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HomeMy WebLinkAboutBOOK 18 ORD-90-1040 TO ORD-94-1119 (DATED 07-24-1990 TO 10-25-1994)• • • • E 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. 90-1040 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CONFIRMING THE REPORT OF THE DIRECTOR OF PUBLIC WORKS DATED JUNE 19, 1990, PREPARED PURSUANT TO RESOLUTION NO. 90-5347 AND APPROVED PURSUANT TO RESOLUTION NO. 90-5374 OF SAID COUNCIL, AND THE PLANS, SPECIFICATIONS, ESTIMATE, MAP AND ASSESSMENT CONTAINED IN SAID REPORT; ORDERING CERTAIN CROSSING GUARD MAINTENANCE SERVICES TO BE FURNISHED AND MAINTAINED FOR THE FISCAL YEAR BEGINNING JULY 1, 1990. HERMOSA BEACH CROSSING GUARD MAINTENANCE DISTRICT NO. 1990-1991 WHEREAS, the City Council of the City of Hermosa Beach, California, did in Resolution No. 90-5347 of said Council, pursuant to the provisions of the "Crossing Guard Maintenance District Act of 1974" (Chapter 3.5, Articles 1, 2, 3 and 4, Sections 55530 Through 55570, of the Government Code of the State of California), require the Director of Public Works of said City to make and file with the Clerk of the City Council a report in writing, presenting certain matters relating to the proposed Crossing Guard Maintenance District No. 1990-1991, as contemplated under the provisions of said Act; and WHEREAS, the Director of Public Works, pursuant to the requirements of said City Council as expressed in Resolution No. 90-5347 and did on the 19th day of June, 1990, file in the office of the City clerk (who is ex -officio Clerk of the City Council) of said City, his report in writing responsive to the requirements of said Resolution No. 90-5347 and as contemplated under the provisions of said Act; and WHEREAS, the said City Council did in Resolution No. 90-5374 approve said report on the 26th day of June, 1990, in conformity with the provisions of said Act; and WHEREAS, said City Council did thereafter and on said 26th day of June, 1990, pass its Resolution of Intention No. 90-5375 declaring its intention to order certain Crossing Guard Maintenance Services for the fiscal year beginning July 1, 1990; 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 I and WHEREAS, said City Council did on said 26th day of June, 1990, in its Resolution No. 90-5375 fix and designate Tuesday, the 10th day of July, 1990, at the hour of 8:00 p.m. of said day as the time for hearing protests in reference to the proposed maintenance and assessment, at the Council Chamber, in the City Hall, Civic Center, in the City of Hermosa Beach, California; and WHEREAS, at the time and place above stated for hearing protests in reference to the proposed maintenance and assessment, certain written and oral protests and objections were filed and presented, which said protests and objections were fully and regularly heard and considered by said Council; and WHEREAS, said City Council being fully advised in the premises, does hereby proceed as follows: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, FIND, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That said Council does hereby deny all protests land objections and does hereby approve, confirm and adopt the said report of said Director of Public Works dated the 19th day of June, 1990, and does hereby approve and confirm the assessment proposed for said proposed maintenance as set forth and referred to in said report, which said report is now on file in the office of the City Clerk of said City, open to inspection, hereby referred to and made a part thereof; and said City Council does (hereby also confirm and adopt the respective instruments therein contained and designated therein as SPECIFICATIONS, MAP OF CROSSING GUARD MAINTENANCE DISTRICT NO. 1990-1991, Estimate of Costs and Assessment, all of which, on file as aforesaid, are hereby incorporated herein and made a part hereof. 1 • 2 3 • 4 5 6 7 8 12 13 14 • 15 16 17 18 19 20 21 22 23 24 • 25 26 • 27 28 SECTION 2. That said Council does hereby order the said contemplated maintenance to be made in accordance with the said MAP and SPECIFICATIONS therefore, so adopted and approved, and does hereby order and determine that the fiscal year referred to in said Resolution of Intention No. 90-5375 shall be and the same is hereby fixed and established as the period commencing on the 1st day of July, 1990, and ending on the 30th day of June, 1991, both dates inclusive, as therein set forth; and said Council does hereby levy the said proposed total assessment made to cover the costs and expenses of said improvement upon the respective several subdivisions of land in the assessment district described in said Resolution of Intention No. 90-5375 and as fixed and determined by said report, dated June 19, 1990, and the proposed assessment, filed therewith, as aforesaid, in the office of the City Clerk of said City, for the fiscal year beginning July 1, 1990, and ending June 30, 1991, both dates inclusive. SECTION 3. That the City Council hereby orders and directs the City Treasurer to establish a special fund entitled, "Hermosa Beach Crossing Guard Maintenance District No. 1990-1991 Fund"; and who shall place into said Fund all payments of assessments received from the County Tax Collector and payments shall be madeli out to said special Fund only for the purposes provided for in said Chapter 3.5, Articles 1, 2, 3 and 4, Sections 55530 through 55570, of the Government Code of the State of California. SECTION 4. That the City Clerk of said City is hereby ordered to transmit, or cause to be transmitted, to the County Auditor of Los Angeles County, State of California, as contemplated under the provisions of the "Crossing Guard Maintenance District Act of 197411, the Map and Assessment upon which such levy is based, and the County Tax Collector of said I • 2 3 • 4 5 I.- 9 10 11 12 13 14 • 15 16 17 18 19 20 21 22 23 24 • 25 26 • 27 28 County (who is also the City Tax Collector for said City) is ordered and directed to make collection of all assessments shown required by law of and to be performed by the officer, employee, or person so designated. SECTION S. That prior to the expiration of fifteen days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the EASY READER, a weekly newspaper of general circulation published and circulated in the City of Hermosa Beach. SECTION 6. That this ordinance shall take effect thirty (30) days after adoption. PASSED, APPRO AND ADOD^this 2AJ7Yh y of July, 1990. PRESIDENT of e City Coun� and MAYOR of the City of Hermosa Beac , California ATT9ST: City Clerk APPROVED AS TO FORM: City Attorney ty/cgord • STATE OF CALIFORNIA ) COUNTY OF LOS ANGELESis ) 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. 90-1040 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 July, 1990 and was published in the Easy Reader on August 2, 1990. The vote was as follows: • AYES: Essertier, Midstokke, Sheldon, Wiemans, Mayor Creighton NOES: None ABSENT: None ABSTAIN: None DATED: August 2, 1990 s ;7 jLn. 1�7)aiks Deputy City Clerk 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 90- 1041 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE HERMOSA BEACH ZONING ORDINANCE TO REQUIRE AMORTIZATION OF BUSINESSES THAT REQUIRE CONDITIONAL USE PERMITS THAT CURRENTLY OPERATE WITHOUT A CONDITIONAL USE PERMIT AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION. WHEREAS, the City Council held a public hearing on July 24, 1990 to receive oral and written testimony on this matter and made the following Findings: A. The Zoning Ordinance requires Conditional Use Permits for various commercial uses in commercial zones, for example, entertainment uses, automotive related uses, and adult uses, require conditional use permits because of their potential negative impacts on surrounding properties; B. Some of these businesses in the City were established prior to the requirement for Conditional Use Permits and, therefore, they operate without controls which are required of similar businesses; C. The establishment of conditions to regulate these uses consistent with those required for similar new uses will reduce the problems associated with the operations of these businesses; D. The subject text amendment is necessary to protect the health, safety, and welfare of the citizens of Hermosa Beach, especially in regards to residential areas located in proximity to the subject commercial uses; E. The amendment is consistent with the General Plan. NOW, THEREFORE, the City Council of the City of Hermosa Beach, California, does hereby ordain the following amendments to the zoning ordinance, and the adoption of an environmental negative declaration. SECTION 1. Amend Section 13-5 as follows: - 1 - 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 A. Amend the title of Section 13-5 to read as follows: "Sec. 13-5 Nonconforming commercial and manufacturing businesses subject to the requirement for a Conditional Use Permit" B. Move the entire current Section 13-5, titled "Nonconforming alcohol beverage establishment, on and off -sale." and locate it under sub -section "(a)" C. Add subsection "(b)" to read as follows: "(b) Remaining nonconforming commercial and manufacturing establishments subject to the requirement for a conditional use permit. The conditional use permit process, established pursuant to this ordinance, shall apply to the types of business establishments as identified on the commercial and manufacturing permitted use lists in Article 8 and Article 9. All such establishments which do not possess a conditional use permit as required by Article 8 and Article 9 on the effective date of Ordinance No. 9Q7.1Q4.1 shall be required to apply for a conditional use permit within two (2) years from the date of receiving notification from the City of the requirement to apply for a Conditional Use Permit. Upon receiving notification from the City, each establishment shall have a maximum of two (2) years to apply for a Conditional Use Permit, and once application is made it must diligently pursue its application and receive a conditional use permit. Said application must be heard before the planning commission within six (6) months of the filing of the application. Any applicant may be granted an extension of time within which to receive their conditional use permit if they can demonstrate to the planning commission there is good cause for an extension of time necessary to receive the permit. If no permit is either sought or granted within the time periods specified above, the establishment, or the portion of the establishment, conducting an operation subject to a conditional use permit requirement shall no longer have the legal authority to operate." 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 - 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. 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 August , 1990, by following vote: AYES: Essertier, Midstokke, Sheldon, Wiemans, Mayor NOES: None /� Creighton ABSTAIN: pone ABSENT: ; ZNone PRESIDENT 61f the City Co�uncril 'and MAYOR of the City of Hermosa Beach, California CITY CLERK CITY ATTORNEY - 3 - A(.'TlViTY 11)t;1NT-LV11:ATiUN 1. Location a. Address: City wide b. Legal: N/A �. Description Text amendment to require an amortization period for businesses that • YP =tai rp a ron,'L t i nnal TTcr� Pprmi f h,,f are curreni-1 y nrardtlnT�i �1, ut- �3 Conditional Use Permit 3. Sponsor a. Name: (•� of Harmnca Raarh b. Mailing Address: 1315 Valley Drive, Hermosa Beach, CA 90254 Phone: (213) 318-0242 NEGATIVE DECLARATION In accordance with Resolution 89-5229 of the City of Hermosa beach, which im- plements 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 be- comes final, no comprehensive Enviromnental Impact Report is required for this project. FINDING OF ENVIRONMENTAL REVIEW COMMITTEE We have.undertaken and completed an Environmental •posed project in accordance with Resolution 89-5229 Hermosa Beach, and find that this project does not Environmental Impact Report because, p--rnev4&e4-t-h-e-a r -e s -a r -e n eYU d ed- i r� '-�'ar r-_=e_J-e•e t, it wo u 1 d n o t have the environment. Documentation orting this -n Building Department. Date of Finding C"irman, Enviton ental Impact Review of this pro- of the City. Council of require a comprehensive a significant effect on ina., is on file in the Review Committee FINDING OF THE PLANNING COMMISSION We have undertaken and completed an Environmental Impact Review of this pro- ject in accordance with Resolution 89-5229 of the City Council of Hermosa Beach, and find that this project does not require a comprehensive Environ- mental nviron- mental Impact Report because, p•r--o-v d•e d- t h•e-a t t a -c h -e d -m t i g -a -t i.o.n_m.e.as ur-es-ax-e ncludedn-th•e--Px�oj-ec-t, it would not have significant effect on the en- vironment. Documentation support'- g this indin, isygTi file in the Build- ing Department. ' •Date of Finding Z.hairman6,/Plaiii" g Commission FINDING OF THE CXT-1 COUNCIL We have undertaken and completed an environmental Impact Review of this pro- posed project in accordance with Resolution 89-5229 of the City Council of Hermosa Beach, and find this project does not require a comprehensive En- vironmental Impact Report because, pr-,©-vrided-th-e-attach-ed—ma-terga-ta-an-.*„e.�G- -u-r-e s -a -r -e -i ra•�1-u.d-e--.d i-n-t-.h-e-p--o7j-e-c-t , it/ u 1 d n o t have -Al s i g n i f i c a n t e f f e c t on the environment. Documentations pporting this finding 'ls on file in the Building Department. I- t-_00 Date of Finding May r, He' mosa Beach 'City Counci • • 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. 90-1041 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 August, 1990 and was published in the Easy Reader on August 23, 1990. The vote was as follows: • AYES: Essertier, Midstokke, Sheldon, Wiemans, Mayor Creighton NOES: None ABSENT: None ABSTAIN: None DATED: August 23, 1990 • 0 0j a- � Deputy City Clerk PROOF OF PUBLICATION (20 15.5 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 .BEAC.H........ a newspaper of general circulation, printed and published ...WEEKLY ....................... in the City of .....MRMOSA 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, 9;21 . ... 19 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: 8/23 ..:................................................. -all in the year 19,9.0.: I certify (or declare) under penalty of perjury that the foregoing is true and correct. • Dated at....1Z,}�,NQ$h, BEACH,,,,,,,,,,,,,,, Califo ia, this.2 . day of.AUJ�.., 19 .... ....... ...................... ignatGre iFree copies of this blank form may be secured from: CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. i a Legal Advertising Clearing House j P.O. Box 31 Los Angeles, CA 90053 Telephone 625.2541 Please request GENERAL Proof of Publication when ordering this form. This space is for th_e,,CO3-uC�k's Filing Stamp Proof of Publication of ......._�... .......... _ ...-..-......... ,,, Use Permit if they can demonstrate' l� to the Planning Commission there is a- good cause for extension of time necessary to receive the permit. CITY OF HERMOSA BEACH ORDINANCE NO. 9G-1041 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE HERMOSA BEACH ZONING ORDINANCE TO REQUIRE AMORTIZATION OF BUSINESSES THAT REQUIRE CONDITIONAL USE PERMITS THAT CURRENTLY OPERATE WITHOUT A CONDITIONAL USE PERMIT AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION. WHEREAS, the City Council held a public hearing on July 24, 1990 to receive oral and written tes- timony on this matter and made the following Findings: A'The Zoning Ordinance re- quires Conditional Use Permits for various commercial uses in com- mercial zones, for example, enter- tainment uses, automotive related uses, and adult uses, require Condi- tional Use Permits because of their potential negative impacts on sur- rounding properties; B. Some of these businesses in the City were established prior to the requirement for Conditional Use Permits and, therefore, they operate without controls which are required of similar businesses; C. The establishment of condi- tions to regulate these uses consis- tent with those required for similar new uses will reduce the problems associated with the operations of these businesses; D. The subject text amendment is necessary to protect the health, safety, and welfare of the citizens of Hermosa Beach, especially in re- gards to residential areas -located in proximity to the subject commercial uses; E. The amendment is consistent with the General Ptah. NOW, THEREFORE, the City Council of the City of Hermosa Beach, California, does hereby or, dain the following amendments to the zoning ordinance, and the adop- tion of an environmental negative declaration. SECTION 1. Amend Section 13- 5 as follows: A. Amend the title.of Section 13- 5 to. read as follows: "Sec. 13.5 Non- conforming commercial and manu- facturing businesses -subject to the requirement for a Conditional Use Permit" B. Move the entire current Sec- tion 13-5, titled "Nonconforming at- cohol beverage establishment, on and off -sale "and locate it under sub- section •(a)" C. Add subsection "(b)"to read as follows: _ "(b) Remaining, nonconforming. commercial and manufacturing es- tablishments subject to the require- ment for a Conditional Use Permit. The Conditional Use Permit pro- cess, establighed pursuant to this ordinance, shall apply to the types of business establishments as identi- fied on the commercial and manu- facturing permitted use lists in Article 8 and Article 9. All such establish- ments which do not possess a Con- ditional Use Permit as required by Article 8 and Article 9 on the effective date of Ordinance No. 90.-1041 shall be required to apply for a Conditional Use Permit within two (2) years from the date of receiving notification from the City of the requirement to apply for a Conditional Use Permit. Upon receiving notification from the City, each establishment shall have a maximum of two (2) years to apply for a Conditional Use Permit, and once application is made it must diligently pursue its application and receive a Conditional Use Permit. Said application must be heard be- fore the Planning Commission within six (6) months of the filing of the application. Any applicant may be granted an extension of time within which to receive their Conditional If no permit is either sought or granted .within the time periods specified. above, the establishment, or the portion of the establishment, conduction an operation subject to a Conditional Use Permit requirement shall no longer have the legal author- ity to operate." 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 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 pub- lished and circulated in the City of Hermosa Beach, in the manner pro- vided 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 ordi- narices of said city, and shall make minutes of the passage and adoption thereof in the records of proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED AND ADOPTED this 14th day of August, 1990. ROGER CREIGf4TON PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: Naoma Valdes; Deputy City Clerk APPROVED AS TO FORM: Edward W. Lee, City Attorney VOTE: AYES Essertier, Midstokke, Sheldon, W Tema ns, -Mayor- Creighton NOES: None ABSENT: None ER 8123/90 HBL-470 • • 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. 90-1042 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, E%TENDING INTERIM ORDINANCE NO. 89-1011, CONTROLLING DENSITY ON R-3 ZONED LOTS WHEN THE NUMBER OF UNITS INCREASES WITH LOT ASSEMBLAGE, FOR ONE (1) YEAR. WHEREAS, the City Council held a meeting on July 24, 1990, and made the following Findings: A. Density level in each zone requires a study via the General Plan update; B. During the period of study, to control a potential proliferation of over -dense projects, an interim ordinance is necessary to protect the immediate threat to the health, safety and welfare of the public; C. Section 65858 of the Government Code authorizes the adoption of an interim ordinance as an emergency measure which can act to prevent conflicts with the contemplated proposal that the City Council has directed the Planning commission to study; NOW, THEREFORE, the City of Hermosa Beach, California, does hereby ordain the following: SECTION 1. No building permits shall be issued, Conditional Use Permits or Precise Development Plans granted within the R-3 zone for more than one unit for every 1,320 square feet of each existing lot computed on an individual basis. Where lots are assembled resulting in an increase in the possible number of dwelling units, the bonus density may be allowed subject to Planning Commission approval and the imposition of conditions regarding setbacks, height, open space, parking, building layout, architectural and landscaping. SECTION 2. A public hearing shall be held in accordance with procedures set forth in City Council Resolution 78-4237 prior to the Planning Commission rendering its decision on the bonus density. SECTION 3. All decisions of the Planning Commission may be appealed to the City Council within 10 days of the Planning Commission's decision. - 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 SECTION 4. Where a Conditional Use Permit or Precise Development Plan is required for a development, the Planning Commission may grant the higher density in conjunction with the Conditional Use Permit approval. SECTION 5. The granting of additional units, not to exceed the maximum of thirty-three (33) units per acre allowed by the General Plan, and zoning ordinance, shall not be construed as a variance running with the land and if the General Plan is amended in the future to lower the allowed density, then such units may become nonconforming. SECTION 6. This ordinance is effective for a period of one (1) year from today's date. SECTION 7. Pursuant to government Code Section 36937, this ordinance is designed to protect the health and safety and welfare of the citizens of Hermosa Beach and becomes effective immediately upon adoption by a four-fifths (4/5) vote of the City Council. 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, 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. ATTEST: ITY CLERK PASSED, APPROVED AND ADOPTED ON THE 24th DAY OF July , 1990, BY FOLLOWING VOTE: AYES; Essertier, Sheldon, Wiemans; 1ayor Creighton NOES: Mid kke ABSTAIN: No e ABSENT: ne OF HERMOSA B CITY COUN AND MAYOR OF THE CIT CALIFORN APPR ED S TO F0� t t�TTO NEN - 2 - p/ccorr3 L_J 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. 90-1042 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 July, 1990 and was published in the Easy Reader on August 2, 1990. The vote was as follows: • AYES: Essertier, Sheldon, Wiemans, Mayor Creighton NOES: Midstokke ABSENT: None ABSTAIN: None DATED: August 2, 1990 C, 0 )rum a- Q' - Deputy City Clerk K PROOF OF PUBLICATION • (2015.5 C.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 ... WEE;: .LY ...................... in the City of .... HRMOSA BEACH ................. County of Los Angeles, and which newspaper has been adjudged a newspaper 101 of general circulation by the Superior Court of the County of Los Angeles, State of • is California, under the date of..9Z` 1, 19 �L s. Case Number .S ..22141; 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' 8/2 all in the year 19. 90 1 certify (or declare) under penalty of perjury that the foregoing is true and correct Dated at liERMOSA BEACH —C 26t /alifornia, this. .h./.day of JULY / , 19 90 Y' .Z/ Signature Free copies of this blank form may be secured from: CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House P.O. Box 31 Los Angeles. CA 90053 Telephone 625-2541 Pleaserequest GENERcL Proof of PuDIK,3110n wnen oroonnq Ih,s form. This space is for the County__��s Filing Stamp ASG � 3 1990 City Clerk Beach City of Herm°se Prof of Publication of/ A .... 1A..1 .......... 0 CITY OF HERMOSA BEACH ORDINANCE NO. 90-1042 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, EXTENDING INTERIM ORDINANCE NO. 89-1011, CONTROLLING DENSITY ON R•3 ZONED LOTS WHEN THE NUMBER OF UNITS INCREASES WITH LOT ASSEMBLAGE, FOR ONE (1) YEAR. WHEREAS, the City Council held a meeting on July 24, 1990, and made the following Findings: A. Density level in each zone requires a study via the General Plan update; B. During the period of study, to control a potential proliferation of over -dense projects, an interim ordi- nance is necessary to protect the immediate threat to the health, safety and welfare of the public; C. Section 65858 of the Govern- ment Code authorizes the adoption of an interim ordinance as an emer. gency measure which can act to prevent conflicts with the contem- plated proposal that the City Council has directed the Planning Commis- sion to study; NOW, THEREFORE, the City of HermosaBeach does ordain as fol- lows: SECTION 1. No building permits shall be issued, Conditional Use Permits or Precise Development Plans granted within the R-3 zone for more than one unit for every 1,320 square feet of each existing lot com- puted on an individual basis. Where lots are assembled resulting in an increase in thefpossible number of dwelling units, the' bonus density may be allowedsubject to Planning Commission approval and the impo- sition of conditions regarding set- backs, height, open space, parking, building layout, architectural and landscaping, d SECTION 2. A public hearing shall be held 'in accordance with Procedures set forth in City Council Resolution 78-4237 prior to the Plan- ning Commission rendering its deci- sion on the bonus density. SECTION 3. All decisions of the Planning Commission may be ap- pealed to'the City Council within 10 days of the`Planning Commission's decision. SECTION 4. Whereea Condi. tional Use Permit or Precise Devel- opment Plan is required for a devel- opment, the Planning Commission may grant the higher density in con- un with the Conditional Use Permit approval. SECTION S. The granting of ad- ditional units, not to exceed the maximum of thirty-three (33) units per acre allowed by the General Plan, and zoning ordinance, shall not be construed as a variance run - ng with the -land and if the General Ian is amended, in the future to wer the allowed density, then such nits may become nonconforming. SECTION 6. This ordinance is Rectivii0or a period of one (1) year Dm today's date. SECTION 7. Pursuant to Govern - ant Code Section 36937, this ordi- tnce is designed to protectthe aalth and safety and welfare of the tizens of Hermosa Beach and be - Imes effective immediately upon loption by a four-fifths (4/5) vote of e City Council. SECTION 8. Prior to the expire - in of fifteen (15) days after the date its adoption, the City Clerk shall use this ordinance to be published the Easy Reader, a weekly news - per of general circulation pub - had and circulated in the City of ?rmosa Beach, in the manner pro - led by law. SECTION 9. The City Clerk•shall rtify to the passage and adoption this ordinance, shall enter the me in the book of original ordi- nces of said city, and shall make nutes of the passage and adoption ;reof in the records of proceedings the City Council at which the same passed and adopted. PASSED, 'APPROVED. AND OPTED on the 24th day of July, i0, by the following vote: ES: Essertier, Sheldon, mans, Mayor Creighton ES: Midstokke STAIN: None ABSENT: None ROGER CREIGHTON PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California TEST: )me Valdes. Deputy City Clerk PROVED AS TO FORM: vard W. Lee, City'Attorney ER 8/2/90 HBL-469 • 0 • 0 • 1 2 3 4 5 6 71 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE 90-1043 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE TEXT FOR THE SPECIFIC PLAN AREA FOR THE BILTMORE SITE TO CHANGE THE PERMITTED USE FROM A HOTEL TO RESIDENTIAL, AND AMENDING THE ZONING MAP TO REZONE PARKING LOT "C" FROM SAID SPECIFIC PLAN AREA TO C-2 - RESTRICTED COMMERCIAL AND ADOPTION OF A NEGATIVE DECLARATION WHEREAS, the City Council held a public hearing on Zone Change 90-2 for the Biltmore site and Parking Lot "C" on July 10, 1990, to receive oral and written testimony, and made the following Findings: A. The proposed rezoning will not cause a significant impact on the environment as it involves a change to a lower intensity use on the Biltmore Site and a change back to the previous zoning of Parking Lot "C," prior to its incorporation into the hotel plan; B. Residential use of the Biltmore Site is consistent with adjacent and surrounding land uses which to the north and east are predominantly multi -family residential uses; C. The Specific Plan Area zone will allow a density consistent with the Medium Density General Plan designation and the provisions of the Specific Plan Area will ensure that the development of the site is consistent with the character of surrounding uses and of an appropriate density given the existing congestion of the area; D. The citizens of the City of Hermosa Beach, have expressed their general opposition to non-residential use of the site by voting against proposals to use the Biltmore Site for 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 visitor oriented commercial purposes such as a hotel or retail commercial uses; NOW, THEREFORE, the City of Hermosa Beach, California, hereby amends zoning map as shown on the attached map, and amends the zoning ordinance text, described as follows: SECTION 1. The following text shall be added to the zoning ordinance: Article 9.6, Chapter 1, Specific Plan Area No. 1 Section 9.61-1. Authority. This Specific Plan Area is an instrument for implementing the General plan pursuant to Article 8, Chapter 3, of the State of California Planning and Zoning Law (California Government Code Section 65450 et. Seq.) Section 9.61-2 Location and Description. The subject area is located on the east side of the Strand generally between 14th Street and 15th Street, and extending to approximately 350 feet west of Hermosa Avenue. Section 9.61-3 Purpose. The purpose of the Specific Plan Area is to set forth the development requirements, standards and permitted uses for the subject area. Section 9.61-4 Permitted Uses and Density. A. Any use permitted in the R-1 (One -Family) Residential Zone to a maximum of 12 dwelling units. B. Condominium developments consistent with the provisions of the Condominium Ordinance of the City of Hermosa Beach to a maximum of 14 dwelling units. Section 9.61-5 Development Standards A. A minimum of three (3) off-street parking spaces shall be provided for each dwelling unit. B. Lot coverage shall not exceed 50% of the entire Specific Plan Area. C. A minimum setback of 10 feet shall be provided from the Strand. D. The development of condominiums shall require the merging of the existing lots into one parcel. 1 • 2 • 3 4 5 6 7 8 9 ]0 11 12 13 • 14' 15 16 17 18 19 20 21 22 23 • 24 25 26 • 27 28 E. Development standards shall be as set forth in ARTICLE 5. R-2 TWO-FAMILY RESIDENTIAL ZONE, except pertaining to lot coverage and setbacks as stated in Section 9.61-5(B) and 5(C). F. All other standards shall be as set forth in the City of Hermosa Beach Zoning Ordinance, except pertaining to required parking spaces as stated in Section 9.61-5A. SECTION 2. Rezone the property commonly known as Parking Lot "C" from Specific Plan Area to C-2 Restricted Commercial, legally described as follows: - Lots 19 through 29, inclusive, and lots 32 and 33, Hermosa Beach Tract 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 28th day of August, 1990, by following vote: AYES: Creighton, Essertier, Midstokke NOES: Wiemans, Mayor Sheldon ABSTAIN: None ABSENT: None PRESIb1T''6f the GCity Council and MAYOR of the City of Hermosa Beach, California ATT ST: d. A-bWA � ). U. . CITY CLERK APPROVED AS TO FORM: 0 f t10:1e CITY ATTORNEY P/ccordblt • • 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. 90-1043 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 August, 1990 and was published in the Easy Reader on September 6, 1990. The vote was as follows: • AYES: Creighton, Essertier, Midstokke NOES: Wiemans, Mayor Sheldon ABSENT: None ABSTAIN: None DATED: September 6, 1990 i 0.. Deputy City Clerk • I \4SH )7E 340 lR PxEV. A:SM-r. SEE: 159-10 - 05b • p L� c T HER MOSA BEACH M.B. 1-25-26 CONDOMINIUM PARCEL MAP P. M. 196-58 P..S5ESS0� it : S� o .4 HERMOSA BEACH M. B. 1-25-26 p� ASSESSOR'SHAP COUNTY OF LOS ANGELES, CAL 2� 3 m 0 0 CODE 4340 r FOR PREY. ASSMT. SEE: 159-9 S� o .4 HERMOSA BEACH M. B. 1-25-26 p� ASSESSOR'SHAP COUNTY OF LOS ANGELES, CAL r SI 0 s�vr y9a i30 1� p 30 �2S io0 113 n \8 ii- 905 \6 \.T 5 30 z8 9 ZB.B 30 ., ',>Y •cin' `g02 903 O 1n 2i ,00 S� o .4 HERMOSA BEACH M. B. 1-25-26 p� ASSESSOR'SHAP COUNTY OF LOS ANGELES, CAL 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.11F.X4LY....................... in the City of..H:rr RL�LOSA . ......... - - 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 74 California, under the date of..9„, � 1, 19 ,41 Case Number .. gk; Q,..? 2 9 4W 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: .............. �.�z 5r.. Y............ all in the year 19.90.. 1 certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated t..... HERMOSA BEACH .................... •Cal�ifd nia`,thi ... ...... —Signature 19910 ...........: ... • Free copies of this blank form may be secured from: CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House P.O. Box 31 Los Angeles, CA 90053 - Telephone 625-2541 Please request GENERAL Proof of Publication when ordering this form. This space is for the County Clerk's Filing Stamp SEP 10 1990 1 I. City Clerk city of Hermosa Beach +' oof of Pub iJr f ..�i�a F�f ,�:t... ... .......................................................... Paste Clipping of Notice SECURELY In This Space uAJ Vl 11JV sity given the existing congestion of - Section 9.61-5. Development samesinohe book of olriginal rordie- the area; Standards. nances of said and shall make D. The citizens of the City of A. A minimum of three (3) off- ` Hermosa Beach have expressed street parking spaces shall be pro- thereof minutesn the rof theecd ds of proceeassae and dings their general opposition to non-resi- vided for each dwelling unit. dential use of the site by voting` B. Lot coverage shall not exceed of the City Council at which the same against proposals to use the 50% of the entire Specific Plan Area. is Passed and adopted'. CITY OF HERMOSA BEACH Biltmore Site for visitor oriented C. A minimum setback of 10 feet PASSED, APPROVED AND ORDINANCE No. 90-1043 commercial purposes such as a ho- shall be provided from the Strand. ADOPTED D this 28th following y of August, AN ORDINANCE OF THE CITY OF tel or retail commercial uses City miniiu s shall equiD. The irment of re thwmerging of VOTE: AYES HERMOSA BEACH, CALIFORNIA, NOW, THEREFORE, the Ci of AMENDING THE ZONING Hermosa Beach, California, hereby the existing lots into one parcel. _ Creighton, mans,Essertier, Mayor Sheldon NOES: Wiemans, Mayor Sheldon THE amends zoning map as shown on ORDINANCE TEXT FOR E. Development standards shall ABSENT: None SPECIFIC PLAN AREA FOR THE the attached map, and amends the be as set forth in ARTICLE 5, R-2 CHUCK SHELDON BILTMORE SITE TO CHANGE zoning ordinance text, described as TWO-FAMILY RESIDENTIAL PRESIDENT of the City Council THE PERMITTED USE FROM A follows: ZONE, except pertaining to lot cover- and MAYOR of the City of HOTEL TO RESIDENTIAL, AND SECTION 1. The following text shall be addeandd AMENDING THE ZONING MAP TO d to the zoning ordr- age and setbacks C) as stated in Sec- ATTEST: Hermosa Beach, California REZONE PARKING LOT "C” nance:F. All other standards shall be as Naoma Valdes, Deputy City Clerk FROM SAID SPECIFIC PLAN ARTICLE 9.6, CHAPTER 1, set forth in the City of Hermosa APPROVED AS TO FORM: AREA TO C-2 - RESTRICTED SPECIFIC PLAN AREA N0.1 Beach Zoning Ordinance, except Charles S. Vose, City Attorney COMMERCIAL AND ADOPTION Section 9.61-1. Authority. This pertaining to required, parkin ER 9/6/90 HBL-473 9 OF A NEGATIVE DECLARATION. Specific Plan Area is an instrument . spaces as stated in Section 9.61 - WHEREAS, the City Council for implementing the General Plan hell a public hearing on Zone pursuant to Article 6, Chapter 3, of 5(A). Change 90-2 for the Biltmore Site and ZonngtLaw(Californiae of California Government SECTION 2. Rezone the property and Parking Lot "C" on July 10, 1990, common) known as Parking Lot "C' to receive oraland written testimony, Code Section Section 9.6`72. Location and from Specific Plan Area to C-2 Re - and made the following Findings: A. The proposed rezoning will not Description. The subject area is lo- stricted Commercial, legally Be- cause a significant impact on the cetnerall ed on tbetweenhe east '1d4thfSteet and the Strand seri-Ldotss19 through 29, inclusive, environment as it involves a change 95th Street, and extending o ap- , and lots 32 and 33, Hermosa Beach to a lower intensity use on the proximately 350 feet west of Her- Tract. Biltmore Site and a change back to P y SECTION 3. This. Ordinance the previous zoning of Parking Lot moss Avenue. the Section 9.61-3. Purpose. The shall become effective and o in full "C," prior to its incorporation into to of the Specific Plan Area is force and effect from and after thirty hotel plan; B. Residential use of the Biltmore to set forth the development require- (30) days of its final passage and Site is consistent with adjacent and ments, standards and permitted adoption. SECTION 4. Prior to the expire - surrounding land uses which to the uses for the subject area. north and east are predominantly Section 9.61-4. Permitted Uses tion of fifteen (15) days after the date mufti -family residential uses; and Density. A. Any use permitted in of its adoption, the City Clerk shall C. The Specific Plan Area zone the R-1 (One -Family) Residential cause this ordinance to be published win allow a density consistent with Zone to a maximum of 12 dwelling in ter of Easgene Readder cirweekly eekl nnews pub - the Medium Density General Plan units. papdesignation and the provisions of the B. Condominium developments lished and circulated in the City of Specific Plan Area will ensure that consistent with the provisions of the Hermosa Beach, in the manner pro- Specific of the site is consis- Condominiumof Hermosa BeachOrdinance a maximum of the o vid sEc EON 5. The City Clerk shall ent with the character of surround. f dwelling units. certify to the passage and adoption ing uses and of an appropriate den- g Is z • 3 4 5 6 7 8 91 10'' 11 12 13 • 14 15 16 17 18 19 20 21 22 23 • 24 25 26 • 27 28 ORDINANCE NO. 90-1044 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING MAP AND THE ZONING ORDINANCE TEXT BY CHANGING THE "AREA 10" FROM R -2B TO SPECIFIC PLAN AREA NO. 2 AS DESCRIBED BELOW AND SHOWN ON THE ATTACHED MAP AND ADOPTING AN ENVIRONMENTAL NEGATIVE DECLARATION. WHEREAS, the City Council held public hearings on July 10 and July 24, 1990, and made the following Findings: A. The subject area has inconsistent General Plan and Zoning map designation, and state law requires consistency between the General Plan and the Zoning Ordinance; B. In order to make the subject area consistent requires either an amendment to the General Plan Map or the Zoning Map; C. Rezoning the subject area as described below will bring the General Plan into consistency with the current zoning; D. Rezoning the subject area will not have a significant impact on the environment as it willlower the allowed density. NOW, THEREFORE, the City Council of the City of Hermosa Beach, California, does hereby ordain that the zoning map and zoning ordinance be amended as shown on the attached map and described as follows and adoption of an environmental negative declaration: 1. Zone Change from R -2B Two -Family Residential to Specific Plan Area No. 2 the area located between Barney Court and Meyer Court from the south city boundary, to the rear of the lots fronting on Second Street, and legally described as follows: - lots 22-25 and 28-31, inclusive, and a portion of lots 26 and 27, Trafton Heights Tract. 2. The following text shall be added to the zoning ordinance to replace the entire Section 9.62: DIVISION 2. PLAN AREA NO. 2. Section 9.62-1. Authority. This Specific Plan Area is an instrument for implementing the General plan pursuant to Article 8, - 1 - 0 • 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 Chapter 3, of the State of California Planning and Zoning Law (California Government Code Section 65450 et. Seq.) Section 9.62-2 Location and Description. The subject area is located between Barney Court and Meyer Court from the south city boundary, to the rear of the lots fronting on Second Street Section 9.62-3 Purpose. The purpose of the Specific Plan Area is to set forth the development requirements, standards and permitted uses for the subject area. Section 9.62-4 Permitted Uses and Density. A. Any use permitted in the R-1 (One -Family) Residential Zone B. Two units on a lot provided the units are detached C. The minimum lot area per dwelling unit shall be not less 11 than 2000 square feet. Section 9.62-5 Development Standards A. A minimum of three (3) off-street parking spaces shall be provided for each dwelling unit. B. Lot coverage shall not exceed 50%. C. Lots with two street frontages shall have a unit facing each street. D. The maximum height shall be 25 feet with a maximum of two stories. E. All other development standards shall be as set forth in ARTICLE 4. R-1 SINGLE FAMILY RESIDENTIAL ZONE F. All other standards shall be as set forth in the City of Hermosa Beach Zoning Ordinance. 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. 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. - 2 - • 0 • 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 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 August , 1990, by following vote: AYES: Essertier, Wiemans, Mayor Sheldon NOES: None ABSTAIN: Midstokke, Creighton ABSENT: None PRESIDENTooi-the City Council and MAYOR of the City of Hermosa Beach, California ATTEST:1.4 Ae%-M A -7 ))A 0j 17 e 41 \ CITY CLERK APPROVED AS TO FORM: Va4X CITY ATTORNEY - 3 - p/ccorgpa8 • 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. 90-1044 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 August, 1990 and was published in the Easy Reader on September 6, 1990. The vote was as follows: AYES: Essertier, Wiemans, Mayor Sheldon NOES: None ABSENT: None ABSTAIN: Creighton, Midstokke DATED: September 6, 1990 • • I AL�Q Deputy City Clerk Al.'1'1V1T1 lUUNllr ll:aT1uN 1. Location a. Address: Area 10 b. Legal: Varies �. Description To either remain R --2B zoning with General Plan amended from Low Density to Medium Density or change to R-1 zoning to be consistent with General Plan 103. Sponsor a. Name: City of Hermosa Beach b. Mailing Address: 1315 Valley Drive, Hermosa Beach, CA 90254 Phone: (213) 318-0242 NEGATIVE DECLARATION In accordance with Resolution 89=5229 of the City of Hermosa beach, which im- plements the California Environmental quality Act bf 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 be- comes final, no comprehensive Enviromnental Impact Report is required for this project. FINDING OF ENVIRONMENTAL REVIEW COMMITTEE We have.undertaken and completed an Environmental Impact Review of this pro- posed 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, pov-i-d. ttae-a-t- a�taed-m tigati:o.n-meas— -es-awe i-F!=ceded i the ^-�^off ct, it would not have a significant effect on the environment. Documentatioupporti g this finding is on file in the Building Department. _7 � I/-� 8-17-89 Date of Finding airftran, Environmental Review Committee FINDING OF THE PLANNING COMMISSION We have undertaken and completed an Environmental Impact Review of this pro- ject in accordance with Resolution 89-5229 of the City Council of Hermosa Beach, and find that this project does not require a comprehensive Environ- mental nviron- menta1 Impact Report because, --p.-o v-i-d.e=d t h_e-at t.a_c.hed-m.i-t-i_ga ti_an-m.e-a--u r��-r-e i=n•e--1-"eit would not have a significant effect on the en- vironment. Documentation supporting this finding is on file in the Build- ing Department. •Date o Finding rr Ank Planning Commission FINDINGFO THE CITY COUNCIL We have undertaken and completed an environmental Impact Review of this pro- posed project in accordance with Resolution 89-5229 of the City Council of • Hermosa Beach, and find this project does not require a comprehensive En- vironmental n- vironmental Impact Report because, -p r-ovid-e-d-t.h-e-att-a-c-h-e-d—m-tet i g, +- ; n- n mpeas_ r-ev-a e_ i"c.lude.d_i.nath_04er-t, it would not have a significant effect on the environment. Documet�*uat on. supporting this -finding is on file .in the_ Building Department. Date of F� ndinq May/ r, Hermosa Beach City Council • 9 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 .NEZi LY ....................... in the City of ........... 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,�,,, 21 19 %?, Case Number ..SWC„2294,9 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' i.*:g1t..6............ all in the year 100.. 1 certify (or declare) under penalty of perjury that the foregoing is true and correct Dated t HEP140SA BEACH • Cal fo nia, thi .:�..day of. 19 19 ,y 0„ -.M�l .. . ignature • Free copies of this blank form may be secured from: CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House P.O. Box 31 Los Angeles. CA 90053 Telephone 625-2541 Please request GENERAL Proof of Publication when ordering this form. This space is for the County Clerk's Filing Stamp c6__ SEP .� 0199 S - 0 i City Clerk CItY of Hermosa Beach Propf of Publ'catio of 0 CITY OF HERMOSA BEACH ORDINANCE NO.90.1044 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING MAP AND THE ZONING ORDINANCE TEXT BY CHANGING THE "AREA 10" FROM R-213 TO SPECIFIC PLAN AREA NO. 2 AS DESCRIBED BELOW AND SHOWN ON THE ATTACHED MAP ADOPTING AN ENVIRONMENTAL NEGATIVE DECLARATION. WHEREAS, the City Council held public hearings on July 10 and July 24, 1990, and made the following findings: A. The subject area has inconsis- tent General Plan and Zoning map designation, and state law requires consistency between'the General Plan and the Zoning Ordinance; B. In order to make the subject area consistent requires either an amend- ment to the General Plan Map or the Zoning Map; C. Rezoning the subject area as described below will bring the Gen- eral Plan into consistency with the current zoning; D. Rezoning the subject area will not have a significant impact on the environment as it will lower the al- lowed density. NOW, THEREFORE, the City Council of the City of Hermosa Beach, Calffomia, does ordain that the zoning map and zoning ordinance be amendedas shown on the map available in the office of the City Clerk and described as follows and adoption of an environmental nega- tive declaration: 1. Zone Change from R -2B Two - Family Residential to Specific Plan Area No. 2 the area located be- tween Barney Court and Meyer Court from the south city boundary to the rear of lots fronting on Sec- ond Street, and legally described as follows: Lots 22-25 and 28-31, inclusive, and a portion .of Lots 26 and 27, Trafton Heights Tract. 2. The following text shall be added to the zoning ordinance to replace the entire Section 9.62: DIVISION 2. PLAN AREA NO.2. Section 9.62-1. Authority. This Specific Plan Area is an instrument for implementing the General Plan pursuant to Article 8, Chapter 3, of the State of California Planning and Zoning Law (California Government Code Section 65450 et. seq.) Section 9.62-2. Location and De- scription. The subject area is lo- cated between Barney Court and Meyer Court from the south city boundary, to the rear of the lots fronting on Second Street. Section 9.62-3. Purpose.The pur- pose of the Specific Plan Area is to set forth the development require- ments, standards and permitted uses for the subject area. Section 9.62.4. Permitted Uses and Density. A. Any use permitted in the R-1 (One -Family) Residential Zone. B. Two units on a lot provided the units are detached. C. The minimum lot area per dwelling unit shall be not less than 2000 square feet. Section 9.62-5. Development Stan- dards. A. A minimum of three (3) off-street parking spaces shall be provided for each dwelling unit. B. Lot coverage shall not exceed 50%. C. Lots with two street frontages shall have a unit facing each street. D. The maximum height shall be 25 feet with a maximum of two stories. E. All other development standards shall be as set forth in ARTICLE 4. R-1 SINGLE FAMILY RESIDEW TIAL ZONE. F. All other standards shall be as set forth in the City of Hermosa Beach Zoning Ordinance. 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. 4. Prior to the expiration of fifteen (15) days after the date of its adop- tion, 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. 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 said city, and shall make minutes of the passage and adoption thereof in the records of proceedings of"the City Council at which the same is passed and adopted. PASSED, APPROVED AND ADOPTED this 28th day of August, 1990, by the following vote: VOTE:AYES Essertier, Wiemans, Mayor Sheldon NOES: None ABSTAIN: Midstokke, Creighton ABSENT: None CHUCK SHELDON j PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: -Naoma Valdes, Deputy City Clerk APPROVED AS TO FORM: Charles S. Vose, City Attorney ER 9%6190 HBL-474 1 • 2 3 • 4 5 U • 9'' 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. g0-1045 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA AMENDING SECTION 5-9 OF THE HERMOSA BEACH MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 5-9, Chapter 5, of the Municipal Code of the City of Hermosa Beach is hereby amended to read as follows: SECTION 5-9. BOATING. (a) No person shall operate any vessel within three hundred (300) yards of the shoreline of the beach except when necessary in taking it to or from its lawful mooring place or when necessary in the case of emergency. The distance from shore as specified above shall mean the distance measured at right angles to the tangent ,of the actual line between the water and the unsubmerged beach as it exists at the time of measurement. (b) No person shall launch any motorized vessel from the beach. (c) A violation of subsection (a) or (b) shall be an I infraction. SECTION 2. That this ordinance goes into effect thirty days after the date of its adoption. SECTION 3. That 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 1 • 2 3 • 4 5 • 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 • 25 26 • 27 1 28 1 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 time the same is passed and adopted. PASSED, APPROVED AND ADOPTED THIS lltti,day of September, 1990 PRE D of e City Council and MAYOR of the City of Hermosa Beach, California (ATTEST: City Clerk 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. 90-1045 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 September, 1990, and was published in the Easy Reader on September 20, 1990. The vote was as follows: • AYES: Creighton, Essertier, Midstokke, Wiemans, Mayor Sheldon NOES: None ABSENT: None ABSTAIN: None DATED: September 20, 1990 11 • City Clerk PROOF OF PUBLICATION ( 2015.5 C.C.P. ) r 1 LJ 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 WEEKLY and published HERMOSA BEACH ,a in the City of . ................................... .County of Los Angeles,, and , which. -newspaper has been adjudged a.newspaper 0 of general circulation.by the Superior Court' � of -the County of Los Angeles.. State of .. t9/ California, under tfie date of '` ;:19 72 ` SWC 22940 Case Number ..... ...........; .that the notice,- of which the annexed-Is_a printed copy (set in type -Mot. smaller than ' nonpareil),, has been published . In each regular and entire issue of said newspaper and not In any supplement thereof an the following dates, to -wit: 9/.20 ..•..••••.i•....•.•.••.••...•..•••••0...••........•. all in the year 19 .90.. I certify (or declare) under penalty of periury that the foregoing is true and correct. Dated at.. HEEU40SA BEACH SEPTis California, this.��th..day of.. : 1990.. /........ 2) Signature • Froal capias of "is blank farm may be recur" from: CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House P.O. Box 31 Los Angelos, CA 90053 Tolophon• 625-2541 Plea" rooluest Gfi N G R AL Proof of Puioncat:on canon ordering this form. This space is for the County Clerk's ony cre,k City of Ifernoaa Beach Proof of Publication of CITY OF HERMOSA BEACH Ye, CITY OF HERMOSA BEACH ORDINANCE NO. 90-1045 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 5.9 OF THE HERMOSA BEACH MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALI- FORNIA, DOES ORDAIN AS FOL- LOWS: SECTION 1. Section 5-9, Chap- ter 5, of the Municipal Code of the City of Hermosa Beach is hereby amended to read as follows: SECTION 5-9. BOATING (a) No person shall operate any y,- vessel within three hundred (300) yards of the shoreline of the beach except when necessary in taking it to or from its lawful mooring place or when necessary in the case of emer- gency. The distance from shore as specified above shall mean the dis- tance measured at right angles to the tangent of the actual line between the water and the unsubmerged beach as it exists at the time of measurement. (b) No person shall launch any motorized vessel from the beach. (c) A violation of subsection (a) or (b) shall be an infraction. SECTION 2. That this ordinance goes into effect thirty days after the date of its adoption. SECTION 3. That prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of general circu- lation published and circulated in the city of Hermosa Beach, in the man- ner provided by law. SECTION 4. The City Clerk shall cerlity 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 adoption thereof in the records of the proceed- ings of theame City Council at which time the PASSED a APPROVEssed and D LAND ADOPTED this 11th day of Septem- ber, 1990. VOTE:AYES Creighton, Essertier, Midstokke, Wiemans, Mayor Sheldon NOES: None ABSENT: None CHUCK•SHELDON PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: Elaihe Doerfling, City Clerk APPROVED AS TO FORM: Edward W. Lee, '9l 0/90 HB ERL-475 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. 90- 1046 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE TEXT TO ADD INSTALLATION OF AUTOMOBILE AUDIO EQUIPMENT AND ALARMS AS A PERMITTED USE IN THE C-3 ZONE WITH A CONDITIONAL USE PERMIT AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION WHEREAS, the City Council held a public hearing on September 11, 1990, and made the following Findings: A. Installation of audio equipment and alarms in automobiles is not specifically listed as a permitted use in any zone; B. Businesses which install audio equipment and alarms on automobiles create a potential nuisance to adjacent property owners and residents because of the noise impact of installing and testing the equipment; C. Restricting this business activity to the C-3 zone and requiring a conditional use permit will ensure that environmental impacts associated with this activity will be minimized; D. The subject amendment will clarify the existing code in regards to the subject use, and will subject said uses to the proper regulation to ensure compatibility with adjacent land uses; E. Approval of this amendment is not in conflict with the General Plan and is necessary to carry out the general) purpose of the zoning ordinance to serve the public health, safety, and welfare; NOW, THEREFORE, the City Council of the City of Hermosa' Beach, California, does hereby amend the zoning ordinance text as follows, and adopts an environmental negative declaration: - 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 SECTION 1. Amend Section 8-4. C-3 Restricted Commercial zone by adding the following to the permitted use list in alphabetical order: "Automobile alarm sales, installation, and/or repair: Conditional Use Permit required subject to Article 10; Automobile audio equipment sales, installation, and/or repair; Conditional Use Permit required subject to Article 10" 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 25th day of September , 1990, by following vote: AYES: Creighton, Essertier, Midstokke, Wiemans, Mayor Sheldon NOES: None ABSTAIN: None ABSENT: None PRESIDENT of `tte City Cftnci7 and MAYOR of` the City of Hermosa Beach, California AT ST: � CITY CLERK APPROVED AS TO FO RM: � CITY ATTORNEY - 2 - p/persalrm AUTIViTY lUtIA'1.1C11:H'1'lUN 1. Location a. Address: City-wide C-3 zone b. Legal: N/A �. Description Text amendment to add installation of car stereo and car alarms with Conditional Use Permit too C-3 permitted use list �. Sponsor a. Name: City -of Hermosa Beach b. Mailing Address: 1315 Valley Drive, Hermosa Beach, CA 90254 Phone: (213) 318-0242 NEGATIVE DECLARATION In accordance with Resolution 89-5229 of the City of Hermosa beach, which im- plements 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 be- comes final, no comprehensive Enviromnental Impact Report is required for this- project. FINDING OF ENVIRONMENTAL REVIEW COMMITTEE owe have undertaken and completed an Environmental Impact Review of this pro- posed 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, pro. 'Fi-dem the attad-m-itig-atie-n-me-a-s-- u-r-e-s-a-r-e—i n -cru -d -e -d i n -t h -e -p -r -o j-e-ct , it would not h a v e a significant effect on the environment. Documentation su porting this finding is on file in the Building Department. 7-5-90 Date of Finding C airman, Environmental Rev FINDING OF THE PLANNING COMMISSION ew Committee We have undertaken and completed an Environmental Impact Review of this pro- ject in accordance with Resolution 89-5229 of the City Council of Hermosa Beach, and find that this project does not require a comprehensive Environ- mental Impact Report because, p-r-ov d-ed--th-e-atto-ch-ed-m tig-a-do-n----mea-su-r-es asr-e rn-clud-ed in-th-e----p-roie2e t7 it would not hav a significant effect on the en- vironment. Documentation support g thi figlinq�s on file in the Build- ing Department.1. /7/1 // I 8-7-90 • Date of Finding C,6a rman` P1 FINDING OF THE ng Commission TY COUNCIL We have undertaken and completed an environmental Impact Review of this pro- posed project in accordance with Resolution 89-5229 of the City Council of Hermosa Beach, and find this project does not require a comprehensive En- vironmental. Impact Report because, p-r-o-v4-d-ed-tl:�e-aceta r m-' �s-ax-e i n -c -1 -u -d -ed -i -n -t h -e-- •, it would n o t have—a significant effect on the environment. Documentation supportiis f-InAing is on file in the Building Department. /1,� ,77 Date of Findina Ma , HermcOta Beach City Counc • • 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. 90-1046 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 September, 1990, and was published in the Easy Reader on October 4, 1990. The vote was as follows: • AYES: Creighton, Essertier, Midstokke, Wiemans, Mayor Sheldon NOES: None ABSENT: None ABSTAIN: None DATED: October 4, 1990 C, i 1 City Clerk PROOF OF PUBLICATION ( 2015.5 C.C.P. ) • F-1 • 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 6TEEKLY ..................... in the City of ..... ff%IOSA 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,..9/Lr 19Z.1.11 S�JC 22940 Case Number ................: 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: 10/04 .................................................... all in the year 19.9.O.. I certify (or declare) under penalty of perjury that the foregoing is true and correct. HERMDated at.........0 BEACH .... ............... California, this...thCay.. of,OCT... 1990., Signature Pr" conies of thlf wank fdrfn may no secured from: CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House P.Q. Box 31 Los Angeles, CA 90053 Telephone 625-2541 Please request GINERAL Proof of Puaiication when ordering this farm. This space is for the County Clerk's Filing Stamp Prr f of Publication of CITY OF HERMOSA BEACH ORDINANCE NO. 90-1046 AN ORDINANCE OF THE CiTY OF HERMOSA BEACH, CALIFORNIA; AMENDING THE -ZONING ORDINANCE TEXT TO ADD INSTALLATION OF AUTOWGILE AUDIO EQUIPMENT AND ALARMS AS A PERMITTED USE IN THE C-3 ZONE WITH A CONDITIONAL QSE PERMIT AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION WHEREAS, the City Council held a public hearing on September 11, 1990, and made the following Findings: A. installation of audio equip- ment and alarms in automobiles is not specifically listed as a permitted use in any zone; B. Businesses which install au- dio equipment and alarms on auto- mobiles create a potential nuisance to adjacent property owners and residents because of the noise im- pact of installing and testing the equipment; C. Restricting this business ac- tivity to the C-3 zone and requiring a conditional use permit will ensure that environmental impacts associ- ated with this activity will be mini- mized; D. The subject amendment will clarity the existing code in regards to the subject use, and will subject said uses to the proper regulation to en- sure compatibility with adjacent land uses; E. Approval of this amendment is not in conflict with the General Plan and is necessary to carry out the general purpose of the zoning ordi- nance to serve the public health, safety, and welfare; NOW, THEREFORE, the City Council of the .City of Hermosa Beach, California, does hereby amend the zoning ordinance text as follows, and adopts an environ- mental negative declaration: SECTION 1. Amend Section 6-4. C-3 Restricted Commercial zone by adding the following to the permitted use list in alphabetical order: Automobile alarm *Sales, instal- lation, and/or repair: Conditional Use Permit required subject to Article 10; Automobile audio equipment sales, installation, and/or repair; Conditional Use Permit required subjecfto Article l0' _ -- - - 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 i adoption - SECTION 3. Prior to the expira- tion of fifteen (15) days after the date i of its adoption, the City Clerk shall cause this ordinance to be published , in the Easy Reader, a weekly news- paper of general circulation, pub- lished and circulated in the City of ' Hermosa Beach,.in the manner pro- vided 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 ordi- nances of said city, and shall make minutes of the passage and adoption thereof in the records at proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED AND ADOPTED this 25th day of,Septem- ber, 1990, by the following vote: VOTE: AYES Creighton, Essertier, Midstokke, Wiemans, Mayor Sheldon NOES: None ABSTAIN: None ABSENT: None CHUCK SHELDON , PRESIDENT of the City Council' and MAYOR of the City'of Hermosa Beach, California ATTEST: Naoma Valdes, Deputy City Clerk APPROVED AS TO FORM: Charles S. Vose, City Attorney ER 1114/90 H_- f] • U 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 ORDINANCE NO 90-1047 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE MUNICIPAL CODE WITH RESPECT TO THE REVOCATION AND SUSPENSION OF BUSINESS LICENSES. THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: Section 1: Section 17-21 of the Hermosa Beach Municipal Code is hereby amended to read as follows: "Section 17.21. Revocation and Suspension of Licenses. Any license issued under the provisions of this title is issued and used by all parties receiving or using the same subject to the express condition that the City Council may revoke or suspend the license or impose new conditions in any of the followings instances: A. Where the City Council finds and determines that the preservation of the public health, safety and peace demand revocation of such license or permit; B. Where the licensee or permittee has violated any provisions of this code, any ordinance of the city or any other provision of 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 C. Where a permit or license has been granted on false or fraudulent evidence, testimony or application; D. Where the licensee or permittee has violated the terms and provisions of such license or permit; E. Where the licensee has conducted the business in an immoral or disorderly manner, or has failed to exercise reasonable efforts to maintain order among the customers and patrons and to prevent violation of law or ordinance by them; or F. The business has been conducted as to be a public nuisance. G. By the license collector, where the licensee has failed to pay the charges imposed by this chapter or to file reports as required by this chapter within sixty (60) days after such charges or reports become delinquent." Section 2. Section 17-21.1 is hereby added to the Hermosa Beach Municipal Code to read as follows: "Section 17-21.1 Revocation or Suspension Hearing No license shall be revoked without giving the holder thereof an opportunity to appear before the City Council and be heard 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 in his own behalf. The City Council or City Manager may initiate such revocation proceedings and shall cause a notice of such hearing to be given to the holder of such license at the address set forth in the license application of the time and date of the hearing at least ten calendar days before the hearing. At the time set for the hearing or at the date to which the hearing may be continued by the City Council, the holder of the license may be heard and may present any facts to show why such license should not be revoked, and the City Council shall hear statements from other persons who may attend the hearing and present reasons why the license should or should not be revoked, and may, if it so desires, place under oath and question any person before it. At the close of the hearing, or at any time within thirty days thereafter, the City Council shall determine from the facts produced at the hearing, and from any other facts in its possession whether or not the license should be revoked, and shall make its order accordingly and may make such order conditional upon the doing or not doing of any act by the holder of the license or his agents or servants, which the City Council 3 • n U 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 deems for the public good. on the revocation of the license, all license fees shall be forfeited to the City. Notice of such revocation shall be given to the license holder by the City Clerk. A license may be suspended for such time and subject to such conditions as the City Council may impose in the same manner and for the same reasons that a license may be revoked. From and after the revocation or suspension of said license by the City Council, such license shall be null and void and no business shall be conducted or operated in any manner during any period of license revocation or suspension." Section 3. This ordinance shall become effective and be in full force and effect from and after 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 the summary to be published in the Easy Reader, a weekly newspaper of general circulation, published and circulated in the City of Hermosa Beach. W 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 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 September 1990. President of the ity Council and Mayor of the City of Hermosa Beach, California ATTEST: City Clerk APPROVED AS TO FORM: i r1� 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. 90-1047 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 September, 1990, and was published in the Easy Reader on October 4, 1990. The vote was as follows: AYES: Creighton, Essertier, Midstokke, Wiemans, Mayor Sheldon NOES. None ABSENT: None ABSTAIN: None DATED: October 4, 1990 11 • l City Clerk PROOF OF PUBLICATION (2015.5 C. 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 .....;�EKLY..... in the City of .....HER11,4OSA 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... / .! 19 E"., 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. 10/04 o ...................•............................... all in the year 19.90, I certify (or declare) under penalty of perjury that the foregoing is true and correct. HERMOSA BEACH ®aced at ......................................... . California, this. .......day of.�C..... 19 90.. .................... ..�,:� .. �c ........ ASignature • free t:o**s at this blank form may he sature i from: CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House P.O. Box 31 Los Angeles, CA 90053 Telephone 625-2541 Pleasorequesf GiNBRAL Proal of Pumicaflon when ordering this farm. This space is for the County Clerk's Filing Stamp Prpof ofr Publication of _„ � duced at the hearing, and from"any ' • fother facts in its possession whether I or not the license should be revoked, CITY OF HERMOSA BEACH and shall make its order accordingly • and may make such order condi- ORDINANCE No. -1047 AN ORDINANCE OF TBHOE CITY OF I any act by the holder doing upon the doingor not of HERMOSA BEACH, CALIFORNIA, AMENDING THE MUNICIPAL f the license or ; his agents or servants, which the City Council deems CODE WITH RESPECT TO THE REVOCATION AND SUSPENSION for the public good. On the revocation of the li- cense, license OF BUSINESS LICENSES. THE CITY COUNCIL OF THE all fees shall be for - feited to the City. Notice of such revocation CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: shall be given to the li- cense holder by the City Clerk. A license SECTION 1. Section 17-21 of the Hermosa Beach Municipal Code may be suspended for such time and subject to such conditions as the City is hereby amended to read as follows: "Section Council may impose in the same manner and for the same 17.21: Revocation and Suspension of Licenses. reasons that a license may be re - voked. From and after the revocation Any license issued under the Provisions of this title is issued and or suspension of said license by the City Council, such license shall be used by all parties receiving or using the same subject to the express null and void and no business shall be conducted or operated in any condition that the City Council may revoke or suspend the license or manner during any period of license I revocation or suspension." Impose new conditions in any of the following instances: SECTION 3. This Ordinance shall become effective and be in full A. Where the .City Council finds and determines that the preservation force and effect from and after thirty (30) days of its final passage and of the pudic health, safety and Peace demand revocation of such adoption. SECTION 4. Prior to the expira- license or permit; B. Where the licensee or permit- tion of fifteen (15) days after the date of its adoption, the City Clerk shall tee has violated any provisions of this code, any ordinance of the city, cause the summary to be published in the Easy Reader, a weekly news or any other provision of the law, C. Where a permit or license has - paper of general circulation pub - lished and circulated in the City of been granted on false Or fraudulent evidence, testimony or application; Hermosa Beach. SECTION S. The City Clerk shall D. Where the licensee or permit- tee has violafed the terns and provi- certify to the passage and adoption of this ordinance, shall enter the suns of such license or permit; E. Where the licensee has con- same in the book of original ordi- nances of said city, and shall make ducted the business in an immoral or disorderly manner, or has failed to minutes of the passage and adoption thereof in the records of proceedings exercise reasonable efforts to main- tain order among the customers and of the City Council at which the same is passed and adopted. Patrons and to prevent violation of law or ordinance by them; or PASSED, APPROVED AND ADOPTED this 25th day of F. The business has been con- ducted as to be a public nuisance. - September, 1990, by the following vote: G. BY the license collector, where the licensee has failed to pay the VOTE: AYES Creighton, Essertier, Midstokke, charges imposed by this chapter or to file reports as required by this Wiemans, Mayor Sheldon NOES: None ABSTAIN: None chapter within sixty (60) days after ABSENT: None such charges or reports become delinquent." CHUCK SHELDON SECTION 2. Section 17-21.1 is PRESIDENT of the City Council and MAYOR of the City of hereby added to the Hermosa Beach Municipal Code to read as follows: Hermosa Beach, California ATTEST:_ 'Ssctton 17-21.1 Revocn- or Suspension Hearing. 'i Naoma Valdes, Deputy City Clerk APPROVED AS TO FORM: No license shall be revoked with- out giving the holder thereof an op- h 'portunity Charles S. Vose, City Affo ' ay ER 10/4/90 HBL-478 to appear before the City Council and_be, heard in his own -benaff: The City Council or City . Manager may initiate such revoca- tion proceedings and shall cause a notice of such hearing to be given to the holder of such license at the address set forth in the license appli- cation of the time and date of the hearing at least ten calendar days J -before the hearing. At the time set for i the hearing or at the date to which the hearing may be continued by the City Council, the holder of the license may be heard and may present any facts to show why such license should not be revoked, and the City Council shall hear statements from other persons who may attend the hearing and present reasons why the license should or should not be re- voked, and may, if it so desires, Place under oath and question any Person before it. At the close of the hearing, or at any time within thirty days thereafter, the City Council shall determine from the facts oro- 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 90-1048 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING MAP FROM R-1, SINGLE FAMILY RESIDENTIAL, TO OS, OPEN SPACE, FOR THE CALIFORNIA WATER SERVICE COMPANY PROPERTY LOCATED EAST OF PROSPECT AVENUE BETWEEN 15TH AND 17TH STREET AS DESCRIBED BELOW AND ON THE ATTACHED MAPS AND ADOPTING AN ENVIRONMENTAL NEGATIVE DECLARATION. WHEREAS, the City Council held a public hearing on the Third Quarter General Plan Amendments and zone changes to bring selected areas into consistency (ZON 90-3) on October 9, 1990, and made the following Findings: A. The subject area has inconsistent General Plan and Zoning map designation, and state law requires consistency between the 'General Plan and the Zoning Ordinance; B. In order to make the subject area consistent requires either an amendment to the General Plan Map or the Zoning Map; C. A zone change from R-1 to Open Space recognizes the existing and historic land use of the subject area and will bring the zoning map into consistency with the General Plan; D. The Open Space zoning designation will recognize the existing land uses of the subject property and therefore does not cause any impact on the environment; NOW, THEREFORE, the City of Hermosa Beach, California, does hereby amend the zoning map as shown on the attached map and described as follows, and further adopts an environmental negative declaration: SECTION 1. Zone Change from R-1, Single -Family Residential to OS, Open Space for the California Water Service Company property located east of Prospect Avenue, between 15th Street and 17th Street and legally described as follows: - 1 - 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 • 24 25 26 • 27 28 - portion of lots 4 and 5 block 88, Second addition to Hermosa Beach. 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 23rd day of October , 1990, by following vote: AYES: Creighton, Essertier, Midstokke, Wiemans, Mayor Sheldon NOES: None ABSTAIN: None ABSENT: None PRESIDENT of t1fe City Counc of Hermosa Beach, California ATTE T: CITY CLERK AP D 0 FO CITY ATTORNEY p/perszc3a - 2 - and MAYOR of the City • � SUBJECT AREA I CURRENT GENERAL PLAN DESIGNATION: OPEN SPACE • CURRENT ZONING: R-1 PROPOSED ZONE CHANGE: R-1 TO OPEN SPACE LD: LOW DENSITY MD: MEDIUM DENSITY HD: HIGH DENSITY OS: OPEN SPACE CC: COMMERCIAL CORRIDOR LD TREE' LD _- ': LD os LD z I HERMOSA M D MD......: Q `` L D �►E1,v roL E" LD LD Jos LD IZHo� S SCHOOL z w MD MD z w w Iu Arl .4iy4 S LD J LD IDE s40 ANGELA HEIGHTS M. B. 9- 14 9 SECOND ADDITION TO HERMOSA—BEACH M. B. 3-11-12 R PREV. ASSM-r. SEE: 160-5 PARCEL MAP. sso� S fli,p P M Z 0 B COUNTY OF LOS ANGELES C ACTIVITY IDENTIFICATION 1. Location a. Address; California Water Service Company Portion of Lots 4 & 5, Block 88, Second Addition to Hermosa b. Legal: Beach Tract �. Description To rezone the entire property from R-1 to Open Space �. Sponsor a. Name: City of Hermosa Beach, b. Mailing Address: 1315 Valley Drive, Hermosa Beach, CA 90254 Phone:(213) 318-0242 NEGATIVE DECLARATION In accordance with Resolution 89-5229 of the City of Hermosa beach, which im- plements 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 be- comes final, no comprehensive Enviromnental Impact Report is required for this project. FINDING OF ENVIRONMENTAL REVIEW COMMITTEE te have undertaken and completed an Environmental Impact Review of this pro- osed 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, a -t ae-h-e��i-m4I; ^� tit -are —=ntiludedra—th^ ^r^;^^*, it would not have a significant effect on the environment. Documentation upporting this f'nding is on file in the Planning Department. I — /9- ?0 Date of Finding hairman, nviron ental Review Committee FINDING OF THE PLANNING COMMISSION We have undertaken and completed an Environmental Impact Review of this pro- ject in accordance with Resolution 89-5229 of the City Council of Hermosa Beach, and find that this project does not require a comprehensive Environ- mental nviron- mental Impact Report because, p g o v i d®d-ti h-e—a-t t a-c.h-e•d-m-m t g-a-t-i.o-n—me-a-s-ux-e-s--a-r-e 11neluded—in—th-e—p-r-e-�-e-c+, it would of hav a significant effect on the en- vironment. Documentation ing Department. ,(�-�-o ate of Finding suppo ng thd fip,4ing As on file in the Plann- rman; P;Ayrning Commission FINDING OF THZ/CITY COUNCIL We have undertaken and completed an environmental Impact Review of this pro- posed project in accordance with Resolution 89-5229 of the City Council of Hermosa Beach, and find this project does not require a comprehensive En- vironmental n- vironmental Impact Report because, d-e-d—t.h-e_a_tta.c.h ��—a-r-e n-c1u.d=e,d n—th- 04eet, it would not have a significant effect on the environment. Documentation supporting th?""I/I digg is on file in the Planning Department. �� �o- a B - is ��y � S-/_ --- Date of Findina Mayor, HermdVa BeacTiCity Counci • • 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. 90-1048 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 October, 1990, and was published in the Easy Reader on November 1, 1990. The vote was as follows: AYES: Creighton, Essertier, Midstokke, Wiemans, Mayor Sheldon NOES: None ABSENT: None ABSTAIN: None DATED: November 1, 1990 • 0 r�lam C(- �) (- L City Clerk • 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. 90- 1049 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE TEXT TO ADD MOTORCYCLE SALES AND MOTORCYCLE PARTS SALES AS PERMITTED USES IN THE C-3 ZONE WITH A CONDITIONAL USE PERMIT AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION WHEREAS, the City Council held a public hearing on October 23, 1990, and made the following Findings: A. Motorcycle sales and motorcycle parts sales are not specifically listed as a permitted use in any zone while motorcycle repair is listed subject to a conditional use permit; B. Businesses which sell motorcycles and motorcycle parts create a potential noise problem to adjacent property owners and residents because of the noise impact of the customers use of motorcycles, potential test driving, and testing of engines on the site; C. Restricting this business activity to the C-3 zone and requiring a conditional use permit will ensure that environmental impacts associated with this activity will be minimized; D. The subject amendment will clarify an ambiguity in the existing code in regards to the subject use, and will subject said uses to the proper regulation to ensure compatibility with adjacent land uses; E. Approval of this amendment is not in conflict with the General Plan and is necessary to carry out the general purpose of the zoning ordinance to serve the public health, safety, and welfare; - 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 NOW, THEREFORE, the City Council of the City of Hermosa Beach, California, does hereby ordain that the zoning ordinance text be amended as follows, and recommends adoption of an environmental negative declaration: SECTION 1. Amend Section 8-4. C-3 Restricted Commercial zone by adding the following to the permitted use list in alphabetical order: "Motorcycle parts and accessories (new) retail sales; Conditional Use Permit required subject to Article 10 Motorcycle sales, new and used: Conditional Use Permit required subject to Article 10" SECTION 2. This ordinance shall become effective and be in full force and effect from and after thirty (30) days of its final passage and adoption. SECTION 3. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of general circulation published and circulated in the City of Hermosa Beach, in the manner provided by law. SECTION 4. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED, and ADOPTED this 13th day of November 1990, by following vote: AYES: Creighton, Essertier, Midstokke, Wiemans, Mayor Sheldon NOES: None ABSTAIN: None ABSENT: None n _ PRESIDENT bt the City" Council and MAYOR of the City of Hermosa Beach, California ATTEST: CITY CLERK APPR V D TO 4ORM CITY ATTORNEY - 2 - p/persauto • • 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. 90-1049 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 November, 1990, and was published in the Easy Reader on November 22, 1990. The vote was as follows: • AYES: Creighton, Essertier, Midstokke, Wiemans, Mayor Sheldon NOES: None ABSENT: None ABSTAIN: None DATED: November 22, 1990 L` • City Cler A�.11 Y 1 . 1 ----r- r__---- 1. Location a. Address: City wide b. Legal: N/A �. Descri tion ext amendment to add "motorcycle sales" and " motorcycle parts sales" or to eliminate "motorcycle repair" on the commercial permitted use list �. Sponsor a. Name: City of Hermosa Beach, Planning Department b. Mailing Address: 1315 Valley Drive, Hermosa Avenue, CA 90254 Phone: (213) 318-0242 NEGATIVE DECLARATION In accordance with Resolution 89-5229 of the City of Hermosa beach, which im- plements 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 be- comes final, no comprehensive Enviromnental Impact Report is required for this project.. FINDING OF ENVIRONMENTAL REVIEW COMMITTEE We have undertaken and completed an Environmental Impact Review of this pro- osed 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, -prow d-e,d-th-e-a-ttach•ed-m-i-tig-a-tio-n-m•e-a-s=- u-r-es-ar-e-4n-camu-ded i-n-th.e-pr-oj-e-c-t, it would not have a significant effect on the environment. Documentation s}zpport,;ng this finding is on file in the Planning Department. 9-20-90 Date of Finding rman!,"Ernvironmental Review Committee FINDING OF THE PLANNING COMMISSION We have undertaken and completed an Environmental Impact Review of this pro- ject in accordance with Resolution 89-5229 of the City Council of Hermosa Beach, and find that this project does not require a comprehensive Environ- mental nviron- mental Impact Report because, -p.r o v i d -e d -t h-e-a-t-t.a.c.h.e.d-m i-t.i.g-a t.i.o.n-m ea.su r_e s -a r e i-n-c-l-ud-e-d-i-n-th-e-p-r-of-e-ct, it would not have a significant effect on the en- vironment. Documentation support'ng this find.ing� on file in the Plann- ing Department. ` 10-2-90 `-/ /2j,, E/ 4 Wb—ate of Finding Charman', "Pia FINDING OF THE CSI' ng Commission COUNCIL We have undertaken and completed an environmental Impact Review of this pro- posed project in accordance with Resolution 89-5229 of the City Council of *Hermosa Beach, and find this project does not require a comprehensive En- vironmental n- vironmental Impact Report because, -p-r-ovid-e d -t h -e -a -t t-ac-h-e-d—m t i-ga-t-i-e-n--m e -a -s - u -r -e -s -a -re in-c-lud.e�d in th-e-p.r-oj�, it would not have a significant effect on the environment. Documentation supportin this ;f* ding is on file in the Planning Department. �_ ; , n � Date of Findino Mayor, Hermosa'Beach City Counci • • • • 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 general of newspaper p g circulation, printe� WEEKLY and published ........ ..,.............. ,..... HERMOSA BEACH in the City of ...,.., ... ...................... 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 72 California, under the date of,,, 9 21 19 ,... SWC 22940 Case Number ................: 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' 122 1 1......... . ................ ......... all in the year 19.90.. 1 certify (or declare) under penalty of perjury that the foregoing is true and correct. HERMOSA BEACH Dated at ....,............... 30th NOV 90 Californiia, this...., r. ..day yof... ....,., 19 Signature Free conies of this dank form may be secured from: CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House P.O. Box 31 Los Angeles, CA 90053 Telephone 625-2541 Please request GENERAL Proof of Publication when ordering this form. This space is for the County Clerk's Filing Stamp DEC 01 r; JJ 11.E City Clerk City of Hermosa Beach r"^I PPrrgof of Publication of HHODC D SD . 11 M— mmam D"'aa� mm0_0+�0 SZ A ��omoam3 �°cm <mmaO�o33o00< m° arra S ;ao-rn..OM �oC 220< mm°Nn�3m0m mam(nf�ZrO nZmZZ= m-o°momamw p7+DDOnMD00y °vn i 91 �'D D�00N�mmSx02� m3-o0m�mom o 01,-00-,,nM,a1Nn y a°Nmmmy�� F�<Zm90-4(A 'nmotoe a�33.n� o oor0 DOZSADD20noD ammo cowl �M� �Zra-mmOOOi�fOi o J_o N <O ON °J»w� Qm�� aW`-_' mit i� Po m ,conn aJt-o- 3-6 0< jmc 2 _3 3 m to >0 m ^ a 3 J - n_ o- CD @ 6 � m•< m n m � � n n m n » �� ni o � am--m'm 7•<'2ry O NNO o SJ �tp O.?wOwN�S2m <NN~ww QO Nay W�.m C, CD _ 10 Jno3.m mmmmwf. oov mm ,nmm3.oAv.Oo3.P' Tom..o�230�»... �:� �� ot'oo wN ato3�>jotn'o.,�T m.»6_6:1,mt°D L.._ .. 2.wm J..m-o m N0-noo mm$°m D vm°mwJaT LCD�3 '733.o6 wo�. 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C1 �m0=6 o. m OZNJ {O01.11 Jp0 O -tmw AL NON= m.O.N-4OJn 3 �yytmn, ��nommnimSmZf twD�m�iioJZO �mcmiZ�w0 00 0—mL a ot, Ntmo a C1 w w�' mwF0NmOe.dJy 2F,. 0. ,yJW �Cn i5i—Ca,0,`FNn m2NSODIn. -5IOy-�OOm nmmC?w 0 D3?°m onm �om�m—o<so-O oa G �omm4 3f cofn �vnnto 0mx oZ3 0 mm nnm 3m -O�mN QnXNx5nO..-.'m F O LO rm m D�O�O O °Ja3 m wm0 N m J_nm,°» ' D mDmD D 9.80 :1 W11 am cn M m o Opp m Z moa Sam z o ,.m m (Ditto o ;CZ m DgoO u X00 o m o» c NDOO D' am 0 too Tom 05 71 03 3 0, 2: W � _ °- 0 m r o,c0 J W ti Z L L --90-105() 11 • 2 3 • • • 4 5 9 10 11 12 13 14 15 16 17 18 19 all 21 22 23 24 25 26 • 27 28 ORDINANCE NO. 90-1050 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING ARTICLE XIII OF THE HERMOSA BEACH CITY CODE RELATED TO FEES AND SERVICE CHARGE REVENUE/COST COMPAR- ISON SYSTEM AND AMENDING VARIOUS OTHER SECTIONS OF THE CODE INCONSISTENT THEREWITH. WHEREAS, the City has conducted a general review of its user fees and cost allocations as part of a study performed by David M. Griffith Associates; and WHEREAS, the purpose of this review is to update fees and charges and clarify the procedure by which fees and charges are kept current, to allow more frequent and routine updating; and WHEREAS, the procedure developed in 1984 during the last general update has not proven to be a clear or efficient method to keep fees and charges updated; and WHEREAS, fees and charges are typically set by resolution, where they can be consolidated for easier reference and updating; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Article XIII of the Hermosa Beach City Code is hereby amended by deleting in their entirety Sections 2-110, 2- 112, 2-113, and 2-114; by amending Sections 2-109 and 2-115; by adding a new Section 2-111, and by renumbering sections so that Article XIII is amended to read as follows: "ARTICLE XIII. FEE AND SERVICE CHARGE REVENUE/COST COMPARISON SYSTEM. Sec. 2-109. Intent. Pursuant to Article XIIIB of the California Constitution, it is the intent of the City Council to require the ascertainment and recovery of costs reasonably borne from fees and charges 1 I' • 2 3 • 4 5 6 7 8 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 levied therefor in providing the regulation, products or services. Sec. 2-110. "Costs reasonably borne', defined. "Costs reasonably borne," as used and ordered to be applied in this article are to consist of the following elements: (a) All applicable direct costs including, but not limited to salaries, wages, fringe benefits, services and supplies, operations expenses, contracted services, spe- cial supplies, and any other direct expense incurred. (b) All applicable indirect costs including, but not re- stricted to, building maintenance and operations, equip- ment maintenance, communication, printing and reproduc- tion, and like distributed expenses. (c) Fixed assets recovery expenses, consisting of deprecia- tion on fixed assets, and additional charges, calculated on the cost divided by the approximate life expectancy of the fixed asset. (d) General overhead, expressed as a percentage, distribut- ing and charging the expenses of the city council, city manager, finance department, city treasurer, city clerk, city attorney's office, community promotion, personnel office, and all other staff and support services. (e) Departmental overhead, expressed as a percentage, dis- tributing and charging the cost of each department head and his or her supporting expenses. Sec. 2-111. Schedule of Fees and Service Charges. Fees and service charges, whether or not provided for else- where by ordinance, shall be set and adjusted by resolution of the City Council following a public report and recommendation 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 from 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, not sub- ject to Section 54990 et. seq. of the California Government Code, when no fee has otherwise been established, and the request can- not be met unless the City incurs costs that can be reasonably borne from fees and charges. Fees specified in Sections 54990 and 54991 of the California Government Code shall be effective only after meeting the requirements set forth in Section 54993. To the extent possible, the City's fees and charges shall be fixed by one master fee resolution of the Council. Sec. 2-112. Appeal to City Council. Any person who feels that any fee or charge is in excess of the percentage of costs reasonably borne to be recovered, or is inappropriately set, may appeal in writing to the City Council. SECTION 2. Section 4-4(a) is hereby amended to read as fol -I lows: "Any person desiring to keep, harbor, possess, or maintain any nonhousehold animal as required under the provisions of this article shall make application for such permit in writing, ad- dressed, and file the same with the general services department on a form to be supplied by that office. Each application shall be accompanied by an application fee, payable to the City, of an amount fixed by resolution of the City Council, which shall be retained by the city to cover its costs in connection with the processing of such application and which shall not be refunded. Such application shall state the kind of animal for which the permit is desired, the location of the premises where the same is to be kept or maintained, and the manner in which the applicant proposes to keep the same, giving details as to enclosures, 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 tethers, cages or other means which the applicant proposes to employ in the event the permit is granted and their distance from the nearest dwelling or other structure used for human habitation." SECTION 3. Section 4-4.1 is hereby amended to read as fol- lows: "Upon the granting or denial of a permit or revocation, the applicant and all parties expressing concern shall be notified of the decision by the General Services Director in writing. Appeals shall be in writing, including specific items of dis- agreement with the General Services Director's decision or find- ings. Appeals shall be filed with the city clerk's office within fifteen (15) days of the issuance of the report of decision and findings. The fee for appeals shall be an amount fixed by resolution of the City Council. The filing of an appeal with the City Clerk shall stay the decision of the General Services Direc- tor until the appeal has been acted on. When an appeal is filed, the General Services Director shall forward the record of the case to the City Council. The City Council shall conduct a public hearing. Such hearings shall be held within forty (40) days of the Council's receipt of the written appeal. The City Council shall announce its decision and findings within sixty (60) days of the closing of the hearing, unless good cause is shown for an extension of time. The Council may incorporate by reference the findings of the General Services Director. Within thirty (30) days of the final decision on the administrative pro- cess, the City Council shall mail notice to the appellant and applicant. A copy of this notice shall be included in the General Services Director's files." 11 • 2 3 • • 4 5 6 7 8 12 13 14 15 16 17 18 19 20 21 22 23 24 • 25 26 • 27 28 SECTION 4. Section 4-11 (a) is hereby amended to read as follows: "Every person owning, harboring or controlling any dog within the City shall before the first day of October of each year apply for and procure a license and license tag for each such dog and shall pay to the City an amount fixed by resolution of the City Council. Exception: For dogs owned by senior citizens of the City aged sixty (60) or over, fifty (50) per cent of the rate established by this section when said owner's annual household income is less that seven thousand five hundred dollars ($7,500) per year. A dog owner seeking to qualify for this exemption shall file a statement under penalty of perjury certifying as to the facts of eligibility upon payment of each annual fee. Exception: Seeing eye dogs shall be licensed, but no fee shall be charged." SECTION 5. Section 4-18 is hereby amended to read as fol- lows: "(a) For the first, second and third redemptions of the dog, increasing fees in amounts set by resolution of the City Council shall be paid to the city. (b) In all cases, if the animal has been impounded at the con- tracting animal shelter facility, said fee shall be paid prior toi payment of the appropriate impound fees to the poundmaster. Any license required by such dog shall be purchased from the city prior to the redemption of an impounded dog if said license has not been previously obtained or is not in full force and effect. SECTION 6. Section 4-40 (c),(e) & (f) is hereby amended to read as follows: (c) "The registration fee shall be in an amount fixed by resolu- tion of the City Council per cat so registered. Registration 11 • 2 3 • 4 5 9 10 11 12 13 14 • 15 16 17 • 18 19 20 21 22 23 24 25 26 • 27 28 shall be valid for the life of the cat. The fee may be reduced to 50% if a certificate of spaying or neutering is presented upon application for registration hereunder. (e) There shall be a fee in the amount fixed by resolution of the City Council for the duplication of a lost cat tag. (f) There shall be a fee in an amount fixed by resolution of the City Council to have a change in ownership entered upon the records." SECTION 7. Section 7-1.3, Sec. 304 (b) is hereby amended to read as follows: "The fee for each permit shall be as set forth in the most recent resolution of the City Council adopted pur- suant to the requirements of Chapter 2, Article XIII of the City Code. The determination of value or valuation under any of the provisions of this code shall be made by the building official. 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." SECTION 8. Section 7-4.3 Sec. 304 (b)is hereby amended to read as follows: "The fee for each permit shall be as set forth in the most recent resolution of the City Council adopted pur- suant to the requirements of Chapter 2, Article XII of the City Code." SECTION 9. Section 11-2 first paragraph is hereby amended to read as follows: " Section 304 of said electric code is here- by amended to replace the term "Table No. 3-A." with the term "the most recent resolution of the City Council adopted pursuant 11 • 2 3 • 4 5 6 71 8 9 10 11 • .7 • 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 to the requirements of Chapter 2, Article XIII of the City Code." SECTION 10. Section 13-15 is hereby amended to read as fol- lows: "Eligible organizations desiring to obtain such permit to conduct bingo games in the City shall file an application in writing therefor and a fee in an amount fixed by resolution of the City Council in the office of the Business License Depart- ment. The issuing authority shall be the City Manager, or his authorized representative. The permit issued shall be for a term of six (6) months from the date of issuance. The issuance of a permit or permits shall not confer upon any applicant any rights whatsoever that any subsequent permit shall be issued. The City Council reserves the right to rescind this article for any reason at any time whereupon all permits shall immediately be termi- nated, canceled and of no further force or effect, whereupon the City shall forthwith return to the applicant the application fee and the applicant shall immediately cease all bingo activities." SECTION 11. Section 17-16.1 is hereby amended to read as follows: "A duplicate license may be issued, with the consent of the license collector, to replace any license previously issued hereunder which has been lost or destroyed upon the licensee filing statement of such fact, and at the time of filing such statement paying to the license collector a duplicate license fee in an amount fixed by resolution of the City Council." SECTION 12. Section 17-55.14 (a) is hereby amended to read as follows: "A service charge in an amount fixed by resolution of the City Council shall be paid to the City by each subscriber or permittee of an alarm system, for each response made by the Police or Fire Department to the location of a false alarm after the first three (3) responses are made during the same calendar is 0 • • is 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 year." SECTION 13. Section 19-61.1 (b)is hereby amended to read as follows: "Payment of fees as fixed by resolution of the City Council." SECTION 14. Section 19.5-21 is hereby amended to read as follows: "Prior to the issuance of the permit, a permit fee in an amount fixed by resolution of the City Council per day, or any portion thereof, shall be paid to the City. No fee shall be paid by any nonprofit organization." SECTION 15. Section 24-2.4 is hereby amended to read as follows: "The schedule of fees contained in section 20.7 of the Uniform Plumbing Code is hereby deleted and the schedule of fees most recently enacted by resolution of the City Council pursuant to the requirements of Chapter 2, Article XII of the City Code is hereby substituted therefor." SECTION 16. Section 29.5-12 (b) is hereby amended to read as follows: "A filing fee fixed by resolution of the City Coun- cil shall be submitted by the applicant to cover costs of filing and examination of tentative maps. This fee shall be nonrefundable." SECTION 17. 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 18. The City Council shall designate the City At- torney 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 1 • 2 • 3 4 5 6 7 8 9 10 111 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 19. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceed- ings of the City Council at which the same is passed and adopted. PASSED, APPROVED, and ADOPTED this 27th day of November 1990. /1-1\ nn 4 PRESIDENT of -the -City Council, and MAYOR of the City of Hermosa Beach, California (ATTEST: CITY CLERK APPROVED AS TO FORM: _0�� �' I, V� 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. 90-1050 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 November, 1990, and was published in the Easy Reader on December 6, 1990. The vote was as follows: • AYES: Essertier, Wiemans, Mayor Sheldon NOES: Creighton, Midstokke ABSENT: None ABSTAIN: None DATED: December 6, 1990 • • City Clerk PROOF OF PUBLICATION 0 ( 2015.5 C. C. P, ) STATE OF CALIFORNIA, County of Los Angeles, 1 am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a patty 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 WEEKLY and published .................................. HERMOSA BEACH in the City of .................................. 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 Cal ifornia, under the date of,., 921 19 ,?, -SWC--22940 Case Number ................; 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' !y 12/6 .................................................... all in the year 19...... I certify (or declare) under penalty of perjury that the foregoing is true and correct, • HERMOSA BEACH Datedat......... ............................... 6th DEC 90 California, this.... ....day of........., 19 ,1.../..4:5... q_ ........,................. ZO Signature • Free copies of this blank form may be secured from: CALIFORNIA NEWSPAPER SERVICE • BUREAU, INC. I Legal Advertising Clearing House j P.O. Box 31 Los Angeles, CA 90053 Telephone 625-2541 Please request GENERAL Proof of Publication This space is for the County Clerk's Filing Stamp Pr f of Publication of CITY OF HERMOSA BEACH SYNOPSIS OF ORDINANCE NO. 90-1050 - AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING ARTICLE XIII OF THE HERMOSA BEACH, CITY CODE RELATED TO FEES AND SERVICE CHARGE REVENUE/ COST COMPARISON SYSTEM unin eM�NnIN.-a.vwcwu'.�i OTHER SECTIONS OF THE CODE INCONSISTENT THEREWITH. WHEREAS, the City Council of the City of Hermosa Beach has found it necessary to make revisions to the user fees and cost allocation procedures pursuant to a study per- formed by David M. Griffith Associ- ates: NOW; THEREFORE, the City of Hermosa Beach, California, does hereby ordain the following amend- ments to the Hermosa Beach Mu- nicipal Code: SECTION 1. Amend Article XIII by deleting Sections 2-110,2-112,2- 113, -110,2-112,2- 113, and 2-114; by amending Sec- tion 2-109 and 2-115; by adding a new Section 2-111; and by renum- bering sections so that Article XIII provide as follows: "ARTICLE XIII. FEE AND SERVICE CHARGE REVENUE/COST COMPARISON SYSTEM. Sec. 2-109. Intent Pursuant to Article XIIIB of the California Constitution, it is the intent of the City Council to ascertain and recover costs reasonably borne from fees and charges levied therefor in providing the regulation, products or services. . Sec. 2-110: "Costs reasonably borne" defined. Defines "Costs reasonably borne" as used in this article. Sec. 2.111., Schedule of Fees and Service Charges. Provides the procedure by which the City Council shall set and adjust fees and service charges. Set. 2-112- Appeal to City Council. Provides an appeal process. by which a person can appeal any, fee or charge in excess of the percentage of costs reasonably borne to be re- covered, or is inappropriately set. SECTION 2. Amends Section 4- 4(a) with regard to the application, fee and permit required for the keep- ing of any non -household pet. SECTION 3. Amends Section 4- 4.1 with regard to the procedure of noticing the grant or denial ofr permit Band procedure for appeal of deci- sion. SECTION 4 Amends Section 4- 11 with regard to the annual renewal date of dog licenses. Also provides exemption for dogs owned by senior. citizens and Seeing Eye dogs. SECTION 5. Amends Section 4- 18 with regard to dog impound fees. SECTION 6. Amends Section 4- 40(c), (e) & (f) with regard to cat registration tees. SECTION 7. Amends Section 7= 1.3, Sec. 304(b) with regard to build- ing permit fees. SECTION 8. Amends Section 7- 4.3, Sec. 304(b) with regard to me- chanical permit fees. SECTION 9. Amends Section 11- 2 with regard to electrical fees. SECTION 10. Amends Section 13-15 with regard to bingo games. SECTION 11. Amends Section 17-16.1 with regard to duplicate li- censes. SECTION 12. Amends Section - 17-55.14(a) with regard to alarm systems permits. SECTION 13. Amends Section l 19-61.1(b) with regard to fees for permit parking. SECTION 14. Amends Section' 19.5-21 with regard to permit fees for vehicles with amplified sound. SECTION 15. Amends Section 24-2.4 with rr yard to plumbing fees. SECTION 16. Amends Section 29:5-12(b) with regard to application and filing fees for tentative maps. SECTION 17. Effective Date. SECTION 18. Provides for City Attorney to prepare summary of this ordinance. PASSED. APPRnVFn and ZOO T EO is 27in day of NoJem= bar, 1990. CHUCK SHELDON, 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, City Attorney VOTE: AYES: Essertier, Wiemans, Mayor Sheldon NOES: Creighton, Midstokke ABSTAIN -None ABSENT: None ER 12-6.90, HBL-484 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 90- 1051 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE TEXT, SECTION 13-7(C)(3) REGARDING EXTENSIONS OF WALLS WITH NONCONFORMING SIDE YARDS TO GIVE THE PLANNING COMMISSION MORE DISCRETION TO APPROVE REQUESTS FOR SUCH EXCEPTIONS AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION. WHEREAS, the City Council held a public hearing on November 13, 1990, and made the following Findings: A. Although the code allows for exceptions to extend walls with nonconforming side yards, it only allows it in cases where 75% of the lots on the same block have the same or lesser nonconforming side yards; B. This criteria is to restrictive and does not allow the Planning Commission the flexibility to allow logical minor additions to existing buildings based on the character of the existing structure and the surrounding neighborhood; C. Approval of this amendment is not in conflict with the General Plan and is necessary to carry out the general purpose of the zoning ordinance to serve the public health, safety, and welfare; NOW, THEREFORE, the City Council of the City of Hermosa Beach, California, does hereby ordain a amendment to the zoning ordinance text as follows, and adopts an environmental negative declaration: SECTION 1. Amend Section 13-7(c)(3) by adding the following) underlined text: Where existing walls are a minimum of, or more than three (3) feet from the side property line, the wall may be expanded if at least seventy-five (75) percent of the block as defined by the zoning ordinance, has the same or smaller nonconforming side yards (excluding commercial and manufacturing uses); or, the wall may be expanded if the Planning Commission determines that the expansion within the otherwise code required setback is minor and necessary for the logical extension of a - 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 wall and that the nonconforming side yard is generally consistent with the majority of existing side yards in the 'block' as defined by the zoning ordinance. Measurement of side yards shall be approximated by use of aerial photos and field inspections. Fees for such requests shall be set by the City Council. SECTION 2. This ordinance shall become effective and be in full force and effect from and after thirty (30) days of its final passage and adoption. SECTION 3. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of general circulation published and circulated in the City of Hermosa Beach, in the manner provided by law. SECTION 4. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of 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 November , 1990, by following vote: AYES: Creighton, Essertier, Midstokke, Wiemans, Mayor Sheldor NOES: None ABSTAIN: None ABSENT: None n. _ PRES-YDENT df th"e City- Counc of Hermosa Beach, California ATTEST: i� APPROVED"AS TOFORM: p/persside CITY CLERK CITY ATTORNEY - 2 - of the City 411 %r i J. V i i i i Y u a r r r i �.r Ci i i V l• 1. Location a. Address: City wide b. Legal: N/A �. Description T-677 amendment regarding extensions of walls with nonconforming side yards to give the Planning Commission more discretion to approNIP--rt-Ques, g for such exceptions Sponsor a. Name: City of Hermosa Beach b. Mailing Address: 1315 Valley Drive, Hermosa Beach, CA 90254 Phone: (213) 318-0242 NEGATIVE DECLARATION In accordance with Resolution 89-5229 of the City of Hermosa beach, which im- plements 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 be- comes final, no comprehensive Enviromnental Impact Report is required for this project.. FINDING OF ENVIRONMENTAL REVIEW COMMITTEE We have undertaken and completed an Environmental Impact Review of this pro- posed 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, -p-r-e v i-d•e,d-t h -e a t t a ch-e•d-m t�-q-a-t-i-e-R-m-e-a-s-=- u r e -s -a -r -e n -c--1 u -4&d i -n -t h -e -p r-o-j-e.c-t , it w o u l d n o t have a significant effect on the environment. Documentation/supporting this finding is on file in the Planning Department. 9-6-90 Date of Finding airman, Environmental Review Committee FINDING OF THE PLANNING COMMISSION We have undertaken and completed an Environmental Impact Review of this pro- ject in accordance with Resolution 89-5229 of the City Council of Hermosa Beach, and find that this project does not require a comprehensive Environ- mental nviron- mental Impact Report because, p r -o v i.d.e:d t:h,e-a t t a.c.h.e.d-m.i-t-i g.atd o_n-m.e.a.s.0-r e -s -a r e in.clu.d.ed-i.n-t.h.e-p.roj.e.ct, it would not have a significant effect on the en- vironment. Documentation suppor ing thisfinding is on file in the Plann- ing Department. ANINk 10-2-90 of Finding rmari,/ Pla,oing Commission FINDING OF THE 'CITY COUNCIL We have undertaken and completed an environmental Impact Review of this pro- posed project in accordance with Resolution 89-5229 of the City Council of •Hermosa Beach, and find this project does not require a comprehensive En- vironmental Impact Report because,-p-r-ov d-ed-th-e-a-tta-ch-ed--mitig.a-t=ion-..m:e.a.s-- u -r -e -s -a -r -e i n -c-1 u -d -e d i n t h -e -p r -o i -e -c -t , it would n o t have a significant effect on the environment. Documentation supportin� this f' ding is on file in the Planning Department. /_-)„ /^� _ /-) l/ -a7- 9a dCX/- Date of Findina Mayor, Hermosa Beach City Counci • • 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. 90-1051 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 November, 1990, and was published in the Easy Reader on December 6, 1990. The vote was as follows: • AYES: Creighton, Essertier, Midstokke, Wiemans, Mayor Sheldon NOES: None ABSENT: None ABSTAIN: None DATED: December 6, 1990 • • 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 patty to or interested in the above -entitled matter I am the principal clerk of the printer of the BEACH PEOPLE'S EASY READER a ...,.................... a newspaper .. p p of general circulation, printed WEEKLY and published .................................. HERMOSA BEACH in the City of j County of Los Angeles, and which i 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.., 921 19.72 SWC -22940 Case Number ................: 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. �• 12/6 all in the year 19.90:.....4.........,,......... I certify (or declare) under penalty of perjury that the foregoing is true and correct. HERMOSA BEACH Datedat .............................. 