SECTION 3. Subsection C of Section 3.36.050 of Chapter 3.36 of Title 3 of the Hermosa Beach Municipal Code is amended to read as follows: C. The tax imposed in this section shall be collected from the service user by the billing agent; or person, business or entity that provides billing collection services for electrical power generation and distribu- • tion within the City. The amount oftax collected in one month shall be remitted to the tax administrator'on or before the last day of the follow- ing month; or at the option of the person, business or entity required to collect and remit the tax, an estimated amount of tax, measured by the tax billed in the previous month, shall be remitted to the tax adminis- tiator on or before the last day of each month. Remittance of tax may be predicated on a formula based upon the payment pattern of the sup- plier's customers. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdic- tion, such decision shall not affect the validity of the remaining portion of this Ordinance. The City Council of the City of Hermosa Beach here- by declares that it would have adopted this Ordinance and each sec- tion, subsection, sentence, clause, phrase or portion thereof, irrespec- tive of the fact that any one or more sections, subsections, sentences, clauses, phrases or other portions might subsequently be declared invalid or unconstitutional. 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 pub- lished and circulated, in the City of.Hermosa Beach 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 ordi- nances 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 28th day of July, 1998, by the following vote: AYES: ' Bowler, Oakes, Reviczky NOES: Mayor Pro Tempore Benz ABSTAIN: None ABSENT: Mayor Edgerton Robert Benz PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California e • ATTEST: APPROVED AS TO FORM: Jenkins Elaine Doerflina Michael City Clerk City Attorney ER8S98IHBL98-118 LJ 2 3 4 5 6 7 8 9 10 11 12 13 • 14 U 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 98-1182 AN ORDINANCE OF THE CITY OF HERMOSA BEACH AMENDING PROVISIONS OF CHAPTER 5.72 OF THE HERMOSA BEACH MUNICIPAL CODE PERTAINING TO INSURANCE REQUIREMENTS OF REGULATIONS APPLICABLE TO TAXICAB OPERATORS AND DRIVERS The City Council of the City of Hermosa Beach hereby does ordain as follows: SECTION 1. Section 5.72.050 F. of Chapter 5.72 of the Hermosa Beach Municipal Code is hereby amended to read as follows: "F. Evidence satisfactory to the City Manager of having procured comprehensive general liability and automobile liability insurance which will insure and indemnify the applicant and the passengers riding in the taxicab against liability or financial loss resulting from injury occurring to persons or passengers from the operation of such vehicles in an amount not less than $100,000 for bodily injury to any person, $300,000 for any one accident and $50,000 for any property damage;" SECTION 2. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason deemed or 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 portion of this Ordinance. The City Council of the City of Hermosa Beach hereby declares that it would have adopted this Ordinance and each section, subsection, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or other portions might subsequently be declared invalid or unconstitutional. SECTION 3. This ordinance shall become effective and be in full force and effect from and after thirty (30) days of its final passage and adoption. SECTION 4. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly 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 5. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED, and ADOPTED this 28th day of July, 1998, by the following vote: AYES: Bowler, Oakes, Reviczky, Mayor Pro Tempore Benz NOES: None ABSTAIN.- None ABSENT- Mayor Edgerton n PRESIDENT of the City Council and ATTEST - or the t-ity or riermosa tseacn, t-aiirorma APPROVED AS TO FORM: -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. 98-1182 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 July, 1998, and was published in the Easy Reader newspaper on August 6, 1998. • The vote was as follows: AYES: Bowler, Oakes, Reviczky, Mayor Pro Tempore Benz NOES: None AB SENT - Mayor Edgerton ABSTAIN: None DATED: August 6, 1998 I Deputy City Clerk • PROOF OF PUBLICATION (2015.5C.C.P.) TATE 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: August 6 • all in the year 1998. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, this 6th day of August 1998. / 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 HBL98119 CITY OF HERMOSA BEACH ORDINANCE NO. 98-1182 AN ORDINANCE OF THE CITY OF HERMOSA BEACH AMENDING PROVISIONS OF CHAPTER 5.72 OF THE HERMOSA BEACH MUNICIPAL CODE PERTAINING TO INSURANCE REQUIREMENTS OF REGULATIONS APPLICABLE TO TAXICAB OPERATORS ANIS DRIVERS The City Council of the City of Hermosa Beach hereby does ordain as follows: SECTION 1. Section 5.72.050 F. of Chapter 5.72 of the Hermosa Beach Municipal Code is hereby amended to read as follows: "F. Evidence satisfactory to the City Manager of having procured comprehensive general liability and automobile liability insurance which will insure and indemnity the applicant and the passengers rid- ing in the taxicab against liability or financial loss resulting from injury occurring to persons or passengers from the operation of such vehicles . in an amount not less than $100,000 for bodily injury to any person, $300,000 for any one accident and $50.000 for any_property damage;" SECTION 2. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decisipn shall not affect the validity of the remaining portion of this Ordinance. The City Council of the City of Hermosa Beach hereby declares that it would have adopted this Ordinance and each section, subsection, clause, phrase, or portion thereof, irrespec- tive of the fact that any one or more sections, subsections, sentences, clauses, phrases, or other portions might subsequently be declared invalid or unconstitutional. SECTION 3. This ordinance shall become effective and be in full force and effect from and after thirty (30) days of its final passage and adoption. SECTION 4. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be pub- lished 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 adop- tion of this ordinance, shall enter the same in the book of original ordi- nances of said city, and shall make minutes of the passage and adop- tion 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 July, 1998, by the following vote: AYES: Bowler, Oakes, Reviczky, Mayor Pro Tempore Benz NOES: None ABSTAIN: None ABSENT: Mayor Edgerton Robert Benz PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California_ ATTEST: APPROVED AS TO FORM: Elaine Doerflino Michael Jenkins City Clerk City Attorney ER88981HBL98-119 19 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 r 27 28 ORDINANCE NO. 98-1183 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTERS 12.20 AND 12.28 OF THE MUNICIPAL CODE BY ADDING NEW PROVISIONS DESIGNATING THE STRAND, CERTAIN BIKEWAYS, SOUTH PARK AND CERTAIN SKATEBOARD FACILITIES AS RECREATIONAL AREAS IN WHICH IN—LINE SKATING IS PERMITTED; AND AMENDING CHAPTER 12.28 BY ADDING A NEW PROVISION REQUIRING THE USE OF SAFETY EQUIPMENT AT PUBLICLY—OWNED OR PUBLICLY—OPERATED SKATEBOARD FACILITIES THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 12.20 is hereby amended by adding thereto a new Section 12.20.224 to read as follows: "Section 12.20.224. Designated Recreational Areas. The following areas are designated recreational areas in which in-line skating is permitted: 1. The Strand; and, 2. The bike path between 24th Street and the northern City Limit." SECTION 2. Chapter 12.28 is hereby amended by adding a new Section 12.28.044 to read as follows: "Section 12.28.044. Designated Recreational Areas. The following areas are designated recreational areas in which in-line skating is permitted: 1 South park, including, but not limited to, the roller hockey rink; and, 2. Any publicly -owned or publicly -operated skateboard facility, unless otherwise specifically excluded from this designation by resolution of the City Council." SECTION 3. Chapter 12.28 is hereby amended by redesigning Section 12.28.180 as Section 12,.28.190, and adding a new Section 12.28.180 to read as follows: "Section 12.28.180. Requirements for the use of publicly -owned or publicly - operated skateboard facilities. Every person riding a skateboard or in-line skating at a publicly - owned or publicly -operated facility that is designed and maintained for the purpose of recreational -1- 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 skateboard use must wear a helmet, elbow pads, and knee pads." SECTION 4. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, that decision will not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have adopted this ordinance, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. 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 10th day of September, 1998, by the following vote: AYES: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES: None ABSTAIN: ABSENT- None None PRESIDENT of the City Coun6l ands -2- of the Lity of Hermosa tseacn, Lainornla VEDA TO FORM: ` II -L - L_ 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. 98-1183 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 day of September, 1998, and was published in the Easy Reader newspaper on September 24, 1998. The vote was as follows: AYES: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES: None ABSENT- None ABSTAIN: None DATED: September 28, 1998 Deputy City Clerk PROOF OF PUBLICATION (2015.5C.C.P.) *TATE 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: ER September 24 all in the year 1998. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, this 24th day of 1998. September ature EASY READER, INC. • P. 0. BOX 427 832 HERMOSA AVENUE, HERMOSA BEACH, CA 90254 Telephone: (310) 372-4611 Proof of Publication of: CITY OF HERMOSA BEACH ••I 1:x•1 (Please see attached page.) • • • _ -a1 CITY OF HERMOSA BEACH ORDINANCE NO. 98-1183. ! K ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, MENDING CHAPTERS, 12.20 AND 12.28 OF THE MUNICIPAL CODE BY ADDING NEW PROVISIONS DESIGNATING THE.STRAND, CERTAIN BIKEWAYS, SOUTH PARK AND -CERTAIN SKATEBOARD FACILITIES AS RECREATIONAL AREAS IN WHICH IN-LINE SKATING IS PERMITTED;. AND AMENDING CHAPTER 12.28 BY ADDING A NEW PROVISION REQUIRING THE USE OF SAFETY EQUIPMENT"AT PUBLICLY -OWNED OR PUBLICLY -OPERATED SKATEBOARD FACILITIES THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HERE- BY ORDAIN AS FOLLOWS: SECTION 1. Chapter 12.20 is hereby amended by adding thereto a new Section 1.2.20224 to read as follows: "Section 12.20.224. Designated Recreational Areas. The following areas are designated recreational areas in which in-line skating is permitted: 1. The Strand; and, 2: The bike path between 24th Street and the northern -City Limit." SECTION 2: Chapter 12.28 is hereby amended by adding anew Section 12.28.044 to read as follows: "Section 12.28.044. Designated Recreational Areas. The - following areas are designated recreational areas in which in-line skating is'permitted: _ 1. South park, including, but not limited to, the roller hockey rink; and, 2. Any publicly -owned or publicly -operated skateboard facility, unless otherwise specifically excluded from this designation.by resolution of the City Council." SECTION 3.Chapter 12.28 is hereby amended by redesigning Section 12.28.180.as Section 12,.28.190, and adding anew Section 12.28.180 to read as follows: "Section -12.28.180. Requirements for the use of publicly - owned -or publicly -operated skateboard facilities. Every person riding a skateboard or in-line skating at a publicly -owned or publicly -operated facility -that is designed and maintained for the purpose of recreational skateboard use'must wear a helmet, elbow pads,'and knee pads." SECTION 4. If any section,. subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, that decision will not affect the validity of the remaining portions of this ordinance: The City Council declares that it would have adopted this ordinance, and each sec- tion, subsection, sentence, clause and phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences,•clauses, or Phrases be declared invalid or unconstitutional. SECTION.5.This.ordinance shall become effective and be in full force an_d'effect from and after Ithirty (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 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 September, 1998, by the following vote: AYES: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES: None ABSTAIN: None ABSENT: None Robert Benz PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST. APPROVED AS TO FORM: Elaine Doerflina Michael Jenkins City,Clerk, City Attorney ' ER September 24, 1998/HBD905 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 ORDINANCE NO. 98-1184 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING MAP FROM R-3 (MULTI -FAMILY RESIDENTIAL) TO SPECIFIC PLAN AREA #6, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION, FOR THE PROPERTY LOCATED AT 1837 PACIFIC COAST HIGHWAY AND LEGALLY DESCRIBED AS A PORTION OF LOT 18, AND THE SOUTHERLY 17.12 FEET OF LOT 19, SECOND ADDITION TO HERMOSA BEACH The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows: Section 1. An application was filed by Sunrise Assisted Living Development, Inc., lessee of property owned by the Beach Cities Health District at 1837 Pacific Coast Highway (legally described as portions of lots 18 and 19, second addition to Hermosa Beach), seeking to amend the Zoning Map for a portion of said property. Section 2. The Planting Commission conducted a duly noticed de novo public hearing to consider the application for a Zone Change on August 18, 1998, and, based on the testimony and evidence received, recommended approval of the requested zone change. Section 3. The City Council conducted a duly noticed de novo public hearing to consider the recommendation of the Planning Commission, at which testimony and evidence, both written and oral, was presented to and considered by the City Council. Section 4. Based on evidence received at the public hearing and the recommendation and the findings made by the Planning Commission, the City Council makes the following factual findings: 1. The requested change is to change the portion of the property owned by the Beach Cities Health District which is currently zoned R-3 to be consistent with the northerly portion zoned SPA 6 and therefore make the entire property designated SPA 6. H H 4- • 2 3 4 s 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 2s 26 27 • 28 2. The S.P.A. 6 zone is a high density residential zone, with basic standards for residential development pursuant to the standards of the R-3, but includes an exception to allow consideration of higher densities and lower parking ratios per unit for senior housing projects. Section 5. Based on the foregoing factual findings, evidence received at the public hearing, and the recommendation and the findings made by the Planning Commission, the City Council makes the following findings pertaining to the Zone Change: 1. The Zone Change will make the entire property consistent in terms of its zoning designation, allowing the consideration of senior housing development for the entire site, recognizing that the market feasibility to develop housing for senior citizens requires additional density and/or relaxation of parking requirements. 2. The subject property to be redesignated is appropriate for high density residential use and housing for senior citizens as it is abutted by residential uses on all sides, and is located along a highly traveled urban corridor allowing for convenient access to services and amenities desired by senior citizens. 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 4. Based on the foregoing, the City Council hereby ordains that City of Hermosa Beach Official Zoning Map be amended as follows: Amend the Zoning Map by changing the properties, as described below and shown on the attached map, from (R-3 Multi -Family Residential) to S.P.A. 6 (Specific Plan Area No. 6): A portion of lot 18, and the southerly 17.2 feet of lot 19, Block 81, Second addition to Hermosa Beach, also known as a portion of 1837 Pacific Coast Highway 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. -2- • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 21 22 23 24 25 26 27 28 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 27th day of October, 1998, by the following vote: AYES: Bowler, Edgerton, Reviczky, Mayor Benz NOES: None ABSTAIN: ABSENT- Oakes None PRESIDENT of the City ATTEST - City Clerk YOR of the City of Hermosa Beach, California -3- City Attorney AS TO 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. 98-1184 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 October, 1998, and was published in the Easy Reader newspaper on November 5, 1998. The vote was as follows: AYES: Bowler, Edgerton, Reviczky, Mayor Benz NOES: None AB SENT - None ABSTAIN: Oakes DATED: November 9, 1998 lmlw�' cao_ Deputy 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 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: November 5, 1998 all in the year 1998. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, this - Sth day of November 1998. Signature EASY READER, INC. P. O. BOX 427 832 HERMOSA AVENUE, HERMOSA BEACH, CA 90254 Telephone: (310) 372-4611 r 4( Proof of Publication of: CITY OF HERMOSA BEACH HBL98-124 Please see next sheet. l CITY OF HERMOSA BEACH ORDINANCE NO. 98-1184 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING MAP FROM R-3 (MULTI -FAMILY RESIDENTIAL) TO SPECIFIC PLAN AREA #6, 'AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION, FOR THE PROPERTY LOCATED AT 1837 PACIFIC COAST HIGHWAY AND LEGALLY DESCRIBED AS A PORTION OF LOT 18, AND THE SOUTHERLY 17.12 FEET OF LOT 19, SECOND ADDITION TO HERMOSA BEACH The Planning Commission -of the City of Hermosa Beach does hereby resolve and order as fol- lows: Section 1. An application was filed by Sunrise Assisted Living Development, Inc., lessee of property owned by the Beach Cities Health District at 1837 Pacific Coast Highway (legally described as portions of lots 18 and 19; second addition to Hermosa Beach), seeking. to amend the Zoning Map for a por- tion of said property. Section 2. The Planning Commission conducted a duly noticed de novo public hearing to consider the application for a Zone Change on August 18, 1998, and, based on the testimo- ny and evidence received, rec- ommended 'approval • of the requested zone change. Section 3. The City Council conducted a duly noticed de novo public hearing to consider the recommendation of the Planning Commission, at which testimony and evidence, both written and oral, was presented_ to and considered by the City Council. Section 4. Based on evidence • received at the public hearing and the recommendation and the findings made by the Planning Commission, the City- Council makes the following factual find- ings: ' 1. The requested change is to change the portion of the-, property owned by the Beach Cities Health District which is cur-, rently zoned R-3 to be consistent with the northerly portion zoned SPA 6 and therefore make the entire properly designated SPA 6. 2. The S.P.A. 6 zone is a high density residential zone, with basic standards for residen- tial development pursuant to the standards of the R-3,,, but includes an exception to allow consideration'of'higher densities .and lower parking ratios per unit for senior housing projects. Sections. Based on the fore- going factual findings, evidence received at the public hearing, and the recommendation and the findings made by the Planning Commission, the City Council makes the following findings per- taining to the Zone Change: 1. The Zone Change will make the entire property consis- tent in terms of its zoning desig- nation, allowing the consideration of senior housing development for the entire site, recognizing that the market feasibility to develop housing for senior citi- zens requires additional density andlor relaxation of narking requirements. 2. The subject property to be redesignated is appropriate for high density residential use and housing for senior citizens as it is abutted by residential uses on all sides, and is located along a highly traveled urban corridor allowing for convenient access to services and amenities desired by senior citizens. 3. The City Council con- curs 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 qual- ifies for a Negative Declaration. Wig, Based on the fore- going,.the City Council hereby ordains that City of . Hermosa Beach 'Official -`Zoning Map be amended as follows: Amend the . Zoning Map by changing the properties, 'as deschbed .below and shown on the` attached .map, from (R-3 Multi -Family Residential) to S.P.A. 6 (Specific Plan Area No. 6): A portion of lot 18, and the southerly 17.2 feet of lot 19, Block 81, Second addi- tion to Hermosa Beach, also known as a portion of 1837 Pacific Coast Highway ctl9n5.This ordinance shall become effective and be in , full force and. effect from and after thirty (30) days of `ds •f nal passage and adoption. Section 6. Prior to the expira- tion of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of general 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 adop- tidn 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 October, 1998, by the following vote: AYES: Bowler, Edgerton, Reviczky, Mayor Benz NOES: None ABSTAIN: Oakes ABSENT: None Robert Benz PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California. ATTEST: Elaine Doerfiing City Clerk APPROVED AS TO FORM: Michael Jenkins City Attorney ER November 5,19984fBL 98-124 • C • ORDINANCE NO. 98-1185 WAS NOT ADOPTED 0 0 1 ORDINANCE NO. 98-1186 2 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, 3 ADDING CHAPTER 17.53 TO THE HERMOSA BEACH MUNICIPAL 4 CODE RELATING TO HISTORIC RESOURCES PRESERVATION 5 6 THE CITY COUNCIL HEREBY RESOLVES AND ORDERS AS FOLLOWS: 7 SECTION 1. The Planning Commission held a duly noticed public hearing on October 20, s 1998, at which the Commission recommended adoption of a historic resources preservation ordinance as 9 an added chapter to the Zoning Ordinance. 10 SECTION 2. The City Council conducted a duly noticed public hearing on October 27, 1998, 11 to consider the recommendation of the Planning Commission, at which testimony and evidence, both 12 written and oral, was presented to and considered by the Council. 