6th DEC90 California, this.... ...day of......... 19 Signature Free coo its of this blank form maybe secured from: CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House P.O. Box 31 Los Angeles. CA 90053 Telephone 62542541 Please request GENERAL Proof of PubIIC3 tion This space is for the County Clerk's Filing Stamp Prf�of- Publication of 6_,.q,6,A expansion within the otherwise code required setback is minor and neces- sary for the logical extension of a wall and that the nonconforming side yard is generally consistent with the majority of existing side yards in the j block`as defined by the zoning ordi- nance. Measurement of side yards shall be approximated by the use of aerial photos and field inspections. Fees for such requests shall be set by the City Council. SECTION 2. This Ordinance shall become effective and be in full force and effect from and after thirty (30) days otAs final passage and adupiioil: 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 pup - fished and circulated in the City of Hermosa Beach, in the manner pro- vided 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 ordi- nances of said city, and shall make minutes of the passage and adoption thereof in the records of proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED AND ADOPTED this 27th day of Novem- ber, 1990, by the following vote: VOTE: AYES Creighton, Essertier, Midstokke, Wiemans, Mayor Sheldon NOES: None ABSTAIN: None ABSENT: None CHUCK SHELDON 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, City Attorney ER 1216190 HBL-465 Paste Clippir of Notice ' SECURELI In This Spac it CITY OF HERMOSA BEACH ORDINANCE NO. 90-1051 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE TEXT, SECTION 13- 7(C)(3) REGARDING EXTENSIONS OR WALLS WITH NONCONFORMING SIDE YARDS TO GIVE THE PLANNING COMMISSION MORE DISCRETION TO APPROVE REQUESTS FOWSUCH EXCEPTIONS AND ADOPTION .OF AN ENVIRONMENTAL NEGATIVE DECLARATION. WHEREAS, the City Council held a public hearing on November 13, 1990, and made the following Findings: , A: Although the. code allows for exceptions to extend walls with non- conforming side yards, it only allows it in cases where 75% of the lots on the same block have the,same or lesser nonconforming side yards; B. This criteria is too restrictive ., and does not allow the Planning I iCommission the flexibility to allow logical minor additions to existing buildings based on the character of the existing structure and. the sur- rounding neighborhood; C. Approval ofthis'amendment is not in conflict with the General Plan and is necessary to carry out the general purpose of the zoning ordi- nance to serve the public health, safety, and welfare; NOW, THEREFORE, the City Council of the City of Hermosa - Beach, California, does hereby -or- dain an amendment to,the zoning ordinance text , as follows, and adopts an environmental negative declaration: SECTION 1. Amend Section 13- 7(C)(3) by adding -the following itali- cized text: Where existing walls are a mini- mum of, or more than three (3) feet from the side property line, the wall may be expanded if at least seventy- five (75) percent of the block as de- fined by the zoning ordinance, has the same or smaller nonconforming side yards (excluding commercial and manufacturing uses); or, the wall may be expanded it the Planning rnmmiv;ion determines that the 1 • 2 3 4 5 6 7 8 9 10 11 12 13 14 • 15 16 17 • 18 19 20 21 22 23 24 25 26 • 27 28 ORDINANCE NO. 90-1052 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA AMENDING CHAPTER 19 OF THE HERMOSA BEACH MUNICIPAL CODE BY ADDING THERETO A PROVISION REGULATING THE PARKING OF TRAILERS, SEMITRAILERS, CAMPER TRAILERS, AND RECREATIONAL TRAILERS. THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 19, Article IV, Section 19-75 of the Municipal Code of the City of Hermosa Beach is hereby amended by adding thereto a new subsection (19-75.2) to read as follows: SECTION 19-75.2. PARKING OF TRAILERS, SEMITRAILERS, CAMPER TRAILERS, AND RECREATIONAL TRAILERS. (a) No person shall park any trailer, semitrailer, camper trailer, or recreational trailer upon any highway, street, alley, or public way or upon any public place otherwise ordinarily used for vehicular parking unless the trailer , semitrailer, camper trailer, or recreational trailer is at all times, while so parked, attached to a vehicle capable of moving the trailer, semitrailer, camper trailer, or recreational trailer in a normal manner upon the highway, street, alley, or public way. (b) The provisions of this section shall not apply to any trailer, semitrailer, camper trailer, or recreational trailer Iwhich is: (1) In the process of being loaded or unloaded, but in no instance for a period that exceeds two (2) hours; (2) Disabled in such a manner and to such an extent that it is impossible to avoid stopping and temporarily leaving, for a 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 period not to exceed 24 hours, the disabled trailer, semitrailer, camper trailer, or recreational trailer on that portion of the highway, street, alley, or public way or upon any public place otherwise ordinarily used for vehicular parking; (3) Leased or owned by any permitee granted a permit for jconstruction or repair work under any of the provisions of this Code or by a public utility engaged in work for which no such permit is required, or a vehicle leased or owned by any contractor hired by such permitee or public utility, provided the trailer, semitrailer, camper trailer, or recreational trailer is used in connection with such construction or repair work and is parked upon the construction or repair site, or within 150 feet thereof las measured from the limits of the work area as specified in the permit, and only during the period of the actual Iconstruction; or (4) Leased or owned by a City department or a contractor or vendor hired by a City department for construction or repair work, or by a subcontractor thereof, provided such trailer, semitrailer, camper trailer, or recreational trailer is used in connection with such construction or repair work and is parked upon the construction or repair site, or within 150 feet thereof as measured from the limits of the work area, and only during the period of the actual construction of repair. (c) A violation of this section shall be an infraction punishable in accordance with the provisions of Section 1-7 of the Hermosa Beach Municipal Code. 2 1 • 2 3 • 4 5 6 7 8 9 10 11 12 13 14' • 15' 16 17 18 19 20 21 22 23 24 • 25 26 • 27 28 SECTION 2. That this ordinance goes into effect thirty days after the date of its adoption. SECTION 3. That 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 time the same is passed and adopted. PASSED, APPROVED AND ADOPTED THISllth, day of December 1990. i0A J__ PRESID of e City Council and MAYOR of the City of Hermosa Beach, California (ATTEST: City Clerk APPROVED AS TO FORM: -W c� . - vazw City Attorney The vote was as follows: 3 AYES: Creighton, Essertier, Wiemans, Mayor Sheldon NOES: None ABSENT: Midstokke ABSTAIN;. None • • 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. 90-1052 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 December, 1990, and was published in the Easy Reader on December 20, 1990. The vote was as follows: • AYES: Creighton, Essertier, Wiemans, Mayor Sheldon NOES: None ABSENT: Midstokke ABSTAIN: None DATED: December 201 1990 • • City erk • • 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 WEEKLY and published ,..., ..., ........,,..., ,.., ....... HERMOSA BEACH in the City of ........................ 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... 9 21 19 ,.?, SWC' 22940 . that the notice, CaseNumber ................. 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• 12/20 all in the year 19.90 y I certify (or declare) under penalty of perjury that the foregoing is true and correct HERMOSA BEACH Dated at California, this., 20th day of „DEC , 19 90 Signature l� Freya conies of this blank form may be secured from: CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House P -O. Box 31 Los Angeles. CA 90053 Telephone 625.254' Please reVuest GENERAL Proof of Publication when ordering this form. This space is for the County Clerk's Filing Stamp Proof of Publication of CITY OF HERMOSA BEACH Paste Clipping of Notice SECURELY In This Space •I?IJ: CITY OF HERMOSA BEACH ORDINANCE No. 90-1052 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 19 OF THE HERMOSA BEACH MUNICIPAL CODE BY ADDING THERETO A PROVISION REGULATING THE PARKING OF TRAILERS, SEMITRAILERS, CAMPER TRAILERS, AND RECREATIONAL TRAILERS. THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 19, Article IV, Section 19-75 of the Municipal Code of the City of Hermosa Beach is hereby amended by adding thereto a new subsection (19-75.2) to read as follows: Section 19-75.2. Parking of Trailers, Semitrailers, Camper Trailers, and Recreational Trail- ers. (a) No person shall park any trailer, semitrailer, camper trailer, or recreational trailer upon any high- way, street, alley, or public way or upon any public place otherwise ordinarily used for vehicular parking unless the trailer, semitrailer, camper trailer, or recreational trailer is at all times, while so parked, at- tached to a vehicle capable of mov- ing the trailer, semitrailer, camper trailer, or recreational trailer in a nor- mal manner upon the highway, street, alley, or public way. (b) The provisions of this section shall not apply to any trailer, semi- trailer, camper trailer, or recreational trailer which is: (1) In the process of being loaded or unloaded, but in no in- stance for a period that exceeds two (2) hours: (2) Disabled in such a manner and to such an extent that it is impos- sible to avoid stopping and tempo- rarily leaving, for a period not to exceed 24 hours, the disabled trailer, semitrailer, camper trailer, or recrea- tional trailer on that portion of the highway, street, alley, or public way or upon any public place otherwise ordinarily used for vehicular parking; (3) Leased or owned by any permitee granted a permit for con- struction or repair work under any of the provisions of this Code or by a public utility engaged in work for which no such permit is required, or a vehicle leased or owned by any contractor hired by such permitee or public utility, provided the trailer, semitrailer, camper trailer, or recrea- tional trailer is used in connection with such construction or repair work and is parked upon the construction or repair site, or within 150 feet thereof as measured from the limits of the work area as specified in the permit, and only during the period of the actual construction; or (4) Leased or owned by a City department or a contractor or vendor hired by a City department for con- struction or repair work, or by a sub- contractor thereof, provided such trailer, semitrailer, camper trailer, or recreational trailer is used in connec- tion with such construction or repair work and is parked upon the con- struction or repair site, or within 150 feet thereof as measured from the limits of the work area, and only dur- ing the period of the actual construc- tion of repair. (c) A violation of this section shall be an infraction punishable in accor- dance with the provisions of Section 1-7 of the Hermosa Beach Municipal Code. SECTION 2. That this ordinance goes into effect thirty days after the date of its adoption. SECTION 3. That prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of general circu- lation published and circulated in the City of Hermosa Beach, in the 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 ordi- nances of said city, and shall make minutes of the passage and adoption thereof in the records of proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED AND ADOPTED this 11th day of Decem- ber, 1990, by the following vote: VOTE:AYES Creighton, Essertier Wiemans, Mayor Sheldon NOES: None ABSENT: Midstokke CHUCK SHELDON 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, City Attorney ER 12/20/90 HBL-486 • • • • 11 ORDINANCE NO. 91-1053 21 3 4 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 ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 27A "SANITATION, GARBAGE AND REFUSE' AS IT RELATES TO SALVAGING. THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That Section 27A-5, "Collection by the City or its franchisee" be amended as follows: A. Section 27A -5(d) is amended to read as follows" (d) The City, or its franchisee shall have the sole authority to collect recyclable materials from all residential occupancies. SECTION 2. That Section 27A -6(g) is hereby amended to read as follows: (g) It shall be unlawful for any person to scavenge materials from residential occupancies or from commercial occupancies with an established recycling program. Salvaging of recyclable materials from public refuse receptacles which are not part of an established recycling program is permissible. SECTION 3. That Section 27A -6(h) is hereby amended to read as follows: (h) It shall be unlawful for any person other than an officer of the City, or the owner, or the employee of an authorized franchised private collector, to - 1 - 1 interfere in any manner with any residential or • 2 commercial containers, including recycling containers 3 or to remove any residential or commercial containers • 4 including recycling containers from the location where 5 the same was placed by the owner thereof. 6 SECTION 4. This ordinance shall become effective and be in full 7 force and effect from and after thirty (30) days of 8 its final passage and adoption. 9 10 SECTION 5. Prior to the expiration of fifteen (15) days after 11 the date of its adoption, the city Clerk shall cause this ordinance to be published in the Easy Reader, 12 13 as weekly newspaper of general circulation published 14 and circulated in the City of Hermosa Beach, in the • manner provided by law. 15 16 SECTION 6. The City Clerk shall certify to the passage and � 17 adoption of this ordinance, shall enter the same in 18 the book of original ordinances of said City, and 19 shall make minutes of the passage and adoption 20 thereof in the records of the proceedings of City 21 Council at which the same is passed and adopted. 22 23 24 • 25 26 • 27 28 - 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, APPROVED and ADOPTED this 26th day of March, 1991. PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: CITY CLERK APPROVED AS TO FORM: ff/w . f V ULe CITY ATTORNEY carole/salvord - 3 - • STATE OF CALIFORNIA ) • COUNTY OF LOS ANGELES ) CITY OF HERMOSA BEACH ) I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do hereby certify that the foregoing Ordinance No. 90-1053 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 March, 1991, and was published in the Easy Reader on April 04, 1991. The vote was as follows: AYES: Creighton, Essertier, Wiemans, Mayor Pro Tempore • Midstokke NOES: None ABSENT: Mayor Sheldon ABSTAIN: None DATED: April 05, 1991 • • City elerk PROOF OF PUBLICATION •(2 015.5 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 newspaper of general circulation by the Superior Court of the County of Los Angeles, State of • Is California, under the date of„ 921, 19 Case Number S1�C. 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: ...............(/................................ all in the year 19.91. I certify (or declare) under penalty of perjury that the foregoing is true and correct Dated at .. HRMOSA . ArAGH................. California, this.l6thay of APRIL 19.9l `. .... .. .. . .a . . . .......... Signature Free conies of this blank form may be secured from: CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House P.O. Box 31 Los Angeles, CA 90053 Telephone 625-2541 Please request GENERAL Proof OfPublicatlon I This space is for the County Clerk's Filing Stamp Pri f of Publicati`onn of CITY OF HERMOSA BEACH ORDINANCE NO. 91-1053 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 27A "SANITATION, GARBAGE AND REFUSE" AS IT RELATES TO SALVAGING. THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFOR- NIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That Section 27A-5, "Collection by the City or its franchi- see" be amended as follows: A. Section 27A -5(d) is amended to read as follows: (d) The City, or its franchisee shall have the sole authority to collect re- cyclable materials from all residential occupancies. SECTION 2. That Section 27A - 6(g) is hereby amended to read as -follows: (g) It shall be unlawful for any person to scavenge materials from residential occupancies or from com- mercial occupancies with an estab- lished recycling program. Salvaging of recyclable materials from public refuse receptacles which are not part of an established recycling program is permissible. SECTION 3. That Section 27A - 6(h) is hereby amended to read as follows: (h) It shall be unlawful for any person other than an officer of the City, or the owner, or the employee of an authorized franchised private col- lector, to interfere in any manner with any residential or commercial con- tainers, including recycling contain- ers or to remove any residential or commercial containers including re- cycling. containers from the location where the same was placed by the owner thereof. 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, as weekly news- paper of general circulation published and circulated in the City of Hermosa Beach, in the manner prescribed 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 City Council at which the same is passed and adopted.. PASSED,APPROVED and ADOPTED this 26th day of March, 1991: KATHLEEN NIIDSTOKKE, Mayor Pro Tem of the City of Hermosa Beach, California ATTEST; - Elaine Doerfling City Clerk APPROVED AS TO FORM Charles S. Vose City Attorney VOTE: AYES: Creighton, Essertier, Wiemans, Mayor Pro Tem Midstokke NOES: None ABSENT: Mayor Sheldon. ABSTAIN: None ER 4-4-91 NBL-499 X99 • ORDINANCE NO. 91-1054 was not adopted, it pertained to source reduction of air pollutants. • • 1 • 2 3 • C7 4 5 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 ORDINANCE NO. 91 - 1055 AN ORDINANCE OF THE CITY OF HERMOSA BEACH AMENDING CHAPTER 11 OF THE CITY CODE RELATING TO ELECTRIC REGULATIONS AND ADOPTING WITH CERTAIN ADDITIONS, DELETIONS AND AMENDMENTS, WHICH ARE SET FORTH HEREIN, THE RULES, REGULATIONS, PROVISIONS AND CONDITIONS SET FORTH IN THAT CODE ENTITLED "NATIONAL ELECTRIC CODE, 1990 EDI- TION" PROMULGATED AND PUBLISHED BY THE NATIONAL FIRE PROTECTION ASSOCIATION. WHEREAS, the 1990 edition of the National Electric Code has been adopted by the State of California Building Standards Com- mission, with amendments, to represent the construction regula- tions for all structures within California; and WHEREAS, local amendments may be made to those codes to ad- dress local needs. NOW! THEREFORE, the City Council of the City of Hermosa Beach does hereby ordain as follows: SECTION 1. That Section 11-1 is hereby amended to read ash follows: "Section 11-1. Adoption of National Electric codell. "That certain code entitled "National Electrical Code, 1990 Edi- tion" including the Uniform Administrative Code Provisions, promulgated and published by the National Fire Protection As- sociation, 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. Whenever the term "jurisdiction" appears in said code it shall - 1 - 1 mean and refer to the City of Hermosa Beach, Whenever the term • 2 "building official" appears in said code it shall mean and refer 3 to the Director of Building and Safety of the City of Hermosa • 4 Beach." 5 SECTION 2. That Section 11-2 is amended to read as follows: 6 "Section 11-2. Fees." 7 "Section 304 of said electric code is hereby amended to replace 8 the term "Table No. 3-A." with the term "the most recent resolu- 9 tion adopted by the City Council". 10 For purposes of determining fees only, the following definitions 11 shall apply: 12 (1) New General use branch circuits. 13 a. The fees prescribed apply to new branch circuit wiring' 14 and the lighting fixtures, switches, receptacles, ap- • to 15 pliances or other utilization equipment permitted 16 be supplied by these branch circuits. 17 b. For the purposes of this subsection, each ungrounded 18 conductor of a multiwire branch circuit supplying one 19 appliance may be counted as one circuit. 20 C. For the purposes of this subsection, three-phase 21 lighting branch circuits are counted as two (2) branch 22 circuits. 23 (2) Adding outlets (to existing branch circuits) or tem - 24 porary lights and yard lighting. • 25 a. Each outlet added to an existing branch circuit shall 26 be counted as one unit and each lighting fixture con - 27 nected thereto shall be counted as an additional unit • 28 except as modified in the following provisions of this - 2 - 1 subsection. • 2 b. An outlet shall mean a point or place on a fixed - 3 wiring installation from which electric current is • 4 controlled, or is supplied to a lamp, lighting fix - 5 ture, fan clock, heater, range, motor, or other elec- 6 trical appliance or equipment. 7 c. An outlet box for two (2) or more switches or recepta- 8 cles shall be considered as one unit. 9 (3) Motors, transformers, heating appliances and miscel- 10 laneous equipment or appliances. 11 a. The fees prescribed cover the inspection of the supply 12 branch circuit and the utilization equipment supplied 13 therefrom and the control equipment therefor. 14 b. Except where supplied by branch circuits rated over • 15 fifty (50) amperes, the fees required apply only to 16 nondwelling occupancies. The fee for each motor, 17 transformer, heating appliance, welder, rectifier, x- 18 ray machine, storage battery system, infrared in - 19 dustrial heating appliance, cooking or baking equip - 20 ment, studio effects lighting, and other miscellaneous 21 equipment or appliances shall be given in the rating 22 table of the resolution order. 23 c. Where fixed equipment is supplied by flexible cords to 24 facilitate servicing or replacement, those fees shall • 25 also apply to for each receptacle outlet installed for 26 the supply of portable equipment rated larger than 27 three (3) H.P., K.W., or K.V.A. • 28 d. For any equipment or appliance containing more than - 3 - 1 one motor, or other current consuming utilization com- • 2 ponents in addition to the motor or motors, the com- 3 bined electrical ratings converted to K.V.A. of all • 4 shall be used to determine the fee. For the purpose 5 of this subsection, one H.P. or one K.W. is equivalent 6 to one K.V.A. The total ampere ratings of all recep- 7 tacles installed on a factory fabricated wireway as - 8 sembly for studio effects lighting may be used in com- 9 puting the fees therefor. 10 e. The fees for a change of location or replacement of 11 equipment on the same premises shall be the same as 12 that for a new installation. However, no fees shalli 13 be required for moving any temporary construction mo - 14 for from one place to another on the same site during • 15 the time of actual construction work after a permit 16 has once been obtained for such motor and the fees 17 required therefor have been paid. 18 (4) Required fire warning, communications and emergency 19 control systems. For the purposes of this subsection, 20 devices shall include all signaling equipment, sta- 21 tions, power equipment such as damper actuators or 22 door holding device, and communication jacks or 23 outlets. 24 (5) Service and switchboard sections. • installation, 25 a. Fees shall be required for the reinstal- 26 lation, replacement or alteration of each service and 27 each switch board section. • 28 b. For the purpose of this subsection, a switch board - 4 - 1 section means any portion of complete switchboard, • 2 distribution board, or motor control center which is 3 prevented by the structural framework from being sepa- • 4 rated into smaller units. 5 c. The fees for services shall be determined from the 6 ampacity of the set of service entrance conductors or 7 the total ampere rating of the service equipment. 8 d. No fee need be paid for switchboard section which in - 9 corporates service equipment for which service fees 10 were paid". 11 SECTION 3. That Section 11-3 is hereby deleted in its entirety. 12 SECTION 4. That Section 11-4 is renumbered to Section 11-3. 13 SECTION 5. Effective Date. That this ordinance shall become 14 effective and be in full force and effect thirty days after. • adoption. 15 16 SECTION 6. Publication. That the City Council does hereby 17 designate the City Attorney to prepare a summary of this or - dinance to be published pursuant to Government Code Section 36933 18 19 (c) (1) in lieu of the full text of said ordinance. That prior 20 to the expiration of fifteen (15) days after the date of its the City Clerk the to be 21 adoption, shall cause summary published) 22 in the Easy Reader, a weekly newspaper of general circulation, 23 published and circulated in the City of Hermosa Beach. 24 SECTION 7. That the City Clerk shall certify to the passage and • 25 adoption of this ordinance; shall enter the same in the book of 26 original ordinances of said city; shall make minutes of the pas - 27 sage and adoption thereof in the records of the proceedings of • 28 - 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 the City Council at which the same is passed and adopted. PASSED, APPROVED and ADOPTED on the 25th day of June 1991. PRESIDENT OF THE CITY COUNCIL AND MAYOR OF THE CITY OF HERMOSA BEACH, CALIFORNIA ATTEST: CITY CLERK l� APPROVED AS TO FO CITY ATTORNEY c/ord90nec • 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. 90-1055 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 June, 1991, and was published in the Easy Reader on July 03, 1991. The vote was as follows: AYES: Creighton, Essertier, Wiemans, Mayor Midstokke NOES: None ABSENT: Sheldon ABSTAIN: None DATED: June 03, 1991 • • l City Clerk 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. 91- 1056 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CONFIRMING THE REPORT OF THE DIRECTOR OF PUBLIC WORKS DATED JUNE 24, 1991, PREPARED PURSUANT TO RESOLUTION NO. 91-5440 AND APPROVED PURSUANT TO RESOLUTION NO. 91-5456 OF SAID COUNCIL, THE MAP AND ASSESSMENT CONTAINED IN SAID REPORT; ORDERING CERTAIN CROSSING GUARD MAINTENANCE SERVICES TO BE FURNISHED AND MAINTAINED FOR THE FISCAL YEAR BEGINNING JULY 1, 1991. HERMOSA BEACH CROSSING GUARD MAINTENANCE DISTRICT NO 1991-1992 WHEREAS, the City Council of the City of Hermosa Beach, California, did in Resolution No. 91-5440 of said Council, pursuant to the provisions of the "Crossing Guard Maintenance District Act of 1974" (Chapter 3.5, Articles 1, 2, 3 and 4, Sections 55530 Through 55570, of the Government Code of the State of California), require the Director of Public Works of said City to make and file with the Clerk of the City Council a report in writing, presenting certain matters relating to the proposed Crossing Guard Maintenance District No. 1991-1992, as contemplated under the provisions of said Act; and WHEREAS, the Director of Public works, pursuant to the requirements of said City council as expressed in Resolution No. 91-5440 and did on the 24th day of June, 1991, file in the office of the City Clerk (who is ex -officio Clerk of the City Council) of said City, his report in writing responsive to the requirements of said Resolution No. 91-5440 and as contemplated under the provisions of said Act; and WHEREAS, the said City Council did in Resolution No. 91-5456 approve said report on the 25th day of June, 1991, in conformity with the provisions of said Act; and WHEREAS, said City council did thereafter and on said 25th - 1 - 1 day of June, 1991, pass its Resolution of Intention No. 91-5457 • 2 declaring its intention to order certain Crossing Guard 3 Maintenance Services for the fiscal year beginning July 1, 1991; • 4 and 5 WHEREAS, said City Council did on said 25th day of June, 6 1991, in its Resolution No. 91-5457 fix and designate Tuesday, 7 the 23rd day of July, 1991, at the hour of 8:00 pm of said day as 8 the time for hearing protests in reference to the proposed 9 maintenance and assessment, at the Council Chamber, in the City 10 Hall, Civic Center, in the City of Hermosa Beach, California; and 11 WHEREAS, at the time and place above stated for hearing 12 protests in reference to the proposed maintenance and assessment, 13 certain written and oral protests and objections were filed and 14 presented, which said protests and objections were fully and • 15 regularly heard and considered by said Council; and 16 WHEREAS, said City Council being fully advised does hereby 17 proceed as follows: 18 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, 19 CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, FIND, DETERMINE AND 20 ORDER AS FOLLOWS: 21 22 SECTION 1. That said Council does hereby deny all protests 23 and objections and does hereby approve, confirm and adopt the 24 said report of said Director of Public Works dated the 24th day • 25 of June 1991, and does hereby approve and confirm the assessment 26 proposed for said proposed maintenance services as set forth and • 27 referred to in said report, which said report is now on file in 28 the office of the City Clerk of said City, open to inspection, - 2 - 1 hereby referred to and made a part thereof; and said City Council • 2 does hereby also confirm and adopt the respective instruments 3 therein contained and designated therein as MAP OF CROSSING GUARD • 4 MAINTENANCE DISTRICT NO. 1991-1992, and Estimate Assessment, all 5 of which, on file as aforesaid, are hereby incorporated herein 6 and made a part hereof. 7 SECTION 2. That said Council does hereby order the said 8 contemplated maintenance services to be furnished in accordance 9 with the said map and assessment therefore, so adopted and 10 approved, and does hereby order and determine that the fiscal 11 year referred to in said Resolution of Intention No. 91-5457 is 12 hereby fixed and established as the period commencing on the 1st 13 day of July, 1991, and ending on the 30th day of June, 1992, both 14 dates inclusive, as therein set forth; and said Council does • 15 hereby levy the said proposed assessment made to cover the costs 16 and expenses of said maintenance services upon the land within 17 the assessment district described in said Resolution of Intention 18 No. 91-5457 and as fixed and determined by said report, dated 19 June 24, 1991, and the proposed assessment, filed therewith, as 20 aforesaid, in the office of the City Clerk of said City, for the 21 fiscal year beginning July 1, 1991, and ending June 30, 1992, 22 both dates inclusive. 23 SECTION 3. That the City Council hereby orders and directs 24 the City Treasurer to establish a special fund entitled, "Hermosa • 25 Beach Crossing Guard Maintenance District No. 1991-1992 Fund"; 26 and who shall place into said Fund all payments of assessments • 27 received from the County Tax Collector and payment shall be made 28 out from said special Fund only for the purposes provided for in - 3 - 1 • 2 3 • 4 5 6 7 8 9 10 11 12 13 14 • 15 16 17 18 19 on 21 22 23 24 • 25 26 • 27 28 said Chapter 3.5, Articles 1, 2, 3 and 4, Sections 55530 through 55570, of the Government Code of the State of California. SECTION 4. That the City Clerk of said City is hereby ordered to transmit, or cause to be transmitted, to the County Auditor of Los Angeles County, State of California, as contemplated under the provisions of the "Crossing Guard Maintenance District Act of 197411, the Map and Assessment upon which such levy is based, and the County Tax Collector of said County (who is also the City Tax Collector for said City) is ordered and directed to make collection of all assessments shown required by law of and to be performed by the office, employee, or person so designated. SECTION S. That prior to the expiration of fifteen days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the EASY READER, a weekly newspaper of general circulation published and circulated in the City of Hermosa Beach. SECTION 6. That this ordinance shall take effect thirty (30) days after adoption. PASSED, APPROVED AND ADOPTED this 13th day of August, 1991 PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: eZa ,c_ a-) LcI City Clerk City Attorney pworks/cgord - 4 - • • STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF HERMOSA BEACH ) I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do hereby certify that the foregoing Ordinance No. 91-1056 was duly and regularly passed, approved and adopted by the City Council of the City of Hermosa Beach at a regular meeting held at the regular meeting place thereof on the 13th day of August, 1991, and was published in the Easy Reader on August 22, 1991. The vote was as follows: • AYES: Creighton, Essertier, Sheldon, Wiemans, Mayor Midstokke NOES: None ABSENT: None ABSTAIN: None DATED: August 22, 1991 • • 0 -e -A -R-) x - City Clerk • • • • PROOF OF PUBLICATION (2 015.5 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 .. ....................I.......... .... ... a newspaper of general circulation, printed and published ... WFF,K14Y...................... iCityof Los, ...Angeles . ............... Count o County 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„•9/,„?:1, 19 .7, 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' 8 � 2 �...,...., ........... ......... all in the year 10.1.. 1 certify (or declare) under penalty of perjury that the foregoing is true and correct Dated .................. California, this.Auilu.. ay of• 22n,d, 19 .9 1 Signature This space is for the County Clerk's Filing Stamp Proof of Publication of CITY �► ,I • A Ue �- X.e� 11- CITY OF HERMOSA BEACH ORDINANCE NO. 91.1056 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CONFIRMING THE REPORT OF THE DIRECTOR OF PUBLIC WORKS DATED JUNE 24, 1991, PREPARED PURSUANT TO RESOLUTION NO. 91.5440 AND APPROVED PURSUANT TO RESOLUTION NO. 91.5456 OF SAID COUNCIL, THE MAP AND ASSESSMENT CONTAINED IN SAID REPORT; ORDERING CERTAIN CROSSING GUARD MAINTENANCE SERVICES TO BE FURNISHED AND MAINTAINED FOR THE FISCAL YEAR BEGINNING JULY 1, 1991. HERMOSA BEACH CROSSING GUARD MAINTENANCE' DISTRICT NO 1991.1992 WHEREAS, the City Council of the City of Hermosa Beach, California, did in Reso- lution No. 91-5440 of said Council, pur- suant to the provisions of the "Crossing Guard Maintenance District Act of 1974" (Chapter 3.5, Articles 1, 2, 3, and 4, Sec- tions 55530 through 55570, of the Gov- ernment Code of the Slate of California), require the Director of Public Works of said City to make and file with the Clerk of the City Council a report in writing, pre- senting certain matters relating to the proposed Crossing Guard Maintenance District No. 1991-1992, as contemplated under the provisions of said Act; and WHEREAS, the Director of Public Works, pursuant to the requirements of said City Council as expressed in Resolu- tion No. 91-5440 and did on the 24th day of June, 1991, file in the office of the City Clerk (who is ex -officio Clerk of the City Council) of said City, his report in writing responsive'to the requirements of said Resolution No. 91-5440 and as contem- A TIN, il SEP 031991 P City Clerk City of Hermosa Eleaeli /\ t (A) OF HERMOSA BEACH ,, Free copies of this blank form may be %*cured from: CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House P.O. Box 31 Los Angeles, CA 90053 Telephone 625-2541 Please request GENERAL Proof Of Publication when ordering this form. plated under the provisions of said Act; and WHEREAS, the said City Council did in Resolution No. 91-5456 approve said re- port on the 25th day of June, 1991, in conformity with the provisions of said Act; and WHEREAS, said City Council did there- after and on said 25th day of June, 1991, pass its Resolution of Intention No. 91- 5457 declaring its intention to order cer- tain Crossing Guard Maintenance Ser- vices for the fiscal year beginning July 1, 1991; and WHEREAS, said City Council did on said 25th day of June, 1991, in its Reso- lution No. 91-5457 fix and designate Tues- day, the 23rd day of July, 1991, at the hour of 8:00 p.m. of said day as the time for hearing protests in reference to the proposed maintenance and assessment, at the Council Chambers, in the City Hall, Civic Center, in the City of Hermosa Beach, California; and WHEREAS, at the time and place above stated for hearing protests in reference to the proposed maintenance and assess- ment, certain written and oral protests and objections were filed and presented, which said protests and objections were fully and regularly heard and considered by said Council; and WHEREAS, said City Council being fully advised does hereby proceed as follows: NOW, THEREFORE, THE CITY COUN- CIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE. FIND, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That said Council does hereby deny all protests and objections and does hereby approve, confirm and adopt the said report of said Director of Public Works dated the 24th day of June, 1991, and does hereby approve and con- firm the assessment proposed for said proposed maintenance services as set forth and referred to in said report, which said report is now on file in the office of the City Clerk of said City, open to inspec- tion, hereby referred to and made a part thereof; and said City Council does hereby also confirm and adopt the respective instruments therein contained and'desig naled therein as MAP OF CROSSING' GUARD MAINTENANCE DISTRICT -NO. 1991-1992, and Estimate Assessment, all of which, on file as aforesaid, are hereby incorporated herein and made a part hereof. SECTION 2. That said Council does hereby order the said contemplated main- tenance services to be furnished in accor- dance with the said map and assessment therefore, so adopted and approved, and does hereby order and determine that the fiscal year referred to in said Resolution of Intention No. 91.5457 is hereby fixed and established as the period commencing of the 1st day of July, 1991, and ending of ,the 30th day of June, 1992, both dales inclusive, as therein set forth; and said Council does hereby levy the said pro- posed assessment made to cover the costs and expenses of said maintenance ser- vices upon the land within the assess- ment district described in said Resolution of Intention No. 91-5457 and as fixed and determined by said report, dated, June 24, 1991, and the proposed assessment, filed therewith, as aforesaid, in the office of the City Clerk of said City, for the fiscal year beginning July 1, 1991 and ending June 30, 1992, both dates inclusive. SECTION 3. That the City Council hereby orders and directs the City Treasurer to establish a special fund entitled, "Her- mosa Beach Crossing G uard Maintenance District No1991-1992 Fund;' and who i shall place into said Fund all payments of assessments received from the County Tax Collector and payment shall be made out from said special Fund only for the purposes provided for in said Chapter 3.5, Articles 1, 2, 3 and 4, Sections 55530 through 55570, of the Government Code of the State of California. SECTION 4. That the City Clerk of said City is hereby ordered to transmit, or cause to be transmitted, to the County Auditor of Los Angeles County, State of California, as contemplated under the pro- visions of the "Crossing Guard Mainte- nance District Act of 1974," the Map and Assessment upon which such levy is based, and the County Tax Collector of said County (who is also the City Tax Collector for said City) is ordered and directed to make collection of all assess- ments shown required by law of and to be performed by the office, employee, or person so designated. SECTION 5. That prior to the expiration of fifteen days atter the date of its adop- tion, the City Clerk shall cause this ordi- nance to be published in the Easy Reader, a weekly newspaper of general circulation published and circulated in the City of Hermosa Beach, SECTION 6. That this Ordinance shall take effect thirty (30) days after adoption. PASSED, APPROVED AND ADOPTED this 13th day of August, 1991' KATHLEEN MIDSTOKKE PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: Elaine Doodling, City Clerk APPROVED AS TO FORM: Charles S. Vose, City Attorney VOTE:AYES c Creighton, Esserlier, Sheldon, Wiemans, Mayor Midstokke NOES: None ABSENT: None ABSTAIN: None ER8/22/91 HBL-511 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. 91-1057 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 30, "TAXATION", ARTICLE III, SECTION 30.13. TAX IMPOSED, REGULATING TRANSIENT OCCUPANCY TAXATION. THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That Chapter 30, Article III, Section 30-13. Tax Imposed, of the Hermosa Beach Municipal Code be and is hereby amended to read as follows: "For occupancy of any hotel or hospital as de- fined, each transient is subject to and shall pay a tax in the amount of ten percent (100) of the rent of bill charged by the operator. Said tax constitutes a debt owed by the transient to the City which is extinguished only by payment to the operator of the hotel or hospital at the time the rent or bill is paid. If the rent or bill is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel or hospital. If for any reason the tax due is not paid to the operator of the hotel or hospital, the tax administrator may require that such tax shall be paid directly to the tax administrator." SECTION 2. This ordinance shall take effect thirty) days after the date of its adoption. SECTION 3. Said change in the tax rate, from eight percent (8%) to ten percent (10%), shall be imposed on October 1, 1991. - 1 - c: • • • • 1 2 3 4 5 6 7 8 9'' 10 11 12 c 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 from the passage thereof, this ordinance shall be published at least once in the Easy Reader, a weekly newspaper of general circulation, published, and circulated in the City of Hermosa Beach, California. PASSED, APPROVED, and ADOPTED this 13th day of August 1991. PRESIDENT OF THE CITY COUNCIL, AND MAYOR OF THE CITY OF HERMOSA BEACH, CALIFORNIA APPROVED AS TO 2ORM: CITY ATTORNEY ATTEST: CITY CLERK - 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. 91-1057 was duly and regularly passed, approved and adopted by the City Council of the City of Hermosa Beach at a regular meeting held at the regular meeting place thereof on the 13th day of August, 1991, and was published in the Easy Reader on August 22, 1991. The vote was as follows: • AYES: Creighton, Essertier, Sheldon, Wiemans, Mayor Midstokke NOES: None ABSENT: None ABSTAIN: None DATED: August 22, 1991 • • City Clerk& PROOF OF PUBLICATION (20 15.5 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 EASYREADER a newspaper of general circulation, printed and published ...WFXKLY..................... in the City of .................. ... ........... 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... /„ 1, 19 ,72, Case Number SjJC . 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, / ......... ;� n.,...........,,...........,......... all in the year 19.9.1. 1 certify (or declare) under penalty of perjury that the foregoing Is true and correct Dated at �(ZMQSIi..l3.r'1S Ea ................ California, this.uqus y of.. 19 �. _.. ... ...'! .. ... Signature •Fret coples of this blank form may be secured from: CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House P.O. Box 31 Los Angeles. CA 90053 Telephone 625-2541 Please request GENERAL Proof of PubllCat Ion when ordering this form. This space is for the County Clerk's Filing Stamp n � a Proof of Publication of CITY OF HERMOSA BEACH ►D.A4 I gN, EP 09 �1J9, o> � Cltr clerk IF CIPy Of Hermosa Beach' CITY OF HERMOSA BEACH ORDINANCE NO. 91-1057 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, . AMENDING CHAPTER 30, "TAXATION", ARTICLE III, SECTION 30.13. TAX IMPOSED, REGULATING TRANSIENT OCCUPANCY TAXATION, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That Chapter 30, Article III, Section 30.13, Tax Imposed, of the Her- mosa Beach Municipal Code be and is hereby amended to read as follows: "For occupancy of any hotel or hospital as defined, each transient is subject to and shall pay a tax in the amount of ten percent (10%) of the rent of bill charged by the operator. Said tax constitutes a debt owed by the transient to the City which is extinguished only by payment to the operator of the hotel or hospital at the time the rent or bill is paid. If the rent or bill is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient's ceasing to occupy space in the -hotel OT -hospital. It any reason the tax due is not paid to the operator of the hotel or hospital, the tax administrator may require that such tax shall be paid directly to the tax adminis- trator." SECTION 2. This Ordinance shall take effect flurty (30) days after the date of its. adoption. SECTION 3. Said change in the tax rate, from eight percent (8%) to ten percent (10%), shall be imposed on October 1, 1991. SECTION 4. Prior to the expiration of fifteen (15) days from the passage thereof, this ordinance shall be published in the Easy Reader, a weekly newspaper of gen- eral circulation, published, and circulated in the City of Hermosa Beach, California. PASSED, APPROVED AND ADOPTED this 13th day of August, 1991. KATHLEEN MIDSTOKKE PRESIDENTof1he0fyCoundl and MAYORoffheGlyof ApMVEDASTOFORM: Edw stlW.Lee.0 flyAttartey ATTEST: E1aineDoerfTuutg,C dyCle k VOTE:AYES Creighton,Essertfer,Sheldon, Wernors,MavorNalslokke NOES: None ABSENT: Norte ABSTAIN:None ER 8122/91 HBL-510 Z 2' ORDINANC$-NO. 91-1058 3 5 AN 'ORDTNANCE "OF. -THE 'CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING =46 CHAPTER 17 (LICENSE AND PERMITS); T.q ADD "COMMERCIAL PROPERTY- RENTAL" AS IT RELATES.TO_,BUSINESS LICENSE TAXES. 8 9 THE CITY COUNCIL OF -THE'. CITY `OF HERMOSA BEACH, CALIFORNIA 110 DOES -HEREBY` ORDAIN AS FOLLOWS: 11 r 12Section l.` That :Section 17=19(b) TAXES be.amended to add 13.., -. Classification"A", Group '14 to read as follows: :14, erty'w1 ch is aailable, for lease or "Any person owning -4 propv 15 yrent ' for commercial.-purposes,-within";within `the City of Hermosa Beach, .- , shall = be subject toa tax based. on, the, grass f loors area of 'the' A -bu.lding(s) on said property'in accordance with the following R schedule: 19. t m 1. 5, 0 0:0 square feet No Fee '21` 5,001 - 10,5000 square feet = $100.00 22 10,001 - 15,-000 square feet = $20,0..00 23 15,060-1 - 20,`000 square feet = $300.00. 24 20,001 - 25, 000° square feet- _ $400.00 • 25 25,001 - 30,0 -00 -square feet = $500.00 : 26 30,'001 - 35,;-000: square feet _ $600..,00, 27° • -Fot, every ,increment' of 5, 000 aquare, feet over 35,000 square feet, 28. . aftd,additional 100.00 shall be applied. i 2- That ,_portion of a building that. houses a, business which is • 3 operated by the property owner shall be exempt from -this -tax-.- - 4 Section 2. .Hermosa Beach `Municipal Code Section 19-1-9.3 5' shall be amended to include Group 14 in the list of fees that ,are 6 to be -annually adjusted to rrefIe6- the current cost of livings increase. g 9 _ Section 3. This ordinance.Ishall. become effective- and. -,be in 10 full force and ef.f-ect from and after thirty; (30) days of its 11 final' passage-, and adoption.. 2 ` Section ,4. This ordinance- expire and become null and 13 t• . `void two (2) "years- from the dat"e of this final passage and 14 adoption., Expiration of this.ordinance shall have no effect on f- 1;5: taxes due during the effective period,of 'this- ordinance. 16 Ar4 Section 5. Prior 'to the expiration of fifteen (15) days, 18afte`r the- date of :its adoption, the City CLerk shall Cause this r' x ` ordinance to be published in the` Easy, Reader, a weekly newspaper ,. �20' of :general ,circulation published and circulated in: the City'! of 21 Hermosa Beach, in -the manner ;provided by law. ` n 21. Section 6. The City Clerk shall certify to the passage an 23 adoption°of this ordinance;shall,enter the same in the book of 24 original ordinances of said city, and shall make minutes of -he- he-25 25, passage and -adoption -thereof in the records 26 r 27 29 - 2 - - 3 - 1 of the proceedings of the City Council a which the -'same Is 3. passed and adopted. • 4 5 PASSED,'APPROVED AND ADOPTED this, 10th day of September 1919'1 6 7 _ 8 PRESIDENT of the�C.ity Council,, and,Mayor of F the City of -Hermosa Beach, y`California, 10 11 ATTEST: 12 ! CITY CLERK 14-C— 15 16 APPROVED AS`TO. ,:FORM :'r, 17 18 9 - !/ C hTY ATTORNEY; 20 21 22 - 23 24 - 3 - • • STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF HERMOSA BEACH ) I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do hereby certify that the foregoing Ordinance No. 91-1058 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, 1991, and was published in the Easy Reader on September 19, 1991. The vote was as follows: • AYES: Creighton, Essertier, Wiemans, Mayor Midstokke NOES: None ABSENT: None ABSTAIN: Sheldon DATED: September 19, 1991 • • City glerk • 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 ..h^! h Y........... ... 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.. 9/.2.1, 19�?., 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, t0 -wit' 9// ....................I..�................ ......... all in the year 19..91 1 certify (or declare) under penalty of perjury that the foregoing is true and correct Dated at,, Hermosa Beach ................................ • California, this. J ,day of.$eP,t,, 19 �1. .......... Signature • Free copies of this blank form may be secured from: CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House P.O. Box 31 Los Angeles, CA 90053 Telephone 625-2541 Please request GE NE RAL Proof of Publlcatlon when ordering this form. This space is for the County Clerk's Filing Stamp Proof of Publication of A, .NL:LJry. .V -4A CITY OF HERMOSA BEACH ORDINANCE NO. 91-1058 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 17, (LICENSE AND PERMITS) TO ADD "COMMERCIAL PROPERTY RENTAL" AS IT RELATES TO BUSINESS LICENSE TAXES. THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That Section 17-19(b) TAXES be amended to add Classification "A Group 14 to read as follows: Any person owning a property which is available for lease or rent for commer- cial purposes within the City of Hermosa Beach, shall be subject to a tax based on the gross floor area of the building(s) on said property in accordance with the fol- lowing schedule: 1- 5,000 square feet = No Fee 5,001-10,000 square feet:: $100.00 10,001-15,000 square feet:: $200.00 15,001.20,000 square feet $300.00 20,001-25,000 square feet :: $400.00 25,001-30,000 square feet $500.00 30,001-35,000 square feet :: $600.00 For every increment of 5,000 square feet over 35,000 square feet, an additional 100.00 shall be applied. That portion of a building that houses a business which is operated by the property owner shall be exempt from this tax. SECTION 2. Hermosa Beach Municipal Code Section 19-19.3 shall be amended to include Group 14 in the list of fees that are to be annua1ry adjusted to reflect the current cost of living increase. SECTION 3. This ordinance shall be- come effective and be in full force and effect from and after thirty (30) days of its final passage and adoption. SECTION 4. This ordinance shall ex- pire and become null and void two (2) years from the date of this final passage and adoption. Expiration of this ordinance shall have no effect on taxes due during the effective period of this ordinance. SECTION 5. Prior to the expiration of fifteen (15) days after the date of its adop- tion, the City Clerk shall cause this ordi- nance 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 an adoption of this ordi- nance shall enter the same in the book of original ordinances of said city, and shall make minutes of the passage and adop- tion thereof in the records of the proceed- ings of this City Council at which the same is passed and adopted.. PASSED, APPROVED AND ADOPTED this 10th day of September, 1991. KATHLEEN MIDSTOKKE PRESIDEN ToftheCifyCO—1 and MAYORofiheCflyof Hermosa Beach, California ATTEST: Elaine Doerfling. City Clerk APPROVED AS TO FORM: Charles S. Vose, City Attorney The vote was as follows: AYES Creighton, Essertier, Wiemans. Mayor Midstokke NOES: None ABSENT: None ABSTAIN: Sheldon 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 ORDINANCE 91-1059 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ESTABLISHING A PROCEDURE FOR CREATING PREFERENTIAL RESIDENTIAL PARKING AREAS WHEREAS, it is known that certain areas within the City of Hermosa Beach, can be and are severely impacted by the non-resident parking of vehicles; WHEREAS, the City desires to establish a system by which Preferential Residential parking areas may be determined and established; WHEREAS, parking on certain residential streets adjacent to high density commercial areas, is subject to heavy use and demand from non-resident users; WHEREAS, the City desires to maintain a safe and hazard free environment; WHEREAS, there exists a yet undetermined impact on the residents of the City of Hermosa Beach due to the marginally adequate on -street parking, causing a detrimental effect on the health, safety and general welfare of the residents by: 1) increasing non-resident traffic volume and parking demand; 2) Creating unreasonable burdens upon residents in gaining access to their dwellings; 3) Exacerbating noise and air pollution and creating new trash and litter problems; 4) Causing greater risk of traffic accidents; 5) increasing risk of criminal activity; - 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 6) Creating a risk of depressing property values; 7) 'Threatening generally to overwhelm the City's capacity to protect the residential character of its neighborhoods. 8) The establishment of a Preferential Residential Parking Program proposed by this ordinance is designed to alleviate the problems cited here which arise from the use by non-resident commuters in residential neighborhoods. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. This Ordinance is adopted pursuant to the provisions of Section 22507 of the California State Vehicle Code and Section 19-100 of the Hermosa Beach Municipal Code SECTION 2. That Chapter 19, "Motor Vehicles and Traffic", of the Hermosa Beach Municipal Code shall be and hereby is amended as follows, by adding Section 19-100.1; and additional language: Chapter 19 MOTOR VEHICLES AND TRAFFIC Article 1V, Stopping, Standing and Parking, Division 3. 519-96 -- 919-107 Section 19-100. Parking permits for certain spaces. The City Council may, by resolution, declare certain parking spaces may be occupied by vehicles contrary to the provisions of the preceding section; provided, that any vehicle so occupying such space shall have displayed thereon, in a visible location designated by the resolution, a valid parking permit issued by the City. Such resolution shall set forth the fee schedule for - 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 W the parking permits, the period for which the permit shall be issued and the means by which the parking spaces shall be identified to the general public as permit parking spaces. Section 19-100.1. Preferential Residential Parking Program Prior to the establishment of any Preferential Residential parking area, the following shall occur: (a) Any party(s) desiring to create a Preferential Residential parking area, shall first contact the General Services Department to obtain an application to create a Preferential Residential parking area. The application shall be submitted along with the following: 1. A written description of the streets to be restricted. 2. A petition requesting the restricting of the area, signed by at least 660 of the occupied dwelling units within the proposed area. 3. Pay all necessary fees: a. 400' radius noticing fee (three (3) bids obtained by the City, applicant shall pay the lowest bid) (D) Upon review of the application by the Department, the Department shall place the matter before the City Council with recommendation, and schedule for public hearing for the purpose of determining whether a proper - 3 - 1 • 2 3 • 4 5 9 10 11 12 13 14 • 15 16 17 • 18 19 20 21 22 23 24 25 26 • 27 28 basis exists for creation of a Preferential Reside::-_ial parking area. Notice of such public hearing shall be given at least ten (10) days prior to the hearing by publication in a newspaper of general circulation and b mailing to the property owners as shown on the last equalized assessment roll, and to the occupants, of eac parcel in the area proposed for designation as a Preferential Residential parking area. (c) Upon closure of the Public Hearing, the City Council shall make determination to grant or deny the application. (d) Upon granting of the application, the City Council shall pass a resolution, establishing a Preferential Residential parking area pursuant to their direction. (e) Fees for the permits shall be established by the enabling resolution, and shall be set to defray all costs reasonably borne. Section 19-100.2 Termination of Preferential Residential parki areas. (a) Upon receipt of a petition signed by two-thirds of the residents within the designated Preferential Residential parking area, the General Services Department may recommend to the City Council that the Preferential Residential parking area may be dissolved. (b) Upon such recommendation by Staff, the City Council - 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 shall conduct a public hearing thereon, for the purpose of determining whether a proper basis exists for terminating such Preferential Residential parking area. Notice of such public hearing shall be given at least ten (10) days prior to the hearing by publication in a newspaper of general circulation and by mailing to the property owners as shown on the last equalized assessment roll, and to the occupants, of each parcel within the Preferential Residential parking area. (c) Such a determination shall be based upon a finding that the conditions as set forth in the introduction of this ordinance (page one, numbers 1 - 8), no longer exist or have diminished in degree to such an extent as to make unnecessary the maintenance of the area. 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, such decision shall not effect the validity of the remaining portions of the ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, 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. That this ordinance shall take effect thirty days after the date of its adoption. - 5 - • 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 6. That prior to the expiration of fifteen 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. ATTEST: PASSED, APPROVED and ADOPTED this 27th day of August, i99i. PRESIDENT of the City Council, and MAYOR of the City of Hermosa Beach, California CITY CLERK APPRO �D AS TO FORD r CITY ATTORNEY /MDT/ - 6 - • • 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. 91-1059 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 August, 1991, and was published in the Easy Reader on September 5, 1991. The vote was as follows: • AYES: Creighton, Essertier, Wiemans, Mayor Midstokke NOES: Sheldon ABSENT: None ABSTAIN: None DATED: September 5, 1991 • City//Clerk) PROOF OF PUBLICATION (2015.5 C.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 printer of the BEACH PEOPLE'S EASY READER a newspaper of general circulation, printed and published ..week 1.Y..... .. in the City of ... ermosa 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 dateof..9�?A, 19 2., 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' 9/5 all i.... ...... ......................... ..:.., , n the year 19.,91 1 certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Hermosa Beach • CallforQia, this...5th .• ay of.*Pht., 19. 1 Signature Fret Copps of this blank form may be secured from; CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House P.O. Box 31 Los Angeles, CA 90053 Telephone 625-2541 Please request GENERAL Proof of Publication when ordering this form. This space is for the County Clerk's Filing Stamp Proof of Publication of .............. .. hall take effect thirty days afterthe ate of its adoption. SECTION 5. That prior to the xpiration of fifteen days after the ate of its adoption, the City Clerk hall cause this ordinance to be ublished in the Easy Reader, a eekly newspaper of general cir- ulation published and circulated the City of Hermosa Beach. PASSED, APPROVED AND DOPTED this 27th day of August, 991. KATHLEEN MIDSTOKKE PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California TTEST: laine Doerfling, City Clerk PPROVED AS TO FORM: dward W. Lee, City Attorney OTE: AYES: Creighton, ssertier, Wiemans, Mayor Midstokke OES: Sheldon ABSENT: None BSTAIN:None ER 9-5-91 HBL-517 The City Council may, by reso- s lution, declare certain parking d .. . . . . .............. ... spaces may be occupied by ve- hicles contrary to the provisions of e Paste the preceding section;providedthat d any vehicle so occupying such s f space shall have displayed thereon, p in a visible location designated by w SEC the resolution, a valid parking per- c In Tt mit issued by the City. Such reso- in lution shall set forth the fee sched- ule for the parking permits, the A period forwhichthe permit shall be 1 issued and the means by which the parking spaces shall be identified to the general public as permit park- ing spaces. Section 19-100.1. Preferential A Residential Parking Program. E Prior to the establishment of A any Preferential Residential park- E ing area, the following shall occur: V (a) Any party(s) desiring to cre- E ate a Preferential parking area shall first contact the General Services N Department to obtain an applica- A tion to create a Preferential Resi- dential parking area. The application shall be sub- mitted along with the following: 1. A written description of the streets to be restricted. 2. A petition requesting the restricting of the area, signed by at ► A least 66% of the occupied dwelling ® v units within the proposed area. e e� ® 3. Pay all necessary fees: fee M a .• a. 400' radius noticing (three (3) bids obtained by the City, • applicant shall pay the lowest bid). (b) Upon review of the applica- tion by the Department, the Depart - CITY OF HERMOSA BEACH ment shall place the matter before ORDINANCE NO. 91-1059 the City Council with recommen- AN ORDINANCE OF THE CITY dation, and schedule for public OF HERMOSA BEACH, hearing for the purpose of deter - CALIFORNIA, ESTABLISHING mining whether a proper basis ex - A PROCEDURE FOR ists for creation of a Preferential CREATING PREFERENTIAL Residential parking area. Notice of RESIDENTIAL such public hearing shall be given PARKING AREAS at least ten (10) days prior to the WHEREAS, it is known that hearing by publication in a news - certain areas within the City of paper of general circulation and by Hermosa Beach can be and are mailing to the property owners as severely impacted by the non-resi- shown on the last equalized as- dential parking of vehicles; sessment roll, and to the occu- WHEREAS, the City desires to establish a system by which Pref- pants of each parcel in the area proposed for designation as a Pref- erential Residential parking areas erential Residential parking area. (c) Upon closure of the Public may be determined and estab- Hearing, the City Council shall make lished; WHEREAS, parking on certain determination to grant or deny the residential streets adjacent to high density commercial areas is sub- application. (d) Upon granting of the appli- ject to heavy use and demand from cation, the City Council shall pass non-resident users; a resolution, establishing a Prefer - WHEREAS, the City desires to ential Residential parking area maintain a safe and hazard free pursuant to their direction. environment; (e) Fees forthepermits shall be r WHEREAS, there exists a yet established by the enabling reso- undetermined impact on the resi- lution, and shall be set to defray all dents of theCity of Hermosa Beach costs reasonably bome. due to the marginally adequate on- Section 19-100.2 Termination street parking, causing adetrimen- of Preferential Residential park- tal effect on the health, safety and general welfare of the residents by: ing areas. (a) Upon receipt of a petition 1). Increasing non-residenttraf- signed by two-thirds of the resi- tic volume and parking demand; dents within the designated Prefer - 2). Creating unreasonable bur- ential Residential parking area, the dens upon residents in gaining recommend rvices Department y Council that access to their dwellings; 3) Exacerbating noise and air the Preferential Residential park - pollution and creating new trash ing area may be dissolved. and litter problems; (b) Upon such recommenda- 4) Causing greater risk of traffic tion by Staff, the City Council shall accidents; conduct a public hearing thereon, 5) Increasing risk of criminal for the purpose of determining activity; whether a proper basis exists for 6) Creating a risk of depressing terminating such Preferential Resi- property values; dential parking area. Notice of such 7) Threatening generally to public hearing shall be given at overwhelm the City's capacity to least ten (10) days prior to the protect the residential character of hearing by publication in a news - its neighborhoods. paper of general circulation and by 8) The establishment of a Pref- epropertyowners show 9 on the as erential Residential Parking Pro -equalized gram proposed by this ordinance is sessment roll, and to the occu- designed to alleviate the problems pants of such parcel within the cited here which arise from the use Preferential Residential parking by non-resident commuters in resi- dential neighborhoods. area. (c) Such a determination shall NOW, THEREFORE, THE be based upon a finding that the CITY COUNCIL OF THE CITY OF conditions as set forth in the intro- HERMOSA BEACH, CALIFOR- duction of thisordinance (page one, NIA, DOES HEREBY ORDAIN AS numbers 1-8) no longer exist or FOLLOWS: have diminished in degree to such SECTION 1. This Ordinance is an extent as to make unnecessary adopted pursuant totheprovisions of Section 22507 of the California the maintenanSECTION3.the area. y State Vehicle Code and Section subsection, sentence, clause, or 19-100 of the Hermosa Beach phrase of this ordinance is for any Municipal Code. reason held to be invalid or uncon- SECTION 2. That Chapter 19, stitutional by the decision of any "Motor Vehicles and Traffic," of the court of competent jurisdiction, Hermosa Beach Municipal Code such decision shall not affect the shall be and hereby is amended as validityof ter of follows, by adding Section 19- Theng Cityrtions y Council 100.1; and additional language: heretydeclares ordinance tt it would have passed this and each CHAPTER 19 MOTOR VEHICLES AND section, subsection, clause, and TRAFFIC phrase thereof, irrespective of the Article IV, Stopping, Standing fact that any one or more sections, and Parking, Division 3. subsections, sentences, clauses, §19-96 -§19-107 or phrases be declared invalid or Section 19-100. Parking per- unconstitutional. tthisordinance mits for certain spaces. hall take effect thirty days afterthe ate of its adoption. SECTION 5. That prior to the xpiration of fifteen days after the ate of its adoption, the City Clerk hall cause this ordinance to be ublished in the Easy Reader, a eekly newspaper of general cir- ulation published and circulated the City of Hermosa Beach. PASSED, APPROVED AND DOPTED this 27th day of August, 991. KATHLEEN MIDSTOKKE PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California TTEST: laine Doerfling, City Clerk PPROVED AS TO FORM: dward W. Lee, City Attorney OTE: AYES: Creighton, ssertier, Wiemans, Mayor Midstokke OES: Sheldon ABSENT: None BSTAIN:None ER 9-5-91 HBL-517 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. 91-1060 AN ORDINANCE OF THE CITY OF HERMOSA BEACH AMENDING THE HERMOSA BEACH MUNICIPAL CODE WITH RESPECT TO TERMS OF OFFICE FOR MEMBERS OF THE PLANNING COMMISSION. THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 2-74 of the Hermosa Beach Municipal Code is hereby amended to read as follows: "Section 2-74. Terms of Member; Vacancies. The members of the planning commission shall be appointed for a term of four (4) years. If a vacancy shall occur otherwise than by expiration of term, it shall be filled by appointments by the city council for the unexpired portion of the term. Appointments shall be made pursuant to Government Code Section 54970 et seq. Members serve at the pleasure of the city council and may be removed, without cause, by a majority vote of the city council. Upon an expiration of term, vacancy, or resignation, said member of the commission may continue to serve until a successor is appointed and qualified. Where the city council votes to remove a member of the commission, the city council shall determine the effective date of said removal. Two (2) absences from regularly scheduled meetings of any member within one (1) calendar • • • • 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 quarter, and/or four (4) absences from regular meetings within one (1) calendar year creates an automatic vacancy. There shall be no distinction between excused or unexcused absences. When an automatic vacancy occurs, the staff liaison shall promptly notify the city council, the commission, and the member. The automatic vacancy shall not be effective until council receives notice and fails to waive application of this section. The city council may waive application of the automatic vacancy upon its own motion; otherwise, the vacancy so created shall be filled pursuant to the above sections." Section 2. 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. 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 / / 5310.01 2. • • • • • 1 2 3 4 5 6 7 8 9f 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 October , 1991. �I �i��� •%%ire% President of the City Council and Mayor of the City of Hermosa Beach, California ATTEST: Ile City Clerk APPRQVXD AS TO FORM: 4 U W 1 Cit Attorney Y 5310.01 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. 91-1060 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, 1991, and was published in the Easy Reader on October 17, 1991. The vote was as follows: • AYES: Creighton, Sheldon, Mayor Midstokke NOES: Essertier, Wiemans ABSENT: None ABSTAIN: None DATED: October 17, 1991 11 City C1 rk 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 newspaper •of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of„ 9L? 1, 19, 1—, 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: 10/17 all in the year 19..91. 1 certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at.., Hermosa Beach ................................ • California, this.,17th. ay of.,OCT., 19..9.1 /...R..6 ..)..... ignature Free copies of this blank form may be secured from: CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House P.O. Box 31 Los Angeles, CA 90053 Telephone 625-2541 Please revuest GENERAL Proof of Publication when ordering this form. This space is for the County Clerk's Filing Stamp y ?V0110 r l9 klj C �' m city or Mfe��oe� DeQeK Proof of Publication of CITY OF HERMOSA BEACH r (Do .................. CITY OF HEBMOSA BEACH ORDINANCE NO. 91-1060 AN ORDINANCE OF THE CITY OF HERMOSA BEACH AMENDING THE HERMOSA BEACH MUNICIPAL CODE WITH RESPECT TO TERMS OF OFFICE FOR MEMBERS OF THE PLANNING COMMISSION THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 2-74 of the Hermosa Beach Municipal Code is hereby amended to read as follows: Section 2-74. Terms of Mem- ber; Vacancies. The members of the planning com- mission shall be appointed for a term of four (4) years. If a vacancy shall occur otherwise than by expiration of term, it shall be filled by appointments by the city council for the unexpired por- tion of the term. Appointments shall be made pursuant to Government Code Section 54970 et seq. Mem- bers serve at the pleasure of the city council and may be removed, without cause, by a majority vote of the city council. Upon an expiration of term, va- cancy, or resignation, said mem- ber of the commission may con- tinue to serve until a successor is appointed and qualified. Where the city council votes to remove a member of the commission, the city council shall determine the effective date of said removal. Two (2) absences from regularly scheduled meetings of any mem- berwithin one (1) calendar quarter, and/or four (4) absences from regu- lar meetings within one (1) calen- dar year creates an automatic va- cancy. There shall be no distinc- tion between excused or unexcused absences. When an automatic vacancy occurs, the staff liaison shall promptly notify the city council, the commission, and the member. The automatic vacancy shall not be effective until council receives notice and fails to waive application -of this section. The city council may waive application of the automatic vacancy upon its own motion; otherwise, the vacancy so created shall be filled pursuant to the above sections." SECTION 2. This Ordinance shall become effective and be in full force and effect from and after thirty (30) days of its final passage and a&p!ion. 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 newspaper of general cir- n published and circulated City of Hermosa Beach, in nner provided by law. CTI ON 4. The City Clerk shall to the passage and adoption ordinance, shall enter the in the book of original ordi- s of said city, and shall make �s of the passage and adop- ereof in the records of pro- gs of the City Council at the same, is passed and :d. SSED, APPROVED and TED this 8th day of October, KATHLEEN MIDSTOKKE SIDENT of the City Council and MAYOR of the City of Hermosa Beach, California 3T: Doerfling,-City Clerk OVED AS TO FORM: 'd W. Lee, City Attorney Die was as follows: :AYES iton, Sheldon, Mayor Dkke, is Essertier, Wiemans NT: None ABSTAIN: None' ER 10/17/91 HBL-520 • • • 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. 91-1061 AN ORDINANCE OF THE CITY OF HERMOSA BEACH AMENDING THE HERMOSA BEACH MUNICIPAL CODE WITH RESPECT TO TERMS OF OFFICE FOR MEMBERS OF THE PARKS, RECREATION, AND COMMUNITY RESOURCES ADVISORY COMMISSION. THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 2-64 of the Hermosa Beach Municipal Code is hereby amended to read as follows: "Section 2-64. Terms of Member; Vacancies. The members of the Parks, Recreation and Community Resources Advisory Commission shall be appointed for a term of four (4) years. If a vacancy shall occur otherwise than by expiration of term, it shall be filled by appointments by the city council for the unexpired portion of the term. Appointments shall be made pursuant to Government Code Section 54970 et seq. Members serve at the pleasure of the city council and may be removed, without cause, by a majority vote of the city council. Upon an expiration of term, vacancy, or resignation, said member of the commission may continue to serve until a successor is appointed and qualified. Where the city council votes to remove a member of the commission, the city council shall determine the effective date of said removal. • 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 Two (2) absences from regularly scheduled meetings of any member within one (1) calendar quarter, and/or four (4) absences from regular meetings within one (1) calendar year creates an automatic vacancy. There shall be no distinction between excused or unexcused absences. When an automatic vacancy occurs, the staff liaison shall promptly notify the city council, the commission, and the member. The automatic vacancy shall not be effective until council receives notice and fails to waive application of this section. The city council may waive application of the automatic vacancy upon its own motion; otherwise, the vacancy so created shall be filled pursuant to the above sections." Section 2. 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. 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 / / 5310.02 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 passage and adoption thereof in the records of the proceedings of the city council at which the same is passed and adopted. PASSED, APPROVED, and ADOPTED this 12th day of November 1991. President of the City Council and Mayor of the City of Hermosa Beach, California ATTEST: City Clerk APPROVED AS TO FORM: n�� 1-1 4e—, Cit Attorney ey 5310.02 3. • • STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF HERMOSA BEACH ) I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do hereby certify that the foregoing Ordinance No. 91-1061 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 November, 1991, and was published in the Easy Reader on November 21, 1991. The vote was as follows: . AYES: Creighton, Essertier, Sheldon, Mayor Midstokke NOES: Wiemans ABSENT: None ABSTAIN: None DATED: November 13, 1991 • U CityClerk' 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 newspaper of general circulation by the Superior Court . of the County of Los Angeles, State of California, under the date of.. 9/2.1, 19 �?., Case Number SWC. 22940.; thatthenotice, 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: ..........1.1/.?A .................................. all in the year 19..91. 1 certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at.,, Hermosa Beach ............................... • California, this.. Zlst ay of., NOV,, 19 91. '%:. �� ..... 6_0 ....... . Signature • Free copies of this blank form may be secured from: CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House P.O. Box 31 Los Angeles, CA 90053 Telephone 625-2541 Please request GENERAL Proof of Publication when ordering this form. This space is for the County Clerk's Filing Stamp Proof of Publication of CITY OF HERMOSA BEACH .................................................... . .. .......................................................... f the pleasure of the city council and • ! a may be removed, without cause, by a I� 'yy majority vote of the city council. Upon an expiration of term, va- cancy, or resignation, said member •fir y • of the commission may continue to 1�+r�MA I; serve until a successor is appointed and qualified. Where the city council votes to remove a member of the CITY OF HERMOSA BEACH commission, the city council shall ORDINANCE NO. 91-1061 determine the effective date of said AN ORDINANCE OF THE CITY OF removal. HERMOSA BEACH, CALIFORNIA, Two (2) absences from regularly AMENDING THE HERMOSA scheduled meetings of any member BEACH MUNICIPAL CODE WITH within one (1) calendar quarter, and/ RESPECT TO TERMS OF OFFICE or four (4) absences from regular FOR MEMBERS OF THE PARKS, meetingswithin one (1)calendaryear RECREATION, AND COMMUNITY createsan automatic vacancy. There RESOURCES ADVISORY shall be no distinction between ex - COMMISSION. cused orunexcused absences. When THE CITY COUNCIL OF THE CITY an automatic vacancy occurs, the OF HERMOSA BEACH DOES staff liaison shall promptly notify the HEREBY ORDAIN AS FOLLOWS: city council, the commission and the SECTION 1. Section 2-64 of the member. The automatic vacancy Hermosa Beach Municipal Code is shall not be effective until council hereby amended to read as follows: receives notice and fails to waive "Section 2-64. Terms of Mem- application of this section. The city bers; Vacancies. council may waive application of the The members of the Parks, Recre- automatic vacancy upon its own ation and Community Resources motion; otherwise, the vacancy so Advisory Commission shall be ap- created shall be filled pursuant to the pointed for a tens of four (4) years. above sections." If a vacancy shall occur otherwise SECTION 2. This ordinance shall than by expiration of term, it shall be become effective and be in full force filled by appointments by the city and effect from and after thirty (30) council for the unexpired portion of days of its final passage and adop- theterm.Appointmentsshall be made tion. pursuant to Government Code Sec- SECTION 3. The City Clerk shall tion 54970 et seq. Members serve at 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 of the proceedings of the city council at which the same is passed and adopted. PASSED, APPROVED AND ADOPTED this 12th day of Novem- ber,1991. KATHLEEN MIDSTOKKE PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: Elaine Doerfling, City Clerk APPROVED AS TO FORM: Chades S. Vose, City Attorney The vote was as follows: AYES: Creighton, Essedier, Sheldon, Mayor Midstokke NOES: Weimans ABSTAIN: None ABSENT: None ER11/21/91 HBL-523 • 1 21' 3 • 4' 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 91-1062 AN ORDINANCE OF THE PEOPLE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE GENERAL PLAN, CERTIFIED COASTAL LAND USE PLAN, AND ZONING ORDINANCE TEXT TO ALLOW 70% RESIDENTIAL AND 30% COMMERCIAL RECREATION FOR THE BILTMORE SITE, CONSISTENT WITH THE APPROVAL OF THE COASTAL COMMISSION, AND ENSURING THAT FUNDS GENERATED FROM THE SALE OF THE .82 ACRE SITE SHALL BE USED FOR THE ACQUISITION OF A MINIMUM OF FOUR ACRES OF OTHER EXISTING OPEN SPACE, PRINCIPALLY WITHIN THE COASTAL ZONE WHEREAS, the proposed General Plan Land Use amendment is necessary to be consistent with the Coastal Commission decision regarding a proposed Land Use Plan amendment with regard to development of the Biltmore Site; and WHEREAS, the proposed General Plan Land Use amendment and the proposed Zoning Ordinance text amendment will not result in a significant impact on the environment as it involves a change in the allowed mix of uses on the Biltmore Site which will result in a less than significant impact to the environment; and WHEREAS, a combination of commercial and residential uses on the Biltmore Site is consistent with adjacent and surrounding land uses which to the north and east are predominantly multi -family residential uses, while to the south it is predominately commercial uses; WHEREAS, the Zoning Ordinance text amendment will allow a density consistent with the Medium Density General Plan designation for the residential portion and an intensity consistent with the Commercial Recreation designation for the commercial portion; and WHEREAS, the provisions of the Specific Plan Area will - 1 - 1 ensure that the development of the site is consistent with the • 2 character of surrounding uses and of an appropriate density given 3 the existing congestion of the area; • 4 NOW, THEREFORE, THE PEOPLE OF THE CITY OF HERMOSA BEACH DO 5 ORDAIN AS FOLLOWS: 6 SECTION 1. Amend the General Plan Land Use Map designation for the property commonly known as the "Biltmore 7 Site" from Medium Density Residential to the following: 8 9 Commercial Recreation, on the southerly portion of they 10 site legally described as follows: 11 Lots 1, 2, 19, 20 and 32, inclusive, Block 15, Hermosa Beach 11 Tract; and including the vacated portion of Beach Drive extending 60 feet northerly from 14th Street. 12 Medium Density Residential, on the remaining portion of 13 the site legally described as follows: 14 Lots 3 through 9, inclusive, Block 15, Hermosa Beach Tract; • and including the vacated portion of Beach Drive extending 15 150 feet southerly from 15th Street and including the vacated portion of 15th Court extending 60 feet eastward from Beach 16 Drive. 17 SECTION 2. Consistent with the Coastal Commission's 18 approval, the text of Coastal Commission Certified Land Use Plan 19 is amended to read as follows: 20 1. Amend the designation for the property known as the 21 "Biltmore Site" from Specific Plan Area for a Hotel to Medium Density Mixed Residential/Commercial Recreation 22 with Public Open Space Acquisition overlay, legally described as follows: 23 24 Lots 1 through 9, inclusive, and lots 19, 20 and 32, Block 15, Hermosa Beach Tract; and including the vacated portion of • 25 Beach Drive between 14th and 15th Streets and including the vacated portion of 15th Court extending 60 feet eastward from 26 Beach Drive. 2. Amend the designation for the property commonly known as • 27 "Parking Lot C" from Specific Plan Area to General Commercial/Public Beach Parking. 28 - 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 W 3. Amend page 11, the second paragraph, by eliminating the exception to the height limits of the Zoning Ordinance for the hotel site between Thirteenth and Fifteenth Streets. 4. Insert the following definitions: a. Mixed Residential/Commercial shall provide low rise development with no less than 30% leasable floor area, not including parking, devoted to C-1 commercial, restaurant or beach support recreation use. b. Public Open Space Acquisition Overlay shall provide for the acquisition of public open space primarily within the Coastal Zone of the City of Hermosa Beach. The overlay shall provide that no sale of the property shall take place until a trust fund has been established for the sole purpose of acquiring and improving such new public open space. The form and content of the trust fund shall specify the following provisions and shall be submitted to the Executive Director of the California Coastal Commission for his/her review and approval as to inclusion of the following provisions. Zoning adopted to implement the Public Open Space Acquisition Overlay shall provide that the funds received by the City in the sale of the subject property for residential/commercial mixed uses at least 80% of an amount up to the maximum of $8,000,000 received from the sale of the property shall be used for the acquisition and improvement of new open space property of which at least 70% of said new open space property shall be located within the Coastal Zone. The minimum area to be acquired in the Coastal Zone is 4.0 acres. The ordinance shall also provide that no building permits for construction shall be issued until either 1) the new open space property has been acquired, or 2) the funding necessary to comply with this policy has been dedicated to the purchase of said open space and a binding contract has been signed guaranteeing such a purchase, of no less than 90% of the required new minimum of 4.0 acres of open space property. C. Public Beach Parking shall be parking open to the general public on a first come, first serve basis. 5. Amend the seventh policy under Item 2 on page 12, by adding the underlined text to read as follows: The Policy: The Biltmore Site is a vital asset of the people of Hermosa Beach which will play a substantial - 3 - 1 role in maintaining the City as a financially feasible entity. • 2 The people concur that the most beneficialup blic 3 recreational, economic and environmental use for this coastal site is a combination of residential/beach • 4 serving low intensity commercial, and beach public parking. 5 SECTION 3. Amend Article 9.6, Chapter 1 of the Zoning 6 Ordinance as follows: 7 8 Article 9.6, Chapter 1, Specific Plan Area No. 1 9 Section 9.61-1. Authority. 10 This Specific Plan Area is an instrument for implementing the General Plan pursuant to Article 8, 11 Chapter 3, of the State of California Planning and Zoning Law (California Government Code Section 65450 et. 12 seq. ) 13 Section 9.61-2 Location and Description. 14 The subject area is located on the east side of the Strand generally between 14th Street and 15th Street, 15 and extending to approximately 190 feet east of the Strand. 16 Section 9.61-3 Purpose. I 17 � The purpose of the Specific Plan Area is to set forth the development requirements, standards and permitted 18 uses for development of the subject property consistent with the City of Hermosa Beach General Plan and 19 consistent with the Coastal Commission certified Land 20 Use Plan which requires a minimum of thirty (30) percent of the developed floor area to be utilized for 21 commercial purposes. 22 Furthermore, the Specific Plan Area shall set forth the method to ensure that the funds generated from initial 23 sale of the subject property will provide for the acquisition of open space at other locations within the 24 City of Hermosa Beach, principally within the coastal zone. 25 Section 9.61-4 Permitted Residential Uses and Residential 26 Density. 27 A. Residential uses are only permitted on the portion of • the site designated Medium Density Residential on thei 28 General Plan Map - 4 - 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 s 27 28 B. Any use permitted in the R-1 Residential Zone to a maximum of seven (7) dwelling units. Section 9.61-5 Residential Development Standards A. A minimum of three (3) off-street parking spaces shall be provided for each dwelling unit. B. Lot coverage shall not exceed 50% of the area designated for Medium Density Residential development on the General Plan map. (entire Specific Plan Area) C. A minimum setback of 10 feet shall be provided from the Strand. D. The maximum floor area for any individual dwelling unit shall not exceed 3,000 square feet. The total floor area of the residential uses as compared to the total floor area developed on the entire site shall not exceed seventy (70) percent. E. Development standards shall be as set forth in ARTICLE 5. R-2 TWO-FAMILY RESIDENTIAL ZONE, except pertaining to lot coverage and setbacks as stated in Section 9.61-5(B) and 5(C). F. All other standards shall be as set forth in the City of 1, Hermosa Beach Zoning Ordinance, except pertaining to required parking spaces as stated in Section 9.61-5A. Section 9.61-6 Permitted Commercial Uses A. Commercial uses are only permitted on the portion of the site identified as Commercial/Recreation on the General Plan Map B. Visitor -serving Commercial Uses including, but not limited to, the following: Beach recreation equipment sales and rentals; Visitor or tourist oriented gift shop or retail sales; Snack Bar/Snack Shop; conditional use permit subject to Article 10, Section 10-7; Hotels, Motels Restaurant/Cafe; beer, wine, or general alcohol in conjunction with, conditional use permit required subject to Article 10 C. Any other commercial uses not listed which may be considered visitor -serving shall be subject to the review and approval of the Planning Commission - 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 Section 9.61-7 Commercial Development Standards A. The maximum height shall be thirty (30) feet. Exceptions for height of roof structures shall be in accordance with Article 12, Section 1201, of the zoning ordinance. B. The gross square footage of the commercial floor areas, including any areas for outside dining, and/or recreational use shall be a minimum of 30% of the total floor area of the combination of the commercial and residential uses on the entire site designated Specific Plan Area. C. A Precise Development Plan shall be required for any commercial development in accordance with Article 14, Division 3 (Section 1430 et. seq.) D. All other standards shall be governed by the City of Hermosa Beach Zoning Ordinance, including, but not limited to, Section 8-5, and Article 11.5, Off -Street Parking. Section 9.61-8 Public Open Space Acquisition A. The purpose of this section is to require that funds from the initial sale of the property from the City of Hermosa Beach shall provide for the acquisition of public open space principally within the Coastal Zone of the Citv of Hermosa Beach as follow: 1. No sale of the property shall take place until a trust fund is established, by the City Council of the City of Hermosa Beach, for the sole purpose of acquiring and improving open space; 2. Eiahtv percent (80%) of an amount uD to the maximum of eight million dollars ($8,000,000) received from the sale of the property shall be used for the acquisition and improvement of open space property not currently owned by the City of Hermosa Beach, of which at least seventy percent (70%) shall be be located within the Coastal Zone; 3. The minimum area to be acquired shall be four (4 acres: 4. No building permits for construction within this Specific Plan Area zone shall be issued until either of the followina has occurred: a. A minimum of four (4) acres of open space property has been acquired; or, b. The funding necessary to comply with this section, in terms of acquiring and improving 1 open space, has been dedicated to the purchase • 2 of the open space and a binding contract has been executed guaranteeing the purchase of no less than 90% of the minimum of four (4) acres 3 of open space property • 4 5. For the purposes of this section, open space property shall be defined as any property designated 5 Open Space on the City of Hermosa Beach General Plan, and/or designated as Open Space on the zoning 6 map. 7 SECTION 4. If any section or subsection of this 8 ordinance is for any reason held to be invalid or unenforceable, 9 such holding shall not affect in any respect the validity of the 10 remaining portions of this ordinance or any part thereof. 11 SECTION S. There shall be no modifications, amendment or 12 repeal of any provision of this ordinance without a vote of the 13 people. 14 SECTION 6. Any ordinance which is adopted concurrently •15 less is in with this ordinance which receives votes and conflict 16 with any provision herein shall be repealed in its entirety and 17 of no force and effect. SECTION 7. This ordinance shall take effect in the 18 19 manner prescribed by law. 20 21 22 23 24 • 25 26 • 27 28 - 7 - 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 ATTEST: U , , city Clerk Ordinance No. 91-1062 PASSED, APPROVED AND ADOPTED BY THE ELECTORATE OF THE CITY OF HERMOSA BEACH AT THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 5, 1991 BY THE FOLLOWING VOTE: AYES - 1,675 NOES - 1,635 PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California 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. 91-1063 AN ORDINANCE OF THE PEOPLE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE TO LIMIT MAXIMUM HEIGHT IN THE C-2 AND C-3 ZONES AND SPECIFIC PLAN AREAS NO. 7 AND NO. 8. WHEREAS, the citizens of Hermosa Beach desire to protect the low profile character of Hermosa Beach; and WHEREAS, the citizens desire to protect wherever possible both public and private scenic views; and WHEREAS, the citizens desire to limit the intensity of development within the City; NOW, THEREFORE, THE PEOPLE OF THE CITY OF HERMOSA BEACH DO HEREBY ORDAIN AS FOLLOWS: SECTION 1. Amend Article 8, Commercial Zones, Section 8-5, Standards and Limitations (6) Building Height as follows: "b. In the C-2 zone, no building shall exceed a maximum height of thirty (30) feet. C. In the C-3 zone, no building shall exceed a maximum height of thirty-five (35) feet." SECTION 2. Amend Article 9.6, Specific Plan Areas, Division 7, Specific Plan Area No. 7, Section 9.67-6, Commercial development standards, (b) Standards, as follows: (1) Maximum height: East of P.C.H. West of P.C.H. First Tier Maximum/ Minimum Requirements 30 feet 30 feet Second Tier Maximum/ Minimum Requirements 35 feet 35 feet SECTION 3. Amend Article 9.6, Specific Plan Areas, Division 8, Plan Area No. 8, Section 9.68-61 Commercial development standards, (b) Standards, as follows: - 1 - 1 • 2 3 • 4 5 6 7 [:]I 12 13 • 14 15 16 17 18 19 20 21 22 23 • 24 25 26 • 27 28 (1) Maximum height: East of P.C.H. West of P.C.H. First Tier Maximum/ Minimum Requirements 25 feet 30 feet Second Tier Maximum/ Minimum Requirements 35 feet 35 feet SECTION 4. This ordinance shall not apply to any projects that have a completed building permit package on file with the City prior to November 5, 1991. Said package must include a completed building permit application form, completed conceptual plans (plot plan, floor plan, elevation plan and similar plans), and a lot survey. Projects that have submitted a completed building permit package must pursue their application in a diligent manner and must be issued a building permit within six months of the effective date of this ordinance. SECTION S. If any section or subsection of this ordinance is for any reason held to be invalid or unenforceable, such holding shall not affect, in any respect, the validity of the remaining portions of this ordinance or any such part thereof. SECTION 6. There shall be no modification, amendment or repeal of any provisions of this ordinance without a vote of the people. SECTION 7. Any ordinance which is adopted concurrently with this ordinance which receives less votes and is in conflict with any provisions herein, shall be repealed in its entirety and of no force and effect. SECTION 8. This ordinance shall take effect in thel manner prescribed by law. - 2 - 1 • 2 3I • 4 5 6 7 8. 9 10 11 12 13 • 14 15 16 17 18 19 20 21' 22 23 • 24 25 26 • 27 28 ATTEST: d)a"""' City Clerk Ordinance No. 91-1063 PASSED, APPROVED AND ADOPTED BY THE ELECTORATE OF THE CITY OF HERMOSA BEACH AT THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 5, 1991 BY THE FOLLOWING VOTE: AYES - 2,097 NOES - 1,144 PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California • 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 92-1064 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING ORDINANCE TEXT TO ALLOW DA) NURSERIES, PRESCHOOLS, AND AFTER SCHOOL CHILD CARE FACILITIE; WITH THIRTEEN (13) OR MORE CHILDREN AS A CONDITIONALLY PERMITTEI USE IN THE R-1 ZONE, AND AMENDMENT TO ARTICLE 10, OF THE ZONIN( ORDINANCE TO ESTABLISH STANDARDS FOR GRANTING CONDITIONAL USI PERMITS FOR SUCH FACILITIES AND ADOPTION OF AN ENVIRONMENTAI NEGATIVE DECLARATION WHEREAS, the City Council held a public hearing on Januar3 21, 1992, to consider the recommendation of the Plannin€ Commission to amend the zoning ordinance and made the following Findings: A. Opportunities for opening child day care or preschool facilities of thirteen (13) or more children are limited onlj to the commercial zones; B. In certain circumstances, there may be appropriate location: in residential zones for allowing such uses; C. The proposed text amendment is consistent with the Genera: Plan; D. An environmental assessment has been conducted by the Staf: Environmental Review Committee and it was determined that this text amendment qualifies for a negative declaration; NOW, THEREFORE, the City Council of the City of Hermos. Beach, California, does hereby ordain that the zoning ordinance text be amended to allow day nurseries, preschools, and afte- school child care for thirteen (13) or more children as permitted use in the R-1 zone, as follows: SECTION 1. Amend Section 4-2. Permitted Uses, by adding th following subsection (10): "(10) Day Nursery, Preschool, and/or after schoo child care with thirteen (13) or mor - 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 children, conditional use permit required subject to Section 10-9.1 SECTION 2. Add the following section: "Section 10-9.1 Day Nursery, Preschools, and After School Child Care with thirteen (13) or more children The following minimum conditions and standards, in addition to any other deemed necessary or appropriate to ensure compatibility with existing or future permitted uses in the vicinity, shall be required: (1) A minimum of one parking space for every seven (7) children (2) In residential zones, only property adjacent to commercially zoned property or property developed with a church or school facility shall be considered for a day nursery, preschool, or child care facility with thirteen (13) or more children (3) Adequate space for children shall be provided on the site loading and unloading available or shall be (4) Residential use of a day nursery, preschool, or child care facility with thirteen (13) or more children shall be prohibited (5) All day care centers shall comply with state statutes and shall be licensed by the state. 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. - 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, APPROVED, and ADOPTED this 11th February , 1992 by following vote: AYES: Benz,.Essertier, Mayor Midstokke NOES: Edgerton, Wiemans ABSTAIN: None ABSENT: None PRESIDENT of the City Council a of Hermosa Beach, California ATTEST: a-�,� ��•�y CITY CLERK APPR AS CITY ATTORNEY p/perskid - 3 - day of of the City ACTIVITY lUENTIEICATIUN 1. Location • • 1 a. Address: City wide b. Legal: N/A �. Description Text amendment to allow day care facilities for more than 12 childern as a conditionally permitted use in all residential zones �. 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 im- plements 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 be- comes final, no comprehensive Enviromnental Impact Report is required for this project. FINDING OF ENVIRONMENTAL REVIEW COMMITTEE We have undertaken and completed an Environmental Impact Review of this pro- posed 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 meas- ures are included in the project, it would not have a significant effect on the environment. Documentation upport this finding is on file in the Planning Department. 12-5-91 Date of Finding airman, Environmental Review Committee FINDING OF THE PLANNING COMMISSION We have undertaken and completed an Environmental Impact Review of this pro- ject in accordance with Resolution 89-5229 of the City Council of Hermosa Beach, and find that this project does not require a comprehensive Environ- mental Impact Report because, provided the attached mitigation measures are included in the -project, it would not have a significant effect on the en- vironment. Documentation supporting this finding is on file in the Plann- ing Department. ' •Date of Finding Chairman, Planning Commission FINDING OF THE CITY COUNCIL We have undertaken and completed an environmental Impact Review of this pro- posed project in accordance with Resolution 89-5229 of the City Council of loHermosa Beach, and find this project does not require a comprehensive En- vironmental Impact Report because, provided the attached mitigation meas- ures are included in the project, it would not have a significant effect on the environment. Documentation supporting this finding is on file in the Planning Department. FE-agoafi w i, � l 99_z -Date of Filndi6a Mayor, Hermosa Beach 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. 92-1064 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 February, 1992, and was published in the Easy Reader on February 20, 1992. The vote was as follows: • AYES: Benz, Essertier, Mayor Midstokke NOES: Edgerton, Wiemans ABSENT: None ABSTAIN: None DATED: February 20, 1992 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 .....viUenY ................... in the City of ..... tk]�RKQ,SA„P1�hCH,,,,,,,, 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...?/21, 19:? , 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: 2/20 ..................................................... all in the year 19.92.. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at..HERMOSA BEACH ..................... I...... California,this.2pth.. ayof.FEB.., 1992. .1.� ..........IVY ............ Signature Free cooles of this blank form may be secured from: CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House P.O. Box 31 Los Angeles, CA 90053 Telephone 625-2541 Please request GENERAL Proof of Publication whon ordering this forfn. This space is for the County Clerk's Filing Stamp Pr lof of Publication of ........................................................... The following minimum conditions and standards, in addition to any . other deemed necessary orappropri- ate to ensure compatibility with exist- ing or future permitted uses in the vicinity, shall be required: (1) A minimum of one parking space for every seven (7) children. CITY OF HERMOSA BEACH (2) In residential zones, onlyprop- ORDINANCE NO. 92-1064 erty adjacent to commercially zoned AN ORDINANCE OF THE CITY OF property or property developed with a HERMOSA BEACH, CALIFORNIA, church or school facility shall be con - TO AMEND THE ZONING sidered for a day nursery, preschool, ORDINANCE TEXT TO ALLOW or child care facility with thirteen (13) DAY NURSERIES, or more children. PRESCHOOLS, AND AFTER (3) Adequate space for loading SCHOOL CHILD CARE and unloading children shall be avail - FACILITIES WITH THIRTEEN (13) able or shall be provided on the site. OR MORE CHILDREN AS A (4) Residential use of a day nurs- CONDITIONALLY PERMITTED ery, preschool, or child care facility USE IN THE R-1 ZONE, AND with thirteen (13) or more children AMENDMENT TO ARTICLE 10 OF shall be prohibited. THE ZONING ORDINANCE TO (5) All day care centers shall com- ESTABLISH STANDARDS FOR ply with state statutes and shall be GRANTING CONDITIONAL USE licensed by the state. PERMITS FOR SUCH FACILITIES SECTION 3. This ordinance shall AND ADOPTION OF AN become effective and be in full force ENVIRONMENTAL NEGATIVE and effect from and after thirty (30) DECLARATION. days of its final passage and adop- WHEREAS, the City Council held tion. a public hearing on January 21,1992, SECTION 4. Prior to the expira- to consider the recommendation of tion of fifteen (15) days after the date the Planning Commission to amend of its adoption, the City Clerk shall the zoning ordinance and made the cause this ordinance to be published following Findings: in the Easy Reader/Redondo Beach A. Opportunities for opening child Hometown News, a weekly newspa- day care or preschool facilities of per of general circulation published thirteen (13) or more children are and circulated in the City of Hermosa limited only to the commercial zones; Beach, in the manner provided by B. In certain circumstances, there law. may be appropriate locations in resi- SECTION 5. The City Clerk shall dential zones for allowing such uses; certify to the passage and adoption of C. The proposed text amendment this ordinance, shall enter the same is consistent with the General Plan; in the book of original ordinances of D. An environmental assessment said city, and shall make minutes of has been conducted by the Staff the passage and adoption thereof in Environmental Review Committee the records of the proceedings of the and it was determined that this teat City Council at which the same is amendment qualifies for a negative passed and adopted. declaration; PASSED, APPROVED AND NOW, THEREFORE, the City ADOPTED this 11 th day of February, Council of the City of Hermosa Beach, 1992, by the following vote: California, does hereby ordain that AYES: Benz, Essertier, Mayor 'he zoning ordinance text be amended Midstokke to allow day nurseries, preschools, NOES: Edgerton, Wiemans and after schoolchild care for thirteen ABSTAIN: None ABSENT. None (13) or more children as a permitted KATHLEEN MIDSTOKKE use in the R-1 zone, as follows: PRESIDENT of the City Council SECTION 1. Amend Section 4-2. and MAYOR of the City of Permitted Uses, byadding the follow- Hermosa Beach, California ing subsection (10): ATTEST: °(10) Day Nursery, Preschool, Elaine Doerfling, City Clerk and/or after school child care with APPROVED AS TO FORM: thirteen (13) or more children, condi- Edward W. Lee, City Attorney tional use permit required subject to' Section 10-9.1.° ER 2/20/92 HBL-529 'SECTION 2. Add the following section: Section 10-9.1. Day Nursery, Preschools, and After School Child Care with thirteen (13) or more chil- dren. • • • • 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. 92-1065 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE HERMOSA BEACH MUNICIPAL CODE WITH RESPECT TO PENALTIES FOR DELINQUENCIES AND BUSINESS LICENSE TAXES. THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 17-20 and 17-20.1 of the Hermosa Beach Municipal Code are hereby amended to read as follows: "Section 7-20. Penalty for Delinquencies. To every license tax mentioned or provided for in this chapter remaining unpaid following its date of expiration, there shall be added a penalty of ten (10) percent of the amount of such tax, and an additional five (5) percent penalty shall be added each thirty (30) days thereafter until paid, not to exceed a maximum of seventy (70) percent per twelve (12) month period or one thousand dollars ($1000.00) whichever is less. Said penalty shall be collected and the payment thereof shall be enforced in the same manner as other taxes are collected and the payment thereof enforced. • 0 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 Section 17-20.1. Penalty for commencement of business without license. Any person who carries on any business without first having obtained a license therefor shall pay a penalty of ten (10) percent of the prescribed license tax, and an additional five (5) percent penalty shall be added each thirty (30) days thereafter until paid, not to exceed seventy (70) percent per twelve (12) month period or one thousand dollars ($1,000.00) whichever is less. Said penalty shall be collected and the payment hereof shall be enforced in the same manner as other license taxes are collected and payment thereof enforced!' 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. 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 • 2 • 3 41 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 10th day of March, 1992. �J President of the City Council and Mayor of the City of Hermosa Beach, California ATTEST: City Clerk APPROVED AS TO FORM: (L4'&.f pea.1Q , 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. 92-1065 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, 1992, and was published in the Easy Reader on March 19, 1992. The vote was as follows: • AYES: Benz, Edgerton, Essertier, Wiemans, Mayor Midstokke NOES: None ABSENT: None ABSTAIN: None DATED: March 191 1992 Deputy City Clerk • PROOF OF PUBLICATION (2015.5 C. C. P.) is 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 .... YiUnY ................... in the City of ..... W�RKQSA„P CH......,, 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...?/21, 19 Case Number SWC..22940.; thatthenotice, 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' 3/19 ...... ......................................... all in the year 19.92.. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at.HERMOSA BEACH ................ California, this...19th ....... y of.1'�R... 19 9?„ 72.1 �L'.. , ......, ...... // Signature l/ Fro* copra of this blank form may be secured from; CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House P.O. Box 31 Los Angeles, CA 90053 Telephone 625-2541 Ptsase request GENERAL Proof of Publication when nr,forino this form. This space is for the County Clerk's Filing Stamp Pro�'of of Publication of 0 6 ,5_� Aelf Paste Clipping of Notice SECURELY In This Space CITY OF HERMOSA BEACH ORDINANCE NO. 92-1065 AN ORDINANCE OPTHE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE HERMOSA BEACH MUNICIPAL CODE WITH RESPECT TO PENALTIES FOR DELINQUENCIES AND BUSINESS LICENSE TAXES. THECITYCOUNCiLOF THECITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 17-20 and 17- 20.1 of the Hermosa Beach Munici- pal Code are hereby amended to read as follows: "Section 7-20. Penalty for Delin. quencies. To every license tax mentioned or d provided for In this chapter remaining unpaid following its date of expira- tion, there shall be added a penalty of ten (10) percent of the amount of such tax and an additional five (5) percent penalty shall be added each thirty (30) days thereafter until pall, not to exceed a maximum of seventy (70) percent per twelve (12) month period or one thousand dollars ($1000.00) whichever Is less. Said penalty shall be collected and the payment thereof shall be enforced In the same manner as other taxes are collected and the payment thereof enforced: Section 17-20.1. Penalty for commencement of business with. out license. Any person who carries on any business withoutfirst having obtained a license therefor shall pay a penalty of ten (10) percent of the prescribed license tax, and an additional five (5) percent penalty shall be added each thirty (30) days thereafter until paid, not to exceed seventy (70) percent per twelve (12) month period or one thousand dollars ($1000.00) which. Mr is less. Said penalty shall be collected and the payment hereof shall be enforced in the same manner as other license taxes are collected and payment thereof enforced.” 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. The City Clerk shell certifytothe 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 PASSED. APPROVED AND ADOPTED this 70th day of March, 1992. KATHLEEN MIDSTOKKE 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, City Attorney, The vote was: AYES: Benz, Edgerton, Essertier, Wiemans, Mayor Midstokke NOES: None ABSTAIN: None ABSENT: None ER 3-19-92 HBL-530 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. 92 - 1066 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE MUNICIPAL CODE BY ADDING MOBILE SOURCE AIR POLLUTION REDUCTION ORDINANCE Whereas, the City Council held a meeting on March 24, 1992 and made the following findings; A. The City is committed to improving the public health, safety and welfare, including air quality; B. Mobile sources are a major contributor to air pollution in the South Coast Air Basin; C. Air quality goals for the region established by state law cannot be met without reducing air pollution from mobile sources; D. The South Coast Air Quality Management Plan (AQMP) calls up cities and counties to reduce emissions from motor vehicl consistent with the requirements of the California Clean Ai Act of 1988 by developing and implementing mobile source ai pollution reduction programs; E. Such programs place demands upon the City's funds, those programs should be financed by shifting the responsibility for financing from the general fund to the motor vehicles creating the demand, to the greatest extent possible; F. Section 44223, added to the Health and Safety Code by actior of the California Legislature on September 30, 1990 (Chapter 90-1705), authorizes the South Coast Air Quality Management District (SCAQMD) to impose an additional motor vehiclE registration fee of two dollars ($2), commencing on April 1, 1991, increasing to four dollars ($4), commencing on April 1, 1992, to finance the implementation of transportatior - 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 measures embodied in the AQMP and provisions of the California Clean Air Act; G. Forty cents of every dollar collected under Section 44223 of the Health and Safety Code shall be distributed to cities and counties located in the South Coast Air Quality Management District that comply with Section 44243 of the code, based on the jurisdictions' prorated share of population as defined by the State Department of Finance; H. The City is located within the South Coast Air Quality Management District and is eligible to receive a portion of the revenues from the additional motor vehicle registration fees contingent upon adoption of this ordinance; I. The prorated share of the fee revenues for cities that fail to adopt an ordinance pursuant to Section 44243(b)(3) of the Health and Safety Code shall be distributed instead to the jurisdictions within the District that have adopted ar. ordinance; NOW, THEREFORE, the City of Hermosa Beach, California, doe hereby ordain amending the Hermosa Beach Municipal Code by addin the following: SECTION 1. Chapter 2 Article XII. Mobile Source Air Pollutio Reduction Program and Fund. Sec. 2-140 Intent. This ordinance is intended to support the SCAQMD' imposition of the vehicle registration fee and t bring the City into compliance with the requirement set forth in section 44243 of the Health and Safet Code in order to receive fee revenues for the purpos of implementing programs to reduce air pollution fro motor vehicles. Sec. 2-141 Definitions. As applied in this ordinance, the following words terms shall be defined as follows: - 2 - �J 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 (1) "City" shall mean the City of Hermosa Beach. (2) "Mobile source air pollution reduction programs" shall mean any program or project implemented by the City to reduce air pollution from motor vehicles which it determines will be consistent with the California Clean Air Act of 1988 or the plan proposed pursuant to Article 5 (commencing with Section 40460) of Chapter 5.5 of Part 3 of the California Health and Safety Code. (3) "Fee Administrator" shall mean the Finance Director of the City or his designee. Sec. 2-142 Administration of Vehicle Registration Fee (1) Receipt of Fee: The additional vehicle registration fees disbursed by the SCAQMD and remitted to the City, pursuant to this ordinance, shall be accepted by the Fee Administrator. (2) Establishment of Air Quality Improvement Trust Fund: The Fee Administrator shall establish a separate interest-bearing trust fund account in a financial institution authorized to receive deposits of City funds. (3) Transfer of Funds: Upon receipt of vehicle registration fees, the Fee Administrator shall deposit such funds into the separate account established pursuant to Subsection (2) above. All interest earned by the Trust Fund Account shall be credited only to that account. (4) Expenditure of Air Quality Trust Fund Revenues. All revenues received from the SCAQMD anc deposited in the Trust Fund Account shall be exclusively expended on mobile source emissior reduction programs as defined in Subsectior 2-141(2) above. Such revenues and any interest earned on the revenues shall be expended withir one (1) year of the completion of the programs. (5) Audits: The City consents to an audit of al programs and projects funded by vehicl registration fee revenues received from th SCAQMD pursuant to Section 44223 of the Healt and Safety code. The audit shall be conducte by an independent auditor selected by the SCAQM as provided in Sections 44244 and 44244.1(a) o the Health and Safety Code. - 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 Sec. 2-143 Legal Construction. The provisions of this ordinance shall be construed as necessary to effectively carry out its purposes, which are hereby found and declared to be in furtherance of the public health, safety, welfare and convenience. Sec. 2-144 Severability. Should any sentence, section, clause, part or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof, other than the part declared to be invalid. 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. The City Council shall designate the City Attorney t prepare a summary of this ordinance to be publishe pursuant to Government Code Section 36933(c) (1) i lieu of the full text of said ordinance. Prior t the expiration of fifteen (15) days after the date o its adoption, the City Clerk shall cause the summar to be published in the Easy Reader, a weekl newspaper of general circulation, published an circulated in the City of Hermosa Beach. SECTION 4. The City Clerk shall certify to the passage anc adoption of this ordinance, shall enter the same it the book of original ordinances of said city, anc shall make minutes of the passage and adoption thereof in the records of the proceedings of the Cit} Council at which the same is passed and adopted. PASSED, APPROVED, and ADOPTED this 31st day of March 1992, by following vote: AYES: Benz,Edgerton, Essertier, Wiemans. NOES: Mayor Midstokke ABSTAIN:None ABSENT: None PRESIDENT of the City Council Hermosa Beach, California and MAYOR of the City of ATTEST: APPROVED AS TO FORM: � n ITY CLERK CITY ATTORN - 4 - p/ccoraqmd • • 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. 92-1066 was duly and regularly passed, approved and adopted by the City Council of the City of Hermosa Beach at a noticed meeting held at the regular meeting place thereof on the 31st day of March, 1992, and was published in the Easy Reader on April 09, 1992. The vote was as follows: • AYES: Benz, Edgerton, Essertier, Wiemans NOES: Mayor Midstokke ABSENT: None ABSTAIN: None DATED: April 09, 1992 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 ...................0................ 4............... ...................................................... a newspaper of general circulation, printed and published ...WEEKLY ..................... In the City of ... HERMOSA. BEACH....,..., County of Los Angeles, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of ...9.../ 19 72, SWC 22940 Case Number ................; 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: ............... ................................... all in the year 19.. 9 2 I certify (or declare) under penalty of perjury that the foregoing Is true and correct. Oated at .... HERMOSA . BEACH ............... California. this... 9th dayof...MR, 1992,. Signature fcree <o�ies et tais Manic form �i+v sie �eeiir�e from: CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House P.O. Box 31 Los Ang"s. CA 90053 Telephone 625.254 Pie*"r"westOGNISRAL Preetat PuMi<atien wifecc 6"Oriei9 this farm. This space is for the County Cleric's Filing Stamp Pr f of ' Publication of ........................................................ Paste Clipping of Notice SECURELY in This Space r� _ • • 11 • CITY OF HERMOSA BEACH ORDINANCE NO. 92-1066 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE MUNICIPAL CODE BY ADDING MOBILE SOURCE AIR POLLUTION REDUCTION ORDINANCE WHEREAS, the City Council held a meeting on March 24, 1992, and made the following findings: A. The City is committed to im- proving the public health, safely and welfare, including air quality; B. Mobile sources are a major conlribulorto air pollution in the South Coast Air Basin; C. Air quality goals for the region established by stale law cannot be mel without reducing air pollution from mobile sources; D. The South Coast Air Quality Management Plan (AQMP) calls upon cities and counties to reduce emis- sions from molorvehicles consis!enl with the requirements of the Califor- nia Clean Air Act of 1988 by develop- ing and implementing mobile source air pollution; reduction programs; E. Such'programs place demands upon the City's funds, those programs should tie financed by shifting the respopsibility for financing. from the gen fal fund to the motor vehicles creating the demand, to the greatest exfenl possible; j F. Section 44223, added to the 'Health and Safely Code by action of the California Legislature on Sep- tember 30, 1990 (Chapter 90-1705), authorizes the South Coast Air Qual- ity Management District (SCAQMD) to impose an additional motor vehicle registration fee of two dollars ($2), commencing on April 1, 1991, in- creasing to four dollars ($4), com- mencing on April 1,1992, to finance the implementation of transportation measures embodied in the AOMP and provisions of the California Clean Air Act; G. Forty cents of every dollar cot- lecled`under Section 44223 of the Health and Safety Code shall be dis- tributed to cities and counties located in the South Coast Air Quality Man- agement District that comply with Section 44243 of the code, based on the jurisdictions' prorated share -of pulalion as definedbythe State pamnem of Finance; H. The City is located within the uth Coast Air Quality Management lrict and is eligible to receive a p rtionofthe revenues from the addi- li nal motor vehicle registration fees c lingent upon adoption of this ordi- n ce, I. The prorated share of the fee revenues for cities that fail to adopt an ordinance pursuant to Section 44243 (b) (3) of the Health and Safety Code shall be distributed instead to the jurisdictions. within the District that have adopted an ordinance; NOW, THEREFORE, the City of Hermosa Beach, California, does hereby ordain amending the Hermosa Beach Municipal Code by adding the following: SECTION 1. Chapler2 Article XII, Mobile Source Air Pollution Reduc- tion Program and Fund. Sec. 2-140. Intent. This ordinance is intended to sup- port the SCAQMD's imposition of the vehicle registration fee and to bring the City into compliance with the re- quirements set forth in Section 44243 of the Health and Safety Code in order to receive fee revenues for the purpose of implementing programs to reduce air pollution from motor ___vehicles. Sec. 2-141. Definitions. As applied in this ordinance, the following words and terms shall be defined as follows: (1) 'City' shall mean the City of Hermosa Beach. (2) 'Mobile source air pollution reduction programs" shall mean any program or project implemented by the City to reduce air pollution from motor vehicles which it determines will be consistent with the California Clean Air Act of 1988 or the plan proposed pursuant to Article 5 (com- mencing with Section40460) of Chap- ter 5.5 of Part 3 of the California Health and Safety Code. (3)"Fee Administrator' shall mean the Finance Director of the City or his designee. Sec. 2-142. Administration of Vehicle Registration Fee (1) Receipt of Fee: The additional vehicle registration fees disbursed by the SCAQMD and remitted to the City, pursuant to this ordinance, shall be accepted by the Fee Administra- tor. (2) Establishment of Air Quality Improvement Trust Fund: The Fee Administrator shall establish a sepa- rate interest-bearing trust fund ac- count in financial institution aulho- rized to receive deposits of Cityfunds. (3) Transfer of Funds: Upon re- ceipt of vehicle registration fees, the Fee Administrator shall deposit such funds into the separate account es- tablished pursuant to Subsection (2) above. All interest earned by the Trust Fund Account shall be credited only tothataccount. (4) Expenditure of Air Quality Trust Fund Revenues: All revenues received from the SCAQMD'and de- posited in the Trust Fund Account shall be exclusively expended on mobile source emission reduction programs as defined in Subsection 2- 141 (2) above, Such revenues and any interest earned on the revenues shall be expended within one (1) year of the completion of the programs. (5) Audits: The City consents to an audit of all programs and projects funded by vehicle registration fee revenues received from the SCAOMD pursuant to Section 44223 of the Health and Safety Code. The audit shall be conducted by an indepen- dent auditor selected by the SCAQMD as provided in Sections 44244 and 44244.1 (a) of the Health and Safety Code. Sec. 2-143. Legal Construction. The provisions of this ordinance shall be construed as necessary to effectively carry out its purposes, which are hereby found and declared to be in furtherance of the public health, safely, welfare and conve- nience. Sec. 2-144. Severability. Should any sentence, section, clause, part or provision of this ordi- nance be declared by a court of com- petent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof, other than the part declared to be invalid. 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. The City Council shall designate the City Attorney to prepare a summary of this ordinance to be published pursuanttoGovern- ment Code Section 36933 (c) (1) in lieu of the full text of said ordinance. Prior to the expiration of fifteen days after the date of its adoption, the City Clerk shall cause the summary to be published in the Easy Reader, Re- dondo Beach Hometown News, a weekly newspaper of general circula- tion published and circulated in the City of Hermosa Beach. SECTION 4. The City Clerk shall certify to the passage and adoption of this 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 31st day of March, 1992, by the following vole: AYES: Benz, Edgerton, Essertier, Wiemans. NOES: Mayor Midslokke ABSTAIN: None ABSENT: None KATHLEEN MIDSTOKKE PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: Naoma Valdes, Deputy City Clerk APPROVED AS TO FORM: Charles S. Vose, City Attorney - ER 4.9-92 HBL-531 P.O. Box 427 M 832 Hermosa Ave, 0 Hermosa Beach, CA 0 90254-0427 ® (310) 372-4611 1j • 2 • 3 4 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 92-1067 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING MAP FROM OPEN SPACE TO R-2, TWO-FAMILY RESIDENTIAL, FOR THE PARCEL AT 598 FIRST STREET AS DESCRIBED BELOW AND SHOWN ON THE ATTACHED MAP AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION. WHEREAS, the City Council held a public hearings on April 14, and May 12 to consider the recommendation of the Planning Commission to approve the requested zone change on March 3, 1992, and made the following Findings: A. The subject parcel is appropriate for residential use as it is surrounded by residential uses and residentially zoned property; B. Changing the zoning to R-2 will make the property consistent with the General Plan designation of Medium Density Residential and will result in a potential density on the lot of 19 units per acre which is in the middle of the range identified for Medium Density of 14-25 units per acre; C. An environmental assessment has been conducted by the Staff Environmental Review Committee and the proposed zone change has been determined to qualify for a Negative Declaration; NOW, THEREFORE, the City of Hermosa Beach, California, does hereby ordain that the zoning map be amended as described as follows and as shown on the attached map, and adopts an environmental negative declaration: SECTION 1. Zone change from OS (Open Space), to R-2 (Two -Family Residential), the parcel at 598 First Street, and legally described as a portion of lot 42, Block 78, Second Addition to Hermosa Beach Tract. SECTION 2. This ordinance shall become effective and be in full force and effect from and after thirty (30) days of its final passage and adoption. - 1 - • 1 2 is 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 • 24 25 26 • 27 28 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 26th day of May 1992, by following vote: AYES: Benz, Edgerton, Wiemans, Mayor Essertier NOES: Midstokke ABSTAIN: None ABSENT: None PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY p/pers598 - 2 - • • • 0 • I-AlS I Uses co (ols4o.ift —ZL— 'N, As Zur���5 UunO-s 1 Vy,`1 —' Ygcan-i i unk-� 4unti5 SQ)ject Lot 0 0 Z —0 s _/ or o zzic a P � o n N a {- 1v�'111 h Q o c v / ;5Z9 2un1}4, 4i Q N� 4uhl�S a, Pt h '4Uh\�S � a a M' r h N T < t u n �� S s ti M Tsui S�/ v ,:rofz Kali _ co (ols4o.ift —ZL— 'N, As Zur���5 UunO-s 1 Vy,`1 —' Ygcan-i i unk-� 4unti5 SQ)ject Lot 0 0 Z —0 s _/ ACTIVITY IDEN'fir'iCATION 1. Location a. Address: 598 First St, NEGATIVE DECLARATION In accordance with Resolution 89-5229 of the City of Hermosa beach, which im- plements 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 be- comes final, no comprehensive Enviromnental Impact Report is required for this project. FINDING OF ENVIRONMENTAL REVIEW COMMITTEE We have undertaken and completed an Environmental Impact Review of this pro- posed 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 meas- ures are included in the project, it would not have a significant effect on the environment. Documentation supporting this finding is on file in the Planning Department. Dat of Finding C airman, Environments- Review Committee FINDING OF THE PLANNING COMMISSION We have undertaken and completed an Environmental Impact Review of this pro- ject in accordance with Resolution 89-5229 of the City Council of Hermosa Beach, and find that this project does not require a comprehensive Environ- mental Impact Report because, provided the attached mitigation measures are included in the project, it would not have a significant effect on the en- vironment. Documentation supporting this finding is on file in the Plann- ing Department. 41 Z -i- j�p-� P , • Dat of Finding Chairman, Planning Commission FINDING OF THE CITY COUNCIL We have undertaken and completed an environmental Impact Review of this pro- posed project in accordance with Resolution 89-5229 of the City Council of is Hermosa Beach, and find this project does not require a comprehensive En- vironmental Impact Report because, provided the attached mitigation meas- ures are included in the project, it would not have a significant effect on the environment. Documentation supporting this finding is on file in the Planning Department. ,-5�o / q Date of Findina Mayor, Hermosa Beach City Council b. Legal: Portion of Lot 42, Block 78, Second Addition fn Hermnsm Rrh �. Description Zone change from Opem Space (OS) to two-family residential (R-2) •3. Sponsor a. Name: Harry ec xelli b. Mailing Address: 752 22nd St San Pedro 90731 Phone: -110 R-19-�q97 NEGATIVE DECLARATION In accordance with Resolution 89-5229 of the City of Hermosa beach, which im- plements 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 be- comes final, no comprehensive Enviromnental Impact Report is required for this project. FINDING OF ENVIRONMENTAL REVIEW COMMITTEE We have undertaken and completed an Environmental Impact Review of this pro- posed 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 meas- ures are included in the project, it would not have a significant effect on the environment. Documentation supporting this finding is on file in the Planning Department. Dat of Finding C airman, Environments- Review Committee FINDING OF THE PLANNING COMMISSION We have undertaken and completed an Environmental Impact Review of this pro- ject in accordance with Resolution 89-5229 of the City Council of Hermosa Beach, and find that this project does not require a comprehensive Environ- mental Impact Report because, provided the attached mitigation measures are included in the project, it would not have a significant effect on the en- vironment. Documentation supporting this finding is on file in the Plann- ing Department. 41 Z -i- j�p-� P , • Dat of Finding Chairman, Planning Commission FINDING OF THE CITY COUNCIL We have undertaken and completed an environmental Impact Review of this pro- posed project in accordance with Resolution 89-5229 of the City Council of is Hermosa Beach, and find this project does not require a comprehensive En- vironmental Impact Report because, provided the attached mitigation meas- ures are included in the project, it would not have a significant effect on the environment. Documentation supporting this finding is on file in the Planning Department. ,-5�o / q Date of Findina Mayor, Hermosa Beach City Council • 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. 92-1067 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 May, 1992, and was published in the Easy Reader on June 04, 1992. The vote was as follows: is AYES: Benz, Edgerton, Wiemans, Mayor Essertier NOES: Midstokke ABSENT:. None ABSTAIN: None DATED: June 04, 1992 • • City lerk PROOF OF PUBLICATION (2015.5 C.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 1 am the principal clerk of the printer of the BEACH PEOPLE'S EASY READER .......................................,........... a newspaper of general circulation, printed and published .... WEEKLY ............. in the City of ,,,,,HERMOSA BEACH ................. County of Los Angeles, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court • of the County of Los Angeles, State of 1 72 California, under the date of,,,9��.. 19.... Case Number SWC..2,2940,; 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: 6/4 all in the year 19..2. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at..HERMOSA BEACH .............................. this........, of..TUNE, 19 9 California, y ..�. Signature • or" CDOtls of this bianit form may I" s"ur" from: CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House P.O. Box 31 Los Angeles, CA 90053 Telephone 625-254 01*asor"uest04NERAL Proof of Publication when orEarinq this form. This space is for the County Clerk's Filing Stamp Proof of Publication of CITY OF HERMOSA BEACH ...................................................... the passage and adoption thereof in the records of the proceedings of the +• ( City Council at which the same is o et passed and adopted. PASSED, APPROVED AND o r° ADOPTED this 26th day of May, 1991. CITY OF HERMOSA BEACH ORDINANCE NO. 92-1067 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING MAP FROM OPEN SPACE TO R-2, TWO-FAMILY RESIDENTIAL, FOR THE PARCEL AT 598 FIRST STREET AS DESCRIBED BELOW AND SHOWN ON THE ATTACHED MAP AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION. WHEREAS, the City Council held public hearings on April 14, and May 12 to consider the recommendation of the Planning Commission to ap- prove the requested zone change on March 3, 1992, and made the follow- ing Findings: A. The subject parcel is appropri- ate for residential use as it is sur- rounded by residential uses and resi- dentially zoned property; B. Changing the zoning to R-2 will make the property consistent with the General Plan designation of Medium Density Residential and will result in a potential density on the lot of 19 units per acre which is in the middle of the range identified for Medium Density of 14-25 units per acre; C. An environmental assessment has been conducted by the Staff Environmental Review Committee and the proposed zone change has been determined to quality fora Nega- tive Declaration; NOW. THEREFORE, the City of Hermosa Beach, California, does hereby ordain that the zoning map be amended as described as follows and as shown on the attached map, and adopts an environmental nega- tive declaration: SECTION 1. Zone change from OS (Open Space), to R-2 (Two -Fam- ily Residential), the parcel at 598 First Street, and legally described as a portion of lot 42, Block 78, Second Addition to Hermosa Beach Tract. 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 afterthe 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 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 ROBERT ESSERTIER 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, City Attorney VOTE:AYES Benz, Edgerton, Wiemans, Mayor Essertier NOES: Midstokke ABSENT: None ABSTAIN: None ER 6.4-92 HBL-535 • • • • 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. 92-1068 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE HERMOSA BEACH MUNICIPAL CODE WITH RESPECT TO COUNCIL CORRESPONDENCE; AVAILABILITY TO THE PUBLIC THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 2-2.5 of the Hermosa Beach Municipal Code, with respect to Council correspondence; availability to the public, is hereby repealed. Section 2. This ordinance shall become effective and be in full force and effect from and after thirty (30) days of its final passage and adoption. Section 3. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of general circulation published and circulated in the City of Hermosa Beach, in the manner provided by law. Section 4. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of said city, and shall make 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 May, 1992. ATTEST: City Clerk Q't� President of the City Council and Mayor of the City of Hermosa Beach, California APPR DD S TO FO Ci torney • 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. 92-1068 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 May, 1992, and was published in the Easy Reader on June 04, 1992. The vote was as follows: • AYES: Benz, Edgerton, Midstokke, Wiemans, Mayor Essertier NOES: None ABSENT: None ABSTAIN: None DATED: June 04, 1992 L • City Vlerk PROOF OF PUBLICATION ( 2015.5 C. C. P.) • kATE OF CALIFORNIA, unty of Los Angeles, I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter I am the principal clerk of the printer of the ,.BEACH PEOPLE'S EASY READER ...........................................,.. a newspaper of general circulation, printed and published ,,,, WEEKLY .. in the City of ,,,,,HERMOSA . BEACH .. County of Los Angeles, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court • of the County of Los Angeles, State of California, under the date of,,.9�21, 19 72, Case Number SWC..2.29 40.; 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: 6/4 all in the year 19. 22 . I certify (or declare) under penalty of perjury that the foregoing is true and correct Oated at..HERMOSA BEACH .. .. California, this, 4th ... ,d y af.JUNE, 19 .9.2.. • Pr" co**s of this blank form may oe socurod from: CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House P.O. Box 31 Los Angeles, CA 90053 Telephone 625-2541 Pleasor"westOXNERAL Proof of Publication when Growing this form. This space is for the County Clerk's Filing Stamp Proof of Publication of CITY OF HERMOSA BEACH i ....................... o 2�,e I (JJ CITY OF HERMOSA BEACH ORDINANCE NO. 92-1068 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE HERMOSA BEACH MUNICIPAL CODE WITH RESPECT TO COUNCIL CORRESPONDENCE; AVAILABILITY TO THE PUBLIC. The City Council of the City of Hermosa Beach, California, does hereby ordain as follows: SECTION 1. Section 2-2.5 of the Hermosa Beach Municipal Code, with respect to Council correspondence; availability to the, public, is hereby repealed. SECTION 2. This ordinance shall become effective and be in full force and effect from and after thirty (30) days of its final passage and 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- paper 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 26th day of May, 1991. ROBERT ESSERTIER PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: Elaine Doerfling, City Clerk APPROVED AS TO FORM: Edward W. Lee, City Attorney VOTE:AYES Benz, Edgerton, Midstokke, Wiemans, Mayor Essertier NOES: None ABSENT: None ABSTAIN: None ER 6-4-92 HBL-536 • 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. 92- 1069 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 7, ARTICLES I, II, III, IV, AND CHAPTER 24 OF THE CITY CODE RELATING TO BUILDING AND PLUMBING REGULATIONS AND ADOPTING WITH CERTAIN ADDITIONS, DELETIONS AND AMENDMENTS, WHICH ARE SET FORTH HEREIN, THE RULES, REGULATIONS, PROVISIONS AND CONDITIONS SET FORTH IN THOSE CERTAIN CODES ENTITLED, "UNIFORM BUILDING CODE, 1991 EDITION", "UNIFORM BUILDING CODE STANDARDS, 1991 EDITION", "UNIFORM HOUSING CODE, 1991 EDITION", AND "UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1991 EDITION", PROMULGATED AND PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS AND THE "UNIFORM PLUMBING CODE, 1991 EDITION" AND "UNIFORM MECHANICAL CODE, 1991 EDITION" PROMULGATED AND PUBLISHED JOINTLY BY THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS AND THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS. WHEREAS, the 1991 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, it has been determined that local climatic con- ditions and congestion require amendments to further promote fire safety by eliminating combustible roofing and expanding the requirements for automatic fire -extinguishing systems. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That Chapter 7, Article I of the City Code of the City of Hermosa Beach is hereby amended to read as follows: "Section 7-1. Adoption of Uniform Building Code and Standards. Pursuant to the provisions of the Government Code of the State of California, those certain codes designated as the "Uniform - 1 - • ii U rI 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 Building Code, 1991 Edition" including appendix excepting Chapters 7, 12 div. 1, 23, 24, 25, 26 and 53 of said appendix and the "Uniform Building Code Standards, 1991 Edition" 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, are 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 codes shall comprise the building code for the City of Hermosa Beach. 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 Building and Safety of the City of Hermosa Beach." SECTION 2. follows: That Section 7-1.1. is hereby amended to read as "Section 7-1.1. Board of Appeals Section 204 of said building code is hereby amended to read as follows: Section 204. (a) General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a Board of Appeals consisting of five (5) members who are qualified by experience and training to pass upon matters pertaining to building - 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 construction and who are not employees of the jurisdiction. The building official shall be an ex officio member of and shall act as secretary to said board but shall have no vote upon any matter before the board. The Board of Appeals shall be appointed by the governing body and shall hold office at its pleasure. The governing 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. (b) Limitations of Authority. The Board of Appeals shall have no authority relative to interpretation of the administra- tive provisions of this code nor shall the Board be empowered to waive requirements of this code. (c) 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 - 3 - • 1 2 0 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 • 24 25 26 • 27 28 investigation and in making its findings and decisions". SECTION 3. That Section 7-1.2. is hereby amended to read as follows: "Section 7-1.2. violations. Section 205 of said building code is hereby amended to read as follows: Section 205. It shall be unlawful for any person, firm or cor- poration 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. 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." SECTION 4. follows: That Section 7-1.3. is hereby amended to read as "Section 7-1.3. Fees. Section 304 of said building code is hereby amended to read as follows: Sec. 304. (a) General. Fees shall be assessed in accordance with the provisions of this section. - 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 (b) Permit Fees. The fee for each permit shall be as set forth in the latest resolution adopted by the City Council. The determination of value or valuation under any of the provisions of this code shall be made by the building official. 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. (c) Plan Review Fees. 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 fee shall be 65 percent of the building permit fee. The plan review fees specified in this subsection are separate fees from the building permit fees specified in Section 304 (a) and are in addition to said 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 adopted resolution. (d) Expiration of Plan Review. Applications for which no permit is issued within 180 days following the date of applica- tion shall expire by limitation, and plans and other data sub- mitted for review may thereafter be returned to the applicant or destroyed by the building official. The building official may - 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 extend the time for action by the applicant for a period not exceeding 180 days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. (e) Fee Refunds. 1. The building official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected. 2. The building official may authorize the refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. 3. The building official may authorize the refunding of not more than 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 cancelled before any plan reviewing is done. The building official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment. (f) Special Inspections For Change of Occupancy or Tenancy. (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 require- • 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 ments 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. (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 Building and Fire Departments. 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. (3) Before any commercial or industrial building or structure may be occupied, there shall be approval from the Building and Fire Departments. (4) The Building and Fire Departments shall advise the owner or tenant of those alterations necessary to make the building comply, or, if none, approval shall be given. (5) The building official 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. (6) Before any inspections will be made by the Building or Fire Departments for such change of occupancy or tenancy, there - 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 shall be paid to the Building 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". SECTION S. follows: That Section 7-1.8. is hereby amended to read as "Section 7-1.8. Moving Buildings. Section 302 of said building code is hereby amended by adding thereto the following subsection (e) to read as follows: (e) Moving Buildings. To obtain a permit to move a building into the City or to move any building or structure from one location within the City to another, the applicant shall, in addition to the information required in sub- sections, (a), (b), (c) and (d) hereof, furnish the following information: (1) The age of the building, which shall be verified by by Building Department in the City in which said building was erected. (2) Provide a plot plan, which shall include precise new location of building in relation to property lines. (3) Submit a floor plan of all floors of said building. Plan shall be drawn to scale of one-eighth inch or one-quarter inch equals one foot. - 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 (4) Furnish a sketch or plan showing the size and general design of the building. (5) Submit four (4) photographs, eight (8) inches by ten (10) inches in size, showing the front, rear and side views of the building, and three (3) photographs of the front and side views of the proposed location. After the applicant has filed such application, the building official of the City shall inspect said building for all necessary requirements and for the purpose of ascertaining whether structurally the same complies with this code, and having made such inspection, the building official shall make findings showing the result of such inspection and refer the same, together with the written application, sketches and photographs, to the Planning Commission of the City. The applicant shall then pay to the Planning Commission a review fee of one hundred dollars ($100.00). The Planning Commission shall hold hearings notice of which to be given to the applicant and to other interested persons in the neighborhood of the proposed location, such notice to be in form and at such time as deemed reasonable to the Planning Commission. After the hearing and within 10 days, the Planning Commission shall make its recommendations to the building official of the City, as to whether or not a permit shall be granted, and if the Planning Commission recommends that a permit be granted, then the building official shall file with the City Council the findings of the Planning Commission and all pertinent information relating to said application within 30 days of receipt of the • 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 Planning Commission's recommendation for Council's final approval. After final approval from the City Council, the building official shall require the applicant to file with the building official a bond equal to the amount of the estimated cost of placing such building on a foundation as required by this code, and preparing, altering or improving such structure to meet the requirements of this code and the recommendations of the Planning Commission and the City Council. Such bond may be a cash bond in said amount of estimated cost or a surety bond, but, if a surety bond, it shall be in double the amount of the estimated cost, and the sureties thereon shall appear before the building official and satisfy him as to their financial worth and ability to pay to the City the amount of the surety bond in the event it is necessary for the City to bring action thereon. Such bonds shall be payable to the City and shall be conditioned upon the construction and completion of the structure in compliance with this code and the requirements of the Planning Commission and the City Council, and for the payment of materialmen and laborers, furnishing material and laborers for the rebuilding or completion of the structure, with foundation, as required by this code and the recommendations of the Planning Commission and the City Council." SECTION 6. follows: That Section 7-1.9. is hereby amended to read as "Section 7-1.9. Roof Covering Requirements Section 3203 of said building code is hereby amended to read as - 10 - • 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 follows: Section 3203. The roof covering on any structure regulated by this code shall be as specified in Table No. 32-A and as class- ified in Section 3204, 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." SECTION 7. That Section 7-1.10. shall be amended to read as follows: "Section 3404 of said building code is hereby amended to read as follows: Section 3404. All skylight frames shall be constructed of non- combustible materials. Skylights, the glazing of which is set at an angle of less than 45 degrees from the horizontal, shall be mounted at least 4 inches above the plane of the roof on a curb constructed as required for the type of construction. SECTION 8. That Section 7.1.11. is hereby amended to read as follows: "Section 7.1.11. Fire Extinguishing Systems. Section 3802 (c) 1 of said building code is hereby amended to read as follows: (c) Group A Occupancies. 1. Drinking Establishments. An automatic sprinkler system shall be installed in rooms used • E 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 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 3,500 square feet. For uses to be considered as separated, the separation shall not be less than as required for a one-hour occupancy separation. The area of other uses shall be included unless separated by at least a one-hour separation. Section 3802 (c) 3 of said building code is hereby amended to read as follows: 3. Exhibition and Display Rooms. An automatic sprinkler system shall be installed in Group A Occupancies which have more than 3,500 square feet of floor area which can be used for exhibition or display purposes. Section 3802 (d) of said building code is hereby amended to read as follows: (d) Group B, Division 2 Occupancies. An automatic sprinkler system shall be installed in retail sales rooms classed as Group B, Division 2 Occupancies where the floor area exceeds 3,500 square feet on any floor or 5,000 square feet on all floors or in Group B, Division 2 retail sales occupancies more than one story in height. The area of mezzanines shall be included in determining the areas where sprinklers are required. Section 3802 (h) of said building code is hereby amended to read as follows: - 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 (h) Group R, Division 1 Occupancies. An automatic sprinkler system shall be installed throughout every apartment house three or more stories in height or where the floor area exceeds 5,000 square feet, and every hotel three or more stories in height or where the floor area exceeds 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. 38-A - Standpipe Requirements of said building code is hereby amended to substitute the term 113 stories" wherever the term 114 stories" appears in said table. SECTION 9. That Section 7.1.12. is hereby amended to read as follows: "Section 7.1.12. Fire Alarm Systems. The first paragraph of Section 1211 shall be amended to read as follows: Section 1211. A manual and automatic approved fire alarm system shall be installed in apartment houses that are three or more stories in height or contain more than 15 dwelling units and in hotels three or more stories in height or containing 20 or more guest rooms, in accordance with the Fire Code. For the purposes of this section, lofts or mezzanines shall be considered as stories." SECTION 10. That Section 7-2. is hereby amended to read as follows: - 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 "Section 7-2. Adoption of Uniform Housing Code. "That certain code designated as the "Uniform Housing Code, 1991 Edition," published by the International Conference of Building Officials, one copy of which is on file in the office of the City Clerk for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions and deletions set forth in this chapter, and said code shall be known as the Housing Code of this City. Whenever the term "jurisdiction" appears in said code it shall mean and refer to the City of Hermosa Beach, Whenever the term "building official" appears in said code, it shall mean and refer to the Director of Building and Safety of the City of Hermosa Beach." SECTION 11. follows: "Section 7-3. That Section 7-3. is hereby amended to read as Adoption of Uniform Code for the Abatement of Dangerous Buildings. "That certain code designated as the "Uniform Code for the Abate- ment of Dangerous Buildings, 1991 Edition," 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 chapter as though set forth in this chapter in full, subject, however, to the amendments, additions and deletions set forth in this chapter, and said code shall be known as the - 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 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 Building and Safety of the City of Hermosa Beach." SECTION 12. follows: That Section 7-3.1. is hereby amended to read as "Section 7-3.1. Board of Appeals Section 205. of the Uniform Code for the Abatement of Dangerous Buildings is hereby amended to read as follows: Section 205. (a) 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 building construction and who are not employees of the jurisdiction. Said board shall be the same Board of Appeals specified in Section 204 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 - 15 - • 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 shall render all decisions and findings in writing to the appellant, with a duplicate copy to the building official. Appeals to the board shall be processed in accordance with the provisions contained in Section 1201 of this code. Copies of all rules or regulations adopted by the board shall be delivered to the building official, who shall make them freely accessible to the public. (b) 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." SECTION 13. That Section 7-4. is hereby amended to read as follows: "Section 7-4. Adoption of Uniform Mechanical Code. That certain code designated as the "Uniform Mechanical Code, 1991 Edition," including "Appendices A, B and C" contained therein, published jointly by the International Association of Plumbing and Mechanical Officials and 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 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 Mechanical Code of the City of Hermosa Beach. - 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 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 Building and Safety of the City of Hermosa Beach." SECTION 14. That Section 7-4.1. is hereby amended to read as follows: "Section 203. of said mechanical code is hereby amended to read as follows: Section 203. (a) 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 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 204 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. - 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 (b) 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." SECTION 15. That Section 7-4.3. is hereby amended to read as follows: "Section 7-4.3. Mechanical Permit Fees. Sections 304(b) and 304(c) of said mechanical code are hereby amended to read as follows: Section 304 (b) Permit Fees. The fee for each permit shall be as set forth in the latest resolution adopted by the City Council. Section 304 (c) Plan Review Fees. When a plan or other data are required to be submitted pursuant to Section 302(b), 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) percent of the mechanical permit fee." SECTION 16. That Section 24-1. is hereby amended to read as follows: "Section 24-1. Adoption of Uniform Plumbing Code. That certain code entitled "Uniform Plumbing Code, 1991 Edition", including appendices and the Installation Standards contained therein, promulgated and published jointly by the International Association of Plumbing and Mechanical Officials and the - 18 - • 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 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 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 Plumbing Code of the City of Hermosa Beach. 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 Building and Safety of the City of Hermosa Beach." SECTION 17. That Section 24-2. is hereby deleted in its entirety. SECTION 18. follows: That Section 24-2.4. is hereby amended to read as "Section 24-2.4. Fees. The schedule of fees contained in Section 30.4(a) of the Uniform Plumbing Code is hereby deleted and the schedule of fees adopted by latest resolution of the City Council hereby substituted therefore." SECTION 19. That Section 24-2.5. is hereby amended to read as follows: - 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 • 27 28 "Section 24-2.5. Board of Appeals Section 20.4. is hereby added to said plumbing code to read as follows: Section 20.4. (a) 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 204. 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. (b) 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." - 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 SECTION 20. That Section 24-2.6. is hereby deleted in its entirety. SECTION 21. That Section 24-2.9. is hereby amended to read as follows: "Section 24-2.9. Abandoned Sewers and Sewage Disposal Facilities. Section 1119 (a) of said plumbing code is hereby amended to read as follows: Section 1119 (a). 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 22. Effective Date. That this ordinance shall become effective and be in full force and effect thirty (30) days following adoption. SECTION 23. Publication. That the City Council does hereby designate the City Attorney to prepare a summary of this - 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 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 24. That the City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book or original ordinances of said city; shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED AND ADOPTED ON THE 9th DAY OF June, 1992. PRESIDENT OF THE CITY COUNCIL AND MAYOR OF THE CITY OF HERMOSA BEACH, CALIFORNIA ATTEST: CITY CLERK U APPROVED AS TO FORM 41 Y' i" CITY ATT'O'RNEY - 22 - C 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. 92-1069 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 June, 1992, and was published in the Easy Reader on June 18, 1992. The vote was as follows: • AYES: Edgerton, Midstokke, Wiemans, Mayor Essertier NOES: Benz ABSENT: None ABSTAIN: None DATED: June 18, 1992 City4lClerIV PROOF OF PUBLICATION (2015.5 C.C.P.) 0 •STATE'OF CALIFORNIA, County of Los Angeles, 48 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 .... W UenY.................... in the City of ..... URKWA.R) 0...,,,•, 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...?/2i, 19 2g, Case Number SWC.,22940.; thatthenotice, 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: 6/18 ..................................................... all in the year 19.92.. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at..HERMOSA BEACH .............................. California, this..18.th, (of -JUNE 19 92 Signature Free copies of this blank form may be secured from: .10 CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House I PSO. Box 31 Los Angeles, CA 90053 Telephone 625-2541 Piease request GENERAL Proof of Publication 1 when ordering this form. This space is for the County-PYgrk's=Failing Stamp •i e, r J. w Cr Cit r ..'-' r of keY Clerk eesch Proof of Publication of CITY _OF HERMOSA BEACH • •• 1.9•with •regard to roof covering re- �'°"`• quirements. SECTION 7. Amends Section 7- . �F e •0 1.10 with regard to skylight require- . . . . . . . . I o r menta. iSECTION 8. Amends Section 7- 1.11 with regard to fire extinguishing CITY OF HERMOSA BEACH systems. SYNOPSIS OF SECTION 9. Amends Section 7 - ORDINANCE NO. 92-1069 1.12 with regard to fire alarm sys- AN ORDINANCE OF THE CITY OF tems. HERMOSA BEACH, CALIFORNIA, I SECTION 10. Amends Section 7 - AMENDING CHAPTER 7, 2 with regard to adoption of Uniform ARTICLES I, 11, 111, IV AND Housing Code, 1991 Edition. CHAPTER 24 OF THE CITY CODE SECTION 11. Amends Section 7 - RELATING TO BUILDING AND PLUMBING REGULATIONS AND 3 with regard to adoption of Uniform ADOPTING WITH CERTAIN Code for the Abatement of Danger - ous Buildings, 1991 Edition. ADDITIONS, DELETIONS AND AMENDMENTS, WHICH ARE SET SECTION 12. Amends Section 7-1, FORTH HEREIN, THE RULES, REGULATIONS, PROVISIONS 3.1 with regard to Board of Appeals. SECTION 13. Amends Section 7-, AND CONDITIONS SET FORTH IN 4 with regard to the adoption of Uni- form Mechanical Code, 1991 Edition. THOSE CERTAIN CODES ENTITLED, "UNIFORM BUILDING SECTION 14. Amends Section 7 - 4.1 with regard to the Uniform Me - CODE, 1991 EDITION," "UNIFORM BUILDING CODE chanical Code, Board of Appeals. STANDARDS, 1991 EDITION," "UNIFORM HOUSING CODE, 1991 SECTION 15. Amends Section 7 - 4.3 with regard to mechanical permit EDITION," AND "UNIFORM CODE fees. SECTION 16. Amends Section FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1991 24-1 with regard to adoption of Uni- form Plumbing Code, 1991 Edition. EDITION," PROMULGATED AND PUBLISHED BY THE SECTION 17. Amends Section INTERNATIONAL CONFERENCE 24=2 by deleting that section in its entirety. OF BUILDING OFFICIALS AND THE"UNIFORM PLUMBING SECTION 18. Amends Section CODE, 1991 EDITION" AND "UNIFORM 24-2.4bydeleting schedule of fees of the Uniform Plumbing Code and sub - MECHANICAL CODE, 1991 EDITION" PROMULGATED stituting schedule of fees adopted by AND PUBLISHED JOINTLY BY latest resolution of the City Council. SECTION 19. Amends Section THE INTERNATIONAL ASSOCIATION OF PLUMBING 24.2.5 with regard to Uniform Plumb - ing Code, Board of Appeals. AND MECHANICAL OFFICIALS_ AND THE INTERNATIONAL SECTION 20. Amends Section CONFERENCE OF BUILDING 24.2.6 by deleting that section in its entirety. OFFICIALS. WHEREAS, the 1991 editions of SECTION 21. Amends Section 24-2.9withregard to abandoned sew - the Uniform Codes have been adopted by the State of California ers and sewage disposal facilities. SECTION 22. Effective Date. Building Standards Commission, with SECTION 23. Publication. amendments, to represent the con- ;SECTION 24. Provides for the struction regulations for allstructures within California; and City Clerk to certify to the passage WHEREAS, local amendments and adoption of this ordinance, enter same in the book of original ordi- may be made to those codes to ad- dress local needs; and nances of the city, and make minutes WHEREAS, it has been deter- of the passage and adoption of the ordinance in the records of the pro - mined that'local climatic conditions and congestion require amendments ceedingsofthe City Council when the ordinance is passed and adopted. to further promote fire safety byelimi- PASSED, APPROVED AND nating combustible roofing and ex- panding the requirements for auto. ADOPTED this 9th day ofJune, 1992. matic fire -extinguishing systems. NOW, THEREFORE, THE CITY ROBERT ESSERTIER PRESIDENT of the City Council COUNCIL OF THE CITY OF HER- MOSA BEACH, CALIFORNIA, DOES and MAYOR of the City of Hermosa Beach, California HEREBY ORDAIN AS FOLLOWS: SECTION 1. Amends Chapter 7, ATTEST: Elaine Doerfling, City Clerk Article I of the City Code of the City of Hermosa APPROVED AS TO FORM: Charles S. Vose, City Attorney Beach, with regard to adop. tion of Uniform Building Code and The vote was as follows: Standards, 1991 Edition. SECTION 2. Amends Section 7- AYES: Edgerton, Midstokke, Wiemans, Mayor Essertier 1.1 with regard to Board of Appeals. SECTION 3. Amends Section 7- NOES: Benz ABSTAIN: None ABSENT: None I1.2 with regard to violations of the r building code. ER 6/18/92 HBL-541 _ _ SECTION 4. Amends Section 7- _ 1.3 with regard to permit fees,olan review fees, expiration of plan re- view, fee refunds and special inspec- tions for change of occupancy or I tenancy. SECTION 5. Amends Section 7-- =1.8 1.8with regard to moving buildings. . SECTION 6. Amend6 Section 7- r • r 1 LJ • • L- 1 • 2 3I • 4 5 6 7 8 9 10 11 12 13 14 • 15 16 17 C. 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 92-1070 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REPEALING EXISTING CHAPTER 12 OF THE HERMOSA BEACH MUNICIPAL CODE IN ITS ENTIRETY AND ADOPTING BY REFERENCE, THE 1991 EDITIONS OF THE UNIFORM FIRE CODE, INCLUDING APPENDIX CHAPTERS III -A, III -B, III -C, VI -A, VI -C AND THE UNIFORM FIRE CODE STANDARDS, AS AMENDED. WHEREAS, the 1991 editions of the Uniform Fire Codes have been adopted by the State of California, with amendments; and WHEREAS, local amendments may be made to those codes to address local needs; and WHEREAS, it has been determined that local climactic conditions and congestion require amendments to further promote fire safety by eliminating combustible roofing and expanding the requirements for automatic fire -extinguishing systems. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The existing Chapter 12 of the "Hermosa Beach Municipal Code" is repealed in it's entirety. SECTION 2. A new Chapter 12 is added to the "Hermosa Beach Municipal Code" to read as follows: CHAPTER 12 FIRE PREVENTION CODE SECTION 12-1. Adoption of Uniform Fire Code and Standards. 1 1 • 2 3 F- L 5 6 7 8 9 10 11 12 13 14 • 15 16 17 • 18 19 20 21 22 23 24 25 26 • 27 28 There is hereby adopted by the city 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 published by the Western Fire Chiefs Association and the International Conference of Building Officials, being particularly the 1991 Editions thereof, save and except such portions as are hereinafter deleted, modified or amended by section 12-7 of this ordinance, three (3) copies of which Code and Standards have been and are now filed in the office of the city clerk and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this chapter shall take effect, the provisions thereof shall be controlling within the limits of the City of Hermosa Beach. 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 on his designee to revoke said permit for misuse or violation of the terms of the permit. SECTION 12-2. Definitions. (a) "Jurisdiction". Shall mean the City of Hermosa Beach. (b) "Corporation Counsel". Shall mean the attorney for the City of Hermosa Beach. (c) "Building Code". Shall mean the current Edition of Volume I, II and IV of the Building Code published by the International Conference of Building Officials, including its revisions, additions, and 2 1 • 2 3 • • C: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 amendments and including the current edition of the Uniform Building Code Standards. (d) "May". Shall mean permissible; the word "shall" is held to mean mandatory. SECTION 12-3. Establishment of limits of districts in which storage of explosives and blasting agents is to be prohibited. The limits referred to in section 77.107(b) of the Uniform Fire Code, in which storage of explosives and blasting agents is prohibited, are hereby established as follows: All property zoned for residential and commercial uses. SECTION 12-4. Establishment of limits of districts in which storage of flammable liquids in outside aboveground tanks is to be prohibited. The limits referred to in section 79.501 of the Uniform Fire Code in which storage of flammable liquids in outside aboveground tanks is prohibited, are hereby established as follows: All property zoned for residential and commercial uses. SECTION 12-5. Establishment of limits of districts in which new bulk plants for flammable or combustible liquids are to be prohibited. 3 1 • 2 3 • 4 5 6 7 8 • • 9 10 11 12' 13 14 15 16 17 18 19 20 1 21 22 23 24 25 26 • 27 28 The limits referred to in section 79.1401 of the Uniform Fire Code, in which new bulk plants for flammable or combustible liquids are prohibited, are hereby established as follows: All property zoned for residential and commercial uses. SECTION 12-6. Establishment of limits in which bulk storage of liquified petroleum gases is to be prohibited. The limits referred to in section 82.103(a) of the Uniform Fire Code, in which storage of liquified petroleum gas is restricted, are hereby established as follows: All property zoned for residential and commercial uses. SECTION 12-7. Amendments made in the Uniform Fire Code. The Uniform Fire Code, 1991 Edition is hereby amended and changed in the following respects: SECTION 10.507(A), Article 10, Division V, Entitled Automatic Fire -extinguishing Systems is amended to read as follows: (c) 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 rooms and assembly uses exceeds 3500 square feet. For uses to be considered as separated, the separation shall be not less than as required for a one-hour occupancy 4 1 • 2 • • • 3 4 5 A 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 separation. The area of other uses shall be included unless separated by at least a one-hour occupancy separation, (3) Exhibition and Display Rooms. An automatic sprinkler system shall be installed in Group A Occupancies which have more than 3500 square feet of floor area which can be used for exhibition or display purposes. (d) Group B, Division 2 Occupancies. An automatic sprinkler system shall be installed in retail sales room classed as Group B, Division 2 Occupancies where the floor area exceeds 3500 square feet on any floor or 5000 square feet on all floors or in Group B, Division 2 Retail Sales Occupancies more than one story in height. The area of mezzanines shall be included in determining the area where sprinklers are required. (h) Group R, Division 1 Occupancies. An automatic sprinkler system shall be installed throughout every apartment house three or more stories in height or containing more than 5000 feet on all floors, and every hotel three or more stories in height or containing more than 5000 feet on all floors. Residential or quick -response standard sprinkler heads shall be used in the dwelling unit and guest room portions of the building. Table No. 10.510(A) of Article 10, Division V, Standpipe 5 1 • 21 3 • 4 5 6 7 8 9 10 11 12 13 14 • 15 16 17 18 19 20 21 22 23 • 24 25 26 • 27 28 Requirements, is hereby amended so that three stories shall be substituted wherever the table refers to four stories. SECTION 11.101. Article II, Division 1 of the Uniform Fire Code, entitled "Bonfires and Outdoor Rubbish Fires", is hereby amended to read as follows: Division II. SECTION 11.201. Incinerators, Open Burning and Commercial Barbecue Pits. (a) 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, shavings, boxes, trash, rubbish, or other combustible materials within the city, except and unless such combustible materials are burned in approved multiple -chamber incinerators, which have been first approved by the fire chief of the city and the chief building inspector of the city, and such approval is granted in writing by such officers. (b) Notwithstanding any other provisions of this section, it shall be lawful for any person to set fire and burn combustible materials in any permanent fireplace, grill, or barbecue pit, providing such burning is for the purpose of preparing food or providing heat for human habitation, but in no case shall such burning be for the purpose of disposing of combustible trash or rubbish. All such fires shall be kept under competent and continuous supervision and all flammable and combustible material near any such fireplace, grill, or barbecue pit, shall be removed a sufficient distance so as not to constitute a fire hazard. [.1 1 • 2 3 0 4 • 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) Outdoor fires such as pit barbeques or bonfires held in connection with special activities, but not otherwise prohibited by city or county ordinances may be permitted, if in the opinion of the Fire Chief, such fires do not create a hazard to persons or property, by obtaining a permit from the fire department. (d) For the purpose of safety, all outdoor fires when not kindled or maintained within a permanent fireplace, grill, or barbecue pit, shall be deemed unlawful without a permit from the fire department. The Fire Chief may prohibit all outdoor fires when atmospheric conditions or local circumstances make such fires hazardous. SECTION 11.202. Article 11, Division II, of the Uniform Fire Code, 1991 Edition, is hereby amended to read as follows: SECTION 11.202. Types and Construction of Incinerators. (a) Every incinerator used within this jurisdiction shall be constructed and maintained in accordance with the requirements of the Los Angeles County Air Pollution Control District, and the Building Code and Mechanical Code of this city. (b) Whenever an incinerator becomes a public hazard or becomes unsafe or is likely to cause fire to spread to neighboring properties or otherwise endanger the public peace, health and safety of the citizens of the city, then upon notice, the fire chief may prohibit the use of such incinerator. Thereafter, it shall be unlawful to use or maintain the same within the city. • n LJ • 3 4 5 9 10 11 12' 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 (c) Every incinerator shall be equipped and maintained with a spark arrestor constructed of iron, heavy wire mesh, or other noncombustible material, with openings not larger than one half inch. SECTION 11.112. Article 11, Division I, of the Uniform Fire Code, 1991 Edition is hereby amended to read as follows: SECTION 11.112. Hours of Burning. Burning of waste matter is prohibited except in an approved incinerator as defined in Section 11.203. Burning in approved incinerators as defined in Section 11.203(i) is subject to the rules and regulations of the Los Angeles County Air Pollution Control District. SECTION 11.301. Article 11, Division III, Subsection (b) of the Unifrom Fire Code, 1991 Edition, is hereby amended to read as follows: SECTION 11.302. Accumulation of Rubbish and Vegetation. (b) Storage within a building. Whenever it is necessary for a person to store or accumulate combustible or flammable rubbish or waste material within any building, structure, or enclosure, then such material shall be securely stored in metal or metal -lined receptacles or bins equipped with tight -fitting covers or in rooms or vaults constructed of noncombustible materials, with an approved heat actuated self-closing fire door and the 0 1 • 2 3 0 4 • • U 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 storage area shall be protected by an automatic sprinkler system on the basis of one head per fifty (50) square feet or portion thereof SECTION 14.104(g) of Article 14, Group R., Division 1 Occupancies. An automatic fire alarm system shall be installed in apartment houses three or more stories in height (mezzanines and lofts shall be considered as stories), or containing more than 15 dwelling units and in hotels three or more stories in height or containing 20 or more guest rooms. ARTICLE 31 of the Uniform Fire Code, 1991 Edition is hereby amended to read as follows: SECTION 31.107. Inside Tire Storage Tires stored inside of buildings shall not block doors, windows, or exitways. Piles and racks of tires which are placed directly against and parallel to walls shall not extend out from said walls more than five (5) feet. Piles or racks of tires placed in rows perpendicular to the walls shall not exceed the (10) feet in width or fifty (50) feet in length. Every row of tires shall be accessible on at least two (2) sides by an aisleway at least three (3) feet in width. Tires which are stored in such pattern as to form dead-end aisleways against the walls of buildings shall terminate at an aisleway at least six (6) feet wide at the inside end of such pile. Every rack or pile of tires shall be kept at least eighteen (18) inches below sprinkler heads in a sprinklered building. Piles of tires shall be maintained in such manner as 0 1 • 2 3 4 5 6 7 8 9 10 11 12 13 14 • 15 16 17 .7 18 19 20 21 22 23 24 25 26 • 27 28 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 tire exceed twelve (12) feet in height unless approved by the fire chief. SECTION 31.108. Outside Tire Storage. Piles of tires or carcasses shall not exceed two thousand (2,000) cubic feet in volume and shall be separated from every other pile by an aisleway at least ten (10) feet in width. Under no circumstances shall a pile of tires exceed twelve (12) feet in height unless approved by the fire chief. SECTION 31.109. All Tire Storage. It is the intent of this section that all tire storage, regardless of whether such storage is in connection with a tire rebuilding plant, shall be made to comply with sections 31 107 and 31 108. Article 47 of the Uniform Fire Code, 1991 Edition is hereby amended to read as follows: SECTION 47.112. 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 47.113. Chloropicrin. 10 1 • 2 3 • 4 5 6 7 8 • • 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 To discourage entrance into the building or structure being fumigated, unless a watchman would otherwise be required, chloropicrin shall be added to the fumigant at the rate of one ounce for each fifteen thousand (15,000) cubic feet of space being fumigated. SECTION 47.114. Fumigation Inspection. The fire department shall make a visual inspection of all buildings or other structures immediately prior to the release of the fumigant into the building or structure, to determine whether the safety precautions outlined in this section have been met. SECTION 79.903(f) of Article 79, Division IX, of the Uniform Fire Code, Entitled Special -Type -Dispensers, is hereby amended to read as follows: Approved special dispensing systems such as, but not limited to, coin operated and remote preset types, are permitted at service stations provided there is at least one qualified attendant on duty while the station is open to the public. (1) The attendant's primary duty shall be to supervise, observe and control the dispensing of Class I Liquids into portable containers not in compliance with Section 79.902(e) control sources of ignition, and immediately to handle accidental spills and fire extingiushers, if needed. (2) Emergency controls shall be installed at a location acceptable to the Fire Department, but controls shall not be more than 100 feet from 11 1 • 2 3 • 4 5 U 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 dispensers. Instructions for the operation of dispensers shall be conspicuously posted. (3) Remote preset -type devices are to be in the "off" position while not in use so that the dispenser cannot be activated without the knowledge of the attendant. (4) The dispensing device shall be in clear view of the attendant at all times and no obstacle shall be placed between the dispensing devices and the attendant. (5) The attendant shall at all times be able to communicate with persons in the dispensing area. APPENDIX III - A, Paragraph 5 Entitled Fire Flow Requirement for Buildings is amended as follows: (a) The minimum fire -flow requirements for one -and two-family dwellings not exceeding two stories in height, shall be 1500 gallons per minute (for other residential buildings, Table No. A -III -A-1 will be used). Exception: Fire flow may be reduced 50 percent when the building is provided with approved automatic sprinkler system. The fire flow for buildings other than one -and two-family dwellings shall be not less than that specified in Table No. A -III -A-1 Exception: The required fire flow may be reduced up to 75 percent when the building is provided with approved automatic sprinkler system, but in 12 1 • 2 3 • 4 5 6 7 6 9 10 11 • 12 13 14 15 16 17 13 19 20 21 22 23 • 24 25 26 • 27 no case less than 1500 gallons per minute. In types I and II -FR Construction, only the three largest successive floor areas shall be used. Appendix III -B, Entitled Fire Hydrant Location and Distribution is amended by adding a paragraph as follows: (6) The Chief may require closer spacing between hydrants because of grades, step 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 13 1 • 2 3 • 4 • 5 6 7 8 9 10 11 1 12 13 14 15 16 17 18 19 20 1 21 22 23 24 25 26 • 27 28 the code have been misconstructed or wrongly interpreted, the applicant may appeal from 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 director of building and safety 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. Their decision 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. (a) Any person violating any of the provisions of this code shall be deemed guilty of a misdemeanor, punishable by a fine of not more than five hundred dollars ($500.00), or by imprisonment for a term not to exceed six (6) months in the city or county jail, or by both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten (10) day that prohibited conditions are maintained shall constitute a separate offense. 14 • C7 • 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 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, 1991 Edition, hereby adopted, 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, 1991 Edition, hereby adopted, 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. SECTION 12-14. Effective Date. That this ordinance shall become effective and be in full force and effect thirty days after date of adoption. SECTION 12-15. Publication. That 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 15 1 • 2 3 • 4 5 6 7 8 • • 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 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 12-15. That the city clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said city; shall make minutes of the passage and adoption thereof in the records of the proceedings of the city council at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this June 1992. 9th day of PRESIDENT of the City Council, and MAYOR of the City of Hermosa Beach, California ATTEST: 16 APPROVED TO •- CITY CLERK CITY •- • 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. 92-1070 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 June, 1992, and was published in the Easy Reader on June 18, 1992. The vote was as follows: • AYES: Edgerton, Midstokke, Wiemans, Mayor Essertier NOES: Benz ABSENT: None ABSTAIN: None DATED: June 18, 1992 11 • City lerk 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 .... WUenY ................... in the City of .....WMWA.PMCH,,,,,,,, County of Los Angeles, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court 0 of the County of Los Angeles, State of California, under the date of...?/21, 19 72 , 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' 6; 18 .................................................... all in the year 19.92.. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at„ HERMOSA BEACH .............................. • California, this..48th.ay of. i7 19 9 .. Signature Free copies of this blank form may be secured from: CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House P -,q. Box 31 Los Angeles, CA 90053' Telephone 625-2541 Please request GENERAL Proof of Publication when ordering this form. This space is for the County Clerk's Filing Stamp `� - �..C. AW 19 . ° 92 1 C", of.crrt. Cre,h .- kermms� Y - Reach ')v; Proof of Publication of CITY OF HERMOSA BEACH ... SECTION 11.202, Article 11, Di- vision II, with regard to types and _ A construction of incinerators. SECTION 11.112, Article 11, Di- . " " "' , i .. vision I, with regard to hours of burn- ing. SECTION 11.301, Article 11, Di- vision III, Subsection (b) with regard CITY OF HERMOSA BEACH to accumulation of rubbish and veg- SYNOPSIS OFL etation. ORDINANCE NO. 92-1070 SECTION 14.104(g), Article 14, AN ORDINANCE OF THE CITY OF Group R, Division I, Occupancies HERMOSA BEACH, CALIFORNIA, with regard to installation of auto - REPEALING EXISTING CHAPTER matic fire alarm systems. 12 OF THE HERMOSA BEACH SECTION 31.107, Article 31, with MUNICIPAL CODE IN ITS regard to tires stored inside of build - ENTIRETY AND ADOPTING, BY ings. REFERENCE, THE 1991 EDITIONS OF THE UNIFORM SECTION 31.108, Article 31, with FIRE CODE, INCLUDING regard to tires stored outside of build - APPENDIX CHAPTERS III -A, III -B, ings. III -C, VI -A, VI -C AND THE SECTION 31,109, Article 31, with UNIFORM FIRE CODE regard to all tire storage. STANDARDS, AS AMENDED. SECTION 47.112, Article 47, with WHEREAS, the 1991 editions of regard to use of pan locks during the Uniform Fire Codes have been fumigation. adopted by the State of California, SECTION 47.113, Article 47, with with amendments; and regard to chloropicrin to be used dur- WHEREAS, local amendments ing fumigation. may be made to those codes to ad- SECTION 47.114, Article 47, with dress local needs; and regard to visual inspection immedi- WHEREAS, it has been deter- ately prior to fumigation. mined that local climatic conditions SECTION 79.903(f), Article 79, and congestion require amendments Division IX, with regard to approved to further promote fire safety byelimi- special dispensing systems at ser- nating. combustible'roofing and ex- vice stations. panding the requirements for auto- APPENDIXIII•A,Paragraph5with matic fire -extinguishing systems. regard to fire flow requirement for NOW, THEREFORE, THE CITY buildings. COUNCIL OF THE CITY OF HER- APPENDIX III -B, with regard to MOSA BEACH, CALIFORNIA, DOES fire hydrant location and distribution. ORDAIN AS FOLLOWS: SECTION 12-8; with regard to SECTION 1. The existing Chap- modifications of, provisions of the' ter 12 of the Hermosa Beach Munici- Code is in its Uniform Fire•Code. - SECTION 12-9, with regard to pal repealed entirety. SECTION 2. A new Chapter 12 is appealfollowingdisapproval ofappli- added to the Hermosa Beach Munici- cation or refusal to grant permit. pal Code to read as follows: SECTION 12-10, with regard to CHAPTER 12 new materials;, processes or occu- FIRE PREVENTION CODE pancies which may require permits. SECTION 12-1 Adoption of Uni- SECTION 12-11, with regard to form Fire Code and Uniform Fire Code penalties for violation of any proyi- Standards, 1991 Editions. sions of this code. SECTION 12-2. Definitions. SECTION 12-12, with regard to SECTION 12-3. Establishment of repeal of conflicting ordinances. limits of districts in which storage of SECTION 12-13, with regard to explosives and blasting agents is to validity of any section, paragraph, be prohibited. sentence or word of this code. SECTION12-4. Establishment of SECTION 12-14.. Effective date. limits of districts in which storage of SECTION 12-15. Publication. flammable liquids in outside above Also provides for the City Clerk to ground tanks is to be prohibited. certify to the passage and adoption of SECTION I2-5. Establishment of the ordinance, shall enterthesame in limits of districts in which new bulk the book of original ordinances of the plants for flammable or combustible city, and make minutes of the pas - liquids are to be prohibited. sage and adoption of the ordinance in SECTION 12-6. Establishment of the records of the proceedings of the limits in which bulk storage of liquified City Council when the ordinance is petroleum gases is to be prohibited. passed and adopted. SECTION 12-7. Amendments PASSED, APPROVED AND made to the following sections of the ADOPTED this 9th day of June, 1992, Uniform Fire Code, 1991 -Edition: ROBERT ESSERTIER SECTION 10.507(A), Article 10, PRESIDENT of the City Council Division V, with regard to automatic and MAYOR of the City of fire -extinguishing systems and Hermosa Beach, California standpipe requirements. ATTEST: SECTION 11x101, Article 11, Di- Elaine Doerling, City Clerk i vision 1, with regard to incinerators, APPROVED AS TO FORM: open burning and commercial barbe- Charles S. Vose, City Attorney II cue_pits.—_ __ ____—�_ - The vote was as follows: AYES: Edgerton, Midstokke, Wiemans, Mayor Essertier NOES: Benz ABSTAIN: None ABSENT: None ER 6/18/92 HBL-540 • • • • 1 2 3 4 5 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 • 24 25 26 • 27 ORDINANCE NO. 92-1071 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CONFIRMING THE REPORT OF THE DIRECTOR OF PUBLIC WORKS DATED MAY 21, 19921 PREPARED PURSUANT TO RESOLUTION NO. 92-5521 AND APPROVED PURSUANT TO RESOLUTION NO. 92-5538 OF SAID COUNCIL, THE MAP AND ASSESSMENT CONTAINED IN SAID REPORT; ORDERING CERTAIN CROSSING GUARD MAINTENANCE SERVICES TO BE FURNISHED AND MAINTAINED FOR THE FISCAL YEAR BEGINNING JULY 11 1992. CITY OF HERMOSA BEACH CROSSING GUARD MAINTENANCE DISTRICT 1992-1993 WHEREAS, the City Council of the City of Hermosa Beach, California, did in Resolution No. 92-5521 of said Council, pursuant to the provisions of the "Crossing Guard Maintenance District Act of 1974" (Chapter 3.5, Articles 1, 2, 3 and 4, Sections 55530 Through 55570, of the Government Code of the State of California), require the Director of Public Works of said City to make and file with the Clerk of the City Council a report in writing, presenting certain matters relating to the proposed Crossing Guard Maintenance District 1992-1993, as contemplated under the provisions of said Act; and WHEREAS, the Director of Public Works, pursuant to the requirements of said City Council as expressed in Resolution No. 92-5521 did on the 21st day of May, 1992, file in the office of the City Clerk (who is ex -officio Clerk of the City Council) of said City, his report in writing responsive to the requirements of said Resolution No. 92-5521 and as contemplated under the provisions of said Act; and WHEREAS, the said City Council did in Resolution No. 92-5538 approve said report on the 26th day of May, 1992, in conformity 1with the provisions of said Act; and - 1 - • • 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 WHEREAS, said City Council did thereafter and on said 26th day of May, 1992, pass its Resolution of Intention No. 92-5539 declaring its intention to order certain Crossing Guard Maintenance services for the fiscal year beginning July 1, 1992; and WHEREAS, said City Council did on said 26th day of May, 1992, in its Resolution No. 92-5539 fix and designate Tuesday, the 23rd day of June, 1992, at the hour of 8:00 pm of said day as the time for hearing protests in reference to the proposed maintenance and assessment, at the Council Chamber, in the City Hall, Civic Center, in the City of Hermosa Beach, California; and WHEREAS, at the time and place above stated for hearing protests in reference to the proposed maintenance and assessment, certain written and oral protests and objections were filed and presented, which said protests and objections were fully and regularly heard and considered by said City Council; and WHEREAS, said City Council being fully advised does hereby proceed as follows: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That said City Council does hereby deny all protests and objections and does hereby approve, confirm and adopt the said report of said Director of Public Works dated the 21st day of May 1992, and does hereby approve and confirm the assessment proposed for said proposed maintenance services as set forth and referred to in said report, which said report is now on file in the office of the City Clerk of said City, open to inspection, hereby referred to and made a part thereof; and said - 2 - City Council does hereby also confirm and adopt the respective 1 • instruments therein contained and designated therein as MAP OF 2 CROSSING GUARD MAINTENANCE DISTRICT 1992-1993, and Estimate 3 • Assessment, all of which, on file as aforesaid, are hereby 4 incorporated herein and made a part hereof. 5 SECTION 2. That said City Council does hereby order the said 6 contemplated maintenance services to be furnished in accordance 7 with the said map and assessment therefore, so adopted and 8 approved, and does hereby order and determine that the fiscal 9 year referred to in said Resolution of Intention No. 92-5539 is 10 hereby fixed and established as the period commencing on the 1st 11 day of July, 1992, and ending on the 30th day of June, 1993, both 12 dates inclusive, as therein set forth; and said City Council does 13 hereby levy the said proposed assessment made to cover the costs • 14 and expenses of said maintenance services upon the land within 15 the assessment district described in said Resolution of Intention 16 No. 92-5539 and as fixed and determined by said report, dated May 17 21, 1992, and the proposed assessment, filed therewith, as 18 aforesaid, in the office of the City Clerk of said City, for the 19 fiscal year beginning July 1, 1992, and ending June 30, 1993, 20 both dates inclusive. 21 SECTION 3. That the City Council hereby orders and directs 22 the City Treasurer to establish a special fund entitled, 23 "Crossing Guard Maintenance District 1992-1993 Fund"; and who • 24 shall place into said Fund all payments of assessments received 25 from the County Tax Collector and payment shall be made out from 26 said special Fund only for the purposes provided for in said • 27 through Chapter 3.5, Articles 1, 2, 3 and 4, Sections 55530 28 - 3 - • • C. • 1I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 55570, of the Government Code of the State of California. SECTION 4. That the City Clerk of said City is hereby ordered to transmit, or cause to be transmitted, to the County Auditor of Los Angeles County, State of California, as contemplated under the provisions of the "Crossing Guard Maintenance District Act of 197411, the Map and Assessment upon which such levy is based, and the County Tax Collector of said County (who is also the City Tax Collector for said City) is ordered and directed to make collection of all assessments shown required by law of and to be performed by the office, employee, or person so designated. SECTION 5. That prior to the expiration of fifteen days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the EASY READER, a weekly newspaper of general circulation published and circulated in the City of (Hermosa Beach. SECTION 6. That this ordinance shall take effect thirty (30) days after adoption. PASSED, APPROVED AND ADOPTED this 14th day of July, 1992. PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: '44- Y 11cae City Clerk City Attorney ipworks/cgord - 4 - CITY OF HERMOSA BEACH irrrun e wAEKSiREETS 1 � 1� �i-l;nnnnnr��� C m J UJB LI W pa a—� �iC� 0 Lo a _ � �� ��� �; � � � o ��� o �� ,►opo Dot "� �7,11 10-93EED '► � ' i ► I(I�� 1 � � j r j � ' sir ��� ;�� MAP OF CROSSING GUARD MAINTENANCE DISTRICT 1992-1993 • • 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. 92-1071 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 July, 1992, and was published in the Easy Reader on July 23, 1992. The vote was as follows: • AYES: Edgerton, Wiemans, Mayor Essertier NOES: Benz, Midstokke ABSENT: None ABSTAIN: None DATED: July 23, 1992 rI 0 City lerk 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 This space is for the County Clerk's Filing Stamp city lac City o1 Hermos Be h 0 \ Pr � f of Publication of ........................ ..W............................ BEACH PEOPLE'S EASY READER Ignate Tuesday, the 23rd day Of June, i[1992, 1992, at the hour of 8:00 pm of said f..Q day as the time forhearing protests in 0 �o ( reference to the proposed mainte- a newspaper of general circulation, printed nance and assessment, at the Coun- ri +cil Chamber, in the City Hall, Civic c r Center, in the City of Hermosa Beach, �[T v California; and lace and published ....1" NFeK�-i*.................... WHERedfor hearing above stated for hearing protests in CITY OF HERMOSA BEACH reference to the proposed mainte- �7 p(� C R n N0.92-1071 nance and assessment, certain writ- ORDINANCEi n the CI ty of .....tk- i KQ F:A.. Yi'F?CH........ AN ORDINANCE OF THE CITY ten and oral protests and objections COUNCIL OF THE CITY OF were filed and presented, which said County of Los Angeles, and which HERMOSA BEACH, CALIFORNIA, protests and objections were fully CONFIRMING THE REPORT OF nd regularly heard and considered b said Council; and newspaper has been adjudged a newspaper THE DIRECTOR OF PUBLIC yWHEREAS, said City Council of general circulation b the Su erior Court WORKS DATED MAY 21,1992, being fully advised does hereby pro - 9 Y p PREPARED PURSUANT TO ceed as follows: M of the County g of Los Angeles, State of RESOLUTION NO. 92-5521 AND NOW, THEREFORE, THE CITY APPROVED PURSUANT TO COUNCIL OF THE CITY OF HER. RESOLUTION NO. 92-5538OF MOSA BEACH, CALIFORNIA, ..' SAID COUNCIL, THE MAP AND FDOES OLLOWS: HEREBY ORDAIN AS California, underthedateof,,,9121, 19,72 ASSESSMENT CONTAINED IN SAID REPORT; ORDERING SECTION 1. That said City Coun- CERTAIN CROSSING GUARD cil does hereby deny all protests and .SWC 22940 • MAINTENANCE SERVICES TO objections and does hereby approve, Case Number ................. that the notice, MAINTAINED FUR FISHED AND THE FISCAL confirm and adopt the said report of said Director of Public Works dated of Which the annexed is a printed copy (set YEAR BEGINNING JULY 1, 1992, CITY OF HERMOSA BEACH the 21st day of May 1992, and does as - in type not smaller than nonpareil), has CROSSING GUARD hereby approve and confirm theed maintsessenance as proposed MAINTENANCE DISTRICT maintenance services as set forth been published in each regular and entire 1982-1993' and referred to in said report, which WHEREAS, the City Council of said report is now on file in the office issue of said newspaper and not in any the City of Hermosa, California, did in of the City Clerk of said City, open to Resolution No. 92-5521 of said Coun- inspection hereby referred to and supplement thereof on the following dates, cil, pursuant to the provisions of the made a part thereof; and said City to -wit: "Crossing Guard Maintenance Dis- Council does hereby also confirm trict Act of 1974" (Chapter 3.5, Ar- and adopt the respective instruments 7/23 ticles 1, through 2, 3 an of the tions 55530 55 not therein contained and designated ..................... ... �...: , ...v ... v............. . Code of the State of California) re- therein as MAP OF CROSSING quire the Director of Public Works of GUARD MAINTENANCE DISTRICT 9 ail in the year 2 1992-1993, and Estimate Assess - 19...... said City to make and file with the ment, all of which, on file as afore - Clerk of the City Council a repot in said, are hereby incorporated herein certify writing, presenting certain matters and made a y (or declare) under penalty of relating to the proposed Crossing SECTION 2rThat said City Coun- perjuer' ur that the fore oin Is true and Guard Maintenance District 1992- cil does hereby order the said con - ry Y foregoing 1993, as contemplated underthe pro- templated maintenance services to correct, visions of said Act; and WHEREAS, the Directorof Public be furnished in accordance with the Works, pursuant to the requirements said map and assessment therefore, of said City Council as expressed in so adopted and approved, and does Dated at ... H ERMO SA BEACH Resolution No. 92-5521 did on the hereby order and determine that the • fiscal year referred to in said Resolu- ofst day of May, Clerk file in the tion of Intention No. 92-5539ishereby - JULY office of the City Clerk (who is ex- fixed and established as the period Ca l ifornla, this.... 2 3rd..day of.:......, 1- 9 2„ officio Clerk of the City Council) of commencing on the Ist day of July, • • • said City, his report in writing respon- sivetotherequirements ofsaidReso- 19ne,andending at the clthdayof lution No. 92-5521 and as contem- June, sett both dates inclusive, as W therein set forth; and said City Coun- plated under the provisions of said cil does hereby levy the said pro- .......... ...............:................... Act; and posed assessment made to cover / • Signature WHEREAS, the said City Council the costs and expenses of said main - did in Resolution No. 92-5538 ap- tenanceservicesupon the land within •prove said report on the 26th day of the assessment district described in Frtt copies of this blank form may be secured from: May, 1992, in conformity with the said Resolution of Intention No. 92- provisions of said Act; and 5539 and as fixed and determined by CALIFORNIA NEWSPAPER SERVICE WHEREAS, said City Council did said report, dated May 21, 1992, and thereafter and on said 26th day of theproposedassessment,filedthere- BUREAU, INC. May, 1992, pass its Resolution of witaaforesaid, in the office of the Intention No. 92-5539 declaring, its City Clerk of said City, for the fiscal Legal Advertising Clearing House -intention to order certain Crossing year beginning July 1, 1992, and Guard Maintenance Services for the ending June 30, 1993, both dates P.O. Sox 31 fiscal year beginning July 1, 1992; inclusive. and Los Angeles. CA 90053 Telephone 625.2 WHEREAS, said City Council did Please request GE N E RAL Proof of Publication on said 26th day of May, 1992, in its — j Resolution No. 92-5539 fix and des- ............ SECTION es- ••SECTION 3. That the City Council hereby orders and directs the City Treasurer to establish a special a special fund entitled, "Crossing Guard Maintenance District 1992-1993 Fund"; and who shall place into said Fund all payments of assessments received from the County Tax Collec- tor and payment shall be made out from said special Fund only for the purposes provided for in said Chap- ter3.5, Articles 1, 2,3 and 4, Sections 55530 through 55570, of the Govern- ment Code of the State of California. SECTION 4. That the City Clerk of said City is hereby ordered to trans- mit, or cause to be transmitted, to the County Auditor of Los Angeles County, State of California, as con templated under the provisions of the "Crossing Guard Maintenance Dis- trict Act of 1974," the Map and As- sessment upon which such levy is based, and the County Tax Collector of said County (who is also the City Tax Collector for said City) is ordered and directed to make collection of all assessments shown required by law of and to be performed by the office, employee, or person so designated. SECTION 5. That prior to the ex- piration of fifteen 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. SECTION 6. That this ordinance shall take effect thirty (30) days after adoption. PASSED, APPROVED AND ADOPTED this l4thdayofJuly,1992. ROBERT ESSERTIER 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, City Attorney THE VOTE WAS AS FOLLOWS: AYES: Edgerton, Wiemans, Mayor Essertier NOES: Benz, Midstokke ABSENT: None ABSTAIN: None ER 7/23/92 HBL-544 • 1] C� is ORDINANCE NO. 92-107 and ORDINANCE NO. 92-107 NOT APPROVED • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 is 24 25 26 • 27 28 ORDINANCE 92-1074 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE TEXT IN REGARDS TO THE MAXIMUM ALLOWABLE HEIGHT IN THE R-3 AND R -P ZONES, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION WHEREAS, the City Council held a public hearing on August 25, 1992, to consider amendments to the allowable height in the R-3 and R -P zones and made the following Findings: A. R-3 and R -P zoned areas are still largely developed with structures of only one or two stories and the current 35 -foot height limit allows for construction of new three and four level structures which are not compatible in scale or character with existing development, and in some cases result in view blockage; B. A reduction in allowable height from 35 feet to 30 feet will eliminate the disparity between height limits where R-2 zoned areas border R-3 zoned areas; C. Where R-3 and R -P zoned locations are predominantly developed with structures of over 30 feet in height, exceptions should be allowed for structure to be built up to 35 feet if proven to be necessary to obtain a view, and if found to be compatible with surrounding development; D. An environmental assessment has been conducted by the Staff Environmental Review Committee and it was determined that this text amendment qualifies for a negative declaration; NOW, THEREFORE, the City Council of the City of Hermosa Beach, California, does hereby ordain the following amendments to the zoning ordinance text: SECTION 1; Amend Section 601 of the R-3 Multiple -Family Residential Zone to read as follows: "Sec. 601. Height Intent and Purpose. The intent and purpose of this section is to set a standard height limit for most projects in scale - 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 with existing development and to minimize view obstruction. However, to recognize that pre-existing development in some neighborhoods and/or clusters of lots are already predominantly built higher than the height limit, this section also allows some projects to exceed the height limit to enable property owners to enjoy the same rights to view, sunlight, and air enjoyed by those property owners with the higher buildings. This section further sets forth the conditions and design criteria for determining whether a project is allowed to exceed the height limit. (A) No building shall exceed thirty (30) feet in height unless in compliance with section 601 (B) and (C). Refer to Article 7.2 for additional height requirements for condominium projects located adjacent to walk streets. (B) The Planning Commission shall hold a public hearing and may grant or conditionally grant an exception to allow a multiple or single family building to exceed thirty (30) feet in height up to a maximum of thirty-five (35) feet in height when all of the following conditions are met to the satisfaction of the Planning Commission (subject to appeal to the City Council pursuant to Section 1435): 1) An extension above the height limit is necessary to take advantage of a scenic view over surrounding structures which are already constructed above thirty (30) feet in height. Said structures already in excess of thirty (30) feet would otherwise significantly obstruct the proposed project's view potential; 2) A substantial number of existing buildings in the vicinity of the proposed project are already constructed to a height greater than thirty (30) feet. 3) The structural extension above 30 feet will not adversely impact the available views, and access to sunlight and air of adjacent and surrounding properties; 4) If all the above conditions are satisfied, the following design features of the portion of the building above thirty (30) feet shall also be considered by the Planning Commission to determine if an exception should be granted: a. The style and pitch of the roof. b. The mass and bulk of the proposed structure above thirty (30) feet (in order to minimize bulk of the upper floor). c. The architectural appearance, as exhibited by the type, style, and shape of the structure and the proposed exterior materials. (C) Application and public hearing requirements for processing exceptions to the height limit shall be in accordance with procedures established by the City Council." - 2 - • 1 2 • 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 • 24 25 26 • 27 28 SECTION 2. Amend Section 701 of the R -P Residential -Professional Zone in the same manner as stated above for Section 601 except that the section numbers shall be "701(A), (B) and (C) " SECTION 3. This ordinance shall not apply to any projects that have a complete building permit application package or a complete application for a land use entitlement on file with the City prior to August 25, 1992. Said application must include completed conceptual plans (plot plan, floor plan, elevation plan, and similar plans) and a lot survey. 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, or within 6 months of the effective date of receipt of final approval of a land use entitlement if received after August 25, 1992. 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 8th day of September , 1992, by following vote: AYES: Benz, Edgerton, Mayor Essertier NOES: Midstokke, Wiemans ABSTAIN: None ABSENT: None PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: CITY CLERK APP QED S TO FORM: CITY ATTORNEY - 3 - ACTIVITY IDENTIr'ICATION 1. Location 0 a. Address: City wide R-3 and R -P zones b. Legal: N/A �. Description Text amendment to the Zoning Ordinance to reduce the height limits in R-3 and R -P zones •3. Sponsor a. Name: C'i t�4' of HPrmnsa Reach 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 im- plements 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 be- comes final, no comprehensive Enviromnental Impact Report is required for this project. FINDING OF ENVIRONMENTAL REVIEW COMMITTEE We have undertaken and completed an Environmental Impact Review of this pro- posed 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, pr-Q-yi-de-d-th-e t#-a--#ed-mi-tig-at-i-o-n-meas- u-r-a.s-ar_e-i.n.c.l_u.d.e.d`i-n-t.h e^ -eint , it would n o t have a significant effect on the environment. Documentation s}�pporti.r / this finding is on file in the Plannin Department. / / Date of Finding hairman/`Enviro6mental Review Committee FINDING OF THE PLANNING COMMISSION We have undertaken and completed an Environmental Impact Review of this pro- ject in accordance with Resolution 89-5229 of the City Council of Hermosa Beach, and find that this project does not require a comprehensive Environ- mental Impact Report because, pro�ra ded the a tacAt-inn -measures a -r -e i41GJ_u4d.ed__i-n "he D. rr4eiz+ , it would not have a significant effect on the en- vironment. Documentation supporting this finding is on file in the Plann- ing Department. �:-� - 1z' OFa-te of Finding Chairman, Planning Commission FINDING OF THE CITY COUNCIL We have undertaken and completed an environmental Impact Review of this pro- posed project in accordance with Resolution 89-5229 of the City Council of •Hermosa Beach, and find this project does not require a comprehensive En- vironmental Impact Report because, f)rova<d-e-d-t-h-e-a_tzached—n=' ga ien meas - u -r -e -s -a -r -e -i n -c 1 u.d.e-d-i-n-t.h-P n r o-; o +- , it would n o t have a significant e f f e c t ---on the environment. Documentation supporting this finding is on file in the Planning Department. 9-0''�2 Date of Findina Mayor, Hermosa Beach City Council 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. 92-1074 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 September, 1992, and was published in the Easy Reader on September 17, 1992. The vote was as follows: • AYES: Benz, Edgerton, Mayor Essertier NOES: Midstokke, Wiemans ABSENT: None ABSTAIN: None DATED: September 18, 1992 11-61001 City Cl rk • LJ 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 ....WFIWLX.................... in the City of ..... UIMK ZA .MqH,,,,,... 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...?/21, 19.7..2., 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:.....�//. all in the year 19.92.. I certify (or declare) under penalty of perjury that the foregoing Is true and correct. Dated at..HERMOSA BEACH .................................. California, this/.. ...daydf�--19 92„ Signature Free copies of this blank form maybe secured from: S CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House PSQ. Box 31 Los Angeles. CA 90053 Telephone 625.2541 Please request GENERAL Proof of Publication when ordering this form. This space is for the County Clerk's Filing Stamp 1 SEP 231992 ®=� CRY Clerk 1y'� 'f Clty of Hermosa Beach Proof of Publication of CITY OF HERMOSA BEACH ................................................. (A) No building shall exceed thirty' SECTION 4. This ordinance shall (30) feet in height unless in compli- become effective and be in full force rs=�. • ° ante with section 601 (B) and (C). and effect from and after thirty (30) RefertoArticle 7.2for additional hei ht g days of its final passage and adop- \° c1 i requirements for condominium tion. projects located adjacent to walk SECTION 5. Prior to the expira- streets. tion of fifteen (15) days after the date (B) The Planning Commission of its adoption, the City Clerk shall CITY OF HERMOSA BEACH shall hold a public hearing and may cause this ordinance to be published ORDINANCE NO. 92-1074 grant or conditionally grant anexcep- in the Easy Reader, a weekly news - AN ORDINANCE OF THE CITY tion to allow a multiple or single family paper of general circulation published COUNCIL OF THE CITY OF building to exceed thirty (30) feet in and circulated in the City of Hermosa HERMOSA BEACH, CALIFORNIA height up to a maximum of thirty-five Beach in the mannerprovided by law. , AMENDING THE ZONING (35) feet in height when all of the SECTION 6. The City Clerk shall ORDINANCE TEXT IN REGARDS following conditions are met to the satisfaction of the Planning Commis- certify to the eandadoP tion of passage 9 this ordinance, shall enter the same TO THE MAXIMUM ALLOWABLE HEIGHT IN THE R-3 AND R -P sion (subject to appeal to the City in the book of original ordinances of ZONES, AND ADOPTION OF AN Council pursuant to Section 1435): 1). An extension above the height said city, and shall make minutes of the passage and adoption thereof in ENVIRONMENTAL NEGATIVE I DECLARATION limit is necessary to take advantage the records of the proceedings of the P g WHEREAS, the City Council held of a scenic view over surrounding Cit Council at which the same is Y apublichearing August structures which are already con- strutted above thirty (30) feet in passed and adopted. P P PASSED, APPROVED AND entsto25,1992, toconsideramendmentstotheallow- d able height in the R-3 and R -P zones height. Said structures already in ex- ADOPTED this 8th day of Septem- and made the following Findings: cess of thirty (30) feet would other- wise significantly obstruct the pro- bar, 1992 b the following vote: AYES: Benz, Edgerton, v Ma or g y A. R-3 and R -P zoned areas are still largely developed with structures Posed project's view potential; Essertier of only one or two stories and the 2). A substantial number of exist- NOES: Midstokke, Wiemans current 35 -foot height limit allows for ing buildings in the vicinity of the ABSTAIN: None ABSENT: None construction of new three and four proposed project are already con- ROBERT ESSERTIER level structures which are not com- structed to a height greater than thirty PRESIDENT of the City Council patible in scale or character with ex- (30) feet. and MAYOR of the City of isting development, and in some 3). The structural extensionabove Hermosa Beach, California cases result in view blockage; 30 feet will not adversely impact the ATTEST: B. A reduction in allowable height available views, and access to sun- Elaine Doedling, City Clerk from 35 feet to 30 feet will eliminateAPPROVED ght and air of adjacent and sur- AS TO FORM: Edward W. Lee, CityAttome the disparity between height limits where R-2 zoned areas border R-3 rounding properties; 4). If all the above conditions are ER 9-17-92 HBL-551 zoned areas; satisfied, the following design fea- C. Where R-3 and R -P zoned, tures of the portion of the building locations are predominantly devel- above thirty (30) feet shall also be oped with structures of over 30 feet in considered by the Planning Commis - height, exceptions should be allowed sion to determine if an exception for structure to be built up to 35 feet if should be granted: proven to be necessary to obtain a a. The style and pitch of the roof. view, and if found to be compatible b. The mass and bulk of the pro - with surrounding development; posed structure above thirty (30) feet D. An environmentalassessment (in order to minimize bulk of the upper has been conducted by the Staff En- floor). vironmental Review Committee and c. The architectural appearance, it was determined that this text amend- as exhibited by the type, style, and ment qualifies fora negative declara- shape of the structure and the pro - tion; posed exterior materials. NOW, THEREFORE, the City (C) Application and publichearing Council of the City of Hermosa Beach, requirements for processing excep- California, does hereby ordain the tions to the height limit shall be in following amendments to the zoning accordance with procedures estab- ordinance text: lished by the City Council." SECTION 1. Amend Section 601 SECTION 2. Amend Section 701 of the R-3 Multiple -Family Residen- of the R -P Residential -Professional tial Zone to read as follows: Zone in the same manner as stated SECTION 601 HEIGHT above for Section 601 except that the Intent and Purpose. The intent section numbers shall be "701(A), (B) and purpose of this section is to set a and (C)". standardheight limit formost projects SECTION 3. This ordinance shall in scale with existing development not apply to any projects that have a and to minimize view obstruction. complete building permit application However, to recognize that pre-exist- package ora complete application for ing development in some neighbor- a land use entitlement on file with the hoods and/or clusters of lots are al- City prior to August 25, 1992. Said ready predominantly builthigherthanapplication must include completed Zsheight limit, this section also al- conceptual plans (plot plan, floorplan, lows some projects to exceed the elevation plan, and similar plans) and height limit to enable property owners a lot survey. Projects that have sub- to enjoy .the same rights to view, mitted said complete applications sunlight, and air enjoyed by those must pursue their application in a tlDl property owners with the higher build- ings. This section further sets forth diligent manner and obtain a building permit within 6 months of the effec- iJ�f the conditions and design criteria for tive date of receipt of final approval of i `J determining whether a project is al- a land use entitlement if received lowed to exceed the height limit. after August 25, 1992. • 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.92-1075 AN ORDINANCE OF THE PEOPLE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE PROVISIONS ON THE REGULATION OF ADULT BUSINESSES AND ADOPTING AN ENVIRONMENTAL NEGATIVE DECLARATION. WHEREAS, the City Council held a public hearing on September 221 1992, and made the following Findings: A. The inherent nature of adult businesses are recognized as having potentially objectionable and deleterious operational characteristics; B. The regulation of adult business operations and locations is in the interest of the general public; C. Amendment to the zoning ordinance to regulate adult businesses will not have a significant environmental impact. NOW, THEREFORE, the City Council of the City of Hermosa Beach, California, does hereby ordain an amendment to the zoning ordinance text as follows, and adopts an environmental negative declaration: SECTION 1. Repeal Sections 263, 264, and 265 of the zoning ordinance and replace with the following: Sec. 284. Adult bathhouse. An establishment which provides the services of baths of all kinds, including all forms and methods of hydrotherapy, during which a regular or substantial portion of the services performed involves the display of specified anatomical areas or the occurrence of specified sexual activities. This definition does not apply to hydrotherapy treatment practiced by, or under the supervision of a medical practitioner, medical doctor, physician, chiropractor or similar professional licensed by the State of California. An adult bathhouse is not a form of speech protected by the First Amendment and is not a permitted adult use in the City. Sec. 284.1. Adult bookstore. An establishment that has a regular or substantial portion of its stock -in -trade distinguished or characterized by - 1 - • 2 • 3 4 5 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 • 24 25 26 • 27 28 specified sexual activities or specified anatomical areas, including, but not limited to, books, magazines, periodicals, photographs, films, motion pictures, video cassettes, slides, or other verbal or visual representations that are characterized by a depiction or description of specified sexual activities or specified anatomical areas. An adult bookstore is considered a form of written and visual speech protected by the First Amendment, and as such, is a permitted use in the C-3 zoning district only, subject to approval of a conditional use permit. Sec. 284.2. Adult business. A business establishment in which a "regular or substantial portion" of its stock -in -trade material is specifically intended for the exclusive patronage of adults and/or is precluded from selling such material to minors and/or admitting minors into the premises of the business by Section 313 et. seq. of the California Penal Code. "Regular or substantial portion" is defined as greater than twenty (20) percent of an establishment's stock -in -trade materials and/or services offered to patrons, for compensation or some form of gratuity (see Section 285.3). For the purposes of this ordinance, adult businesses shall refer only to those establishments which involve forms of written or visual speech protected by the First Amendment, specifically adult bookstores, adult cabarets, adult motion picture theaters/arcades, and adult newsracks. This definition does not include businesses primarily characterized by activities not protected by the First Amendment, which specifically refers to adult bathhouses, adult massage parlors, adult motels/hotels, outcall services, and sexual encounter establishments. Sec. 284.3. Adult cabaret. A nightclub, bar, restaurant, or similar establishment featuring live performances in which a regular or substantial portion of such performances involve the exposure of specified anatomical areas and/or the depiction or description of specified sexual activities. An adult cabaret is considered a form of visual speech protected by the First Amendment, and as such, is a permitted use in the C-3 zoning district only, subject to approval of a conditional use permit. Sec. 284.4. Adult massage. Any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, manipulating, or stimulating the external genitalia, breasts or buttocks or the human body with the hands or with the aid of any mechanical, electrical apparatus, or other appliances 01 • 2 • 3 4 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 devices, with or without such supplementary aids such as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment, or similar preparations. Sec. 284.5. Adult massage parlor. An establishment in which a regular and substantial portion) of its services involves adult massages. An adult massage parlor is not a form of speech protected by the First Amendment and is not a permitted adult use in the City. Sec. 284.6. Adult motel/hotel. An establishment offering public accommodations, for any consideration or gratuity, in which a regular or substantial portion of the material and/or services provided to patrons is distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas. An adult motel/hotel is not a form of speech protected by the First Amendment and is not a permitted adult use in the City. Sec. 284.7. Adult motion picture theater/arcade. An establishment in which a regular or substantial portion of its stock -in -trade material, including but not limited to films, motion pictures, video cassettes, picture viewing machines, slide projections, or similar photographic) reproductions, features the exposure of specified anatomical areas or the depiction or description of specified sexual activities. An adult motion picture theater/arcade is considered a form of visual speech protected by the First Amendment, and as such, is a permitted use in the C-3 zoning district only, subject to approval of a conditional use permit. Sec. 284.8. Adult newsrack. Any coin-operated machine or device which has a regular or substantial portion of its stock -in -trade material devoted to the depiction or description of specified sexual activities or specified anatomical areas. An adult newsrack is a permitted use in the C-3 zoning district only, subject to approval of a conditional use permit. Sec. 284.9. Adult paraphernalia. Any instruments or devices that are designed for use in connection with specified sexual activities, including but not limited to the following: (1) any lotions, ointments, oils or similar preparations primarily intended to induce or enhance sexual arousal through external application; (2) any product for internal consumption that is primarily intended - 3 - • 1 2 • 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 • 24 25 26 • 27 28 to induce or enhance sexual arousal; (3) any apparatus depicting the human body and/or specified anatomical areas intended to induce or enhance sexual arousal; and (4) any apparel primarily intended to accentuate specified anatomical areas in order to induce or enhance sexual arousal. Adult paraphernalia is not a form of speech protected by the First Amendment. Sec. 285. Bathhouse. An establishment which provides hydrotherapy treatment practiced by, or under the supervision of a medical practitioner, medical doctor, physician, chiropractor or similar professional licensed by the State of California. If the establishment is not supervised by a licensed medical professional, it shall be defined as an adult bathhouse. Sec. 285.1. Massage parlor. An establishment where a massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist, or similar professional person licensed by the State. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa, or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service. Sec. 285.2. Outcall service. An establishment in which a regular or substantial portion of the services provided involves individuals leaving the premises upon request or by appointment to visit other premises for a period of time for the purpose of providing any service during which time specified anatomical areas are displayed or specified sexual activity occurs. An outcall service is not a form of speech protected by the First Amendment and is not a permitted adult use in the City. Sec. 285.3. Regular or substantial portion. As used herein, regular or substantial portion refers to greater than twenty (20) percent of an establishment's stock -in -trade materials and/or services offered to patrons, for compensation or some form of gratuity. Sec. 285.4. R -Rated As used herein, R -Rated refers to any materials or services which include the display of specified anatomical areas but - 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 FI:3 not the depiction or description of specified sexua activities. Sec. 285.5. Sexual encounter establishment. An establishment in which a regular or substantial portior of the materials and/or services provided involves, for ani form of consideration or gratuity, public accommodation: which provides a place where two or more persons mai congregate, associate, or consort for the purpose of engaginc in specified sexual activities or the exposure of specified anatomical areas. This definition does not include ar establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the State engages in sexual therapy. A sexual encounter establishment is not a form of speech protected by the First Amendment and is not a permitted adult use in the City. Sec. 285.6. Specified anatomical areas. As used herein, specified anatomical areas means and includes any of the following: (1) less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or (2) human male genitals in a discernibly turgid state, even if completely and opaquely covered. Sec. 285.7. Specified sexual activities. As used herein, specified sexual activities means and includes any of the following: (1) the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; (2) sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; (3) masturbation, actual or simulated; or (4) excretory functions as part of or in connection with any of the activities set forth in subdivisions 1 through 3 of this paragraph. Sec. 285.8. X -Rated As used herein, X -Rated refers to any materials or service which include the depiction or description of specifie sexual activities. SECTION 2. Amend Section 10-5 of the zoning ordinance a follows: Sec. 10-5. Adult businesses (over 20% of stock-in-tradf consisting of materials exclusively intended for adults onli, in accordance with Section 313 et. seq. of the California Penal Code), excluding adult newsracks. - 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 The Planning Commission shall deny, approve or approve with conditions to insure the public health, safety and welfare is protected, a conditional use permit subject to the following specific conditions. 