13 SECTION 3. Based on the evidence considered at the public hearing, the City Council makes 14 the following findings: 15 1, In the interest of protecting the public peace, health, safety and welfare of the citizens of 16 Hermosa Beach, it is important to preserve the City's historic, cultural, and architecturally 17 significant resources, which may include improvements, buildings, structures, landscapes, 18 signs, features, sites, places, or area of scientific, aesthetic, educational, cultural, 19 architectural, or historic significance to the citizens of the City. 20 2. The Land Use Element of the General Plan also refers to the need to preserve 21 architectural and historically significant resources located within the City. 22 3. Currently, no protections are in place to prevent the alteration or destruction of historic, 23 cultural, and architecturally significant resources. 24 4. The adoption of laws to protect and preserve historic resources can provide the 25 following social and economic benefits to the citizens of Hermosa Beach: 26 a) Safeguard the City's heritage by encouraging the protection of landmarks 27 representing significant elements of its history, • 28 b) Foster civic and neighborhood pride and a sense of identity based on an appreciation -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 of the City's past and the recognition and use of historic resources; c) Enhance the visual character of the City by preserving diverse architectural styles reflecting phases of the City's history and by encouraging complementary contemporary design and construction; d) Strengthen the economy of the City by protecting and enhancing the City's attractions to residents, tourists, and visitors; e) Stabilize and improve property values within the City by recognizing historic landmarks and by protecting areas of historic buildings from encroachment by incompatible designs; 0 Promote the enjoyment and use of historic resources appropriate for the education and recreation of the people of the city; g) Integrate the preservation of historic resources and the extraction of relevant data from such resources into public and private land management and development processes; h) Conserve valuable material and energy resources by ongoing use and maintenance of the existing built environment; and SECTION 4. Based on the foregoing, the City Council hereby ordains that the Hermosa Beach Municipal Code, Title 17 -Zoning, be amended to add Chapter 17.53, to read as follows: "CHAPTER 17.53. HISTORIC RESOURCES PRESERVATION Sec. 17.53.010. Title This chapter shall be known as the "Hermosa Beach Preservation Ordinance." Sec. 17.53.020. Purpose and intent. The purpose of this chapter is to promote the public health, safety, and general welfare by providing for the identification, protection, enhancement, perpetuation, and use of historic resources such as buildings, structures, sites, and places within the City that reflect special elements of the City's architectural, artistic, cultural, historical, political, and social heritage for the following reasons: -2- • 1 A. To safeguard the City's heritage by encouraging the protection of landmarks 2 representing significant elements of its history; 3 B. To foster civic and neighborhood pride and a sense of identity based on an 4 appreciation of the City's past and the recognition and use of historic resources; 5 C. To enhance the visual character of the City by preserving diverse 6 architectural styles reflecting phases of the City's history and by encouraging 7 complementary contemporary design and construction; 8 D. To strengthen the economy of the City by protecting and enhancing the 9 City's attractions to residents, tourists, and visitors; 10 E. To stabilize and improve property values within the City by recognizing I t historic landmarks and by protecting areas of historic buildings from encroachment by 12 incompatible designs; 13 F. To promote the enjoyment and use of historic resources appropriate for the • 14 education and recreation of the people of the city; 15 G. To integrate the preservation of historic resources and the extraction of 16 relevant data from such resources into public and private land management and 17 development processes; 18 H. To conserve valuable material and energy resources by ongoing use and 19 maintenance of the existing built environment; and 20 I. To take whatever steps are reasonable and necessary to safeguard the 21 property rights of owners whose property is declared to be a landmark. 22 Sec. 17.53.030. Area of application 23 This chapter shall apply to all historic resources, publicly and privately owned, 24 within the corporate limits of the City of Hermosa Beach. 25 Sec. 17.53.040. Definitions. 26 A. Alteration means any exterior or interior changes or modification of any 27 landmark including, but not limited to, exterior or interior changes to or modifications to a • 28 structure or any of its architectural details or visual characteristics, including paint color and 3- / , 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 79 surface texture, grading, surface paving, and new structures. B. Certificate of Appropriateness means a certificate approving such plans, specifications, design, or statements of work, for any proposed alteration, restoration, demolition, removal, or relocation, in whole or in part, of or to improvements relative to designated landmarks, or landmarks contemplated for historic preservation designation as reflected in Planning Commission Resolution No. 98-65. C. Council means the City Council. D. Demolition means any acts that destroys in whole or in part a building, structure, or improvement. E. Exterior and interior architectural feature means the architectural styles, design, general arrangement, components, natural features and all the outer surfaces of an improvement, including, but not limited to, the kind and texture of the building material, the type and style of all, windows, doors, lights, signs, walls, fences, and other fixtures appurtenant to such improvement. F. Historic resource means any improvement, building, structure, landscape, sign, feature, site, place, or area of scientific, aesthetic, educational, cultural, architectural, or historic significance to the citizens of the City, including, but not limited to the resources identified in Planning Commission Resolution No. 98-65. G. Improvement means any building, structure, place, wall, fence, gate, sign, landscaping, or other object constituting a physical alteration of real property, or any part of such alteration. H. Landmark means any improvement that has historical, cultural, aesthetic or architectural character or value, or which represents one or more architectural periods or styles typical to the history of the City, and that has been designated as a landmark pursuant to this chapter. I. Ordinary maintenance means any cleaning, painting, or similar work that does not result in the alteration of an improvement. I Person means any individual, association, partnership, firm, corporation, -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 is 28 public agency, or political subdivision. K. Relocation means the displacement of any improvement within the same site. L. Removal means the displacement of any improvement from the site. M. Restoration means the act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work. Sec. 17.53.050. Powers and duties. The City Council shall have the following powers and duties in the implementation of this chapter A. Study, review, conduct public hearings, and make decisions regarding proposed designations and removal of designations of landmarks. B. Maintain a register of landmarks within the City. C. Determine an appropriate system of markers for landmarks. D. Adopt application and submittal requirements for Certificates of Appropriateness to alter, restore, demolish, remove, or relocate any landmark. E. Review and render decisions regarding all alteration, restoration, demolition, removal, and relocation proposals related to landmarks in conjunction with applications for Certificates of Appropriateness pursuant to this Chapter. F. Develop, or cause to be developed, and recommend to the City Council a program of incentives for preservation of historic resources. Sec. 17.53.060. Landmark designation criteria. For the purposes of this chapter, an historic resource may be designated a landmark, pursuant to Sections 17.53.070 through 17.53.120 of this Chapter, if it meets one or more of the following criteria: A. It exemplifies or reflects special elements of the City's cultural, social, economic, political, aesthetic, engineering, or architectural history; or B. It is identified with persons or events significant in local, state, or national history, or -5- 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 C. It embodies distinctive characteristics of a style, type, period, or method of construction, or is a valuable example of the use of indigenous materials or craftsmanship; or D. It is representative of the notable work of a builder, designer, or architect; or E. Its unique location or singular physical characteristic(s) represents an established and familiar visual feature or landmark of a neighborhood, community, or the City. Sec. 17.53.070. Nomination and application requirements, landmark. Nominations of an historic resource as a landmark shall be made by the City, or by application of the property owner or property owners representing a majority or controlling interest in the property on which the resource is located. Sec. 17.53.080. Minimum eligibility requirement, landmark. In order to be eligible for consideration as a landmark, an historic resource must be at least 50 years old; with the exception that an historic resource of at least 30 years old may be eligible if the Council determines that the resource is exceptional, or that it is threatened by demolition, removal, relocation, or inappropriate alteration. Sec. 17.53.090. Delay of work pending hearing. Once a nomination or completed application has been accepted for the designation of a landmark; no building, alteration, demolition, removal, or relocation permits for any historic resource, improvement, building, or structure relative to a proposed landmark, shall be issued until a final determination is made regarding the proposed designation, except as provided under Section 17.53.200 of this Chapter, Sec. 17.53.100 Council study and determination. Not more than 45 days from the nomination or the acceptance of a completed application for the designation of a landmark, a public hearing shall be scheduled before the Council to study the proposed designation and to determine its eligibility and qualifications. Notice of the date, place, time and purpose of hearings shall be given by first class mail to the owner(s) of all nominated resource(s) at least ten days prior to the date of the public -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 hearing, using the names and addresses of such owners as shown on the latest equalized' assessment rolls and shall be advertised in a newspaper of general circulation at least ten days prior to the hearing. The Council may also give such other notice as they deem desirable and practicable. Following the public hearing, but within no more than 70 days from the date of the initial hearing, the Council shall decide to approve, in whole or in part, or disapprove the designation. All decisions to approve or disapprove designations shall be made by resolution, and shall set forth the findings