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. (1) The exterior walls of the establishment are located more than two hundred (200) feet from the exterior boundaries of any lot or parcel of residentially zoned property. (2) 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. (3) 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 Minors 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 machine per thirty square feet of floor area. All adult businesses that include film or video viewing machines or booths shall provide one 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. U • 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 (10) No adult business, except large screen motion picture theaters/ arcades which shall be closed at midnight, shall operate or be open to the public between the hours of 10:00 p.m. and 10:00 a.m. of the following! day. (11) Advertisements, displays, or other promotional materials shall not be shown or exhibited so as to be visible to the public from exterior areas, and such displays shall be considered signs. (12) No loudspeakers or sound equipment shall be used on the premises that can be discerned from exterior areas. (13) Outdoor signs or similar displays showing nude bodies, topless or bottomless female bodies, or bottomless male bodies shall be prohibited. (14) The establishment shall not adversely affect the welfare of residents and/or nearby commercial establishments. (15) No home delivery of any materials that are distinguished or characterized by the depiction or description of specified anatomical areas or specified sexual activities. SECTION 3. Repeal Section 21-8 of the Municipal Code of the City of Hermosa Beach, which is as follows: Sec. 21-8. Massage parlors, etc. (a) Permit required. No person shall engage in, conduct, manage or carry on the business of giving steam baths, electric light baths, electric tub baths, shower baths, sponge baths, sun baths, mineral baths, Russian, Swedish or Turkish baths, or giving salt glows, or conduct, manage or carry on any place where such baths are given or any public bathing place which has in connection therewith a steam room, dry hot room, plunge, shower bath or sleeping accommodations without written permit from the City Council. No person shall operate a massage parlor or give fomentation, massage, electric or magnetic treatment or alcohol rubs, or conduct, manage or carry on any place where fomentations, massage, electric or magnetic treatments or alcohol rubs are given without a written permit from the City Council. No person shall act as a masseur or masseuse without a written permit from the City Council. (b) Reserved. - 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 SECTION 4. SECTION 5. SECTION 6. (c) Exemption. This section shall not apply to any treatment administered in good faith in the course of the practice of any healing art or profession by any person licensed or permitted to practice any such art or profession under the provisions of the Business and Professions Code or any other law of this state. (Ord. No. 213 N.S., Section 1; Ord. No. 88-933, Section 3, 6-28-88) Amend Section 8-3. C-2, Restricted commercial zone. of the zoning ordinance to remove the following from the permitted use list: "Baths, Turkish, Swedish and steam; conditional use permit required subject to Article 10 of the zoning ordinance and Section 21-8 of the Hermosa Beach Municipal Code;" Amend Section 8-4. C-3, General commercial zone. of the zoning ordinance to remove the following from the permitted use list: "Adult book stores, conditional use permit requ subject to section 10-5;" "Adult theaters, conditional use permit requi subject to section 10-5;" "Videotapes, eighty (80) percent general, selling renting;" "Videotapes, adult, selling or renting solely adul videos. conditional use permit required subject t section 10-5;" Amend Section 8-2. C-1, Neighborhood commercial zone. of the zoning ordinance to include the following on the permitted use list: "Adult paraphernalia, limited to no more than 20% of a business establishment's stock -in -trade, conditional use permit required subject to sectior 10-5.1;" "X -Rated uses and materials protected under the Firs Amendment, limited to no more than 20% of a busines establishment's stock -in -trade, conditional us permit required subject to section 10-5.1;" SECTION 7. Amend Section 8-4. C-3, General commercial zone. of the zoning ordinance to add the following to the permitted use list: 2 • 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 • 24 25 26 • 27 28 SECTION 8. "Adult businesses, conditional use permit required subject to section 10-5;" Add Section 10-5.1 to the zoning ordinance 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. This list of conditions applies to 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. The Planning Commission shall deny, approve or approve with conditions to insure the public health, safety and welfare is protected, a conditional use permit subject to the following specific conditions. 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 businesses and/or where not applicable. (1) 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. (2) 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 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 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. a • 2 • 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 • 24 25 26 • 27 28 (6) The establishment shall not adversely affect the welfare of residents and/or nearby commercial establishments. (7) No home delivery of any materials distinguished or' characterized by the depiction or description of specified anatomical areas or specified sexual activities. (8) The area designated for adult paraphernalia shall be partitioned and screened from view, accessible only to persons eighteen 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 9. SECTION 10. SECTION 11. This ordinance shall become effective and be in full force and effect from and after thirty (30) days of its final passage and adoption. The City Council shall 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. 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. - 10 - • 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 13th day of October 1992, by following vote: AYES: Edgerton, Wiemans_, Mayor Essertier NOES: Benz, Midstokke ABSTAIN: None ABSENT: None PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: CITY CLERK .APPROVED AS TO FORM: CITY ATTORNEY p/ccadord ACTIVITY IDEN'flt'1CATION 1. Location a. Address: CITYWIDE b. Legal: �. Description AMENDMENT OF ZONING ORDINANCE TEXT ON ADULT USE REGULATIONS �. Sponsor a. Name: CITY OF HERMOSA BEACH b. Mailing Address: PLANNING DEPARTMENT, 1315 VALLEY DRIVE HERMOSA BEACH, CA 90254 P ho ne:(310) 318-0242 NEGATIVE DECLARATION In accordance with Resolution 89-5229 of the City of Hermosa beach, which im- plements 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 be- comes final, no comprehensive Enviromnental Impact Report is required for this project. FINDING OF ENVIRONMENTAL REVIEW COMMITTEE We have undertaken and completed an Environmental Impact Review of this pro- posed 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 meas- ures are included in the project, it would not have a significant effect on the environment. Documentation supporting this finding is on file in the Planning Department. /� ' z3/9/ D�� 4j Date of Finding Chairman, Environmental Review Committee FINDING OF THE PLANNING COMMISSION We have undertaken and completed an Environmental Impact Review of this pro- ject in accordance with Resolution 89-5229 of the City Council of Hermosa Beach, and find that this project does not require a comprehensive Environ- mental Impact Report because, provided the attached mitigation measures are included in the project, it would not have a significant effect on the en- vironment. Documentation supporting this finding is on file in the Plann- ing Department. ' '7/ 2 / / `l Z-- • Date'of Finding Chairman, Planning Commission FINDING OF THE CITY COUNCIL We have undertaken and completed an environmental Impact Review of this pro- posed project in accordance with Resolution 89-5229 of the City Council of •Hermosa Beach, and find this project does not require a comprehensive En- vironmental Impact Report because, provided the attached mitigation meas- ures are included in the project, it would not have a significant effect on the environment. Documentation supporting this finding is on file in the Planning Department. Date of Finding Mayor, Hermosa Beach City Council • • 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. 92-1075 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 October, 1992, and was published in the Easy Reader on October 22, 1992. The vote was as follows: • AYES: Edgerton, Wiemans, Mayor Essertier NOES: Benz, Midstokke ABSENT: None ABSTAIN: None DATED: October 22, 1992 • • City C erk 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. am the principal clerk of the printer of the BEACH PEOPLE'S EASY READER ................................................ .................................................... a newspaper of general circulation, printed and published ................... in the City of ..... UeRMW4 ..PMCH,....... 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...?/2i, 19 72, Case Number SwC..22940that 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- ........ rte,/ ................................ all in the year 19.2.. I certify (or declare) under penalty of perjury that the foregoing is true, and correct, Dated at„ HERMOSA BEACH iifornia,thif-2:4:�afk�yof/.n' 1992., Signature Fro* cogi*s of this blank form may bt stcured from CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House P'O. Box 31 Los Angeles. CA 90053 Telephone 625-2541 Please request GE N E RAL Proof of Publication when ordering this form. This space is for the County CgCk's Filing Stamp -'ifs -��(js •. �•• s� ..✓ e .mow. OCT 26 1-9-92 eft 6" e�ty of b+seat�e ` Proof of Publication of CITY OF HERMOSA BEACH ..:....................................................... Paste Clipping of Notice SECURELY In This Space 0 f 0 •J CITY OF HERMOSA BEACH ORDINANCE NO. 92-1075 AN ORDINANCE OF'THE PEOPLE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE PROVISIONS ON THE REGULATION OF ADULT BUSINESSES AND ADOPTING AN ENVIRONMENTAL NEGATIVE DECLARATION. WHEREAS, the City Council held a public hearing on September 22, 1992, and made the following Find- ings: A. The inherent nature of adult businesses is recognized as having potentially objectionable and delete- rious operational characteristics; B. The regulation of adult busi- ness operations and locations is in the interest of the general public; C. Amendment to the zoning ordi- nance to regulate adult businesses will not have a significant environ- mental impact. NOW, THEREFORE, the City Council of the City of Hermosa Beach, California, does hereby ordain an amendment to the zoning ordinance text as follows, and adopts an envi- ronmental negative declaration: SECTION 1. Repeal Sections 263, 264, and 265 of the zoning ordi- nance and replace with the following: Sec. 284. Adult bathhouse. An establishment which pro- vides the services of baths of all �rids, including all forms and meth - of hydrotherapy, during which a llar or substantial portion of the .,rvices performed involves the dis- play of specified anatomical areas or i the occurrence of specified sexual activities. This definition does not apply to hydrotherapy treatment prac- ticed by, or under the supervision of a medical practitioner, medical doc- tor, physician, chiropractor or similar professional licensed by the State of California. An adult bathhouse is not a form of speech protected by the First Amendment and is not a permit- ted adult use in the City. Sec. 284.1. Adult bookstore. An establishment that has a regu- lar or substantial portion of its stock - in -trade distinguished or character- ized by specified sexual activities or specified anatomical areas, includ- ing, but not limited to, books, maga- zines, periodicals, photographs, films, motionpictures, video cassettes, slides, or other verbal or visual repre- sentations that are characterized by a depiction ordescription of specified sexual activities or specified ana- (omical areas. An adult bookstore is considered a form of written and vi- sual speech protected by the First Amendment, and as such, is a per - milted use in the 0-3 zoning district, only, subject to approval of a condi- tional use permit. Sec. 284.2. Adult business. siness establishment in which arorsubstantialportion"of its • stock -in -trade material is specifically intended for the exclusive patronage of adults and/or is precluded from selling such materiattominors and/or - admitting minors into the premises of the business by Section 313 et. seq. of the California Penal Code. "Regu- lar or substantial portion" is defined as greater than twenth (20) percent of an establishment's stock -in -trade materials and/or services offered to patrons, for compensation or some form of gratuity (see Section 265.3). For the purposes of this ordinance, adult businesses shall refer only to those establishments which involve forms of written or visual speech pro- tected by the First Amendment, spe- cifically adult bookstores, adult caba- rets, adult motion picture theaters/ arcades, and adult newsracks. This definition does not include businesses primarily characterized by activities not protected by the First Amend- ment, which specifically refers to adult bathhouses, adult massage parlors, adult motels/hotels, outcall services, and sexual encounter establish- ments. Sec. 284.3. Adult cabaret. A nightclub, bar, restaurant, or similar establishment featuring live performances in which a regular or substantial portion of such perfor- mances involve the exposure of speci- fied anatomical areas and/or the de- piction or description of specified sexual activities. Anadultcabaret is considered a form of visual speech protected by the First Amendment, and as such, is a permitted use in the C-3 zoning district only, subject to approval of a conditional'use permit. Sec. 284.4. Adult massage. Any method of pressure on, or friction against, or stroking, knead- ing, rubbing, tapping, pounding, vi- brating, manipulating, or stimulating the external genitalia, breasts or but- tocks of the human body with the hands or with'the aid of any mechani- cal, electrical apparatus, or other appliances or devices, with or without such supplementary aids such as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment, or similar preparations. Sec. 284.5. Adult massage par- lor. An establishment in which a regu- lar or substantial portion of its ser- vices involves adult massages. An adult massage parlor is not a form of speech protected by the First Amend- . ment and is not a permitted adult use in the -City. Sec. 284.6. Adult motelfhotel. An establishment offering public accommodations, for any consider- ation or gratuity, in which a regular or substantial portion of the material and/or services provided to patrons is distinguished or characterized by an emphasis on the depiction or de- scription os specified sexual activi- ties or specified anatomical areas. An adult motel/hotel is not a form of speech protected by the First Amend- ment and is not a permitted adult use in the City. Sec.284.7, Adult motion picture theater/arcadea An establishment in which a regu- lar or substantial portion of its stock- in-irade material, including- but not limited to films, motion pictures, video cassettes, picture viewing machines, slide projections, or similar photo- graphic reproductions, features the exposure of specified anatomical ar- eas or the depiction or description of specified sexual activities. An adult motion picture theater/arcade is con- sidered a form of visual speech pro- tected by the First Amendment, and as such, is a permitted use in the C- 3 zoning district only, subject to ap- prov_al_of _a -conditional use permit. Sec: 284.8. Adult newsrack. Any coin-operated machine or device which has a regular or sub- stantial portion of its stock-in-trade =materiardevoted to the depiction or description of specified sexual activi- ties or specified anatomical areas. An adult newsrack is a permitted use in the C-3 zoning district only, subject to approval of a conditional use per- mit. Sec. 284.9. Adult parapherna- lia. Any instruments or devices that are designed for use in connection with specified sexual activities, in- cluding but not limited to the follow- ing: (1) any lotions, ointments, oils or similar preparations primarily in- tended to induce or enhance sexual arousal through external application; (2) any product for internal consump- tion that is primarily intended to in- duce or enhance sexual arousal; (3) any apparatus depicting the human body and/or specified anatomical ar- eas -intended to induce or enhance sexual arousal; and (4) any apparel primarily intended to accentuate specified anatomical areas in order to induce or enhance sexual arousal. Adult paraphernalia is not a form of speech protected by the First Amend- ment. Sec. 285. Bathhouse. An establishment which provides hydrotherapy treatment practiced by, or under the supervision of a medical practitioner,'medical doctor, physi- cian, chiropractor or similar profes- sional licensed by the State of Cali- fornia. It the establishment is not supervised by a licensed medical professional, it shall be defined as an adult bathhouse. Sec. 285.1. Massage parlor. An establishment where a mas- sage, alcohol rub, fomentation, elec- tric ormagnetic treatment, or similar treatment or manipulation of the hu-- man u-man body is administered, unless such treatment or manipulation is administered by a medical practitio- ner, chiropractor, acupuncturist, physical therapist, or similar profes- sional person licensed by the State. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa, or similar establishment where mas- sage or similar manipulation of the human body is offered as an inciden- tal or accessory service. Sec. 285.2. Outcall service. An establishment in which a regu- lar or substantial portion of the ser- vices provided involves individuals leaving the premises upon request or by appointment to visit other pre- mises for a period of time for the purpose of providing any service dur- ing which time specified anatomical areas are displayed or specified sexual activity occurs. An oulcall service is not a form of speech prd- tected by the First Amendment and is not a permitted adult use in the City. Sec. 285.3. Regular or substan- tial portion. As used herein, regular or sub- stantial portion refers to greater than twenty (20 percent of an establishment's stock -in -trade mate- rials and/or services offered to pa- trons, for compensation orsome form of gratuity. Sec. 285.4. R -Rated. As used herein, R -Rated refers to any materials or services which in- clude the display of specified ana- tomical areas but not the depiction or description of specified sexual activi- ties. Sec, 285.5. Sexual encounter establishment. An establishment in which a regu- lar or substantial portion of the mate- rials and/or services provided in- volves, for any form of consideration or gratuity, public accommodations which provides a place where two or more persons may congregate, as- sociate, or consort for the purpose of engaging in specified he activi- ties or the exposure of specified ana- tomical areas. This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the State engages in sexual therapy. A sexual encoun- ter establishment is not a form of speech protected by the First Amend- ment and is not a permitted adult use in,the City. Sec. 285.6. Specified anatomi- cal areas. As 'used herein, specified ana- tomical areas means and includes any of the following: (1) less than completely and opaquely covered human genitals, pubic region, but- tocks, anus, or female breasts below a point immediately above the top of the areolae; or (2) human male geni- tals in a discernibly turgid state, even if completely and opaquely covered. Sec. 285.7. Specified sexual activities. As used herein, specified sexual activities means and includes any of the following: (1) the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or fe- male breasts; (2) sex acts, normal or perverted, actual or simulated, in- cluding intercourse, oral copulation or sodomy; (3) masturbation, actual or simulated; or (4) excretory func- tions as part of or in connection with any of the activities set forth in subdi- visions 1 through 3 of this paragraph. Sec. 285.8. X -Rated. As used herein, X=Rated refers to any materials or services which in- clude the depiction or description of specified sexual activities. SECTION 2. Amend Section 10- 5 of the zoning ordinance 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), exluding adult newsracks. The Planning Commission shall deny, approve or approve with condi- tions to insure the public health, safety and welfare is protected, a condi- tional use permit subject to the follow- ing specific conditions. Appropriate and reasonable exceptions may be made by the Planning Commission and/or City Council for conditional use permits imposed in the amortiz- ing of existing adult businesses and/ or where not applicable. (1) The exterior walls of the estab- lishment are located more than two hundred (200) feet from the exterior boundaries of any lot or parcel of residentially zoned property. (2) The exterior walls of the estab- lishment are located more than one thousand (1,000) feet from the exte- rior boundaries of any property zoned or used for school, church or park purposes. (3) The exterior walls of the estab- lishment are located more than one thousand (1,000) feet from the exte- rior 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 staling"Adults Only - No Minors Per- mitted' or equivalent wording. (5) All building openings, entries n r h II be o and windows s designed ged 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 ar- ranged 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 video or viewing machines of booths shall not exceed one machine per thirty square feet of floor area. All adult businesses that include film video or viewing machines or booths shall provide one off-street parking space forevery 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 shalt be sold or consumed on the premises and appropriate notification of this restriction shall be displayed on the premises. (10) No adult business, except large screen motion picture theaters/ arcades which shall be closed at midnight, shall operate or be open to the public between the hours of 10:00 p,m. and 10:00 a.m, of the following day. (11) Advertisements, displays or other promotional materials shall not be shown or exhibited so as to be visible to the public from exterior ar- eas, and such displays shall be.con- sidered signs. (12) No loudspeakers or sound equipment shall be used on the pre- mises that can be discerned from exterior areas. It 3) Outdoor signs or similar dis- plays showing nude bodies; topless or bottomless female bodies, or bot- tomless male bodies shall be prohib- ited. (14) The establishment shall not adversely affect the welfare of resi- dents and/or nearby commercial es- tablishments. (15) No home delivery of any materials that are distinguished or characterized by the depiction or description of specified anatomical areas or specified sexual activities. SECTION 3. Repeal Section 21- 8 of the Municipal Code of the City of Hermosa Beach, which is as follows: Sec. 21-8. Massage parlors, etc. (a) Permit required. No person shall engage in, conduct, manage or carry on the business of giving steam baths, electric light baths, electric tub baths, shower baths, sponge baths; sun baths, mineral baths, Russian, Swedish or Turkish baths, or giving salt glows, or conduct, manage or carry on any place where such bathe are given or any public bathing place which has in connection therewith a steam room, dry hot room, plunge, shower bath or sleeping accommo- dations without written permit from the City Council. No person shall operate a massage parlor or give fomentation, massage, electric or magnetic treatment or alcohol rubs,' or conduct, manage or carry on any place where tomentations, massage, electric or magnetic treatments or P.O. Box 427 im" 832 Hermosa Ave. 0 Hermosa Beach, CA 0 90254-0427 0 (310) 372-4611 • LJ • • alcohol rubs are given without a writ- ten permit from the City Council. No person shall act as a masseur or masseuse without a written permit from the City Council. (b) Reserved. (c) Exemption. This section shall not apply to any treatment adminis- tered in good faith in the course of the practice of any healing art or profes- sion by any person licensed or per- mitted to practice any such art or profession under the provisions of the Business and Professions Code or any other law of this state. (Ord. No 213 N.S'., Section 1; Ord. No 88-933, Section 3, 6-28-88). SECTION 4. Amend Section 8-3. C-2, Restricted commercial zone of the zoning ordinance to remove the following from the permitted use list: 'Baths, Turkish, Swedish and steam; conditional use permit required subject to Article 10 of the.zoning ordinance and Section 21-8 of the Hermosa Beach Municipal Code;' SECTION 5. Amend Section 8.4. C-3, General commercial zone of the zoning ordinance to remove the following from the permitted use list: -Adult took stores, conditional use permit required subject to Section 10- 5:' 'Adult theaters, conditional use permit required subject to section 10- 5;' 'Videotapes, eighty (80) percent general, selling or renting; -Videotapes, adult, selling or rent- ing solely adult videos; conditional use permit required subject to sec- tion 10-5;' SECTION 6. Amend Section 8-2. C-1, Neighborhood commercial zone of the zoning ordinance to in- clude the following on the permitted use list; 'Adult paraphernalia, limited to no more than 20% of a business establishment's stock -in -trade, con- ditional use permit required subject to section 10-5-1;- "X-Rated 0-5.1;"X-Rated uses and materials pro- tected under the First Amendment, limited to no more than 20% of a business establishment's stock -in - trade, conditional use permit required subject to section 10 -5.1; - SECTION 7. Amend Section 8-4. C-3, General commercial zone of the zoning ordinance to add the fol- lowing to the permitted use list: 'Adult businesses, conditional use permit required subject to section 10- 5;' SECTION 8. Add Section 10.5.1 to the zoning ordinance as follows: Sec. 10-5.1. Sale of X -Rated Materials and/or Adult Parapher- nalia in Business Establishments that do not meet "Adult Business" Definition. This list of conditions applies to any retail business in which some, but not greater that twenty (20) per- cent, of its stock -in -trade material meets the "X -Rated" and/or 'Adult Paraphernalia'definitions. The Plan- ning Commission shall deny, approve or approve with conditions to insure the public health, safety and welfare isprotected, a conditional use permit subject to the following specific con- ditions. Appropriate and reasonable exceptions maybe made by the Plan- ning Commission and/or City Council for conditional use permits imposed in the amortizing of existing busi- nesses and/or where not applicable. (1) The public interior areas shall be fully and brightly lighted and ar- ranged so that every portion of the premises is visible immediately upon entrance and so that the entire body A Y S W E E K L Y of any patron is also visible immedi- ately upon entrance to the premises. (2) 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 cov- ered with an opaque material so as not to expose any display of specified anatomical areasor 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 or over. A sign stating "Adults Only - No Minors Permitted" or equivalent wording shall be conspicuously lo- cated at the entrance to the desig- nated 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 a minor could view such objects. (5) Advertisments, displays or other promotional exhibits of any materials depicting specified ana- tomical areas or specified sexual activities shall be prohibited, (6) The establishment shall not adversely affect the welfare of resi- dents and/or nearby commercial es- tablishments. (7) No home delivery of any mate- rials distinguished or characterized by the depiction or description of specified anatomical areas or speci- fied sexual avtivities. (8) The area designated for adult paraphernalia shall be partitioned and screened from view, accessible only to persons eighteen years of age and over. A sign stating "Adults Only - No Minors Permitted' or equivalent word- ing shall be conspicuously located at the entrance to the designated adult area. SECTION 9. This ordinance shall become effective and be in full force and effect from and after thirty (30) days of its final passage and adop- tion. SECTION 10. The City Council shall designate the City Attorney to prepare a summary of this ordinance to be published pursuant to Govern- ment Code Section 36933(c) (1) in lieu of the full text of said ordinance. Prior to the expiration of fifteen days (15) 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 circu- lation, published and circulated in the City of Hermosa Beach. SECTION 11. The City Clerk shall .certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of said City, and shall make minutes of the 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 October, 1992 by the following vote: AYES:Edgerton, Wiemans, Mayor Essertier NOES: Benz, Midstokke ABSTAIN: None ABSENT: None ROBERT ESSERTIER PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: Elaine Doerfling, City Clerk APPROVED AS TO FORM Charles L. Vose, City Attorney: P.O. Box 427 ® 832 Hermosa Ave. 0 Hermosa Beach, CA o 90254-0427 0 (310) 372-4611 ER 10/22/92 HBL-555 • 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. 92 -1076 AN ORDINANCE OF THE CITY OF HERMOSA BEACH AMENDING THE HERMOSA BEACH MUNICIPAL CODE WITH RESPECT TO ESTABLISHING A PROCEDURE FOR ISSUANCE OF AN EXCEPTION TO THE REFUSE CONTAINER REQUIREMENTS. THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 27A-3 of the Hermosa Beach Municipal Code is hereby amended by adding thereto sub -paragraph (e) to read as follows: "(e) Exception. When in the public interest and agreed to by the applicant, the Planning Commission may, without publishing, posting or mailing of notice consider and render decisions on exceptions to this Section 27A-3 involving the location, size, and slight modifications to the requirements for refuse containers, not to include the removal or location within a public right of way. In granting an exception, the Planning Commission shall make the following findings: (1) There are exceptional or extraordinary circumstances or conditions applicable to the subject property involved; (2) Such an exception is necessary for the preservation and enjoyment of a substantial property right of the applicant and the exception authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the same vicinity; and • 1 2 0 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 • 24 25 26 • 27 28 (3) The granting of the exception will not be materially detrimental to the public health, safety, convenience and welfare or injurious to property and improvement in the same vicinity in which the property is located. Application for an exception shall be filed by the owner of the property, or by the authorized representative of the owner, and shall be made to the Planning Commission on forms furnished by the Planning Department and shall be full and complete, including such data as may be prescribed by the Planning director to assist in determining the validity of the request. When the application for an exception is filed, a uniform nonrefundable fee shall be paid for the purpose of defraying the cost incidental to the proceedings. Such charges and fees to be rendered shall be those which the City Council may from time to time determine, fix, and establish by resolution duly and regularly adopted by it. The decision of the Planning Commission shall be final unless appealed to the City Council. Such appeal shall be filed with the City Clerk within ten days after the decision, and shall be placed on the agenda of the City Council at a regular meeting within thirty (30) days of the appeal. The City Council shall review the application and shall approve, approve with conditions deemed necessary to protect the public health, safety and welfare, or disapprove it, based on the findings listed above." • 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. This ordinance shall become effective and be in full force and effect from and after thirty (30) days of its final passage and adoption. Section 3. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of general circulation published and circulated in the City of Hermosa Beach, in the manner provided by law. Section 4. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED, and ADOPTED this 13th day of October 1992. President of the City Council and Mayor of the City of Hermosa Beach, California ATTEST: r�� r City Clerk APPROVED AS TO FORM: V0'2e-r City Attorney 0 C • 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. 92-1076 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 October, 1992, and was published in the Easy Reader on October 22, 1992. The vote was as follows: • AYES: Benz, Edgerton, Wiemans, Mayor Essertier NOES: Midstokke ABSENT: None ABSTAIN: None DATED: October 22, 1992 • • City C erk PROOF OF PUBLICATION (2015.5 C.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 prindpal clerk of the printer of the BEACH PEOPLE'S EASY READER ..................................................... a newspaper of general circulation, printed and published ....NgnX.................... in the City of .....URKWA.0 ....... 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...9121, 19.72, 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' ...........' �a ............................ all in the year 19.92 I certify (or declare) under penalty of perjury that the foregoing is true, and correct. Dated at„ HERMOSA BEACH ••.•.......•.. lifornia, thi!� ...?...�y of=�: :, 19 92.. 7 Signatures Fr** coals of this blank form may b* slitcurtd from i • CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House PSO. Box 31 Los Angeles, C4 90053 Telephone 625.2541 Please request GENERAL Proof of Publication when ordering this form. This space is for the County Cfer*'s Filing Stamp c 'i E _ >! � O CT 2' 1992. i- Ct'v Clerk .` rpt, of Hernosa B00Cti Proof of Publication of CITY OF HERMOSA BEACH ................................................. ••••••, ••••• ........ changes and fees to be rendered o// ^i shall be those which the City Council may from time to time determine, fix, and establish by resolution duly and 4 regularly adopted by it. The decision of the Planning Com - 1 mission shall be final unless appealed CITY OF HERMOSA BEACH tothe CityCouncil. Such appeal shall ORDINANCE 92-1076 be tiled with the City Clerk within ten AN ORDINANCE OF THE CITY OF days after the decision and shall be HERMOSA BEACH AMENDING placed on the agenda the City THE HERMOSA BEACH Council ata refutes meeting within MUNICIPAL CODE WITH thirty eal.Th RESPECT TO ESTABLISHING A shays review h ahoy Council shall review the application Council PROCEDURE FOR ISSUANCE OF and shall approve, approve with con - AN EXCEPTION TO THE REFUSE dieons deemed necessary to protect CONTAINER REQUIREMENTS. andwelfare, -THECITYCOUNCIL OFTHE CITY or disapprove it, based on the find - ordisa disapheaprove it, HERMOSA BEACH DOES ngs listed above." HEREBY ORDAIN AS FOLLOWS: SECTIONtThis ordinance shall SECTION 1. Section 27A-3 of the become effective and be in full tone Hermosa Beach Municipal Code is and effect from and after thirty (30) hereby amended by adding thereto days of its 1in81 passage and adop- sub -paragraph (e) to read as follows: tion. "(e) Exception. When in the public SECTION 3. Prior to the expira- interest and agreed to by the appli- tion of fifteen (15) days after the date cant, the Planning Commission may, of its adoption, the City Clerk shall wilhouipublishing , posting ormailing cause this ordinance to be published of notice consider and render deci- in the Easy Reader, a weekly news- sions on exceptions to this Section paperof general circulation published 27A-3 involving the location, size, and circulated in the City of Hermosa and slight modifications to the re- Beach, in the manner provided by quirements for refuse containers, not law. to include the removal or location SECTION 4. The City Clerk shall within a public right of way. In grant- certifytothepassage and adoption of ing an exception, the Planning Com- this ordinance, shall enter the same mission shallmake the following find - in the book of original ordinances of Ings: said city, and shall make minutes of (1) There are exceptional or ex- the passage and adoption thereof in lraordinary circumstances or condi- the records of the proceedings of the tions applicable to the subject prop- City Council at which the same is erty involved; passed and adopted. (2) Such an exception is neces- PASSED, APPROVED AND sary for the preservation and enjoy- ADOPTED this 13th day of October, ment of a substantial property fight of 1992' the applicant and the exception au- ROBERT ESSERTI_F R thorized shall not constitute a grant of PRESIDENT of the City Council special privilege inconsistent with the and MAYOR of the City of limitationsupon other properties in Hermosa Beach, California the same vicinity; and ATTEST: (3) The granting of the exception will not be materially detrimental to Elaine Doerfling; City Clerk the public health, safety, convenience. APPROVED AS TO FORM: Charles S. Vose, City Attorney and welfare or injurious to property The Vote was as follows: AYES' and improvement inthesame vicinity Benz, Edgerton, Wiemans, Mayor in which the property is located. Essertier Application for an exception shall NOES: Midstokke be filed by the owner of the property, ABSENT: None ABSTAIN: None orbythe authorized representative of ER 10/22/92 HBL-556 the owner, and shall be made to the . Planning Commission on forms fur- ' nished by the Planning Department and shall befulland complete, in- cluding such data as may be pre- scribed by the Planning Director to assist in determining the validity of the request. When the application for an exception is filed, a uniform nonrefundable fee shall be paid for the purpose of defraying the cost incidental to the proceedings. Such c: • C7 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 92-1077 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE TEXT TO ELIMINATE SECTION 7.2-27 REGARDING CONDITIONAL APPROVAL OF CONDOMINIUM CONVERSIONS AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION WHEREAS, the City Council held a public hearing on October 13, 1992, to consider oral and written testimony and made the following Findings: A. Section 7.2-27 is an unnecessary section which allows applicants to request condominium conversions which would otherwise not be permissible, and includes vague and unclear language which is misleading and potentially could create problems of applicants offering donations to the City to gain approval; B. An environmental assessment has been conducted by the staff environmental review committee and this project was determined to qualify for a negative declaration. NOW, THEREFORE, the City Council of the City of Hermosa Beach, California, hereby ordains the amendment of the zoning ordinance text as follows: SECTION 1. C1'Mt1TTl11.T 7 0utlm7n" '] C-0tt IM -r WT A Eliminate Sec. 7.2-27. Conditional approval. This ordinance shall become effective and be in full force and effect from and after thirty (30) days of its final passage and adoption. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of general circulation published and circulated in the City of Hermosa Beach, in the manner provided by law. 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 - 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 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 , 1992, by following vote: AYES: Benz, Edgerton, Midstokke, Wiemans, Mayor Essertier NOES: None ABSTAIN: None ABSENT: None PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: ,p CITY CLERK APPROVED AS TO FORM:: CITY ATTORNEY p/persconv - 2 - ACTIVITY IDLN'fik'1CATION 1. Location a. Address: City wide b. Legal: N/A •2. Description Text amendment to the zoning ordinance to eliminate Section 7.2-27 regarding conditional approval of condominium conversions •3. 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 im- plements 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 be- comes final, no comprehensive Enviromnental Impact Report is required for this project. FINDING OF ENVIRONMENTAL REVIEW COMMITTEE We have undertaken and completed an Environmental Impact Review of this pro- posed project in accordance with Resolution 89-5229 of the City Council of Hermosa Beach, and find that this project does not require a comprehensive Environmental Impact Report because,e-v-i-deat*eheda-do-ra-meas --ti-r-e-s-a r -e n -c 1 -u -d -e -d n -t h-e-p.r-o j -e c t, it would n o t have a significant effect on the environment. Documentation supporting this finding is on file in the Planning Department. 8-6-92 4-e:i" Date of Finding Cha rman, E vironmental Review Committee FINDING OF THE PLANNING COMMISSION We have undertaken and completed an Environmental Impact Review of this pro- ject in accordance with Resolution 89-5229 of the City Council of Hermosa Beach, and find that this project does not require a comprehensive Environ- mental Impact Report because, p ev,^e,d-mat4 a-t-i-on-meas-ur-e-s-a-r-e iel-ude•d �n the^Y�4-c-t, it would not have a significant effect on the en- vironment. Documentation supporting this finding is on file in the Plann- ing Department. jo-21-I/— 0 Date of Finding Chairman, Planning Comission FINDING OF THE CITY COUNCI We have undertaken and completed an environmental Impact Review of this pro- posed project in accordance with Resolution 89-5229 of the City Council of •Hermosa Beach, and find this project does not require a comprehensive En- vironmental Impact Report because,evded-the-�ttac-hed—t�tiga-ti-on-meas- ta-e�-a-r e i-ati�-u d•e•d�^-t-h-e-p•r-o j-e•c-t , i t would n o t have a significant effect on the environment. Documentation supporting this finding is on file in the Planning Department. 7- 5a �<JD� Date of Findina Mayor, Hermosa Beach City Council • 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. 92-1077 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, -1992, and was published in the Easy Reader on November 5, 1992. The vote was as follows: • AYES: Benz, Edgerton, Midstokke, Wiemans, Mayor Essertier NOES: None ABSENT: None ABSTAIN: None DATED: November 5, 1992 • • City Cfferk PROOF OF PUBLICATION (2015.5 C.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 ........ County of Los Angeles, and which newspaper has been adjudged a newspaper 41 of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of ... 9/21 19.7 2, Case Number ., S WC..2 29 4 Q that the notice, of which the annexed is a printed copy (set irf'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: 11/5 .••••••••••••••••..........••..•.••........•.... all in the year 19.9 2 . I certify (or declare) under penalty of perjury that the foregoing is true and correct. Oated at,,,, HERMOSA..BEACH............... • California, this., 5th., ayaf..NOV., 19 92. i Signature • flea* coot" of this blank form may be s*afr" +rote: CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House P.O. Box 31 Los Angeles, CA 90053 ?ol*phone 625-25A1 Plass* r"U"t G i N H RAL Proof of Pubriealloe wham ord*riny this form. This space is for the County Clerk's Filing Stamp Proof of Publication of CITY OF HERMOSA BEACH ...... ... ............. .... ..... and made the following Findings: A. Section 7.2-27 is an unneces- sary section which allows applicants o s to request condominium conversions which would otherwise not be per- missible, and includes vague and �! unclear language which is mislead- ing and potentially could create prob- CITY OF HERMOSA BEACH lems of applicants offering donations to the City to gain approval: ORDINANCE N0.92-1077 AN ORDINANCE OF THE CITY OF B. An environmental assessment has been conducted by the staff en- HERMOSA BEACH, CALIFORNIA, vironmental review committee and AMENDING THE ZONING this project wasdeterminedloqualify ORDINANCE TEXT TO for a negative declaration. ELIMINATE SECTION 7.2-27 NOW, THEREFORE, the City REGARDINGCONDITIONAL Council oftheCityof Hermosa Beach, APPROVAL OF CONDOMINIUM California, hereby ordains the amend - CONVERSIONS AND ADOPTION ment of the zoning ordinance text as OF AN ENVIRONMENTAL follows: NEGATIVE DECLARATION SECTION 1. Eliminate Sec. 7.2 - WHEREAS, the City Council held 27. Conditional approval. a public hearing on October 13,1992, SECTION 2. This ordinance shall to consider oral and written testimony 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 If 5) 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 4. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 27th day of October, 1992. ROBERT ESSERTIER PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: Elaine Doedling, City Clerk APPROVED AS TO FORM: Charles S. Vose, City Attorney The vote was as follows: AYES: Benz, Edgerton, Midstokke, Wiemans, Mayor Essertier NOES: None ABSTAIN: None ABSENT: None ER 11/5/92 HBL-557 PD 4ss•a0 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. 92-1078 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 30, ARTICLE III, TRANSIENT OCCUPANC TAX, SECTION 30-12. DEFINITIONS. WHEREAS, pursuant to California Revenue and Taxation Code 7280, cities may levy a tax on the privilege of occupying a rooff in a hotel, inn... motel or other lodging unless the occupancy i for any period of more than 30 days; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 30-12 of Chapter 30, Article III, Transient Occupancy Tax, of the Hermosa Beach City Code, entitled "Definitions," "Transient" is hereby amended to read as follows: "Transient" means: (1) any person as defined in this Section 30-12 who exercises, for any period of time, occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement; or (2) any individual who personally exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement, for a peri of 30 consecutive calendar days or less. Any such person or individual so occupying space in a hotel shall be deemed to be a transient. SECTION 2. This ordinance shall become effective immediately upon its final passage and adoption pursuant to Government Code Section 36937 (d). SECTION 3. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this - 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 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, shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED and ADOPTED on this 27th day of October 1992. PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: CITY CLERK APPROVED AS TO FORM: ck"� J. 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. 92-1078 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, 1992, and was published in the Easy Reader on November 5, 1992. The vote was as follows: • AYES: Benz, Edgerton, Midstokke, Mayor Essertier NOES: Wieraans ABSENT: None ABSTAIN: None DATED: November 5, 1992 • • City C erk PROOF OF PUBLICATION- ( 2015.5 G.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 ........................................... _t .................................................... a newspaper of general circulation, printed and published .•. WEEKLY ..................... in the City of ... HERMOSA..BEACH .......•. ........... County of Los Angeles, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of,,,. 21 19.... , Case Number .. S WC..2 2 9 4 Q 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: 1 .............ll5................................ all in the year 19.22 . I certify (or declare) under penalty of perjury that the foregoing is true and correct. • Oated at..... ERMOS .•.BEA•••CH CC. •.•••••.•..••• California, this.. .5th....day of•. NOV. , 19 •.•••••:•:•••;1.�. /j Signature • Free Cool of tris bfanit term may be secured from: CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House P.O. Box 31 Los Angeles, CA 90053 Telephone 625-2541 Please r"Vost GtNtRAL Proof of Pvbacatlor when ordering this form. This space is for the County Clerk's Filing Stamp Proof of Publication of CITY OF HERMOSA BEACH •... ............................................ Transient" means: any person as defined in this ��'•(1) .o Section 30-12 who exercises, forany period of time, occupancy or is en- 8 titled to occupancy by reason of con- cession, permit, right of access, li- cense or other agreement; or (2) any individual who personally CITY OF HERMOSA BEACH exercises occupancy or is entitled to ORDINANCE NO. 92-1078 occupancy by reason of concession, AN ORDINANCE OF THE CITY permit, right of access, license or COUNCIL OF THE CITY OF other agreement, for a period of 30 HERMOSA BEACH, CALIFORNIA, consecutive calendar days or less. AMENDING CHAPTER 30, Any such person or individual so ARTICLE III, TRANSIENT occupying space in a hotel shall be OCCUPANCY TAX, SECTION 30- deemed to be a transient. 12. DEFINITIONS. SECTION 2. This ordinance shall WHEREAS, pursuant to Califor- become effective immediately upon nia Revenue and Taxation Code I its final passage and adoption pursu- 7280, cities may levy a tax on the ant to Government Code Section privilege of occupying a room in a 36937(d). hotel, inn., motel or other lodging I SECTION 3. Prior to the expira- unless the occupancy is for any pe- q tion of fifteen (15) days after the date riod of more than 30 days; of its adoption, the City Clerk shall NOW, THEREFORE, THE CITY cause this ordinance to be published COUNCIL OF THE CITY OF HER- in the Easy Reader, a weekly news- MOSA BEACH, CALIFORNIA, DOES paper of general circulation published HEREBY ORDAIN AS FOLLOWS: and circulated in the Cityof Hermosa SECTION 1. Section 30-12 of Beach, in the manner provided by Chapter 30, Article III, Transient Oc. law. cupancy Tax, of the Hermosa Beach SECTION 4. The City Clerk shall City Code,entitled"Definitions,""Tran- certify to the passage and adoption of sient" is hereby amended to read as this ordinance, shall enter the same follows: 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, 1992. ROBERT ESSERTIER 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, City Attorney The vote was as follows: AYES, Benz, Edgerton, Midstokke, Mayor Essertier NOES: Weimans ABSTAIN: None ABSENT: None ER 1115192 HBL-558 Pq- As( • 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 92-1079 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING ORDINANCE TEXT REGARDING STANDARD CONDITIONS FOR ON -SALE AND OFF -SALE ALCOHOL ESTABLISHMENTS AND TO CHANGE THE MANDATED CONDITIONS FOR OTHER CONDITIONALLY PERMITTED USES TO RECOMMENDED CONDITIONS AND TO ADOPT AND ENVIRONMENTAL NEGATIVE DECLARATION A. Some of the standard conditions for alcohol establishments need modification; B. The standard conditions for other conditionally permitted uses, including off -sale and off -sale alcohol establishments, while applicable in most case, should be recommended conditions, not mandated; C. An environmental assessment has been conducted by the staff environmental review committee and this project was determined to qualify for a negative declaration. NOW, THEREFORE, the City of Hermosa Beach, California, does hereby ordain that the zoning ordinance text be amended as follows: SECTION 1. Amend the first paragraph of Section 10-7, On -sale alcohol beverage establishments to read as follows: "The following minimum conditions shall be impesed en 14 establishments engaged in the--eff-sale of a-leehel-i-e-beverages- 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:" Amend the first paragraph of Section 10-8, Off -sale alcohol beverage establishments into two paragraphs to read as follows (sub -section (1) becomes the first paragraph, and the first paragraph, as amended, becomes the second paragraph) and re- number the sub -sections (2) through (15) as (1) through (14): "Any new off -sale alcohol beverage establishments shall be a minimum of one -hundred (100) feet from any residential use and/or zone. • 2 • 3 4 5 6 7 8 9 10 11 12 13 . 14 15 16 17 18 19 20 21 22 23 • 24 25 26 is 27 28 The following minimum conditions shall impesed en all estoflrr4}1111Pnts Pi1CjaH7Pd in the eff-sal-e-e 1--ver-ages - and standards, in addition to any other deemed necessary or appropriate to ensure compatibility with existing or future permitted use in the vicinitv, may be required: 11 SECTION 2. Amend Sections 10-7(8) and 10-8(9) (to be re- numbered to 10-8(8)) to read as follows: "The police chief may determine that a continuing police problem exists and may rete authorize the presence of a police approved doorman and/or security personnel to eliminate the problem, and then shall submit a report to the Planning Commission, which will automatically initiate a review of this conditional use permit by the Commission. SECTION 3. Eliminate from Section 10-7(4) the last phrase "and to control flies" SECTION 4. Amend the first paragraphs of Sections 10-3, Coin- operated, self-service car wash and 10-9.1, by changing the word "shall" to "may". SECTION 5. Add a paragraph to Section 10-4, Service Stations (gasoline sales), in front of sub -section (1) to read as follows: "The following uses and activities, and minimum conditions and standards, in addition to any other deemed appropriate or necessary to ensure compatibility with existing or future permitted use in the vicinity, may be allowed and/or required:" SECTION 6. Amend the first paragraph of Section 10-9, Day care homes, large, to read as follows: "The Planning Commission shall grant a permit if all of the following conditions are met, and may waive said conditions when deemed appropriate:" SECTION 7. Amend the first paragraphs of Section 10-11, Recycling, small collection facilities, and Section 10-12, Recycling, large collection facilities, to read as follows: "The followingr minimum conditions and standards which apply to the siting of a collection facility, in addition to any other deemed necessary or appropriate to ensure compatibility with existing or future permitted uses in the vicinity, may be required:" SECTION 8. This ordinance shall become effective and in be in • • • • 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 full force and effect from and after thirty (30) days of its final passage and adoption. SECTION 9. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of general circulation published and circulated, in the City of Hermosa Beach, in the manner provided by law. SECTION 10. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. LH/CCORD PASSED, APPROVED, and ADOPTED this 15th day of December 1 1992, by the following vote: AYES: Benz, Edgerton, Mayor Essertier NOES: Midstokke, Wiemans ABSTAIN: None ABSENT: None PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: CITY CLERK APP D AS TO FO * V'Oze CITY ATTORNEY ACTIVITY IDENTik'ICATION 1. Location a. Address: City wide b. Legal: N/A �. Description Text amendment to the zoning ordinance regarding standard conditions for on -sale and off -sale alcohol establishments �• Sponsor a. Name: City of Hermosa Beach b. Mailing Address: 1315 Valley Drive, HPrmnca Reach., rA a -n254 Phone: (310) 318-0242 NEGATIVE DECLARATION In accordance with Resolution 89-5229 of the City of Hermosa beach, which im- plements 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 be- comes final, no comprehensive Enviromnental Impact Report is required for this project. FINDING OF ENVIRONMENTAL REVIEW COMMITTEE We have undertaken and completed an Environmental Impact Review of this pro- posed 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, .�p-r-av i -de d -t h -e -a -t t o -c h -e d -m t i g -a -t i e•n---m-a-a-s-- clu•d•ed in-th•e-prof-e-e-t, it would not have a significant effect on the environment. Documentation supporting this finding is on file in the Planning Department. �-3-qv- o Date of Finding Chairman, Environmental Review Committee FINDING OF THE PLANNING COMMISSION We have undertaken and completed an Environmental Impact Review of this pro- ject in accordance with Resolution 89-5229 of the City Council of Hermosa Beach, and find that this project does not require a comprehensive Environ- mental Impact Report because, •pr_oar&ded-th-e atta-ched. m-itig.at.i;o,n -m.ea.s.u_re-s®a-r-e i-r�cidedn®the-project, it would not have a significant effect on the en- vironment. Documentation supporting this f nding is on file in the Plann- ing Department. ,/ 1^_* •Date of Finding Chairman, Planning Commission FINDING OF THE CITY COUNCIL We have undertaken and completed an environmental Impact Review of this pro- posed project in accordance with Resolution 89-5229 of the City Council of •Hermosa Beach, and find this project does not require a comprehensive En- vironmental n- vinonmental Impact Report because, =p -r -o v i-d-e•d-t h -e- -a t-t.a-c h e d—m i t i -g -a t i -e n�-m e.a•s - trra-s a -r- emud.e-d n-th•e-p-r-of-ect, it would not have a significant effect on the environment. Documentation supporting this finding is on file in the Planning Department. 1a- 15- 9Q� Date of Findinq Mayor, Hermosa Beach City Council • • 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. 92-1079 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 15th day of December, 1992, and was published in the Easy Reader on December 24, 1992. The vote was as follows: AYES: Benz, Edgerton, Mayor Essertier NOES: Midstokke, Wiemans ABSENT: None ABSTAIN: None DATED: December 17, 1992 • City erk 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 .... WUJF TiY ................... in the City of ..... URMQ,S,A .MqH•••,•... 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• •.9121, 19 72 , 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: I This space is for the County Clerk's Filing Stamp Proof of Publication of CITY OF HERi'10SA BEACH .......................................................... B. The standard conditions for other conditionally permitted uses, including off -sale and off -sale alco- hol establishments, while applicable in most cases, should be recom- mended conditions, not mandated; C. An environmental assessment has been conducted by the staff en- vironmental review committee and this project was determined to qualify for a negative declaration. NOW, THEREFORE, the City of Hermosa Beach, California, does hereby ordain that the zoning ordi- nance text be amended as follows: SECTION 1. Amend the first para- graph of Section 10-7, On -sale alco- hol beverage establishments to read as follows: "The following minimum condi- tions aleeheliebevereges and standards. in addition to any otherdeemed nec- aryorappropriate to ensure com- patibility with existing or future oer- mitted use in the vicinity, may be M it " Amend the first paragraph of Sec- tion 10-8, off -sale alcohol beverage establishments into two paragraphs to read as follows (sub -section (1) becomes the first paragraph, and the first paragraph, as amended, becomes the second paragraph) and re -num- ber the sub -sections (2) through (15) as (1) through (14): "Any new off -sale alcohol b v r- age establishments shall be a mini- mum of one -hundred f100) feet from any re id ntial uc and/or on The following minimum conditions heAe beveieQes and standards. in addition to any other deemed neces- sary or appropriate to ensure com- patibility with existing or future per- mitted use in the vicinity. may be r `" SECTION 2. Amend Sections 10- 7(8) and 10-8(9) (to.be re -numbered to 10-8(8)) to read as follows: 'The police chief may determine that a continuing police problem ex- ists and may require authorize the presence of a police approved door- man and/or security personnel toelimi_ natetheproblem andthenshallsub- mit a report to the Planning Commis- sion which will automatically initial a review of this conditional use permit by the Commission. SECTION 3. Eliminate from Sec- tion 10-7(4) the last phrase "and to control flies. SECTION 4. Amend the first para- graphs of Sections 10-3, Coin-oper- ated, self-service car wash and 10- 9.1, by changing the word "shall" to 'may,' . SECTION 5. Add a paragraph to Section 10-4, Service Stations (gaso- line sales). in front of sub -section (1) to read as follows: 'The following uses and ac"vi i and minimum conditions and stan- dards in addition to anyothgrdeemed appropriate or necesja[y to ensure compatibility with existing or future permitted use in the vicinity may bb allowed and/or req rig red:" SECTION 6. Amend the first para- graph of Section 109, Day care homes, large, to read as follows: 'The Planning Commission shall grant a permit if all of the following conditions are met, and may waive said ggDdiJiQ0S when deemed -poro- priate" SECTION 7. Amend the first para- graph's of Section 1010-11, Recycling, small collection facilities, and Section 10-12, Recycling, large collection fa- cilities, to read as follows: 'The following minimum condition c and standards which apply to the sit - in0ofacollection fadlity in addition to any other deemed necessary or ao- propriate to ensure compatibility with existing or for f utti@ permitted uses in the vicinity, may be reauired:" SECTION 8. This ordinance shall' become effective and be in full force and effect from and after thirty (30) days of its final passage and adoption. SECTION 9. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of general circulation published and cir- culated in the City of Hermosa Beach, in the manner provided by law. SECTION 10. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED and ADOPTEDthis 15thdayof December, 1992, by the following vote: AYES: Benz, Edgerton, Mayor Essertier NOES: Midstokke, Wiemans ABSTAIN: None ABSENT: None ROBERT ESSERTIER PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: Elaine Doerfling, City Clerk _J APPROVED AS TO FORM: Charles S. Vose, City Attorney ER 12/24/92 HBL-561 .. ....................f r••' all in the year 19.92.. f I certify (or declare) under penalty of perjury that the foregoing Is true and CITY OF HERMOSA BEACH correct. ORDINANCE NO. 92-1079 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, Dated at, HERMOSA BEACH TO AMEND THE ZONING ORDINANCE TEXT REGARDING •••••••• •...... •••••••• ..... STANDARD CONDITIONS FOR ON -SALE AND OFF -SALE ...... � California, thl'. ...day of.....-:.., 19 92•, ALCOHOL ESTABLISHMENTS AND TO CHANGE THE ( — V ] / MANDATED CONDITIONS FOR PERMIED S TO L// RECOMMENDED CO • ........... • • ...... .... /Signature AND TO ADOPT AN ENVIRONMENTAL NEGATIVE 6•DECLARATION A Some of the standard condi- Free copies of this blank form may be secured from: ti s foralcohol establishments need mpattgn; •CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. j Legal Advertising Clearing House P50. Box 31 Los Angeles, CA 90053 Telephone 625-2541 Please request GENERAL Proof of Publication when ordering this form. B. The standard conditions for other conditionally permitted uses, including off -sale and off -sale alco- hol establishments, while applicable in most cases, should be recom- mended conditions, not mandated; C. An environmental assessment has been conducted by the staff en- vironmental review committee and this project was determined to qualify for a negative declaration. NOW, THEREFORE, the City of Hermosa Beach, California, does hereby ordain that the zoning ordi- nance text be amended as follows: SECTION 1. Amend the first para- graph of Section 10-7, On -sale alco- hol beverage establishments to read as follows: "The following minimum condi- tions aleeheliebevereges and standards. in addition to any otherdeemed nec- aryorappropriate to ensure com- patibility with existing or future oer- mitted use in the vicinity, may be M it " Amend the first paragraph of Sec- tion 10-8, off -sale alcohol beverage establishments into two paragraphs to read as follows (sub -section (1) becomes the first paragraph, and the first paragraph, as amended, becomes the second paragraph) and re -num- ber the sub -sections (2) through (15) as (1) through (14): "Any new off -sale alcohol b v r- age establishments shall be a mini- mum of one -hundred f100) feet from any re id ntial uc and/or on The following minimum conditions heAe beveieQes and standards. in addition to any other deemed neces- sary or appropriate to ensure com- patibility with existing or future per- mitted use in the vicinity. may be r `" SECTION 2. Amend Sections 10- 7(8) and 10-8(9) (to.be re -numbered to 10-8(8)) to read as follows: 'The police chief may determine that a continuing police problem ex- ists and may require authorize the presence of a police approved door- man and/or security personnel toelimi_ natetheproblem andthenshallsub- mit a report to the Planning Commis- sion which will automatically initial a review of this conditional use permit by the Commission. SECTION 3. Eliminate from Sec- tion 10-7(4) the last phrase "and to control flies. SECTION 4. Amend the first para- graphs of Sections 10-3, Coin-oper- ated, self-service car wash and 10- 9.1, by changing the word "shall" to 'may,' . SECTION 5. Add a paragraph to Section 10-4, Service Stations (gaso- line sales). in front of sub -section (1) to read as follows: 'The following uses and ac"vi i and minimum conditions and stan- dards in addition to anyothgrdeemed appropriate or necesja[y to ensure compatibility with existing or future permitted use in the vicinity may bb allowed and/or req rig red:" SECTION 6. Amend the first para- graph of Section 109, Day care homes, large, to read as follows: 'The Planning Commission shall grant a permit if all of the following conditions are met, and may waive said ggDdiJiQ0S when deemed -poro- priate" SECTION 7. Amend the first para- graph's of Section 1010-11, Recycling, small collection facilities, and Section 10-12, Recycling, large collection fa- cilities, to read as follows: 'The following minimum condition c and standards which apply to the sit - in0ofacollection fadlity in addition to any other deemed necessary or ao- propriate to ensure compatibility with existing or for f utti@ permitted uses in the vicinity, may be reauired:" SECTION 8. This ordinance shall' become effective and be in full force and effect from and after thirty (30) days of its final passage and adoption. SECTION 9. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of general circulation published and cir- culated in the City of Hermosa Beach, in the manner provided by law. SECTION 10. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED and ADOPTEDthis 15thdayof December, 1992, by the following vote: AYES: Benz, Edgerton, Mayor Essertier NOES: Midstokke, Wiemans ABSTAIN: None ABSENT: None ROBERT ESSERTIER PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: Elaine Doerfling, City Clerk _J APPROVED AS TO FORM: Charles S. Vose, City Attorney ER 12/24/92 HBL-561 F- s • 91 lA e 0 0 0 • ' 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. 92-1080 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE TO PROHIBIT THE CREATION OF SECOND UNITS, PURSUANT TO SECTION 65852.2(c) OF THE STATE GOVERNMENT CODE, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION WHEREAS, the City Council held a public hearing on December 15, 1992, to consider the recommendation of the Planning Commission and to receive and consider oral and written testimony on precluding second units and made the following Findings: A. Pursuant to State Government Code 65852.2(c) the City may adopt an ordinance to preclude the creation of second units to existing single-family dwellings, in single-family and multi- family zones; B. Although precluding second units on single family lots in the City of Hermosa Beach may limit housing opportunities in the region, that prospect is mitigated by the following reasons: 1. Hermosa Beach is almost 98% built out, and as currently developed is the most dense community in terms of housing and population in the South Bay region, and is ranked ninth in terms of population density in Los Angeles County. Thus based on comparative densities, as documented in the City's Housing Element, Hermosa Beach is already providing more than its fair share of housing opportunities in the region for a community of its size, and should not be expected to substantially increase its share; 2. Hermosa Beach already provides for and allows for additional multi -family housing, as 48% of all residential lots in the City are already developed or permitted for two units or more. A recent land use inventory shows that current General Plan and Zoning designations would allow for approximately an additional 500 housing units to be built, or an increase of about 5.2 percent, almost all of this to be located in designated medium and high density areas. Thus, additional housing opportunities are available because of multi -family zoning and additional opportunities are not necessary. 3. Hermosa Beach already allows the addition of second units on single-family lots for "granny" housing for one or two adults of at least 60 years of age. 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. Allowing the creation of second units on single family lots will result in the following specific adverse impacts on public health safety and welfare both citywide and locally within single-family neighborhoods; 1. The creation of second units on all single-family lots in the City would increase the maximum potential of dwelling units in the city by 2,892 units (about thirty (30) percent more than the existing housing stock), resulting in increased population, density and congestion throughout the whole City, and also within neighborhoods which were otherwise established to create a low density character and to promote stability within these neighborhoods. The quality of life and character of Hermosa Beach would potentially suffer significant adverse impacts from a 30% increase in dwelling units; 2. The potential increase in housing and population by the addition of second units would impact the school system by adding up to 320 new students (based on the 1990 census ratio between school age children and dwelling units) while the school district is currently operating over capacity as recently indicated by the addition of temporary classroom buildings; 3. The potential increase in automobile traffic caused by the addition of second units would worsen existing and forecasted traffic conditions as it would result in the addition of substantial increased vehicle trips per day (up to 17,500) on the local street network citywide, which already has 4 signalized intersections at level of service (LOS) rating E or F and 7 of 14 major unsignalized intersections operating above capacity. Also, significant adverse impacts on specific neighborhoods may be caused by additional traffic and result in increased exposure to potential accidents and noise within neighborhoods specifically established to limit these types of impacts; 4. The addition of second units in single-family areas will exacerbate the existing parking deficiencies that frequently occur throughout the city, as documented in the Circulation, Transportation and Parking Element of the General Plan. Although additional on-site parking spaces that would be added for residents of second units will partially compensate for the increased demand, it is not possible to fully compensate for the additional off- site parking demand resulting from the additionalguests and visitors as no additional street parking capacity is 2 • 2 • 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 • 24 25 26 • 27 28 available or can be provided on local streets. 5. An increased use of automobiles would be caused by the addition of second units thereby causing an overall increase in auto emissions and causing adverse impacts on local and regional air quality; 6. The potential increased density and additional building intensity would decrease already limited areas of private open space, gardens, and landscaped areas; thereby reducing air circulation, light, and privacy amenities of the existing housing stock. This would occur in neighborhoods specifically established to provide these amenities. Further, given the small lot sizes and history of development unique to Hermosa Beach, which has resulted in substandard setbacks and limited yard areas in many single family areas, the impact of reducing these amenities is compounded. 7. The addition of second units would generate additional sewage of up to 500,000 gallons per day (potentially up to a 100% increase on sewer lines that service individual single-family streets) causing a severe impact on an overall system which is already at capacity or deficient in many locations and is being retrofitted to handle a capacity consistent with housing densities envisioned by the General Plan. Therefore the potential increase in dwelling units may require resizing of existing lines and potential future capacity shortages; 8. The potential additional construction would increase impervious surface areas, which are already rather substantial, thus increasing the speed and quantity of stormwater runoff into the storm sewer and drainage systems of the city, which are deficient or at capacity in many single-family areas of the City (as stated in the adopted Housing Element of the General Plan) and specifically in the "Valley" area of the city where the storm drains were found in a recent study to be unable to handle a 1 -year flood event (L.A. County flood control study) while the accepted standard is that storm drain systems should handle a 50 -year flood event. Therefore, with the addition of second units, the likelihood of flooding would. increase or costly upgrading of storm sewer capacity which the City cannot undertake given current revenue constraints; 9. The addition of second units would increase the residential generation of solid waste (by up to about • • • • 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 3600 tons per year, or, an 18% increase in total solid waste generated by the City) and thereby impact trash pick-up services and increase the City's contribution of solid waste to regional land fills, additionally the additional solid waste generation will make it more difficult for the City to comply with the California Integrated Waste Management Act of 1989, which includes specific mandated amounts of waste reduction through recycling; 10. The addition of second units on single family lots, because of the service needs of the additional population, will impact the level of service and/or cost of fire, police, other emergency services, and administrative services.. More specifically, the following services would be impacted for the reasons noted: a. The City's water service is already in need of upgrading to meet minimum standards to provide adequate water pressure for fire protection throughout the city. As stated in the Housing Element of the General Plan, some single-family areas in the City are deficient in comparison with National fire -flow standards, and the problem would be exacerbated with the addition of second dwelling units. b. The additional number of kitchens per structure or 'per lot would increase potential fire hazards, which coupled with increased density and congestion increases fire and paramedic response time, thereby impacting the level and/or cost of fire and paramedic services; c. Allowing second units behind existing structures or within existing structures reduces "defensible" space visible from the street, thereby providing opportunities for burglaries which will impact the level and/or cost of police services.. d. The addition of second units within or behind existing structures may increase the difficulty of quickly locating an identified address when providing police, fire, or paramedic responses to emergency calls. e. The current per capita number of police officers, fire personnel, and paramedics, and administrative 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 personnel, and the level of service currently being provided based on these numbers, would be adversely impacted by an increase in population without off- setting revenue increases to add personnel. The addition of second units will create an insufficient increase in property tax and other tax revenues to off -set the additional needs of the added population. 11. The potential substantial increase of second units on single-family lots added to the marginal anticipated additional development in multi -family zones could add over 35% to the City's total population, which the carrying capacity of the area is not prepared to handle. D. An environmental assessment has been conducted by the staff environmental review committee and this text amendment was determined to qualify for a negative declaration. NOW, THEREFORE, the City Council of the City of Hermosa Beach, California, based on the findings above, does hereby ordain the following amendments to the Zoning Ordinance: SECTION 1. Add Section 4-2 sub -section (11) to read as follows: "Second Units - The creation of second units_ on single-family lots is prohibited, pursuant to Government Code Section 65852.2(c), based on the findings of the City Council as contained in Ordinance No. 92-1080, which acknowledge that housing opportunities may be limited in the region, and further, makes certain findings of specific adverse impacts on the public health, safety and welfare that would otherwise result if second units were permitted. SECTION 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. The City Council shall 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 5 • • • 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 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. SECTION 5. The adoption of this ordinance amendment to preclude second units on single family lots will terminate if so ordered by a court of competent jurisdiction. At that time, ordinance No. 92-1081 will be implemented, to allow second units in the limited circumstances described therein. PASSED, APPROVED, and ADOPTED this 14th day of January, 1993, by the following vote: AYES: Edgerton, Midstokke, Mayor Essertier NOES: Wiemans ABSTAIN: None ABSENT: Benz PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: CITY CLERK APPROVED AS TO FOR/M,: s CITY ATTORNEY lh/ccor2nd R ACTIVITY iDDN'fit'1C:ATiUN 1. Location a. Address: City wide b. Legal: N/A •2. Description Text amendment to the zoning ordinance to provide opportunities for the creation of secnnd units nursuan to Se_ inn 6x)892.2 of th'. Stat'. Government Code 03. Sponsor a. Name: C'it�z of Hprmnsa Reach 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 im- plements 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 be- comes final, no comprehensive Enviromnental Impact Report is required for this project. FINDING OF ENVIRONMENTAL REVIEW COMMITTEE We have undertaken and completed an Environmental Impact Review of this pro- posed 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, pFe vide4-he attaehed—mitigatien meas - r1 includAd in the pr pwt, it would not have a significant effect on the environment. Documentation supporting his finding is on file in the Planning Department. lo Date of Finding Charman, En onmental Review Committee FINDING OF THE PLANNING COMMISSION We have undertaken and completed an Environmental Impact Review of this pro- ject in accordance with Resolution 89-5229 of the City Council of Hermosa Beach, and find that this project does not require a comprehensive Environ- mental Impact Report because, Provided th.-e—a-ttached mitinati_on�mensuxes—a_r_e ,ree�ttded ire thy—�.�-ct, it would not have a significant effect on the en- vironment. Documentation supporting this finding is on file in the Plann- ing Department. 11 /? ' *Ta—te of Finding Chairman, Pl,hnning Commission FINDING OF THE ,CITY COUNCIL We have undertaken and completed posed project in accordance with •Hermosa Beach, and find this proj vironmental Impact Report because -ur—e -S re the environment. Documentation Planning Department. otli--gs an environmental Impact Review of this pro - Resolution 89-5229 of the City Council of ect does not require a comprehensive En- pr-evidedtr;htached it would not have a significant effect on supporting this finding is on file in the Date of Findina Mayor, Hermosa Beach City Counc • 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. 92-1080 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 January, 1993, and was published in the Easy Reader on January 21, 1993. The vote was as follows: • AYES: Edgerton, Midstokke, Mayor Essertier NOES: Wiemans ABSENT: Benz ABSTAIN: None DATED: January 21, 1993 • U City (Aerk PROOF OF PUBLICATION (2015.5 C.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 ..... �U.; LY ................... 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„9„/2j,, 19 72., Case Number SWC,. 22940..; that the notice, of which the annexed is a printed copy (sat 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 21 .................................................. all in the year 199 3 1 certify (or declare) under penalty of perjury that the foregoing is true and correct. Oated at „ I RMOSA. BEACH .. ................................. Californi , this 2lst...day of..Jan._, 19.9.3. r ........... .............. ............... « ...... Signa e free cosies at MIS brans fern may be mored from: CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House P.O. Box 31 Los Angeles, CA 90053 Telephone 625-2541 PieasereouesfGaENGRAL Proof 44 PUbilcafion when ordering this form. This space is for the County Cleric's Filing Stamp % 'i y •� t E City , --k Ctty of r! rmcsa wash •� ,s; Proof of Publication of CITY OF HERMOSA BEACH HBL-566 SECTION 3. Summary of urai- nance to be published in the Easy Readerwithin15days after adoption. SECTION 4. Provides that the or •u City Clerk shall certify to the passage ° f and adoption of this Ordinance, enter 1 the same in the book of original ordi- nances and make minutes of the CITY OF HERMOSA BEACH passage and adoption thereof in the SYNOPSIS OF ORDINANCE NO. records oflheproceedings oflheCity 92-1080 AN ORDINANCE OF THE Council at which the same is passed. CITY OF HERMOSA BEACH, and adopted. .^.ALIFORNIA, AMENDING THE SECTION 5. Adoption of this Or - ZONING ORDINANCE TO dinance. amendment will terminate if PROHIBIT THE CREATION OF so ordered by a court of competent SECOND UNITS, PURSUANT TO jurisdiction. At that time, Ordinance SECTION 65852.2(c) OF THE No: 92-1081 will be implemented to STATE GOVERNMENT CODE, allow second units in the limited cir- AND ADOPTION OF AN cumstances described therein. ENVIRONMENTAL -NEGATIVE PASSED, APPROVED and DECLARATION ADOPTED this 1411h day of January, WHEREAS,theCity Council held 1993, by the following vote: a public hearing on December 15, VOTE: AYES 1992, to consider the recommenda- Edgerton, Midstokke, Mayor tion ofthe Planning Commission and Essertier to receive and cons{der oral and writ- — - ten testimony on precluding second NOES: Wiemans units and made the following Find- ABSTAIN: None ings: ABSENT: Benz A. Pursuant to State Government ROBERT ESSERTIER Code'§65852.2(c) the City may PRESIDENT of the City Council adopt an ordinance to preclude and MAYOR of the City of the creation of second units to Hermosa Beach, California existing single-family dwellings, ATTEST: in single-family and multi -family Elaine Doerfling, City Clerk zones; APPROVED AS TO FORM: B. Although precluding second units Charles S. Vose, City Attorney on single-family lots may limit housing opportunities, that ER 1/21/93 HBL-566 prospect is mitigated by recited factors. C. Allowing the creation of second units on single-family lots will have certain specific adverse impacts on public health, safety and welfare both citywide and within single-family neighborhoods which are recited in the ordinance. D. An environmental assessment has been conducted by the staff environmental review committee and this text amendment was detenninedto quafifyfora negative declaration. NOW, THEREFORE, the City Council of the City of Hermosa Beach, California, based on the findings above, does hereby ordain the fol- lowing amendments to the Zoning Ordinance: SECTION 1. Add Section 4-2 sub. section (11) to read as follows: 'Second Units — The creation of second units on single-family lots is prohibited, pursuant fo Government Code Sek,•tion 65852.2(c), based on the findings of the City Council as contained in Ordinance No. 92-1080, which acknowledge that housing op- portunities may be limited in the re- gion, and further, makes certain find- ings of specific adverse impacts on the public health, safety and welfare that would otherwise result it second units were permitted.” SECTION 2. Ordinance to be ef- fective thirty (30) days after its final Passage and adoption. 1?er\1D iA rJa. V� B L - 5C,� (a..I 143 owner -occupant may apply for a conditional use permit, ORDINANCE NO. 92-1081 1 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND •THE ZONING ORDINANCE TEXT TO PROVIDE OPPORTUNITIES FOR THE 2 CREATION OF SECOND UNITS PURSUANT TO SECTION 65852.2(a) OF THE STATE GOVERNMENT CODE AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE 3 DECLARATION • 4 WHEREAS, the City Council held a public hearing on December 5 15, 1992, to receive and consider oral and written testimony on 6 this matter and made the following Findings: 7 A. Pursuant to State Government Code 65852.2(a) the City may 8 provide for the creation of second units in single-family and 9 multi -family zone to an existing single-family dwelling; 10 B. Recognizing Hermosa Beach is the most dense community in terms 11 of housing and population in the South Bay region, and the 9th 12 most dense in population in L.A. County, and based on the 13 findings of Ordinance No. 1080, the prohibition of second 14 units is justified, however, if these finding are found to be 15 invalid the creation of second units should be limited only to 16 those lots of sufficient size where a second unit would have 17 minimal impact on surrounding single-family character; 18 C. Allowing second units only on lots of over 6,700 square feet will provide the City's fair share of additional housing in 19 20 the region, especially when considered in conjunction with the City's multiple -family zones, which contain 48% of all 21 residential lots in the City; 22 D. An environmental assessment has been conducted by the staff 23 • 24 environmental review committee and this text amendment was determined to qualify for a negative declaration. 25 26 NOW, THEREFORE, the City of Hermosa Beach, California, does • hereby ordain the following amendments to the zoning ordinance: 27 SECTION 1 Amend Section 4-2 sub -section 1(a) to read as follows: 28 "(a). Second Units, conditional use permit required. An owner -occupant may apply for a conditional use permit, • • • • 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 for a second unit, subject to review and approval by the Planning Commission of the design and architecture of the second unit, if all the following standards are met: The unit is not intended for sale and may be rented The second unit has a maximum floor area of six hundred (600) square feet but shall not exceed in any case 30% of the floor area of the existing dwelling. The lot contains at least six thousand seven hundred (6,700) square feet. Parking shall be provided pursuant to the parking standards of the zoning ordinance for two-family dwellings. All other requirements of the R-1 zone shall be met for each dwelling unit, and all other applicable requirements of the zoning ordinance shall be met." SECTION 2. This ordinance shall be effective from the date of adoption in accordance with law but shall not be applied unless a court of competent jurisdiction invalidates Ordinance No. 10801 adopted on January 14, 1993, at which time this ordinance shall be immediately applicable. 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 14th day of January 1993, by following vote: AYES: Edgerton, Midstokke, Mayor Essertier NOES: Wiemans ABSTAIN: None ABSENT: Benz PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California .ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY ACT 11'1'Y iL)L.i` T Lr iC_AIiUN 1. Location a. Address: City wide b. Legal: N/A 02. Description Text amendment to the zoning ordinance to provide opportunities for the creation of second units pLrsuan to Sec inn 65892-2 cf rhe Stara Government Code • 3. 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 im- plements 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 be- comes final, no comprehensive Enviromnental Impact Report is required for this project. FINDING OF ENVIRONMENTAL REVIEW COMMITTEE We have undertaken and completed an Environmental Impact Review of this pro- -posed 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, pFevide& the attaehed- ures are included t -ha n��, it would not have a significant effect on the environment. Documentation supporting his f � ding is on file in the Planning Department. lC —Lf - Date of Finding Chaifman, Enbrronmental Review Committee FINDING OF THE PLANNING COMMISSION We have undertaken and completed an Environmental Impact Review of this pro- ject in accordance with Resolution 89-5229 of the City Council of Hermosa Beach, and find that this project does not require a comprehensive Environ- mental Impact Report because, provi6 a rho at-tarhera mitigation maa_q„rPS arc .L41 ded in the rare-ct, it would not have a significant effect on the en- vironment. Documentation supporting this finding is on file in the Plann- ing Department. ,r? • Date of Finding Chairman, Pl,bnning Commission FINDING OF THE CITY COUNCIL We have undertaken and completed an environmental Impact Review of this pro- posed project in accordance with Resolution 89-5229 of the City Council of •Hermosa Beach, and find this project does not require a comprehensive En- vironmental Impact Report because, p5evidea the attached mitigation moan -yes are included in the ^T, -t, it would not have a significant effect on the environment. Documentation supporting this finding is on file in the Planning Department. -C)I I -93 Date of Findina Mayor, Hermosa Beach City Council • • 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. 92-1081 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 January, 1993, and was published in the Easy Reader on January 21, 1993. The vote was as follows: • AYES: Edgerton, Midstokke, Mayor Essertier NOES: Wiemans ABSENT: Benz ABSTAIN: None DATED: January 21, 1993 • • 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 ....... UWKI;Y................... in the City of ...., HERMOS.A..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„ 2.1.2. ,,, 197.2., Case Number ?WC., 2 2 9 40,,; 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 21 .................................................... all in the year 1923.. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Gated at,.I]ERMOSA BEACH ............................. *California, is..2lst,da ofJ"n.:., 19.M. ........... ..... ... ..... « ...... Signatu' ffeei<spi is of this blank f0m may ed y be s"Urfrom: • CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House P.O. Box 31 Los Angetiets, CA 90053 Tatietphonat 625-2541 PfoasoreauestGgNERAL Proof of Publication when ordering this form. This space is for the C.ounty.Cl,erlc's Filing Stamp y; f 7 -)S3 ! Proof of Publication of CITY OF HERMOSA BEACH .......................................................... HBL-567 .......................................................... a � p8. o 0 CITY OF HERMOSA BEACH ORDINANCE NO. 92-1081 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING ORDINANCE TEXT TO PROVIDE OPPORTUNITIES FOR THE CREATION OF SECOND UNITS, PURSUANT TO SECTION 65852.2(a) OF THE STATE GOVERNMENT CODE, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION WHEREAS, the City Council held a public hearing on December 15, 1992, to receive and consider oral and written testimony on this matter and made the following Findings: A. Pursuant to State Government Code §65852.2(a) the City may provide for the creation of second units in single-family and multi- family zones to an existing single- _,,-.farfuIy dwelling; B. R'ecdgnizing Hermosa Beach is ,thelmost dease community in terms of houging and population in theSouth'Bay region, and the 9th most dense in population in L.A. County, and based on the findings of Ordinance No. 1080, the prohibition of second units is i justified, however, ifthese findings are foundto be invalid, the creation of second units should be limited only to those lots of sufficient size where a second unit would have minimal impact on surrounding single-family character; C. Allowing second units only on lots of over 6,700 square feet will provide the City's fair share of additional housing in the region, especially when considered in conjunction with the City's multiple -family zones, which contain 48% of all residential lots in the City; D. An environmental assessmentrhes been conducted by the staff environmental review committee and this text amendment was determined to qualify fora negative declaration. NOW, THEREFORE, the City of Hermosa Beach, California, does hereby ordain the following amend- ments to the Zoning Ordinance: SECTION 1. Amend Section 4-2 -subsection 1(a) to read as follows: "(a) Second Units, conditional use permit required. An owner -occupant may apply for a conditional use per- mit for a second unit, subject to re- view and approval by the Planning Commission of the design and archi- tecture of the second unit, if all the following standards are met: The unit is not intended for sale and may be rented. The second unit has a maximum floor area of six hundred (600) square feet but shall -not exceed in any case 30% of the floor area of the existing dwelling. The lot contains at least six thousand seven hundred (6,700) square feet. Parking shall be provided pursuant to the parking standards of the zoning ordinance for two-family dwellings. At) otherrequirementsofthe R-1 zone shall be met for each dwelling unit, and all other applicable requirements of the zoning ordinance shall be -met:" SECTION 2. This Ordinance shall be effective from the date of adoption in accordance with law but shall not be applied unless a court of compe- tent jurisdiction invalidates Ordinance No. 1080, adopted on January 14, 1993, at which time this ordinance shall be immediately'applcable. SECTION 3. Prior to the expira- tion of fifteen (15) days atter the date of its adoption, the City Clerk shall , cause this Ordinance to be published in the Easy Reader, a weekly news- paper of generalcirculation, published and circulated in the City of Hermosa Beach, in the manner provided by law. SECTION 4. The City Clerk shall certify tothe passage and adoption of this Ordinance, shall enter the same in the book of original ordinances 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 January, 1993, by the following vote: VOTE:AYES Edgerton, Midstokke, Mayor Essertier NOES: Wiemans ABSTAIN: None ABSENT: Benz ROBERT ESSERTIER 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, City Attorney ER 1/21/93 HBL-567' �f>3L-50 1ital/g3 • • CJ C. 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 ORDINANCE NO. 92-1082 A PETITION INITIATIVE ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CREATING AND DESIGNATING THE "BILTMORE SITE" AS OPEN SPACE O -S-2, TO ENSURE ITS PRESERVATION AND USE AS A PUBLIC PARR. WHEREAS, the citizens of Hermosa Beach find and declare that the City -owned Biltmore Site property shall be saved from commercial and residential development, because of existing problems of parking, density, congestion, traffic, and air and noise pollution from traffic in the immediate area and elsewhere in Hermosa Beach. WHEREAS, steps have to be taken to improve our quality of life, our environment, and to help save our earth. Therefore, the Biltmore Site shall be landscaped, and maintained as a 100% Open Space Oceanfront Strand Public Park with grass, trees, and flowers for present and future generations to enjoy. THE PEOPLE OF THE CITY OF HERMOSA BEACH DO ORDAIN AS FOLLOWS: SECTION 1. That the City -owned property commonly known as the Biltmore Site (hereinafter referred to as "Biltmore Site") shall be landscaped, and maintained as a 100% Open Space O -S-2, Oceanfront Strand Public Park, with grass, trees, and flowers for present and future generations to enjoy. SECTION 2. That the Municipal Zoning Code of the City of Hermosa Beach (the "Code") is hereby amended to add a new zone designated as O -S-2, Restricted Open Space, as follows: "Intent and Purpose. The 0-S-2 Zone is intended to restrict further the use of certain designated open space to assure permanent open space for - 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 public park purposes. Permitted Uses. A Public Park --with landscaping, beautification, grass, trees, flowers, plants and other uses if specifically authorized as a permitted improvement herein. Permitted Improvements. Improvements in the O -S-2 Zone shall be as follows: (a) Only non -building public improvements relating to landscaping, beautification -- grass, trees, flowers, plants, soil, unobtrusive park lighting, some benches to view the ocean, existing public utilities, one flag pole for our American Flag, and erosion and irrigation improvements to assure permanent open space for park purposes shall be permitted. (b) No buildings, malls, plazas, or structures -- temporary or permanent in nature -- shall be built, developed, constructed or erected on the Biltmore Site. (c) Softscape shall include grass, trees, plants, soil, flowers, and shall be artistically designed to cover all of the Biltmore Site. (d) The use and improvements to the park are to ensure a natural, peaceful, serene and safe environment to improve and enhance the quality of life in Hermosa Beach." SECTION 3. Ordinance No. 91-1062 is hereby repealed and the Land Use Element of the Hermosa Beach General Plan and the official zoning map are modified by reclassifying and rezoning certain property commonly known as the Biltmore Site. - 2 - 0 • • • 1 2 3 4 5 6 7 8 9' 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 4. The Biltmore Site is hereby reclassified as O -S-2 Open Space Two under the Land Use Element of the General Plan (hereinafter the "General Plan") and rezoned as O -S-2 Open Space Two. SECTION 5. For the purposes of this ordinance and the rezoning reclassification of the subject property, the Biltmore Site is defined as follows: (a) The Biltmore Site consists of that certain property identified as Lots #1 through 9, inclusive, Lots 19, 20, and 32 all in Block 15 of the Hermosa Beach Tract in the City of Hermosa Beach, County of Los Angeles, State of California, as per map recorded in Book 1, pages 25, 26 of Maps in the Office of the County Recorder of said county, together with all of the vacated portion of Beach Drive and 15th Court adjacent to the above noted lots. SECTION 6. The City shall seek necessary approvals from the California Coastal Commission for the amendments made by this ordinance and take all further actions necessary to implement and enforce the terms and intent of this ordinance. SECTION 7. If any section or sub -section of this ordinance is for any reason held invalid or unenforceable, such holding shall not affect in any respect the validity of the remaining portions of this ordinance or any such part thereof. SECTION S. There shall be no modifications, amendment, or repeal of any provision of this ordinance without a vote of the people. SECTION 9. Any ordinance which is adopted concurrently with - 3 - • • • • 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 this ordinance which receives less votes and is in conflict with any provisions herein shall be repealed in its entirety and be of no force and effect. SECTION 10. This ordinance shall take effect in the manner prescribed by law. SECTION 11. This ordinance shall only take effect if it receives a majority vote of the people. SECTION 12. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be posted as required by law. SECTION 13. Funding for the improvements, landscaping and maintenance of the Park shall come from the following source: (a) Parks and Recreation monies. SECTION 14. Additional funding for the improvements, landscaping and maintenance of the Park may come from the following sources: (a) Private donations -- money, trees, flowers, soil, grass, etc. (b) Volunteers to help landscape the Biltmore Site by planting grass, flowers and trees, etc. (c) Fundraisers and other sources should they become available. SECTION 15. The Biltmore Site is not to be sold, leased, nor consolidated with other land, or lands, without a vote of the people. - 4 - • 1 2 3' • 4I 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTEST: City Clerk Ordinance No. 1082 PASSED, APPROVED AND ADOPTED BY THE ELECTORATE OF THE CITY OF HERMOSA BEACH AT THE SPECIAL MUNICIPAL ELECTION ON NOVEMBER 3, 1992, BY THE FOLLOWING VOTE: AYES - 6,772 NOES - 4,106 PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, Californ - 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 ORDINANCE NO. 93 - 1083 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCII OF THE CITY OF HERMOSA BEACH AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES ORDAIN AS FOLLOWS: Section 1. That an amendment to the contract between the City Council of the City of Hermosa Beach and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit, and by such reference made a part hereof as though herein set out in full. Section 2. The President of the City Council and Mayor of the City of Hermosa Beach is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency. Section 3. This Ordinance shall take effect thirty (30) days of its adoption, and prior to the expiration of fifteen (15) days from the passage thereof shall be published at least once in the Easy Reader, a newspaper of general circulation, published and circulated in the City of Hermosa Beach and thenceforth and thereafter the same shall be in full force and effect. PASSED, APPROVED and ADOPTED this 9th day of March, 1?N- PRESIDENT df the City Council and MAYOR of the 'City of Hermosa Beach, California ATTEST: City Clerk APPROVED AS TO FORM: e4�11n j g , City Attorney • AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE • PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of above public agency, hereinafter referred to as Public Agency, having entered into a contract effective July 1, 1952, and witnessed June 24, 1952, and as amended effective December 1, 1956, August 1, 1962, October 1, 1964, June 1, 1979, April 1, 1980, October 1, 1981, February 1, 1983 and January 1, 1986, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 11 are hereby stricken from said contract as executed effective January 1, 1986, and hereby replaced by the following paragraphs numbered 1 through 12 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement • Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 60 for local miscellaneous members and age 50 for local safety members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after July 1, 1952 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members). • C. Employees other than local safety members (herein referred to as local miscellaneous members). C. • 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: • a. SCHOOL CROSSING GUARDS HIRED ON OR AFTER DECEMBER 1, 1956; AND b. PERSONS COMPENSATED ON AN HOURLY BASIS EMPLOYED ON OR AFTER OCTOBER 1, 1964. 5. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member shall be determined in accordance with Section 21251.13 of said Retirement Law (2% at age 60 Full). 6. The percentage of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21252.01 of said Retirement Law (2% at age 50 Full). 7 Public Agency elected to be subject to the following optional provisions: a. Sections 21380-21387 (1959 Survivor Benefits) excluding Section 21382.2 (Increased 1959 Survivor Benefits) and Section 21382.4 (Third Level of 1959 Survivor Benefits). • b. Sections 21263, 21263.1 and 21263.3 (Post -Retirement Survivor Allowance) for local safety members only. C. Section 20930.3 (Military Service Credit as Public Service), Statutes of 1976, for local miscellaneous members and local police members only. d. Section 20024.2 (One -Year Final Compensation). 8. Public Agency, in accordance with Government Code Section 20740, ceased to be an "employer" for purposes of Section 20759 effective on April 1, 1980. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20759, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20759. 9. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. • 10. Public Agency shall also contribute to said Retirement System as follows: a. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. • b. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. • 11, Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law, 12. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the 14 day of April 19 93 BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF THE • CITY OF HERMOSA BEACH BY BY — CHIEF, CONTRACT SERVICES DIVISION Presidng Officer PUBLIC EMPLOYEES' RETIREMENT SYSTEM Witness Date Attest: Q Clerk PERS-CON-702 (AMENDMENT) • (Rev. 10/92) 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. 93-1083 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 09th day of March, 1993, and was published in the Easy Reader on March 18, 1993. The vote was as follows: is AYES: Benz, Edgerton, Essertier, Midstokke, Mayor Wiemans NOES: None ABSENT: None ABSTAIN: None DATED: March 19, 1993 U • City Cler PUBLIC EMPLOYEES' RETIREMENT SYSTEM Contract Services Division Public Agency Contract Services P. 0. Box 942709 Sacramento, CA 94229-2709 (916) 326-3420 (916) 326-3240 (TDD) I hereby certify that the CERTIFICATION OF FINAL ACTION OF GOVERNING BODY CITY COUNCIL (governing body) of the CITY OF HERMOSA BEACH adopted on (public agency) March 9, 1993 , by an affirmative vote of a majority of the members of said Governing Body, (date) • ORDINANCE No.93-1083 approving the attached contractual agreement between (Ordinance/Rtsolutim) the Governing Body of said Agency and the Board of Administration of the Public Employees' Retirement System, a certified copy of said Ordinance in the form furnished by said (Ordinance or Resolution) • Board of Administration being attached hereto. Date PERS-CON-5 C0614 (Rev. 12/92) Clerk/Secretary Title • City of 2krmosaTeadv ► Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254.3885 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. 93-1083 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 March, 1993. The vote was as follows: AYES: Benz, Edgerton, Essertier, Midstokke, Mayor Wiemans NOES: None ABSENT: None ABSTAIN: None DATED: March 11, 1993 • 0 Elaine Doerfling, ity CIerk PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of 'Los Angeies, I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the printer of the BEACH PEOPLE'S EASY READER .................................................... • a newspaper of general circulation,printed and published.....YIUEKW ................... 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 Mof the County of Los Angeles, State of California, under the date of„9,/,za,, 19 72., Case --Number?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 and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: .March 18th .................•............•.••............... all in the year 199 3 .. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at..jIERMOSA BEACH ............................... 93 0 California, this .. 18th ...... day of March i9 .... ( iq.. . Signatur This space is for the County Clerk's Filing Stamp Proof of Publication of CITY OF HERMOSA BEACH .......................................................... HBL-570 .......................................................... In ,_ - CITY OF HERMOSA BEACH ORDINANCE NO. 93-1083 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH AND THE BOARD OF ADMINISTRATION OF i THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. THE CITY COUNCIL OF THE CITY' OF HERMOSA BEACH DOES OR- DAIN AS FOLLOWS: Section 1. That an amendment to the contract between the City Council of the City of Hermosa Beach and the Board of Administration, California Public Employees' Retirement Sys - I tem is hereby, authorized, a copy of said amendment being attached hereto, marked Exhibit, and by such reference made a part hereof as though herein set out in full Section 2. The President of the City Council and Mayor of the City of Hermosa Beach is hereby authorized, empowered, and directed to execute said amendment for and on behalf of, said Agency. Section 3. This Ordinance shall take effect thirty (30) days of its adop- tion, and prior to the expiration of fifteen (15) days from the passage thereof shall be published at least once in the Easy Reader, a newspa- per of general circulation, published and circulated in the City of Hermosa Beach and thenceforth and thereaf- ter the same shall be in full force and effect. PASSED, APPROVED and ADOPTED this 9th day of March, 1993. Albert Wiemans 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, City Attorney VOTE: AYES: Benz, Edgerton, Essertier, Midstokke. Mavor Wiemans Rree cotaits of this blank fern may be flacur” from: CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House P.O. Box 31 a\0`° ��� Los Angeles, CA 90053 Telephone 625-25A1 P1taser"uoatGRNERAL Proof of Publication when ordorinq ibis form. NOES: None ABSENT: None AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH The Board of Administration, Pub- lic Employees' Retirement System, hereinafter referred to as Board, and the governing body of above public agency, hereinafter referred to as Public Agency, having entered into a contract effective July 1, 1952, and witnessed June 24, 1952, and as amended effective December 1, 1956, August 1, 1962, October 1, 1964, June 1, 1979, April 1, 1960, October 1, 1981, February 1, 1983 and January 1, 1986, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 11 are hereby stricken from said contract as executed effective January 1. 1986, and hereby replaced by the following paragraphs numbered 1 through 12 inclusive: 1. All words and terms used herein which are defined in the Public Em- ployees' Retirement Law shall have the meaning as defined therein un- less otherwise specifically provided. "Normal retirement age" shall mean age 60 for local miscellaneous mem- bers and age 50 for local safety mem- bers. 2. Public Agency shall participate in the Public Employees' Retirement System from and after July 1, 1952 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees Retirement Law except such as apply only on election of a contracting agency and are not pro- vided for herein and to all amend- ments tosaid Law hereafter enacted except those, which by express pro- visions thereof, apply only on the election of a contracting agency. 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agree- ment: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members). c. Employees other than local safety members (herein referred to as local miscellaneous members). 4. In addition to the classes of employees excluded from member- ship by said Retirement Law, the following classes of employees shall not become members of said Retire- ment System:. a.SCHOOL CROSSING GUARDS HIRED ON OR AFTER DECEMBER 1, 1956; AND b. PERSONS COMPEN- SATED ON AN HOURLY BASIS EMPLOYED ON OR AFTER OCTO- BER 1. 1964. pensation to be provided for each year of credited prior and current service as a local miscellaneous member shall be determined in ac- cordance with Section 21251.13 of., said Retirement Law (2% at age 60 Full). 6. The percentage of final com- pensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21252.01 of said Retire- ment Law (2% at age 50 Full). 7. Public Agency elected to be subject to the following optional pro- visions: a. Sections 21380-21387(1959 Survivor Benefits) excluding Section 21382.2 (Increased 1959 Survivor Benefits) and Section 21382.4 (Third Level of 1959 Survivor Benefits). b. Sections 21263,21263.1 and 21263.3 (Post -Retirement Survivor Allowance) for local safety members only. c. Section 20930.3 (Military Ser- vice Credit as Public Service), Stat- utes of 1976, for local miscellaneous members and local police members only. d. Section 20024.2 (One -Year Final Compensation). 8. Public Agency, in accordance with Government Code Section 20740, ceased to be an "employer' for purposes of Section 20759 effec- tive on April 1, 1980. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20759, and accumulated contributions there- after shall be held by the Board as provided in Government Code Sec- tion 20759. 9. Public Agency shall contribute to said Retirement System the contri- butions determined by actuarial valu- ations of prior and future service li- ability with respect to local miscella- neous members and local safety members of said Retirement System. 10. Public Agency shall also con- tribute to said Retirement System as follows: a. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of admin- istering said System as it affects the employees of Public Agency, not in- cluding the costs of special valua- tions or of the periodic investigation and valuations required by law. b. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of. Public Agency, and costs of the periodic investigation andvaluations required by law. 11. Contributions required of Pub- lic Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public I Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valua- tion required bysaid Retirement Law. 12. Contributions required of Pub- lic Agency and its employees shall be paid by Public Agency to the Retire- ment System within fifteen days.after the end of the period to which said Contributions refer or as may be pre- scribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remit- tances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. This amendment shall be effec- tive on the 14th day of April, 1993. BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM By CHIEF, CONTRACT SERVICES DIVISION, PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY COUNCIL OF THE CITY OF HERMOSA BEACH By Albert Wiemans, Presiding Officer Witness Date, March 9, 1993 Attest: Elaine Doerfling, Clerk Pers -Con -702 (Amendment) (Rev. 10/92) ER 3/18/93 HBL-570 1 ORDINANCE 93-1084 • 2 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, 3 TO AMEND THE CITY CODE TO ALLOW VEHICLE PARKING •ON PUBLIC STREET RIGHT-OF-WAY ALONG THE WALK STREETS 4 ON THE WEST SIDE OF BEACH DRIVE 5 WHEREAS, the City Council has endeavored to research, 6 investigate, and review matters pertaining to the parking of 7 vehicles on the public street right-of-way adjacent to 8 residential properties along the walk streets on the west side of 9 Beach Drive, and 10 11 WHEREAS, the City Council has received and reviewed numerous 12 voluminous reports from staff, the Planning Commission, and a 13 special City Council/Citizen Subcommittee created by the City • 14 Council, and 15 WHEREAS, the City Council seeks to encourage and accomplish 16 beautification of the Strand corridor and to resolve the parking 17 of vehicles on the public street right-of-way along the walk 18 streets on the west side of Beach Drive, and 19 WHEREAS, the City Council makes the following findings: 20 21 1. The public street right-of-way along the walk streets, 22 outside of the center 16 feet of paved walking area, 23 adjacent to the private residential properties west of • 24 Beach Drive and east of the Strand have been 25 historically used and maintained as side yards by the 26 adjacent private properties; and 27 o 28 C> - 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 2. The improvements made by the adjacent property owners to the aforementioned public street right-of-way areas, which have been maintained as side yards, have generally constituted a benefit to the adjacent residential property owners. The City wishes to encourage future maintenance and accomplish additional beautification of such public street right-of-way areas maintained as side yards by the adjacent property owners; and 3. Parking of vehicles has occurred on the aforementioned public street right-of-way areas maintained as side yards between Beach Drive and the Strand for many decades; and 4. The parking of high numbers of vehicles that cover the entire public street right-of-way area maintained as a side yard area, up to and adjacent to the Strand, constitutes an unacceptable blight upon the Strand corridor; and 5. The elimination of all parking on the subject public street right-of-way areas maintained as side yard areas would cause a hardship to the adjacent property owners who have developed, improved, and maintained said side yard areas, including parking, over the years; and 6. An action to eliminate all parking on subject areas would cause hardship on the entire neighborhood by the elimination of existing and utilized parking spaces, thereby increasing the overburdened demand on the - 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 limited number of parking spaces needed along Hermosa Avenue and other nearby streets; and 7. Many problems and disputes arise from uncontrolled parking on the subject public street right-of-way areas maintained as side yard areas. Thus, the City has determined an action which addresses the parking interests and concerns of the City as well as the parking interests of the adjacent residents; and 8. The City finds that it has not abandoned or compromised its legal interest in the subject areas in any manner. The City also finds that the adjacent property owners have not acquired any cognizable property rights as a result of their historical use and maintenance. However, the City seeks a resolution of current problems and an elimination of the unacceptable blight. It is intended that the Ordinance set forth herein below will accomplish a resolution and clarification of the situation. Specifically, by this Ordinance, the City will allow the adjacent property owners to participate in the encroachment permit process contemplated herein below. The City finds that it has the power and legal authority to require such revocable encroachment permits and that the City has the right to execute dominion and control over the subject public street right-of-way areas. NOW THEREFORE, THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY ORDAIN THAT: - 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 SECTION 1. Section 29-38(2) is hereby amended to add the following subsections: e. The public street right-of-way along the walk streets on the west side of Beach Drive, outside of the center 16 foot wide paved walking area, may be used for private side yard use by the adjacent residential property owner through the use of an encroachment permit; f. The adjacent residential properties along the walk streets, west of Beach Drive and east of the Strand, may be allowed to have approved parking of vehicles on the public street right-of-way if they apply for a revocable encroachment permit requesting that parking. The parking shall only be approved through the use of an encroachment permit and the permit shall be applied for within 60 days of the passage of this ordinance. Also, the adjacent property owner shall fulfill all the conditions of the encroachment permit within 120 days after the issuance of the permit; g. The special conditions for a residential encroachment permit, on the public street right-of-way area west of Beach Drive and east of the Strand, are as follows: 1. The adjacent residential property owner to whom the encroachment permit is granted shall purchase and maintain a public liability insurance policy applicable to the encroachment area with a policy limit of not less than $500,000.00. The City 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 Hermosa Beach shall be named and maintained as an "additional insured" in regard to the encroachment area. Such adjacent private property owner to whom the encroachment permit is granted shall at all times maintain on file with the City of Hermosa Beach current proof of such insurance coverage. 2. Parking shall be allowed only within a distance of 30 feet west of Beach Drive. A maximum of two cars shall be allowed within the approved parking area. Parking tags will be issued by the City. 3. A minimum of 1/3 of the encroachment area shall be landscaped and maintained by the adjacent residential property owner. 4. The required landscaping shall be in place within 120 days after the issuance of the encroachment permit. The subject encroachment area shall be kepti neat, clean, and in good order. The landscaping and 11 good order shall be maintained at all times by the adjacent residential property owner. 5. Where no parking is currently taking place, the landscaping shall be in place prior to the use of the encroachment area for any parking. Where parking is currently taking place, parking will be allowed to continue as long as the adjacent residential property owner has applied for an encroachment permit. - 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 6. All landscaping shall be limited to a maximum height of 36 inches above the adjacent sidewalk level unless shown otherwise on the approved landscaping plan. 7. A permanent barrier shall be installed and maintained between the approved parking area and the remainder of the encroachment area. 8. All vehicular access to the encroachment area shall be from Beach Drive only. 9. The parking permitted herein shall be limited to passenger vehicles only. Trucks (excepting non-commercial passenger type pick-ups), motorhomes, campers, boats, trailers, etc., are prohibited. 10. The parking of passenger vehicles permitted herein does not allow for the storage of disabled or unused vehicles. Parking of a passenger vehicle shall not exceed 72 continuous hours. 11. An adjacent property owner who applies for an encroachment permit as contemplated herein shall pay a permit fee to the City to cover the actual costs of processing the application and issuing the encroachment permit. 12. Both the site development plan and the landscaping plan for the encroachment area shall be reviewed and approved by the Planning Commission prior to the • 1 2 • 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 • 24 25 26 • 27 28 issuance of the encroachment permit by the Public Works Department. 13. All fence or wall heights within the encroachment area shall be limited to a maximum of 36 inches. 14. Parking fees shall be determined and set by City council Resolution. 15. The privilege of parking on public street right-of-way along the walk street on the west side of Beach Drive shall terminate upon violation of the Conditions within the encroachment permit. h. The commercial properties along Beach Drive are excluded from the conditions above which only apply to the residential properties along the walk streets. i. Properties that have existing garages fronting onto a walk street, as their only access, shall only be required to comply with those conditions as may be imposed by the Director of Public Works. SECTION 2. This ordinance shall become effective and be in full force and effect from and after thirty (30) days of its adoption. SECTION 3. That the City Council does hereby designate the City Attorney to prepare a summary of this Ordinance to be published pursuant to the 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 - 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 shall cause the summary to be published in the Easy Reader, a weekly newspaper of general circulation, published and circulated in the City of Hermosa Beach. SECTION 4. The City Clerk shall certify to the passage and adoption of the 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 March , 1993 k,/' PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach ATTEST: CITY CLERK APPROVED AS TO FORM: �/ I V e� , CITY ATTORNEY ty/ordbeach • • 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. 93-1084 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 March, 1993, and was published in the Easy Reader on April 01, 1993. The vote was as follows: 0 AYES: Benz, Edgerton, Essertier, Mayor Wiemans ABSENT: Midstokke ri:3V1r.1v0URIN.� DATED: April 01, 1993 is 0 City C1447k PROOF OF PUBLJCAT10N� (2015.5 C.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 printer of the BEACH PEOPLE'S EASY READER .................................................... a newspaper of general circulation, printed WEEKLY ..... and published ............................. 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„9i21, 1972,, Case Number .SWC...........22940.... that the notice, of which the annexed 13 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: all in the year 19.93 ... I certify (or declare) under penalty of perjury that the foregoing is true and correct. HERMOSA BEACH Gated at„. ............................. W-11fornia, this..........da of......... 19 ..... . r SI natur PCs ceoies of tills blanll ferns may bs wur” t"f”: • CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House P.O. 8ox 31 Los Angelos, CA 90053 Tolophono 625-25A1 P1*as* rseu*sf G g N E RAL Proof of Publication wflon ordering this form. Proof of Publication of CITY OF .......................................................... HERMOSA BEACH HBL-571 .......................................................... e NOW, THEREFORE, THE CITY OF HERMOSA BEACH, CALIFOR- r.» NIA, DOES HEREBY ORDAIN THAT: SECTION 1. Section 29-38(2) is hereby amended to add the following subsections: hi e. The subject areas maybe used for private side yard use by the adja- CITY OF HERMOSA BEACH cent residential. property owner SYNOPSIS OF ORDINANCE through the use of an encroachment NO. 93-1094 AN ORDINANCE OF THE CITY OFf. permit; The adjacent residential proper- HERMOSA BEACH, CALIFORNIA, ties along the subject areas may be . TO AMEND THE CITY CODE TO allowed to park vehicles on the sub - ALLOW VEHICLE PARKING ON ject area if they apply for a revokable PUBLIC STREET RIGHT-OF-WAY encroachment permit; g• The special conditions as set ALONG THE WALK STREETS ON forth in this Ordinance for a residen- THE WEST SIDE OF BEACH DRIVE tial encroachment for the subject ar- WHEREAS, the City Council has eas are to be required. h. The commercial properties endeavored to review matters per- taining to the parking of vehicles on along Beach Drive are excluded from the public street right-of-way adja- the conditions above. Properties that have existing cent to residential properties along garages fronting onto a walk street as their only access shall only comply the walk streets on the west side of with those conditions as may be im- Beach Drive, and posed by the Director of Public Works. WHEREAS, the City Council has SECTION 2. This ordinance shall received and reviewed numerous become effective and be in full force voluminous reports, and and effectfrom and afterthirty days of WHEREAS, the City Council its final passage and adoption. seeks to encourage and accomplish SECTION 3. The City Attorney beautification of the Strand corridor shall prepare a summary of this ordi- andtoresolvetheparking ofvehicles nance to be published in the Easy on the public street right-of-way along Reader prior to fifteen days after the the walk streets on the west side of date of its adoption. Beach Drive, and SECTION 4. The City Clerk shall WHEREAS, the City Council certify to the passage and adoption of makes certain findings including, but not limited to, the following: 1. West of Beach Drive and east this ordinance, make minutes of its of the Strand, the public street right- passage and adoption in the records of-way0utsideof the center l6feetof ofthe proceedings ofthe CityCouncil paved walkirigarea(hereinafter"sub- at which the same was passed and jectareas")hashistoricallybeen used and maintained as side yards by ad- adopted. PASSED, APPROVED and jacent property owners; and ADOPTED this 23rd day. -Of March, 2. The improvements made by 1993, by the following vote: the adjacent property owners to the VOTE: AYES subject areas have generally consti- Benz, Edgerton, Essertier, tuted a benefit to the adjacent prop- Mayor Wiemans erty owners; NOES: None 3. Parking of vehicles in the sub- ABSTAIN: None ject areas has occurred for many ABSENT: MidstokkeWIEMANS decades;and ALBERT 4. The parking of high numbers of PRESIDENT of the City Council vehicles that coverthe subject areas and MAYOR of the City of constitutes an unacceptable blight Hermosa Beach, California upon the Strand corridor; and ATTEST: 5. Theelimination of all parking in Elaine Doerfling, City Clerk the subject areas would cause a hard- APPROVED AS TO FORM: ship to the adjacent property owners; Charles S. Vose, City Attorney and 6. The elimination of all parking in ER 4/1/93 HBL-571 these subject areas would cause a hardship on the entire neighborhood; - and 7. Many problems and disputes arisefrom uncontrolled parking in the subject areas; and 8. The City finds that it has not abandoned or compromised its legal interest in the subject areas and that the adjacent property owners have not acquired any cognizable property rights. • • 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. 93-1085 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE SIGN ORDINANCE TEXT, AND TO RELOCATE THE ORDINANCE INTO THE ZONING ORDINANCE WHEREAS, the City Council held a public hearing on March 9, 1993 to consider the recommendation of the Planning Commission to amend the sign ordinance and to consider oral and written testimony and made the following Findings: A. Sign ordinance are typically located in the zoning ordinance which is more appropriate in terms of where authority lies for enforcement, interpretation and amendment; B. A study has been conducted to compare the sign ordinance with sign ordinance of other cities, and while Hermosa Beach's ordinance is similar in many ways, it needs updating and clarification, in some areas made more restrictive, and in others less restrictive; NOW, THEREFORE, The City Council of the City of Hermosa Beach, California, does hereby ordain that the Municipal Code be amended as follows: SECTION 1. Relocate the provisions of Chapter 28A, SIGNS, to the Zoning Ordinance, ARTICLE 13.5, and amend the text as follows, with overstriked text to be eliminated and underlined text to be added. "ARTICLE 13.5 SIGNS Sec. 28A-113.5-1. Purpose, Intent and scope. (a) The purpose of this chapter is to provide minimum standards to safeguard life, health, property and public welfare by regulating and enhancing the design, quality of materials, construction, illumination, location, identification and maintenance of all signs and sign structures not located within a building. The intent of this charter is to promote and maintain the attractiveness orderliness, and dignity of the City's appearance to preserve property values and to protect the welfare of citizens through the regulation of signs without impairing the ability of its citizens and businesses to carry out their normal functions It is further intended that the necessary regulations control and enforcement be carried out expeditiously, vet without planning under burdens upon any citizens of business. (b) No sign shall be erected in such a manner as to confuse • 2 • 3 4 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 obstruct the view or interpretation of any official traffic sign, signal or device. No scenic values or other public interests should be harmed as a result of signing. (c) The regulations of this chapter are not intended to permit any violation of the provisions of any other lawful ordinance. (Ord. No. N.S. 497, Ss 1,6-19-75; Ord. No. 79-627,ss 1, 10-23-79) Sec. 'Q� 13.5-2. Enforcement. (a) Authority. The building official is hereby authorized and directed to enforce all the provisions of this chapter. (b) Right of entry. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the building official or his authorized representative has reasonable cause to believe that there exists any sign or any condition which makes such sign unsafe, the building official or his authorized representative may enter the premises or building on which such sign is located at all reasonable times to inspect the sign or to perform any duty imposed upon the building official by this chapter; provided that if such building or premises on which the sign is located be occupied, he shall first present proper credentials and demand entry; and it such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the building official or his authorized representative shall have recourse to every remedy provided by law to secure entry. No owner or occupant or any other person having charge, care or control of any building or premises shall fail or neglect, after proper demand is made as herein provided, promptly to permit entry therein by the building official or his authorized representative for the purpose of inspection and examination pursuant to this chapter. Any person violating this subsection shall be guilty of a misdemeanor. (e) Appeals. Any p_�r�s�� �eate.„ith ti.,, dee . e ---e ,s* rcrrcrzcz detf-Aiiuircrx Sum_ time -ZrS—crn, c6cliieil has crcccd-@ii—the a"ea-l--. (c) Violations and penalties. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use or maintain any sign or structure in the city or cause or permit the same to be done, contrary to or in violation of any of the provisions of this chapter. Any person, firm or corporation violating any of the U • • U 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 provisions of this chapter shall be guilty of an infraction. (1) Each violation is punishable as follows: a. A fine of fifty dollars ($50.00) for the first violation; and b. A fine of one hundred dollars ($100.00) for a second violation of the same condition within one (1) year; and C. A fine of one hundred fifty dollars ($150.00) for a third violation of the same condition within one (1) year. d. A fine of three hundred dollars ($300.00) for each additional violation of the same condition within one (1) year. (2) Each person, firm or corporation found guilty of an infraction shall be guilty of a separate offense for each and every day during any portion of which any violation is committed, continued or permitted by such person, and shall be punishable accordingly. (Ord. No. N.S. 497, ss 1, 6-19-75; Ord. No. 77-557, ss 1, 3-22-77; Ord. No. 81- 669, ss 1, 8-25-81; Ord. No. 85-818,ss ss 1,2, 11-26-85; Ord. No. 88-925, ss 1, 5-10-88) Sec. 2SA-3 13.5-3. Definitions. For the purpose of this chapter, certain abbreviations, terms, phrases, words and their derivatives shall be construed as specified in this section. Words used in the singular include the plural, and the plural the singular. Words used in the masculine gender include the feminine, and the feminine the masculine. (1) Approved plastic materials shall be those which have a flame - spread rating of 225 or less when tested in accordance with U.B.C. Standard No. 42-1 in the way intended for use; and a smoke density rating no greater than 450 when tested in accordance with U.B.C. Standard No. 42-1 in the intended for use; or a smoke density rating no greater than 75 when tested in the thickness intended for use by the chamber method of test under U.B.C. Standard No. 52-2. (2) Awning shall mean a temporary me-vable shelter supported entirely from the exterior wall of a building.ad--e€ -a tygeen can be —ire ed, freldea er eella�Sed against the fee &f a supperting building. if us ed f sign purp --es, sueh awning shall be eeunted as part ef he eta! sign area (3) Awning sign shall mean any sign painted on, attached to or supported by an awning with the sign copy parallel or almost parallel to the plane of the supporting building wall. (4) Banner shall mean a temporary sign constructed of cloth, canvas or a light fabric. Intend-€eridenzifieatie-n mese 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 This defiiitie all: ine-1 de pennants, flags, -streamers and wnig (5) Billboard shall mean any off -premises sign erected for the purpose of identifying a product, event person or subject not entirely related to the premises on which said sin is located. (6) Building shall mean any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any king. (7) Building frontage shall mean the exterior building wall of a ground floor business on the side or sides of the building fronting on or oriented toward a street or highway, which is used exclusively for pedestrian or vehicular traffic. Building frontage is measured continuously along the wall for the entire length of the building. In cases where the exterior walls of a business are oriented to more than one (1) street or highway, the primary building frontage shall be the frontage which is associated with the street identified with the street address of the business. Secondary frontage must have a building entrance/exit which is open to the public during business hours for customer/pedestrian use, which entrance is fronting on a street or highway. (8) Building line is a line established by the outer walls creating the perimeter of the structure. A building line may also be a property line. (9) Building official is the officer or other person charged with the administration and enforcement of this chapter or his duly authorized deputy. (10) Building identification sign is any sign containing the name or address of the building which may include hours of operation and emergency_ information located on the same site as the building. (11) Bulletin board shall mean a structure containing a surface upon which is displayed the name of a park, church, school, library, community center or similar institution and the announcement of the services or activities thereof. (12) Business sign shall mean a sign which identifies only the name, address and general nature of the business or businesses conducted from or upon the premises upon which the sign is located. t-erjaer-ary str eture, —hem that=. --an ±ng made ef-elethel 1r ..} l C...-,.. + tae�ied—te—a--b�2��g a� �lr--��7,�z�e�-,:� e''r,t '�'��-� b- TJ�tI'7J wall er pe'rtien-eT-ea a. l . ;mevab.}-e-braeeS--an attaehraents freya sueh build ng wall E) -r pertien e€ the-build3i_g (13) Clock shall mean any timepiece erected on the exterior of any building or structure for the convenience of the public. 2 • 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 is 24 25 26 • 27 28 (! e sir=es sign is -any sign ing-' ratlen e€ the--freatarss-e-f peie , --prej ee --a zee=--ez ns . (14) Commission shall mean the Hermosa Beach Planning Commission. (15) Commodity identification sign is any sign which advertises a product or service which is available on the premises on which the sign is located, using a brand name, symbol, logo, or trade name as part of the sign. If a business name includes a brand name, symbol, logo, or trade name, signs using that business name shall not be considered to be commodity identification signs. sign -(16) Gemprehensive -plann eemmeeial develepments. Tne-applieant s 1 submt-a-s-kgn pla—€er the develepment shewing the -1 eeat-i e , sa-ae , e-1 e , and; i -F pe-s­s4b-leT eepy fer all-s119ilfs-prepesed fer:the sites the __;n plan shall 4nei+tde-a-perspeetiive render- g--shewing a ;-eigns in reatien te the --struetue. The theme-ef seeh signing shall b app eued--as a part --e€ p ans fer new eemmereial er-trsti4al-dev l and sham be -an -int eg-ra,l-part e f -t -h a de-velepme nt : (16) Construction sign shall mean a temporary sign stating the name of individuals or businesses directly connected with the construction project, their addresses, and/or their telephone numbers. (17) Curbline is the line at the face of the curb nearest to the street or roadway. In the absence of a curb, the curbline shall be established by the city engineer (see "Legal setback line"). (18) Directional sign shall mean entrance and exit signs, operating instructions, and such like signs. (29) Display sur€aee-sha-1-1 ffte-..n the area in,,aea with;a-theeuter di-mens3 ens -e f a-s-ign--tet e -ease -e f aer pa -int -ed en a- wa-1-1 er etheT—b�-ldinej—sur aee ,—iritiseut any berde and with ; t.9 baekg eiind the same—eroief as the iia =1 of th b ; , a i n f—the a ea sha1-1-b nelesing the entire sign within-e.n, e (1:)-er mere- pa±rs efherizentypara-erfftere pairs ef vertieal-paraliei­44 nes-and--deters-the area thus enelesed. (19) District shall mean any zoning district designated in the zoning ordinance of the City of Hermosa Beach. (20) Double -face sign shall mean a sign which has two (2) or more display surfaces backed against each other, or against the same background, one face of which is designed to be seen from one direction and the other from the other direction. rAh-the e eept i en -e€ he G 2 z ene , beth -sides e f a-deuble- €aee-sign shall b.e eeunze d when it .. , e , , � • area. in the G-2 zene may p� �i - yyl� e- Len. e11 de .m Tri—.^-4gP-,1;43 f R the GT�T1�G afa IAV bl^r faee s±�T s -a11be • 2 • 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 . 24 25 26 is 27 28 (21) Electric sign is any sign containing electric wiring, but not including signs illuminated by an exterior light source. (22) Entity shall mean any person who is the lessee, owner or who has a proprietary interest in the business for which the sign is proposed. Each business shall be considered a separate entity. (23) Fascia shall mean the flat outside horizontal member of a Imeed intea- a }eat posit -inn- building having the form of a flat band or broad fillet (24) Flag shall mean a piece of fabric, plastic, canvas or any other soft material, in any geometric form, that is attached to a structure, pole or wire. Included in this definition are pennants and streamers. "Flag" shall not include any support, frame or standard used exclusively for the display of the flag of the United Stated of America, the state or the city, nor shall it include these flags. (25) Grade (adjacent ground elevation) is the lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line, or when the property line is more than five ( 5 ) feet from the building, between the building and a line five (5) feet from the building. (26) Ground sign is a bill -beard er-simile-&f sign which is supported by one (1) or more uprights, poles or braces in or upon the ground, other than a ee binatie —Agn, fin sign er pole sign, as defined by this section. A greund sign -shall net-emeeed ten (19) feet vm thegrade te the hi hest pertiein-6ff- t-7ic- sign -b dy (27) Illuminated sign or lighted sign shall mean a lighted sign which has the source of light on the surface of the sign or in the interior of the sign itself, or which has a source of light located such that the beam of the light falls upon the surface of the sign. (28) Legal setback line is an established line beyond which no building may be built. A legal setback line may be a property line. (29) Lot frontage shall mean the linear distance of a lot line, separating the lot from the street or highway which is used for pedestrian or vehicular access to the business being conducted on said lot. In cases where a lot is contiguous to more than one (1) street, the lot frontage associated with the street identified with the address of the business. (30) Marquee sign shall mean a sign painted on, attached to, or supported by a marquee with the exposed face of the sign in a plane parallel to the building wall which supports the marquee. (31) Mobile sign is any portable display surface mounted on any nonmotorized or inoperative vehicle or device for the purpose of i' 2 • 3 4 5 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 • 24 25 26 • 27 28 advertising or identifying businesses services or products. (32) Moving sign shall mean a sign which has any actual or apparent moving, revolving, scintillating, flashing or rotating parts activated by electric, electronic, kinetic or mechanical devices, or by wind current, and shall include, but not be limited to, balloons, time or temperature recording devices (except clocks), signs which are constructed of or faced with Seeteh Light reflective tape or other similar materials, signs which change color, and signs where the intensity of lighting changes or appears to change. (3 3) Mural is a pictorial representation not specifically identifying goods or services offered by the business on the premises. (34) Neon sign shall mean a sign utilizing electric energy combined with glass tubing and gaseous substance to create light source. (35) Noncombustible as applied to building construction material means a material which, in the form in which it is used, is either one of the following: (a) Material of which no part will ignite and burn when subjected to fire. Any material conforming to U.B.C. Standard No. 4-1 shall be considered noncombustible within the meaning of this subsection. (b) Material having a structural base of noncombustible material as defined in item (a) above, with a surfacing material not over 1/8 -inch thick which has a flame spread rating of 50 or less. "Noncombustible" does not apply to surface finish materials. Material required to be noncombustible for reduced clearance to flues, heating appliances, or other sources of high temperature shall refer to material conforming to item (a) above. No material shall be classed as noncombustible which is subject to increase in combustibility or flame -spread rating beyond the limits herein established, through the effects of age, moisture, or other atmospheric condition. Flame -spread rating as used herein refers to rating obtained according to tests conducted as specified in U.B.C. Standard No. 42-1. (36) Nonconforming sign is a sign which was validly installed under laws or ordinances in effect at the time of its installation, but which is in conflict with the provisions of the Hermosa Beach Sign Code. (37) Nonstructural trim is the molding, battens, caps, nailing strips, latticing, cutouts or letters which are attached to the sign structure. n U • 3 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 • 24 25 26 • 27 28 (38) off -premises sign is a sign which is not located on the property which it directs attention to. Off -p e i ses syrs-ate al-l-ewed-ie-th e . (39) Permanent sign shall mean any sign which is not classed as a temporary sign. (40) Person shall mean a person who is, and includes, every person, firm, partnership, association, or corporation, whether acting as principal, agent, employee, or otherwise. (41) Pole sign is a sign wholly pe-rmitt , supported by a single member in the ground mit d ineve1 height te-a a imum e4ght e€-thirtyf-fi- (35)—feet easu -f-re f-'_n_=hed rad , and p -aeed-a f-€ire-5—feet --i de��e prepei!tty-Irkne.Te-ef pele-stgn the site mus - have at 4ea-st-€erty (49�—feeet -ef street ---€-Tentage Ne pe -le - si-gn % y have %erthan--three ( 3 ) _ i g eans attaehed to it, and -aa, pole s may­r-ega-kre- the -i re €-a -wised , andseape plater. (42) Political sign shall mean a temporary, commercial sign identifying any person or proposition appearing on the ballot for any election scheduled to be held in the City of Hermosa Beach. (43) Premises shall mean a lot or parcel of real property, or any portion thereof which is used separately from other portions thereof, any building located thereon, or any portion of such building which has a separate street address. (44) Projecting sign is a sign, other than a wall sign, which projects from and is supported by a wall of a building structure with the exposed face of the sign not parallel to the plane of said wall. 3-n--na-se hal said e -e to dabeve-the w !1 --wh-keh-i t is -attaehed.- (45) Projection is the distance by which a sign extends over public property or beyond the building line. (46) Real estate sign (such as a "For Sale" sign, a "For Lease" sign, or a "For Rent" sign) shall mean a temporary sign indicating that the prefai s es e n wh a -s iejn is leeated, er any pertie-n thereef,is property for sale, lease or rent and the name, address, and telephone number of the owner, broker or other person offering the same for sale, lease or rent, located on the premises for sale, lease or rent or on property owned by another, with that persons consent. In addition, the works "Sold," "Leased," "In Escrow," or "Rented" may be added to a previously posted sign. The area of the sign shall include the area of any and all riders. All riders shall be attached to the face of the basic sign. (47) Rental sign shall mean a permanent or temporary sign which is used for giving information on availability of rentals on multiple dwellings, hotels, clubs, lodges and similar permitted uses. 2 • 3 4 5 6 7 8 9 10 11 12 13 i 14 15 16 17 18 19 20 21 22 23 • 24 25 26 • 27 28 (48) Roof sign is a sign erected upon or above or extending above a roof or parapet of a building or structure andi Q -A -t A I }exed any—gene: (49) Sign is any medium including representational art with its structure and component parts which is intended to be used to attract attention to goods and/or services offered by the business on the premises. (50) Sian Area shall mean the area included within the outer dimensions of a sign. In the case of a sign placed or painted on a wall or other building surface, without any border and with its background the same color as the wall of the building, the area shall be computed by enclosing the entire sign within one (1) or more pairs of horizontally parallel and one (1) or more pairs of vertical parallel lines and determining the area thus enclosed. (51) Sign structure, for identification purposes only, is any structure which supports or is capable of supporting any sign as defined in this chapter. A sign structure may be a single pole or poles and may or may not be an integral part of the building. (52) Site shall mean any separate parcel of property as shown on the latest available assessor's maps; provided, however, when a shopping center has been divided into separate parcels, it shall continue to be considered as one (1) parcel of record and provided, further, where one (1) tenant, business or enterprise occupies two (2) or more contiguous parcels, it shall be considered as one (1) parcel of record. (53) Street frontage shall mean the linear distance of a lot line, separating the lot from the street or highway which is used exclusively for pedestrian or vehicular traffic, excluding alleys. Where such site is abutted by more than one (1) street, each street will qualify as frontage if the following condition exists: There are building entrances or exits opening onto the street which are open to the public during business hours. (54) Structure shall mean that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts jointed together in some definite manner. (55) Temporary sign is any sign, banner, pennants valance, or identification display constructed of cloth, canvas, fabric, cardboard, wallboard, or other materials, with or without frames, intended to be displayed for a limited period of time only, net to e eeed ninety (99) days d i n-ealendar ear (56) Uniform Building Code is the edition of the Uniform Building Code published by the International Conference of Building Officials and which has been adopted by the City of Hermosa Beach, • 2 • 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 • 24 25 26 • 27 28 subject to the particular additions, deletions and amendments set forth therein. (57) U.B.C. Standards is the edition of the Uniform Building Code Standards published by the International Conference of Building Officials and which has been adopted by the City of Hermosa Beach, subject to the particular additions, deletions and amendments set forth therein. (58) Wall sign is any sign attached to or erected against the wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of said wall. in e -e -a -se shall said s- and not extending above the wall to which it is attached. (59) Wind sign shall mean any cloth or plastic or other flexible light material made in strips, triangles or other shapes which are fastened together at intervals by wire, rope, cord, string or other means in such manner as to move by wind pressure and which are used or displayed to attract attention to a business, product, service or entertainment. (60) Window signs are permanent and/or temporary signs inside or outside of and attached to the surface of windows. sha ' be „ irt.- 4. ire--etalall ew ab l e -sign -------a i.-- a l l en e s , and shall -l -n rye -ease ebse rR- mere- than ereent of the ,glass su faee area . (Ord. No. N.S. 497, Ss 1, 6- 19-75; Ord. No. 76-528, Ss 1, 8-10-76; Ord. No. 76-538, Ss 1, 1-11- 77; Ord. No. 77-574, Ss 1 (I), 11-22-77; Ord. NO. 79-627, Ss 1, 10- 23-79; Ord. No. 81-669, Ss 1, 8-25-81; Ord. No. 85-818, Ss Ss 3-9, 11-26-85; Ord. No. 86-829, Ss Ss 4, 8, 3-25-86) Sec. 2SA-4 13.5-4. Permits required No sign shall be erected, re -erected, constructed, altered or maintained, except as provided by this chapter and until a permit for the same has been issued by the building official. A separate permit shall be required for a sign or signs for each business entity, and/or separate permit shall be required for each group of signs on a single supporting structure. In addition, electrical permits shall be obtained for electric signs. Application for a sign permit shall be made in writing upon forms furnished by the building official. Such application shall contain the location by street and number of the proposed sign structure, as well as the name and address of the owner and the sign contractor or erector, and shall be accompanied by the written consent of the record owner of the property on which the sign is to be erected. Every application for such permit shall set forth in detail by use of diagrams, drawings, plans or written description of the proposed method of compliance, The diagrams, drawings, plans or written description shall contain all of the electrical and other work which is to be installed as part of the sign, shall include elevations and sections of the sign drawn to scale, and shall show the precise location of the sign on the building, parcel 2 • 3 4 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 structure. 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 commercial or industrial developments, and shall be an integral part of the development. Exceptions: The following signs shall not require a sign permit. These exemptions shall not be construed as relieving the owner of the sign from the responsibility of its erection and maintenance, and its compliance with the provision of this chapter or any other law or ordinance relating the same. (1) The changing of the identifying copy or message on a painted --e --printed sign enly. Emeept theater marquees and similar signs specifically designed for the use of replaceable copy., eleetre- s iirelu ed in this -zee ien. (2) Repainting or cleaning of a sign shall not be considered an erection or alteration which requires a sign permit unless a structural, copy or color change is made. (3) Non -illuminated Construction Signs, not to exceed twenty- five (25) square feet per site and not more than six (6) feet in height above grade, provided the sign shall not be erected, installed or maintained on any premises until the required permits for the construction have been obtained and are removed prior to final inspection. (4) One non -illuminated Real Estate Sian per site provided the sign complies with the regulations for real estate signs set forth in each zoning district (5) Political Signs (6) Building Identification Signs not to exceed two (2) square feet in area A sign permit fee and a plan -checking fee shall be paid in accordance with an amount fixed by resolution of the city council. (Ord. No. N.S. 497, Ss 1, 6-19-75; Ord. No. 77-574, Ss l(II), 11- 22-77; Ord. No. 79-627, Ss 1, 10-23-79; Ord. No. 82-697, Ss 3, 8- 10-82) Sec. 28A-5 13.5-5. Maintenance All signs, together with all of their supports, braces, guys, and anchors, shall be kept in repair and in proper state of preservation. The display surfaces of all signs shall be kept neatly painted or posted at all times. • 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) Any location where business goods are no longer sold or produced or where services are no longer provided or where sign copy has been removed from the sign structure shall have one hundred twenty (120) days to remove any remaining nonconforming or derelict "on premises" signs or sign structures following notification by the city, and at the expense of the owner of said property. Where due written notification has been given by the city and compliance has not been made within the required one hundred twenty (120) day period the city may cause removal of such signs with the cost for such removal to be attached to the property. (2) "On premises" signs shall be refinished, repaired or removed as necessary to correct problems of rust, corrosion, cracks, broken faces, malfunction lamps, missing letters or characters, peeling, warping, facing or unsafe conditions within thirty (30) days following notification by the city. (Ord. No. N.S. 497, Ss 1, 6- 19-75; Ord. No. 76-528, Ss 1, 8-10-76) Sec. 28A 6 13.5-6. Inspections All signs for which a permit is required shall be subject to inspection by the building official. Footing inspections may be required by the building official for all signs having footings. All signs containing electrical wiring shall be subject to the provisions of the governing electrical code and the electrical components used shall bear the label of an approved testing agency. The building official may order the removal of any sign that is not maintained in accordance with provisions of section 28-A-5. All signs may be reinspected at the discretion of the building official. (Ord. No. N.S. 497, Ss 1, 6-19-75) Sec. 2SA- r 13.5-7. Design and construction (A) Design. (a) General. Signs and their supporting members shall be designed in accordance with recognized engineering principles and the provisions of the Uniform Building Code. (b) Materials. Materials for the construction of signs and their supporting members shall conform to applicable Uniform Building Code Standards. (c) Display surfaces. Display surfaces in all types of signs may be made of metal, glass, approved plastics or wood: Glass thickness and area limitations shall be as set forth in Table No. 7-A. 2 • 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 • 24 25 26 • 27 28 Sections of approved plastics on wall signs shall not exceed one hundred fifty (150) square feet in area. Sections of approved plastics on wall signs shall be separated three (3) feet laterally and six (6) feet vertically by the required exterior wall construction. Exception: Sections of approved plastics on signs other than wall signs may not be required to be separated if approved by the building official. (d) Restrictions on combustible material. Combustible materials shall not be used where prohibited by the provisions of the Uniform Building Code. No combustible materials other than approved plastics shall be used in the construction of electric signs. (e) Illuminated signs. The approval of any illuminated sian is not final until thirty (30) days after installation, durina which period the building official may order the dimming of any illumination found to be excessively brilliant. Illumination is considered excessive if it prevents normal perception of obiects beyond or in vicinity of the sign. (B) Projections and clearance. (a) General. Signs shall conform to the clearance and projection requirements of this section and Table No. 7-B and 7-C. (b) Clearance from high-voltage power lines. Signs shall be located not less that six (6) feet horizontally or twelve (12) feet vertical from overhead electrical conductors which are energized in excess of seven hundred fifty (750) volts. The term "over -head conductors" as used in this section means any electrical conductor, either bare or insulated, installed above the ground except such conductors as are enclosed in iron pipe or other material covering of equal strength. (c) Clearance from fire escapes, exits or stand pipes. No sign or sign structure shall be erected in such a manner that any portion of its surface or supports will interfere in any way with the free use of any fire escape, exit or standpipe. (d) Obstruction of openings. No sign shall obstruct any openings to such an extent that light or ventilation is reduced to a point below that required by the Uniform Building Code. £4gns ereeted within five ( 5 ) '- ef—a-n even-e-Z-___-W-r-=-I in whichtheT-e--are epenin s within the area ef the sign shall be eenstrueted (e) Projection over alleys. No sign or sign structure shall project into any public alley below a height of fourteen (14) feet above grade, nor project more than twelve (12) inches where the • 1 2 • 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 sign structure is located fourteen (14) feet to sixteen (16) feet above grade. The sign or sign structure may project not more than thirty-six (36) inches into the public alley where the sign or sign structure is located more than sixteen (16) feet above grade. (f) Clearance from streets. Signs shall not project within two (2) feet of the curbline. TABLE NO. 7-A, SIZE, THICKNESS AND TYPE OF GLASS PANELS IN SIGNS Maximum Size of Exposed Glass Panel Minimum Thick - Any Dimension Area (in thickness of Glass Type of Glass (in inches) sq.inches) (in inches) 30 500 1/8 plain,plate,wired 45 700 3/16 plain,plate,wired 144 3600 1/4 plain,plate,wired Over 144 Over 3600 1/4 wired glass TABLE NO. 7-B PROJECTION OF SIGNS Clearance Maximum Projection Less than 8 feet ......Not permitted 8 feet... ...1 foot Over 8 feet. .... 1 1 foot plus 6 inches for each foot of clearance in excess of 8 feet, not to exceed 36 inches TABLE NO. 7-C THICKNESS OF PROJECTING SIGN Projection Maximum Thickness 3 feet. 3 feet 2 feet..... .3 feet 6 inches 1 foot. .4 feet (Ord. No. N.S. 497, Ss 6-19-75; Ord. No. 79-627, Ss 1, 10-23-79; Ord. No. 81-669, Ss 1, 8-25-81; Ord. No. 86-829, Ss 12, 3-25-86) Sec. 13.5-8 Prohibited Signs. The following signs are prohibited in all zones: A. Contain or are an imitation of an official traffic sign or " " " " sictnal or contain the words stop go slow", "caution", "danger", "warning", or similar words for advertisement purposes that simulate traffic devices and tend to confuse the motorists or pedestrians. B. Are of a size, location, movement, content, colorinct, or • • 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 • 24 25 26 • 27 manner of illumination which may be confused with or constructed as a traffic control device or which hide from view by motorists or pedestrians. C. Advertise any activity, business, product or service no longer conducted on the premises upon which the sign is located, including off-site signs. D. Contain or consist of banners, posters, pennants, ribbons streamers, lines of flashing light bulbs, spinners, rotating signs, gas fired torches or other similar devices that move in any manner or have a moving part. These devices, when not a part of any sign, are similarly prohibited unless they are Permitted specifically by this chapter or other provision of this Code. E. Are of flashing, rotating, scintillating nature and of such design as to give the appearance of movement. This section shall no apply to signs which indicate time or temperature. In addition, the following signs are prohibited: F. Billboards G. Mobile Signs, including portable signs, A -frame signs, or sidewalk signs H. Moving Signs I. Off -Premises Signs (except real estate signs) J. Projecting Signs (except for business identification signs in C-1 and C-2 zones) K. Roof Signs L. Wind Signs M. Signs other than those which are permitted in the zone as set forth in this chapter Sec. 28A 8 13.5-9. Sign requirements and regulations inR-1sone +one--€amides-tea i ) - and R-2 s e-re--ewe-€amy-r-esl4ent-ia14, Residential Zones, and for residential uses. (a) [Permitted signs.] In the R-' an n-2 all residential zones and on any property being exclusively used for residential purposes in any zone, only the following signs shall be permitted per site, subject to the provisions and regulations hereinafter set forth: II (1) One unlighted wall real estate sign not to exceed six (6) 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 r FE:] square feet, or one single -faced real estate sign not to exceed six (6) square feet, or one double-faced real estate sign not to exceed ten (10) square feet in sign area. The area of the sign shall include the area of any and all riders. All riders shall be attached to the face of the basic sign. (2) One wall identification sign not exceeding €etir (4) two(2) square feet in sign area, containing name, and address and eeeepat4-ever of occupant of premises. This sign may be illuminated provided the source thereof is indirect and shielded, and the illumination is not intermittent. Exception: Where such site is abutted by more than one street, the above signs may be erected, installed or maintained on each street frontage. (3 ) GRe nlighted Construction signs ( see Section 13.5-4 (4 ),,�rirseh -may be--a--s}ng-1e-faeed wall sign er a deuble- weed- ge emeeedin -tom- qura e-€eet in sign athe sign -Sha l -nets---e reeted ,, instal -led e r maintained end. efaises unto -1 -the -re ired-pe-m-A-s-erlieeenstruet-ien hav wee-n-e-bta-i�d­. e -hall b,, remeved ereef e-__sn�_: }==- _ (4) For multiple dwelling units (three or more units, attached), one unlighted wall or ground rental sign, single -faced, twelve (12) square feet, or double-faced not to exceed sixteen (16) square feet in sign area, giving information on availability of rental on multiple dwellings. Such signs shall be removed upon renting all units with the building. (b) Location and height. (1) Such signs shall be located entirely on private property. (2) Ground signs shall not be over four (4) feet high above finished grade. (3) Wall signs shall not be over eight (8) feet high above finished grade. (4) No moving sign, wind sign, projecting sign, combination sign, construction sign, roof sign, mobile sign, commodity identification sign, or any other sign having a device, symbol, design or figure used as identification, other than numbers or letters, shall be permitted. (Ord. No. N.S. 497, Ss 1, 6-19-75; Ord. No. 76-538, Ss 1, 1-11-77; Ord. No. 81-669, Ss 1, 8-25-81) See. 28A 9. Sign requirements and—regulations n R —sane (multiple-le-fam+-lam----dent a --------)- e A -t ed s i gnsi in the R-31 z-eee lenly th-e`ms s sha -1--be pern tted per --s site, the —pre�sene and r -e ens- e-Meina f to r set fertht • • 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 is 24 25 26 • 27 28 fOne TTl-rghre e'n� eases a esign net te emeeed-sim (6 )- 'sgea-r-e-€eet-e --..- singles-€aeed r al'etate-s-ign-net-1re-e'meeed six (6) squ-are-Teet-ems -eee -€aeed--real estate -sig net } e eme� a ten(10) square -fee t-} n sign --area . The -area -ef t"Ifte-sill -iae-lude- the -area -e`f any -and -all r rMs . All -riders s'a=—te at-taehed-to- the -€aee-e€- the -basi-e-sign. (2)-9ne--�tlhted-er ndrental -Sign-,-�rg�e-€aeea�t•.:ele (12)-sque-re-feet, er-deub le-faeed-net-te-emeeedsimzee„-(3:6) sgutare feet -1-n-sign-area, gi g -in f ermat ien-en4a lab"4ty--&-re'nta-lin multiple a._ e , _nqs-. (3 )build-ing-ident-ir€ien-sign ne -te emeeed six (6y square --feet -i --sign -a — fie --s ign-maw bn } 11H nested re iced t hat the se 'ree- t ere f -s-sh gilded-e-nd-the --i =-lam i n t i e n is net !-nterm'ttent f4-)-9ne-unlighted eenstretien sign, wall-sign-er a deubie- h -i t -twe (32) -squar -feet-in sign area,-previded the s4gn shall: net be ereeted instilled er-ma4*t-a4neE1 en-an.Z prem -is -e s -unt44-the },.. fer---c�iCi-c@n�s cz�rue ccleia--tzars–beeiebtasrre'dr—sash SignSshall be remE P Emeept-ien:- Where -sueh-asite is abutted by --- than _n_ street- the t_eet- cw^ ab^{2-S•' be$1eCet e r,—instal: led T-an t -inede,eaeh sh=eet -€Tentage: (1) srueh--signs shad be leeated entirely _n private p�^r - epe and -signs leeazed--wi-thi -a fret, — rear-,- set'baek maseven-+7+-feet hig ;bevefn ' (3) Wa__ signs shall- net EF-Veex - ------ 4-_=Jqht (8) feet high abeve natural: grade. ( 4-) Wa41 sig -(- inehes-=fflEe a required -free heside - yearabutsz–street= { e- e'o`rng--sign Wnd-sign ,prejeeting sign ' nat4 en s reef sign, bile -sigma- eemmed4tyident-i-€ieat many ether ung—a—dev i ee , symbel, des ign—&r f igure u ed—as Identifieati-en, ether than .,mbers-er letters, shall -be permitted +Gr-d • Ne. N.S. .O• Yns, Ss � c_4 9TT:75• Ord-. N e • :76-5-38, Ss -1, J-, 4: 3:1 7:7s Ord. Ne -81-6 613 , Sec. 28R--16 13.5-10. Sign requirements and regulations, R -P zone (residential -professional) In the R -P zone, only the following signs shall be permitted per site, subject to the provisions and regulations hereinafter set forth: • 1 2 • 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 0 24 25 26 0 27 28 (a) Permitted signs for residential dwellings permitted in the R -P zone are the same as those set forth in the section 28-A-8 for mer le -€mill residential zones and dwellings. (b) Permitted signs for businesses permitted in the R -P zone are the same as those set forth in section 28A-11, C-1 zone. (Ord. No. N.S. 497, Ss 1,6-19-75; Ord No. 76-538, Ss 1, 1-11-77) Sec. 13.5-11. Sign requirements and regulations in the O.S. (Open Space)and O.S.-1 (Restricted Open Space) zone All new signs shall require approval by the Planning Commission and are limited to wall signs and ground signs, which should be constructed of appropriate natural appearing materials such as wood, shall not be illuminated except where necessary for safety purposes, and shall blend in with the natural setting of the open space area. Sec. 2S -i11 13.5-12. Sign requirements and regulations, C-1 zone (limit-edAms4*e" and residenti-a-1 neighborhood commercial) . Intent: To regulate signs recognizing the unique characteristics of neighborhood commercial districts, namely their proximity to residential uses and their orientation to pedestrian users. (a) [Permitted signs.] In the C-1 zone, only the following signs shall be permitted per site, subject to the provisions and regulations hereinafter set forth: (1) Business signs. (2) Building identification signs. (3) One (1) real estate sign. (4) One (1) construction sign. (5) Temporary sign. (6) Commodity identifications signs for commodities which are integral to the business per the following schedule: Percent of allowable sign area which may be used for commodity identification: Commodity equal to less than 10% of business ... 10% Commodity equal to 10% to 50% of business... 25% Commodity equal to more than 50% of business... 75% Commodity identification for beverages sold by restaurants and markets... 10% (b) [Styles of signs] Only the following styles of signs shall be permitted. • 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) One (1) wall sign. One (1) awning sign. (2) One (1) ground sign. (3) One (1) projecting sign. (for business identification only) (4) Window sign. (5) Mural. (Murals approved by the commission may be permitted. In its review the commission may waive specific provisions of this chapter relating to total sign area, coverage, height, type and style.) (6 ) Meb44 e h•i-bed. These signs may be electrical, illuminated or neon. (c) Projection, and height and location. (1) Rr-ede=tien i ..�,.Y _mtend e —tai,. .,, e f the building er 1 t F..+. t 1 Ne. :7 ._D t -limits set St. ' ir-'�3bre--rte , Sti-�r6 may of be—used f sign purpeses. A single, non -illuminated projecting business identification sign for each business is permitted and may be hung from a wall projection or marquee over an entry way, provided the sign does not exceed a total area of four (4) square feet per face and provided it shall be at least eight (8) feet above the sidewalk and may not project outward more than three (3) feet. (2) Wall signs shall not project more than six (6) inches from the wall of the building or structure. Ends of the sign may not be used for sign purposes. (3) No sign shall be located on or attached to a parapet wall, roof, or ridge line of a building two stories or higher. (4) All ground signs shall be located entirely on private property and cannot project over public property. No ground sign shall be allowed in the C-1 zone that is greater than eight (8) feet in height, measured from grade to the highest point of said sign. (d) Allowable sign area. (1) Total ,permanent sign area allowable shall not exceed two (2) square feet for each lineal foot of building frontage; provided however; that minimum of twenty (20) square feet shall be allowed. Both sides of a double -face sign shall be calculated when determining allowable sign area. (2) Where more than one separate business or entity is located on • 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 any one site, the sign area shall be calculated separately for each entity or business according to its amount of building frontage. (3) Where a business or entity is abutted by more than (1) street, the building frontage for said business or entity shall be the sum of the primary building frontage, plus one-half of any secondary building frontage, provided the secondary building frontage has a building entrance/exit which is open to the public during business hours for customer/pedestrian use, which entrance is fronting on a street or highway. Sign area granted by virtue of qualified secondary frontage may be used on the secondary frontage only. (4) No sign shall cover more than -fer y (4G) twenty-five (25) percent of the wall or facia it occupies or is placed upon. (5) Businesses fronting only on a public/private parking lot, alley open mall, landscaped open space or other public way may use the building side facing such public way as the building frontage. Only one (1) such building side may be considered building frontage. Exception: On each street frontage one real estate sign not exceeding twenty-five (25) square feet in sign area and one construction sign not exceeding twenty-five (25) square feet in sign area may be erected in addition to the allowable sign area on any one site or entity. (e) Window signs. window signs shall be allowed in this zone a shall nc..,,m }e the definitien ef windew signs as set c..,,.}i. in seeti-en 28A-3se and shall be counted in the total allowable sign area, and shall not obscure more than twenty (20) percent of the glass surface area of the window(s). (f) (Residential uses) When the property is being used solely for residential purposes, the sign permitted on the premises and the requirements and regulations shall be as set forth in section 28A- 9, multiple -family residential. (g) Second -story signs. Signs for second -story businesses may be provided, but shall be part of the total sign area allocation for the --"'.-_-: corresponding building frontage on the ground floor below. No signs are allowed above the second story. (h) Pole signs. Pole signs shall not be permitted in a C-1 zone. (Ord. No. N.S. 497, Ss 1, 6-19-75; Ord. No. 76-528, Ss 1, 8-10-76; Ord. No. 76-538, Ss 1, 1-11-77; Ord. No. 79-527, Ss 1, 10-23-79; Ord. No. 81-669, Ss 1, 8-25-81; Ord No. 85-818, Ss 10, 11-26-85; Ord. No. 86-829, Ss Ss 1, 5, 9, 3-25-86) Sec. -12 13.5-13. Sign requirements and regulations, C-2 zone (restricted commercial) • ' 2 0 3 4 5 6 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 • 24 25 26 • 27 28 entertainment district, and as the City's downtown district. (a) [Permitted signs] In the C-2 zone, only the following signs shall be permitted per site, subject to the provisions and regulations hereinafter set forth: (1) Business signs. (2) Building identification signs. (3) One (1) real estate sign. (4) One (1) construction sign. (5) Temporary signu . (6) Percent of allowable sign area which may be used for commodity identification: Commodity equal to less than 10% of business... 10% Commodity equal to 10% to 50% of business... 25% Commodity equal to more than 50% of business... 75% Commodity identification for beverages sold by restaurants and markets... 10% (b) [Styles of signs] Only the following styles of signs shall be permitted per business. (1) One (1) wall sign. (2) One (1) ground sign per site. (3) One (1) awning sign. (3) Projecting sign. (business identification only) (4) One (1) marquee sign. b}frati eirgn-. (6) Window sign. (7 ) Banners +i-f—appreve —by 4 -en) (8) Mural. (Murals approved by the commission may be permitted. In its review the commission may waive specific provisions of this chapter relating to total sign area, coverage, height, type and style.) (9) Mebile signs are prehibit.ed.r These signs may be electrical, illuminated or neon. (c) Projection, and height and location. (1) Pref-eet i a #F,s ext_'er-T1U2r___:X12_M-_e=- the wall ef the building er ,.tr,,..ture to ..,i..:..h they are attaeied a—distanee—net to ex eedd the "mits set f er h rpt - Table -#e . 7 B, suet i e n 2 8 A 7. E ase€- the }gR may net -be u d­€er g -purpes s. A single, non -illuminated projecting business identification sign for each business is permitted and may be hung from a wall projection or marquee over an entry way, provided the sign does not exceed a total area of four (4) square feet per face and provided it shall be at least eight (8) feet above the sidewalk and may not project outward more than three (3) feet. (2) Wall signs shall not project more than six (6) inches from the wall of the building or structure. Ends of the sign may not be used for sign purposes. • 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 (3) All ground signs shall be located entirely on private property and cannot project over public property, and shall not exceed ten (10) feet from grade to the highest portion of the sign body. No ground sign shall be allowed in the C-2 zone that is greater than eight (8) feet in height, measured from the grade to the highest point of said sign. Ne pertie-e€-a-prej-ee�n ig -shy -than ten (10) .9 -et abe=aye- the parapet wall, reed--__- 1-ireef-a--buil-II—IJ, wh4-ehe-9-e-r-ks--the-lesser. (d) Allowable sign area. (1) Total permanent sign area shall not exceed two (2) square feet for each foot of lineal building frontage; provided however, that a minimum of twenty (20) square feet shall be allowed. Double -face sign area shall be calculated by counting one (1) side and one-half of the other side. previded the messages--awe-den t -•ea -l- (2) Where there is more than one (1) business or entity located on any one (1) site, the sign area shall be calculated separately for each entity or business according to its amount of building frontage. (3 ) Where a business or entity is abutted by more than one (1) street, the building frontage for said business or entity shall be the sum of the primary building frontage, plus one-half of any secondary building frontage, provided the secondary building frontage has a building entrance/exit which is open to the public during business hours for customer/pedestrian use, which entrance is fronting on a street or highway. Sign area granted by virtue of qualified secondary frontage may be used on the secondary frontage only. (4) No sign shall cover more than twenty-five (25) percent of the wall or facia it occupies or is placed upon. (5) Businesses fronting only on a public/private parking lot, alley open mall, landscaped open space or other public way may use the building side facing such public way as the building frontage. Only one (1) such building side may be considered building frontage. Exception: On each street frontage one real estate sign not exceeding twenty-five (25) square feet in sign area and one construction sign not exceeding twenty-five (25) square feet in sign area may be erected in addition to the allowable sign area on any one site or entity. (e) Window signs. window signs shall be allowed in this zone a-nd shall eenfeiq�► te-L-he defin=tlenef windew signs as set ferth in - seeti-en or-3,subse and shall be counted in the total allowable sign area and shall not obscure more than twenty (20) • • 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 percent of the glass surface area of the window(s). (f) Second -story signs. Signs for second -story businesses may be provided, but shall be part of the total sign area allocation for the pse-s corresponding building frontage on the ground floor below. No signs are allowed above the second story. (g) Pole signs. Pole signs shall not be permitted in a C-2 zone. (Ord. No. N.S. 497, Ss 1, 6-19-75; Ord. No. 76-528, Ss 1, 8-10-76; Ord. No. 76-538, Ss 1, 1-11-77; Ord. No. 79-527, Ss 1, 10-23-79; Ord. No. 81-669, Ss 1, 8-25-81; Ord No. 85-818, Ss 10, 11-26-85; Ord. No. 86-829, Ss Ss 1, 5, 9, 3-25-86) Sec. 2S -13 13.5-14. Sign requirements and regulations, C-3 zone (general and highway commercial) Intent: To regulate signs recognizing the characteristics of the General Commercial zone as an automobile oriented strip commercial district. (a) [Permitted signs] In the C-3 zone, only the following signs shall be permitted per site, subject to the provisions and regulations hereinafter set forth: (1) Business signs. (2) Building identification signs. (3) One (1) real estate sign. (4) One (1) construction sign. (5) Temporary sign. (6) Percent of allowable sign area which may be used for commodity identification: Commodity equal to less than 10% of business...10% Commodity equal to 10% to 50% of business... 25% Commodity equal to more than 50% of business... 75% Commodity identification for beverages sold by restaurants and markets... 10% (b) [Styles of signs] Only the following styles of signs shall be permitted per business. (1) One (1) wall sign. (2) One (1) ground sign, or one (1) pole sign per site. (3) One (1) awning sign. (4) One (1) marquee sign. (5)-9ne--(1) een natien s = J� (6) Window sign. (7) Banners . (8) Mural. (Murals approved by the commission In its review the commission may waive specific chapter relating to total sign area, coverage style.) . 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 These signs may be electrical, illuminated or neon. (c) Projection and height. (1) Prej-eetien signs may ext z.,fa t-3� the ; l a ; „ger n�rl�6n� e mal, i ef —z �..., a--a-rs.aneen9te-8ifee8the -iRrxs-sct €e=-�-�--X,_-=T-a,_e-rre. :7--B, s eezi-ell-z-8A :7. End -a er-the s;*" Tftay et be used€emsgn purpeses. (2) Wall signs shall not project more than six (6) inches from the wall of the building or structure. Ends of the sign may not be used for sign purposes. (3) All ground signs shall be located entirely on private property and cannot project over public property, and shall not exceed ten (10) feet form grade to the highest portion of the sign body. ,,. -al signs ;endprejeeting sig sh� "tVL7e h i gli'e2�1"IL�i Ts�eQTS�rr€eCL=Lb e v e—GTICparapet- wall, -reef errs ase line ne of a-bu 441- ! , whiehever is :the iessei° . (§)Revelviiiq signs ubjeet to felly a. Bees net nereaeh ever publie prepe-rty. aimit of ene-(1) revelving sig;; fe eh entity er busi-ness. net } e emeeed-ire-hunared e fee -d.hall net e.elvcmerethaneight (8)evelute— - „} a-nd-shall be se labeled by the manufaeture ef said sig e. The -re snap--bene€lashi ;--eft±-Mat-ien , b , nk; .,g, a ging e€ eelers ernteasit-y of I-ig .t_.. appe-r-aneee e f -ge, e tae•„a with Seeteh 16ight er ether s i fa; i zals . (d) Allowable sign area. (1) Total permanent sign area shall not exceed three (3) square feet for each foot of lineal building frontage. Both sides of a double -face sign shall be calculated when determining sign area. (2) Where there is more than one (1) business or entity located on any one (1) site, the sign area shall be calculated separately for each entity or business according to its amount of building frontage. (3) Where a business or entity is abutted by more than one (1) street, the building frontage for said business or entity shall be the sum of the primary building frontage, plus one-half of any secondary building frontage, provided the secondary building frontage has a building entrance/exit which is open to the public during business hours for customer/pedestrian use, which entrance is fronting on a street or highway. Sign area granted by virtue of qualified secondary frontage may be used on the secondary frontage only. II (4) No sign shall cover more than €er y (40) twenty-five (25) 28 2 3 4 5 6 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 • 24 25 26 • 27 28 percent of the wall or facia it occupies or is placed upon. (5) Businesses fronting only on a public/private parking lot, alley open mall, landscaped open space or other public way may use the building side facing such public way as the building frontage. Only one (1) such building side may be considered building frontage. (e) Window signs. window signs shall be allowed in this zone and shall eefife-rm ire the definitien of wi-nde—sligns as s2terth-3 it seetien 28A-3,subseet -(60) and shall be counted in the total allowable sign area, and shall not obscure more than twenty (20) percent of the glass surface area of the window(s). (f) Second -story signs. Signs for second -story businesses may be provided, but shall be part of the total sign area allocation for the se -9 corresponding building frontage of the ground floor below. No signs are allowed above the second story. (Ord. No. N.S. 497, Ss 1, 6-19-75; Ord. No.76-528, Ss 1, 8-10-76; Ord. No. 76-538, Ss 1, 1-11-77; Ord. No. 79-627, Ss 1,xx 79; Ord. No. 81-669, Ss 1, 8-25-81; Ord No. 85- 818, Ss 13, 11-26-85; Ord. No. 86-829, Ss Ss 3, 7, 11, 3-25-86) Pole signs. Pole signs are permitted but shall not exceed the height of the building on the same lot, or twenty (20) feet in height measured from existing tirade, whichever is lesser, and no part of the sign shall encroach or project within five (5) feet of any adiacent private property, or, encroach or project into the Public right-of-way. To qualify for a pole sign, the site must have at least forty (40) feet of street frontage. No pole sign may have more than one (1) sign can attached to it and all pole signs shall incorporate a raised landscaped planter. Sec. 2SA-14 13.5-15. Sign requirements and regulations in M zone (manufacturing). Sign requirements and regulations for businesses permitted in the M zone are the same as those set forth in section 28A-13. (Ord. No. N.S. 497, Ss 1, 6-19-75) Sec. 28A 15 13.5-16. Political signs. Any political sign shall be permitted on private property only, with the consent of the property owner, in any zone, for a reasonable period of time preceding an election. No political signs shall be posted on public property or utility poles. All political signs shall be removed within fifteen (15) days following the date of the subject election (Ord. No. N.S. 497, Ss 1, 6-19-75) Sec.A-16 13.5-17. Nonconforming signs in all zones. (a) ERemeval e-I•eet r i eatsigns. 3 All�� J ef this ehapter must e eemplet-ely re sed en er—bef$ire july 1, • • 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 • 24 25 26 • 27 28 signs -wie 3 w ,• •• c••, lAEj i9u r' SH 3a - --:IfI—,--e•z, Grdina-n repeal•ed juii= 19, , 1n^fc)--Sh-1-1-b- reeveiii aeeer_- a zh. 'EAXI - Eel leaving eclll •:- Epp i3-ng--departiiients shall, h •itn a -reaseiiaba- me, -eaS&e to -be si-rr}c net of ny let er parree4 w erme •a -there --ex •sseh-nen•ee•a-€ermrag -nenelee€riems-_-ig�-and sa4d--aetree shal-l-ad gi the -e•w er�-.r%a;t •Era 4d-net4ee-sha4 3: b-faade-tomeu h persesa4--serv-iee-er-by eertif ied ma�with return eeeipt requested—. (2)- within )-- year -after -•reee-ip-e€ said netie r} h e .. r er eeeepant ef saik-.'—,,-.eus e -t a—be €i l ed- a r -Te -"'rr_ v__ --en} eemmissienFein- a-excellsien of tim6-r--ferappre=v=as- 6 ma -rota in sa id sign in aeee •ese---t�he the dee siAii--ea inpreve hent ee issien t }ahe eicy eeu ell in aeeerdanee wi-th--the-preeedure sat-€er-•thnsee f-t-h-ks ehapter. ef time is reef d by t „� __ ~~�sS-ie�said signall a re -ty� prier-te -fir- - - - -_ --n - - the --e•mp-iratien-Srsaid -e# ceiiS 1 eia-vr-time. In event -that -said S•ignc shall be -wAllAn ene-() year after thee_eFie}fit of t -he netiee-e€-the existenee ••f the neneen $-nenel et--eal sign -S referred n}-vZcn eve (4) nim-gersea-An-vie=etrisae€ - s-subseetlan sha 3: be an in€raet-reTr— The -persan hieh- is in pessessien eshe-Ll-e�eswhere-the-s±•gn-is leea-ted shallbe deemed --in vi lat i e n o f th_ S -sub s e-ct i e i uaeh infra ci e n s i3 3:1 be a. r fine ..•t- meeed_.,g fif y deinars ($50.90) fer the first b. if iAthin sixty (60) days fter fin dispesitien e the •f-kl°.:r'�-vic -rez£niv-ch£said ---��$la��%�a'S-Ae�--s�ccrr-ted, cu � then - t ene ha -re aes ($ be impesed if within sixty (60). --days a. -ter frinal: s r e seeead- e=aten -}tea id sign vilat ien - as net -been -abated, -t 4 -}--will be deemed to be a thir-,4vielatien-a•' d a fiine net emeeeding }cwv-zh ed fiftj+`-d8I4a4&)—er- e eh a s; t ; i e t; e ef -he same er-dinanee "n ene (1) year will be I eet--e€-este-en-em4s in g - - n f ei g--sie signs wh4ehwe fe-r immediately :►tel v rreee'dring -t the adepie�i�i-t�irTer=F'V r- l�-e edit l°e ii- k►t� ��r i �.TSII 3 -vac S ti, epi ante•r---as--Seng-a•s�a�g�r •s --are -ne-�-e� - - j _ a _ e _ a _ _ ite = red,and�-as • 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 • 24 25 26 • 27 3 g--a�,urx•e is ne--eh-a rn-t-1,te-hi*s1ne•ss at -the l a eat -i a n--] z sai sign is utilized-. _ _ = mien--er reeenstruetien e€ -sign . dieneneenf s4ejn -red-e•r eeens�-uet d-•un•e-as-the-same ;-•,:�-n a4ter d er reeenstrueted, shall eemply with the requ4-re ►ens --a= `mss-ehapte A AIe . 76- 52 o Ss 1, 8 _3V-TD•TGr' . 'r'P: TT56•9, Ss 1, 7-2 7f 9 . Ne. :79 62-7�'J 1, 19-2 3 - 7-9} nonconforming structures and shall be removed or made to' comply whenever the following conditions occur. (a) The sign is damaged or destroyed to more than fifty (50) percent of its replacement cost and the destruction cannot be repaired within 30 days of its destruction. (b) The sign is altered, enlarged, remodeled, reconstructed, or relocated, other than facial copy replacement. c) The building or land use upon which the sign is located is expanded or enlarged and the sign is effected by the construction enlargement or remodeling, or the cost of construction, enlargement, or remodeling, exceeds 50% of the replacement cost of the buildin (d) A sign for which there has been an agreement between the sign owner and the city for compliance or removal on any given date. (e) The use of the sign has ceased, or the structure upon which the sign is located has been abandoned by its owner, for a period of not less than ninety (90) days. (f) The sign is or may become a danger to the public or is unsafe. (g) If the sign constitutes a traffic hazard not created by relocation of streets or highways or by acts of the City. Sec. i2SA-1r 13.5-18. Conditioned approval. The planning commission or the city council, on appeal, may attach appropriate and reasonable conditions to the approval of sign or signs in conjunction with the review of a Precise Development Plan, Conditional Use Permit or other discretionary land use, including but not limited to allowable projection and height, allowable sign area, location of sign or signs upon the lot or building, and other design modifications. In granting its conditioned approval, the commission shall find that: (1) The sign is permitted in the particular zone; and II (2) The modifications and conditions are reasonably compatible in 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 character and quality of design with the exterior architecture of the premises and other structures and signing in the immediate area; and (3) The modifications and conditions will not materially reduce the visibility of existing conforming signs in the area. (Ord. No. N.S. 497, Ss 1, 6-19-75; Ord. No. 82-697, Ss 3, 8-10-82) Sec. -28A -1-8 13.5-19. Variance The planning commission or the city council, on appeal, may grant a variance to the specific requirements of this chapter provided a demonstrated hardship exists and the proposed sign will not adversely affect public safety or the design and appearance of the surrounding neighborhood and the following conditions are found to exist: (1) A variance authorized is not a grant of a special privilege inconsistent with the limitations on other properties in the vicinity; and (2) Special conditions and extraordinary circumstances apply to the property and do no apply to the other properties in the vicinity so that the strict application of this chapter works a demonstrated hardship on the particular property; and (3) The variance will not adversely affect public safety and the design and appearance of the signing and structures of the surrounding area. (Ord. No. N.S. 497, Ss 1, 6-19-75; Ord. No. 82-697, Ss 3, 8-10-82) Sec. 24A-443 13.5-20. Sign review (a) The department of building and safety shall be the sign reviewing agency and shall make final determinations on all signs. Provided that any determination may be brought before the planning commission on appeal. (b) On appeal to the planning commission, or further appeal to the city council, the city shall post a notice for sign appeal hearing at least sixteen (16) inches by twenty (20) inches, posted in a prominent place on the subject premises, clearly visible from the street, for at least one week prior to the review, stating the type, number and size of signs proposed, the date and place of hearings, and the telephone number of the department of building and safety for further information. (c) A fee for a sign review shall be paid in accordance with an amount fixed by resolution of the city council. (Ord. No. 76-258, Ss 1, 8-10-76; Ord. No. 77-574, Ss l(III), 11-22-77; Ord. No. 82- 697, Ss 3, 8-10-82; Ord. No. 85-818, Ss 13, 11-26-85) Sec. 2 -SA --2-0 13.5-21. Temporary signs. 2 • 3 4 5 6 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 • 24 25 26 • 27 28 Temporary signs are allowed in addition to permanent signs subject to the following criteria: (1) Allowable area. The allowable area for one (1) or more temporary signs shall not exceed forty (40) percent of the allowable area for permanent signs provided that in any case a temporary sign of twenty (20) square feet in area shall be allowed, and one hundred (100) square feet shall be the maximum area. (2) Duration of display. The total duration of display for all temporary signs for any business shall not exceed n1nrety-(4-A} sixty _C601 days during any calendar year. The PA-nety sixty-day maximum allotment shall be used in increments of not less than thirty (30) days for each sign. (3) Applications. An application for a temporary sign shall be made in writing on forms furnished by the building official. Such application shall contain the location of the proposed temporary sign, as well as the name and address of the business owner. and sha•11 7C ae 1--" the written eirzez�the Z-ccvrcrvct-vwaicr e€t e-rty en W } be ereeted. The building official shall obtain written permission from the applicant to enter the subject property for the purpose of removing any temporary signs which remain displayed after their expiration date. {4-)-- Beads—App l rearms €er temperary signs shal-1 r e�ash�� �.ep�F�' te--quaran-�y�mev =���he temperar�y-s-igns---T-h7e� bui ding effieial�'hall establis 1-iChe aaI[feZ1T.,1t y,e�'f sa�-1a'CC-F7�71Fnd er•-e'agh deposit, thee-ameunt si��t emceed -tw-liunQ2CQ' f i f tydellars ($259.09). II'CcaYY`„ - esaid bends as Ce-lVrI[[ and sue -b-..d er easTI—dep6 shallbe held-43,�the"-G'=t� unties -1 -temp eek l ete lyreimeved . if the eity must remove --any tem era -r r --912a3-=—be. eharged ist said- eash de—it {�5}_CAl Exception to regulations. The requirements of this section shall not apply to temporary political signs, or to temporary real estate signs, or temporary construction signs &f-4trate-{-_G} sure-- e -et area. (5) Exception for temporary window signs. The requirements of the above sub -section (3) regarding applications shall not apply to temporary window signs of less than ten (10) square feet. (Ord. No. 76-529, Ss 1, 9-28-76; Ord. No. 79-627, Ss 1, 10-23-79; Ord. No. 82-697, Ss 3, 8-10-82; Ord. No. 85-818, Ss 14, 11-26-85) Sec. 2SA-2= 13.5-22. Reserved. Editor's note - Ord. No. 85-818, Ss 15, adopted Nov. 26, 1985, provided for the deletion of Ss 28A-21, administrative approval of signs, as derived from Ord. No. 77-574, Ss 1(III) , adopted Nov. 22, 1977; Ord. No. 78-582, Ss 1, adopted Apr. 11, 1978; Ord. No. 79- • • 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 28 627, Ss 1, adopted Oct. 23„ 1979; Ord. No. 81-669, Ss 1, adopted Aug. 25, 1981; and Ord. No. 82-697, Ss 3, adopted Aug. 10, 1982." 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. The City Council shall 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 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. PASSES, APPROVED, and ADOPTED this 27th day of April , 1993 by the following vote: AYES: Esserti,er, Midstokke, Wiemans NOES: Benz, Edgerton ABSTAIN: None ABSENT: None PRESIDENT ofd he/ City Council and MAYOR of the City of Hermosa Beach,- California ATTEST: CITY CLERK APPROVED AS ffTO O%R�M: 4�ad)e�' V apaC CITY ATTORNEY lh/signiv 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. 93-1085 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 April, 1993, and was published in the Easy Reader on May 6, 1993. The vote was as follows: AYES: Essertier, Midstokke, Mayor Wiemans NOES: Benz, Edgerton ABSENT: None ABSTAIN: None DATED: May 6, 1993 • • City C erk PROOF OF PUBLICATION (2015.5 C.C.P.) U aTATE 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 cierk of the printer of the BEACH PEOPLE'S EASY READER .................................................... .................................................... a newspaper of general circulation, printed WEEKLY ..... and published ............................. 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 or f the County of Los Angeles, State of California, under the date of ...921....... 19��,, 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: May 6 .................................................... all in the year 19.93. i certify (or declare) under penalty of perjury that the foregoing is true and correct. HERMOSA BEACH Oatedat ......................................... form ,this..,,6th.da of..tjsx., 19 .9..3. . .... ........ ............ Signatur free coo *$ of this bianit form mar be recur" from: • CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House P.O. Box 31 Los Ang*l*s, CA 90053 T*I*phone 625-2541 Please request G iI N @ RAL Proof M Publication when ordering this form. Proof of Publication of CITY OF HERMOSA BEACH ......................................4................... HBL-574 .......................................................... Paste Clipping of Notice SECURELY In This Space FF ELECTION ER 5-6-93 RD -485 e .y CITY OF HERMOSA BEACH SYNOPSIS OF ORDINANCE NO. 93-1085 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE SIGN ORDINANCE TEXT, AND TO RELOCATE THE ORDINANCE INTO THE ZONING ORDINANCE WHEREAS, the City Council held a public hearing on March 9,1993, to consider the recommendation of the Planning Commission to amend the sign ordinance and to consider oral and written testimony and made the following Findings: A. Sign ordinances are typically located in the zoning ordinance. B. A study has been conducted to compare the sign ordinance with sign ordinances of other cities, and while Hermosa Beach's ordinance is simi- lar in many ways, it needs updating and clarification. NOW, THEREFORE, the City Council of the Cityof Hermosa Beach, California, does hereby ordain that the Municipal Code be amended as follows: SECTION 1. Relocate the provi- sions of Chapter 28A, SIGNS, to the Zoning Ordinance, ARTICLE 13.5, and amend the text as follows: ARTICLE 13.5 Sec. 13.51. Purpose, Intent and Scope. (a) The purpose of this chapter is to provide minimum standards of all signs and sign structures not located within a building. The intent of this charter is to promote and maintain the attractiveness, orderliness, and dignity of the City's appearance, to preserve property values, and to pro- tect the welfare of citizens through the regulation of signs without impair- ing the ability of businesses to carry -out their normal functions. (b) Provides that no sign shall be erected in a manner which may con- fuse or obstruct the view or interpre- ,ation of any official traffic sign, signal or device or which may harm scenic values or other public interests. Sec. 13.52. Enforcement (a) The Building official is author rized and directed to enforce all chap- ter provisions. ,,ger wnwrrasign is located at all reasonable times to inspect the sign or to perform any duty imposed by this chapter. (c) It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use or maintain any sign or structure in the city, or cause or per- mit the same, in violation of the pro- visions of this chapter. Sec. 13.5.3. Definitions. Defines various words or phrases as used in this chapter. Sec. 13.5-4. Permits required. Provides conditions and exemp- tions regarding application for the issuance of sign permits, including electric permits for electric signs. Sec. 13.5.5. Maintenance. Provides various requirements regarding maintenance and removal of signs. Sec. 13.56. Inspections. Provides various requirements regarding inspection and removal of signs by the building official. Sec. 13.5.7. Design and construction. Provides various requirements regarding the design and construc- tion of signs, including use of materi- als, projections and clearance. Sec. 13.5-8. Prohibited signs. Provides various prohibitions re- garding content, size, locati„n, mate- rials, display and types of signs. Sec. 13.59. Sign requirements and regulations for residential uses. Provides various requirements, regulations, restrictions and excep- tions regarding signs located in all residential zones and on any prop- erty being exclusively used for resi- dential purposes in any zone. Sec. 13.510. Sign requirements and regulations, Residential- Professional(R-P) Zone. Provides various requirements, regulations, restrictions and excep- tions regarding signs located in the R -P zone. Sec. 13.511. Sign requirements and regulations in the Open Space (O.S.) Zone and the Restricted Open Space (O.S.-1) Zone. Provides approval conditions and certain restrictions regarding all new signs in the O.S. and O.S: 1 zones. Sec. 13.512. Sign requirements and regulations in the Neighborhood Commercial (C-1) Zone. In order to regulate signs in recog- nition of the un iq ue c haracteri st ics of neighborhood commercial districts, provides regulations and restrictions regarding certain signs. Sec. 13.513. Sign requirements and regulations in the Restricted Commercial (C-2) Zone. In order to regulate signs in recog- nition of the unique characteristics of restricted commercial zone as a pe- destrian oriented shopping and en- tertainment district, and as the City's downtown district, provides regula- tions and restrictions regarding cer- tain signs. Sec. 13.514. Sign requirements and regulations in the General and Highway Commercial (C-3) Zone. In orderto regulate signs in recog- nition of the unique characteristics of the General Commercial zone as an automobile oriented strip commer- cial district, provides regulations and, restrictions regarding certain signs. Sec. 13.515. Sign requirements and regulations in the Manufacturing (M) Zone. Provides that sign requirements,, and regulations for businesses per- mitted in the M zone are the same as those set forth in Section 28A-13. Sec. 13.516. Political signs. Provides regulations and restric- tions regarding political signs. Sec. 13.517. Nonconforming signs in all zones. Provides regulations and restric- tions regarding all signs lawfully ex- isting at the time of adoption of•this section which do not comply with the sign ordinance. Sec. 13.518. Conditional approval. Provides conditions which, on appeal, the Planning Commission or the City Council may attach to the approval of signs. Sec. 13.519. Variance. Provides conditions upon which, on appeal, the Planning Commission or the City Council may grant a vari- ance to the specific requirements of this chapter. Sec. 13.5.20. Sign review. Provides that the department of impose tees for sign reviews. r:.i(I Sec. 13.5-21 Temporary signs. Provides regulations and restric- tions regarding the use4f t , porary signs. Sec. 13.5-22. Reserved. SECTION 2. This ordinance shall become effective and be in full force and effect from and after thirty days of its final passage and adoption. SECTION 3. The City Attorney shall prepare a summary of this ordi- nance to be published in the Easy Reader prior to fifteen days after the date of its adoption. SECTION 4. 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 was passed and adopted. PASSED, APPROVED and ADOPTED this 27th day of April, 1993, by the following vote: AYES: Essertier, Midstokke, Mayor Wiemans NOES: Benz, Edgerton, ABSTAIN: None ABSENT: None ALBERT WIEMANS 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, City Attorney ER 516193 HBL-574 • • • • • • • 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 ORDINANCE 93-1086 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AM THE ZONING ORDINANCE TEXT, SECTION 13-6, PERTAINING TO RECONSTRUCTION OF NONCONFORMING STRUCTURES AND THE ADOPTION OF ENVIRONMENTAL NEGATIVE DECLARATION WHEREAS, the City Council held a public hearing on March 9 1993, to consider the recommendation of the Planning Commission to amend Section 13-6 and to receive oral and written testimony and made the following Findings: A. Rules regarding the reconstruction of nonconforming residential buildings should be written to respect individual property rights and the right for individuals and families to restore damaged homes while at the same time encourage and require rebuilding to conform with current codes when appropriate; B. Section 13-6 currently allows rebuilding only if damage does not exceed 50% of the replacement cost of the entire building without exception, which is overly restrictive; C. An environmental assessment has been conducted, and th proposed amendments have been found to qualify for a environmental negative declaration. NOW, THEREFORE, the City Council of the City of Hermos Beach, California, does hereby ordain that the zoning ordinanc text be amended as follows: SECTION I: Amend Section 13-6 to read as follows: A. "Reconstruction of a damaged nonconforming building A nonconforming building damaged to the extent of not more than fifty (50) percent of reasonable replacement cost at the time of its destruction by fire, explosion, or other casualty or Act of God, or the public enemy, may be restored and the occupancy or use of sucr building or part thereof which existed at the time of such partial destruction may be continued subject to all other provisions of this article. - 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 B. A nonconforming building damaged more than fifty (50) percent of reasonable replacement cost at the time of its destruction by fire, explosion, or other casualty or Act of God, or the public enemy, shall not be restored except in full conformity with the regulations for the zone in which it is located and the nonconforming occupancy or use of such building shall not be resumed. 1. Exceptions: Nonconforming residential buildings located in residential zones may be restored whatever the extent of the damage if approved by the Planning Commission based on the guidelines set forth below; provided that the rebuilt structure is made as conforming as possible in terms of parking standards and/or other zoning standards such as setbacks; and further provided there is no increase in any nonconformity. a) The density of the buildings or buildings on site does not exceed forty-five (45) units per acre b) The height of the building or buildings does not exceed twenty (20) percent more than permitted by the zone in which it is located; c) The basic structural features, setbacks, floo area, room sizes can be duplicated in complianc with current building and safety codes d) The cause of the destruction is not intentiona through arson or other means C. The extent of damage or partial destruction shall be based on the ratio of the estimated cost of restoring the structure to its conditions prior to such damage of partial destruction to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates shall be made or shall be reviewed and approved by the Director of Building and Safety and shall be based on the International Conference of Building Officials data. D. Disputes as to the interpretation of the provisions of this Section or any requested waiver of sub -section B(1) for residential structures in residential zones shall bE heard and resolved by the Planning Commission, subject to appeal to the City Council. The sub -section B.1(d) cannot be waived. E. If damage to structures is so widespread throughout th city due to a major emergency ( such as a earthquake o citywide fire) that the City Council or other governmen authority declares a State of Emergency, this Sectio will be superseded by any action of the City Counci taken at that time in regards to reconstruction o damaged buildings." - 2 - • n LJ 1 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 0 24 25 26 i27 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 11th day of May , 1993, by following vote: AYES: Benz, Edgerton Es.sertier, Midstokke NOES: Mayor Wi.emans ABSTAIN: ?;ono ABSENT: Noe; PRESIDENT off the City Council and MAYOR of the City of Hermosa Bea -h, California ATTEST• CITY CLERK APPROVED AS TO FORM: cKe,,4-L J pra-e CITY ATTORNEY - 3 - p/ccrsnon ACTIVITY IDEN' IEIC:ATION 1. Location a. Address: City wide b. Legal: •2. Descri tion Text aemn ment to Section 13-6 of the zoning ordinance, pertaining to reconstruction of damaged nonconforming structures 103. 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 im- plements 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 be- comes final, no comprehensive Enviromnental Impact Report is required for this project. FINDING OF ENVIRONMENTAL REVIEW COMMITTEE We have undertaken and completed an Environmental Impact Review of this pro- • posed 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, •p-r-evided tie-at-tic-tied—mit gatien—Teu&- -Ares—a-r-ete��udit would not have a significant effect on the environment. Documentation supporting, is finding is on file in the Planning Department. /j �7��'v- 2-4-93 Date of Finding man, Environment-c'ri Review Committee FINDING OF THE PLANNING COMMISSION We have undertaken and completed an Environmental Impact Review of this pro- ject in accordance with Resolution 89-5229 of the City Council of Hermosa Beach, and find that this project does not require a comprehensive Environ- mental. Impact Report because,-rejoded--}he�attached mitigation—rneas�res—a-r-e �n,adean—tragi Yr�e�-t, it would not have a significant effect on the en- vironment. Documentation support' g is finding is on file in the Plann- ing Department. ' 'C? u-� • Date of Finding Chairman, P anning Commission FINDING OF THE CITY COUNCIL We have undertaken and completed an environmental Impact Review of this pro- posed project in accordance with Resolution 89-5229 of the City Council of Hermosa Beach, and find this project does not require a comprehensive En- vironmental Impact Report because, pr-o�ided--tae—atto-ck�•ed—mgator�—teas-- e�—awe i ;old—ire t-kie—prioo-7e'ct, it would not have a significant effect on the environment. Documentation supporti-n`gthis finding is on file in the Planning Department.f%l Date of Finding Mayor, Hermosa Beach City Counc • 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. 93-1086 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 May, 1993, and was published in the Easy Reader on May 20, 1993. The vote was as follows: • AYES: Benz, Edgerton, Essertier, Midstokke NOES: Mayor Wiemans ABSENT: None ABSTAIN: None DATED: May 20, 1993 • • City C1 k is PROOF OF PUBLICATION (2015.5 G.G.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 printer of the BEACH PEOPLE'S EASY READER .................................................... .a.newspaper of general circulation, printed WEEKLY and published 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 Sp f the County of Los Angeles, State of 1 72 California, under the date of„9 2... 19... Case Number .SWC...........22940.... that the notice, of which the annexed Is a printed copy (sat 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: May 20th .................................................... 93 all in the year 19.... I certify (or declare) under penalty of perjury that the foregoing is true and correct. HERMOSA BEACH Datedat ......................................... &-al Ifornia, this. �Oth..day of.MaX.., 19..93 .. ......... . .. .r:............-....... Sign � •Fr” coons of this bianit form may be wur" tram: CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House P.O. Box 31 Los Angeles, CA 90053 Telephone 625-2541 Pt*aslrfrrtutstGiN@RAL Proof of PVblication whM ordsrin9 this fOrfh. Proof of Publication of CITY OF HERMOSA BEACH .......................................................... HBL-577 .......................................................... i- casualty or Act of God, or the public ( enemy, may be restored and the oc- cupancy or use of such building or E part thereof which existed at the time of such partial destruction may be continued subject to all other provi- sions of this article. B. Anonconforming building dam - CITY OF HERMOSA BEACH aged more than fifty (50) percent of ORDINANCE 93-1086 reasonable replacement cost at the AN ORDINANCE OF THE CITY OF time of its destruction by fire, explo- HERMOSA BEACH, CALIFORNIA, sion, or other casualty or Act of God, TO AMEND THE ZONING or the public enemy, shall not be ORDINANCE TEXT, SECTION restored except in full conformity with 13-6, PERTAINING TO THE the regulations for the zone in which RECONSTRUCTION OF it is located and the nonconforming NONCONFORMING occupancy or use of such building STRUCTURES AND THE shall not be resumed. ADOPTION OF AN 1. Exceptions: Nonconforming ENVIRONMENTAL NEGATIVE residential buildings located in resi- DECLARATION dential zones may be restored what- ever the extent of the damage if ap- WHEREAS, the City Council held proved by the Planning Commission a public hearing on March 9,1993, to based on the guidelines set forth consider the recommendation of the below; provided thatthe rebuilt struc- Planning Commission to amend Sec- ture is made as conforming as pos- tion 13-6 and to receive oral and sible in terms of parking standards written testimony and made the fol- and/or other zoning standards such lowing Findings: 9 A. Rules regarding thereconstruc- as setbacks; and further provided tion of nonconforming residential there is no increase in any nonconfor- buildings should be written to respect mity. individual property rights and the right• a) The density of the building or for individuals and families to restore buildings on site does not exceed damaged homes while at the same forty-five (45) units per acre; time encourage and require rebuild- b) The height of the building or ing to conform with current codes buildings does not exceed twenty when appropriate; (20) percent more than permitted by B. Section 13-6 currently allows the zone in which it is located; rebuilding only if damage does not c) The basic structural features, exceed 50% of the replacement cost setbacks, floor area, room sizes can of the entire building without excep- be duplicated in compliance with cur - tion, which is overly restrictive; rent building and safety codes; C. An environmental assessment d) The cause nalthroughhe arson o r has been conducted, and the pro- of not intentional through arson or posed amendments have been found other means. to qualify for an environmental nega- C. The extent ofdamage or partial live declaration. destruction shall be based on the NOW, THEREFORE, the City ratio of the estimated cost ofrestoring Council of the City of Hermosa Beach, the structure to its conditions prior to California, does hereby* ordain that such damageorpartialdestruction to the zoning ordinance text be amended the estimated cost of duplicating the as follows: entire structure as it existed prior SECTION 1: Amend Section 13-6 thereto. Estimates shall be made or to read as follows: shall be reviewed and approved by "Reconstruction of a damaged the Director of Building and Safety nonconforming building. and shall be based on the Interna - A. A nonconforming building dam- tional Conference of Building Offi- aged to the extent of not more than cials data. fifty (50) percent of reasonable re- D. Disputes as to the interpreta- placement cost at the time of its de- tion of the provisions of this Section struction by fire, explosion, or other or any requested waiver of sub-sec- Aion B(1) for residential structures in residential zones shall be heard and resolved by the Planning Commis- sion, subject to appeal to the City Council. The sub -section B.1 (d) can- not be waived. E. If damage to structures is so widespread throughout the city due to a major emergency (such as an earthquake or citywide fire) that the City Council or other government authority declares a State of Emer- gency, this Section will be super- seded by any action of the City Coun- cil taken at that time in regards to reconstruction of damaged buildings" 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- paper 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 lith day of May, 1993, by the following vote: AYES: Benz, Edgerton, Essertier, Midstokke NOES: Mayor Wiemans ABSTAIN: None ABSENT: None ALBERT WIEMANS 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, City Attorney ER 5/20/93 HBL-577 1 • 2 3 • 4 5 0 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 • 24 25 26 • 27 28 ORDINANCE 93-1087 ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE NING ORDINANCE TEXT FOR TRIP REDUCTION AND TRAVEL DEMAND ;ASURES (TDM) IN ACCORDANCE WITH STATE GOVERNMENT CODE SECTIONS 189 AND 55089.3 WHEREAS, the City Council held a public hearing on March 9, 1993 to receive and oral and written testimony on this matter and made the following Findings: A. The Legislature of the State of California has found that the lack of an integrated transportation system and the increase in the number of vehicles are causing traffic congestion that each day results in hundreds of thousands of hours lost in traffic, tons of pollutants released into the air and millions of dollars of added costs to the motoring public; and B . The Legislature has adopted legislation requiring the preparation and implementation of a Congestion Management Program ("CMP") by county transportation commissions or other public agencies of every county that includes an urbanized area; and C. The Metropolitan Transportation Authority ("MTA") is responsible for the preparation of the CMP for Los Angeles County ("County") , and D. The CMP must contain a trip reduction and travel demand management element that promotes alternative transportation methods, such as carpools, vanpools, transit, bicycles, walking and park -and ride -lots, improvement in the balance between jobs and housing, and other strategies, including flexible work hours, telecommuting and parking management programs; and E. The County and every city within the County is required by state law to adopt and implement a Transportation Demand Management (TDM) ordinance as an important element of the Congestion Management Program to improve both congestion and air quality; and F MTA must determine annually whether the County and cities within the County are conforming to the CMP, including the requirement to adopt and implement a TDM ordinance; and G, The CMP is an evolving program which will be developed incrementally, as experience is gained through its implementation, this TDM ordinance may be amended or superseded from time to time, as necessary to meet congestion and air quality goals; and H. The State Clean Air Act require regions to attain a 1.5 vehicle occupancy during the commute period by the year 1999; and 1 • 2 3 • 4 5 6 7 8 9 10 11 12 13 n U • • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This ordinance is intended to comply with the CMP's requirements for a TDM ordinance. The requirements of South Coast Air Quality Management District ("District") Regulation XV, are separate from this ordinance, and administered by the Air District. Nothing herein is intended, nor shall it be construed, to limit or otherwise preclude employers from offering or providing additional inducements to use alternatives to single -occupant vehicles to their employees necessary to meet Regulation XV requirements; and In order to use the existing and planned transportation infrastructure more efficiently, maintain or improve traffic levels of service, and lower motor vehicle emissions, it is the policy of the City of Hermosa Beach to minimize the number of peak period vehicle trips generated by additional development, promote the use of alternative transportation, improve air quality and participate in regional and countywide efforts to improve transportation demand management; NOW, THEREFORE, the City Council of the City of Hermosa Beach, California, on the findings above, does hereby ordain the following amendments to the Zoning Add the following text: ARTICLE 8.5 TRIP REDUCTION AND TRAVEL MANAGEMENT MEASURES c. 8.54 DEFINITIONS following words or phrases shall have the following meanings when used in this ordinance: A. " Alternative Transportation " means the use of modes of transportation other than the single passenger motor Vehicle, including but not limited to Carpools, Vanpools, Buspools, public transit, walking and bicycling. B , " Applicable Development " means any development project that is determined to meet or exceed the project size threshold criteria contained in Section 8.5-3 of this ordinance. C. " Buspool " means a Vehicle carrying sixteen or more passengers commuting on a regular basis to and from work with a fixed route, according to a fixed schedule. D. " Carpool " means a Vehicle carrying two to six persons commuting together to and from work on a regular basis. E. " The California Environmental Quality Act (CEQA), " a statute that requires all jurisdictions in the State of California to evaluate the extent of environmental 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 degradation posed by proposed development. F " Developer " shall mean the builder who is responsible for the planning, design and construction of an applicable development project. A developer may be responsible for implementing the provisions of this Ordinance as determined by the property owner. G, " Development " means the construction or addition of new building square footage. Additions to buildings which existed prior to the adoption of this ordinance and which exceed the thresholds defined in Section 8.5-3 shall comply with the applicable requirements but shall not be added cumulatively with existing square footage; existing square footage shall be exempt from these requirements. All calculations shall be based on gross square footage. H. " Employee Parking Area " means the portion of total required parking at a development used by onsite employees. Unless specified in the City's Zoning / Building Code, employee parking shall be calculated as follows: I. " Preferential Parking " means parking spaces designated or assigned, through use of a sign or painted space markings for Carpool and Vanpool Vehicles carrying commute passengers on a regular basis that are provided in a location more convenient to a place of employment than parking spaces provided for single occupant vehicles. J " Property Owner " means the legal owner of a Development who serves as the lessor to a tenant. The Property Owner shall be responsible for complying with the provisions of the ordinance either directly or by delegating such responsibility as appropriate to a tenant and / or his agent. K , " South Coast Air Quality Management District " (SCAQMD) is the regional authority appointed by the California State Legislature to meet federal standards and otherwise improve air quality in the South Coast Air Basin. L. " Tenant " means the lessee of facility space at an applicable development project. M. " Transportation Demand Management (TDM) " means the alteration of travel 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 behavior, usually on the part of commuters, through programs of incentives, services, and policies. TDM addresses alternatives to single occupant vehicles such as carpooling and vanpooling, and changes in work schedules that move trips out of peak period or eliminate them altogether (as in the case in telecommuting or compressed work weeks). N "Trip Reduction " means reduction in the number of work-related trips made by single occupant vehicles. O. " Vanpool " means a Vehicle carrying seven or more persons commuting together to and from work on a regular basis, usually in a vehicle with a seating arrangement designed to carry seven to fifteen adult passengers, and on a prepaid subscription basis. P " Vehicle " means any motorized form of transportation, including but not limited to automobiles, vans, buses, and motorcycles. ON 8.5-2 REVIEW OF TRANSIT IMPACTS to approval of any development project for which an Environmental Impact Report (EIR) will prepared pursuant to the requirements of the California Environmental Quality Act (CEQA) or on a local determination, regional and municipal fixed -route transit operators providing service to the project shall be identified and consulted with. Projects for which a Notice of (NOP) for a Draft EIR has been circulated pursuant to the provisions of CEQA prior to the effective date of this ordinance shall be exempted from its provisions. The "Transit Impact Review Worksheet", contained in the Los Angeles County Congestion Management Program Manual, or similar worksheets, shall be used in assessing impacts. Pursuant to the provisions of CEQA, transit operators shall be sent a NOP for all contemplated EIR's and shall, as part of the NOP process, be given opportunity to comment on the impacts of the project, to identify recommended transit service or capital improvements which may be required as a result of the project, and to recommended mitigation measures which minimize automobile trips on the CMP network. Impacts and recommended mitigation measures identified by the transit operator shall be evaluated in the Draft Environmental Impact Report prepared for the project. Related mitigation measures adopted shall be monitored through the mitigation monitoring requirements of CEQA. Phased development projects, development projects subject to a development agreement, or development projects requiring subsequent approvals, need not repeat this process as long as no 1 • 2 3 4 5 6 7 8 9 10 11 12 13 1411 15'i 16 17 18 19 20 21 22 23 • 24 25 26 • 27 28 nificant changes are made to the project. It shall remain the discretion of the lead agency to ermine when a project is substantially the same and therefore covered by a previously certified ECTION 8.5-3 TRANSPORTATION DEMAND AND TRIP REDUCTION MEASURES APPLICABILITY OF REQUIREMENTS or to approval of any development project, the applicant shall make provision for, as a minimum, of the following applicable transportation demand management and trip reduction measures. its ordinance shall not apply to projects for which a development application has been deemed " mplete" by the City pursuant to Government Code Section 65943, or for which a Notice of -paration for a DEIR has been circulated or for which an application for a building permit has been ,ived, prior to the effective date of this ordinance. facilities and improvements constructed or otherwise required shall be maintained in a state of repair. DEVELOPMENT STANDARDS (1) Non -Residential development of 25,000 square feet or more shall provide the following to the isfaction of the City: A. A bulletin board, display case, or kiosk displaying transportation information located where the greatest number of employees are likely to see it. Information in the area shall include, but is not limited to, the following: 1. Current maps, routes and schedules for public transit routes serving the site; 2. Telephone numbers for referrals on transportation information including numbers for the regional ridesharing agency and local transit operators; 3. Ridesharing promotional material supplied by commuter - oriented organizations; 4. Bicycle route and facility information, including regional / local bicycle maps and bicycle safety information; 5. A listing of facilities available for carpoolers, vanpoolers, bicyclists, transit riders and pedestrians at the site. (2) Non -Residential development of 50,000 square feet or more shall comply with Section 8.5- 3.B(1) above and shall provide all of the following measures to the satisfaction of the City: efficient access to nearby transit stations / stops. A. Not less than 10% of employee parking area, shall be located as close as is practical o the employee entrance(s), and shall be reserved for use by potential carpool / vanpool vehicles, 1 • ithout displacing handicapped and customer needs. This preferential carpool / vanpool parking 2 area shall be identified on the site plan upon application for building permit, to the satisfaction of 3 • he City. A statement that preferential carpool / vanpool spaces for employees are available and a 4 description of the method for obtaining such spaces must be included on the required transportation 5 information board. Spaces will be signed / striped as demand warrants; provided that at all times at G east one space for projects of 50,000 square feet to 100,000 square feet and two spaces for projects over 100,000 square feet will be signed / striped for carpool / vanpool vehicles. 