and reasons relied upon in making the determination. The time limit for making a decision may be extended at the request or with the concurrence of the applicant(s). Sec. 17.53.110. Notice of designation, City departments. Notice of the designation of a landmark shall be transmitted to all appropriate City departments and any other interested governmental and civic agencies. Each City department shall incorporate the notice of designation into its records, so that future decisions or permissions regarding or affecting a landmark shall be made with the knowledge of the designation. Sec. 17.53.120. Removal of designation. A. In the event of substantial destruction of a landmark, the owner or owners of a landmark may apply for removal of designation. The City Council may also initiate removal in such circumstances. The removal of a designation for this reason shall be processed and decided in the same manner as designations as set forth in this Article, with the additional requirement that the determination of substantial destruction shall be set forth in the findings of the Council. B. The complete demolition or removal of a landmark shall result in the removal of the landmark designation. C. Once a landmark designation has been removed, affected properties shall no longer be subject to any provision or regulation of this ordinance. Sec. 17.53.130. Use of California Historical Building Code. -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 is 28 All repairs, alterations, restorations, or changes in use of existing buildings and structures designated as landmarks may conform to the standards of the California Historical Building Code as an alternative to complying with building standards set forth in Title 15 of this Code, notwithstanding the fact that such buildings may be nonconforming. Sec. 17.53.140. Certificate of Appropriateness required. A. No person shall alter, restore, demolish, remove, or relocate any interior or exterior improvement or architectural feature of a landmark or potential landmark on a list of historic resources established by City Council being considered for landmark status, or alter, restore, place, erect, remove, or relocate any permanent sign visible from a public right-of-way without being granted a Certificate of Appropriateness, except as provided under Section 17.53.200 of this Chapter. Approval of such work shall be required even if no other permits or entitlements are required by the City. B. Minor Alterations. The Council may, by resolution, adopt a list of those types of alterations that are subject to approval of a Certificate of Appropriateness that are deemed to be "minor" in nature. The Council may modify the list of minor alterations from time to time by resolution as circumstances warrant. Applications for Certificates of Appropriateness involving only minor alterations shall be reviewed pursuant to procedures in Section 17.53.150(E). Sec. 17.53.150. Review procedures for Certificates of Appropriateness. The following procedures shall be followed in processing applications for Certificates of Appropriateness. A. Application. An application shall be filed by the applicant with the City Clerk. B. Application Materials. Such application shall be accompanied by such materials as are required by the Community Development Department that are reasonably necessary for the proper review of the proposed project. C. Noticing. (1) Minor alterations. No public noticing shall be required for -8- 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 i1 -A applications for Certificates of Appropriateness involving only minor alterations. (2) All applications other than minor alterations. For applications involving other than minor alterations, public notice shall be provided pursuant to Section 17.68.050 of the Zoning Ordinance. D. Economic Hardship. In cases where the applicant intends to seek approval on the basis of economic hardship, the following material shall be submitted as part of the application: (1) For all property; (a) Form of ownership or operation of the property, whether sole proprietorship, for-profit or not-for-profit corporation, limited partnership, joint venture, or other method; (b) The amount paid for the property, the date of purchase and the party from whom purchased, including a description of the relationship, if any, between the owner and the person from whom the property was purchased; (c) Remaining balance on any mortgage or other financing secured by the property; (d) Estimated market value of the property both in its current condition, and after completion of the proposed demolition, relocation, or removal, to be presented through an appraisal by a qualified professional expert; (e) A report from a licensed engineer or architect with experience in rehabilitation as to the structural soundness of the structure and its suitability for rehabilitation; (f) An estimate from an architect, developer, real estate consultant, appraiser, or other real estate professional experienced in rehabilitation as to the economic feasibility or reuse of the existing structure on the property; -9- 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) The assessed value of the land and improvements thereon according to the two most recent assessments; (h) Real estate taxes for the previous two (2) years; (i) Annual debt service, if any, for the previous (2) two years; (j) All appraisals obtained within the previous two (2) years by the owner or applicant in connection with his purchase, financing or ownership of the property. (k) All listing of the property for sale or rent, price asked and offers received, if any, and (1) Any consideration by the owner as to profitable adaptive uses for the property. (2) For income-producing property: (a) Annual gross income from the property for the previous two (2) years; (b) Itemized operating and maintenance expenses from the previous two (2) years; (c) Annual cash flow, if any, for the previous two (2) years. E. Review of Applications Involving Minor Alterations. Applications for Certificates of Appropriateness involving only minor alterations shall be reviewed by the Director of Community Development Department, subject to the following provisions: (1) The Director shall complete his/her review and mail notice to the applicant within 30 days of the date of the acceptance of a completed application of his/her decision to approve or conditionally approve the application or to forward the application to the Council for a decision. The notice of decision shall state the findings and reasons relied upon in reaching the decision. The time limit for Director action may be extended upon the request or with the concurrence of the applicant. (2) Where the decision of the Director is to conditionally approve the -10- 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 application, the decision of the Director shall be final and conclusive unless, within 12 days of the date of notice of the decision, the applicant files with the Planning Division a written appeal setting forth all the points of disagreement with the Director. (3) Where the application has been forwarded or appealed to the Council, the application shall be heard by the Council at its next available regular meeting, and the Council shall complete its review and render a decision to approve, approve with conditions, or deny a Certificate of Appropriateness within 45 days of the initial hearing. Decisions of the Council shall be in writing and shall state the findings and reasons relied upon in reaching the decision. F. Review of Other Applications. Applications for Certificates of Appropriateness other than for minor alterations shall be reviewed by the Council, subject to the following provisions: (1) The Council shall complete its review and make a decision within 75 days of the date of the acceptance of a completed application. The time limit for Council action may be extended (1) upon the request or with the concurrence of the applicant; or (2) for failure of the applicant to provide any reasonable additional information or material requested by the Council during the course of its review. (2) Decisions of the Council shall be in writing and shall state the findings and reasons relied upon in reaching the decision. (3) For applications for all work other than to demolish or remove a landmark or structure, the Council shall decide to approve, approve with conditions, or deny a Certificate of Appropriateness. (4) For applications to wholly or partially demolish or remove a landmark, the Council shall decide to approve a Certificate of Appropriateness or to initiate a period of delay prior to granting approval. The delay of approval shall not exceed ninety (90) days. The length of the delay shall be determined in accordance with its intended purpose (e.g. compiling photographic records or arranging for -11- 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 removal to another site). The Council may extend any period of delay for up to an additional ninety (90) days for good cause, except in cases where it has determined a condition of economic hardship to exist. If no alternative arrangements have been completed by the expiration of the period of delay or any extension thereof, a Certificate of Appropriateness shall be issued without the need for further action by the Council. (5) For applications seeking approval on the basis of a finding of economic hardship, the Council shall first review the application on the basis of criteria contained in Section 17.53.170(D). If the applicable conditions are determined to not exist, then the application shall be reviewed on the basis of the criteria contained in Sections 17.53.170 (A) -(C). Prior to making a final determination in such cases, the Council shall have the authority to invoke a period of delay. Such a period of delay shall not exceed sixty (60) days. During this delay, the Council shall investigate alternative means to allow for a reasonable use or return from the property or to otherwise preserve the property. Sec. 17.53.160. Criteria for Approval of Certificates of Appropriateness. The City Council shall issue a Certificate of Appropriateness only when it determines the following conditions to exist as applicable in each case: A. In the case of a landmark, the proposed work (other than demolition or removal); (1) Conforms to the prescriptive standards adopted by the Council; and (2) Will not detrimentally alter, destroy or adversely affect any exterior improvement or exterior architectural feature and (3) Will retain the essential elements that make the resource significant. B. In the case of construction of a new building, structure, or improvement on a site where a landmark is located: (1) The exterior of such improvements will not adversely affect and will be compatible with the external appearance of the existing designated 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 improvements, buildings and structures on such site. C. In the case of the whole or partial demolition or removal of a landmark: (1) The structure and/or site is a hazard to public health or safety and repairs or stabilization are not physically possible; or (2) The site is required for a public use which will be of more benefit to the public than the historic resource, and there is no feasible alternative location for the public use; or (3) Removal