8 B. Preferential parking spaces reserved for vanpools must be accessible to vanpool 9 vehicles. When located within a parking structure, a minimum vertical interior clearance of 7'2" 10 shall be provided for those spaces and accessways to be used by such vehicles. Adequate turning 11 radii and parking space dimensions shall also be included in vanpool parking areas. 12 C. Bicycle racks or other secure bicycle parking shall be provided to accomodate 4 13 bicycles per the first 50,000 square feet of non-residential development and 1 bicycle per each • 14 additional 50,000 square feet of non-residential development. Calculations which result in a 15 fraction of 0.5 or higher shall be rounded up to the nearest whole number. A bicycle parking 16 facility may also be a fully enclosed space or locker accessible only to the owner or operator of the 17 bicycle, which protects the bike from inclement weather. Specific facilities and location (e.g., 18 provision of racks, lockers, or locked room) shall be to the satisfaction of the City. 19 (3) Non- Residential development of 100,000 square feet or more shall comply with Sections 8.5-3.13(1) and 8.5-3.B(2) above, and shall provide all of the following measures to the 20 satisfaction of the City - 21 A. A safe and convenient zone in which vanpool and carpool vehicles may deliver or 22 board their passengers. 23 B, Sidewalks or other designated pathways following direct and safe routes from the • 24 external pedestrian circulation system to each building in the development 25 C. If determined necessary by the City to mitigate the project impact, bus stop 26 improvements must be provided. The City will consult with the local bus service • 27 providers in determining appropriate improvements. When locating bus stops and / 28 or planning building entrances, entrances must be designed to provide safe and efficient access to nearby transit stations / stops. • 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 D. Safe and convenient access from the external circulation system to bicycle parking facilities onsite. SECTION 8.5-4 MONITORING In order to assure compliance with this ordinance, Article 19, Section 1900 of the Hermosa Beach Zoning Code shall be complied with prior to the issuance of a certificate of occupancy from the building department. SECTION 8.5-5 ENFORCEMENT Enforcement of this ordinance shall be set forth in Article 19, Section 1902 and Article 20 of the Hermosa Beach Zoning Code. 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. The City Council shall 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, 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 23th day of March, 1993, by the following vote: AYES: Edgerton, Es.serti.er, Mayor Wi.emans NOES: None ABSTAIN: None ABSENT- �tokke.. PRESIDENT of the City Cot6arYand MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: X- �� CITY CLERK CITY ATTORNEY • • STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF HERMOSA BEACH ) I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do hereby certify that the foregoing Ordinance No. 93-1087 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 March, 1993, and was published in the Easy Reader on April 01, 1993. The vote was as follows: • AYES: Edgerton, Essertier, Mayor Wiemans NOES: None ABSENT: Benz, Midstokke ABSTAIN: None DATED: April 01, 1993 • • City Clegrk 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 WEEKLY andpublished ................................. 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 4Vf the County of Los Angeles, State of California, under the date of.2Z1, 19�L 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: ..e ................................................. all in the year 19.93 I certify (or declare) under penalty of perjury that the foregoing is true and correct. HERMOSA BEACH Gated at„. ............................ OA.liforni9,. this.......... day of......... 19 ..... t ................. . 4t7 ..........n fres cooies of this blank form may be secured from: CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House P.O. Box 31 Los Ang*l*s, CA 90053 Tolophon• 625-2541 Please r"U410 ON NERAL Proof of PV bllcatfon when of -daring this form. Proof of Publication of CITY OF HERMOSA BEACH .......................................................... HBL-5.72 .............. •CITY OF HERMOSA BEACH ... Sec 8.5-2 REVIEW OF TRAN- ..... C. 8.5-4. MONITORING -- SYNOPSIS OF ORDINANCE ,, SIT IMPACTS. Provides for the iden- Provides that persons shall com- N0.93-1087 tification and consultation of regional ply with Article 19, Section 1900 of AN ORDINANCE OF THE CITY OF and municipal fixed -route transit op- the Hermosa Beach Zoning Code HERMOSA BEACH, CALIFORNIA, .eratorsproviding service tothe project priorto the issuance ofa certificate of TO AMEND THE ZONING area prior to approvalofanydevelop- occupancy from the building depart - ORDINANCE TEXT FOR TRIP • ment project for which an Environ- mental Impact Report (EIR) will be mens. Sec. 8.5 5. ENFORCEMENT REDUCTION AND TRAVEL DEMAND MEASURES (TDM) IN prepared. Provides forexemption for Provides that enforcement of this ACCORDANCE WITH STATE projects for which a Notice of Prepa- ordinance shall be forth in Article GOVERNMENT CODE SECTIONS ration for a Draft Environmental im- 19,Section 1902 and Article 20 of the 65069 AND 65689.3 pact Report (DEIR) has been circu- ,-Hermosa Beach Zoning Code. WHEREAS, the City Council held latedprior tothe effectivedate ofthis SECTION 2. Ordinance shall be- apublichearingonMarch9,1993to' ordinance. Sec. 8.5-3 TRANSPORTATION come effective and be in full force and effect from and after thirty days of its receive and consider oral and written testimony on this matter and made DEMAND AND TRIP REDUCTION final passage and adoption. certain findingsincluding,butnotlim- including, cedtotindinhe MEASURES A. APPLICABILITY OF RE- SECTION 3. The City Attorney shallprepareasummaryofthisordi- following: A. The Legislature of the State of OUIREMENTS Provides that this ordinance not nance to be published in the. Easy Reader prior to fifteen days after the California has found that the lack an integrated transportation systemm apply to projects for which a develop- date of its adoption. SECTION 4. The City Clerk shall and the increase the number of ment application has been deemed "complete"by the City, orforwhich certify to the passage and adoption of vehicles are causin g traffic conges- tion; and Notice of Preparation for a draft EIR this ordinance, make minutes of its B. The Legislature has adopted has been circulated, or for which an application for a building permit has passage and adoption in the records of the proceedings of the City Council legislation requiring the preparation and implementation of a congestion been received prior to the ordinance's at which the same was passed and management Program ("CMP) by public agencies; and effective date. Provides that all facilities and v adopted. PASSED, APPROVED and C. The CMP must contain a trip improvements constructed or } ADOPTED this 23rd da y. of March, 1993, by the following vote: reduction and travel demand man- otherrwise required to be maintained VOTE: AYES agement element that promotes al- n a state of good repair. 9 p Edgerton`, Essertier, ternative transportation methods;and B. DEVELOPMENT STAN- MayorWieman's D. The CMP is an evolving pro- DARDS NOES: None gram which will be developed incre- (1) Provides that non-residential ABSTAIN: None mentally, and may be amended or developments of 25,000 square feet ABSENT: Benz, Midstokke superseded as necessary to meet or more shall provide a display of ALBERT WIEMANS congestion and airquality goals; and E. This ordinance is intended to certain transportation information lo- cated where the number of PRESIDENT of the City Council comply with the CMP's requirements greatest employees are likely to see it. and MAYOR of the City of Hermosa Beach, California for a TDM ordinance and is separate (2) Provides that.non-residential ATTEST: from the requirements of South Coast developments of 50,000 square feet i Elaine Doerfling, City Clerk Air Ouality Management District or more shall comply with provisions Regulation XV. in paragraph (1) and shall further F. In order to use the existing and provide: (a) designated and reserved APPROVED AS TO FORM: planned transportation infrastructure parking spaces for use by potential Charles S. -Vose, City Attorney more efficiently, maintain or improve carpool and vanpool vehicles that traffic levels of service, and lower total not less than 10% of employee ER 4/1/93 HBL-572 motor vehicle emissions, it is the parking area, are located as close as policy of the City to minimize the is practical to the employee entrance number of peak period vehicle trips and are identified on the site plan generated by additional development, upon application for building permit; promote the use of alternative trans- (b) accessible and have adequate portation, improve air quality and turning radii and parking space di - participate in regional and countywide mensions for preferential parking efforts to improve transportation de- spaces reserved for vanpools; and mand management; (c) bicycle racks or other secure bi- REFORE, the City NOW, THECouncilottheCity REFOrmosaBeach, cycle parking to accommodate 4 bi- cycles per the first 50,000 square feet of of non-residential development and 1 California, based on the findings bicycle per each additional 50,000 above, does hereby ordain the fol- square feet of non-residential devel- lowing amendments to the Zoning opment. Ordinance: SECTION 1. Add the following (3) Non-residential development text: of 100,000 square feet or more shall ARTICLE 8.5 comply with paragraphs (1) and (2) TRIP REDUCTION AND TRAVEL above, and shall further provide: (a)a safeand convenient areaforvanpool MANAGEMENT: MEASURES Sec' 8.5-1 DEFINITIONS. Defines and carpool vehicles to deliver or words or phrases as used in this board theirpassengers; (b) sidewalks t or other designated pathwways fol - ordinance. lowing direct and safe routes from the external pedestrian circulation sys- tem to each building in the develop- ment; (c) bus stop improvements as deemed necessary by the City; and (d) safe and convenient access from the external circulation system to on- site bicycle parking facilities. • C7 • 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. 93- 1088 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING ORDINANCE NO. 88-932 OF THE HERMOSA BEACH MUNICIPAL CODE, RELATING TO FIRE FLOW FEES WHEREAS, the City Council of the City of Hermosa Beach established a system in which improvements are made to the fire water flow protection system in order to increase the level of fire protection within the City; WHEREAS, the City Council finds that a relationship exists between new construction and the need to install, upgrade, and replace fire hydrants and other improvements to the fire protection water system to improve fire protection and prevent the spread of fires from building to building; WHEREAS, the City Council finds a direct relationship between new development in all zones of the City and the need for fire system improvements overall; WHEREAS, use of the fire truck is an integral part of fire protection and prevention of the spread of fires from building to building, as a part of the fire protection water system; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Ordinance No. 88-932, Exhibit "A", is hereby amended to include as Item 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." • 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. This ordinance shall become effective and be in full force and effect thirty days after the date of its adoption. SECTION 3. That 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 ordinance of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED, and ADOPTED this 13th day of April, 1993. P "ENT of the City Council, and MAYOR of the City of Hermosa Beach, California ATTEST: CITY CLERK APPROVED AS TO FO 0(t* -'4 I /. 1/d.?Q CITY ATTORNEY /MDT/ - 2 - EXHIBIT "A" • FIRE PROTECTION MEASURES SUBJECT TO FIRE PROTECTION FEE 1. 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. • • 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. 93-1088 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 13rd day of April, 1993, and was published in the Easy Reader on April 22, 1993. The vote was as follows: • AYES: Benz, Edgerton, Essertier, Mayor Wiemans NOES: Midstokke ABSENT: None ABSTAIN: None DATED: April 22, 1993 • • City Cl rk LJ PROOF OF PUBLICATION (2015.5 C.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 printer of the BEACH PEOPLE'S EASY READER .................................................... a newspaper of general circulation, printed WEEKLY ..... and published ............................. 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 &f the County of Los Angeles, State of California, under the date of..9/21,, 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: April 22nd .................................................... 93 all in the year 19.... 1 certify (or declare) under penalty of perjury that the foregoing is true and correct. HERMOSA BEACH Gated at„. ........4 ................. 7,;,,o4his22ndApri1930t.da of.19..... .............. Signatu •on” C**** W this bfanit Wnt may be socutYe "m: CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House P.O. Box 31 Los Ang*l*s, CA 90053 T*Isphon• 625-2541 Ploasa rpuost G a N @ RAL Proof of Publication wh*n orolorin9 this forth. Proof of Publication of CITY OF HERMOSA BEACH ........................................................... HBL-573 ............................. 4 .... ,.................. 444... r,a..o. >. F8r, .o+ CITY OF HERMOSA BEAC ORDINANCE NO. 93-1088 AN ORDINANCE OF THE CITY HERMOSA BEACH, CALIFOR AMENDING ORDINANCE NO. 932 OF THE HERMOSA BEA MUNICIPAL CODE, RELATING FIRE FLOW FEES Pas WHEREAS, the City Council of 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 April, 1993. ALBERT WIEMANS 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. Vase, City Attorney THE VOTE WAS AS FOLLOWS: -AYES: Benz, Edgerton, Essertier, Mayor Wiemans NOES: Midstokke ABSENT: None ABSTAIN: None EXHIBIT "A" FIRE PROTECTION MEASURES SUBJECTTO FIRE PROTECTION FEE 1.HYDRANTS 2. RISER CONNECTIONS FROM MAIN TO HYDRANT 3. NECESSARY VALVES AND ATTACHMENTS AS DETERMINED BY THE WATER COMPANY 4. REPAIRSTO PUBLIC IMPROVE— MENTS SUCH AS STREETS AND SIDEWALKS NECESSITATED BY THE INSTALLATION )' HY- DRANTS, RISERS AND NECES SARY VALVES AND ATTACH— MENTS. 5. THE TWO REMAINING LEASE/ PURCHASE PAYMENTS OF $39,770.24 EACH, FOR THE 1990 FIRE ENGINE, DUE RESPEC— TIVELY, MAY 29, 1993 AND MAY 29,1994. ER 4/22/93 HBL-573 the City of Hermosa Beach estab- lished a system in which improve - SE ments are madeto the firewaterflow protection system in orderto increase In the level of fire protection within the City; WHEREAS, the City Council finds that a relationship exists between new construction and the need to install, upgrade, and replace fire hy- drants and other improvements to the fire protection water system to im- prove fire protection and prevent the spread of fires from building to build- ing; WHEREAS, the City Council finds a direct relationship between new development in all zones of the City and the need for fire system improve- ments overall; WHEREAS, use of the fire truck is an integral part of fire protection and prevention of the spread of fires from building to building, as a part of the fire protection water system; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HER- MOSA BEACH, CALIFORNIA, DOES HEREBY ORDAIN. AS FOL- LOWS: SECTION 1. Ordinance No. 88- 932, Exhibit "A", is hereby amended to include as Item 5. The two remain- ing Lease/Purchase payments of $39,770.24 each, for the 1990 Fire Engine, due respectively,. May 29, 1993 and May 29, 1994." SECTION 2. This ordinance shall become effective and be in full farce and effect thirty days after the date of H its adoption. SECTION 3. That prior to the ex - OF piration of fifteen days after the Gate NIA, of its adoption, the City Clerk shall 88- cause this ordinance to be published CH in the Easy Reader, a weekly news - TO paperofgeneral 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 April, 1993. ALBERT WIEMANS 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. Vase, City Attorney THE VOTE WAS AS FOLLOWS: -AYES: Benz, Edgerton, Essertier, Mayor Wiemans NOES: Midstokke ABSENT: None ABSTAIN: None EXHIBIT "A" FIRE PROTECTION MEASURES SUBJECTTO FIRE PROTECTION FEE 1.HYDRANTS 2. RISER CONNECTIONS FROM MAIN TO HYDRANT 3. NECESSARY VALVES AND ATTACHMENTS AS DETERMINED BY THE WATER COMPANY 4. REPAIRSTO PUBLIC IMPROVE— MENTS SUCH AS STREETS AND SIDEWALKS NECESSITATED BY THE INSTALLATION )' HY- DRANTS, RISERS AND NECES SARY VALVES AND ATTACH— MENTS. 5. THE TWO REMAINING LEASE/ PURCHASE PAYMENTS OF $39,770.24 EACH, FOR THE 1990 FIRE ENGINE, DUE RESPEC— TIVELY, MAY 29, 1993 AND MAY 29,1994. ER 4/22/93 HBL-573 • 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 93-1089 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING ORDINANCE TEXT, SECTION 1160(d), PERTAINING TO THE DRIVEWAY GRADES AND THE ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION WHEREAS, the City Council held a public hearing on May 11 1993, to consider the recommendation of the Planning Commission to amend Section 1160(d) and to consider oral and written testimony and made the following Findings: A. Section 1160(d) establishes a maximum driveway slope of fifteen (15) percent, but includes an exception that the "chief building inspector may allow up to 25% when it is shown access can be made without any portion of the motor vehicle scraping the ground" B. This exception allows the construction of a driveway that may be unsafe for ingress and egress, and may havepotential inconsistent application of the exception depending on judgement of the chief building inspector; C. Clear standards should be established to replace the existing requirement for clear and consistent application of driveway grade requirements. D. An environmental assessment has been conducted, and the proposed amendments have been found to qualify for an environmental 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 I: Amend Section 1160(d) to read as follows: - 1 - F -L-] -I LJ 1 2 3 4 5 6 "No driveway providing access to any off-street parking space or garage shall have a slope greater than twenty (20) percent, provided that any ramp slope in excess of twelve and one-half (12 1/2) percent includes transitions on each side with a minimum length of eight (8) feet and a maximum slope of one-half the maximum ramp slope, in accordance with the driveway grade standards set forth below; further, any area used for guest parking shall have a maximum slope of twelve and one-half (12 1/2)percent. DRIVEWAY TRANSITIONS 1/2 -max. slope 8'-0" min. Transition 1/2 max. s Slope=20% max. tRamp 8'-0" min. 1, 8'-0" min. Transition NOTE: No part of ramp shall enchroach- into the Public Right -of -Way ly SECTION 2. This ordinance shall become effective and be in full 20 force and effect from and after thirty (30) days of 21 its final passage and adoption. SECTION 3. Prior to the expiration of fifteen (15) days after 22 the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a 23 weekly newspaper of general circulation published and circulated in the City of Hermosa Beach, in the 24 manner provided by law. 25 SECTION 4. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in 26 the book of original ordinances of said city, and •27 shall make minutes of the passage and adoption 28 - 2 - 1 • 2 3 •4 5 6 • "No driveway providing access to any off-street parking space or garage shall have a slope greater than twenty (20) percent, provided that any ramp slope in excess of twelve and one-half (12 1/2) percent includes transitions on each side with a minimum length of eight (8) feet and a maximum slope of one-half the maximum ramp slope, in accordance with the driveway grade standards set forth below; further, any area used for guest parking shall have a maximum slope of twelve and one-half (12 1/2)percent. DRIVEWAY TRANSITIONS 1/2 -max. slope 8'-0" min. Transition 1/2 max. slo Slope=20% max. tRamp 8'-0" min. j, 8'-0" min. Transition NOTE: No part of ramp shall enchrodch into the Public Right -of -Way IV 20 SECTION 2. This ordinance shall become effective and be in ful force and effect from and after thirty (30) days o 21 its final passage and adoption. 22 SECTION 3. Prior to the expiration of fifteen (15) days afte the date of its adoption, the City Clerk shall caus 23 this ordinance to be published in the Easy Reader, weekly newspaper of general circulation published an is 24 circulated in the City of Hermosa Beach, in th manner provided by law. 25 SECTION 4. The City Clerk shall certify to the passage an 26 adoption of this ordinance, shall enter the same i the book of original ordinances of said city, an 027 shall make minutes of the passage and adoptio 28 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 thereof in the records of the proceedings of the Cit) Council at which the same is passed and adopted. PASSED, APPROVED, and ADOPTED this 25th day of May , 1993, by following vote: AYES: Edgerton, Esserti.er, Midstokke, Mayor Wiemans NOES: Benz ABSTAIN: None ABSENT: mrrnr,,�,,. PRESIDENT f the City Council and MAYOR of the City of Hermosa Bea , California ATTEST: i=&�- CITY CLERK APPROVED AS TO FORM: 0 "1 J VEL CITY ATTORNEY p/persdway - 3 - ACTIVITY iDENT'lr'iCATION 1. Location City wide a. Address: b. Legal: •2. Description Text amendment to Section 1160(d) regarding driveway grades .3. 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 im- plements 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 be- comes final, no comprehensive Enviromnental Impact Report is required for this project. FINDING OF ENVIRONMENTAL REVIEW COMMITTEE We have undertaken and completed an Environmental Impact Review of this pro- posed project in accordance with Resolution 89-5229 of the City Council of Hermosa Beach, and find that this project does not require a comprehensive Environmental Impact Report because, �e a-t,_ae-re—m-�ig-a-ti-en me -a&= eres a-re—ineluded in the-projec-*, it would not have a significant effect on the environment. Documentation sup rting thisefinding is on file in the Planning Department. �_1l 12-17-92 Date of Finding C4,dtr-man, Environmental Review Committee FINDING OF THE PLANNING COMMISSION We have undertaken and completed an Environmental Impact Review of this pro- ject in accordance with Resolution 89-5229 of the City Council of Hermosa Beach, and find that this project does not require a comprehensive Environ- mental Impact Report because, previded—the attaehed mitigation measures are ineluded in the —Pr-Qjerz, it would not have a significant effect on the en- vironment. Documentation sup inthi finding is on file in the Plann- ing Department. ` r 0-ffat6 of Fin ing Chairman, Planning Commission FINDING OF THE CITY COUNCIL We have undertaken and completed an environmental Impact Review of this pro- posed project in accordance with Resolution 89-5229 of the City Council of •Hermosa Beach, and find this project does not require a comprehensive En- vironmental Impact Report because, p-r�-ed— the —at-t-a-ehed—miti ati-en meas- Vs are inc—luded in the p rojec , it would not have a significant effect on the environment. Documentation suppo ing this finding is on file in the Planning Department.'? Date of Findina Mayor, H osa Beach City Council • • 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. 93-1089 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 May, 1993, and was published in the Easy Reader on June 3, 1993. The vote was as follows: AYES: Edgerton, Essertier, Midstokke, Mayor Wiemans NOES: Benz ABSENT: None ABSTAIN: None DATED: June 3, 1993 • PROOF OF PUBLICATION (2015.5 C.C.P.) • 4 cunty ATE OF CALIFORNIA, 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 WEEKLY and published 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 0f the County of Los Angeles, State of California, under the date of„9/21 , 19�2,, 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: June 3rd .................................................... all in the year 19. 93. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Oated at ...HERMOSA BEACH ................................. Itlifornia, this... 3rd..dayof June19.93 . .. ....... . .a... ..•••• ................. Signatu(� Fr” C*'*" '01111E 0f1nk fOr1f1 f111Y b1 Witte"fr01t11 CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House P.O. Box 31 Los Angoios, CA 90053 Tolophon• 625-2541 �Ie/f/PWvtSf GiNERAL Proof of IWbf1<atton W"" *"*ring this form. Proof of Publication of CITY OF HERMOSA BEACH HBL-580 .......................................................... 0 CITY OF HERMOSA BEACH ORDINANCE NO. 93-1089 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING ORDINANCE TEXT, SECTION 1160(d), PERTAINING TO THE DRIVEWAY GRADES AND THE ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION WHEREAS, the City Council held a public hearing on May 11, 1993, to consider the recommendation of the Planning Commission to amend Sec- tion 1160(d) and to consider oral and written testimony and made the fol- lowing Findings: A Section 1160(d) establishes a maximum driveway slope of fifteen (15) percent, but includes an excep- tion that the "chief building inspector may al low up to 25%when it is shown access can be made without any portion of the motor vehicle scraping the ground. - B. This exception allows the con- struction of a driveway that may be unsafe for ingress and egress, and may have potential inconsistent ap- plication of the exception depending on judgement of the chief building inspector, C. Clear standards should be es- tablished to replace the existing re- quirement for dear and consistent application of driveway grade require- ments. D. An environmental assessment has been conducted, and tttg pro- posed amendments have been found to quality for an environmental nega- tive declaration. NOW, THEREFORE, the City Council of the City of Hermosa Beach, California, does hereby ordain that thezoning ordinance text be amended as follows: SECTION 1. Amend Section 1160(d) to read as follows: "No driveway providing access to any off-street parking space or ga- rage shall have a slope greater than twenty (20) percent, provided that any ramp slope in excess of twelve and one-half (12-1/2) percent includes transitions on each side with a mini- mum length of eight (8) feet and a maximum slope of one-half the maxi- mum ramp slope, in accordance with the driveway grade standards set forth herewith; further, any area used for guest parking shall have a maxi- mum slope of twelve and one-half (12-1/2) percent. (Drawing available in Planning 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 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- paper 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 25th day of May, 1993, by the following vote: VOTE: AYES: Edgerton, Essertier, Midstokke, Mayor Wiemans NOES: Benz ABSTAIN: None ABSENT: None ALBERT WIEMANS 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, City Attorney ER 6/3/93 HBL-580 0 r-1 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 27 281 ORDINANCE NO. 93-1090 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA AMENDING SECTION 22-3 OF THE PARKS REGULATIONS GENERALLY OF THE MUNICIPAL CODE. WHEREAS, discussions regarding amending the Parks Regulations Generally section were held by the Parks, Recreation and Community Resources Commission on January 21, 1993; and WHEREAS, the City Council desires to assure the safety of small children within the City's parks. THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY ORDAIN THE FOLLOWING TEXT AMENDMENT TO THE HERMOSA BEACH MUNICIPAL CODE: SECTION 1. That Chapter 22 Section 22-3 of the Municipal Code is hereby amended to add as follows: Section 22-3. "Park regulations generally." "(w) Lead or let loose any dog on or off leash in Sea View (19th and Prospect) and Fort Lots -o -Fun (6th and Prospect) parks." 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 • 0 0 C� 1 21 3 4 5 6 7 8' 91 10 11 12 13 14 15' 16 17 18 19 20 21 22 23 24 25 26 27 28 of general circulation published and circulated in the City of Hermosa Beach, in the manner provided by law. PASSED, APPROVED AND ADOPTED this 8th day of June 1993. PRESIDENT, o the City Council and MAYOR of the City of Hermosa each, California. ATTEST: APPROVED AS TO FORM: CITY CLERK CITY ATTORNEY • • STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF HERMOSA BEACH ) I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do hereby certify that the foregoing Ordinance No. 93-1090 was duly and regularly passed, approved and adopted by the City Council of the City of Hermosa Beach at a regular meeting held at the regular meeting place thereof on the 8th day of June, 1993, and was published in the Easy Reader on June 17, 1993. The vote was as follows: • AYES: Benz, Essertier, Midstokke, Mayor Wiemans NOES: None ABSENT: Edgerton ABSTAIN: None DATED: June 17, 1993 City C rk n LJ • PROOF OF PUBLICATION (2015.5 C.C.P.) • ESTATE 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 WEEKLY andpublished .... . . ...................... in the City of ,,,,, HERMOSA BEACH ...................... County of Los Angeles, and which newspaper has been adjudged a newspaper ofgeneral circulation by the Superior Court Of the County of Los Angeles, State of California, under the date of.. 9./21., 19 2,, Case Number .SWC...........22940.... that the notice, of which the annexed is a printed copy (sat 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: June 17 .................................................... all in the year 1 certify (or declare) under penalty of perjury that the foregoing is true and correct. HERMOSA BEACH Gated at„. ............................. lealifornia, thi 17th.day of June., 19.93. r •Fns cboiss of this blank fWM May 60 SOCtlt'ad from: CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House P.O. Box 31 Los Ang*i*s, CA 90053 T*I*phon* 625-2541 Plea” rnauast GRN GRAIL Proof of Publication when ordering this form. Proof of Publication of CITY OF HERMOSA BEACH .......................................................... HBL-583 .......................................................... - 0 CITY OF HERMOSA BEACH ORDINANCE NO. 93-1090 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 22-3 OF THE PARKS REGULATIONS .GENERALLY OF THE MUNICIPAL CODE. WHEREAS, discussions regard- ing amending the Parks Regulations Generally section were held by the Parks, Recreation and Community Resources Commission on January 21, 1993; and WHEREAS, the City Council de- sires to assure the safety of small children within the City's parks. THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALI- FORNIA, DOES HEREBY ORDAIN -THE FOLLOWING TEXT AMEND. MENT TO THE HERMOSA BEACH MUNICIPAL CODE: SECTION 1. That Chapter 22 Section 22-3 of the Municipal Code is hereby amended to add as follows: Section 22-3. "Park regulations generally.' '(w) Lead or let loose any dog on or off leash in Sea View (19th and Prospect) and Fort Lots -of -Fun (6th and Prospect) parks. - 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. PASSED, APPROVED' AND ' ADOPTED this8lhday ofJune,1993. ALBERT WIEMANS 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, City Attorney The vote was as follows: AYES: Benz, Essertier, Midstokke, Mayor Wiemans NOES: None ABSENT: Edgertoi, ABSTAIN: None ER 6/17/93 HBL-583 1 • 2 3 • 4 5 6 7 8 12 13 14 • 15 16 17 • U 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 93-1091 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING ORDINANCE NO. 86-852, SMOKING POLLUTION CONTROL, AND CHAPTER 14 1/2 OF THE HERMOSA BEACH MUNICIPAL CODE. WHEREAS, in early 1993, the Environmental Protection Agency released a report indicating that second-hand smoke is a leading cause of cancer among non-smokers, and WHEREAS, the City desires to provide a smoke-free work environment for all City employees and a smoke-free environment for all members of the public utilizing any city -owned buildings; and WHEREAS, smoking results in serious and significant physical discomfort of non-smokers and constitutes a public nuisance in public places and work places, and WHEREAS, the City desires to decrease its exposure to workers' compensation claims as a result of claims regarding second-hand' smoke exposure to employees: NOW, THEREFORE, THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 14 1/2-5. Prohibition of Smoking in Public) Places. Shall be amended to read as follows: "Smoking shall be prohibited in all City -owned buildings ands property described below: 1. All City -owned buildings including City Hall, Police Headquarters, Fire Station, Community Center, City Yard, Clark Stadium Building, the old South School Park Building, the old Prospect School Building, Base III, the Alano Club building and any other such buildings/enclosed facilities as the City may acquire,i excepting therefrom the atrium area of City Hall. 2. All City -owned vehicles." 1 • 2 3 • 4 5 I.- 9 10 11 12 13 14 is 15 16 17 18 19 20 21 22 23 • 24 25 26 • 27 28 SECTION 2. CEQA. The passage of this Ordinance is not a project nor will it have a significant impact on the environment. SECTION 3. SEVERABILITY. 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 a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council of the City of Hermosa Beach hereby declares that it would have passed this Ordinance, and each section, subsection, clause, sentence or phrase thereof, irrespective of the fact that any one or more other sections, subsections, clauses, sentences or phrases may be declared invalid or unconstitutional. SECTION 4. EFFECTIVE DATE. This Ordinance shall becomei effective and be in full force and effect from and after thirty (30) days of its final passage and adoption. i SECTION 5. PUBLICATION. The City Clerk shall certify to the passage hereof and prior to the expiration of fifteen days after the date of its adoption, shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of general circulation and circulated in the City of Hermosa Beach, California. PASSED, APPROVEDXyzr ADOPTED the��27th day of July,1993. PRESIDEN 'T)' THE CITY'COIL, AND AOR OF THE CITY OF HERMOSA BEACH, CALIFORNIA ATTEST: , CITY CLERK APPROVED AS TO FORM: �0-..2� 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. 93-1091 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 July, 1993, and was published in the Easy Reader on August 5, 1993. The vote was as follows: • AYES: Essertier, Midstokke, Mayor Pro Tem Edgerton NOES: Benz ABSENT: Mayor Wiemans ABSTAIN: None DATED: August 5, 1993 • • City C rk PROOF OF PUBL1tAT10N (2015.5 C.C.P.) • WTATE OF CALIFORNIA, ounty of Los Angeles, I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the printer of the BEACH PEOPLE'S EASY READER .................................................... a newspaper of general circulation, printed WEEKLY and published 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 &f the County of Los Angeles, State of California, under the date of„9/21, 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: August 5th. ............................4....................... 93 all in the year 19.... I certify (or declare) under penalty of perjury that the foregoing is true and correct. HERMOSA BEACH Datedat......................................... California, this...5th..day of.Auq.., 19 .,93 Slgnatur •PC” co**Sof MIs bfaflft form may bo><ICYrsd from: CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House P.O. Box 31 Los Angolas, CA 90053 Tolophono 625-25A1 Ploosorpuesf GIN@RAL Proof of Publicstlon wflen ordorinq tflif form. Proof of Publication of CITY OF HERMOSA BEACH ......................................................... HBL-587 .......................................................... decrease its exposure to workers' compensation claims as a result of c • i claims regarding second-hand smoke • exposure to employees: - NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HER- ER- MOSABEACH,CALIFORNIA,DOES MOSA BEACH, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: CITY OF HERMOSA BEACH SECTION 1. Section 14 1/2-5. ORDINANCE NO.93-1091 Prohibition of Smoking in Public AN ORDINANCE OF THE CITY OF Places. Shall be amended to read as HERMOSA BEACH, CALIFORNIA, AMENDING ORDINANCE NO.88- follows: "Smoking shall be prohibited in all 852, SMOKING POLLUTION City -owned buildings and property CONTROL, AND CHAPTER 14 1/2 described below: 1. All City -owned buildings includ- OF THE HERMOSA BEACH MUNICIPAL CODE. ing City Hall, Police Headquarters, WHEREAS, in early 1993, the Fire Station, Community Center, City Environmental Protection Agency Yard, Clark Stadium Building,the old South School Park Building, the old released a report indicating that sec- Prospect School Building, Base III, and -hand smoke is a leading cause the Alano Club building and any other oicanceramongnon-smokers, and such buildingstenclosed facilities as WHEREAS, the, City desires to 1heCitymayaoquire,exceptingthere- provide a smoke-free work environ- from the atrium area of City Hall. ment for all City employees and a 2. All City -owned vehicles." smoke-free environment for all mem- SECTION 2. CEGA. The passage bers of the public utilizing any city- of this Ordinance is not a project nor owned buildings; and WHEREAS, smoking results in will it have a significant impact on the serious and significant physical dis- environment. SECTION 3. SEVERABILITY. If comfort of non-smokers and consti- any section, subsection, sentence, tutes a public nuisance in public clause, or phrase ofthis ordinance is places and work places, and for any reason held to be invalid or WHEREAS, the City desires to unconstitutional by the decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordi- nance. The City Council of the City of Hermosa Beach hereby declares that it would have passed this ordinance, andeach section, subsection, clause, and phrase thereof, irrespective of the fact that any one or more sec- ections, tions,subsections, sentences, clauses, or phrases maybe declared invalid or unconstitutional. SECTION 4. EFFECTIVE DATE. 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. PUBLICATION. The City Clerk shall certify to the passage hereof and prior to the expiration of .fifteen days afterihe date of its adop- tion, 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, California. PASSED, APPROVED AND ADOPTED this 27th day ofJuly, 1993. SAM Y. EDGERTON PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: Elaine Doerfling, City Clerk APPROVED AS TO FORM: Charles S. Vose, City Attorney THE VOTE WAS AS FOLLOWS: AYES: -Benz, Essertier, Mayor Pro Tem Edgerton NOES: Midstokke ABSTAIN: None ABSENT: Mayor Wiemans ER 8/5/93 HBL-587 • 1 2 • 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 ?1 22 23 • 24 25 26 • 27 28 ORDINANCE 93- 1092 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING ORDINANCE TEXT, SECTION 1215(4) AND (5) TO PERMIT BARBED WIRE AND CHAIN LINK FENCING FOR TEMPORARY PERIODS IN CONJUNCTION WITH AN APPROVED OIL DEVELOPMENT PROJECT. WHEREAS, the City Council held a public hearing on July 13, 1993, to consider the recommendation of the Planning Commission and consider oral and written testimony and made the following Findings: A. Section 1215 (4) specifically prohibits barbed wire in conjunction with a fence; B. Section 1215 (5) only allows fences to be constructed of an aesthetically pleasing material of which chain link is not included; C. Barbed wire is a needed security requirement for the oil development oil testing phase. Chain link fencing is also needed on a temporary basis for security during the testing phase; D. Since oil development is limited to only one site in the City, the maintenance yard, the impacts of this amendment are insignificant or negligible, as set forth in the addenda to the EIR for oil development at the City yard site; NOW, THEREFORE, the City Council of the City of Hermo Beach, California, does hereby ordain that the zoning ordinan text be amended as follows: SECTION 1 Amend Sections 1215 (4) to read as follows (underlin text to be added): "(4) Under no circumstances shall any fence, wall, or hedg be constructed or altered to add razor wire, barbe wire, broken glass, or other similar material. Exception. Security fences around Oil developmen facilities may be installed with barbed wire during th active life of the oil wells. - 1 - • • SECTION 2. Amend Section 1215 (5) to read as follows: 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 Walls or fences shall be constructed of an aesthetically pleasing material such as earth -tone slit face block, wrought iron or simulated wrought iron, brick, wood, stucco, or a similar material approved by the Planning Director. Plain gray block is prohibited. Exception. Chain link fencing may be installed for temporary period around Oil development facilities during construction, exploration and testing phases in conjunction with an approved conditional use permit." SECTION 3. This ordinance shall become effective and be in ful force and effect from and after thirty (30) days o its final passage and adoption. SECTION 4. Prior to the expiration of fifteen (15) days afte the date of its adoption, the City Clerk shall caus this ordinance to be published in the Easy Reader, weekly newspaper of general circulation published an circulated in the City of Hermosa Beach, in th manner provided by law. SECTION 5. The City Clerk shall certify to the passage an adoption of this ordinance, shall enter the same i the book of original ordinances of said city, an shall make minutes of the passage and adoptio thereof in the records of the proceedings of the Cit Council at which the same is passed and adopted. PASSED, APPROVED, and ADOPTED this 27th day of ,7aly 1993, by the following vote: AYES: Benz,.. Essertie , Mayor Pro Tem Edgerton NOES: Midstokke ABSTAIN: None ABSENT: Mayor Wi-mans PRESID Hermos ATTEST: 46fl the City' Counc ach, California APPROVED AS TO FORM: 6��e CITY ATTORNEY p/pertaoil 7/6/93 - 2 - MAYOR of the City of • • 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. 93-1092 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 July, 1993, and was published in the Easy Reader on August 5, 1993. The vote was as follows: • AYES: Benz, Essertier, Mayor Pro Tem Edgerton NOES: Midstokke ABSENT: Mayor Wiemans ABSTAIN: None DATED: August 5, 1993 • City CA�erk PROOF OF PUBLICATION (2015.5 C.C.P.) f. J runty ATE OF CALIFORNIA, 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 WEEKLY ..... and published ............................. 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 0 the County of Los Angeles, State of California, under the date of..9/21 , 19�2,, 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: August 5th. .............................. all in the year 19..3. 1 certify (or declare) under penalty of perjury that the foregoing is true and correct. HERMOSA BEACH Oated at,,, ............................ 18-I Corn' , this ...5th..da of.Au9:., l9 93 y .....Shmai Ci;r** Cavi*%of Mis 1W.6"ft form may b* f*curod from: ALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House P.O. Box 31 Los Ang*l*s, CA 90053 T*I*phon* 625.2541 Pt*ass rpuesf OR NERAL Pr"f of Publication con*n ordering alis form. Proof of Publication of CITY OF HERMOSA BEACH .......................................................... r barbed wire, broken glass, or other r•^- f similar material. e a Exception.SeCurityfencesaround oil development facilities may be in- stalled with barbed wire during the active life of the oil wells. SECTION 2. Amend Section 1215 (5) to read as follows: CITY OF HERMOSA BEACH ORDINANCE NO. 93-1092 "(5) Walls or fences shall be con - AN ORDINANCE OF THE CITY OF strutted of an aesthetically pleasing HERMOSA BEACH, CALIFORNIA, material such as earth -tone slitfence TO AMEND THE ZONING block, wrought iron or simulated ORDINANCE TEXT, SECTION wrought iron, brick, wood, stucco, or 1215 (4) AND (5) TO PERMIT a similar material approved by the BARBED WIRE AND CHAIN LINK Planning Director. Plain grayblock is prohibited. FENCING FOR TEMPORARY Exception. Chainlinkfencing� PERIODS IN CONJUNCTION be installed for temporary period WITH AN around oil developmentfacilitiesdur- DEVELOPMENT PROJECT. WHEREAS,theCityCouncilheld WHERE PMENT PR Council in onstruction.explorationandtest- � a public hearing on July 13,1993, to ing phases in conjunction with an approved conditional use permit.' consider the recommendation of the SECTION 3. This ordinance shall PlanningCommissonandconsider oral and written testimony and made become effective and be in full force the following Findings: and effect from and atter thirty (30) A. Section 1215 (4) specifically days of its final passage and adop- prohibits barbed wire in conjunction tion. SECTION 4. Prior to the expira- with a fence; B. Section 1215 (5) only allows tion of fifteen (15) days after the date fences to be constructed of an aes- of its adoption, the City Clerk shall thetically pleasing material of which cause this ordinance to be published chain link is not included; in the Easy Reader, a weekly news - C. Barbed wire is a needed secu- paper of general circulation published rity requirement for the oil develop- and circulated in the City of Hermosa ment oil testing phase. Chain link Beach, in the manner provided by fencing is also needed on a tempo- rary basis for security during the test- law. SECTION S. The City Clerk shall ing phase; Certify to the passage and adoption of D. Since oil development is lim- this ordinance, Shall enter the same ited to only one site in the City, the in the book of original ordinances of maintenance yard, the impacts ofthis r said city, and shall make minutes of amendment are insignificant or neg- the passage and adoption thereof in ligible, as set forth in the addenda to the records of the proceedings of the the EIR foroil development at the City City Council at which the same is yard site; passed and adopted. NOW, THEREFORE, the City PASSED', APPROVED and Council oftheCity ofHennosaBeach, ADOPTED this 27th day ofJuly,1993, California, does hereby ordain that by the following vote: thezoningordinancetextbeamended ! AYES as follows: Benz, Essertier, Mayor Pro Tem SECTION 1. Amend Sections I Edgerton 1215 (4) to read as follows (under- NOES: Midstokke lined text to be added): ABSTAIN: None "(4)Undernocircumstancesshall ABSENT: Mayor Wiemans any fence, wall, or hedge be con- SAM Y. EDGERTON strutted or altered to add azor wire, 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, City Attorney ER 815193 HBL-588 • 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 93- 1093 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE OIL CODE, REGARDING THE DEFINITION OF GRADE AND TO AMEND SECTION 21A -2.9(C) TO ALLOW FENCING LESS THAN 5 FEET FROM THE PROPERTY LINE WHEREAS, the City Council held a public hearing on July 13, 1993, to consider the recommendation of the Planning Commission and to consider oral and written testimony and made the following Findings: A. Section 21A-1.20 defines grade as the lowest point of the elevation of the finished surface.... between the structure and the property line or when the property line is more than five feet from the structure, between the structure and a line five feet from the structure; B. This definition is sometimes overly restrictive because when measuring the height of a structure from grade, such as from an intentionally excavated well cellar for a storage tank, the height would have to be taken from the lowered grade; C. The requirement of Section 21A -2.9(c) that fencing be setback a minimum of five (5) feet from the property line is unnecessary and inconsistent with the zoning ordinance which has no setback requirements for commercially or industrially zoned property. D. These amendments to the grade definition, and fencin setback, since it only applies to the City maintenance yar, site at 555 6th Street, will result in insignificant o negligible impacts as set forth in the Addenda to EIR for of development at the City Yard; NOW, THEREFORE, the City Council of the City of Hermos Beach, California, does hereby ordain that the Oil Code text b amended as follows: - 1 - SECTION 1. Amend Section 21A-1.20, regarding the definition of GRADE to read as follows:: • 1 of "Grade" (adjacent ground elevation) means the lowest 2 point of elevation of the finished surface level of the ground, paving or sidewalk, within the area between the 3 structure and the property line or, when the property • line is more than five feet from the structure, between 4 the structure and a line five feet from the structure excluding excavations for well cellars and storage 5 tanks, within the enclosed area of the privacy wall described in Section 21A -2.9(c)" 6 SECTION 2. Amend Section 21A -2.9(C), second paragraph first 7 sentence, to eliminate the 5 -foot setback requirement for fencing, to read as follows: 8 "Setbacks for such fencing shall conform to the 9 provisions of the zoning ordinance for industrial or commercial property but in no case shall be less than 10 five feet from the property line. " 11 SECTION 4. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause 12 this ordinance to be published in the Easy Reader, a weekly newspaper of general circulation published and 13 circulated in the City of Hermosa Beach, in the manner provided by law. • 14 SECTION 5. The City Clerk shall certify to the passage and 15 adoption of this ordinance, shall enter the same in the book of original ordinances of said city, and 16 shall make minutes of the passage and adoption thereof in the records of the proceedings of the City 17 Council at which the same is passed and adopted. 18 PASSED, APPROVED, and ADOPTED this 27th day of July , 1993, by the following vote: 19 AYES: Benz, Essertier, Mayor Pro Tem Edgerton 20 NOES: Midstokke ABSTAIN: None 21 ABSENT: Mayor Wiem s 22 PRESIDENT,, f/the City Council a MAYOR of the City of 23 Hermosa Beach, California • 24 ATTEST: 25 CITY CLERK t1l C# APPROVED AS TOF RM: 26 de • 27 CITY ATTORNEY 28 p/pertoil 6/1/93 - 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. 93-1093 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 July, 1993, and was published in the Easy Reader on August 5, 1993. The vote was as follows: • AYES: Benz, Essertier, Mayor Pro Tem Edgerton NOES: Midstokke ABSENT: Mayor Wiemans ABSTAIN: None DATED: August 5, 1993 • U City aerk PROOF OF PUBLICATION (2015.5 C.C.P.) • :ATE OF CALIFORNIA, unty 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 WEEKLY and published 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 & the County of Los Angeles, State of California, under the date of.2Z , 19�,.,, 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: August 5th .................................................... all in the year 19. 93. I certify (or declare) under penalty of perjury that the foregoing is true and correct. HERMOSA BEACH Oated at„. �lifornia, this ...sth..da of.Aug.., 19 93 . .. ... . . ..... . ... .. ........... �� Signatur •fro” t004 S of this 644flit forffl may ba wur" from: CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House P.O. Sox 31 Los Ang*l*s, CA 90053 T*l*phon* 625-25A1 Pleasar"u*sf G9NERAL Proof of P-micatloel When ordorihq fh4s forth. Proof of Publication of CITY OF HERMOSA BEACH .......................................................... HBL-589 1 ertyline is morethan fivefeet fromthe structure, between the structure and ° r1 • .0 a line five feet from the structure 'r- 8los excluding a++'c f r w II ei I�r,4._a_nd storagg tanks within the area of the onva v wall .. described in motion 1 A 2 a ,, SECTION 2. Amend Section 21A - CITY OF HERMOSA BEACH 2.9(c), second paragraph first sen - ORDINANCE NO. 93-1093 tence,toeliminate the5-foot setback AN ORDINANCE OF THE CITY requirement for fencing, to read as COUNCIL OF THE CITY OF follows: HERMOSA BEACH, CALIFORNIA, 'Setbacks for such fencing shall TO AMEND THE OIL CODE, REGARDING THE DEFINITION OF conform to the provisions of the zon- ing ordinance for industrial or com- GRADE AND TO AMEND mercial property but in no case shall SECTION 21A -2.9(c) TO ALLOW be less than five feet from the prop - FENCING LESS THAN 5 FEET erty line." ' FROM THE SECTION 3,Thisordinanceshall PROPERTY LINE become effective and be in full force WHEREAS, the City Council held and effect from and after thirty (30) a public hearing on July 13, 1993, to days of its final passage and adop- consider the recommendation of the tion.. Planning Commission and to con- SECTION 4. Prior to the expira- sider oral and written testimony and tion of fifteen (15) days after the date made the following Findings: Of its adoption, the City Clerk shall A. Section 21A-1.20 defines grade cause this ordinance to be published as the lowest point of the elevation of in the Easy Reader, a weekly news - the finished surface . . between the paperofgeneralcirculationpublished structure and the propertylineorwhen and circulated in the City of Hermosa the property line is more than five feet Beach, in the manner provided by from the structure, between the struc- law. lure and a line five feet from the SECTION 5. The City Clerk shall structure; certify to the passage and adoption of B. This definition is sometimes this ordinance, shall enter the same overly restrictive because when mea- in the book of original ordinances of suring the height of a structure from said city, and shall make minutes of grade, such as from an intentionally the passage and adoption thereof in excavated well cellar for a storage the records of the proceedings of the tank, the height would have to be City Council at which the same is taken from the lowered grade; passed and adopted. C. The requirement of Section PASSED, APPROVED and 21A -2.9(c) that fencing be setback a ADOPTED this 27th day ofJuly,1993, minimum of five (5) feet from the by the following vote: property line is unnecessary and in- •AYES: Benz, Essertier, Mayor Pro consistent with the zoning ordinance Tem Edgerton which has no setback requirements NOES: Midstokke forcommerciallyorindustriallyzoned ABSTAIN: None property. ABSENT: Mayor Wiemans D. These amendmentstothe grade SAM Y. EDGERTON definition, and fencing setback, since PRESIDENT of the City Council it only applies to the City mainte- and MAYOR of the City of nance yard site at 5556th Street, will Hermosa Beach, California result in insignificant or negligible ATTEST: impacts asset forth intheAddendato ElaineDoerfling,CityClerk EIR for oil development at the City . APPROVED AS TO FORM: Yard; . Charles S. Vose, City Attorney NOW, THEREFORE, the City ER 8/5/93 HBL-589 Council of the City of Hermosa Beach, California, does hereby ordain that the Oil Code text be amended as follows: SECTION 1. Amend Section 21 A- 1.20, regarding the definition of GRADE to read as follows: " Grade" (adjacent ground eleva- tion) means the lowest point of eleva- tion of the finished surface level of the ground, paving or sidewalk, within the area between the structure and the property line or, when the prop- 1 • 2 3 • 4 5 6 7 8 91 10 11 12 13 14 • 15 16 17 • U 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 93-1094 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES ORDAIN AS FOLLOWS: SECTION 1. That an amendment to the contract between the City Council of the City of Hermosa Beach and the Board of Administration, California Public Employees Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit, and by such reference made part hereof as though herein set out in full. SECTION 2. The President of the City Council and Mayor of the City of Hermosa Beach is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency. SECTION 3. This ordinance shall take effect thirty (30) days from its adoption, and prior to the expiration of fifteen (15) days from the passage thereof shall be published at least once in the EasyReader, a newspaper of general circulation, published and circulated in the City of Hermosa Beach and thenceforth and thereafter the same shall be in full force and effect. PASSED, APPROVED and ADOPTED this 10th day of August, 1993. PRESIDENT of the City Council and MAYOR of the City Hermosa Beach, California ATTEST /e0aa �� -1� City Clerk 61 APPROVED AS TO FORM: City Attorney AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION • OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of above public agency, hereinafter referred to as Public Agency, having entered into a contract effective July 1, 1952, and witnessed June 24, 1952, and as amended effective December 1, 1956, August 1, 1962, October 1, 1964, June 1, 1979, April 1, 1980, October 1, 1981, February 1, 1983, January 1, 1986 and April 14, 1993, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective April 14, 1993, and hereby replaced by the following paragraphs numbered 1 through 12 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement • Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 60 for local miscellaneous members and age 50 for local safety members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after July 1, 1952 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members). • C. Employees other than local safety members (herein referred to as local miscellaneous members). 0 • 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: • a. SCHOOL CROSSING GUARDS HIRED ON OR AFTER DECEMBER 1, 1956; AND b. PERSONS COMPENSATED ON AN HOURLY BASIS EMPLOYED ON OR AFTER OCTOBER 1, 1964. 5. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member shall be determined in accordance with Section 21251.13 of said Retirement Law (2% at age 60 Full). 6. The percentage of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21252.01 of said Retirement Law (2% at age 50 Full). Public Agency elected to be subject to the following optional provisions: Sections 21380-21387 (1959 Survivor Benefits) excluding Section 21382.2 (Increased 1959 Survivor Benefits) and Section 21382.4 (Third Level of 1959 Survivor Benefits). • b. Sections 21263, 21263.1 and 21263.3 (Post -Retirement Survivor Allowance) for local safety members only. C. Section 20930.3 (Military Service Credit as Public Service), Statutes of 1976. d. Section 20024.2 (One -Year Final Compensation). Public Agency, in accordance with Government Code Section 20740, ceased to be an "employer" for purposes of Section 20759 effective on April 1, 1980. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20759, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20759. 9. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 10. Public Agency shall also contribute to said Retirement System as follows: • a. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. • • b. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law, • 11. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law, 12. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM 9th day of September 19 93 CITY COUNCIL OF THE CITY OF HERMOSA BEACH • BY CHIEF, CONTRACT SERVICES DIVISIO Presi g Officer PUBLIC EMPLOYEES' RETIREMENT SYSTEM PERS-CON-702 (AMENDMENT) (Rev. 10/92) • • Y-io- 93 Witness Date Attest: F;ir� I , TV, I / I UR PUBLIC EMPLOYEES' RETIREMENT SYSTEM Contract Services Division Public Agency Contract Services P. O. Box 942709 • Sacramento, CA 94229-2709 (916) 326-3420 (916) 326-3240 (TDD) • n U • • CERTIFICATION OF FINAL ACTION OF GOVERNING BODY I hereby certify that the City Council of the (governing body) City of Hermosa Beach (public agency) adopted on August 10, 1993, by an affirmative vote of a majority of the members of said Governing Body, (date) Ordinance No. 9 3 — 10 9 4approving the attached contractual agreement between (Ordinance/Resolution) the Governing Body of said Agency and the Board of Administration of the Public Employees' Retirement System, a certified copy of said Ordinance (Ordinance or Resolution) Board of Administration being attached hereto. Date / � PERS-CON-5 C0614 (Rev. 12/92) Clerk/Secretary Title in the form furnished by said • 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. 93-1094 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 August, 1993, and was published in the Easy Reader on August 20, 1993. The vote was as follows: AYES: Benz, Essertier, Midstokke, Mayor Wiemans NOES: None ABSENT: Edgerton ABSTAIN: None DATED: August 20, 1993 • City Cld6rk PROOF OF PUBLICATION (2015.5 C.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 printer of the BEACH PEOPLE'S EASY READER .................................................... a newspaper of general circulation, printed WEEKLY ..... and published ............................. 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 &f the County of Los Angeles, State of California, under the date of„921 , 1972,, Case Number .SWC........... ; 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: _August 20th ................................................. all in the year 19.93, I certify (or declare) under penalty of perjury that the foregoing is true and correct. Gated at„. HERMOSA BEACH ............................. 2 3 0ail ornia, this, .... day of. Aug :, 19 9 . Signature •Or” co*** of this blank form may be SOCur” from: CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House P.O. Box 31 Los Angeles, CA 90053 Telephone 625-25A1 Please request Gaff N H R Al Proof of Pvalcatfon when ordering this form. Proof of Publication of CITY OF HERMOSA BEACH .......................................................... HBL-592 ......................................................... r xgr' CITY OF HERMOSA BEACH ORDINANCE NO. 93-1094 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM THE CITY COUNCILOF THE CITY OF HERMOSA BEACH, DOES OR- DAIN AS FOLLOWS: SECTION 1. That an amendment tothe contract between the CityCoun- cil of the City of Hermosa Beach and the Board of Administration, Califor- nia Public Employees Retirement System is hereby authorized, a copy of said amendment being available at the office of the City Clerk, marked Exhibit, and by such reference made part hereof as though herein set out in full. SECTION 2. "eres en o e City Council and Mayor of the Clfy of ' HerrrasaBeachishereby authorized, empowered, and directed to execute said amendment for and on behalf of said Aa•>.. 6> G 23-1993 • - SECTION3. This ordinance shall j c take effect thirty (30) days from its adoption, and prior to the expiration —" y..,i, $1 * Clerk Ctry offifteen (15) days fromthe passage 1�•%, or NerncsaBeach thereof shall be published at least once in the Easy Reader, a newspa- per of general circulation, published and circulated inthe CityoiHermosa Beach and thenceforth and tharea t• ter the same shall be in full force and effect: PASSED. APPROVED and ADOPTED this 10th day of August, 1993 ALBERT WIEMANS PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: Elaine Doodling, City Clerk APPROVED AS TO FORM: Charles S. Vose, City Attorney THE VOTE WAS AS FOLLOWS: AYES: Benz, Essertier, Midstokke, Mayor Wiemans NOES: None ABSTAIN: None ABSENT: Edgerton ER 8120/93 HBL-592 1 • 2 3 • 4 5 6 71 8' 9 10 11 12 13 14 • 15 16 17 18 19 20 21 22 23 • 24 25 26 • 27 KIM ORDINANCE NO. 93- 1095 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CONFIRMING THE REPORT OF THE DIRECTOR OF PUBLIC WORKS DATED MAY 18, 1993, PREPARED PURSUANT TO RESOLUTION NO. 93-5593 AND APPROVED PURSUANT TO RESOLUTION NO. 92-5607 OF SAID COUNCIL, THE MAP AND ASSESSMENT CONTAINED IN SAID REPORT; ORDERING CERTAIN CROSSING GUARD MAINTENANCE SERVICES TO BE FURNISHED AND MAINTAINED FOR THE FISCAL YEAR BEGINNING JULY 1, 1993. CITY OF HERMOSA BEACH CROSSING GUARD MAINTENANCE DISTRICT 1993-1994 WHEREAS, the City Council of the City of Hermosa Beach, California, did in Resolution No. 93-5593 of said Council, pursuant to the provisions of the "Crossing Guard Maintenance District Act of 1974" (Chapter 3.5, Articles 1, 2, 3 and 4, Sections 55530 Through 55570, of the Government Code of the State of California), require the Director of Public Works of said City to make and file with the Clerk of the City Council a report in writing, presenting certain matters relating to the proposed Crossing Guard Maintenance District 1993-1994, as contemplated under the provisions of said Act; and WHEREAS, the Director of Public Works, pursuant to the requirements of said City Council as expressed in Resolution No. 93-5593 did on the 18th day of May, 1993, file in the office of the City Clerk (who is ex -officio Clerk of the City Council) of said City, his report in writing responsive to the requirements of said Resolution No. 93-5593 and as contemplated under the provisions of said Act; and WHEREAS, the said City Council did in Resolution No. 93-5607 approve said report on the 25th day of May, 1993, in conformity with the provisions of said Act; and - 1 - 1 WHEREAS, said City Council did thereafter and on said 25th • 2 day of May, 1993, pass its Resolution of Intention No. 93-5606 3 declaring its intention to order certain Crossing Guard • 4 Maintenance Services for the fiscal year beginning July 1, 1993; 5 and 6 WHEREAS, said City Council did on said 25th day of May, 1993, 7 in its Resolution No. 93-5606 fix and designate Tuesday, the 13th 8 day of July, 1993, at the hour of 8:00 pm of said day as the time 9 for hearing protests in reference to the proposed maintenance and 10 assessment, at the Council Chamber, in the City Hall, Civic 11 Center, in the City of Hermosa Beach, California; and 12 WHEREAS, at the time and place above stated for hearing 13 protests in reference to the proposed maintenance and assessment, 14 certain written and oral protests and objections were filed and • 15 presented, which said protests and objections were fully and 16 regularly heard and considered by said City Council; and 17 WHEREAS, said City Council being fully advised does hereby 18 proceed as follows: 19 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, 20 CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: 21 SECTION 1. That said City Council does hereby deny all 22 protests and objections and does hereby approve, confirm and 23 adopt the said report of said Director of Public Works dated the • 24 18th day of May 1993, and does hereby approve and confirm the 25 assessment proposed for said proposed maintenance services as set 26 forth and referred to in said report, which said report is now on • 27 file in the office of the City Clerk of said City, open to 28 inspection, hereby referred to and made a part thereof; and said - 2 - 1 City Council does hereby also confirm and adopt the respective • 2 instruments therein contained and designated therein as MAP OF 3 CROSSING GUARD MAINTENANCE DISTRICT 1993-1994, and Estimate • 4 Assessment, all of which, on file as aforesaid, are hereby 5 incorporated herein and made a part hereof. 6 SECTION 2. That said City Council does hereby order the said 7 contemplated maintenance services to be furnished in accordance 8 with the said map and assessment therefore, so adopted and 9 approved, and does hereby order and determine that the fiscal 10 year referred to in said Resolution of Intention No. 93-5606 is 11 hereby fixed and established as the period commencing on the 1st 12 day of July, 1993, and ending on the 30th day of June, 1994, both 13 dates inclusive, as therein set forth; and said City Council does 14 hereby levy the said proposed assessment made to cover the costs • 15 and expenses of said maintenance services upon the land within 16 the assessment district described in said Resolution of Intention 17 No. 93-5606 and as fixed and determined by said report, dated May 18 18, 1993, and the proposed assessment, filed therewith, as 19 aforesaid, in the office of the City Clerk of said City, for the 20 fiscal year beginning July 1, 1993, and ending June 30, 1994, 21 both dates inclusive. 22 SECTION 3. That the City Council hereby orders and directs 23 the City Treasurer to establish a special fund entitled, 24 "Crossing Guard Maintenance District 1993-1994 Fund"; and who • 25 shall place into said Fund all payments of assessments received 26 from the County Tax Collector and payment shall be made out from • 27 said special Fund only for the purposes provided for in said 28 Chapter 3.5, Articles 1, 2, 3 and 4, Sections 55530 through - 3 - 1 • 2 3 • 4 5 6 7 Rl 9I 10 11 12 13 14 • 15 f [il 17 18 19 20 21 22 23 • 24 25 26 • 27 28 55570, of the Government Code of the State of California. SECTION 4. That the City Clerk of said City is hereby ordered to transmit, or cause to be transmitted, to the County Auditor of Los Angeles County, State of California, as contemplated under the provisions of the "Crossing Guard Maintenance District Act of 1974111 the Map and Assessment upon which such levy is based, and the County Tax Collector of said County (who is also the City Tax Collector for said City) is ordered and directed to make collection of all assessments shown required by law of and to be performed by the office, employee, or person so designated. SECTION S. That prior to the expiration of fifteen days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the EASY READER, a weekly newspaper of general circulation published and circulated in the City of Hermosa Beach. SECTION 6. That this ordinance shall take effect thirty (30)1 days after adoption. PASSED, APPROVEP3-W ADOPTED is 27th day of July, 1993. PRESIDENT ATTEST: City Clerk pworks/cgord the City Coun .l nd MAYOR of the City of Hermosa California - 4 - APPROVED AS TO FORM: City Attorney • • STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF HERMOSA BEACH ) I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do hereby certify that the foregoing Ordinance No. 93-1095 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 July, 1993, and was published in the Easy Reader on August 5, 1993. The vote was as follows: • AYES: Benz, Essertier, Midstokke, Mayor Pro Tem Edgerton NOES: None ABSENT: Mayor Wiemans ABSTAIN: None DATED: August 5, 1993 • • City lerk PROOF Of PUBLICATION. (2015.5 C.C.P.) c: 4ATE OF CALIFORNIA, unty 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 WEEKLY ..... and published ............................. 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 0 the County of Los Angeles, State of California, under the date of. 2Z , 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: August 5th .................................................... all in the year 19.93. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at„.HERMOSA BEACH .............................. 911fornia, this ..,5th..da of.Au.1 19 93 r r o C.. .. �. . .. . ...... Iff” coops of Milt bleak form may bo sseuroe from: ALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House P.O. Box 31 Los Angors, CA 90053 Tol*phono 625-2541 Ploss/navosf GiNERAL Proof of Publication whon ordorinq this form. Proof of Publication of CITY OF HERMOSA BEACH .......................................................... HBL-590 .........................................................• SECTIONS Th 11heC'1 Council o a o f CITY OF HERMOSA BEACH ORDINANCE NO. 93-1095 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CONFIRMING THE REPORT OF THE DIRECTOR OF PUBLIC WORKS DATED MAY 18, 1993, PREPARED PURSUANT TO RESOLUTION NO. 93-5593 AND APPROVED PURSUANT TO RESOLUTION NO. 92-5607 OF SAID COUNCIL, THE MAP AND ASSESSMENT CONTAINED IN SAID REPORT; ORDERING CERTAIN CROSSING GUARD MAINTENANCE SERVICES TO BE FURNISHED AND MAINTAINED FOR THE FISCAL YEAR BEGINNING JULY 1, 1993. CITY OF HERMOSA BEACH CROSSING GUARD MAINTENANCE DISTRICT 1993-1994 WHEREAS, the City Council of the City of Hermosa Beach, Califor- nia, did in Resolution No. 93-5593 of said Council, pursuant to the provi- sions of the "Crossing Guard Mainte- nance District Act of 1974" (Chapter 3.5, Articles 1, 2, 3 and 4, Sections 55530 through 55570, of the Govern- ment Code of the State of California), require the Director of Public Works of said City -to make and file with the Clerk of the City Council a report in writing, presenting certain matters relating to the proposed Crossing Guard Maintenance District 1993- 1994, as contemplated underthe pro- visions of said Act; and WHEREAS, the Directorof Public Works, pursuant to the requirements of said City Council as expressed in Resolution No. 93-5593 did on the 18th day of May, 1993, file in the office of the City Clerk (who is ex - officio Clerk of the City Council) of said City, his report in writing respon- sive tothe requirements of said Reso- lution No. 93-5593 and as contem- plated under the provisions of said Act; and WHEREAS, the said City Council did in Resolution No. 93-5607 ap- prove said report on the 25th day of May, 1993, in conformity with the provisions of said Act; and WHEREAS, said City Council did thereafter and on said 25th day of May, 1993, {pass its Resolution of Intention No. 93-5606 declaring its intention to order certain Crossing Guard Maintenance Services for the fiscal year beginning July 1, 1993; and WHEREAS, said City Council did on said 25th day of May, 1993, in its a Resolution No. 93-5606 fix and des- ignate Tuesday, the 13th day of July, 1993, at.lhe hour of 8:00 p.m. of said day asthdtime for hearing protests in reference to the proposed mainte- nance and assessment, at the Coun- cil Chamber, in the City Hall, Civic Center, in the City of Hermosa Beach, California; and WHEREAS, at the time and place above stated for hearing protests in reference to the proposed mainte- nance and assessment, certain writ- ten and oral protests and objections were filed and presented, which said protests and objections were fully and regularly heard and considered by said City Council; and WHEREAS, said City Council being fully advised does hereby pro- ceed as follows: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HER- MOSA BEACH, CALIFORNIA, DOES HEREBY ORDAIN AS FOL- LOWS: SECTION 1. That said City Coun- cil does hereby deny all protests and objections and does hereby approve, confirm and adopt the said report of said Director of Public Works dated the 18th day of May, 1993, and does hereby approve and confirm the as- sessment proposedforsaid proposed maintenance services as s?t forth and referred to in said report, which said report is now on file in the office of the City Clerk of said City, open to inspection, hereby referred to and made a part thereof; and said City Council does hereby also confirm .and adopt the respective instruments .therein contained and designated therein,as MAP OF CROSSING GUARD MAINTENANCE DISTRICT 1993-1994, and Estimate Assess- ment, all of which, on file as afore- said, are hereby incorporated herein and made a part hereof. SECTION 2. That said City Coun- cil does hereby order the said con- templated maintenance services to be furnished in accordance with the said map and assessment therefore, so adopted and approved, and does hereby order and determine that the fiscal year referred to in said Resolu- tion of Intention No. 93-5606 is hereby fixed and established as the period commencing on the 1 st day of July, 1993, and ending on the 30th day of June, 1994, both dates inclusive, as therein set forth; and said City Coun- cil does hereby levy the said pro- posed assessment made to cover the costs and expenses of said main- tenance services upon the land within the assessment district described in said Resolution of Intention No. 93- 5606 and as fixed and determined by said report, dated May 18,1993, and the proposed assessment, filed there- with, as aforesaid, in the office of the City Clerk of said City, for the fiscal year beginning July 1, 1993, and ending June 30, 1994, both dates inclusive. a y hereby orders and directs the City Treasurer to establish a special fund entitled, "Crossing Guard Mainte- nance District 1993-1994 Fund'; and who shall place into said Fund all payments of assessments received from the County Tax Collector and payment shall be made out from said special Fund only for the purposes provided for in said Chapter 3.5, Ar- ticles 1, 2, 3 and 4, Sections 55530 through 55570, of the Government Code of the State of California. SECTION 4. That the City Clerk of said City is hereby ordered to trans- mit, or cause to be transmitted, to the County Auditor of Los Angeles County, State of California, as con- templated under the provisions of the "Crossing Guard Maintenance Dis- trict Act of 1974;' the Map and As- sessment upon which such levy is based, and the County Tax C61lector of said County (who is also the City Tax Collector for said City) is ordered and directed to make collection of alt assessments shown required by law of and to be performed by the office, employee, or person so designated. SECTION 5. That prior to the ex- piration of fifteen 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. SECTION 6. That this ordinance shall take effect thirty (30) days after adoption. PASSED, APPROVED AND ADOPTED this 27th day of July, 1993. SAM Y. EDGERTON PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: Elaine Doerfling, City Clerk APPROVED AS TO FORM: Charles S. Vose, City Attorney THE VOTE WAS AS FOLLOWS: AYES: Benz, Essertier, Midstokke, Mayor Pro Tem Edgerton NOES: None ABSTAIN: None ABSENT: Mayor Wiemars ER 8/5193 HBL-590 • • • • 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. 93-1096 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO ESTABLISH A DOWNTOWN BUSINESS AREA ENHANCEMENT DISTRICT COMMISSION AND TERMINATING THE VEHICLE PARKING DISTRICT AND THE BOARD OF PARKING PLACE COMMISSIONERS. WHEREAS, the Vehicle Parking District was established in 1964 pursuant to the Vehicle Parking District Law of 1943 (California Streets and Highways Code, Section 31500 et seq.), and; WHEREAS, a separate Board of Parking Place Commissioners has been appointed by the City Council pursuant to the Vehicle Parking District Law of 1943 to oversee the activities of the Vehicle Parking District; and WHEREAS, there is a need to expand the permissible range of activities under the jurisdiction of the current Board of Parking Place Commissioners that can be performed by such district within the borders of the geographical district constituting the current Vehicle Parking District including, but not limited to, opera- tion and management of parking places, promotion of public events which benefit businesses in the area, promotion of tourism and business within the area, capital improvement projects within the district, and activities which benefit businesses located and operating in the area; and WHEREAS, it is in the public interest to promote the economic revitalization of businesses in general and the physical appear- ance and maintenance of the downtown business district of the 1 • 2 3 • 4 5 6 7 8 9'' 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 • 24 25 26 • 27 28 City of Hermosa Beach in the area now known as the Vehicle Parking District in order to create jobs, attract new business and expand the existing tax base for the City of Hermosa Beach; I and WHEREAS, the City Council desires to replace the Vehicle Parking District with a Downtown Area Enhancement District Commission as a separate commission with the authority to set and establish parking policy within the district and supervise parking places within the district consistent with the legislative authority and review of the City Council, and to make recommendations to the City Council on the leasing of said parking lots, acquisition of additional parking places and the expenditure of revenues to promote the enhancement of business in general and the physical appearance of the district; and WHEREAS, the City Council desires to dedicate to the Downtown Business Area Enhancement District Commission all revenues here- tofore accumulated by the Hermosa Beach Vehicle Parking District as well as those revenues which will henceforth be accumulated from the operations of the public parking lots within the district for use in implementing those recommendations to be made to the City Council by said Commission for the purposes specified herein. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: 13350 2 . 1 • 2 3 • 4 5 6 7' 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 is 24 25 26 SECTION 1. Article XV of Chapter Two of the Hermosa Beach Municipal Code is amended to read as follows: "ARTICLE XV. DOWNTOWN BUSINESS AREA ENHANCEMENT DISTRICT COMMISSION Sec. 2-140. Created; Composition; Terms There is hereby created a Downtown Business Area Enhancement District Commission which shall consist of the five (5) members. The current members of the Board of Parking Place Commission shall serve as the initial members of the Commission. Following the appointment of Commission members for their initial staggered terms, Commission members shall serve for a period of four (4) years and no member shall remain on said Commission for a period of time longer than two (2) consecutive terms. If a vacancy shall occur otherwise than by expiration of term, it shall be filled by appointment by the City Council for the unexpired portion of the term. Upon the expiration of a full term, each member of the Commission shall serve until a successor is appointed and qualified, except that in the event of a written resignation filed with the City Manager and accepted by action of the City Council, said resignation shall become effective on the date set forth therein. Two (2) absences from regularly scheduled meetings of any member within one (1) calendar quarter, and/or four absences from regular meetings within one (1) calendar year creates an auto- matic vacancy. There shall be no distinction between excused or unexcused absences. When an automatic vacancy occurs, the staff • 27 liaison shall promptly notify the City Council, the Commission 28 and the member. The automatic vacancy shall not be effective 13350 3. • 11 2 3''I • 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 is 24 25 26 • 27 O� until Council receives notice and fails to waive application of this section. The City Council may waive application of the automatic vacancy upon its own motion; otherwise, the vacancy so created shall be filled pursuant to this section. Commissioners shall be persons of business experience and ability. Commissioners may be owners or lessees of real property within the district. Commissioners meeting these requirements may be residents or non-residents of the City of Hermosa Beach. Sec. 2-141. Declaration of Purpose. The City Council finds and declares that it is in the public interest to promote the economic revitalization and physical appearance and maintenance of the business districts in the city in order to create jobs, attract new businesses, and prevent erosion of the business districts. The City Council finds and declares that providing improvements and promoting activities which benefit these business districts confer benefits upon the community and upon the business districts for which the improve- ments and activities are provided. The real property to be included within the review and recommendations of the Downtown Business Area Enhancement District Commission shall be the boundaries of the former Hermosa Beach Vehicle Parking District. These boundaries may be extended and expanded as recommended by the Commission and approved by the City Council. Sec. 2-142. Commission Duties; Responsibilities; Activities The duties, responsibilities and activities of the Commission shall include the authority to set and establish parking policy for the public lots within the District boundaries, subject to review by the City Council. This authority shall include, but 13350 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 not be limited to, the setting of parking lot rates, hours of operation, signage, maintenance, and preferential parking policy, including the use of and cost paid for validations by the businesses within the district, daily permit parking, monthly permit parking, and special event parking. The Commission shall also review and make recommendations to the City Council for any and all contracts, agreements, leases and renewal of leases for the operation of the public parking lots within the district and for the study of and acquisition of additional parking places within the district. The Commission shall further review, study and make recommendations to the City Council for the expenditure of revenues from the funds described in Section 2-143 herein for all activities, promotions and improvement projects which enhance business in general and the appearance of the district as a whole. With the revenue received by the City from these parking lots and prior accumulated funds of the Vehicle Parking District, the Commission shall prepare a budget for and make recommendations to the City Council for the funding of certain improvements and activities to benefit and enhance the designated business district. The type or types of improvements and activities that may be proposed to be funded by the Commission include, but is not limited to, the following: (a) acquisition of additional parking; 27 28 13350 (b) construction of parking structures; (c) landscaping, sidewalk and street improvements; 5. • • C 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 (d) benches, trash receptacles, fountains, street lighting; (e) promotional activities which enhance business and tourism within the district; (f) retention of professional consultants to advise the Commission and City Council on any activity within the jurisdiction of the Commission; (g) Other improvements and activities which confer special benefits upon the businesses for which the improvements and activities are provided. Sec. 2-143. Funding of Improvements and Activities. The above improvements and activities will be funded from the revenues heretofore accumulated by the Vehicle Parking District and those revenues generated from the parking areas designated above and any other revenues that may become available to the Commission. There will be no assessments imposed upon businesses or property owners within the District to fund the activities of the Commission. SECTION 2. The City Council hereby dissolves and terminates the Hermosa Beach Vehicle Parking District No. 1. 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 13350 6. • 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 the passage and adoption thereof in the records of the proceed- ings of the City Council at which the same is passed and adopted. PASSED, APPROVED, and ADOPTED,,th-j/,6� 10th day of August, 1993. ATTEST: President of the City Council and Mayor of the City of Hermosa Beach, California City Clerk APPROVED AS TO FORM: n�� L , I- "e , City Attorney 13350 7. c: ABSENT: Edgerton ABSTAIN: None j DATED: August 20, 1993 City 4fterk, • 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 I Ordinance No. 93-1096 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 August, 1993, and was published in the Easy Reader on August 20, 1993. The vote was as follows: • AYES: Benz, Essertier, Mayor Wiemans NOES: Midstokke ABSENT: Edgerton ABSTAIN: None j DATED: August 20, 1993 City 4fterk, • A • PROOF OF PUBLICATION (2015.5 C.C.P.) 4County ATE OF CALIFORNIA, 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 WEEKLY ..... and published ............................. in the City of, HERMOSA BEACH ............... County of Las Angeles,...and...whi.ch newspaper has been adjudged a newspaper of general circulation by the Superior Court �f the County of Los Angeles, State of California, under the date of„921 , 19�L Case Number ,SWC. 22940; that the notice, of which the annexed 1s a printed copy (set in type not smaller than nonpareil), has been published In each regular and entire issue of said newspaper and not 1n any supplement thereof on the following dates, to -wit: ........ Auust.20th all in the year 19. 9:. I certify (or declare) under penalty of perjury that the foregoing is true and correct. HERMOSA BEACH Dated at,,,,,,,, ................................. tfiis.. 20th .da of Aug. ,, 19.9 3. t.fornia, .............................. .............. Signature �� •Prss1 C60*6 M Mls blank form maybe saeumm from: CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House P.O. Box 31 Los Ang*i*s, CA 90053 T*I*phon* 625-2541 Ploaso rtau*st Gt N 6 RAL Proof of Publication wnen ordorin9 this form. Proof of Publication of CITY OF HERMOSA BEACH .......................................................... HBL-593 Paste Clipping of Notice SECURELY In This Space (see attached) y '6, / AUG 2 31993 ; My Cletk .,1P City of He.m^.;n Bauch • • • 0 CITY OF HERMOSA BEACH ORDINANCE NO. 93-1096 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO ESTABLISH A DOWNTOWN BUSINESS AREA ENHANCEMENT DISTRICT COMMISSION AND TERMINATING THE VEHICLE PARKING DISTINCT AND THE BOARD OF PARKING PLACE COMMISSIONERS. WHEREAS, the Vehicle Parking District was established in 1964 pur- suant to the Vehicle Parking District Law of 1943 (California Streets and Highways Code, Section 31500 at seq.) and; WHEREAS, a separate Board of Parking Place Commissioners has been appointed by the City Council Pursuant to the Vehicle Parking Dis- irfct Law of 1943 to oversee the activi- ties of the Vehicle Parking District; and WHEREAS, there is a need to expand the permissible range of ac- tivities s tivities under the jurisdiction of the current Board of Parking Place Com- missioners that can be Performed by such district within the borders of the geographical district constituting the current Vehicle Parking District In- cluding, but not limited to, operation and management of parking places, promotion of public events which benefit businesses in the area, pro- motion of touramand businesswithin the area, capital Improvement projects within the district, and activF ties which benefit businesses located and operating in the area; and WHEREAS, it Is in the public in- terest to promote the economic revi- talization of businesses in general and the physical appearance and maintenance of the downtown busi- ness district of the City of Hermosa Beach in the area now known as the Vehicle Parking District in order to create jobs, attract newbusiness and expand the existing tax base for the City of Hermosa Beach; and WHEREAS, the City Council de- sires to replace the Vehicle Parking District with a Downtown Area En- hancement District Commission as a separate commission with the au- thority to set and establish parking policy within the district and super. vise parking places within the district consistentwith the legislative author- ity and reviewof the City Council, and to make recommendations to the City Council on the leasing of said parking lots, acquisition of additional parking places and the expenditure of rev- enues to promote the enhancement of business in general and the physi- cal appearance of the district; and WHEREAS, the City Council de- sires to dedicate to the Downtown Business Area Enhancement District Commission all revenues heretofore accumulated by the Hermosa Beach Vehicle Parking District as well as those revenues which will henceforth be accumulated from the operations of the public parking lots within the district for use in implementing those recommendations to be made to the City Council by said Commission for the purposes specified herein. NOW, THEREFORE, THE CITY COUNCIL OF THE CiTY OF HER. MOSA BEACH, CALIFORNIA, DOES HEREBY ORDAIN AS FOL- LOWS: SECTION i. Article XV of Chap- ter Two of the Hermosa Beach Municipal Code Is amended to read as follows: "ARTICLE XV. DOWNTOWN BUSINESS AREA ENHANCEMENT DISTRICT COMMISSION See. 2-140. Created; Composi- tion; Terms There Is hereby created aDown- town Business Area Enhancement District Commission which shall con- sist of five (5) members. The current members of the Board of Parking Place Commission shall serve as the Initial members of the Commission. Following the appointment of Com- mission members for their initial stag- gered terms. Commission members shall serve for a period of four (4) years and no member shall remain on said Commission fora period of time bngerthan two (2) consecui lve terms. If a vacancy shall occur otherwise than by expiration of term, it shall be filled byappointmentbythe CityCoun- cil for the unexpired portion of the term. Upon the expiration of a full term, each member of the Commis- slon shall serve until a successor is appointed and qualified, except that in the event of a written resignation filed with the City Manager and ac- cepted by action of the City Council, said resignation shall become effec- tive on the date set forth therein. Two (2) absences from regularly scheduled meetings of any member within one (1) calendar quarter, and/ or four absences from regular meet- ings within one (1) calendar year creates anautomaticvacancy. There shall be no distinction between ex- cused or unexcused absences. When an automatic vacancy occurs, the staff liaison shall promptly notify the City Council, the Commission and the member. The automatic vacancy shall not be effective until Council receives notice and falls to waive application of this section. The City Council may waive application of the automatic vacancy upon Its own motion; otherwise, the vacancy so created shall be filled pursuant to this section. Commissioners shall be persons of business experience and ability. Commissioners may be owners or lessees of real property within the district. Commissioners meeting these requirements may be residents or non-residents of the City of Her- mosa Beach. See. 2.141. Declaration of Pur. pose. The City Council finds and'de- dares that it is in the public interest to Promote the economic revitalization and physical appearance and main. tenance of the business districts In the city in order to createjobs, attract new businesses, and prevent ero. sion of the business districts. The City Council finds and declares that Providing improvements and promot- ing activitieswhich benefitthese busi- ness districts confer benefits upon the community and upon the busi- ness districts for which the improve- ments and activities are provided. The real property to be included within the review and recommendations of the Downtown Business Area En- hancement District Commission shall be the boundaries of the former Her- mosa Beach Vehicle Parking Dis. trict. These boundaries may be ex. tended and expanded as recom- mended by the Commission and ap- proved by the City Council. Sec. 2-142. Commission Duties; Responsibilities; Activities. The duties, responsibilities and activities of the Commission shall include the authorityto se( and.estab- fish parking policy for the public lots within the District boundaries, sub- ject to review by the City Council. This authority shall Include, but not be limited to, the setting of parking lot rates, hours of operation, signage, maintenance, and preferential park- ing policy, including the -use of and cost paid for validations by the busi. ne,sses within the district, daily permit parking, monthly permit parking, and special event parking. The Commission shall also re- view and make recommendations to the City Council for any and all con- tracts, agreements, leases and re- newal of leases for the operation of the public parking lots within the dis- trict and for the study of and acquisi- tion of additional parking places within the district. The Commission shall further review, study and make rec- ommendations to the City Council for the expenditure of revenues from the funds described in Section 2-143 herein for all activities, promotions and improvement projects which en- hance business in general and the appearance of the district as a whole. With the revenue received bythe City from these parking lots and prior ac- cumulated funds of the Vehicle Park - Ing District, the Commission shall prepare a budget for and make rec- ommendations to the City Council for the funding of certain improvements and activities to benefit and ernance the designated business dismc t. The type or types of improvemenit and activities that may be proposed to be funded by the Commission include, but is not limited to, the following: Ing; (a) acquisition of additional park - (b) construction of parking struc- tures; (c) landscaping, sidewalk and street Improvements; (d) benches, trash receptacles, fountains, street lighting; (e) promotional activities which enhance business and tourismwithin the district; (f) retention of professional con- suftants to advise the Commission and City Council on any activity within the jurisdiction of the Commission; (g) other Improvements and ao- tivities which confer special benefits upon the businesses for which the improvements and activities are pro- vided. See. 2-143. Fund Ing of Improve- ments and Activities. The above Improvements and activities will be funded from the rev- enues heretofore accumulated bythe Vehicle Parking District and those revenues generated iromthe parking areas designated aboveandanyother revenues that may become available. to the Commission. There will be no assessments Imposed upon bust-. nesses or property owners within the District to fund the activities of the Commission. SECTION 2. The City Council hereby dissolves and terminates the HermosaBeachVehicleparking Dis- trict no. 1. SECTION 3. 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 101h day of August, 1993. ALERT PRESIDENT o8 he City Council and MAYOR of the City of Hermosa Beach, California ATTEST: Elaine Doerfling, City Clerk APPROVED AS TO FOAM: Charles S. Vose, City Attorney THE VOTE WAS AS FOLLOWS: AYES: Benz, Essenier, Mayor Wiemans NOES: Midstokke ABSENT: Edgerton ABSTAIN: None ER 9/21/93 HBL-593 1 • 2 3 • 4 5 6 7 8 9 10 11 12 13 is ]4 15 ]6 17 18 19 20 21 22 23 • 24 25 26 • 27 ORDINANCE NO. 93-1097 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA AMENDING CHAPTER 2, "ADMINISTRATION", OF THE CITY CODE RELATING TO THE OPEN MARKET PROCEDURE FOR PURCHASES OF LESS THAN FIVE THOUSAND DOLLARS IN VALUE. THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY ORDAIN THE FOLLOWING TEXT AMENDMENT TO THE HERMOSA BEACH MUNICIPAL CODE: SECTION 1. That Chapter 2 Section 2-56 paragraph (a) of the Municipal Code is hereby amended to read as follows: Section 2-56. "Open market procedure for purchases of less than five thousand dollars in value." "Purchases of supplies and equipment of an estimated value in the amount of five thousand dollars ($5,000.00) or less may be made by the purchasing officer in the open market at the best prices obtainable and to the best advantage of the city without observing the procedure prescribed by section 2-57; bids or quotations shall be taken as follows: (a) Minimum number of bids. For purchases over $1,000, at least three (3) bids or quotations solicited by written requests to prospective responsible vendors, by telephone, or public notice posted on a public bulletin board in the City Hall." 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. That this ordinance shall become effective thirty days after the date of its 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. PASSED, APPROVED AND ADOPTED this 24th day of Augu,s 1993. PRESIDENT, of the City Council and MAYOR of the City of Hermosa Beach, California. ATTEST: APPROVED AS TO FORM: �,A' 1A�-. CITY ATTORNEY a STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF HERMOSA BEACH ) I, Naoma Valdes, Deputy City Clerk of the City of Hermosa Beach, California, do hereby certify that the foregoing Ordinance No. 93-1097 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 August, 1993, and was published in the Easy Reader on September 2, 1993. The vote was as follows: • AYES: Benz, Edgerton, Essertier, Midstrokke, Mayor Wiemans NOES: None ABSENT: None ABSTAIN: None DATED: September 2, 1993 • • City Clerk PROOF OF PUBLICATION (2015.5 C.C.P.) 1 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 ...WEEi<LY ..................... 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 9the County of Los Angeles, State of _California, under the date of, 9�?,1,, 19 ,72, 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: September 3 .................................................... all in the year 19.93.. 1 certify (or declare) under penalty of perjury that the foregoing is true and correct. Oated at,,,,HERMOSA BEACH ........................... I...... ornia, this..;rd...day Sept .19 .. 93 S gnature Pf" coeiosof Mis Wank form may be wurod from: VALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House P.O. Box 31 Los Angeles, CA 90053 Telophofto 625-2541 P1NsorpuosfGENERAL Proof of ftb4icafion wfl*" WC14" inq this form. q3 �a I` c, :._-1:' 1 t` GftY � H Proof of Publication of CITY OF HERMOSA BEACH HBL-594 Al 0 _ 0 o, CITY OF HERMOSA BEACH ORDINANCE NO. 93 1097 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 2, "ADMINISTRATION", OF THE CITY CODE RELATING TO THE OPEN MARKET PROCEDURE FOR PURCHASES OF LESS THAN FIVE THOUSAND DOLLARS IN VALUE THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALI- FORNIA, DOES HEREBY ORDAIN THE FOLLOWING TEXT AMEND- MENT TO THE HERMOSA BEACH MUNICIPAL CODE: SECTIONI. That Chapter 2Sec. tion 2.56 paragraph (a) of the Mu- nicipal Code Is herebyamended to read as follows: Section2-56. "Open market pro. cedure for purchases of less than five thousand dollars In value." "Purchasesof suppliesandequip: ment of an estimated value In the amount of five thousand dollars ($5,000.00) or less may be made by the purchasing officer in the open market at the best prices obtainable and to the best advantage of the city without observing the procedure pre- scribed by section 2-57; bids or quo- tations shall be taken as follows: (a) Minimum number of bids. For purchases over $1,000, at least three (3) bids or quotations solicited by written requests to prospective responsible vendors, by telephone, or public notice posted' on a public bulletin board in the City Hall." SECTION 2. This ordinance shall become effective thirty days after the date of its adoption. SECTION 3. Prior to the expira- tion -of fifteen (15) days afterthe date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly news- aaper of generai circulation published and circulated in theCity of Hermosa Beach, In the manner provided by law. PASSED, APPROVED and ADOPTED this 24th day of August, 1993. ALBERT WIEMANS PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, Califomla ATTEST: Elaine Doodling, City Clerk APPROVED AS TO FORM: Charles S. Vose,. City Attorney VOTE: AYES: Benz, Edgerton, Essertier, Midstokke, Mayor Wiemans NOES: None ABSTAIN: None ABSENT: None ER 913193 HBL-594 �;3 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 K -V ORDINANCE NO. 93- 10 9 8 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA AMENDING SECTION 7.5-17 OF THE CABLE TELEVISION SYSTEMS OF THE MUNICIPAL CODE. WHEREAS, the City has the legal authority to regulate rates for the provision of cable television on basic service offered by MultiVision Cable Television (Franchisee) consistent with the rate regulations prescribed by the Federal Communications Commission and amended by the Cable Act of 1992; and WHEREAS, the City desires to become certified by the FCC to regulate the rates charged by Franchisee to subscribers within the City for the provision of basic cable television service. THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY ORDAIN THE FOLLOWING TEXT AMENDMENT TO THE HERMOSA BEACH MUNICIPAL CODE: SECTION 1. That Chapter 7.5 Section 17 of the Municipal Code is hereby amended to read as follows: Section 17. "Subscriber rates and rate changes" "(A) Authority to regulate rates. To the extent permitted by federal and state laws, the City may regulate the rates for cable service in accordance with the procedures set forth in this Section. In regulating cable television service rates, the City shall comply with all applicable federal laws and regulations. The rate regulation proceedings shall provide a reasonable opportunity for the consideration of the views of interested parties in accordance with federal law." 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 I • 2 3 • 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 • 24 25 26 • 27 28 general circulation published and circulated in the City of Hermosa Beach, in the manner provided by law. PASSED, APPROVED and ADOPTED this 9th day of November 1993. PRESIDE o the City Council, and MAYOR 4f the City of Hermosa Beach, California ATTEST - CITY CLERK APPROVED AS TO FORM:: CITY ATTORNEY • STATE OF CALIFORNIA ) • COUNTY OF LOS ANGELES ) CITY OF HERMOSA BEACH ) I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do hereby certify that the foregoing Ordinance No. 93-1098 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 November, 1993, and was published in the Easy Reader on November 19, 1993. The vote was as follows: • AYES: Benz, Edgerton, Essertier, Midstrokke, Mayor Wiemans NOES: None ABSENT: None ABSTAIN: None DATED: November 19, 1993 • 0 city ZY'lerk/ 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 ... IEEKLY..................... in the C;ty 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 alifornia, under the date of, 9�?,1,, 19 .7�, 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 19 .................................................... all in the year 19.9 3.. 1 certify (or declare) under penalty of perjury that the foregoing is true and correct. Oated at .... �ERMOSA BEACH ................................. �iifor'nia, this. 19th.,day of.Nov:., 19.23 ...........:. .................. « ...... Signature Fr" capias of this blank form may tw socur" from: CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House P.O. Box 31 Los Angflfs. CA 90053 Tolophono 625-25A1 PlQasar"U*$tGiNERAL Proofof PuOficatiat wf1M *Cd*deq this form. Proof of Publication of CITY OF HERMOSA BEACH .......................................................... HBL-601 .......................................................... CITY OF HERMOSA BEACH ORDINANCE NO. 93-1098 AN ORDINANCE OF THE CITY OF HERMOSA BEACH; CALIFORNIA, AMENDING SECTION 7.517 OF THE CABLE TELEVISION SYSTEMS OF THE MUNICIPAL CODE WHEREAS, theCity has the legal. authority to regulate rates for the pro- vision of cable television on basic service offered by MUhlVlslon Cable Television (Franchisee) consistent with the rate regulations prescribed % 1hs FederWComrrunlcaflons Com misalon and.amended by the Cable Act of 1692. and WHEREAS, the City desires to become certified by the FCC to regu- late the rates charged by Franchisee to subscribers within the City for the provision of basic cable television service. THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CAU FORNIA, DOES HEREBY ORDAIN THE FOLLOWING TEXT AMEND. MENT TO THE HERMOSA BEACH MUNICIPAL CODE: SECTION 1. -That Chapter 7.5 Section 17 of the Municipal Code Is hereby amended to read as follows: Sectlon 17. 'Subscriber rates and rate charges* (A) Authority to regulate rates. To the extent permitted by federal and state laws, the City may regulate the rates for cable service In accordance " with the procedures set forth In this Section. In regulating cable televl• slon 6ervlae rates, the Clty shall com• ply with all applicable federal laws and regulations. The rate regulation proceedings shall provide a reason• able opportunityforthe consideration of the views of Interested parties In accordance with federal law.' SECTION 2. This ordinances lu►II become effective.and be In full fo%e and effect from and after thirty (30) days of its final passage and adop- tion. SECTION 3. Prior to the explra- tlon 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 generalcirculatonpubllshed and circulated In theChy of Hermosa Beach, In the manner provided by law. PASSED, APPROVED AND ADOPTED this gth day of November, 1993. ALBERT WiEMANS PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: Elalne Doerfling, City Clerk APPROVED AS TO FORM: Charles S. Vose, City Attorney THE VOTE WAS AS FOLLOWS: AYES: Benz, Edgerton, Essertler, Mldstokke, Mayor Wlemane NOES: None ABSENT: None ABSTAIN: None ER 11/19/93 HBL-601 �l5 �0 ' �p . • • • • 2 3 4 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. 94-1099 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING ORDINANCE TEXT, IN REGARDS TO OFF-STREET PARKING REQUIREMENTS, TO ESTABLISH NEW AND LESS RESTRICTIVE PARKING REQUIREMENTS FOR THE DOWNTOWN AREA, AND OTHER MODIFICATIONS REGARDING BUILDING EXPANSIONS AND CHANGES OF USE, AND THE ADOPTION OF A MITIGATED ENVIRONMENTAL NEGATIVE DECLARATION (PENDING APPROVAL BY THE COASTAL COMMISSION) WHEREAS, the City Council held public hearings on December 14, 1993, to consider oral and written testimony and made the following Findings: A. Current parking policies, as contained in the Coastal Commission Certified Land Use Plan, and current parking requirements of the zoning ordinance, do not adequately', recognize the unique circumstances, historic development and ownership patterns, and the parking needs of the downtown commercial area and are thus too stringent. As a result the current parking policies and requirements are unnecessarily discouraging potential business growth and new business activity; B. The downtown commercial district is unique in terms of its parking needs as compared to other commercial areas within the City for the following reasons: 1. Its location near and along a regional bike path along the beach, which means it is easily accessible to a large population by a significant alternative to a motor vehicle; 2. Its location near high density residential areas so that many people can reach downtown destinations on foot; - 1 - • 0 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 3. Its historic ownership and development patterns (small lots, small buildings, store fronts on the street, and pedestrian scale and orientation) for which standardized modern parking standards do not apply; 4. The availability of public parking on the street and in public parking lots which are rarely used to capacity; 5. The variety and mix of commercial uses in a concentrated area which encourages shared parking trips; 6. The evening. and nighttime orientation of many of the businesses (restaurants, night clubs, coffee houses, bars) which differ from beach users peak use of parking facilities; 7. Its established history as a commercial district where users are willing to walk or ride bikes, and if driving, who do not necessarily expect to park near their specific intended destination, and thus plan ahead to visit more than one destination within the district; 8. Its location along existing and proposed public transit routes; C. Since the downtown district comparatively unique parking demand is affected by a variety of complex factors, the amount of increase in parking demand, if any, and the potential loss of beach access parking is difficult to determine. However, it will be mitigated with a commitment by the city to construct parking to partially off -set measured increases in demand; D. When expansion or changes of use are proposed, businesses and - 2 - 0 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 commercial uses throughout the city should only be responsible for providing parking for the increased parking demand, and no longer required to bring the entire site up to current codes; E. The proposed ordinance amendment, with the incorporation of mitigation measures to set aside parking in -lieu fees to commit the city to increase the supply of off street parking, and the requirement for bicycle parking to encourage alternative forms of transportation will result in a less than significant impact on the environment, and more specifically with the incorporation of said mitigation measure will have a less than significant impact on parking in the downtown based on the findings noted above in section B and C; 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: Add Section 1152.5 to the zoning ordinance: "See. 1152.5 Parking Requirements for the Downtown Area The following requirements apply within in the boundary of the downtown area, as defined by the map incorporated herein. A. The amount of parking shall be calculated at 65% of the parking required for each particular use as set forth in Section 1152. B. Building sites equal to or less than 10,000 square feet: If the floor area to lot area ratio is 1:1 or less no parking is required. If the the floor area to lot area ratio exceeds 1:1 only the excess floor area over the 1:1 ratio shall be considered in determining the required parking pursuant to subsection A." C. Bicycle racks/facilities shall be provided and/or maintained in conjunction with any intensification of - 3 - • 1 21 3' 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 • 24 25 26 • 27 28 use, or new construction, in an amount and location to the satisfaction of the Planning Director." SECTION 2. Amend Sections 1162(d) and 1162(e) regarding parking requirements for expansion and changing existing uses by adding the underlined text, as follows : "(d) For every building in a "C" or "M" zone hereafter erected, or reconstructed, or expanded, the parking requirements and turning area for the entire building shall be as set forth in this ordinance. However for an expansion of an existing building legally nonconforming to parking requirements, parking requirements shall only be applied to the amount of expansion, subject to Section 1152.5 for expansions in the downtown area. In no case shall new construction reduce the parking serving an existing use below the requirements of this ordinance. (e) When the use of an existing building or structure is changed to a more intense use with a higher parking demand there shall be no additional parking requirement for sites in the downtown area except to the extent there is a! change of floor area to lot area ratio in excess of 1:1. Otherwise, the requirement for additional parking, shall be calculated as the difference between the required parking as stated in this Article for that particular use as compared to the requirement for the existing or, previous use which shall be met prior to occupying the building unless otherwise specified in this Article." SECTION 3. Amend Section 1169 (b), factors to consider for Parking Plans, to add the following underlined text, and sub -section (7) to .