of the resource to another site is not feasible or practical; or (4) For a partial demolition or removal, such action will not result in the loss of the essential elements that make the resource significant; or (5) Any imposed delay of approval or extension thereof has expired. D. In the case where the applicant has requested consideration for approval on the basis of economic hardship: (1) It is not feasible to remove the resource to another site or otherwise preserve it; and (2) The denial of the proposed work will work an immediate and substantial hardship on the applicant because of conditions peculiar to the particular improvement; and (3) The property cannot be put to a reasonable use or the owner cannot obtain a reasonable economic return therefrom without approval of the proposed work. Sec. 17.53.170. Expiration of Certificate of Appropriateness. A Certificate of Appropriateness shall lapse and become void eighteen (18) months (or shorter period if specified as a condition of approval) from the date of final approval, unless a building permit (if required) has been issued and the work authorized by the Certificate has commenced prior to such expiration date and is diligently pursued to completion. Upon request of the property owner, a Certificate of Appropriateness may be extended by the Council for an additional period of up to twelve (12) months. The Council 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 may approve, approve with conditions, or deny any request for extension. Sec. 17.53.180. Revocation of Certificate of Appropriateness. A Certificate of Appropriateness may be revoked or modified for reasons of (1) noncompliance with any terms or conditions of the Certificate; (2) noncompliance with any provisions of this Chapter; or (3) a finding of fraud or misrepresentation used in the process of obtaining the Certificate. Revocation proceedings may be initiated by motion of the Council. Once revocation proceedings have been initiated, all work being done in reliance upon such Certificate or associated permits shall be immediately suspended until a final determination is made regarding the revocation. The decision to revoke a Certificate of Appropriateness shall be made by the Council following a public hearing, with written notice provided to the property owner at least ten days prior thereto. Sec. 17.53.190. Ordinary maintenance and repair. Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior improvement or exterior architectural feature that does not involve a change in design, material or external appearance thereof, nor does this Chapter prevent the alteration, restoration, demolition, removal, or relocation of any such improvement or architectural feature when the Director certifies to the Council that such action is required for the public safety due to an unsafe or dangerous condition and cannot be accomplished under the California Historical Building Code. Sec. 17.53.200. Duty to keep in good repair. The owner, occupant or other person in actual charge of a landmark building structure or improvement, shall keep in good repair the exterior portions of all such buildings, structures, or improvements, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior improvement or exterior architectural feature. Sec. 17.53.210. Enforcement. A. It shall be the duty of the Director of Community Development Department or the Director's delegate to administer and enforce the provisions of this chapter, 14- 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. Methods of enforcement. In addition to the regulations of this chapter, other regulations of the Hermosa Beach Municipal Code, and other provisions of law which govern the appeal or disapproval of applications for permits, licenses or Certificates of Appropriateness covered by this chapter, the Director shall have the authority to implement the enforcement thereof by serving notice requiring the removal of any violation of this Chapter upon the owner, agent, occupant or tenant of the improvement, building, structure or land. C. Methods of enforcement. In addition to the foregoing remedies, the City Attorney may institute any necessary legal proceedings to enforce the provisions of this Chapter, including the ability to maintain an action for injunctive relief to restrain or enjoin or to cause the correction or removal of any violation of this Chapter, or for an injunction in appropriate cases. Sec. 17.53.220. Penalties. For any action or development covered by this Chapter that is undertaken without the issuance of a Certificate of Appropriateness or that is undertaken without full compliance with the terms and conditions of an issued Certificate of Appropriateness, the Director shall order the action stopped by written notice. It shall be a misdemeanor for any person to carry out any work on any building, structure, improvement, or property in violation of a notice stopping such work or in violation of this Chapter." SECTION 5. Urgency Ordinance No. 97-1177U shall be repealed with adoption of this Chapter. SECTION 6. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council hereby declares that it would have passed this ordinance and each sections subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. SECTION 7. This ordinance shall become effective and be in full force and effect from -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 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 a summary of this ordinance to be published in the Easy Reader, a weekly newspaper of general circulation published and circulated, in the City of Hermosa Beach in the manner provided by law. SECTION 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. SECTION 10. The requirements of Section 17.53.140 shall not apply to work performed pursuant to a permit issued under Section 5 of Ordinance No. 96-1168-U following a determination by the City Council that the preservation purposes of this Ordinance have been fulfilled. PASSED, APPROVED and ADOPTED this 10th day of November, 1998, by the following vote: AYES: Bowler, Edgerton, Reviczky, Mayor Pro Tempore Oakes NOES: None ABSTAIN: None ABSENT- Mayor Benz PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTES"�J APPROVED AS TO FORM City Clerk -16- • 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. 98-1186 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 day of November, 1998, and a summary was published in the Daily Breeze newspaper on November 24, 1998. • The vote was as follows: AYES: Bowler, Edgerton, Reviczky, Mayor Pro Tempore Oakes NOES: None ABSENT- Mayor Benz ABSTAIN: None DATED: November 25, 1998 Deputy City Clerk 0 ACTIVITY IDENTIFICATION Location Address: Historical Preservation Ordinance Legal: escription The purpose of the this ordinance is to protect and preserve historic and culturally significant resources within the built environment, by requiring alterations to historic buildings and resources to be reviewed for appropriateness. The authority to issue Certificates of Appropriateness will be designated to the Citv Council. In effect, the purpose of the ordinance is to reduce adverse impacts on historic resources, that may occur with unregulated alteration and/or demolition of said resources Sponsor Name: City of Hermosa Beach, Community Development Department b. Mailing Address: 1315 Valley Drive, Hermosa Beach, CA 90254 Phone: (310) 318-0235 NEGATIVE DECLARATION In accordance with Resolution 89-5229 of the City of Hermosa Beach, which implements the California Environmental Quality Act of 1970 in Hermosa Beach, the Environmental Review Committee must make an environmental review of all private projects proposed to be undertaken within the City, and the Planning Commission must make an environmental review of all public projects proposed to be undertaken within the City, which are subject to the Environmental Quality Act. This declaration is documentation of the review and, if it becomes final, no comprehensive Environmental Impact Report is required for this project. FINDING OF ENVIRONMENTAL REVIEW COMMITTEE *We have undertaken and completed an Environmental Impact Review of this proposed project in accordance with Resolution 89-5229 of the City Council of Hermosa Beach, and find that this project does not require a comprehensive Environmental Impact Report because,-prov4ded4he-attached atiea-r-eaAl WAS Aral+ ed is #e-preiest it would not have a significant effect on the environment. Documentation supporting this finding is on file in the Community Development Department, Planning Division. Date f Mg Chairman, Environmen al 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 iso ' a in the Community Development Department, Planning Division. I/ U- 3- 9P h_ � Date of Finding Chairman, Planning Commission FINDING OF THE CITY COUNCIL We have undertaken and completed an Environmental Impact Review of this proposed project in accordance with Resolution '�9-5229 of the City Council of Hermosa Beach, and find that this project does not require a comprehensive Environmental npact Report because, r�Gvidedthe attached -remit tion FneaswFe"f94RGIwded OR the it would not have a significant effect on the environment. Documentation supporting this finding is oryfrt" ftyeommunity Development Department Planning Division. Date of Finding Mayo,(, HefTqs_qBach City Council q .I PROOF OF PUBLICATION • (2015.5 C.C.P.) STATE OF CALIFORNIA County of Los Angeles, I am o 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 THE DAILY BREEZE a newspaper of general circulation, printed and pub- lished DAILY in the City of Torrance 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 June 10, 1974 Case Number SWC7146 that the notice, of which the annexed is a printed copy (set in type not smaller than 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 23, 1998 all in the year 19 98 1 certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Torrance 23 November •: Ca N�i; bignature moi 5215 TORRANCE BLVD. • TORRANCE, CALIFORNIA 90509 (310) 540-5511 or (213) 772-6281 44 LOS ANGELES This space is for the County Clerk's Filing Stamp r ':' / /0 1 - Proof of Publication of DB PUBLIC NOTICE DB 11-205 CITY OF HERMOSA BEACH' SUMMARY OF ORDINANCE NO. 98.1186 Ordinance No. 98-1186 provides for the identification, designation and protection of historically and architecturally signifi- cant buildings in the City of Hermosa Beach. The Ordinance provides both a mechanism and the criteria for the nomi- nation and classification of significant buildings as "landmarks" by the City Council. Any building designated as a landmark must be maintained in good repair, and may not be altered or demol- ished unless the owner obtains a certifi- cate of appropriateness from the City; the purpose of such a certificate is to assure that any approved alterations protect the integrity of the historically or architectur- ally significant elements of the building. Landmarks can be demolished only under, narrowly prescribed circumstances. The ordinance contains penalties for violation of its terms. The full text of the ordi- nance is available for review in the office of the City Clerk. The above summary was prepared by Michael Jenkins the -City Attorney of the City of Hermosa Beach, and was passed approved and adopted on November 10, 1998, by the following vote: Ayes: Bowler, Edgerton, Reviczky, Mayor Pro Tempore Oakes Noes: None. Absent: Mayor Benz Attest: Elaine Doerfling, City Clerk Pub.. November 23, 1998. 