(8).: 117. Peak hours of the proposed use as compared with other uses sharing the same parking facilities especially in the case of small restaurants or snack shops in the downtown area or in multi -tenant buildings" SECTION 4: Insert the following paragraph after paragraph 1 of Section 1167 (a): , "If the Downtown Business Area Enhancement District Commission determines that the private party is responsible for the in -lieu fee, the private party shall pay said fee as requested by the DBAEDC" SECTION 5. Amend Article 11.5 by including the attached map identifying the downtown area. SECTION 6. This ordinance shall become effective and be in full force and effect from and after the final certification by the California Coastal Commission of - 4 - • 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 amendments to the City of Hermosa Beach Certified Land Use Plan as set forth in Resolution 94-5657. 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 25th 1994, by the following vote: AYES: NOES: ABSTAIN: ABSENT: PRESID Her -ma -9 Benzf Bowler None None None es, ReViczkey,. of the City Cou Beach, California day of January Edgerton nd MA70R of the City of ATTEST: APPROVED AS TO FORM: O�A jc_ ' ' raw4e' CITY CLERK U CITY ATTORNE - 5 - p/ccrspark ACTIVITY IDENTIFICATION Location a. Address: Downtown area . Legal: 0b' Description N/A Text amendment to the zoning ordinance to change parking requirements in the 1owntown area and amendment to Coastal Land Use Plan in regards to downtown ,narking. 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 e have undertaken and completed an Environmental Impact Review of this proposed project in accordance W ith Resolution 89-5229 of the City Council of Hermosa Beach, and find that this project does not require a comprehensive Environmental Impact Report because, rovided the attached mitigation measures are included in the project, it would not have a significant effect on the environment. Documentation supporting this ending is on file in the Planning Department. 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,,,r-@ ,ided the aaaehed m;tigat as monnurcn nrn ;nekKw in. the pr-ejec4, it would not have a significant effect on the environment. Documentation supporting this finding is on file in the Planning Department. �-3 Date of Findind Chairman, Planning Commission • FINDING OF THE CITY COUNCIL We have undertaken and completed an Environmental Impact Review of this proposed project in accordance with Resolution 89-5229 of the City Council of Hermosa Beach, and find at this project does t require a comprehensive Environmental Impact Report because,provided the att ed mite ation measur are included in the project, it would not have a significant effect on t e envir ment. Documentatio supporting this Finding is on file in the Planning Department. _ of-�'5' 9q Date of Finding Ma , erm sa Beach C ty Counci • Mitigation Measures 1. Parking in -lieu fees shall be provided via a fund transfer or by direct payment to an improvement fund earmarked specifically for creating parking in an amount sufficient to off -set any increase in required spaces. After in -lieu fees are provided for 100 spaces, those 100 spaces must be provided. • C7 U 2. Bicycle racks/facilities shall be required in conjunction with new development or intensification uses of existing buildings 3. A reporting and monitoring program will be established by the City to monitor new building construction, parking space construction, use of alternative forms of transportation, and changes of use of existing buildings, and the total effect on parking demand to determine the feasibility and need for increasing parking supply. - 1 - IVI A t' MOBIL HOME A PARK V ZONE e n u e R--3 R 3 Loma Dr. R 3 Vz- Sunset Dr. R 3 LEGEND ElCommercial (C-2) Downtown Parking Study Area .:.Beabh. Pier Beach Scale: NTS 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. 94-1099 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 January, 1994, and was published in the Easy Reader on February 4, 1994. The vote was as follows: • AYES: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton NOES: None ABSENT: None ABSTAIN: None DATED: February 4, 1994 • City aerk PROOF OF PUBLICATION (2015.5 G.G.P.) • STATE OF CALIFORNIA, OCounty 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 WEEKLY ..... and published ............................. 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 Cal ifornia,under the date of„9 21, 19��,, 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: February 4 ..........................4......................... all in the year 19. 4 ... I certify (or declare) under penalty of perjury that the foregoing is true and correct. HERMOSA BEACH Datedat ......................................... I ornia,this. 4th...d of..Feb:, 19.94. Signature •fins Cavias of ma blaeft form may be saouraa frees: CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House P.O. Box 31 Los Angelos, CA 90053 Tolophon• 625-25A1 Plaasareauosf GgN6RAL Proof of Pv011catlen W010” ordorinq this form. Proof of Publication of CITY OF HERMOSA BEACH .......................................................... HBL-604 Paste Clipping of Notice SECURELY In This Space (see attached) • • 11 C] CITY OF HERMOSA BEACH ORDINANCE NO. 94-1099 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE:20NING ORDINANCE TEXT, IN REGARDS TO OFF-STREET PARKING REQUIREMENTS, TO ESTABLISH NEW AND LESS RESTRICTIVE PARKING REQUIREMENTS FOR THE DOWNTOWN AREA, AND OTHER MODIFICATIONS REGARDING BUILDING EXPANSIONS AND CHANGES OF USE, AND ADOPTION OF A MITIGATED ENVIRONMENTAL . NEGATIVE DECLARATION (PENDING APPROVAL BY THE COASTAL COMMISSION) WHEREAS, the City Council held public hearings on December 14, 1993, and January 25, 1994, to con- sider oral and written testimony and made the following Findings: A. Current parking policies, as contained in the Coastal Commis- sion Certified Land Use Plan, and current parking requirements of the zoning ordinance, do not adequately recognize the unique circumstances, historic development and ownership patterns, and the parking needs of the downtown commercial area and are thus too stringent. As a result the current parking policies and require- ments are unnecessarily discourag- ing potential business growth and new business activity; B. Thedowntown commercial dis- trict is unique in terms of its parking needs as compared to other commer- cial areas within the City for the fol- lowing reasons: 1. Its location near and along a regional bike path along the beach. which means it is easily accessible to a large population by a significant alternative to a motor vehicle; 2. Its location near high density residential areas so that many people can reach downtown designations on toot; 3: Its historic ownership and de- velopment patterns (small lots, small buildings, store fronts on the street, and pedestrian scale and orientation) for which standardized modem park- ing standards do not apply; 4. The availability of public park- ing on the street and in public parking lotswhich are rarely used to capacity; 5. The variety and mix of commer- cial uses in aconcentrated area which encourages shared parking trips; 6. The evening and nighttime ori- entation of many of the businesses (restaurants, night clubs, coffee houses, bars) which differ from beach users peak use of parking facilities; 7 Its established history as a com- mercial district where users are will- ing f'o walk or ride bikes, and if driving, whodo not necessarily expect to park near their specific intended destina- tion, and thus plan ahead to visit more than one destination within the dis- trict; 8. Its location along existing and proposed public transit routes; C. Since the downtown district's comparatively unique parking de- mand is affected by a variety of com- plex factors, the amount of increase in parking demand, if any, and the potential loss of beach access park- A Y ' S ing is difficulttodete�mine. However, it will be mitigated witli•a commitment by the city tci construct parking to partially offset measured increases in demand; D. When expansion or changes of use are proposed, businesses and commercial uses throughout the city should only be responsible for pro- viding parking for the increased park- ing demand, and no longer be re- quired to bring the entire site up to current codes; E.The proposed ordinance amendment, with the incorporation of mitigation measures to set aside park- ing in -lieu fees'to commit the city to increase the supply of off street park- ing, and the requirement for bicycle parking to encourage alternative forms of transportation will result in a less than significant impact on the - environment, and more specifically with the incorporation of said mitiga- tion measure will have a less than significant impact on parking in the downtown basedon the findings noted above in section B and C; 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. Add Section 1152.5 to the zoning ordinance: "Sec. 1152.5. Parking Require- ments for the Downtown Area The following requirements apply within the boundary of the downtown area, as defined by the map in the office of the City Clerk. A. The amount of parking shall be calculated at 65% of the parking re- quired for each particular use as set forth in Section 1152. B. Building sites equal to or less than 10,000 square feet: If the floor area to lot area ratio is 1:1 or less, no parking is required. If the floor areato lot area ratio exceeds 1:1 only the - excess floor area over the.1:1 ratio shall be considered in determining the required parking pursuantto sub- section A: C Bicycle rackstfacilities shall be provided and/or maintained in coo - junction with any intensification of use, or newconstruction, in an amount and location to the satisfaction of the Planning Director.' SECTION 2. Amend Sections 1162(d) and 1162(e)regarding park- ing requirements for expansion and change existing uses by adding the underlined text, as follows: "(d) For every building in a "C" or "M" zone hereafter erected, or recon- structed, or expanded, the parking requirements and turning area forthe entire building shall be as set forth in this ordinance. However for an ex-., pansion of an existing building le- gally nonconforming to parking re- gurements. parking requirements shall only beapplied tothe amount ol expansion subjecttoSection 1152.5 for expansions in the downtown area. In no case shall new construction reduce the parking serving an exist- ing use below the requirements of this ordinance.. i W E E K L Y (e) When the use of an existing building or structure is changed to a ' more intense use with a higher park- ing derlmand there shall be no addi- tional oarkrng reauirement for sites in the downtown area except to the ex- tent there is a chance of Boor area ora lot area ratio in excess of 1:1.Other- wis% the requirement for additional . parking,fpm II be calculated as the differencebetween the required nark- '- jag, stated in this Article for that particular use as red to the repii�rrment for the existing or previ- ous use which shall be met prior to occupying the building unless other- wise specified in this Article," SECTION 3. Amend Section 1169(b), factors to consider for Park- ing Plans, to add the following under- lined text, and sub -section (7) to (8): "7- Peak hours of the mmed use as compared with other uses sharing the same parking facilities especially in thecase of small restag nrsn- ranis ack shops in the downtown narra or in multi -tenant buildings" SECTION 4. Insert the following paragraph after paragraph 1 of Sec- tion 1167(a): ,if the Downtown Business Area Enhancement District Commission determines that the private party is responsible for the in -lieu fee. the p_nva�party shall ply said fee as requested by the DBAEDC" SECTION 5. Amend Article 11.5 by including the map identifying the downtown area. SECTION 6. This ordinance shall become effective and be in full force and effect from and after the final certification by the California Coastal Commission of amendments to the City of Hermosa Beach Certified Land Use Plan as set forth in Resolution 94-5657. SECTION 7. 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 8. 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 25th day of January, 1994, by the following vote: VOTE: AYES: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton NOES: None ABSTAIN: None ASSENT: None SAM Y. EDGERTON PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, Califomia ATTEST: Elaine Doerfling, City Clerk APPROVED AS TO FORM: Charles S. Vose, City Attorney ER 2-4-94 HBL-604 P.O. Box 427 ■ 832 Hermosa Ave. ® Hermosa Beach, CA M 90254-0427 19 (310) 372-4611 r • • • • 0 • 0 0 • C7 1 2 3 4 5 6 7 8 9 10 11 12 13' 14 15i 16 171 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE 94-1100 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE MUNICIPAL CODE AND THE ZONING ORDINANCE TEXT TO ALLOW TEMPORARY USE OF THE, PUBLIC SIDEWALK AND OTHER OUTDOOR AREAS FOR MERCHANDISE DISPLAY AND OUTDOOR DINING FOR SIDEWALK SALES AND THE ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION WHEREAS, the City Council held a public hearing on December 14, 1993; to consider oral and written testimony and made the following Findings: A. The Chamber of Commerce has requested the City to study the possibility of allowing sidewalk sales for local business to display merchandise and serve food as part of their efforts to promote business activity and attract customers to the downtown area; B. Said sidewalk sales or festivals would only occur on a temporary basis; C. Amending both the Municipal Code to allow use of the .public sidewalk and the zoning ordinance to allow outside uses on private property is necessary to allow these temporary events; D. While the City should support such temporary events; in order to protect the interests of the City, in terms of liability coverage, maintaining emergency access and circulation of pedestrians and vehicles, and aesthetics, it is necessary to regulate the use of the public sidewalk for these temporary' events, and thus to require the issuance of a permit; E. An environmental assessment has been conducted, and the, - 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 proposed amendments have been found to qualify for anj environmental negative declaration. NOW, THEREFORE, the City Council of the City of Hermosa) Beach, California, hereby ordains that that the Municipal Code, including the zoning ordinance, be amended as follows: SECTION 1. Amend Section 29-7 of the Municipal Code to add the following exception as a second paragraph: "Exception. Temporary use of the public sidewalk may be allowed for established local businesses fori merchandise display and outside dining when authorized by the Director of Public Works by special permit as part of a temporary event, such as a sidewalk sale. A permit shall be obtained by each participating business, or a blanket permit may be obtained by a sponsoring organization specifically listing all participants. The participating businesses and the sponsoring organization shall take responsibility for compliance with the terms of said permit. Fees, conditions and guidelines based on uniform, objective criteries, for obtaining such a permit shall be set by the City Council, by resolution, with fees sufficient to cover the City's cost of issuing the permit. The Director of Public Works will establish the standard conditions of said permit to protect the public health, safety, and welfare." SECTION 2. Amend Section 8-5(2) of the zoning ordinance to add the following exception: "d. 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 29-7 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 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. - 2 - • 1 2 3 • 4 5 6 7 8 9' 10 12 13 • 14 15 16 17 18 19, 20 21 22 23 • 24 25 26 • 27 28 SECTION 5. 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 lith day of January, 1994, by the following vote: AYES: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton NOES: None ABSTAIN: None ABSENT: None y PRESIDENT o the" City Coun Hermosa Bach, California i ATTEST: CITY CLERK CITY ATTORNEY - 3 - MAYOR o e City of p/ccrsff ACTIVITY IDENTIFICATION Location a. Address: C i t v wide •b. Legal: N/A Description Special study and text amendment to allow outdoor merchandise sales and .outdoor dining on public and private areas on a temporary basis. Sponsor a. Name: City nf Hermasa RParh 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 W ith Resolution 89-5229 of the City Council of Hermosa Beach, and find that this project does not require a comprehensive Environmental Impact Report because, rovided the attached mitigation measures are included in the project, it would not have a significant effect on the environment. Documentation supporting this coding is on file in the Planning Department. , 11-18-93 Date of Finding hairma;, nviro;mental 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 ending is on file in the Planning Department. Date of Finding Chairman, Planning Commission • FINDING OF THE CITY COUNCIL We have undertaken and completed an Environmental Impact Review of this proposed project in accordance with Resolution 89-5229 of the City Council of Hermosa Beach, and find that this project does not require a comprehensive Environmental Impact Report because, pr( in the project, it would not have a significant effect on Winding is on file in the Planning Department. 01- Date of Finding ermosa Beach attached mitig4on measures are included vironment mentation supporting this 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. 94-1100 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 January, 1994, and was published in the Easy Reader on January 21, 1994. The vote was as follows: • AYES: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton NOES: None ABSENT: None ABSTAIN: None DATED: January 21, 1994 • City Cldtrk--- PROOF OF PUBLICATION" (2015.5 G.G.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 WEEKLY ..... and published ........••...•.•............. 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 &f the County of Los Angeles, State of California, under the date of..9/21, 1972,, Case Number ,SWC. 22940 that the notice, of which the annexed is a printed copy (sat 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,. 21................. all in the year 19, 9... I certify (or declare) under penalty of perjury that the foregoing is true and correct. HERMOSA BEACH Datedat ......................................... ornis 3_2 1 s t yof..Jan .� 19.94 Signat Free atoies of this blanik form may be socur" frown: CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House P.O. Box 31 Los Angolos, CA 90053 Tol*phono 625-25A1 Please reouest04N6RAL Proof of Pvbllcation Witten oroarinq mis form. Proof of Publication of CITY OF HERMOSA BEACH ......................................................... HBL-602 .......................................................... CITY OF HERMOSA BEACH ORDINANCE NO. 94-1100 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, -CALIFORNIA, TO AMEND THE MUNICIPAL CODE AND THE ZONING ORDINANCE TEXT TO ALLOW TEMPORARY USE OF THE PUBLIC SIDEWALK AND OTHER OUTDOOR AREAS FOR MERCHANDISE DISPLAY AND OUTDOOR DINING FOR SIDEWALK SALES AND THE ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION WHEREAS, the City Council held a public hearing on December 14, 1993, to consider oral and written testimony and made the following Findings: A. TheChamberof Commerce has requested the City to study the possi- bility of allowing sidewalk sales for local business to display merchan- dise and serve food as part of their efforts to promote business activity and attract customers to the down- town area; B. Said sidewalk sales or festi- vals would only occur on a temporary basis; C. Amending both the Municipal Code to allow use of the public side- walk and the zoning ordinance to allow outside uses on private prop- erty is necessary to allow these tem- porary events; D. While the City should support such temporary events; in order to protect the interests of the City, in terms of liability coverage, maintain- ing emergency access and circula- tion of pedestrians and vehicles, and aesthetics, it is necessary to regulate the use of the public sidewalk for these temporary events, and thus to require the issuance of a permit; E. An environmental assessment has been conducted, and the pro- posed amendments have been found to quality for an environmental nega- tive declaration. NOW, THEREFORE, the City Council of the City of Hermosa Beach, California, hereby ordains that the Municipal Code, including the Zoning Ordinance, be amended as follows: SECTION 1. Amend Section 29-7 of the Municipal Code to add the following exception as a second para- graph: I Exception. Temporary use of the public sidewalk may be allowed for j established local businesses for merchandise displayand outside din- ing when authorized by the Director of Public Works by special permit as part of a temporary event, such as a sidewalk sale.' A permit shall be obtained by each participating business, or a blanket permit may be obtained by a sponsor- ing organization specifically listing all participants. The participating busi- nesses and the sponsoring organiza- tion shall take responsibility for com- pliance with the terms of said permit. Fees, conditions and guidelines based on uniform, objective criteria, for obtaining such a permit shall be set by the City Council, by resolutbn, with fees sufficient to cover the City's cost of issuing the permit. The Direc- tor of Public Works will establish the standard conditions of said permit to protect the public health, safety, and welfare.' SECTION 2. Amend Section 8- 5(2) of the zoning ordinance to add the following exception: "d. Temporary outdoor merchant dise display and outside dining in conjunction with a temporary outdoor event such as a sidewalk sale, autho- rized by the City Council by special permit as set forth in Section 29-7 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 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 4. The City Clerk shall cenityto 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 me 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 11 th day of January, 1994, by the following vote: AYES'. Benz, Bowler, Oakes_ Reviczky, Mayor Edgerton NOES: None ABSTAIN: None ABSENT: None SAM Y. EDGERTON PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: — --- — Elaine Doerfling, City Clerk APPROVED AS TO FORM: Edward Lee, Assistant City Attorney ER 1-21-94 / HBL-602 1 • 2 3 4 5 9 10 11 12' 13 14 • 15 16 17' 18 19 20 21 22 23 24 25 26 ORDINANCE NO. 94-1101 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. WHEREAS, the City Council of the City of Hermosa Beach does ordain as follows: SECTION 1. That an amendment to the contract between the City Council of the City of Hermosa Beach and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy -of said amendment being attached hereto, marked Exhibit, and by such reference made a part hereof as though herein set out in full. SECTION 2. The President of the City Council and Mayor of the City of Hermosa Beach is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said agency. SECTION 3. This Ordinance shall take effect after the passage of 30 days from the date of its adoption, and prior to the expiration of 15 days from the passage thereof shall be published at least once in the Easy Reader, a newspaper of general circulation, published and circulated in the City of Hermosa Beach • 27 / 28 / • 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 and thenceforth and thereafter the same shall be in full force and effect. ADOPTED and APPROVED th day of v �1 �'� , 1991-/ . PR fif ENT of the City' u` e -ice and MAYOR `df the City of Her sra Beach, California ATTEST: City Clerk APPROVED AS TO FORM: J�� I �� City Attorney • AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE • PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of above public agency, hereinafter referred to as Public Agency, having entered into a contract effective July 1, 1952, and witnessed June 24, 1952, and as amended effective December 1, 1956, August 1, 1962, October 1, 1964, June 1, 1979, April 1, 1980, October 1, 1981, February 1, 1983, January 1, 1986, April 14, 1993 and September 10, 1993, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective September 10, 1993, and hereby replaced by the following paragraphs numbered 1 through 12 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. • "Normal retirement age" shall mean age 60 for local miscellaneous members and age 50 for local safety members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after July 1, 1952 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members). C. Employees other than local safety members (herein referred to as local • miscellaneous members). 0 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: a. SCHOOL CROSSING GUARDS HIRED ON OR AFTER DECEMBER 1, • 1956; AND b. PERSONS COMPENSATED ON AN HOURLY BASIS EMPLOYED ON OR AFTER OCTOBER 1, 1964. 5. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member shall be determined in accordance with Section 21251.13 of said Retirement Law (2% at age 60 Full). 6. The percentage of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21252.01 of said Retirement Law (2% at age 50 Full). 7. Public Agency elected to be subject to the following optional provisions: a. Sections 21380-21387 (1959 Survivor Benefits) including Section 21382.4 (Third Level of 1959 Survivor Benefits). b. Sections 21263, 21263.1 and 21263.3 (Post -Retirement Survivor Allowance) for local safety members only. C. Section 20930.3 (Military Service Credit as Public Service), Statutes of 1976. d. Section 20024.2 (One -Year Final Compensation). 8. Public Agency, in accordance with Government Code Section 20740, ceased to be an "employer" for purposes of Section 20759 effective on April 1, 1980. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20759, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20759. 9. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 10. Public Agency shall also contribute to said Retirement System as follows: a. Public Agency shall contribute $2.00 per employee, per month on account of the . liability for the 1959 Survivor Benefits provided under Section 21382.4 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members and local safety members. b. A reasonable amount, as fixed by the Board, payable in one installment within • 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. • • • C. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 11. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law, 12. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM BY CHIEF, CONTRACT SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM PERS-CON-702 (AMENDMENT) (Rev. 10/92) day of , 19 CITY COUNCIL OF THE CITY OF HERM C)`I Officer �a.nu v J/, l9yy Witness Date —T Attest: iw i U C: • • PUBLIC EMPLOYEES' RETIREMENT SYSTEM Contract Services Division Public Agency Contract Services P. 0. Boz 942709 Sacramento, CA 94229-2709 (916) 326-3420 (916) 326-3240 (TDD) CERTIFICATION OF FINAL ACTION OF GOVERNING BODY I hereby certify that the City Council of the (governing body) City of HPrmnsa RPanh adopted on (public agency) January 11, 1994, by an affirmative vote of a majority of the members of said Governing Body, (date) Ordinance No. 9 4 -1101 approving the attached contractual agreement between (Ordinance/Resolution) the Governing Body of said Agency and the Board of Administration of the Public Employees' Retirement System, a certified copy of said Ordinance No. 94-1101 in the form furnished by said (Ordinance or Resolution) Board of Administration being attached hereto. Date /a 9 PERS-CON-5 C0614 (Rev. 12/92) Clerk/Secretary City Clerk Title • 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. 94-1101 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 January, 1994, and was published in the Easy Reader on January 21, 1994. The vote was as follows: . AYES: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton NOES: None ABSENT: None ABSTAIN: None DATED: January 21, 1994 11 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 tient of the printer of the BEACH PEOPLE'S EASY READER .................................................... .................................................... a newspaper of general circulation, printed WEEKLY and published 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 or f the County of Los Angeles, State of California, under the date of„9/21,, 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: Janua. 21 .................................................... all in the year 19. 4 ... I certify (or declare) under penalty of perjury that the foregoing is true and correct. HERMOSA BEACH Dated at ......................................... 07ali rnia,tfiis..2lst, yof..Tiqn., 19 94, .......... . ............ �free cavies of 1»411 blank form may be socurad from: . CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House P.O. Box 31 Los Angelos, CA 90053 Tolophono 625-2541 011ea"r"Ve111G8NE9AL Proal of PVOlicanon wnM araerinq this form. Proof of Publication of CITY OF HERMOSA BEACH .......................................................... HBL-603 .......................................................... +• . X g ; CITY OF HERMOSA BEACH ORDINANCE NO. 94-1101 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM WHEREAS, the City Council of the City of Hermosa Beach does or- dain as follows: SECTION 1. That an amendment to the contract between the Clty Coun- dl of the City of Hermosa Beach and the Board of Administration, Califor. nia Public Employees' Retirement System is hereby authorized, a copy of which is avallable In the office of the CityClerk,marked Exhibil.andby such reference made apart hereof as though hereln set out In full. SECTION 2. The President of the City Council and Mayor of the City of Hermosa Beach is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said agency. SECTION 3. This ordinance shall take effect after the passage of 30 days from the date of its adoption, and prior to the expiration of 15 days from the passage thereof shall be published at least once In the Easy Reader, a newspaper of general dr- culation published and circulated In the City of Hermosa Beach, and thenceforth and thereafter the same shall be In full force and effect. . ADOPTED and APPROVED this 12th day of January, 1994. SAM Y. EDGERTON PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: Elalne Doerfling, City Clerk APPROVED AS TO FORM: Charles S. Vose, City Attorney The vote was as follows: AYES: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton NOES: None ABSTAIN: None ABSENT: None ER 1-21-94 / HBL-603 • 0 r 1 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. 94-1102 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING ORDINANCE TEXT PERTAINING TO WALLS AND FENCES AND THE ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION WHEREAS, the City Council held public hearings on November 9, 1993 and January 11, 1994, to consider oral and written testimony in regard to the recommendation of the Planning Commission to amend the text pertaining to fence and wall heights for possible changes and/or clarifications and made the following Findings: A. Existing requirements for wall and fence heights do not need to be changed; B. Amendments are only necessary to the general requirements of Section 1215 to clarify the types of materials for walls and fences that are acceptable, and the situation where chain) link fencing is acceptable; C. The proposed amendments will cause a less than significant impact on the environment, and therefore qualify for an environmental 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 12151 subsection (5) as follows (added' text is underlined and deleted text overstriked), and to add a second and third exception (one already) exists for oil projects): "Walls, or fences, including the visible surface of retaining walls, shall be constructed of, or treated with, an aesthetically pleasing material^oteQh ata approved by the Planning Director, including, but not) limited to, -ear-t tene—split faee masonry block designed and manufactured to be exposed (e.g.' split -face, scored, textured, or striated); surface treated masonry (e.g. stucco or paint); wrought iron 11 or simulated wrought iron; brick; wood; stuccoo�a slmllar__ Maui—I a vec. by h(Q Planning pi roni-nr or paint. Plain gray untreated block not designed or manufactured to be exposed and chain link fences are prohibited. Chain link fences with vinyl or wood • 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 slats may be approved by the Planning Director in Commercial or Manufacturina Zones onlv. Exception. Chain link fencing may be installed for temporary periods around Christmas tree lots, pumpkin lots, or similar temporary uses, and any construction project to meet the safety requirements of the Uniform Building Code for the period of construction, or, may be installed around temporarily dangerous areas as determined by City Officials from Fire, Police, Building and Safety or Planning Departments. Exception. Permanent chain link fencing may be installed around schools, tennis courts, baseball fields, parks, or other recreational facilities." 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. ISECTION 3. gPrTTnN 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. 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 25thday of January 19941, by following vote: AYES: Bowler, Oakesf Reviczkyr Mayor Edgerton NOES: Benz ABSTAIN: None ABSENT: None PRESIDENT of tai% City Council a Hermosa ach, California ATTEST: APPROVED AS TO FORM: C I. Y0�l CITY CLERK CITY ATTORNEY - 2 - M of the City of p/perwall ACTIVITY IDENTIFICATION Location a. Address: City wide bLegal: kescri tion Text amendment to the zoning ordinance regarding wall and fence heights C, 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 e have undertaken and completed an Environmental Impact Review of this proposed project in accordance W ith Resolution 89-5229 of the City Council of Hermosa Beach, and find that this project does not require a comprehensive Environmental Impact Report because, we d-the-attached-u4t1" afe �-1-A-A ifi t e} , it would not have a significant effect on the environment. Documentation supporting this ceding is on file in the Planning Department. A. �-17 J ? Date of Finding hairman, 5hiironhentif 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, pro-vi&aa4-he=a+t—aOhed-mAti-gaeasur-Ps-me-4 &ided in the ^"^j@^t, it would not have a signific�yt ern on T environment. Documentation supporting this finding is on file in the Planning Departmen . J (Q Date of nding CAairman, Planni ' '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 Bea , and find that the project does not require a comprehensive Environmental Impact Report because, Fa -the=a°t�ae}�� ' j�k e- fe eet it would not have a significant effect e environmen Finding is on file in the Planning Department. ol ��--ff z2 Date of Finding or, Hermosa BeachXy Co mentation supporting • 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. 94-1102 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 January, 1994, and was published in the Easy Reader on February 4, 1994. The vote was as follows: • AYES: Bowler, Oakes, Reviczky, Mayor Edgerton NOES: Benz ABSENT: None ABSTAIN: None DATED: February 4, 1994 • • City C erk 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 WEEKLY ..... and published ............................. 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„921,, 19�2,, 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: February 4 ,.OeO........... ................................ all in the year 19.9 4,. I certify (or declare) under penalty of perjury that the foregoing is true and correct. HERMOSA BEACH Oatedat ......................................... ornia, tfiis..4th...day of. Feb:, 19.94. Signet P ns 40* of fHla blank torn maytiaCtlrfd front: CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House P.O. Box 31 Los Angelos, CA 90053 Tolophon• 625-2541 Pleas* r*au*stGHNIII RAL Proof of Publication when *"@ring this form. Proof of Publication of CITY OF HERMOSA BEACH .......................................................... HBL-605 Paste C1ipf of Notic SECURE �8 0 . r CITY OF HERMOSA BEACH ORDINANCE NO. 94-1102 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING ORDINANCE TEXT PERTAINING TO WALLS AND FENCES AND AND THE ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION WHEREAS, the City Council held public hearings on November9,1993 and January 11, 1994, to consider oral and written testimony in regard to the recommendation of the Planning Commission to amend the text per- taining to fence and wall heights for possible changes and/or clarifications and made the following Findings: A. Existing requirements for wall and fence heights do not need to be changed; B. Amendments are only neces- sary to the general requirements of Section 1215 to clarify the types of materials (or walls and fences that are acceptable, and the situation where chain link fencing is accept- able; C. Theproposedamendmentswill cause a less than significant impact on the environment, and therefore qualifyfor an environmental negative declaration; NOW, THEREFORE, the City Council of the Cityof Hermosa Beach, California, does hereby ordain that thezoning ordinancetext beamended as follows: SECTION 1. Amend Section 1215, subsection (5) as follows (added text is underlined and deleted text overstriked), andto add asecond and third exception (one already exists for oilDroiects): n, or cremeo wnn. an asing material seeh the Plannin0 Direc- t not limited to eaAh masonry block ag- masonry (e.p. stucco or oaintl: wrought iron or simulated wrought iron; brick; wood; stucco eF,asimiler �by-th-PIO-iRg IDireetergpiijp(,Plain gray un r t� block not desioned or manufactured to be exposed and chain link fences areprohibited. Chain link fenceswith 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 expiry 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 ofHermosa Beach, in the manner provided by law. SECTION 4. The City Clark shall certifytothe 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 January, 1994, by the following vote: VOTE: AYES Bowler, Oakes, Reviczky, Mayor Edgerton NOES: Benz ABSTAIN: None ABSENT: None SAM Y. EDGERTON PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: Elaine Doerfling, City Clark APPROVED AS TO FORM: Charles S. Vose, City Attorney ER 2-4-94 / HBL605 R ?L” �05 PD. $'69 00 • • • • 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. 94-1103 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 7.5 of the Hermosa Beach Municipal Code pertaining to Cable Television Systems is hereby amended by adding Article II to read as follows • • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "ARTICLE II - CATV CONSUMER PROTECTION Sec. 7 5-24 TITLE This Article shall be known as and may be referred to as the City of Hermosa Beach CATV Consumer Protection Ordinance. Sec 7 5-25. INTENTION. It is the intention of the City Council, by this Article, 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 Article are inconsistent with any Ordinances, Resolutions or Agreements, sometimes hereinafter called the "Franchise Documents," the terms and provisions of this Article 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 Article shall apply, but, otherwise, where the terms and provisions of this Article are consistent with the Video Customer Service Act, but provide additional protection, the terms and provisions of this Article shall apply Sec 7 5-26 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 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 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 7 5-27 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 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 3 1 2 • 3 4 • 5 6 7 8 9 10 11 12 13 14 is 15 16 17 18 19 20 21 22 23 • 24 25 26 • 27 28 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 If, 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 4 • • • .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 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 fail to pay said penalty when assessed, on written notice to the Franchisee, the same may be grounds for the revocation of said franchise However, any 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 5 • 0 • • 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 on said appeal before the City Council within sixty (60) days of the receipt of said appeal Sec 7.5-28 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 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 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 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 a m 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 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 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 30 of the time This standard shall be met no less than ninety percent (900) of the 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 (900) 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 3 • �1 • 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 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 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 and 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 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 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 (900) 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 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 and System General Manager System management staff will respond in 10 • • • • r 1 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 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 11 c: • 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 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 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 12 I • 2 3 L L 4 5 6 7 8 9 10 11 12 13 14 16 17 18 19 20 21 22 23 • 24 25 26 • 27 28 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 prorated based on 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 13 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 channel(s), or rate changes that are within the company's control. 19 The cable company shall offer consumers the option to receive an A/B 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 A/B 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 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. 14 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 PASSED, APPROVED, and ADOPTED this8 h day of February 1994 Pr_ went of the Ci council and Mayor of the ty of Hermosa Beach, alifornia ATTEST Al Ci City Clerk APPROVED AS TO FORM — (�& zw , Z I City Attorney 15 • 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. 94-1103 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 February, 1994, and was published in the Easy Reader on February 18, 1994. The vote was as follows: 0 AYES: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton NOES: None ABSENT: None ABSTAIN: None DATED: February 18, 1994 • City 4tlerk >� PROOF OF PUBLICAT104 (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 WEEKLY and published .................................. 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.?Z� k,, 1922' 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: ............... Februarv..18..... all in the year 19.9 4. 1 certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at ... Hermosa Beach rni ,this, 18t ...da of.Zp,1p.„ 19,9, 4 . ........... ...:........................ Signatu • fro• covNs of this blank form may ba sotursa from: CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House P.O. Box 31 Los Angeles, CA 90053 Telephone 625-2541 Phase request GUNS RAL Proof of Puel i cation when ordering this Wm. Proof of Publication of .CITY OF HERMOSA BEACH .......................................................... HBL-606 .......................................................... (Please see attached page) o r OF HERMOSA BEACH DINANCE NO.94-1103 AN ORDINANCE OF THE CRY 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 here- ; tofore adopted rules and regulations governing -the award of franchises and the operation of Community AntennaTelevision Sysiemswithin 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 Televi- sion 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 vvith 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. THEREFORE, THE CITY 101 THE CITY OF HER - BEACH, CALIFORNIA, D EREBY ORDAIN AS FOL- LOWS: SECTION 1. Chapter 7.5 of the Hermosa Beach Municipal Code per- taining to Cable Television Systems is hereby amended by adding Article II to read as follows: "ARTICLEII- CATV CONSUMER PROTECTION Sec. 7.5 -24. -TITLE. This Article shall be known as and may be re- ferredto asthe City of Hermosa Beach CAN Consumer Protection Ordi- nance. Sec. 7.5-25. INTENTION: It is the intention of the City Council, by this Article, to enact a consumer' protec- tion ordinance applicable to CATV systeens within the City of Hermosa Beach. To the extent any of the pro- visionsof this Article are inconsistent with any Ordinances. Resolutions or Agreements, sometimes hereinafter called the "Franchise Documents,' • • the terms and provisions of the V fdeo- Franchisee is not complying with the Customer Service and Information terms and provisions of said Act shall Act (Government Code 53054, at produce the complaint or dispute in seq.) which are inconsistent with the writing before the City Clerk is re - terms and provisions of this Article quiredto act thereon. Upon receipt of shall apply, but, otherwise, wherethe said written notice, the City. Clerk terms and provisions of this Article shall, within ten (10) days, make a are consistent with the Video Cus- tentative determination of whether tomer Service Act, but provide add- the matter set forth in the notice is tonal protection, the terms and provi- within the terms and provisions of sions.of this Article shall apply. said Act. Sec. 7.5-26. CABLE TELEVI- B. If the City Clerk should deter- SIONANDVIDEO PROVIDER CUS- mine that the matter set forth in said TOMER SERVICE AND INFORMA- notice is not within the terms and TION ACT. No person shall violate provisions of said Act within said ten theterms and provisions ofthe Cable (10) days, said City Clerk shall return Television and Video Provider Cur, the written notice to the person pro- tomer Service and Information Act, viding the same with a written expta- Government Code 53054, et seq. All nation ofwhythe same is notcovered CATV Franchisees within the City under said Act. shall comply with all of the terms and C. If -the City Clerk determines provisions of said Act. In the event of that the notice appears to be under the failure of any Franchisee to dis- the terms and provisions of said Act, tribute the Annual Notice required by he or she shall give the Franchisee Section 53055.1 of the Government written notice of any alleged material Code, the City Manager shall give breaches of the consumer service written notice thereoftosaid Franchi- standards of said Act and allow the see to comply within sixty (60) days, Franchisee at least thirty (30) days and upon failure ofsaidFranchiseeto from receipt of the.notice to remedy so comply, a penalty in the sum of the specified breach. $500 for each year in which the notice D. If, in the opinion of the City is not distributed shall be imposed by Manager, or his duly authorized rep - the Director of Finance. The penal- 'resentaWe, said breach is material ties shall be due and owing immedi- and not remedied within said thirty ately upon notice of its disposition. (30) days, said City Manager or rep - Non -payment of the penalty shall be resentative shall give the Franchisee grounds for termination of said fran- a ten-day prior written notice of the chise. penalties assessed for said breach TheAnnual Noticeasused herein, as provided in Section 53088.2(o) of and as required by said Act, shall be the Government Code of the State of given at least sixty (60) days after the California. effective date of the Ordnance en- E. Pursuant to said Section acting this Section and, thereafter, on 530882(o) and (p) of the Govern- or about the first day of January of ment Code, the City Manager, or his each year. The Notice ggiven to the authorized representative, is hereby City of Hermosa Beach shall bedeliv- authorized to impose the penalties ered to the City Administrator and therein set forth on or after Septem- shall include a verbatim copy of the ber 1, 1993. The penalties shall not customer service standards estab- exceed the amounts therein set forth lished by each Franchisee within the and shall be assessed in accordance = City. with the terms and provisions of Sec - Sec. 7.5-27. VIDEO CUSTOMER tion 53088.2. In the event any Fran - SERVICE ACT. No person shall vio- chisee should fail to pay said penalty late the terms and provisions of the when assessed, on written notice to Video Customer Service Act, Gov- the Franchisee, the same may be ernment Code 53088', et seq. In the grounds for the revocation of said event any resident of the City of Her- franchise. However, any monetary mosa Beach, or business located penalty assessed under the provi- therein, including the City of Her- sions of this Section shall be reduced mosa Beach, should claim that a Fran- 'dollar for dollar to the extent any chiseeisnot complyingwfththe terms, liquidated damagesor penalty provi- and provisions of said Act, or any sion of the Franchise Documents' resident ofthe City of Hermosa Beach, .imposes amonetary obligation upon' or business located therein, should the Franchisee for customer service have a dispute with said Franchisee failures, and noother monetarydam- underthe provisions ofsaid Act, writ- ages may be imposed in such a case. ten notice thereof may be filed with F. Any resident of the City of Her - the City Clerk. mosa, Beach, or business located A. Any resident of the City of Her- therein directly -affected by any ruling moss Beach, or business located or determination of the City Clerk or therein having a dispute with a Fran- the City Manager or his representa: chiseeorhavingacomplaintthatthe five may. by written noticefileclWthin ten (10) days of receipt of written notice of the decision complained of, appeal saiddecision to the City Coun- cil. 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. 7.5-28. CATV CONSUMER PROTECTION. In addition tothepro- visions of any Franchise Documents pertaining to oonsumer protection the following consumer protection stan- dards are adopted and, where incon- sistentwilh 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 Her- mosa Beach. 2. 'Customer Service Repre- sentative" shall'mean the represen- tative of said company that is desig- nated and trained to assist cable tele- vision customers with all matters per- taining to the provision of service. 3. "Consumer or Customer" shall mean that person or business to whom company provides CATV ser- vices 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 com- munity 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. 5. "Normal Operating Condi- tions" shall mean those service con- dtionswhich are within the control of the cable operator. Those conditions which are D91 In control of the cable operator include, but are not limited to, natural disasters, civil distur- bances, power outages, telephone network outages, and severe or un- usual weather conditions. Those con- ditions which M ordinarily within the control of the cable operator include, but are not limited to, special promo- tions, pay-per-view events, rate in- creases, regular peak or seasonal demand periods, and maintenance or upgrade of cable system. 6. "Service Interrupton"or"Out- age" shall mean the loss of picture or sound on one or more cable chan- nels. 7. "Systems" shall mean the CATV Franchisee of the City of Her- mosa Beach. B. Each Franchisee in the City of Hermosa Beach shall comply with the following customer standards: 1. Require that a Customer Service. Representative Wit be avail- able to respond to customer's or PEG channel programmer's telephone in- quiries Monday through Friday from 8:00 a.m. to 6:30 p.m. and on Satur- day from 9:00 a.m. to 1:00 p:m. Holi- days are excluded. The cable company's customer service center shall be open during normal business hours. The cable company shall pro- vide telephone availability to its sub• scriberstwenty-four (24) hours a day, seven days a week. After normal busi- ness hours an answering service or an automated response system must be provided. Inquiries received after normal business hours must be re- sponded to by a trained company representative on the next business day. 2. Under normal operating con - dtions, telephone answering time by a customer service representative, including wait time and the time re- quired to transfer the call, shall not exceed 30 seconds. The number of routine rings shall be limited tofour or fewer. Under normal conditions cus- tomer callers shall receive a busy signal less than 3% of the time. This standard shall be met no less thin ninety percent (90%) of the time mea- sured on a quarterly basis and in accordance to a methodology pro- posed by cable company and ap- proved by City. City shallhave 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 con- ditions, each of the following stan- dards will be met no less than ninety percent (90%) of the time measured on a quarterly basis in accordance to methodology proposed by cable com- pany and approved by City: (a) Standard installations will be performed within seven (7) busi- ness days after an order has been placed, excepting subscriber request(s) otherwise. "Standard" in- stallations are up to 125 feet from the existing distribution system. (b) Excluding those situations reassonably beyone the control of the cable operator (which include. natural disasters, civil disturbances, power outages, telephone network outages and severe or unusual weather conditions), the cable op- erator will respond to service inter- ruptions, 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 respondto an cutagewhen its representative arrives at the out- age location, if necessary, and be- gins to resolve the problem. Other service problems will be responded to by the ctoseof busin ess 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) hoursin compliancewith California Civil Cade Section 1722. The customer may choose the ap- pointment window most convenient for them. (d) If, at any time an installer or technician is running late and will not arrive within the prescribed win- dow, an attempt to contact the cus- tomer will be made and the appoint- ment rescheduled as necessary at a time which is convenient for the cus- tomer. 4. Cable company billing state- ments shall be dear, concise and understandable: Biliswill be fully ftem- ized, with itemizations including, but not limited to, basic and premium service charges and equipment charges and bills will also dearly de- lineate all activity during the billing period, including optional charges, rebates and credits. Cable company shall consuftwith City on any changes to company's statement and will con- sider City suggestions for modi- fications. 5. No customer shall have th servicedisconnected unlessthere has been compliance with the provisions of Government Code 53088, et seq. .../Continued P.O. Box 427 0 832 Hermosa Ave. 0 Hermosa Beach, CA 0 90254-0427 0 (310) 372-4611 • • 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 follow Ing the resolution of the request and the return of the equipment supplied by the cable company if service is terminated. 7. Cable company will cooper-' ate with City's annual customer ser- vice and local programming survey. 8. Customers will be notified a minimum of thirty (30) days in ad- vance of any rate or channel realign- ment change(s) in products and ser- vices offered, billing and complaint procedures and service maintenance policies, as provided in Government Code 53088.2(h). 9. Cablecompany shall provide City with a quarterlyreport on the num- ber 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 pro- posed by cable company and ap- p proved by the City. 10. Customers and local PEG channel programmers shall be at - lorded access to company's man - •agement structure including the Sys- tem Customer Service Manager and System General Manager. System management staff will respond in good faith to PEG channel program- mers and customer verbal complaints or inquiries within one (1) working day of the initialrequest ,Syspm man- agement staff will respondfh writing. to PEG channel programmers and customer written complaints or in- quiries 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, market- ing materials, notice of any changes in rates, programming services or channel positions and annual notifi- cation 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 person- nel 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 ser- vice tier bill. If the cable company fails to provide such credit, and the re- quest was made in writing by the customer within fourty-five (45) days of the missed appointment, the City may direct the cable company to is- sue the credit. The acceptance of the above service credit shall not prohibit the consumer from seeking addition- al remedies pursuant to applicable state law. 14. If the cable company does not mail a check for a refund (includ- ing applicable interest) to any con- sumer disconnecting service with an outstanding credit within the next bill- ing cycle or thirty (30) days, which- ever is earlier, the consumer may request and is entitled to receivbe a $10.00 payment. In addition to the initial refund (an 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 atter failure 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, de- fined as those located up to 125 feet from the existing distribution system, within seven (7) calendar days of requ estby 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 con- sumer 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 pro- vide an automatic credit to all con- sumers 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-oonsecu- tive-hou r 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 con- sumers when there is an outage of any premium service for a period of twenty-five (25) consecutive hours or more which affects the entire Fran- chise area, regardless of the cause of the outage. The credit shall equal, at a minimum, the value of one -thirtieth of each customer's monthly premium service bill for the first 24 -consecu- tive -hour period andproraledfor 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 when- ever an outage or outages of four or more hours in atwenty-four (24) hour period has occurred on any of the channels received by a cunsumer as part of their cable television service. The credit shall be prorated for the outages of four hours or greater dura- tion 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 a 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 of- fer consumers the option to receive an A.B switch at the time of initial cable service installation and shall provide consumers with written infor- mation asto howto use such a switch. The cable company may charge a reasonablepriceforsaldswitch. Upon consumer request, the cable com- pany shall provide an A/B 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 reason- able 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 proceed- ings commenced as of the violation and proceedings commenced as pro- vided in the Franchise Agreement Documents for the revocation of said Franchise. SECTION 2. 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 February, 1994. SAM Y. EDGERTON PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: Elaine Doerfling, City Clerk APPROVED AS TO FORM: Charles S. Voss, City Attorney VOTE:AYES Benz, Bowler, Oakes, Reviczky, Mayor Edgerton NOES: None ABSENT: None ABSTAIN: None , ER 2-18-94 / HBL-606 P.O. Box 427 ❑ 832 Hermosa. Ave. ❑ Hermosa Beach, CA ❑ 90254-0427 ❑ (310) 372-4611 • 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 94-1104 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE OIL CODE, REGARDING THE DEFINITION OF GRADE AND TO AMEND SECTION 21A -2.9(C) TO ALLOW FENCING LESS THAN 5 FEET FROM THE PROPERTY LINE WHEREAS, the City Council held a public hearing on July 13, 1993, to consider the recommendation of the Planning Commission and to consider oral and written testimony and made the following Findings: A. Section 21A-1.20 defines grade as the lowest point of the elevation of the finished surface.... between the structure and the property line or when the property line is more than five feet from the structure, between the structure and a line five feet from the structure; B. This definition is sometimes overly restrictive because when measuring the height of a structure from grade, such as from an intentionally excavated well cellar for a storage tank, the height would have to be taken from the lowered grade; C. The requirement of Section 21A -2.9(c) that fencing be setback a minimum of five (5) feet from the property line is unnecessary and inconsistent with the zoning ordinance which has no setback requirements for commercially or industrially zoned property. D. These amendments to the grade definition, and fencing setback, since it only applies to the City maintenance yard site at 555 6th Street, will result in insignificant or negligible impacts as set forth in the Addenda to EIR for oil development at the City Yard; NOW, THEREFORE, the City Council of the City of Hermosa) Beach, California, does hereby ordain that the Oil Code text be amended as follows: 1 • 2 3 0 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 0 SECTION 1. Amend Section 21A-1.20, regarding the definition of l GRADE to read as follows:: " "Grade" (adjacent ground elevation) means the lowest point of elevation of the finished surface level of the ground, paving or sidewalk, -with-in th-e area b£ w excluding excavations for well cellars and storagE tanks, within the enclosed area of the privacy wal: described in Section 21A -2.9(c)" SECTION 2. Amend Section 21A -2.9(C), second paragraph first sentence, to eliminate the 5 -foot setback requirement foi fencing, to read as follows: "Setbacks for such fencing shall conform to the provisions of the zoning ordinance for industrial of commercial property. -bill ;; n ^—shall be lees—t-ha-; five €eet €rem -the p per—ty line;-- 11 SECTION 3. This ordinance repeals and corrects Ordinance 93-1093, which did not properly mark text to be eliminated under Section 1 and Section 2, in order to amend the text in accordance with the action and intent of the City Council at their meeting of July 13, 1993. 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 22nd day of February , 1994, by the following vote: AYES • Benz,. Bowler,, es-, Rev czky, ;Mpyor Edgerton NOES: None ABSTAIN: None ABSENT: None PRESIDEN o�r the Cit Coun i an MAYOR of the City of Herm Beach, California ATTEST: CITY CLERK p/pertoil 2/1/94 - 2 - APPROVEDAS TO FORM: /fS le 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. 94-1104 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 February, 1994, and was published in the Easy Reader on March 4, 1994. The vote was as follows: 0 AYES: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton NOES: None ABSENT: None ABSTAIN: None DATED: March 4, 1994 • 0 City ttlerio PROOF OF PUBLICATION (2015.5 C.C.P.) • STATE OF CALIFORNIA, OCounty 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 WEEKLY ..... and published ............................. 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 Wf the County of Los Angeles. State of California, under the date of„9/21 , 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: March 4 .................................................... all in the year 19.4.. I certify (or declare) under penalty of perjury that the foregoing is true and correct. HERMOSA BEACH Datedat ......................................... ` or Ja i_s,..4th..day of.March 19 94.. ...... Signa...... ............na •fns coos of this bianll term may be soeur” from: CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House P.O. Box 31 Los Angelos, CA 90053 Tolephon• 625-25A1 Piesse rpuesf G& N IERAL Proof of PV blleation when orderinq flus farm. Proof of Publication of CITY OF HERMOSA BEACH .......................................................... HBL-607 .......................................................... D 1►_�A CITY OF HERMOSA BEACH ORDINANCE NO. 94-1104 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE OIL CODE, REGARDING THE DEFINITION OF GRADE AND TO AMEND SECTION 21A -2.9(C) TO ALLOW FENCING LESS THAN 5 FEET FROM THE PROPERTY LINE WHEREAS, the City Council held a public hearing on July 13, 1993, to consider the recommendation of the Planning Commission and to con- sider oral and written testimony and made the following Findings: A. Section 21 A-1.20 defines grade as the lowest point of the elevation of the finished surface. . between the structure and the property line orwhen the property line is more than five feet from the structu re, between the struc- ture and a line five feet from, the structure; B. This definition is sometimes overly restrictive because when mea- suring the height of a structure from grade, such as from an intentionally excavated well cellar for a storage tank, the height would have to be taken from the lowered grade; C. The requirement of Section 21A -2.9(c) that fencing be set back a minimum of five (5) feet from the property line is unnecessary and in- consistent with the zoning ordinance which has no setback requirements for commercially or industrially zoned property. D. These amendments to the grade definition, and fencing setback, since it only applies to the City main- tenance yard site at 555 6th Street, will result in insignificant or negligible impacts as set forth in the Addenda to EIR for oil development at the City Yard; NOW, THEREFORE, the City Council of the City of Hermosa Beach, California, does hereby ordain that the Oil Code text be amended as follows: SECTION 1. Amend Section 21A- 1.20, regarding the definition of GRADE to read as follows: "Grade' (adjacent ground eleva- tion) means the lowest point of eleva- tion of the finished surface level of the ground, paving or sidewalk, within th een !he excluding^excavations for well cel- lars and storage tanks within the enclosed area of the privacy well described in Section 21 A -2.9(c) ." 1iSEC TION2.Amend Section 2lA- 2.9(c), second paragraph. first sen - It tence, to eliminate the 5 -foot setback requirement for fencing, to read as follows: "Setbacks for such fencing shall conform to the provisions of the zon- ing ordinance for industrial or com- mercial property, but in ne ease shal be less _han five feet fre e" 4—." SECTION 3. This ordinance re- peals and corrects Ordinance 93- 1093, which did not properly mark text to be eliminated under Section 1 and Section 2, in order to amend the text in accordance with the action and intent of the City Council at their meeting of July 13, 1993. 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 ofgeneral circulation published and circulated in the City of Hermosa Beach, in the manner provided by law. SECTION 5. The City Clerk shall certify tothe 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 22nd day of Febru- ary, 1994, by the following vote: AYES: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton NOES: None ABSTAIN: None ABSENT: None SAM Y. EDGERTON PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, Calitornia ATTEST: Elaine Doerfling, City Clerk APPROVED AS TO FORM: Charles S. Vose, City Attorney ER 3-4-94 / IIBL-607 j+ 8►-- X0'1 I • 2 3 • 4 5 6 7 8 9 10 11 12 13 14 • 15 16 17 18 19 20 21 22 23 • 24 25 26 • 27 28 ORDINANCE NO. 94-1105 AN ORDINANCE OF THE CITY OF HERMOSA BEACH ADDING SECTIONS 30-23.1 AND 30-23.2 TO CHAPTER 1 OF THE HERMOSA BEACH MUNICIPAL CODE TO PROVIDE A SYSTEM OF COLLECTION OF DELINQUENT TRANSIENT OCCUPANCY TAX AND PENALTIES FOR DELINQUENCY THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The Hermosa Beach Municipal Code is hereby amended by adding Sections 30-23.1 and 30-23.2 to read as follows: Sec. 30-23.1 Tax Lien. (a) Any delinquent transient occupancy tax, penalties for delinquency, and costs of collection shall become a lien on the service user's property upon the recording of such with the Los Angeles County Recorder's Office. (b) The City shall serve upon the person or persons against whom the lien is recorded, a copy of the document evidencing the lien in one of the following ways: (1) By personal delivery with proof of service. (i) Proof of service shall be shown by the affidavit of the person making the service, showing the time, place, and manner of service, the name and address of the person served, and any other facts necessary to show that service was made. (ii) If there is no address for a person to be served- known to the City, the City shall append to the lien an affidavit to that effect. (2) By leaving the document of the lien at the person's residence or place of business in the care of the person in charge. (i) Proof of service shall be shown by the affidavit of the person making the service, showing the time, place, and manner of service, the name and address of the person served, together with the title or capacity of the person accepting service, and any other facts necessary to show that service was made. (3) By registered or certified mail, postage prepaid, addressed to the person's residence or place of business. - 1 - 1 (i) This service is complete at the time of mailing. • 2 (ii) Proof of service shall be shown by an 3 affidavit setting forth the fact of service, the name and residence or business address of • 4 the person making this service, showing that he or she is a resident of, or employed in, the 5 county where the mailing occurs, the facts that her or she is over the age of 18 years, the 6 date and place of deposit in the mail, the name and address of the person served as shown on 7 the envelope, and the fact that the envelope was sealed and deposited in the mail, with the 8 postage thereon fully prepaid, and sent by registered or certified mail. 9 (c) The City may add the actual cost of service to the 10 lien to the extent that such costs do not exceed the costs of such notice provided by the County Recorder's Office. 11 (d) The lien shall not be removed until the delinquent 12 taxes, penalties for delinquency, and costs of collection are fully paid or the property is sold for payment of the delinquent 13 taxes, penalties for delinquency, and costs of collection. 14 (e) The tax lien shall cease to exist for all purposes • after thirty years from the time the tax became a lien. 15 (f) Property sold for delinquent taxes, penalties for 16 delinquency, and costs of collection is subject to redemption within a redemption period of five years. 17 Sec. 30-23.2 Enforcement of Tax Lien. 18 (a) Utility Tax liens may be enforced by: 19 (1) A sale of the real property affected and 20 execution and delivery of the deed to the real property to the City of Hermosa Beach; or 21 (2) An action to foreclose the liens in any court 22 of competent jurisdiction. 23 (b) Notice of the proposed sale must be conform to the following requirements: • 24 (1) Notice of any proposed sale of real property to 25 satisfy the tax lien shall be sent to the parties of interest not less than sixty (60) days before 26 the proposed sale. for the purposes of this article, "parties of interest" and their order of • 27 priority are: 28 - 2 - 1 (i) First, lienholders of record prior to the recordation of the tax lien under this section, • 2 in their order of priority; and 3 (ii) then, any person with title of record to all or any portion of the property prior to the • 4 recordation of the tax lien under this section. 5 (2) The tax administrator shall send the notice of the proposed sale by registered mail to the last 6 known mailing address, if known, of the parties of interest. The tax administrator shall make a 7 reasonable effort to obtain the name and last known mailing address of the parties of interest. 8 (3) The notice shall include the following: 9 (i) The date, time, and place of the proposed 10 sale; and 11 (ii) The amount required to redeem the property; and 12 (iii) the fact that the property may be 13 redeemed up to the close of business on the last business day prior to the date of sale; 14 and • 15 (iv) A statement substantially the same as follows: 16 "Any excess funds remaining from the sale of 17 the property after satisfaction of the tax lien shall be retained by the tax administrator for 18 one year. At the expiration of one year, any funds not claimed by a party of interest shall 19 be distributed to various public funds. Claims for excess funds by parties of interest must be 20 filed with the tax administrator, under the criteria established by California Revenue and 21 Taxation Code section 4675." 22 (4) The City shall charge a fee to the parties of interest for this notice, not to exceed the 23 estimated reasonable costs of providing such notice. • 24 (c) The sale shall be conducted by the City Tax 25 Administrator. 26 (d) Property sold for delinquent taxes, penalties for delinquency, and costs of collection is subject to redemption • 27 within a redemption period of five years. 28 (e) The validity of a sale under this article shall not be affected if the tax administrator's reasonable effort fails to - 3 - 1 • 2 3I • 4 5 • .7 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 disclose the name and last known mailing address of parties of interest or if a party of interest does not receive the mailed notice. Section 2. The City Council declare that, should any provision, section, paragraph, sentence, or word of this ordinance be rendered invalid by any final court action in a court of competent jurisdiction, or be reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this chapter shall remain in full force and effect. 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. PASSED, APPROVED AND ADOPTED this 1994. ATTEST: City Clerk APPROVED AS TO FORM: aceIA'L, I V'�5;ae CITY ATTORNEY - 4 - Mayor y of March , • 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. 94-1105 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 March, 1994, and was published in the Easy Reader on March 18, 1994. The vote was as follows: • AYES: Oakes, Reviczky, Mayor Edgerton NOES: Benz ABSENT: Bowler ABSTAIN: None DATED: March 18, 1994 U • • • • • A Y S W E E K L Y PROOF OF PUBLICATION e 1r1 CITY OF HERMOSA BEACH ORDINANCE NO. 94-1105 AN ORDINANCE OF THE CITY OF HERMOSA BEACH ADDING SECTIONS 30.23.1 AND 30.23.2 TO CHAPTER 1 OF THE HERMOSA BEACH MUNICIPAL CODE TO PROVIDE A SYSTEM OF COLLECTION OF DELINQUENT TRANSIENT OCCUPANCY TAX AND PENALTIES FOR DELINQUENCY THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS:- SECTION 1. The Hermosa Beach Municipal Code is hereby amended by adding Sections 30-23.1 and 30. 23.2 to read as follows: Sec. 30-23.1 Tax Lien. (a) Any delinquent transient oc- cupancy tax, penalties for defin- quency, and costs of collection shall become a lien on the service user's property upon the recording of such with the Los Angeles County Recorder's Office. (b) The City shall serve upon the person or persons against whom the lien is recorded, a copy of the docu- ment evidencing the lien in one of the following ways: (1) By personal delivery with proof of service. (i) Proof of service shall be shown by the affidavit of the person making the service, showing the time, Place. and manner of service, the name and address of the person served, and any other facts neces- sary to show that service was made. (ii) If there is no address for a person to be served known to the City, the City shall append to the lien an affidavit to that effect. (2) By leaving the document of the lien at the person's residence or Place of business in the care of the person in charge. (i) Proof of service shall be shown by the affidavit of the person Making the service, showing the time, Place. and manner of service, the name and address of the person served, together with the title or ca- pacity of the person accepting the service, and any other facts neces- sary to show that service was made. (3) By registered or certified mail, postage prepaid, addressed to the person's residence or place of business. (i) This service is complete at the time of mailing. (ii) Proof of service shall be shown by an affidavit setting forth the fact of service, the name and resi- dence or business address of the person making this service, showing that he or she is a resident of, or' employed in, the county where the mailing occurs, the facts that he or she is over the age of 18 years, the date and place of deposit in the mail, the name and address of the person served as shown on the envelope, and the fact that the envelope was sealed and deposited in the mail, with the postage thereon fully prepaid, and sent by registered or certified mail. (c) The City may add the actual cost of service to the lien to the extent that such costs do not exceed the costs of such notice provided by the County Recorders Office. (d) The lien shall not be removed until the delinquent taxes, penalties for delinquency, and costs of collec- tion are fully paid or the property is sold for payment of the delinquent taxes, penalties for delinquency, and costs of collection. (e) The tax lien shall cease to exist for all purposes after thirtyyears from the time the tax became a lien. (1) Property sold for delinquent taxes, penalties for delinquency, and costs of collection is subject to re- demption within a redemption period of rive years. Sec.30.23.2 EnforceinentotTax Lien. (a) Utility Tax liens may be en- forced by: (1) A sale of the real property affected and execution and delivery of the deed to the real property to the City of Hermosa Beach; or (2) An action to foreclose the liens in any court of competent juris- diction. (b) Notice of the proposed sale must conform to the following re- quirements: (1) Notice of any proposed sale of real property to satisfy the tax lien shall be sent to the parties of interest not less than sixty (60) days before the proposed sale. For the purposes of this article, "parties of interest" and their order of priority are: (i) First, lienholders_of record prior to the recordation of the tax lien under this section, in their order of priority; and (ii) then, any person with title of record to all or any portion of'(he property prior to the recordation of the tax lien under this section._ (2) The tax administrator shall send the notice of the proposed sale by registered mail to the last known mailing address, if known; of the par- ties of interest. The tax administrator shall make a reasonable effort to obtain the name and the last known mailing address of the parties of in- terest. (3) The notice shall include the following: (i) The date, time, and place of the proposed sale; and (ii) The amount required to redeem the property; and (iii) The fact that the property may be redeemed up to the close of business on the last business day prior to the date of sale; and (iv) A statement substantially the same as follows: tjf "Any excess funds remaining from the sale -of the property after satisfaction of the tax lien shall be retaineC'by the tax administrator for one year. At the expiration of one year, any funds not claimed by a pany of interest shall be distributed to various public funds. Claims for ex- cess funds by parties of interest must be filed with the tax administrator, under the criteriaestablished by Cali- fornia Revenue and Taxation Code section 4675." (4) The City shall charge a fee to the parties of interest for this no- tice, not to exceed the estimated reasonable costs of providing such notice. !,.-, (c) The sale shall be conducted by the City Tax Administrator. (d) Property sold for delinquent taxes, penalties fordelinquency, and costs'oi:collktion is subject to re- demption within a redemption period of five years. (e) The validity of a sale under this article shall not be affected if the tax administrator's reasonable effort fails to disclose the name and last known mailing address of parties of interest or if a parry of interest does not receive the mailed notice. SECTION 2. The City Council declares that, should any provision, section, paragraph, sentence, orword of this ordinance be rendered invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, para- graphs, sentences; and words of this chapter shall remain.in ful1force and. effect. r`= '� SECTION 3. This didinance s%haII become effective and be in full force -and effect from and after thirty (30) days of its final passi ge 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. PASSED, APPROVED and ADOPTED this 8th day of March, 1994. SAM Y.EDGERTON Mayor ATTEST: Elaine Doerfling,.City Clerk APPROVED AS TO FORM: Charles S. Vose, City Attorney The vote was as follows: AYES: Oakes, Reviczky, Mayor Edgerton NOES: Benz ABSENT: Bowler ABSTAIN: None ER 3-18-941 HBL-609 P.O. Box 427 0 832 Hermosa Ave. o Hermosa Beach, CA o 90254-0427 0 (310) 372-4611 • 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 94-1106 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND PORTIONS OF ARTICLE 13.5 OF THE ZONING ORDINANCE, SIGNS, TO CREATE EXCEPTIONS FOR HISTORIC SIGNS AND'FOR GRAND OPENING SIGNS WHEREAS, the City Council held a public hearing on March 22, 1994 to consider oral and written testimony and made the following Findings: A. Exceptions for historic signs from the nonconforming provisions of the sign ordinance will encourage the protection, preservation and long term maintenance of such signs, and contribute to preserving some of the historic landmarks of the city; B. Temporary exceptions for grand opening promotions from prohibitions for flags, pennants, balloons, and maximum sign area requirements are reasonable to help new businesses establish themselves and be successful in the City; C. The proposed amendments are categorically exempt from the requirements of the California Environmental Quality Act pursuant to Section 15311 of the State CEQA Guidelines, because the proposed amendments will effect the construction or placement of minor structures; on premises signs. 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. Add the following to Section 13.5-17, Nonconforming signs: "Exception. The above provisions may be waived by the Planning Commission for a sign or signs found to be of historic value. The Commission shall base its determination on a consideration of the following criteria: Age of sign - is it more than 25 years old; and Business it advertised - did the business or activity being advertised have some prominent place in the history of Hermosa Beach; and 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 Appearance: does the sign have any attractive or memorable features? Do the sign features demonstrate any significant trend or period in the arts and/or architectural history? An exception may be granted by the procedure set forth in Section 13.5-20, Sign Review, sub -section (b) and (c). If an exception is granted, additional signs may be allowed by the Planning Commission, not to exceed total allowable sign area." SECTION 2. Add the following to Section 13.5-21, Temporary Signs. "(6) Exception for grand openings. The requirements of sub -section (1) regarding the allowable area for temporary signs, shall not apply to one time grand opening promotional events. Further, signs otherwise not allowed by this ordinance. such as flags, pennants, and balloons may be permitted in conjunction with a promotional grand opening, but shall be subject to sub -section (2), duration of display, and (3) application." 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 adapted. PASSED, APPROVED, and ADOPTED this 24th day of May, 1994, by the following vote: AYES: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton NOES: None ABSTAIN: None ABSENT. None PRE ATTEST - of the City( ;h. California APPROVED AS TO FORM: of the City of T CITY CLERK CITY ATTORNEY • • STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF HERMOSA BEACH ) I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do hereby certify that the foregoing Ordinance No. 94-1106 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 May, 1994, and was published in the Easy Reader on June 2, 1994. • The vote was as follows: AYES: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton NOES: None ABSENT: None ABSTAIN: None DATED: June 8, 1994 Cle • • PROOF OF PUBLICATION (2015.5 C.C.P.) 4ATE 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 eplement thereof on the following dates, to -wit: June 2nd 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 2n° day of June , 1994. 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. HBL-619 ktkr� CITY OF HERMOSA BEACH ORDINANCE NO. 94-1106 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND PORTIONS OF ARTICLE 13.5 OF THE ZONING ORDINANCE, SIGNS, TO CREATE EXCEPTIONS FOR HISTORIC SIGNS. AND FOR GRAND OPENING SIGNS WHEREAS, she City Council held a public hearing on March 22.1994 to consider oral and written testimony and made the following Findings: A. Exceptions for historic signs from the nonconforming provisions of the sign ordinance will'ehcourage the protection, preservation and long term maintenance of such signs, and con- tribute to preserving some of the his- toric landmarks of the city; B. Temporary exceptions for grand opening promotions from pro- hibitions for flags, pennants, balloons, and maximum sign area requirements are reasonable to help new busi- nesses establish themselves and be successful in the City; C. The proposed amendments are categorically exempt from the require- ments of the California Environmen- tal Quality Act pursuant to Section 15311 of the State CEQA Guidelines. because the proposed amendments will effect the construction or place- ment of minor structures; on pre- mises signs. NOW, THEREFORE, the City Council of the City Hermosa Beach, California, does hereby ordain that the zoning ordinance text be amended as follows: SECTION 1. Add the following to Section 13.5-17. Nonconforming signs: "Exception. The above provisions may be waived by the Planning Com- mission forasign orsigns found lobe of historic value. The Commission shall base its determination on a con- sideration of the following criteria: Age of sign is it more than 25 years old; and Business it advertised — did the business or activity being advertised have some prominent place in the history of Hermosa Beach; and Appearance: does the sign have any attractive or memorable features? Do the sign features demonstrate any significant trend or period in the arts and/or architectural history? An exception may be granted by the procedure set forth in Section 13.5-20. Sign Review., subsection (b) and (c). If an exception is granted. addi- tional signs may be allowed by the Planning Commission, not to exceed total allowable sign area." SECTION 2. Add the following to Section 13.5-21, Temporary Signs. "(6) Exception for grand openings. The requirements of subsection (1) regarding the allowable area for tem- porary signs, shall not apply to one time grand opening promotional events. Further, signs otherwise not allowed by this ordinance, such as flags, pennants, and balloons maybe permitted in conjunction with a pro- motional grand opening, but shall be subject to sub -section (2), duration of display, and (3) application' 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 (it 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 24th 'day of May, 1994, by the following vote: AYES: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton NOES: None ABSTAIN: None ABSENT: None Sam Y. Edgerton PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: Elaine Doerfling CITY CLERK APPROVED AS TO FORM: Charles S. Vose CITY ATTORNEY ER 6-2-94 / HBL-619 • 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 94-1107 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE MUNICIPAL CODE TO ALLOW TEMPORARY USE AND CLOSURE OF PUBLIC STREETS FOR SPECIAL EVENTS AND STREET FESTIVALS WHEREAS, the City Council held a public meeting on April 12, 1994, and made the following Findings: A. The Chamber of Commerce has requested the City to allow street festivals to promote business activity and attract customers to the downtown area; B. Amending the Municipal Code is necessary to allow street closures to allow these temporary events; C. While the City Council supports temporary street festivals; in order to protect the interests of the City, in terms of liability coverage, maintenance of emergency access and circulation of pedestrians and vehicles, it is necessary to regulate the use of public streets for temporary events and to require the issuance of a permit; NOW, THEREFORE, the City Council of the City of Hermosa Beach, California, hereby ordains that that the Municipal Code be amended as follows: SECTION 1. Amend Section 29-7 of the Municipal Code to add the following exception as a third paragraph: "Exception. Temporary use and closure of public streets may be allowed for specials events, street festivals, farmer's markets or street fairs when authorized by the City Council by special permit as part of a temporary special or promotional event. A permit shall be obtained by each participating business or vendor, or a blanket permit may be obtained by a sponsoring organization specifically listing all participants. The participating businesses and the sponsoring organization shall take - 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 responsibility for compliance with the terms of said permit. Fees, conditions and guidelines based on uniform, objective criteria, for obtaining such a permit shall be set by the City Council, by resolution, with fees sufficient to cover the City's cost of issuing the permit. The Director of Public Works will establish the standard conditions of said permit to protect the public health, safety, and welfare." 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 26th day of April, 1994, by the following vote: AYES: Benz, Bowler,. Oakes', Reyiczky, ,Mayor Edgerton NOES: None ABSTAIN: None ABSENT: None PRESIDENT oil City Council Hermosa Be , California .10 ATT ST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY - 2 - YOR of the City of p/ccrsff • 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. 94-1107 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 April, 1994, and was published in the Easy Reader on May 5, 1994. The vote was as follows: • AYES: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton NOES: None ABSENT: None ABSTAIN: None DATED: May 6, 1994 i 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 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 newspaper of general circulation by the Superior Court • of the County of Los Angeles, State of California, under the date of,9/2?;,, 1922, Case Number SWC. 22. 40.; 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: 5 ..................... Ma..y ...th....................... all in the year 19..94. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at...... HERMOSA BEACH ............................. rnia, tfiis..5th... day of. May., 19.94. Signatur Pre cavies of this tHank form may be secur" from., CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House P.O. Box 31 Los Angeles, CA 90053 Telephone 625-2541 PteaserepuestGNNERAL Proof of Publlcsrion when ordsrinq this form. Proof of Publication of CITY OF HERMOSA BEACH .......................................................... CITY OF HERMOSA ORDINANCE O 94.1107H HBL-615 AN ORDINANCE OF THE CITY OF .................................. HERMOSA BEACH, CALIFORNIA, TO AMEND THE MUNICIPAL CODE TO ALLOW TEMPORARY USE AND CLOSURE OF PUBLIC STREETS FOR SPECIAL EVENTS SECTION 4. The City Clerk shall AND STREET FESTIVALS certitytothe passage and adoption of WHEREAS, the City Council held this ordinance, shall enter the same a public meeting on April 12,1994, in the book of original ordinances of and made the following Findings: said city, and shall make minutes of A. TheChamberofCommercehas the passage and adoption thereof in requested the City to allow street the records of the proceedings of the festivals to promote business activity City Council at which the same is and attract customers to the down- passed and adopted. town area; PASSED, APPROVED and B. Amending the Municipal Code ADOPTED this 26th day of April, is necessary to allow street closures 1994, by the following vote: to allow these temporary events; VOTE: AYES C. While the City Council sup- Benz, Bowler, Oakes, Reviczky, ports temporary street festivals, in Mayor Edgerton NOES: None order to protect the interests of the ABSTAIN: None ABSENT: None City, in terms of liability coverage, SAM Y. EDGERTON maintenance of emergency access PRESIDENT of the City Council and circulation of pedestrians and and MAYOR of the City of vehicles, it is necessary to regulate Hermosa Beach, California the useof public streets fortemporary ATTEST: events and to require the issuance of Naoma Valdes, Deputy,City Clerk a permit; APPROVED AS TO FORM: NOW, THEREFORE; the City Charles S. Vose, City Attorney Council of the City of Hermosa Beach, ER 5.5-94/HBL-615 California, hereby ordains that the Municipal Code be amended as fol- lows: SECTION 1. Amend Section 29-7 of the Municipal Code to add the following exception as a third para- graph: .Exception. Temporary use and closure of public streets may be allowed for special events, street festivals, farmer's markets or street fairs when authorized by the City Council by special permit as part of a temporary special or promotional event. A permit shall be obtained by each participating business or vendor, or a blanket permit may be obtained by a sponsoring or- ganization specifically listing all participants. The participating businesses and sponsoring orga- nization shall take responsibility for compliance with the terms of said permit. Fees, conditions and guide- lines based on uniform, objective criteria, for obtaining such a per- mit shall be set by the City Coun- cil, by resolution, with fees sutfr cient to cover the City's cost of issuing the permit. The Director of Public Works will establish the standard conditions of said per- mit to protect the public health, safety, and welfare." 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 (11 5) days after the date of its adoption; the City Clerk shall cause this ordinance to be published I �p in the Easy Reader, a weekly news- ews-paperofgeneralcirculation paper ofgeneral circulationpublished 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 KM ORDINANCE NO. 94-1108 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REGARDING MOTION PICTURE FILMING AND OTHER TRANSIENT ACTIVITIES AND AMENDING CHAPTERS 17, 22 AND APPENDIX A OF THE HERMOSA BEACH MUNICIPAL CODE. WHEREAS, motion picture production is an important industry to the economy of California and local governments; and WHEREAS, the City of Hermosa Beach expresses its desire and intention to create and maintain an environment in the City of Hermosa Beach conducive to motion picture production activities in all areas of the City; and WHEREAS, non -permanent filming activities are not unduly disruptive of neighboring land uses and will be regulated by the Filming Policy and Procedures, including mitigation measures; and WHEREAS, transient activities are defined as temporary, non- permanent and of short duration such as sales, parades, sports tournaments, filming activities and special events; and WHEREAS, these transient activities do not constitute a permanent use of land, but rather, only a temporary activity which does not disrupt neighboring land uses; WHEREAS, there has been an issue raised in regards to temporary or transient activities being in compliance with the City's Zoning Code and the City wishes to have clear and specific regulations regarding these activities; WHEREAS, the Planning Commission and the City Council have held Hearings on this proposed Ordinance and have taken into consideration the public testimony; NOW, THEREFORE, THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: • 1 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 Wz? Section 1. Chapter 17 Licenses, Section 17-6 of the Hermosa Beach Municipal Code is hereby amended as follows "Sec. 17.6. License does not permit business otherwise prohibited. The issuance of a license to any person shall not entitle the holder thereof to conduct any business unless he has complied with all the requirements of this chapter and all other applicable laws, nor to carry on any business in any building or on any premises designated in such license in the event such building or premises are situated in a zone, or locality in which conduct of such business is in violation of any law Except, however, that licenses authorizing transient activities including transient sales, parades, sports tournaments, non -permanent filming activities, and special events shall not be deemed precluded within any area of the City by virtue of the Zoning Code Transient activities are defined as temporary, non- permanent and of short duration These transient activities do not constitute a permanent use of land, but rather, only a temporary activity." Section 2. Chapter 22 Parks, Playgrounds, etc , Section 22-5 7 of the Hermosa Beach Municipal Code is hereby amended as follows "Sec. 22-5.7. Commercial Filming Permits. As determined by the California Legislature in California Government Code Section 14998 1, motion picture production is an important industry to the economy of California and local governments in this state should accordingly provide an environment conducive to the undertakings of the motion picture industry To that end, the City hereby expresses its desire and intention to create and maintain an environment in the City of Hermosa Beach conducive to motion picture production activities in all areas of the City In accordance with this purpose, film permits for non- permanent filming activities may be issued for filming on or in any private or City -owned property in any area of the City, irrespective of zoning in the area in which the permit is issued, provided that such transient activity to which the permit applies will not be unduly disruptive of neighboring land uses The Community Resources Department is hereby vested with the authority to approve or deny film permits for non -permanent filming activities in any area of the City and in making such determination to approve or deny a film permit application, to exercise its discretion to determine (i) whether a particular filming activity is permanent or non -permanent, (ii) whether a particular filming activity would unduly interfere with or disrupt neighboring land uses so as to justify denial of the permit, and (iii) mitigation measures to reduce any adverse impact on neighboring land uses Conditions imposed under any permit shall reduce, to the extent the Community Resources 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. Department determines appropriate in light of both the neighbors' and permitees' concerns, any adverse impact on neighboring land uses A "non -permanent" filming activity for purposes of this section is an activity under an approved permit which involves no more than fifteen (15) days of consecutive filming at a single location The City Council may adopt or amend from time to time the "Filming Policy and Procedures", which shall be consistent with this section and shall act as guidelines to the Community Resources Department in issuing or denying permits including appeal rights thereto, and which shall be incorporated by reference into any film permit which the Community Resources Department may issue All film permits shall be subject to imposition of fees which shall be set forth in the Filming Policy and Procedures " Section 3. Appendix A Zoning Code, Section 1901 of the Hermosa Beach Municipal Code is hereby amended as follows "Sec. 1901. No conflicting licenses or permits shall be issued. All departments, officials or public employees vested with the duty or authority to issue permits or licenses where required by law shall conform to the provisions of the Zoning Code; except, however, that permits for transient activities including transient sales, parades, sports tournaments, non -permanent filming activities, and special events shall not be deemed as precluded within any area of the City by virtue of the Zoning Code Transient activities are defined as temporary, non- permanent and of short duration These transient activities do not constitute a permanent use of land, but rather, only a temporary activity Except as expressly provided herein, no such license or permit for uses, buildings or purposes where the same would be in conflict with the provisions of the Zoning Code shall be issued. Any such license or permit, if issued in conflict with the provisions thereof, shall be null and void " Section 4. The City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered invalid by a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this chapter shall remain in full force and effect Section S. This Ordinance shall become effective and be 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 in full force and effect in the manner provided by law Section 6. 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 7. 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 was passed and adopted, and enter the same in the book of original Ordinances of said City PASSED, APPROVED AND ADOPTED this 10th j�r of ATTEST City Clerk V APPR#'hkED S TO FORM jv"' I City • f IMAYOR/and PRESIE COUNCIL of the Ci 4 , 1994. .' OF THE CITY of Hermosa Beach • • STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF HERMOSA BEACH ) I, Elaine Doerf ling, City Clerk of the City of Hermosa Beach, California, do hereby certify that the foregoing Ordinance No. 94-1108 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 May, 1994, and was published in the Easy Reader on May 19, 1994. • The vote was as follows: AYES: Benz, Bowler, Reviczky NOES: Oakes, Mayor Edgerton ABSENT: None ABSTAIN: None DATED: May 20, 1994 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 ofd entire issue of said newspaper and not in any plement thereof on the following dates, to -wit: Mav 19 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 19th day of May , 1994. r Signa EASY READER, INC. P.O. BOX 427 832 HERMOSA AVENUE, HERMOSA BEACH, CA 90254 Telephone: (310) 372-4611 Proof of Publication of- CITY £ CITY OF HERMOSA BEACH ORDINANCE NO. 94-1108 Ref. HBL-616 CITY OF HERMOSA BEACH ORDINANCE NO. 94-1108 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REGARDING MOTION PICTURE FILMING AND OTHER TRANSIENT ACTIVITIES AND AMENDING CHAPTERS 17,22 AND APPENDIX A OF THE HERMOSA BEACH MUNICIPAL CODE. WHEREAS, motion picture pro- duction is an important industry to the economy of California and local gov- emments, and WHEREAS, the City of Hermosa Beach expresses its desire and in- tention to create and maintain an environment in the City of Hermosa Beach conducive to motion picture production activities in all areas of the City; and WHEREAS, non -permanent film- ing activities are not unduly disrup- tive of neighboring land uses and will be regulated by the Filming Policy and Procedures, including mitigation measures; and I WHEREAS, transient activities are defined as temporary, non=per= manenl and of short duration such as sales, parades, sports tournaments, filming activities and special events; and WHEREAS, these transient ac- tivities do not constitute a permanent use of land, but rather, only a tempo- rary activity which does not disrupt neighboring land uses; WHEREAS, there has been an issue raised in regards to temporary orlransienlactiviliesbeing in compli- ance with the City's Zoning Code and the City wishes to have clear and specific regulations regarding these activities; WHEREAS, the Planning Com- mission and the City Council have. held Hearings on this proposed Ordi- nance and have taken into consider- ation the public testimony; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HER- MOSA BEACH, CALIFORNIA, DOES HEREBY ORDAIN AS FOL- LOWS: SECTION 1. Chapter 17 Licenses, Section 17-6 of the Hermosa Beach Municipal Code is hereby amended as follows: "Sec. 17.6, License does not permit business otherwise prohib- -ited.- _ - — The issuance of a license to any person shall not entitle the holder thereof to conduct any business un- less he has complied with all the requirements of this chapter and all other applicable laws, nor to carry on any business in any building or on any premises designated in such li- cense in the event such building or premises are situated in a zone, or locality in which conduct of such busi- ness is in violation of any law. Except, however, that licenses authorizing transient activities including transient sales, parades, sports tournaments, non -permanent filming activities, and special events shall not be deemed precluded within any area of the City by virtue of the Zoning Code. Tran- sient activities are defined as tempo- rary, non -permanent and of short duration. These transient activities do not constitute a permanent use of land, but rather, only a temporary activity.' SECTION 2. Chapter 22, Parks, Playgrounds, etc., Section 22-5.7 of the Hermosa Beach Municipal Code is hereby amended as follows: "Sec. 22-5.7. Commercial Filrn- Ing Permits. As determined by the California Legislature in Califomia Govemmenl Code Section 14998.1, motion pic- ture production is an important indus- try to the economy of California and local governments in this state should accordingly provide anenvironment conducive to the undertakings of the motion picture industry. To that end, the City hereby expresses its desire' and intention to create and maintain an environment in the City of Her- mosa Beach conducive to mction picture production activities in all ar- eas of the City. In accordance with this purpose, film permits for non -permanent film- ing activities may be issued for film- ing on or in any private or City -owned property in any area of the City, irre- spective of zoning in the area in which the permit is issued, provided that such transient activity to which the permit applies will not be unduly dis- ruptive of the neighboring land uses. The Community Resources Depart- ment is hereby vested with the au- thority to approve ordeny film permits for non -permanent filming activities in any area of the City and in making such determination to approve or deny a film permit application, to ex- ercise its discretion to determine (i) whether a particular filming activity is permanent or non -permanent, (ii) whether a particular filming activity would unduly interfere with or disrupt neighboring land uses so as to justify denial of the permit, and (iii) mitiga- tion measures to reduce any adverse impact on neighboring land uses. Conditions imposed under any per- mit shall reduce, to the extent the, Community Resources Department'; determines appropriate inlighlofboth the neighbors' and permittees' con- cems, any adverse impact on neigh- boring land uses. A "non -permanent' filming activ- ity for purposes of this section is an activity under an approved permit which involves no more than fifteen (15) days of consecutive filming at a single location. The City Council may adopt or amend from time to time the "Filming i Policy and Procedures," which shall be consistent with this section and shall act as guidelines to the Commu- nity Resources Department in issu- ing or denying permits including ap- peal rights thereto, and which shall be incorporated by reference into any film permit which the Community Resources Department may issue. All film permits shall be subject to the imposition of fees which shall be set forth in the Filming Policy and Proce- dures.' SECTION 3. Appendix A Zoning �,;Code, Section 1901 of the Hermosa Beach Municipal Code is hereby amended as follows: "Sec. 1901. No Conflicting li- censes or permits shall be issued. All departments, officials or pub- lic employees vested with the duty or ub-licemployeesvestedwiththedutyor authority to issue permits or licenses where required by law shall conform to the provisions of the Zoning Code; except, however, that permits for tran- sient activities including transient sales, parades, sports tournaments, non -permanent filming activities, and special events shall not be deemed , as precluded within any area of the. City by virtue of the Zoning Code. Transient activities are defined as temporary, non -permanent and of short duration. These transient activi- ties do not constitute a permanent use of land, but rather, only a tempo- rary activity. Except as expressly pro- vided herein, no such license or per- mit for uses, buildings or purposes where the same would be in conflict with the provisions of theZoning Code shall be issued. Any such license or permit, if issued in conflict with the provisions thereof, shall be null and void.' SECTION. 4. The City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered invalid by a court of competent jurisdiction, or by reason of any preemptive legis- lation, the remaining provisions, sec- tions, paragraphs, sentences, and words of this chapter shall remain in full force and effect. SECTIONS. This Ordinance shall become effective and be in full force and effect in the manner provided by law. SECTION 6. The City Clerk shall publish this Ordinance and the vote thereon, in the Easy Reader, a news- paper of general circulation in the City of Hermosa Beach, prior to fif- i. days after the date of its adop- tion. .. see over SECTION 7. 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 was passed and adopted, and enter the same in the book of original Ordinances of said City. PASSED, APPROVED AND ADOPTED this 10th day of May, 1994. SAM Y. EDGERTON MAYOR and PRESIDENT OF THE CITY COUNCIL of the City of Hermosa Beach ATTEST: Elaine Doerfling, City Clerk APPROVED AS TO FORM: - Edward W. Lee, Asst. City Attorney THE VOTE WAS AS FOLLOWS: AYES: Benz, Bowler, Reviczky NOES: Oakes, Mayor Edgerton ABSENT: None ABSTAIN: None ER 5 19-94 / HBL-616 • • �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 • 29 ORDINANCE 94-1109 AN ORDINANCE OF THE CITY OF HERMOSA BEACH CALIFORNIA, TO AMEND SECTION 1413, DECISIONS OF THE COUNCIL ON APPEALS AND RECONSIDERATIONS, TO ELIMINATE THE PROVISION REQUIRING COUNCIL MODIFICATIONS TO BE REFERRED BACK TO THE PLANNING COMMISSION FOR REPORT AND RECOMMENDATION WHEREAS, the City Council held a public hearing on May 10, 1994 to consider oral and written testimony and made the following Findings: A. The requirement that City Council modifications to the Planning Commission decisions on conditional use permits and similar discretionary permits be referred back to the Commission causes unnecessary and lengthy delays in the decision making process; B. To increase the efficiency of the City's appeal and reconsideration process, the referral requirement should be eliminated; C. The referral requirement is not required by State Planning and Zoning Law. D. This amendment is exempt from the California Environmental Quality Act as it has no possible impact on the environment as it is procedural. 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 1413 to as follows (underlined text to be added overstriken text to be deleted): "The action by the city council on such matters shall be by three (3) affirmative votes of the council, and shall be final and conclusive except: (1) The city council may approve, modify or disapprove the recommendation of the planning commission, provided that any modification of a proposed conditional use permit, precise development plan, variance, height limit exception nonconforming remodelparking plan,permitted use request or other similar discretionary land use matter, by the council shall-€r-st mmay be referred back to the planning commission for report and recommendation, and the planning commission shall not be required to hold a public hearing thereon. Failure of the planning commission to report to the city council within forty (40) days after the reference, 01 • 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 or such longer period as may be designated by the city council, shall be deemed to be approval of the proposed modification. (2) Upon return of the matter to the city council, the city council may by three (3) affirmative votes of the council, approve, modify or disapprove the final recommendation of the planning commission on such matters." SECTION 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 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 May, 1994, by the following vote: AYES: Benz, Bowled. Oakes, Reviczky, Mayor Edgerton NOES: None ABSTAIN: None ABSENTS None PRESIDENT of ATTEST• and MAYOR of ihe,City of Hermosa Beach, APPROVED AS TO FORM: CITY CLERK CITY ATTORNEY 2 0 • STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF HERMOSA BEACH ) I, Elaine Doerf ling, City Clerk of the City of Hermosa Beach, California, do hereby certify that the foregoing Ordinance No. 94-1109 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 May, 1994, and was published in the Easy Reader on June 2, 1994. • The vote was as follows: AYES: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton NOES: None ABSENT: None ABSTAIN: None DATED: June 20, 1994 City Cle • 0 PROOF OF PUBLICATION (2015.5 C.C.P.) GATE 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 Oplementthereof on the following dates, to -wit: June 2nd 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 2nd day of June , 1994. } ignat 1 1 1 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-617 e lYl o r CITY OF HERMOSA BEACH ORDINANCE 94.1109 AN ORDINANCE OF THE CITY OF HERMOSA BEACH CALIFORNIA, TO AMEND SECTION 1413, DECISIONS OF THE COUNCIL ON APPEALS AND RECONSIDERATIONS, TO ELIMINATE THE PROVISION REQUIRING COUNCIL MODIFICATIONS TO BE REFERRED BACK TO THE PLANNING COMMISSION FOR REPORT AND RECOMMENDATION WHEREAS, the City Council held a public hearing on May 10, 1994 to consider oral and written testimony_ and made the following Findings: A. The requirement that City Council modifications to the Plan- ning Commission decisions on con- ditional use permits and similar dis- cretionary permits be referred back to the Commission causes unneces- sary and lengthy delays in the deci- sion making process; B. To increase the efficiency of the City's appeal and reconsidera- tion process, the referral requirement should be eliminated; C. The referral requirement is not required by State Planning and Zon- ing Law. D. This amendment is exempt from the California Environmental Quality Act as it has no possible impact on the environment as it is procedural. NOW, THEREFORE, the City Council ottheCity of Hermosa Beach, DOES HEREBY ORDAIN that the zoning ordinance text be amended as follows: SECTION 1. Amend Section 1413 to as follows (underlined text to be added overstrike text to be deleted): -The action by the city council on such matters shall be by three (3) affirmative votes of the council, and shallbe final and conclusive except: ( 1 ) The city council may approve, modify or disapprove the recommen- dation of the planning commission, provided that any modification of a proposed conditional use permit, pre- cise development plan, variance, height limit exception, nohconform- ing remodel, parking plan, permitted use request or other similar discre- tionary land use matter, by the coun- cil shall first may be referred back to the planning commission for report and recommendation, and the plan- ning commission shall not be required to hold a public hearing thereon. Failure of the planning commission to report to the city council within forty (40) days after the reference, or such longer period as may be designated by the city council, shall be deemed to be approval of the proposed modi- fication. 