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. 98-1187 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE GENERAL PLAN MAP FROM COMMERCIAL CORRIDOR (CC) TO MEDIUM DENSITY RESIDENTIAL AND TO AMEND THE ZONING MAP FROM SPECIFIC PLAN AREA 7 (S.P.A. 7) TO TWO-FAMILY RESIDENTIAL (R-2) AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION, FOR THE PROPERTY LOCATED AT 731 4TH STREET AND LEGALLY DESCRIBED AS LOT 5, W.F. THORNES HILLSIDE TRACT #2 The City Council of the City of Hermosa Beach does hereby resolve and order as follows: SECTION 1. An application was filed by Thomas J. Engelbach owner of property at 731 4th 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 de novo public hearing to consider the application for a General Plan Amendment and Zone Change on October 20, 1998, at which testimony and evidence, both written and oral, was presented to and considered by the Planning Commission. SECTION 3. The City Council conducted a duly noticed public hearing to consider the recommendation of the Planning Commission to approve the requested General Plan Amendment and 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 City Council makes the following factual findings: 1. The property is designated Commercial Corridor on the General Plan Map, and S.P.A. 7 (Commercial Specific Plan Area) on the official City Zoning Map as a result of the Multi -Use Corridor study in 1989. The S.P.A. 7 zoning for the site allows commercial expansion of P.C.H. fronting commercial property but does not permit a free-standing commercial use with frontage on 4th Street. It also allows • 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 continuation of the existing single-family residential use (including expansion or reconstruction into a much larger dwelling). 2. The requested change will reduce the depth of the commercial designated property, as measured from P.C.H. westward, from 180 feet to 140 feet, and replace the 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 731 4th Street has been in continuing use as a single-family residential use since the 1920's. It was changed from a designation of Multi -Use Corridor of the General Plan, and R-3 multi -family residential with a commercial potential overlay to Commercial Corridor and S.P.A. 7 in 1989. 4. The adjacent property to the north is designated on the General Plan and Zoning Maps for commercial purposes to a depth of 130 feet, and to the south to a depth of 150 feet. 5. Surrounding property to the north, south and west is designated Medium Density Residential on the General Plan and Zoned R-2, which allows residential development up to a density of 24 units per acre, and is currently developed with a mix of single and multi -family uses in which the current density ranges from 15 - 33 units per acre. SECTION 5. Based on the foregoing factual findings, the Planning Commission 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 and across 4th Street to the south, and located in an area -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 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 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 Land Use Map of the General Plan, and the City's Official Zoning Map be amended as follows: 1. Amend the Land Use Map of the General Plan by changing the property described below, and shown on the attached map, from Commercial Corridor to Medium Density Residential, and amend the Zoning Map by changing the properties, as described below and shown on the attached map, from S.P.A. 7 to R-2 Two -Family Residential: 731 Pacific Coast Highway, legally described as lot 5, W.F. Thornes Hillside Tract #2 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- 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 24th day of November, 1998, by the following vote: AYES: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES: None ABSTAIN- None ABSENT- None PRESIDENT of the City ATTEST- -4- of the City of Hermosa Beach, California AS TTORNEY FORM: �_ L • 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. 98-1187 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 December, 1998, and was published in the Easy Reader newspaper on December 17, 1998. The vote was as follows: AYES: Bowler Edgerton, Oakes, Reviczk , Mayor Benz g Y Y NOES: None ABSENT- None ABSTAIN: None DATED: December 20, 1998 iieputy k ity k iem 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 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: December 17 all in the year 1998. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, this 17th day of December 1998. l� Sig�ature EASY READER, INC. R O. BOX 427 • 832 HERMOSA AVENUE, HERMOSA BEACH, CA 90254 Telephone: (310) 372-4611 Proof of Publication of: CITY OF HERMOSA BEACH HBL-98128 Please see attached sheet. CITY OF HERMOSA BEACH ORDINANCE NO. 98-1.187 • AN ORDINANCE OF THE CITY ,OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE GENERAL PLAN MAP FROM COMMERCIAL CORRIDOR (CC) TO MEDIUM DENSITY RESIDENTIAL AND TO AMEND THE ZONING MAP FROM SPECIFIC PLAN AREA -7 (S.P.A. 7) TO TWO-FAMILY RESIDENTIAL (R-2) AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION, FOR THE PROPERTY LOCATED AT 7 31 4TH STREET AND LEGALLY DESCRIBED AS LOT 5, W.F. THORNES HILLSIDE TRACT #2 • The City Council of the City of Hermosa Beach does hereby resolve and order as follows: 0 SECTION 1. An application was filed by Thomas J. Engelbach owner of property at 731 4th Street seeking to amend the General Plan Map and the Zoning Map for the subject prop- erty. SECTION 2. The Planning Commission conducted a duly noticed de novo public hearing to consider the application for a General Plan Amendment and Zone Change on October 20, 1996, at which testimony and evi- dence, both written and oral, was presented to and considered by the Planning Commission. SECTION 3. The City Council conducted a duly noticed public hearing to consider the recom- mendation of the Planning Commission to approve the requested General Plan Amendment and' Zone Change, at which testimony and evidence, both written and oral, was pre- sented to and considered by the Council. SECTION 4. Based on evi- dence received at the public hearing, the City Council makes (he following factual findings: 1. The property is designated CommercialCorridoron the General Plan Map, and S.P.A, 7 (Commercial Specific Plan Area) on the official City Zoning Map as a result of the Multi -Use Corridor study in 1989. The S.P.A. 7 zoning for the site allows commercial expan- sion of P.C.H. fronting com- mercial property but does not permit a free-standing commercial use with frontage on 4th Street. It also. allows continuation of the existing single-family resident;al use (including expansion or reconstruction into a much larger dwelling). 2. The requested change will reduce the depth of the commercial designated property, as measured from P.C.H. westward, from 180 feel to 140 feel, and replace the commercial designa- tions on the subject proper- ty to allow residential devel- opment for up to two units consistent with the Medium Density Residential classifi- cation of the General Plan and the R-2 Zoning district in the Zoning Ordinance. 3. The property at 731 4th Street has been in continu- ing use as a single-family residential use since the 1920's. It was changed from a designation of Multi - Use Corridor of the General Plan, and R-3 multi -family residential with a commer- cial potential overlay to Commercial Corridor and S,RA., 7 in 1989. 4. The adjacent property to the north is designated on the General Plan and Zoning. Maps for commercial pur- poses to a depth of 130 feet, and to the south to a depth of 150 feel. 5. Surrounding properly to the north, south and west is designated Medium Density Residential on the General Plan and Zoned R-2, which allows residential develop- ment up to a density of 24 units per acre, and is cur- rently developed with a miz of single and multi -family uses in which the current density ranges from 15 33 units per acre. SECTION 5. Based on the foregoing factual findings, the SECTION 6 Based on the Planning Commission makes the foregoing, the City Council here - following findings pertaining to by ordains that the Land Use the General Plan Amendment Map of the General Plan, and the and Zone Change: City's Official Zoning Map be a:^ended as follows: 1. The General Plan Amendment and Zone 1. Amend the Land Use Map Change will recognize the of the* General Plan by current land use of the sub- changing the. property ject property and current described' below, and market conditions which shown on the attached have not supported or cre- map, from Commercial ated an interest in expand- Corridor to ' Medium ing commercial develop- Density Residential, and ment to ihclude this loca- amend the Zoning Map by tion, and will allow the changing the properties, as development of a appropri- described below and ate residential land use shown on the attached consistent with surrounding map, from S.P.A. 7 to R-2 properties. Two -Family Residential: 2. The subject property to be redesignated is appropriate 731 Pacific Coast Highway, for residential use as it is legally described as,lot 5. W.F. abutted by residential uses Thornes Hillside Tract #2 to the north and across.Ath Street to the south, and SECTION 7. This Ordinance located in an area which is shall become effective and be in predominantly residential in full force and effect from and character. A residential use after thirty (30) days of its final of the subject properties will passage and adoption. be more compatible to sur- SECTION 8 Prior to the ex i g- rounding residential uses ration fifteen (15) days after than a potentially more the dateto of its adoption, the City intensivecommercial use. Clerk shall cause this ordinance The redesignation to to be- published in the Easy Medium Density Residential Reader, a weekly newspaper of on the General Plan Map general circulation published and and R-2 on the Zoning Map circulated, in the City of Hermosa will be consistent with des- Beach in the manner provided by ignalions to the west of the subject property, and will law SECTION 9. 9The City Clerk allow two units on the sub- shall certify to the passage and jecl property consistent with adoption of this ordinance, shall surrounding residential enter the same in the book of development. original ordinances of said city, and shall.make minutes of the 3. The City Council concurs passage and adoption thereof in with the Planning the records of the proceedings of Commission and Staff the City Council at which the Environmental Review same is passed and adopted. Committee's recommenda- tion, based on their PASSED, APPROVED and E n v i r b n m e -n 1 a I ADOPTED this 6th day of Assessment/Initial Study, December, 1996, by the following that this project will result in vote: a less than.. significant AYES: Bowler, Edgerton, impact on the environment, Oakes. Reviczky, and therefore qualifies for a Mayor Benz Negative Declaration. NOES: None ABSTAIN: None ABSENT: None Robert Benz PRESIDENT of the City Council and Mayor of the City of Hermosa Beach, California ATTEST: Elaine Doerflino CITY CLERK APPROVED AS TO FORM: Michael Jenkins CITY ATTORNEY ER December 17, 199&HBL-98128 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. 98-1188 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING ORDINANCE TO ALLOW EXISTING STAIRS LOCATED IN REQUIRED YARDS, WHICH PROVIDE NEEDED INGRESS AND EGRESS TO A DWELLING UNIT, TO BE MAINTAINED, REPAIRED, OR REPLACED. 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 September 15, and October 20, 1998, to consider amendments to the Zoning Ordinance regarding existing stairs located in required yards; 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 November 24, 1998, 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, Many older buildings with the main living area above grade or on a second floor are entered from an exterior stairway. Though legally constructed pursuant to the Uniform Building Code (UBC) and zoning requirements at the time, these stairs now are located in required yards, and are therefore considered "nonconforming" 2. Often these stairs provide the only access to a dwelling unit, or required secondary access. 3. The stairs are typically constructed of wood and, therefore, do not comply with current fire safety requirements of the UBC. 4. While limited repair is permitted under the Nonconforming Ordinance and the Building Code, in most cases a complete replacement is the safest and best option. However, even if the stairs are reconstructed to comply with the UBC (i.e. constructed of metal or 6e 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 concrete), it may not be feasible to reconstruct the stairs in compliance with zoning requirements or other UBC requirements such as required width. 5. Allowing an exception for existing nonconforming stairs will resolve the problem of stairs which have deteriorated or been damaged beyond any possibility of repair and need to be replaced and will also allow property owners who may desire to replace wooden stairs with safer metal or concrete stairs. 6. Without an exception, major and costly remodeling of a structure would be necessary to replace access to dwellings that may be lost due to a deteriorated or damaged stair, and there is no incentive to fully replace older stairs with safer non-combustible stairs. 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. 100 and 17.46.110 for clarification purposes to read as follows: "17.46.100 Balcony encroachments into front yard areas. An open uncovered balcony may encroach into a required front yard thirty-six (36) inches, but in no case shall such encroachment be closer than three feet to the front property line, and shall be a minimum of seven feet above finished grade. 17.46.110 Stairway encroachment into yard areas. A. Side Yards: Uncovered, solid concrete stair landing and stairs on grade which are not over four feet to the highest point from the natural, existing or finished grade, whichever is the lesser height, and do not extend above the level of the first floor of the building may extend or project into any required side yard. In order that such structure shall not obstruct any pedestrian way on the ground level, the stairs shall extend from the stair landings in both directions. -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 B. Front Yards: An unenclosed stairway or uncovered steps leading from grade to the first floor level may encroach into a required front yard thirty-six (36) inches, but in no case shall such encroachment be closer than three feet to the front property line." 2. Amend Section 17.52.030 (B) "Nonconforming Buildings", under sub -section 2. "Expansion/remodel allowed" by adding the following additional paragraph "f' to read as follows 'T Existing nonconforming stairways: Existing nonconforming stairways that encroach into required yard areas and that provide legally required access to legal dwelling units, may be fully reconstructed if beyond repair, provided no other reasonable location is available that does not require major reconfiguration or alteration of the structure. Said stairways, if reconstructed or replaced to allow continued access to the dwelling unit, shall be constructed in conformance with Chapter 34 of the Uniform Building Code; shall be constructed of non-combustible materials, shall conform to handrail, guardrail, tread depth, and riser requirements; and, shall not contain storage areas below. No replacement of said stairways shall be allowed in conjunction with an expansion and/or remodel project that exceeds a 50% increase in replacement cost to existing buildings on the site." 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. -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 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 December, 1998, by the following vote: AYES: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES: None ABSTAIN: None ABSENT- None PRESIDENT of the Mayor of the City of Hermosa Beach, California ATTEST &DPROVED AS 0 FORM: CITY CLERK CITY ATTORNEY -4- 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. 98-1188 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 December, 1998, and was published in the Easy Reader newspaper on December 17, 1998. The vote was as follows: • AYES: Bowler Edgerton, Oakes Reviczk Mayor Benz g Y� Y NOES: None AB SENT - None ABSTAIN: None DATED: December 20, 1998 PROOF OF PUBLICATION (2015.5C.C.P.) • STATE OF CALIFORNIA, County of Los Angeles, LJ 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: December 17 all in the year 1998. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, this 17th day of December 1998. Signature EASY READER, INC. R O. BOX 427 is 832 HERMOSA AVENUE, HERMOSA BEACH, CA 90254 Telephone: (310) 372-4611 'efIt'f Proof of Publication of: CITY OF HERMOSA BEACH HBL-98129 Please see attached sheet. ORDINANCE NO. 98-1188 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING ORDINANCE TO ALLOW EXISTING STAIRS LOCATED IN REQUIRED YARDS, WHICH PROVIDE NEEDED INGRESS AND EGRESS TO A DWELLING UNIT, TO BE MAINTAINED, REPAIRED, OR REPLACED. The City Council of the City of Hermosa Beach does hereby resolve and order as follows: SECTION 1. The Plammng' Commission held a duty noticed public hearing on September 15, and October 20, 1998, to consid- er amendments to the Zoning Ordinance regarding existing stairs located in required yards; at which testimony.and evidence, both written and oral, was pre- sented to and considered by the Commission. SECTION 2. The City Council conducted a duly noticed public hearing on November 24, 1998, to consider the recommendation of the Planning Commission,' at which testimony and evidence, both written and oral, was pre- sented to and considered by the Council. SECTION 3. B25.ed on the evi- dence considered at the public hearing, the City Council makes the following findings: 1. Many older .buildings with the main living area above grade or on a second floor are entered from an exteri- or stairway. Though legal- ly constructed pursuant to the Uniform Building Code (UBC) and zoning require- ments at the time,, these stairs now are located in ` required yards, and are therefore considered "non- conforming". Often these stairs provide the only access .to a dwelling unit, or required secondary' access. The stairs are typically con- structed of wood and, therefore, do not comply with current . fire safety requirements of the UBC. While limited repair is per- mitted under the Nonconforming Ordinance and the Building Code, in .most cases a complete replacement is the safest and best option. However, even if the stairs are recon- structed to comply with the UBC (i.e. constructed of metal or concrete), it may not be feasible to recon- struct the stairs in compli- ance with zoning require- ments or other UBC SECTION 4. Based ori the foregoing, the City Council here- by ordains _ that the Hermosa Beach Municipal Code, Title 17 - Zoning, be amended as follows: 1. Amend Section 17.46.100 and 17.46.110 for clarification purposes to read as follows: "17.46.100 Balcony en- croachments into front yard areas. An open uncovered bal- cony may encroach into a required front yard thirty-six (36) inches, but in no case shall such encroachment be closer than three feet to the front property line, and shall be a minimum of seven. feet above finished grade. 17.46.110 Stairway en- croachment into .yard areas. A. Side Yards: Uncov- ered, solid concrete stair landing and stairs on grade which are not over four feet to the highest point from the natural, existing or finished grade, whichever is the lesser height, and do not extend above the level of the first floor of the building 'may extend or project into any required side yard. In order that such structure shall not obstruct any pedestrian way on the ground level, the stairs shall extend from the stair land- ings in both directions. B. Front Yards: An unen- closed stairway or uncov- ered steps leading from grade to the first floor level may encroach into a required front yard -thirty-six (36) inches, but in no case shall such encroachment be closer than three feet to the front property fine.' 2. Amend Section 17.52.030 (B) "Nonconforming Buildings" under sub -section 2. "Expansion/remodel allowed" by adding .the following additional paragraph'T'to read as follows "f. Existing nonconform- ing stairways: Existing non- conforming stairways that encroach into required yard areas and that provide legally required access to legal dwelling units, may be fully reconstructed if beyond repair, provided no other reasonable location is avail- able that does not require major reconfiguration or alteration of the structure. Said stairways, if recon- structed or replaced to allow continued access to the dwelling unit, shall be con- structed in conformance with .Chapter 34 of the Uniform Building Code; shall be constructed of non-com- bustible materials; shall con- form to handrail, guardrail, tread depth, and riser requirements; and, shall not contain storage areas below. No replacement of said stairways shall be allowed in conjunction with an expansion and/or renri el project that exceeds a 50% increase in replace- ment cost to existing build- ings on the site: 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 Clerk sball certify to the passage and adaption 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 r ,:ords of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 8th day of December, 1998. by the following vote: AYES: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES: None ABSTAIN: None AK 'NT None Robert Benz PRESIDENT of the City Council and Mayor of the City of Hermosa Beach, California ATTEST: Elaine Doerfling CITY CLERK APPROVEDAS TO FORM: Michael Jenkins CITY ATTORNEY ER December 17,1998'HBL-98129 requirements such as required width. 5. Allowing an exception for existing nonconforming stairs will re`iolve the_pro b- m leof stairs which'heve deteriorated or been dam- aged beyond any possibility of repair and need to be replaced and will also allow property owners who may desire to replace wooden stairs with safer metal or concrete stairs. 6. Without an exception, major and costly remodeling of a structure.would be neces- sary to replace access to dwellings that may be lost ' due to a deteriorated or damaged stair, and there is no incentive to fully replace older stairs with safer non- combustible stairs. SECTION 4. Based ori the foregoing, the City Council here- by ordains _ that the Hermosa Beach Municipal Code, Title 17 - Zoning, be amended as follows: 1. Amend Section 17.46.100 and 17.46.110 for clarification purposes to read as follows: "17.46.100 Balcony en- croachments into front yard areas. An open uncovered bal- cony may encroach into a required front yard thirty-six (36) inches, but in no case shall such encroachment be closer than three feet to the front property line, and shall be a minimum of seven. feet above finished grade. 17.46.110 Stairway en- croachment into .yard areas. A. Side Yards: Uncov- ered, solid concrete stair landing and stairs on grade which are not over four feet to the highest point from the natural, existing or finished grade, whichever is the lesser height, and do not extend above the level of the first floor of the building 'may extend or project into any required side yard. In order that such structure shall not obstruct any pedestrian way on the ground level, the stairs shall extend from the stair land- ings in both directions. B. Front Yards: An unen- closed stairway or uncov- ered steps leading from grade to the first floor level may encroach into a required front yard -thirty-six (36) inches, but in no case shall such encroachment be closer than three feet to the front property fine.' 2. Amend Section 17.52.030 (B) "Nonconforming Buildings" under sub -section 2. "Expansion/remodel allowed" by adding .the following additional paragraph'T'to read as follows "f. Existing nonconform- ing stairways: Existing non- conforming stairways that encroach into required yard areas and that provide legally required access to legal dwelling units, may be fully reconstructed if beyond repair, provided no other reasonable location is avail- able that does not require major reconfiguration or alteration of the structure. Said stairways, if recon- structed or replaced to allow continued access to the dwelling unit, shall be con- structed in conformance with .Chapter 34 of the Uniform Building Code; shall be constructed of non-com- bustible materials; shall con- form to handrail, guardrail, tread depth, and riser requirements; and, shall not contain storage areas below. No replacement of said stairways shall be allowed in conjunction with an expansion and/or renri el project that exceeds a 50% increase in replace- ment cost to existing build- ings on the site: 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 Clerk sball certify to the passage and adaption 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 r ,:ords of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 8th day of December, 1998. by the following vote: AYES: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES: None ABSTAIN: None AK 'NT None Robert Benz PRESIDENT of the City Council and Mayor of the City of Hermosa Beach, California ATTEST: Elaine Doerfling CITY CLERK APPROVEDAS TO FORM: Michael Jenkins CITY ATTORNEY ER December 17,1998'HBL-98129 • 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. 99-1189 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING ORDINANCE NO. 88-932 RELATING TO FIRE FLOW FEES THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. Findings. A. The City Council finds that, by the adoption of Ordinance No. 88-932, the city established a fire flow fee to address the issues of public safety and fire protection. B. The City Council finds that the general purpose of the fire flow fee is to implement the goals and objectives of the Safety Element of the General Plan and to mitigate the fire protection impacts caused by new development. The City Council further finds that the express intent of Ordinance No. 88-932 is that fire flow fee revenues be used to finance improvements in "fire protection facilities" C. The City Council finds that the National Fire Protection Association defines fire protection facilities as "fire administrative offices; fire stations; fire training facilities; fire communication centers; and fire maintenance centers" D. The City Council finds the expenditure of fire flow fee revenues on fire protection facilities as defined by the National Fire Protection Association is consistent with the general purpose and express intent of Ordinance No. 88-932. E. The City Council finds that new development has increased the density level of the City and has placed additional burdens on the fire protection system. The City Council further finds that a direct relationship exists between new development in all zones of the City and the need to install, and upgrade fire protection facilities as defined by the National Fire Protection Association. U • 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 F. The City Council finds that the use of fire flow fee revenues to improve fire protection facilities as defined by the National Fire Protection Association will help alleviate the additional burden on the fire protection system created by new development in the City. G. The City Council finds that the fire protection fees collected pursuant to Ordinance No. 88-932 shall be used to finance only those public facilities described or identified in Exhibit "A" as amended by Ordinance No. 96-1158 and this ordinance, and attached hereto. H. The City Council finds that this ordinance does not establish a new fee or increase any existing fee. SECTION 2. Exhibit "A" ("Fire Protection Measures Subject to Fire Protection Fee") to Ordinance 88-932, as amended by Ordinance 96-1158, is hereby amended to replace paragraph 5 to read as follows: 445. FIRE ADMINISTRATIVE OFFICES; FIRE TRAINING FACILITIES; FIRE COMMUNICATION CENTERS; AND FIRE MAINTENANCE CENTERS" SECTION 3. Exhibit "A" ("Fire Protection Measures Subject to Fire Protection Fee") to Ordinance 88-932, as amended by Ordinance 96-1158 and by this ordinance, and attached hereto, is hereby adopted. 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 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 • 15 16 17 18 19 20 2i 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 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 26th day of January, 1999, by the following vote: AYES: Bowler, Edgerton, Oakes, Reviczky NOES: Mayor Benz ABSTAIN None ABSENT- None PRESIDENT of ATTEST- - � 1 CITY CLERK t,i,44el- j�� and Mayor of the City -3- APPROVED AS CITY ATTORNE sa Beach, California FORM: - L • EXHIBIT "A" FIRE PROTECTION MEASURES SUBJECT TO FIRE PROTECTION FEE 1. HYDRANTS 2. RISER CONNECTIONS FROM MAIN TO HTDRANT 3. NECESSARY VALVES AND ATTACHMENTS AS DETERMINED BY 0 THE WATER COMPANY 4. REPAIRS TO PUBLIC IMPROVEMENTS SUCH AS STREETS AND SIDEWALKS NECESSITATED BY THE INSTALLATION OF HYDRANTS, RISERS AND NECESSARY VALVES AND ATTACHMENTS 5. FIRE ADMINISTRATIVE OFFICES; FIRE STATIONS; FIRE TRAINING FACILITIES; FIRE COMMUNICATION CENTERS; AND FIRE MAINTENANCE CENTERS 6. FIREFIGHTING EQUIPMENT AND VEHICLES 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. 99-1189 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 day of January, 1999, and was published in the Easy Reader newspaper on February 4, 1999. The vote was as follows: • AYES: Bowler, Edgerton, Oakes, Reviczky NOES: Mayor Benz ABSENT- None ABSTAIN: None DATED: February 8, 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 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 22944, 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: rehruary �. •all in theY ear 1999 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, this nth day of 1999 'ebruary 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 HBL99-139 Please see attached sheet. ILIa��°' E E B 0 9 1999 7•� opo. a�s�a , 44ttl ox Ha•mAoa $a \. 0 CITY OF HERMOSA BEACH ORDINANCE NO. 99-1189 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING ORDINANCE NO. 88.932 RELATING TO FIRE FLOW FEES THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA DOES ORDAIN AS FOLLOWS: E TI N 1. Fin in s. A. The City Council finds that, by the adoption of Ordinance No. 88.932, the city estab- fished a fire flow fee to address the issues of public safety and fire protection. B. The City Council finds that the general purpose of the fire flow fee is to implement the goals and objectives of the Safety Element of the I General Plan and to mitigate G fire protection impacts caused by new development. The City Council further finds that the express intent of Ordinance No. 88-932 is that fire flow fee revenues be used to finance improve- ments in "lire protection facil- ities". C. The City Council finds that the National Fire Protection Association defines fire pro- tection facilities as "fire alministrative offices, fire alions;. fire training facili- s; fire communication cen- ters; and fire maintenance centers". D. The City Council finds the expenditure of fire flow fee revenues on fire protection facilities as defined by the National Fire Protection. E. Association is consistent with the. general purpose and express intent of Ordinance No. 88.932. F. The City Council finds that new development has increased the density level of the City and has placed additional burdens on the fire protection system. The City Council fur- ther finds that a direct rela- tionship exists between new development in all zones of the City and the need to .install, and upgrade fire pro- tection facilities as defined by the National Fire Protection Association. G. The City Council finds that the use of fire flow fee revenues to improve fire protection facilities as defined by the National Fire Protection Association will help alleviate the additional burden on the lire protection system creat- ed by new development in the City. H. The City Council finds that the fire protection fees collected pursuant to Ordinance No. 88-932 shall be used to finance only those public facilities described or identi- fied in Exhibit "A" as amend- ed by Ordinance No. 96.1158 and this ordinance, and attached hereto. I. This ordinance does not estab- lish a new fee or increase any existing fee. SECTION 2. Exhibit "A" ("Fire Protection Measures Subject to Fire Protection Fee") to Ordinance 88.932, as amended by Ordinance 96-1158, is hereby amended to replace paragraph 5 to read as follows: "5. FIRE ADMINISTRATIVE OFFICES; FIRE TRAINING FACILITIES; FIRE COMMU- NICATION CENTERS; AND FIRE MAINTENANCE CEN- TERS" SECTION 3. Exhibit "A" ("Fire Protection Measures Subject to Fire Protection Fee") to Ordinance 88-932, as amended by Ordinance 96.1158 and by this ordinance, and attached hereto, is hereby adopted. 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 expira- tion of fifteen (15) days after the _date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of general 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 adop- tion of this ordinance, shall enter the same in the book of original ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 26th day of January, 1999, by the following vote: AYES: Bowler, Edgerton, Oakes Reviczky NOES: Mayor Benz ABSTAIN: None -ABSENT: None Robert Benz 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 EXHIBIT "A" FIRE PROTECTION MEASURES SUBJECT TO FIRE PROTECTION FEE 1. HYDRANTS '2. RISER CONNECTIONS FROM MAIN TO HTDRANT 3. NECESSARY VALVES AND ATTACHMENTS AS DETERMINED BY THE WATER COMPANY 4. REPAIRS TO PUBLIC IMPROVEMENTS SUCH AS STREETS AND SIDE WALKS NECESSI- TATED BY THE INSTALLA- TION OF HYDRANTS, RISERS AND NECESSARY VALVES AND ATTACHMENTS 5. FIRE ADMINISTRATIVE OFFICES; FIRE STATIONS; FIRE TRAINING FACILITIES; FIRE COMMUNICATION CENTERS; AND FIRE MAINTENANCE CENTERS 6. FIREFIGHTING EQUIPMENT AND VEHICLES ER February 4, 1999MBL99-130