1 (2) Upon return of the matter to the city council, the city council may by three (3) affirmative votes of the council, approve, modify or disap- prove the final recommendation of the planning commission on such matters.' SECTION 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- paper 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 May, 1994, by the following vote: AYES: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton NOES: None ABSTAIN: None ABSENT: None. Sam Y. Edgerton PRESIDENT of the City Council and MAYOR of the City.of Hermosa Beach, ATTEST: Elaine Doerfling City Clerk APPROVED AS TO FORM: Charles S. Vose City Attorney ER6-2-94/HBL-617 • • • 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 29 ORDINANCE NO. 94-1110 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 22-3 OF THE PARKS REGULATIONS GENERALLY OF THE MUNICIPAL CODE. WHEREAS, discussions regarding amending the Parks Regulations Generally section were held by the Parks, Recreation and Community Resources Commission on March 17, 1994; and WHEREAS, the City Council desires to assure the safety of children within the City's open space. THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH CALIFORNIA, DOES HEREBY ORDAIN THE FOLLOWING TEXT AMENDMENT TO THE HERMOSA BEACH MUNICIPAL CODE: SECTION 1. That Chapter 22 Section 22-3 of the Municipal Code is hereby amended to add as follows: Section 22-3. "Park regulations generally." "(x) Lead or let loose any dog on or off leash on active school grounds." SECTION 2. This ordinance shall become effective and be in full force and effect from and after thirty (30) days of its final passage and adoption. 1 .7 • 0 �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 29 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. PASSED, APPROVED AND ADOPTED this 24th day of May, 1994. ATTEST - CITY CLERK PRESIDENT,,dithe City Council and NIFOR of the City of Hermosa Beach, California. APPROVED AS TO FORM: a -, L j //' 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. 94-1110 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 May, 1994, and was published in the Easy Reader on June 2, 1994. • The vote was as follows: AYES: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton NOES: None ABSENT: None ABSTAIN: None DATED: June 20, 1994 City4,Clerk • 0 PROOF OF PUBLICATION (2015.5 C.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 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 Op lement thereof on the following dates, to -wit: June 2nd 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 2nd day of June , 1994. 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 HBL-618 xgo r CITY OF HERMOSA BEACH ORDINANCE NO. 94-1110 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA AMENDING SECTION 22-3 OF THE PARKS REGULATIONS GENERALLY OF THE MUNICIPAL CODE WHEREAS, discussions regard- ing amending the Parks Regulations Generally section were held by the Parks, Recreation and Community Resources Commission on March 17,1994;and WHEREAS, the City Council de- sires to assure the safety of children within the City's open space. NOW, THEREFORE, the City Council of the City of Hermosa Beach, California, does hereby ordain the following text amendment to the Her- mosa Beach Municipal Code: SECTION 1 That Chapter 22 Sec- tion 22-3 of the Municipal Code is hereby amended to add as follows: Section 22-3. "Park regulations gen- erally." "(x) Lead or let loose any dog on or off leash on active school grounds' 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- paper of general circulation published and circulated in the City of Hermosa Beach, in the manner provided by law. PASSED, APPROVED AND ADOPTED this 24th day of May, 1994. Sam Y. Edgerton PRESIDENT, of the City Council and MAYOR of the City of Hermosa Beach, California. ATTEST: Elaine Doerfling City Clerk APPROVED AS TO FORM: Charles S.Vose CITY ATTORNEY The vote was as foilows: AYES Benz, Bowler, Oakes. Reviczky, Mayor Edgerton NOES: None ABSENT: None ABSTAIN: None ER 6-2-941 HBL-618 • 1 2 • 3 4 s 6 s 9 10 11 12 13 14 • is 16 17 1s 19 20 21 22 23 24 • 2s 26 27 • 2s 29 ORDINANCE NO. 94-1111 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING ORDINANCE NO. 93-1091, SMOKING POLLUTION CONTROL, AND CHAPTER 14 1/2 OF THE HERMOSA BEACH CITY CODE WHEREAS, the City Council desires to remove the City -owned building at 702 11th Place (Alan Club) from the list of City -owned buildings wherein smoking is prohibited, and WHEREAS, the City Council desires to maintain the ability to except other City -owned buildings and/or facilities from a smoking prohibition by Council action: NOW THEREFORE, THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 14 1/2 - 5. Prohibition of Smoking in Public Places shall be amended to read as follows: "Smoking shall be prohibited in all City -owned buildings and property described below: 1. 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 the atrium area of City Hall and any other area exempted by minute action of the City Council regardless of whether said building/facility is specifically listed above. 2. All City -owned vehicles SECTION 2. CEQA. The passage of this Ordinance is not a project nor will it have a significant impact on the environment. SECTION 3. SEVERABILITY 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 a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council of the City of Hermosa Beach hereby declares that it would have Page 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 passed this Ordinance, and each section, subsection, clause, sentence or phrase thereof, irrespective of the fact that any one or more other sections, subsections, clauses, sentences or phrases may be declared invalid or unconstitutional. SECTION 4. EFFECTIVE DATE. This Ordinance shall become effective and be in force and effect from and after thirty (30) days of its final passage and adoption SECTION 5. PUBLICATION. The City Clerk shall certify to the passage hereof and prior to the expiration of fifteen (15) days after the date of its adoption, shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of general circulation and circulated in the City of Hermosa Beach, California. PASSED, APPROVED and ADOPTED this 28th d_4 of June, 1994. ATTEST City Clerk City Attorney TO FDXNT OF THE C OF THE CITY OF Page 2 IL, AND MAYOR BEACH • • STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF HERMOSA BEACH ) I, Elaine Doerf ling, City Clerk of the City of Hermosa Beach, California, do hereby certify that the foregoing Ordinance No. 94-1111 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 June, 1994, and was published in the Easy Reader on July 7, 1994. is The vote was as follows: AYES: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton NOES: None ABSENT: None ABSTAIN: None DATED: July 9, 1994 C • • • 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 Opplement thereof on the following dates, to -wit: July 7 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 7th day of July , 1994. -) cz:lze�_� Signature 0 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-621 s CITY OF HERMOSA BEACH ORDINANCE NO. 94-1111 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING ORDINANCE NO. 93- 1091, SMOKING POLLUTION CONTROL, AND CHAPTER 14 1/2 OF THE HERMOSA BEACH CITY CODE WHEREAS, the City Council de- sires to remove the City -owned build- ing at 702 11th Place (Alano Club). from the list of City -owned buildings wherein smoking is prohibited, and WHEREAS, the City Council de-, sires to maintain the ability to except other City -owned buildings and/or facilities from a smoking prohibition by Council action: NOW THEREFORE, THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 14 1/2 - 5. Prohibition of Smoking in Public Plac- es shall be amended to read as fol- lows: "Smoking shall be prohibited in all City -owned buildings and property described below: 1. All city -owned buildings includ- ing 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 there- from the atrium area of City Hall and any other area exempted by minute action of the City Council regardless of whether said building/facility is specifically listed above. 2. All City -owned vehicles: SECTION 2. CEQA. Thepassage of the Ordinance is not a project nor will it have a significant impact on the environment. SECTION 3. SEVERABILITY 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 a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordi- nance. The City Council of the City of Hermosa Beach hereby declares that ilwould have passed this Ordinance, and each section, subsection, clause, sentence or phrase thereof, irrespec- tive of the fact that any one or more other sections, subsections, claus- es, sentences or phrases may be ,declared invalid or unconstitutional. SECTION 4. EFFECTIVE DATE. This Ordinance shall become effec- tive and be in force and effect from and after thirty (30) days of its final passage and adoption SECTION5. PUBLICATION.The City Clerk shall certify to the passage hereof and prior to the expiration of fifteen (15) days after the date of its adoption, shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of general circu- lation and circulated in the City of Hermosa Beach, California. PASSED, APPROVED and ADOPTED this 28th day of June, 1994. Sam Y. Edgerton PRESIDENT of the CITY COUNCIL, and MAYOR OF THE CITY OF HERMOSA BEACH ATTEST: Elaine Doerfling City Clerk APPROVED AS TO FORM: Edward W. Lee Assistant City Attorney The vote was as follows: AYES: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton NOES: None ABSENT: None ABSTAIN: None ER7-7-94/HBL-621 • 1 11 ORDINANCE NO. 94-1112 • • • • 2 3 4 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 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CONFIRMING THE REPORT OF THE DIRECTOR OF PUBLIC WORKS DATED APRIL 5, 1994, PREPARED PURSUANT TO RESOLUTION NO. 94-5661 AND APPROVED PURSUANT TO RESOLUTION NO. 94-5672 OF SAID COUNCIL, THE MAP AND ASSESSMENT CONTAINED IN SAID REPORT; ORDERING CERTAIN CROSSING GUARD MAINTENANCE SERVICES TO BE FURNISHED AND MAINTAINED FOR THE FISCAL YEAR BEGINNING JULY I, 1994. CITY OF HERMOSA BEACH CROSSING GUARD MAINTENANCE DISTRICT 1994-1995 WHEREAS, the City Council of the City of Hermosa Beach, California, did in Resolution No. 94-5661 of said Council, pursuant to the provisions of the "Crossing Guard Maintenance District Act of 1974" (Chapter 3.5, Articles 1, 2, 3 and 4, Sections 55530 Through 55570, of the Government code of the State of California), require the Director of Public Works of said City to make and file with the Clerk of the City Council a report in writing, presenting certain matters relating to the proposed Crossing Guard Maintenance District 1994-1995, as contemplated under the provisions of said Act; and WHEREAS, the Director of Public Works, pursuant to the requirements of said City Council as expressed in Resolution No. 94-5661 did on the 5th day of April, 1994, file in the office of the City Clerk (who is ex -officio Clerk of the City Council) of said City, her report in writing responsive to the requirements of said Resolution No. 94-5661 and as contemplated under the provisions of said Act; and WHEREAS the said City Council did in Resolution No. 94-5672 approve said report on the 12th day of April, 1994, in conformity with the provisions of said Act; and WHEREAS, said City Council did thereafter and on said 12th day of April, 1994, pass its Resolution of Intention No. 94-5673 declaring its intention to order certain Crossing Guard Maintenance Services for the fiscal year beginning July 1, 1994, and -1- L 2 • 3 4 5 6 7 C. • 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 WHEREAS, said City Council did on said 12th day of April, 1994, in its Resolution No. 94-5673 fix and designate Tuesday, the 14th day of June, 1994, at the hour of 7:30 PM of said day as the time for hearing protests in reference to the proposed maintenance and assessment in the Council Chamber, at the City Hall, Civic Center, in the City of Hermosa Beach, California, and WHEREAS, at the time and place above stated for hearing protests in reference to the proposed maintenance and assessment, there were no written nor oral protests and objections filed or presented; and WHEREAS, said City Council being fully advised does hereby proceed as follows: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That said City Council does hereby approve, confirm and adopt the said report of said Director of Public Works dated the 5th day of April, 1994, and does hereby approve and confirm the assessment proposed for said proposed maintenance services as set forth and referred to in said report, which said report is now on file in the office of the City Clerk of said City, open to inspection, hereby referred to and made a part thereof, and said City Council does hereby also confirm and adopt the respective instruments therein contained and designated therein as MAP OF CROSSING GUARD MAINTENANCE DISTRICT 1994-1995, and Estimate Assessment, all of which, on file as aforesaid, are hereby incorporated herein and made a part hereof, SECTION 2. That said City Council does hereby order the said contemplated maintenance services to be furnished in accordance with the said map and assessment therefore, be adopted and approved, and does hereby order and determine that the fiscal year referred to in said Resolution of Intention No. 94-5673 is hereby fixed and established as the period commencing on the 1 st day of July, 1994, and ending on the 30th day of June, 1995, both dates inclusive, as therein set forth; and said City Council does hereby levy the said proposed assessment made to cover the costs and expenses of said maintenance services upon the land within the assessment district described in said Resolution of Intention No. 94-5673 and as fixed -2- • 1 2 • • ii LJ • 3 4 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 and determined by said report, dated April 5, 1994, and the proposed assessment, filed therewith, as aforesaid, in the office of the City Clerk of said City, for the fiscal year beginning July 1, 1994, and ending June 30, 1995, both dates inclusive. SECTION 3. That the City Council hereby orders and directs the City Treasurer to establish a special fund entitled, "Crossing Guard Maintenance District 1994-1995 Fund"; and who shall place into said Fund all payments of assessments received from the County Tax Collector and payment shall be made out from said special Fund only for the purposes provided for in said chapter 3.5, Articles 1, 2, 3 and 4, Sections 55530 through 55570, of the Government Code of the State of California. SECTION 4. That the City Clerk of said City is hereby ordered to transmit, or cause to be transmitted, to the County Auditor of Los Angeles County, State of California, as contemplated under the provisions of the "Crossing Guard Maintenance District Act of 1974", the Map and Assessment upon which such levy is based, and the County Tax Collector of said County (who is also the City Tax Collector for said City) is ordered and directed to make collection of all assessments shown required by law of and to be performed by the office, employee, or person so designated. SECTION 5. That prior to the expiration of fifteen days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the EASY READER, a weekly newspaper of general circulation published and circulated in the City of Hermosa Beach. SECTION 6. That this ordinance shall take effect thirty (30) days after adoption. PASSED, APPROVED AND ADOPTED ,*s 12th day of July, 1994. PRES'1DENT'ofthe City ( Hermosa ATT ST: Ci tv Clerk -3- of the City of VED AS TO FOW Attomev 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. 94-1112 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 July, 1994, and was published in the Easy Reader on July 21, 1994. The vote was as follows: AYES: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton NOES: None ABSENT: None • ABSTAIN: None DATED: July 21, 1994 • 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 loupplement thereof on the following dates, to -wit: July 21 all in the year 1994. I certify (or declare) under penalty of perjury that the foregoing is true and convect. Dated at HERMOSA BEACH, CALIFORNIA, this 21st day of July ,1994. Ca=_ � 0�1 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. HBL-623 1994, in conformity with the provi- said proposed assessment made to' e ♦ " sions of said Act; and WHEREAS, said City Council did coverthecosts and expensesofsaid maintenance services upon the land r o' thereafter and on said 12th day of within the assessment district de- ,Z April, 1994, pass its Resolution of scribed in said R6solution of Inten- •�' IntentiomNo. 94-5673 declaring its tion No. 94-5673 and as fixed and intention to order certain Crossing- determined by said report, dated April, Guard Maintenance Services for the 5, 1994, and the proposed.assess- ORDINANCE NO. 94-1112 fiscal year beginning, July 1, 1994; ment, filed therewith, as aforesaid, in AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, and WHEREAS, said City Council did the office of the City Clerk of said City, for the fiscal year beginning July 1, CONFIRMING THE REPORT OF THE DIRECTOR OF PUBLIC on said 12th day of April, 1994, in its 1994, and ending June 30, 1995, WORKS DATED APRIL 5, 1994, Resolution No. 94-5673 fix and des- ignateTuesday, the 14th dayofJune, both dates inclusive. SECTION 3. That the City Council PREPARED PURSUANT TO RESOLUTION NO, 94-5661 AND 1994, at the hour of 7:30 PM of said day as the time for hearing protests in hereby orders and directs the City Treasurer to establish a special fund APPROVED PURSUANT TO, RESOLUTIONNO. 94-5672OF' reference to the proposed mainte- entitled, "Crossing Guard Mainte- SAID COUNCIL, THE MAP AND nance and assessment, in the Coun- cil Chamber, at the City Hall, Civic nanceDistrict1994-1995Fund",and who shall place into said Fund all ASSESSMENT CONTAINED IN SAID REPORT; ORDERING Center, in the City of Hermosa Beach, California; and payments of assessments received CERTAIN CROSSING GUARD WHEREAS, at thetime and place from the County Tax Collector and payment shall be made out from said MAINTENANCE SERVICES TO above stated for hearing -protests in special Fund only for the purposes BE FURNISHED AND reference to the proposed mainte- provided for in said chapter 3.5, Arti- MAINTAINED FOR THE FISCAL YEAR BEGINNING JULY I 1994- nance and assessment, there were cles 1, 2, 3 and 4, Sections 55530 nowrittennororal protests and objec- through 55570, de the Government CfTY OF-HERMOSA tions filed or presented; and Code of the Sta`e of California. BEACH- WHEREAS, said City Council v CROSSINGGUARD being fully advised does hereby pro- SECTION 4. That the City Clerk of MAINTENANCE DISTRICT` ceed as follows: said City is hereby ordered to trans - 1994.1995 WHEREAS, the City Council of NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HER- mit, or cause to be transmitted, to the County Auditor of Los Angeles Coun- the City of Hermosa Beach, Califor- MOSA BEACH, CALIFORNIA, ty, State of California, ascontemplat- nia, did in Resolution No. 94-5661 of DOES HEREBY ORDAIN AS,FOL- ed under the provisions ofthe"Cross- said Council, pursuant to the provi- LOWS ing Guard Maintenance District Act of sions of the "Crossing Guard Mainte- SECTION I_ That said City Coun- 1974", the Map and Assessment upon nance District Act of 1974" (Chapter cil does hereby confiirmand adopt the which such levy is based, and the 3.5, Articles 1, 2, 3 and 4, Sections said report of said Director of Public County Tax Collector of said County 55530 Through 55570, of the Gov- Works dated the 5th day of April, (who is also the City Tax Collector for ernment Code of the State of Califor- 1994, and does hereby approve and said City) is ordered and directed to nia), require the, Director of Public Works of said City to make and file Ci confiimtheassessmentproposedfor make collection of all assessments shown required by law of and to be with the Clerk the City Council a said proposed matntenanceservices as set forth and referred to in said performed bytheotfice,employee, or report in writing, presenting certain reportwhichsaidreportisnowoniile person so desi nated. 9 matters relating to the proposed Guard Maintenance Ded . in the office of the City Clerk of said SECTION 5. That phor to the ex- trictCrossing trio 1994-1 contemplated City, open to inspection, hereby re- ferredtoand made a part thereof; and Piration of fifteen days after the date of its adoption the City Clerk shall under theprovisions it said Act; and provisions s WHEREAS, tnt said City Council does hereby also cause this ordinance to be published tothe herequir meatPubls confirm and adopt the respective in- intheEASYREADER,aweeklynews- of said City Council as expressed in ofsaid ityC unci) as strumentsthereincontainedanddes- a erof eneralcirculation ublished i P" p 9 p Resolution No. 94-5661 did on the ignated therein as MAP OF CROSS- and circulated in the City of Hermosa 5th day of April, 1994, file in the office ING GUARD MAINTENANCE DIS- Beach. -of the City Clerk (who is ex -officio TRICT 1994-1995, and Estimate As- SECTION 6. That this ordinance Clerk of the City Council) of said City, sessment, all of which, on file as shall take effect thirty (30) days after her report in writing responsive to the aforesaid, are hereby incorporated adoption. requirements of said Resolution No. herein and made a part hereof. PASSED, APPROVED AND 94-5661 and as contemplated under SECTION 2, That said CityCoun-ADOPTED this 12th day ofJuly,1994. the provisions of said Act; and cil does hereby order the said con- Sam Y. Edgerton WHEREAS, said City Council did templated maintenance services to PRESIDENT of the City Council in Resolution No. 94-5672 approve be furnished in accordance with the and MAYOR of the City of report on the s12th day of April, said map and assessment therefore, Hermosa Beach, California -aid - so adopted and approved, and does ATTEST: hereby order and determine that the Naoma Valdes, Deputy fiscal year referred to in said Resolu- City Clerk tion of Intention No. 94-5673 is here- APPROVED AS TO FORM: by fixed and established as the peri- Charles S. Vase od commencing on the 1st day of City Attorney July, 1994, and ending on the 30th The vote was as follows: day of June, 1995, both dates inclu- AYES: Benz, Bowler, Oakes, sive, as therein set forth; and said- Reviczky, Mayor Edgerton City Council does hereby levy the NOES: None ABSENT: None ABSTAIN: None ER 7-21-94 / HBL-623 2 3 4 s 6 7 8 9 10 11 12 13 • 14 is 16 17 18 19 20 21 22 23 • 24 2s 26 27 • 28 ORDINANCE NO. 94-1113 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ESTABLISHING STORM WATER AND URBAN RUNOFF POLLUTION PREVENTION CONTROLS IN ACCORDANCE WITH NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT REQUIREMENTS WHEREAS, the Congress of the United States (hereinafter "Congress") has determined that pollutants contained in storm water and urban runoff are responsible for the environmental degradation of oceans, lakes, rivers, and other waters of the United States. WHEREAS, Congress, in 1987, amended the Clean Water Act of 1972 to reduce pollutants discharged into the waters of the United States by extending National Pollutant Discharge Elimination System (hereinafter "NPDES") requirements to regulate storm water and urban runoff discharge into municipal storm drain systems. WHEREAS, the City of Hermosa Beach (hereinafter "City"), along with other municipalities of Los Angeles County, has elected to become a co -permittee to the NPDES municipal permit held by the County of Los Angeles. WHEREAS, the City, as an NPDES municipal co -permittee, is required to develop and implement within its jurisdiction "best management practices" (hereinafter referred to as "BMPs") that shall, to the maximum extent practicable, reduce pollutant concentrations discharged into Santa Monica Bay by way of storm water and urban runoff. WHEREAS, the City is also committed to the prevention of further degradation of Santa Monica Bay, wherein pollutants conveyed by storm water and urban runoff threaten to endanger marine life and pose health risks to those who make recreational contact in, and consume food from its waters. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: 1- 2 • 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 • 24 25 26 27 28 Article I Title, Purpose, and General Provisions This chapter shall be entitled the "City of Hermosa Beach Storm Water and Urban Runoff Pollution Control Ordinance" and shall be known as such throughout the code. Section 1: Purpose and Intent The purpose of this chapter is to protect the health and safety of those who recreate in and consume food from Santa Monica Bay, a water of the United States, and to protect marine habitats and ecosystems existing therein by: (a) Reducing non -storm water discharge to the municipal storm water system to the maximum extent practicable. (b) Eliminating the spillage, dumping, and disposal of significant materials into municipal storm water system. (c) Reducing pollutant loads in storm water and urban runoff, to the maximum extent practicable, by requiring the implementation of BMPs and evaluating the efficacy of such practices against water quality objectives established by the California Regional Water Quality Control Board, Los Angeles Region. The intent of this chapter is to enhance and protect the water quality of Santa Monica Bay and receiving waters of the United States in a manner that is consistent with the Clean Water Act. Section 2: Definitions The following are definitions of terms used in this chapter: (a) "Storm water" runoff means any surface or water flow produced by rain. (b) "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, (c) "Non -storm water discharge" means any fluid that is not composed entirely of storm water, (d) "Significant" material means any substance including but not limited to: garbage -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 and debris; lawn clippings, leaves, and other vegetation; biological and fecal waste; mortar; sediment and sludge; manure and other fertilizers, pesticides, oil, grease; gasoline; paints, solvents, cleaners, and any fluid or solid containing toxic or nontoxic chemicals, or heavy metals; used batteries; or anything that contains such significant materials or to which such significant materials may attach. (e) "Municipal storm water system" means those facilities within the City by which storm water discharge is conveyed to waters of the United States, including but not limited to flood control channels, roads with drainage systems, streets, catch basins, inlets, curbs, ditches, gutters, storm drains, canals, pipes, and fabricated and natural channels. (f) "Illicit discharge" shall mean any discharge to the storm drain system that is not composed entirely of storm water runoff except discharges made pursuant to a National Pollutant Discharge Elimination System (NPDES) permit or as otherwise authorized by the Los Angeles Regional Water Quality Control Board. (g) "Illicit connection" means any device through or by which non -storm water is discharged into the municipal storm water system, including but not limited to floor drains, pipes of any fabricated or natural conduits which have not been authorized by the City or County Department of Public Works. (h) "NPDES" means "National Pollutant Discharge Elimination System." (i) 'Best Management Practice" or (BMPs) shall mean schedules of activities, prohibitions of practices, general good housekeeping practices, maintenance procedures, educational programs, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to waters of the United States. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, and drainage from raw materials storage, The California Storm Water Best Management Practice Handbooks for Municipal, Industrial/Commercial and Construction Activity provide a detailed discussion of BMPs. -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 (j) "Person", shall mean any natural person, firm, association, club, organization, corporation, partnership, business trust, company or other entity which is recognized by law as the subject of rights or duties. (k) "Owner", applied to a building or land, means any part owners, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or land. (1) "Pollutant" shall mean anything which causes the deterioration of water quality such that it impairs subsequent and/or competing uses the water. Pollutants may include but are not limited to paints, oil and other automotive fluids, soil, rubbish, trash, garbage, debris, refuse, waste, fecal coliform, fecal streptococcus, enterococcus, heavy metals, hazardous waste, chemicals, fresh concrete, yard waste from commercial landscaping operations, animal waste, materials that result from the process of constructing a building or structure, nauseous or offensive matter of any kind. (m) "Premises" shall mean any building, lot, parcel of land, land or portion of land whether improved or unimproved. Section 3: Responsibility for Administration This Ordinance shall be administered by the City Director of Public Works. Section 4: Regulatory Consistency This Ordinance 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 any existing or future municipal NPDES Permits and any amendments, revisions or reissuance thereof. Section 5: Severability If any provision, clause, sentence, or paragraph of this Ordinance or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this Ordinance which can be given effect without the invalid provision or application, an to this end, the provisions of this Ordinance are hereby -4- • 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 • 28 declared to be severable. Article II Discharge Prohibitions and Requirements Section 1: Elicit Discharges and Connections (a) No person shall cause any illicit discharge to enter the municipal storm water system unless such discharge (i) consists of non -storm water that is authorized by an NPDES point source permit obtained from the California Regional Water Quality Control Board, Los Angeles Region provided that the discharger is in full compliance with all requirements of the permit or waiver and other applicable laws or regulation. (ii) is associated with fire fighting activities or exempted by the Regional Water Quality Control Board, Los Angeles Region; or (iii) is deemed by the City's Director of Public Works or designee to be necessary to public health, safety, or welfare. Discharges not subject to this provision when properly managed as determined by the Director of Public Works include: water line flushing and other discharges from potable water sources, diverted stream flows, rising ground waters, infiltration to separate storm drains, uncontaminated pumped ground water, air conditioning condensations, springs, residential swimming pool discharges, and dechlorinated swimming pool discharges from public and private swimming pools. (b) "Illicit Connections" It is a violation of this ordinance to establish, use, maintain, or continue illicit drainage connections to the City and County storm drain system, or to commence or continue any illicit discharges to the City and County drain system. This prohibition against illicit connections is expressly retroactive and applies to connections made in the past, regardless of whether permissible under the law or practices applicable or prevailing at the time of the connection. Section 2: Illegal Disposal (a) No person shall place any significant material into the Pacific Ocean or any -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 component of the municipal storm water system or into any street, road, alley catch basin, culvert, curb, gutter, inlet, ditch, natural watercourse, flood control channel, canal, storm drain, pipe, or any fabricated or natural conveyance that j may transport the significant material into the waters of the Pacific Ocean. Section 3: Reduction of Pollutants in Storm Water (a) No vehicle, machinery, or device shall be allowed to leak, spill or discharge in any manner oil, grease, coolant, or other significant material onto any street, alley, road, parking lot, or surface in the City whereon pollutants contained in or on significant materials can or may be conveyed into the municipal storm water or Pacific Ocean by storm water or non -storm water runoff. (b) Objects such as vehicle motor parts containing grease, oil or other hazardous substances, and unsealed receptacles containing significant materials, shall not be stored in areas susceptible to storm water runoff. (c) Any machine which is to be repaired or maintained in an uncovered outdoor area shall be placed on a pad of absorbent material to contain leaks, spills, or small discharges. (d) Machinery and equipment, including motor vehicles, which are leaking significant amounts of oil or fluid must be repaired. (e) The uncovered outdoor storage of unsealed containers containing significant materials is prohibited in areas susceptible to runoff. Section 4: Control of Pollutants from Construction Activities (a) All persons and businesses engaged in construction activity within the City shall operate in compliance with all state and federal laws regulating or pertaining to stormwater management and runoff including operating with all required permits. b) No person shall commence or continue any construction activity in the City that causes the disturbance of five acres or more of soil by clearing, grading, and excavating without demonstrating to the City's Building Division that such person has obtained an NPDES General Construction Activity Storm 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 Permit (hereinafter "construction permit") from SWRCB. NPDES construction activity does not include (i) routine maintenance to maintain original line and grade, or (ii) emergency construction activities required to protect the public health and safety. (c) Any person engaged in a construction activity in the City requiring an NPDES construction permit shall retain at the construction site the following documents (i) a copy of the Notice of Intent to comply with Terms of the General Permit to Discharge Water Associated with Construction Activity; (ii) a waste discharge identification number issued by the SWRCB; and (iii) a Storm Water Pollution Prevention Plan and Monitoring Program Plan for the construction activity requiring the construction permit. (d) Any person engaged in a construction activity in the city requiring an NPDES construction permit shall provide any of the documents described in paragraph (b) of this section to the City. (e) Prior to the issuance of any building permit for construction for new development or for remodeling or rehabilitation of existing structures, the City Public Works Department shall evaluate the proposed project to determine its potential to generate the flow of significant materials into the municipal storm water system and the Pacific Ocean both during and after construction. Based upon this evaluation, the City may require conditions placed upon the issuance of the building permit to minimize the risk of significant materials flowing into the municipal storm water system and the Pacific Ocean. The imposition of conditions under this section shall be based on the standards set forth in most recent addition of the California Storm Water Best Management Practice Handbooks (Municipal and Construction Handbooks, specifically the appropriate sections of each handbook for Best Management Practice selection, source controls, and treatment controls), the City's Municipal Storm Water Program Implementation Manual, and such additional standards as determined by the City. -7- 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) The following requirements shall apply to all projects undergoing construction in the City. The requirements set forth below shall apply at the time of demolition of an existing structure or commencement of construction and until receipt of a certificate of occupancy: (1) Runoff containing sediment, construction waste and other pollutants from construction sites and parking areas shall be reduced to the maximum extent practicable. (2) Where determined necessary by the Director of the Department of Public Works or his or her designated representative, a temporary sediment barrier shall be installed. (3) Between October 1 and April 1 plastic or other covering shall be utilized to prevent erosion of an otherwise unprotected area, along with additional runoff control devices if necessary to intercept and safely convey the runoff. (4) Excavated soil shall be located on the site in a manner that minimizes the amount of sediments running into the street or adjoining properties. Soil piles shall be covered until the soil is either used or removed. (5) No washing of construction or other industrial vehicles shall be allowed adjacent to a construction site. No water from washing vehicles on a construction site is allowed to run off into the City's storm drain system. (6) Drainage controls shall be utilized as needed, depending on the extent of proposed grading and topography of the site, including but not limited to the following: (i) Detention ponds, sediment ponds, or infiltration pits. Dikes, filter berms or ditches. (iii) Downdrains, chutes or flumes. (g) The City may, as a condition of granting a construction permit, set forth reasonable hmits.on the clearing of vegetation from construction sites, including, 2 is 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 but not limited to, regulating the length of time during which soil may be bare, and, in certain sensitive cases, prohibiting bare soil. Section 5: Control of Pollutants from Industrial Sources (a) All persons and businesses within the City shall operate in compliance with all state and federal laws regulating or pertaining to stormwater management and runoff including operating with all required permits. (b) Industries that require an NPDES General Industrial Activities Storm Water Permit shall retain on-site the following documents which evidence compliance with permit requirements: (i) a copy of a Notice of Intent to comply with the terms of the General Permit to Discharge Storm Water Associated with Industrial Activity issued by SWRCB; (ii) a waste discharge identification number issued by the SWRCB; and (iii) a Storm Water Pollution Prevention Plan and Monitoring Program plan; and (iv) any storm water quality data. (c) Any industry in the City requiring an NPDES General Industrial Activities Storm Water Permit shall, upon request from a duly authorized officer of the City, provide any of the documents described in paragraph (a) of this section. (d) The City may require conditions placed upon the issuance of any permit to any commercial or industrial facility to minimize the risk of significant materials flowing into the municipal stormwater system and the Pacific Ocean. The imposition of conditions under this section shall be based upon the standards set forth in the most recent addition of the California Storm Water Best Management Practice Handbooks (Municipal and Industrial/Commercial Handbooks, specifically the appropriate sections of each handbook for Best Management Practice selection, source controls, and treatment controls), the City's Municipal Storm Water Program Implementation Manual and such additional standards as determined by the City. Section 6: Littering (a) No person shall throw, deposit, place, leave, maintain, keep or permit to be -9- 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 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 public or private plot of land in the City, so that the same might be or become a pollutant, except in containers, recycling bags, or other lawfully established waste disposal facilities. Section 7: Blowing Debris (a) No person shall use or operate any mechanical device to blow leaves, dirt, or other debris in or upon any street, alley, sidewalk, parkway, or other public right- of-way. Section S: Disposal of Landscape Debris (a) No person shall intentionally dispose of leaves, dirt or other landscape debris into a storm drain. Article III Inspection and Enforcement Section 1: Inspection (a) Authority to Inspect. The Director of Public Works, building officials, and representatives thereof, are hereby authorized and directed to enforce all provisions of this chapter, (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 -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 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 storm water and/or non -storm water runoff. During all inspections as provided herein, the authorized enforcement officer may take any samples deemed necessary. (d) Requirement to 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 storm water pollution of contamination, illicit discharges, and/or discharge of non -storm water to the storm water 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 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 28 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 (3) 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. Section 2: Enforcement (a) The Director of Public Works, or his/her designee, is authorized to enforce this Chapter as follows: (i) For the first failure to comply with any provision contained in this Chapter, the Department of Public Works shall issue to the affected person a written notice which includes the following information: (1) a statement specifying the violation committed; (2) a specified time period within which the affected person must correct the failure or file a written notice disputing the notice of failure to comply; (3) a statement of the penalty for continued non-compliance. (ii) Each subsequent failure to comply with any provision of this Chapter following written notice pursuant to Section i, shall constitute an infraction and shall be punishable by a penalty of one hundred dollars per day of violation for the first cited violation and five hundred dollars per day for subsequent violations. (iii) It shall not be a defense to the assessment of any penalty or to any other 12- r� 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 civil enforcement action, provided for under this Section for a person to assert that any violation of this Chapter was caused by the actions of a person other than the person assessed except if the violation was caused by the criminal or negligent action of a person who was not an agent, servant, employee or family member of the person. (iv) Any penalty collected hereunder shall be used as reimbursement for the Department of Public Works; costs and expenses of administration, inspection and enforcement of this Chapter, (vi) A violation of any provision of this Chapter is declared to be a public nuisance. The City may abate such violation(s) by means of a civil action with all costs for such abatement to be borne by the party responsible for the nuisance. (vii) The penalties and remedies established by this chapter shall be cumulative. (b) Other Penalties. Any person who violates any provision of this Chapter, any provision of any permit issued pursuant to this Chapter, or who discharges waste or wastewater which causes pollution, or who violates any cease and desist order, prohibition, or effluent limitation, may also be in violation of the federal Clean Water Act and/or Porter -Cologne Act and may be subject to the sanctions of those Acts including civil and criminal penalties. (c) Citizen Reporting. Members of the public shall be encouraged to report possible violations of this Chapter to the City Public Works Department. Article IV Adoption Provisions Section 1. 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. 13- 2 • 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 • 24 25 26 • 27 28 Section 2. 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 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 October, 1994. President of the Ci ATTEST - it and Mayor of the City of Hermosa Beach, California �� /C't Clerk . o,", rr. APPROVED AS TO FORM: dVtt'L'j y4e, City Attorney 14- LJ 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. 94-1113 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 October, 1994, and was published in the Easy Reader on November 3, 1994. • The vote was as follows: AYES: Bowler, Edgerton, Oakes Reviczky, Mayor Benz NOES: None ABSENT- None ABSTAIN: None DATED: November 3, 1994 CityCle 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: November 3 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 3rd day of November 1994. 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 CITY OF HERMOSA BEACH SUMMARY OF ORDINANCE NO. 94-1113 Prepared by: MARY L. MC MAS- TER of Oliver, Barr & Vose, Deputy City Attorney, October 18, 1994 AN ORDINANCE OF THE CITY OF HERMOSA BEACH ESTABLISHING STORM WATER AND URBAN RUNOFF POLLUTION PREVENTION WHEREAS, Congress has ex- tended National Pollutant Discharge Elimination System ("NPDES") re- quirements to,regulate stone water and urban runoff discharge into mu- nicipal storm drain systems; WHEREAS, the City of Hermosa Beach has elected to become a co - permittee to the NPDES municipal permit held by the County of Los Angeles; WHEREAS, the City is required to develop and implement within its ju- risdiction "best management prac- tices" that shall reduce pollutant con- centrations discharged into Santa Monica Bay by way of storm water and urban runoff; WHEREAS, the City is also com- mitted to the prevention of further degradation of Santa Monica Bay; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF HER- MOSA BEACH DOES ORDAIN AS FOLLOWS: ARTICLE I TITLE, PURPOSE AND GENERAL PROVISIONS SECTION 1. Defines the purpose as being to protect the health and safety of those who recreate and consume food from the Santa Monica Bay and to protect marine habitats and ecosystems therein by: reducing non -storm water discharge to the municipal storm water system; elimi- nating the spillage, dumping and dis- posal of significant materials into the system; and reducing pollutant loads by requiring implementation of best management practices and evaluat- ing them against water quality objec- tives. The intent is to enhance and.pro- tect the water quality of the Santa Monica Bay in a manner that is con- sistent with the Clean Water Act. SECTION 2. Gives definitions for thirteen (13) terms including: "Storm water", "Urban runofr, "Municipal stormwater system", "Illicitdischarge" and "Pollutant". SECTION 3. Gives the responsi- bility foradministering this Ordinance to the City Director of Public Works. SECTION 4. Requires that the Ordinance be construed to be consis- tent with the federal Clean Water Act. SECTION 5. Provides that if any portion of this Ordinance is invalid, it shall not affect the remaining valid portions. ARTICLE II DISCHARGE. PROHIBITIONS AND REQUIREMENTS HBL-635 SECTION A. Provides that no person shall cause any illicit dis- charge to enter the municipal storm water system unless such discharge is permitled by a NPDES point source permit; is associated with fire fighting activities or exempted by the Re- gional Water Quality Control Board; or is deemed by the City's Director of Public Works to be necessary to pub- lic health, safety, or welfare. Defines discharges not subject to this provi- sion including: diverted stream flows. rising ground waters, uncontaminated pumped ground water, air condition- ing condensations, springs, residen- tial swimming pool discharges, etc. This section prohibits illicit connec- tion to the City's storm drain system and applies to connections made in the past, regardless of whether per- missible at the time. SECTION 2. Provides that no person shall place significant mate- rial into the Pacific Ocean, storm watersystem, street, road, alleycatch basin, curb, ditch, etc. that may carry it into the waters of the Pacific Ocean.' SECTION 3. Provides that pollut- ants in Storm Water shall be reduced by implementing the following require- ments: that no vehicle, machinery or device be allowed to leak, spill or discharge any oil, grease, coolant, or other significant material onto any street, parking lot, etc. such that it may be conveyed into the municipal storm water or Pacific Ocean; that objects such as motor parts contain- ing grease, oil or other hazardous substances, etc., shall not be stored in areas susceptible to stone water runoff; any machine in an outdoor area shall be placed on a pad of absorbent material to contain leaks, spills, or small discharges; machin- ery and equipment which are leaking significant amounts of oil or fluid must be repaired; and that the uncovered outdoor storage of unsealed contain- ers containing significant materials be prohibited in areas susceptible to runoff. SECTION 4. Provides that pollut- ants from construction activity be con- trolled by requiring all construction activity to comply with all state and federal laws including requiring per- mits; requires all activities that cause the disturbance of five (5) acres of more of soil to obtain permits; re- quires the Public Works Department to evaluate proposed projects prior to the issuance of any building permit and place conditions thereon; and sets requirements for all construction projects. SECTIONS. Provides that pollut- ants shall be controlled from indus- trial sources by requiring all persons and businesses within the City to operate in compliance with all state and federal laws including requiring permits. Allows the City to require conditions on permits. SECTION 8 Provides that pollut- ants from littering shall be controlled by prohibiting any person from throw- ing, depositing, placing, etc. any refuse, rubbish, garbage or any other discardedorabandoned objects upon any street, alley, business place, or any public or private plot of land inthe City, so that it might be or become a pollutant, except in containers, recy- cling bags, or other established waste disposal facilities. SECTION 7. Prohibits any per- son from to using or operating any mechanical devise to blow leaves, dirt, or other debris in or upon any street, alley, sidewalk, parkway, or other public right-of-way. SECTION 8. Prohibits any per- son from disposing of leaves, dirt or other landscape debris into a storm' drain. ARTICLE III INSPECTION AND ENFORCEMENT SECTION 1. Sets forth the guide- lines for inspection including the au- thority to inspect, right of entry, au- thoritytoconduct samplings, require- ment to sample or monitor and facility inspections. SECTION2. Sets forth authoriza- tion for enforcement to the Director of Public Works or designee including notice of first violation, subsequent violations, defenses, penalties col- lected, other penalties and citizen reporting. ARTICLE IV ADOPTION PROVISIONS SECTION 1. The City Clerk shall certify tothe passage and adoption of this ordinance and make a record of its adoption. SECTION 2. The City Attorney shall prepare a summary of this Ordi- nance which shall be published as provided by law. PASSED, APPROVED AND ADOPTED this 25th day of October, 1994. by the following vote: AYES: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES: None ABSENT: None ABSTAIN: None Robert Benz President of the City Council and Mayor of the City of Hermosa Beach, California ATTEST: Elaine Doedling, City Clerk APPROVED AS TO FORM: Charles S Vose, City Attorney ER11-3-941HBL-635 • SUMMARY OF ORDINANCE NO. 94-1113 Prepared by: MARY L. MC MASTER of Oliver, Barr & Vose, Deputy City Attorney, October 18, 1994 AN ORDINANCE OF THE CITY OF HERMOSA BEACH ESTABLISHING STORM WATER AND URBAN RUNOFF POLLUTION PREVENTION WHEREAS, Congress has extended National Pollutant Discharge Elimination System ("NPDES") requirements to regulate storm water and urban runoff discharge into municipal storm drain systems; WHEREAS, the City of Hermosa Beach has elected to become a co -permittee to the NPDES municipal permit held by the County of Los Angeles; WHEREAS, the City is required to develop and implement within its jurisdiction "best management practices" that shall reduce pollutant concentrations discharged into Santa Monica Bay by way of storm water and urban runoff, WHEREAS, the City is also committed to the prevention of further degradation of Santa Monica Bay; • NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES ORDAIN AS FOLLOWS: ARTICLE I TITLE, PURPOSE AND GENERAL PROVISIONS SECTION 1. Defines the purpose as being to protect the health and safety of those who recreate and consume food from the Santa Monica Bay and to protect marine habitats and ecosystems therein by: reducing non -storm water discharge to the municipal storm water system; eliminating the spillage, dumping and disposal of significant materials into the system; and reducing pollutant loads by requiring implementation of best management practices and evaluating them against water quality objectives. The intent is to enhance and protect the water quality of the Santa Monica Bay in a manner that is consistent with the Clean Water Act. SECTION 2. Gives definitions for thirteen (13) terms including: "Storm water", "Urban runoff', "Municipal storm water system", "Illicit discharge" and "Pollutant" SECTION 3. Gives the responsibility for administering this Ordinance to the City Director of Public Works. SECTION 4. Requires that the Ordinance be construed to be consistent with the federal • Clean Water Act. SECTION 5. Provides that if any portion of this Ordinance is invalid, it shall not affect the remaining valid portions. • ARTICLE H DISCHARGE PROHIBITIONS AND REQUIREMENTS SECTION 1. Provides that no person shall cause any illicit discharge to enter the municipal storm water system unless such discharge is permitted by a NPDES point source permit; is associated with fire fighting activities or exempted by the Regional Water Quality Control Board; or is deemed by the City's Director of Public Works to be necessary to public health, safety, or welfare. Defines discharges not subject to this provision including: diverted stream flows, rising ground waters, uncontaminated pumped ground water, air conditioning condensations, springs, residential swimming pool discharges, etc. This section prohibits illicit connection to the City's storm drain system and applies to connections made in the past, regardless of whether permissible at the time. SECTION 2. Provides that no person shall place significant material into the Pacific Ocean, storm water system, street, road, alley catch basin, curb, ditch, etc. that may carry it into the waters of the Pacific Ocean. SECTION 3. Provides that pollutants in Storm Water shall be reduced by implementing the following requirements: that no vehicle, machinery or device be allowed to leak, spill or discharge any oil, grease, coolant, or other significant material onto any street, parking lot, etc. such that it may be conveyed into the municipal storm water or Pacific Ocean; that objects such as motor parts containing grease, oil or other hazardous substances, etc., shall not be stored in areas susceptible to storm water runoff, any machine in an outdoor area shall be placed on a pad of • absorbent material to contain leaks, spills, or small discharges; machinery and equipment which are leaking significant amounts of oil or fluid must be repaired; and that the uncovered outdoor storage of unsealed containers containing significant materials be prohibited in areas susceptible to runoff. SECTION 4. Provides that pollutants from construction activity be controlled by requiring all construction activity to comply with all state and federal laws including requiring permits; requires all activities that cause the disturbance of five (5) acres of more of soil to obtain permits; requires the Public Works Department to evaluate proposed projects prior to the issuance of any building permit and place conditions thereon; and sets requirements for all construction projects. SECTION 5. Provides that pollutants shall be controlled from industrial sources by requiring all persons and businesses within the City to operate in compliance with all state and federal laws including requiring permits. Allows the City to require conditions on permits. SECTION 6. Provides that pollutants from littering shall be controlled by prohibiting any person from throwing, depositing, placing, etc. any refuse, rubbish, garbage or any other discarded or abandoned objects upon any street, alley, business place, or any public or private plot of land in the City, so that it might be or become a pollutant, except in containers, recycling bags, or other established waste disposal facilities. SECTION 7. Prohibits any person from to using or operating any mechanical devise to • blow leaves, dirt, or other debris in or upon any street, alley, sidewalk, parkway, or other public right-of-way. • SECTION 8. Prohibits any person from disposing of leaves, dirt or other landscape debris into a storm drain. ARTICLE III INSPECTION AND ENFORCEMENT SECTION 1. Sets forth the guidelines for inspection including the authority to inspect, right of entry, authority to conduct samplings, requirement to sample or monitor and facility inspections. SECTION 2. Sets forth authorization for enforcement to the Director of Public Works or designee including notice of first violation, subsequent violations, defenses, penalties collected, other penalties and citizen reporting. ARTICLE IV ADOPTION PROVISIONS SECTION 1. The City Clerk shall certify to the passage and adoption of this ordinance and make a record of its adoption. SECTION 2. The City Attorney shall prepare a summary of this Ordinance which shall be published as provided by law. PASSED, APPROVED AND ADOPTED this 25th day of October, 1994. by the • following vote: AYES: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES: None AB SENT - None ABSTAIN: 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 City Attorney �m 2 • 3 a 5 6 7 s 9 10 11 12 13 14 • 1s 16 17 18 19 20 21 22 23 24 • 25 26 27 2s • 29 ORDINANCE NO. 94-1114 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO ADD TO THE MUNICIPAL CODE ORDINANCE TEXT, SECTION 7-7.1.5, PERTAINING TO SEISMIC STRENGTHENING FOR UNREINFORCED MASONRY BEARING WALL BUILDINGS WHEREAS, the City Council held a public meeting on July 26, 1994, to consider amendment to Section 7-7 1.5. and to receive oral and written testimony and made the following Findings: A. Amending the Municipal Code is necessary to promote public safety and welfare by reducing the risk of death or injury that may result from the effects of existing unreinforced masonry bearing wall buildings; B. Section 7-7 1.5 shall apply to all existing buildings having at least one unreinforced masonry bearing wall; C. This ordinance is categorically exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15301 of the CEQA guidelines, as it mandates the rehabilitation and minor alteration of existing facilities. NOW, THEREFORE, the City Council of the City of Hermosa Beach, California, does hereby ordain that the Municipal Code be amended as follows: SECTION 1. Amend Section 7-7 to add the following: SEISMIC STRENGTHENING PROVISIONS FOR UNREINFORCED MASONRY BEARING WALL BUILDINGS A. GENERAL (a) Purpose. The purpose of this chapter 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 chapter are intended as minimum standards for structural seismic -1- 2 • 3 a s 6 7 s 9 10 11 12 13 14 r� 16 17 18 19 20 21 22 23 24 • 2s 26 27 2s • 29 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. (b) Scope. The provisions of this chapter 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 bricks. Except as provided herein, all other provisions of the 1991 Uniform Building Code, hereinafter referred to as the Building Code, shall apply. The Appendix Chapter I of the 1991 Uniform Code for Building Conservation is hereby adopted. All buildings regulated by this ordinance shall conform to the provisions of Appendix Chapter 1 of the Uniform Code for Building Conservation. 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 chapter 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. 2. Essential and Hazardous Facilities as defined in Table 23-K of the Building Code. Such structures shall comply with the Building Code. B. ADMINISTRATIVE PROVISIONS (a) Definitions. For the purposes of this chapter, the applicable definitions in the Building Code shall also apply. HIGH RISK BUILDING is any building, other than an essential or hazardous building, -2- • 1 2 3 • 4 s 6 7 s 9 10 11 12 13 14 • 1s 16 17 1& 19 20 21 22 23 24 • 2s 26 27 28 • 29 having an occupant load of 300 occupants or more as determined by Section 3302(a) of the Building Code. Exception: A high risk building shall not include the following: 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. Any building used for its intended purpose, as determined by the Building Official for less than 20 hours per week. LOW RISK BUILDING is any building, other than an essential or hazardous building, having an occupant load as determined by Section 3302(a) of the Building Code of less than 25 occupants. MEDIUM RISK BUILDING is any building, not classified as a high risk building or an essential or hazardous building, having an occupant load as determined by Section 3302(a) of the code of 25 occupants or more, including buildings of greater than 300 occupants used less than 20 hours per week. (b) Rating Classifications. The rating classifications identified in Table Al -E are hereby established and each building within the scope of this chapter shall be placed in one such rating classification by the Building Official. The total occupant load of the entire building as determined by Section 3302(a) of the Building Code shall be used to determine the rating classification. Exception: For purposes of this chapter, portions of buildings constructed to act independently when resisting seismic forces may be placed in separate rating classifications. (c) Compliance Requirements. 1. The owner of each building within the scope of this chapter shall, upon service of an order and within the time limits set forth in this chapter, 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 chapter, 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 chapter shall comply with the -3- 2 • 3 a s 6 7 8 9 10 11 12 13 14 is 15 16 17 18 19 20 21 22 23 24 • 2s 26 27 28 • 29 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 chapter; or ii. Within 270 days after service of the order, the structural analysis and plans for structural alterations of the building to comply with this chapter; or iii. Within 180 days after service of the order, plans for the installation of wall anchors in accordance with the requirements specified in Section 1 A(b); 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 No. A 1-G. These time limits shall begin from the date the order is served in accordance with Section 1 B(d) 2, except that the time limit to commence structural alteration or demolition shall begin to run from the date the building permit is issued. 4. Owners electing to comply with paragraph 2 iii of this subsection are also required to comply with paragraph 2 ii or 2 iv of this subsection provided, however, that the 270 -day period provided for in Paragraph 2 ii or 2 iv and the time limits for obtaining a building permit and to complete structural alterations or building demolition set forth in Table A 1-E shall be extended in accordance with Table No. A 1-G. Each such extended time limit shall begin to run from the date the order is served in accordance with Section 1 B(d), except that the time limit to commence structural alterations or demolition shall begin to run from the date the building permit is issued. (d) Administration. 1. Order - Service: i. The Building Official shall, in accordance with the priorities set forth in Table No. A 1-G, issue an order as provided in this section to the owner of each building within the scope of this chapter. ii. Prior to the service of an order as set forth in Table No. A 1-G, a bulletin may be issued to the owner as shown upon the last equalized assessment roll or to the C'I • 1 2 3 • 4 s 6 7 s 9 10 11 12 13 14 • 1s 16 17 18 19 20 21 22 23 24 • 2s 26 27 28 • 29 person in apparent charge or control of a building considered by the Building Official to be within the scope of this chapter, 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 chapter shall be in accordance with the rating classification as shown on Table No. A 1-E. 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 minimum time period prior to the service of the order as shown on Table No. A 1-G shall be measured from the effective date of this chapter. The Building Official may, upon receipt of a written request from the owner, order such owner to bring his building into compliance with this chapter prior to the normal service date for such building set forth in this chapter, 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 chapter and, therefore, is required to meet the minimum seismic standards of this chapter. The order shall specify the rating classification of the building and shall be accompanied by a copy of Section 1 B(c), 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 chapter to the Board of Appeals, established by Section 204 of the Building Code. Such appeal shall be filed with the Board within 60 days from the service date of the order described in Section 1 B(d) 3. 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 chapter shall be made in accordance with the procedures established in Sections 105 and 106 of the Building Code. 5. Recordation. At the time that the Building Official serves the aforementioned -5- 2 • 3 4 s 6 7 s 9 10 11 12 13 14 • 1s 16 17 is 19 20 21 22 23 24 • 2s 26 27 2s • 29 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 chapter 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 chapter has not been demonstrated. If the building is either demolished, found not to be within the scope of this chapter, or is structurally capable of resisting minimum seismic forces required by this chapter 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 chapter, 6. Enforcement. If the owner in charge or control of the subject building fails to comply with any order issued by the Building Official pursuant to this chapter within any of the time limits set forth in Section 1 B(c), 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 203 of the Building Code. Table A 1 -E -Rating Classifications Type of Building Classification Occupant Load Essential or Hazardous Building I n/a High Risk Building II >300 Medium Risk - A III -A 100 to 299 Medium Risk - B III -B 50 to 99 Medium Risk - C III -C 25 to 49 Low Risk Building IV <25 -6- • 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 28 0 29 Table Al -G Schedule of Seismic Strengthening of Unreinforced Masonry Buildings ' Building Risk Classification 'Occupant Load 2Install parapet bracing and wall anchors at roof 3Complete strengthening after parapet bracing 4"Complete strengthening without parapet bracing being done 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 Q5 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. ZParapet bracing includes bracing the parapets on all walls of the building and installing tension anchors from the wall to the roof on all walls. See special requirements for work required when a reroofing permit is applied for. 3Complete strengthening includes the remainder of the strengthening work as required by the City's ordinance. Parapets and wall anchor installation was completed in an earlier phase. 4Complete strengthening includes all strengthening required by the City's Ordinance including parapet bracing and wall anchors. 5A11 building regulated by this chapter, undergoing a change of occupancy, may be strengthened in accordance with these provisions. SECTION 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 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 -7- I 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 • 25 III 26 27 28 • 29 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 August, 1994, by the following vote: AYES: Bowler, Oakes, Reviczky, Mayor Benz NOES: None ABSTAIN: Edgerton ABSENT- None /""7) PRESIDENT of the City Callfornla ATTEST - • APPROVED AS TO FORM: MAYOR of the City of Hermosa Beach, 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. 94-1114 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 August, 1994, and was published in the Easy Reader on August 18, 1994. The vote was as follows: AYES: Bowler, Edgerton Oakes, Reviczky, Mayor Benz NOES: None ABSENT: None ABSTAIN: None DATED: August 18, 1994 Deputy City Clerk 0 % ,• CITY OF HERMOSA BEACH ' ORDINANCE 94.1114 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO ADD ' TO THE MUNICIPAL CODE ORDINANCE TEXT, SECTION 71.1,:PERTAINING TO SEISMIC STRENGTHENING FOR UNREINFORCED MASONRY BEARING WALL BUILDINGS WHEREAS, the City Council held a public meeting on July 26, 1994, to consider amendment to Section 7'7:1;and to receive oral and written testimony and made the following Findings: A. Amending the Municipal Code is necessary to promote public safety and welfareby reducing the risk of death or injury that may result from the effects of existing unreinforced masonry bearing wall buildings; B. Section 7T.1,Jhall apply to all existing buildings having at least one unreinforced masonry bearing wall; C. This ordinance is categorically exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15301 of the CEQA guidelines, as it mandates the rehabilitation and minor alteration of existing facilities. NOW, THEREFORE, the City Council of the City of Hermosa Beach, California, does hereby ordain that the Municipal Code be amended as follows: j SECTION 1. Amend Section 77 to add the following: SEISMIC STRENGTHENING PROVISIONS FOR UNREINFORCED i MASONRY BEARING WALL BUILDINGS A.GENERAL (a) Purpose. The purpose of this chapter 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 chapter 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. (b) Scope. The provisions of this chapter shall apply to all existing i 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 the walls shall be verified to the satisfaction of the I 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 bricks. Except as provided herein, all other provisions of the 1991 Uniform Building Code, hereinafter referred to as the Building Code, shall apply. The Appendix Chapter I of the 1991 Uniform Code for Building Conservation is hereby adopted. All buildings regulated by this ordinance shall conform to the provisions of Appendix Chapter 1 of the Uniform Code for Building Conservation: 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. i Exceptions: This chapter 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. 2. Essential and Hazardous Facilities as defined in Table 23-K of the Building Code. Such structures shall comply with the Building Code. B. ADMINISTRATIVE PROVISIONS (a) Definitions. For the purposes of this chapter, the applicable defini- tions in the Building Code shall also apply. HIGH RISK BUILDING is any building, other than an essential or hazardous building, having an occupant load of 300 occupants or more as determined by Section 3302(a) of the Building Code. Exception: A high risk building shall not include the following: 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. Any building used for its intended purpose, as determined by the Building Official for less than 20 hours per week. LOW RISK BUILDING is any building, other than an essential or hazardous building, having an occupant load as determined by Section 3302(a) of the Building Code of less than 25 occupants. MEDIUM RISK BUILDING is any building, not classified as a high risk building or an essential or hazardous building, having an occupant load as determined by Section 3302(a) of the code of 25 occupants or more, including buildings of greater than 300 occupants used less than 20 hours per week. (b) Rating Classifications. The rating classifications identified in Table AI -E are hereby established and each building within the scope of this chapter shall be placed in one such rating classification by the Building Official. The total occupant load of the entire building as determined by Section 3302(a) of the Building Code shall be used to determine the rating classification. Exception: For purposes of this chapter, portions of buildings constructed to act independently when resisting seismic forces may be placed in separate rating classifications. (c) Compliance Requirements. 1. The owner of each building within the scope of this chapter shall, upon service of an order and within the time limits set forth in this chapter, 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 mply with earthquake standards specified in this chapter, the owner hall cause it to be structurally altered to conform to such standards or shall � use the building to be demolished. 2. The owner of a building within the scope of this chapter 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 chapter; or ii. Within 270 days after service of the order, the structural analysis and plans for structural alterations of the building to comply with this chapter; or iii. Within 180 days atter service of the order, plans for the installation of wall anchors in accordance with the requirements specified in Section 1 A(b); 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 No. A I -G. These time limits shall begin from the date the order is served in accordance with Section 1 B(d) 2, except that the time limit to commence structural alteration or demolition shall begin to run from the date the building permit is issued. 4. Owners electing to comply with paragraph 2 iii of this subsection are also required to comply with paragraph 2 ii or 2 iv of this subsection provided, however, that the 270 -day period provided for in Paragraph 2 ii or 2 iv and the time limits for obtaining a building permit and to complete structural alterations or building demolition set forth in Table I -E shall be extended in accordance with Table No. A I -G. Each such extended time limit shall begin to run from the date the order is served in accordance with Section 1 B(d), except that the time limit to commence structural alterations- ordemolition shall begin to run from the date the building permit is issued. (d) Administration. 1. Order - Service: i. The Building Official shall, in accordance with the priorities set forth in Table No. A I -G, issue an order as provided in this section to the owner of each building within the scope of this chapter. ii. Prior to the service of an order as set forth in Table No. A I -G, 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 chapter. 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 chapter shall be in accordance with the rating classification as shown on Table No. A 1-E. 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 minimum time period prior to the service of the order as shown on Table No. A I -G shall be measured from the effective'date of this chapter. The Building Official may, upon receipt of a written request from the owner, order such owner to bring his building into compliance with this chapter prior to the normal service date for such building set forth in this Chapter. 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 chapter and, therefore, is required to meet the minimum seismic standards of this chapter. The order shall specify the rating classification of the building and shall be accompanied by a copy of Section 1 B(c), 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 chapter to the Board o1 Appeals, established by Section 204 of the Building Code. Such appeal shall be filed with the Board within 60 days from the service date of the order described in Section 1 B(d) 3. Any such appeal shall be given a written decision by the Hoard 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 chapter shall be made in accordance with the procedures established in Sections 105 and 106 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 chapter 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 chapter has not been demonstrat- ed. If the building is either demolished, found not to be within the scope of this chapter, oris structurally capable of resisting minimum seismic forces required by this chapter 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 chapter. 6. Enforcement If the owner in charge or control of the subject building faBstocomply with any order issued by the Building Official pursuant to this Chapter within any of the time limits set forth in Section 1 B(c), the Building Official shall verity that the record owner of this building has been properly served. It 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. It compliancewith such order has not been accomplished within 90 days atter 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 accordancewith theprovisionsof Section 203 of the Building Code. Table AI -E -Rating Classifications Table Al -G Schedule of Seismic Strengthening Type of Building Classification Occupant Load Essential or Hazardous Building I n/a High Risk Building II >300 Medium Risk - A III -A 100 to 299 Medium Risk -B III -B 50 to 99 Medium Risk - C III -C 25 to 49 Low Risk Building IV Q5 'Building risk classifications are based on the building occupant load as determined by.the Uniform Building Code. 2Parapet bracing includes bracing the parapets on all walls of the building and installing tension anchors from the wall to the roof on all walls. See special requirements for work required when a reroofing permit is applied for. 3Complete strengthening includes the remainderof the strengthening work as required by the City's ordinance. Parapets and wall anchor installation was completed in an earlier phase. 'Complete strengthening includes all strengthening required by the City's Ordinance including parapet bracing and wail anchors. 'All building regulated by this chapter, undergoing a change of occupancy, may be strengthened in accordancewith these provisions. SECTION 2. This ordinance shall become effective and be in full force and effect from and after thirty (30) days of its final passage and adoption. 1 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 9th day of August, 1994, by the following vote: AYES: Bowler, Oakes, Reviczky, Mayor Benz NOES: None ABSTAIN: Edgerton ABSENT: None Robert Benz PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: Naoma Valdes. Deputy_ APPROVED AS TO FORM: CLERK Charles S. Vose CITY ATTORNEY ERB-18-94/HBL-624 ¢: r 7'I 's'• 'it"s t rte. t ate. .� n Table Al -G Schedule of Seismic Strengthening of Unreinforced Masonryuildings 'Bulldog Risk 'Occupant 31MiNlrootaftw 'Complete ''Complete classification Load bracing l strengthening strengthening ancho after parapet without parapet Gating bracing being done first II >300 July Jan 1, 1998 Jan 1, 19% III -A 100 to 300 Jan Jan 1, 1999 Jan 1, 1997 Jan 1, 2000 Jan 1,Ill-C 25 to 49 Jan Jan 1.2001 Jan 1,99IV Q5 Jan Jan 1, 2002 Jan 1, 2000 'Building risk classifications are based on the building occupant load as determined by.the Uniform Building Code. 2Parapet bracing includes bracing the parapets on all walls of the building and installing tension anchors from the wall to the roof on all walls. See special requirements for work required when a reroofing permit is applied for. 3Complete strengthening includes the remainderof the strengthening work as required by the City's ordinance. Parapets and wall anchor installation was completed in an earlier phase. 'Complete strengthening includes all strengthening required by the City's Ordinance including parapet bracing and wail anchors. 'All building regulated by this chapter, undergoing a change of occupancy, may be strengthened in accordancewith these provisions. SECTION 2. This ordinance shall become effective and be in full force and effect from and after thirty (30) days of its final passage and adoption. 1 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 9th day of August, 1994, by the following vote: AYES: Bowler, Oakes, Reviczky, Mayor Benz NOES: None ABSTAIN: Edgerton ABSENT: None Robert Benz PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: Naoma Valdes. Deputy_ APPROVED AS TO FORM: CLERK Charles S. Vose CITY ATTORNEY ERB-18-94/HBL-624 ¢: r 7'I 's'• 'it"s t rte. t ate. .� 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 40 30 31 ORDINANCE 94-1115 AN ORDINANCE OF THE CITY OF HERMOSA BEACH CALIFORNIA, TO AMEND PORTIONS OF SECTION 8-5, COMMERCIAL DEVELOPMENT STANDARDS TO REDUCE SETBACK REQUIREMENTS FOR COMMERCIAL PROJECTS ADJACENT TO RESIDENTIAL ZONES AND ADOPTION OF A NEGATIVE DECLARATION WHEREAS, the City Council held a public hearing on August 9, 1994 to consider oral and written testimony and made the following Findings: A. The purpose of the current setback requirement of 8 feet for the first floor plus 2 feet for each additional floor for commercial projects which abut residential zones is to provide an adequate buffer to protect the abutting residential uses; B. Several existing properties have been developed in a manner that does not comply with this setback requirement, which precludes building remodeling or expansion due to nonconformity with required commercial setbacks; C. Since the adoption of the setback requirement additional limitations have been placed on commercial property to reduce the allowable height limits and require the submittal of precise development plans; D. Commercial parcels in the C-1 and C-2 zones are especially adversely effected by this setback requirement because such parcels are often fully developed on relatively small lots; E. An opportunity should be provided to allow expansion and remodeling of commercial structures that would otherwise prohibited only because of a nonconformity to the commercial/residential setback requirement; F. Reducing the setback requirement in the C-1 and C-2, while maintaining at least a 5 foot minimum setback, is a reasonable modification that might encourage remodeling and enhancement of existing commercial structures, and perhaps the redevelopment of some of these small commercial parcels; -1- • • • 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 30 31 G. 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 8-5(9) by adding the underlined as follows: "Rear and side yard setback adjacent to residential zones: C-3 zone: A minimum rear and/or side yard setback of eight (8) feet shall be provided, and an additional two (2) feet of setback shall be provided for each story over the first story for structures that abut residential zones, except where public rights-of-way, twenty (20) feet or greater in width, separate the commercial zone from the residential zone. C-1 and C-2 zones: A minimum rear and/or side yard setback of five (5) feet shall be provided, except where public rights-of-way twenty (20) feet or greater in width, separate the commercial zone from the residential zone Existing Buildings: Existing commercial buildings that do not comply with the above setback requirement ad -scent to residential zones shall not be considered "nonconforming buildings" under the terms of Article 13. Therefore, such buildings may be remodeled or expanded as long as any new constructions conforms with the above setback requirements." SECTION 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. -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 29 • 30 31 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, A,,PP,PVEW, anODOPTED this 13th day of September, 1994, Of the City C�uncil and MAYOR of the City of Hermosa Beach, California ATTEST- / APPROVED AS TO FORM: �y"Z' Z&e ATTORNEY 5:2 ACTIVITY IDENTIFICATION Location a. Address: city wide �. Legal: NZA Description Aek�pecial study and text amendment to the zoning ordinance in regards to commercial development standards. S onsor 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,grd� t, it would not have a significant effect on the environment. `Documentation sup,porting this finding is on file in the Planning Department. 6_9.9v /,& a�6� Date of Findinghairman, 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, �**����� *'`�*�*�^^ .r.noo„rno orn ;nr�nr�nr� ;n 4},n r , it would not have a significant effect on the environment. Docume tatioNuprgrting this finding is on file in the Planning Department. Date of Finding Chairman, Planning Commission FINDING OF THE CITY COUNCIL e have undertaken and completed an Environmental Impact Review of this proposed project in accordance with resolution 89-5229 of the City Council of Hermosa Beac , d find that this project does not require a comprehensive Environmental Impact Report because, , it would not have a significant effect on the environment. Documenf/pq Au p ing this finding is on file in the Planning Department. Date of Finding 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. 94-1115 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 September, 1994, and was published in the Easy Reader on September 22, 1994. The vote was as follows: AYES: Bowler, Edgerton, Oakes, Mayor Benz NOES: Reviczky ABSENT: None ABSTAIN: None DATED: September 22, 1994 • PROOF OF PUBLICATION (2015.5 C.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 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 �ipplement thereof on the followingdates, to -wit: September 22nd 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 dayof September ,1994. Signatu 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-627 ► W MA CITY OF HERMOSA BEACH ORDINANCE 94.1115 AN ORDINANCE OF THE CITY OF HERMOSA BEACH CALIFORNIA, TO AMEND PORTIONS OF SECTION 8-5; COMMERCIAL DEVELOPMENT STANDARDS TO REDUCE SETBACK, REQUIREMENTS FOR COMMERCIAL PROJECTS ADJACENT TO RESIDENTIAL ZONES AND ADOPTION OF A NEGATIVE DECLARATION WHEREAS, the City Cou ncil held a public hearing on August 9,199410 consider oral and written testimony and made the following Findings: A. The purpose of the current set- back requirement of 8 feet for the first floor plus 2 feet for each additional floor for commercial projects which abut residential zones is to provide an adequate buffer to protect the abutting residential uses; B. Several existing properties have been developed in a manner that does not comply with this setback requirement, which precludes build- ing remodeling or expansion due to nonconformitywith required commer- cial setbacks; C. Since the adoption of the set- back requirement additional limita- tions have been placed oncommer- cial property to reduce the allowable height limits and require the submittal of precise development plans; D. Commercial parcels in the C-1 and C-2 zones are especially ad- versely effected by this setback re- quirement because such parcels are often fully developed on relatively small lots; E. An opportunity should be pro- vided to allow expansion acid remod- eling bf commercial structures that would otherwise prohibited only be- cause of a nonconformity to the com- mercial/residential setback require- ment; F. Reducing the setback require- ment in the C-1 and C-2, while main- taining at least a 5 foot minimum setback, is a reasonable modifica- tion that might encourage remodel- ing and enhancement of existing com- mercial structures, and perhaps the redevelopment of some of these small commercial parcels; G. 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 FOLLOWS: SECTION 1. Amend Section 8- 5(9) by adding the underlined as fol- lows: "Rearand side yard setback adja- cent to residential zones: 3 zone; A minimum rear and/or side yard setback of eight (8) feet shall be provided, and an additional two (2) feet of setback shall be provid- ed for each story over the first story for structures that abut residential zones; except where public rights-of-way, twenty (20) feet or greater in width, separate the commercial zone from the residential zone. C-1 and C-2 zones: A minimum rear and/or side yard setback of five (5) feet shall be provided, except where public rights-of-way twenty (20) feet or greater in width, separate the commercial zone from the residential zone. Existing Buildings: Existing commercial buildings that do not com- ply with the -above setback require- ment adjacent to residential zones shall not be considered "nonconform- ing buildings" under the.terms of Ar- ticle 13. Therefore, such buildings may be remodeled or expanded as long as any new constructions con- forms with the above setback re- quirements: SECTION 2. This ordinance shall become effective and in be in full force and effect from and after thirty (30) days of its final passage -rand 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 theCityof 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 Septem- ber, 1994, by the following vote: AYES: Bowler, Edgerton, Oakes, Mayor Benz NOES: Reviczky ABSTAIN: None ABSENT: None Robert Benz PRESIDENT of the City Council and MAYOR of the City of Hermosa Beath, California ATTEST: Elaine Doerfling CITY CLERK APPROVED AS TO FORM: Charles S: Vose CITY ATTORNEY ER9-22-94/HBL-627 • • • F -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 ORDINANCE NO. 94-1116 AN ORDINANCE OF THE CITY OF HERMOSA BEACH AMENDING CHAPTER 7.5 OF THE HERMOSA BEACH MUNICIPAL CODE RELATIVE TO THE GRANTING OF CABLE TELEVISION FRANCHISES. THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 7.5 of the Hermosa Beach Municipal Code is hereby amended in its entirety to read as follows: "CHAPTER 7.5 HERMOSA BEACH CABLE TELEVISION ORDINANCE Section 7.5-1 - Short Title This Chapter shall be known as the "Hermosa Beach Cable Television Ordinance." Section 7.5-2 - Definitions For the purposes of this Chapter, the following terms, phrases, words and abbreviations shall have the following meaning: (1) "Affiliate" means any person which directly or indirectly owns or controls Grantee, any person which Grantee directly or indirectly owns or which it controls, or any person under common ownership or control with Grantee. (2) "Applicant" means any person submitting an application for grant or transfer of a franchise. (3) "Basic Cable Service" means any service tier which includes the retransmission of local television broadcast signals. -1- r� 2 • 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 • LJ 24 25 26 27 28 (4) 'Broadcast Signal" means a television or radio signal that is transmitted locally over -the -air to a wide geographic audience and is received by a cable television system and retransmitted to its subscribers. (5) "Cable Act" means the Cable Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection And Competition Act of 1992, and as they may be subsequently amended. (6) "Cable Communications System" or "System" also referred to as "Cable Television System" or "Cable System" means a facility, subject to the limitation of 47 U.S.C. § 522(6), consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment, that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community. (7) "Cablecast Signal' means a non -broadcast signal that originates within the facilities of the cable television system. (8) "Cable -Mile" means a linear mile of strand or conduit bearing cable as measured on the street or public or private easement from pole to pole or pedestal to pedestal. (9) "Cable Service" means one-way transmission to subscribers of video programming or other programming service and any subscriber interaction, if any, which is required for the selection of such video programming or other programming service. (10) "Channel' or "Cable Channel' means a portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel as defined by the Federal Communications Commission. (11) "Qjy" means the City of Hermosa Beach, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form. (12) "Commence Construction" means the point in time when the first connection is physically made to a utility pole, or undergrounding of cables is initiated, after preliminary engineering (strand mapping) and after all necessary permits and authorizations have been obtained. -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 t •28 (13) "Commence Operation" means the point in time when sufficient distribution facilities have been installed so as to permit the offering of cable service to a dwelling unit located within the franchise area and such services are actually subscribed to by a resident of the franchise area. (14) "Commercial Use Channel" means the channel capacity, if any, designated for commercial use as defined and required by federal law. (15) "Completion of Construction" means the point in time when all distribution facilities have been installed by the Grantee so as to permit the offering of cable service to all of the potential subscribers in the franchise area subject to the limitations of Section 7.5-39(b) and 7.5-39(c). (16) "Council' means the present governing body of the City or any future board constituting the legislative body of the City. (17) 'Distribution Facilities" means non -subscriber specific cable equipment including trunk and distribution lines, excluding drop lines to specific locations. (18) "Federal Communications Commission" or "FCC" means the present Federal agency of that name as constituted by the Communications Act of 1934, or any successor agency created by the United States Congress. (19) "Franchise" means the right to construct, operate and maintain a cable television system using the City streets pursuant to the terms and conditions of this Chapter, the franchise ordinance and the acceptance of the franchise ordinance. Any reference to the "Franchise" incorporates by reference this Chapter, the franchise ordinance and the acceptance of the franchise ordinance. (20) "Franchise Area" means the geographic area within the City designated in a franchise where the Grantee may operate a cable television system. (21) "Franchise Fee" means the tax, fee or assessment of any kind imposed by the City on a Grantee or cable subscriber, or both, solely because of its status as such. The term "franchise fee" does not include: (a) Any tax, fee or assessment of general applicability (including any such -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 tax, fee or assessment imposed on both utilities and grantee(s) or their services but not including a tax, fee, or assessment which is unduly discriminatory against Grantee or cable subscribers); (b) Capital costs which are required by the franchise to be incurred by Grantee for PEG access facilities; (c) Requirements or charges incidental to the awarding, enforcing, transfer or renewal of the franchise; or (d) Any fee imposed under Title 17, United States Code. (22) "Franchise Ordinance" means the ordinance granting a franchise to a person to operate a cable television system pursuant to the terms of this Chapter. Any conflict between the terms of this Chapter and the Franchise Ordinance shall be resolved in favor of the Franchise Ordinance. (23) "Grantee" means any person granted a franchise. (24) "Gross Revenues" means revenues from pay, pay-per-view and basic cable service subscriptions; revenues from the provision of services, facilities or equipment to subscribers; revenues from the sale of all advertising; leased channel fees; fees for data transmission; revenues received from home shopping services; and any other compensation received, from any source and regardless of form, from operation of the cable system. Any tax, fee or assessment collected from subscribers on behalf of any federal, state or local government or agency and any new franchise related services shall not be considered part of Grantee's gross revenues. Grantee is not required to pay a franchise fee on revenues recorded as received but which are in fact "bad debt," except Grantee must pay the fee on all recoveries of bad debt. Grantee is not required to pay a franchise fee on revenues received on sales of items which Grantee is required by law, regulation or ordinance to sell to subscribers at cost (e.g., AB switches and parental control locks or switches). Revenues from advertising sold for transmission on more than one system shall be allocated on a pro rata basis, (revenues divided by number of basic subscribers capable of receiving the advertising on the systems for which the advertising is sold) times (the number of basic subscribers in the City). 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 0 28 (25) "Installation" means the connection of the cable television system from feeder cable to subscribers' terminals, and the provision of service. (26) "Interactive Service" means two-way communications between system subscribers and the system headend or hub. (27) "Local Origination Channel" means any channel where the Grantee is the primary program supplier or originator, and provides video programs to subscribers. (28) "Other Pro ramming Service" means information that the Grantee makes available to all subscribers generally. (29) "Pay-Television"or "Pay -Per -View" means the delivery to subscribers over the cable television system of video programming for a fee or charge to subscribers over and above the charge for any tier of regulated cable service, on a per program or per channel basis, so long as the service is not offered on a regulated tier of service. (30) "Person" means any natural person, partnership of every kind, association, joint stock company, trust, domestic and foreign corporation, or organizational entity. (31) "Public, Educational or Government Access" or "PEG' Access" means programming, channel capacity, facilities and equipment designated for public, educational, or governmental use. (32) "Public Rights -of -Ways" means each of the following that are owned and controlled, used or dedicated for use, by the public and located within City's jurisdictional limits: streets, roadways, highways, avenues, lanes, alleys, sidewalks, rights-of-way and similar public property within which a Grantee may place its facilities for operating its cable television system. (33) "Resident" means any person residing in the City as otherwise defined by applicable law. (34) "School" means any accredited primary and secondary public school, I college and university. (35) "Subscriber" means any person who or which elects to subscribe to, for any purpose, a service provided by the Grantee by means of or in connection with the cable -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 television system. (36) "Transfer" means any sale, transfer, assignment, lease, hypothecation, placement in trust or change in the control of the franchise or any part thereof As used in this definition, "transfer" includes stock transfer and "control" includes actual working control in whatever manner exercised. Shareholders and/or partners of Grantee may transfer, sell, exchange, assign or divest themselves of any interest they may have therein. However, in the event any such sale, transfer, exchange assignment, divestment or other change is effected in such a way as to give control of 25 percent or more interest in the Grantee to any persons, corporation, partnership or legal entity other than the controlling interest therein on the effective date of the franchise or the effective date of last approved transfer, consent thereof shall be required. (37) "Video Programming" means programming provided by, or generally considered comparable to programming provided by, a television broadcast station. Section 7.5-3 - Grant of Franchise (a) Grant: The City may grant a Franchise pursuant to a Franchise Ordinance. Each Franchise shall be subject to the provisions of this Chapter, the Franchise Ordinance, and the Acceptance of the Franchise Ordinance. No subsequently enacted ordinances or regulations shall materially alter the right or obligation of the Grantee under the Franchise Ordinance or this Chapter, provided that the Franchise shall be subject to all ordinances and regulations of general applicability now in effect or subsequently enacted, including those concerning encroachment permits, business licenses, zoning and building, which ordinances or regulations are valid and proper exercise of the City's Police Powers. (b) Franchise Required: It shall be unlawful for any person to construct, install or operate a cable television system in the City within any public rights-of-way, including any property which has not yet been dedicated to the City but is designated or delineated for public use without a Franchise awarded pursuant to the provisions of this Chapter, (c) Duration: The term of the Franchise or any Franchise renewal shall be -6- • 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 established in the Franchise Ordinance. (d) Franchise Non -Exclusive: (1) Any Franchise granted shall be non-exclusive and City-wide. The City may grant additional Franchises as it deems appropriate. (2) In the event that, subsequent to the effective date of this Chapter, City grants an additional Franchise for a cable communications system on terms that, on a whole, are more favorable or less burdensome than those contained in an existing Grantee's Franchise granted pursuant to this Chapter, such more favorable or less burdensome terms shall be automatically extended to such existing Grantee to the effect that any provision in such Grantee's Franchise which is inconsistent with such more favorable or less burdensome terms shall be superseded by such more favorable or less burdensome terms. Such more favorable or less burdensome terms shall be effective with respect to the Grantee's Franchise as of the effective date of the Franchise granted to such other person, provided that, to the extent the existing Grantee has already performed certain terms, then no more favorable or less burdensome terms shall be extended to the new Grantee. In order to invoke the benefit of this clause such existing Grantee shall notify City in writing of the specific terms in the proposed Franchise that are more favorable or less burdensome than the terms of the existing Franchise prior to the public hearing described at Section 7.5-4, provided that City has given such existing Grantee at least ten (10) days prior written notice of such public hearing, together with a copy of the proposed Franchise. (e) Franchise Non -Transferable (1) Except as otherwise provided in the Franchise Ordinance, the Franchise shall not be assigned or transferred, in whole or in part, or leased or sublet, mortgaged or pledged in trust by any means without the prior consent of the City expressed by resolution. Nothing set forth in this Chapter shall prevent the Grantee from leasing or otherwise allocating use of any channel or programming time to any person, over a commercial use channel. (2) If the Grantee transfers the Franchise prior to obtaining City consent, the Grantee shall be subject to liquidated damages to the extent provided in the -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 Franchise Ordinance. (3) In reviewing a transfer request, the City may examine the financial, technical and legal qualifications of the transferee; whether the transferee agrees to accept and be bound by each and every term of the Franchise; whether the transferee agrees to assume all liability and responsibility for acts or omissions of Grantee, known and unknown; whether the transferee agrees that the transfer will not allow it to exercise any rights which could not have been exercised by the transferor, had it continued to hold the Franchise; and any other matter which the City is legally entitled or required to consider. The City may grant, deny or establish conditions on transfer, as appropriate hereunder to protect its interests in the Franchise and the public interest but may not withhold its consent to a transfer unreasonably. In seeking City's consent to any transfer or change of ownership, Grantee shall have the responsibility of ensuring that the transferee completes an application in form and substance reasonably satisfactory to City, which application shall be submitted with all application fees required pursuant to Section 7.5-4, of this Chapter. An application shall be submitted to City not less than ninety (90) days prior to the date of transfer. The City may condition the transfer to ensure the transferee is in material compliance and remains in material compliance with the Franchise. In case of any sale or transfer of ownership of any cable system after the 36 -month period following acquisition of such system, the City shall have 120 days to act upon any request for approval of a transfer that contains or is accompanied by such information as is required in accordance with FCC regulations and by the City. If the City fails to render a final decision on the request within 120 days, such request shall be deemed granted unless the Grantee and the City agree to an extension of time. (4) Notwithstanding the foregoing, pledges in trust or mortgages of the assets of the system to secure an indebtedness may be made without the City's prior consent; except that no such arrangement may be made which would in any respect prevent Grantee or any successor from complying with all its obligations under the Franchise, nor may any such arrangement permit a third party to succeed to the interest of Grantee without the prior consent of the City. -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 (0 Change in Control: (1) City consent is further required for any change in control of Grantee, pursuant to subsection 7.5-3(e) above. "Change of control" shall mean actual equity control in whatever manner exercised and shall be deemed to have occurred upon acquisition or accumulation by a person or group of persons acting in concert of fifty percent (50%) of the shares or interest in Grantee or any entity which owns or controls Grantee. (2) Any change of control of the Grantee occurring without prior City approval shall constitute a material breach of the Franchise. (g) Franchise Area; Annexation: The Franchise Area shall be the municipal boundaries of the City of Hermosa Beach, as it may be increased or decreased by annexation, or otherwise. Section 7.5-4 - Franchise Applications (1) Any person may apply for the grant of a new franchise. (2) The City may, by advertisement or any other means, solicit applications for new franchises pursuant to a request for proposals. (3) Upon receipt of an application, the City Manager shall cause to be prepared a report, including his or her recommendations respecting such application, which shall be filed with the Council, each applicant, and existing Grantees. Upon receipt of said report, a public hearing shall be noticed to consider the approval of the application. (4) The City may, at any time prior to the close of the public hearing, require the applicant to provide supplementary information reasonably necessary to determine whether the application should be approved. (5) Following the public hearing, the Council, at its discretion, shall determine whether to approve the application. In making its determination, the Council shall give due consideration to the quality of the service proposed in light of existing new technology, income to the City, experience, character, technical and financial responsibility of the applicant, and any other considerations deemed pertinent by the Council for safeguarding the interests of -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 the City and public. Section 7.5-5 - Multiple Franchises (1) City may grant one or more Franchises. City may limit the number of franchises granted, based upon, but not necessarily limited to, the following considerations: (a) The capacity of the public rights-of-way to accommodate the facilities of two or more cable systems. (b) The benefits that may accrue to cable subscribers as a result of cable system competition, such as lower rates and improved service. (c) The disadvantages that may result from cable system competition, such as the requirement for multiple pedestals on residents' property, and the disruption arising from numerous excavations of the rights-of-way. (2) City may require that any new Grantee be responsible for its own underground trenching and the costs associated therewith, if, in City's opinion, the rights-of-way in any particular area cannot feasibly and reasonably accommodate additional cables. (3) In the event the City grants more than one franchise, each earlier Grantee must negotiate with the new Grantee concerning the availability of access programming to the new system, to the end that both the benefits and burdens of the access system, including programming, shall be equitably shared. Section 7.5-6 - Franchise Renewal The City may establish Franchise renewal procedures by Resolution subject to applicable federal and state law. Section 7.5-7 - Franchise Processing Costs Any application for either a new Franchise grant, a Franchise renewal or a Franchise transfer, shall be made in a manner prescribed by the City Manager, and shall include an application fee, in an amount to be set by the City Manager, to cover the cost of all 10- 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 reasonable direct and indirect administrative expenses, including consultants and attorneys, necessary to adequately analyze the application. In addition, the Grantee shall reimburse the City for all reasonable out-of-pocket processing costs, which shall include, but not be limited to, costs of publications of notices, development and publication of relevant Franchise ordinances and agreements, and any other out-of-pocket costs not covered by the application fees, incurred by the City in its study and evaluation of applications. The City may periodically bill the applicant for such additional amounts to reimburse the City for such expenses incurred in addition to the application fee. The bills shall be supported with evidence of the expense or cost incurred. The applicant shall pay such bills within thirty (30) days of receipt. These Franchise processing costs are over and above any construction, inspection and permit fees and the franchise fees specified in this Chapter or the Franchise Ordinance. Section 7.5-8 - Franchise Fee (1) As compensation for the use of valuable public rights-of-way, and to defray certain of the costs associated with cable regulation during the franchise term, Grantee shall pay the City five percent (5%) of the gross revenues it derives, any affiliate derives or which any person who would be defined as a cable operator under 47 U.S.C. §602(4) derives in connection with the operations of the Franchise. The Franchise shall be read to prevent Grantee from avoiding the provisions of this section by lease, contract or other arrangement. (2) The City, upon request, shall be furnished a statement, either audited and certified by an independent Certified Public Accountant or certified by a financial officer of the Grantee, reflecting the total amounts of gross revenues and all computations for the period covered by the payment. City shall have the right to conduct an independent audit of those records of Grantee reasonably necessary to determine gross revenues, and if such audit indicates a franchise fee underpayment of five percent (5%) or more, the Grantee shall assume all costs of such an audit. (3) Acceptance of a franchise fee payment for more than four (4) years after its receipt shall amount to a release and accord and satisfaction as to a particular claim the City -11- 2 • 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 r1 L_J • 24 25 26 27 28 may have for additional sums payable which have been outstanding for more than four (4) years. The Grantee shall maintain gross revenue records for a minimum of four (4) years. (4) Any delinquent franchise fee payment shall be subject to an interest charge of one and one-half percent (1-1/2%) per month. In addition, failure to pay a franchise fee payment which is due and payable within 15 days after receipt of a notice from the City shall subject the quarterly payment to a five percent (5%) penalty. (5) The franchise fee shall be received by City within sixty (60) days after the close of each quarter of the Grantee's fiscal year, A franchise fee shall be considered delinquent on the sixty-first (61 st) day after the close of each quarter of the Grantee's fiscal year, (6) The franchise fee payment is not a payment in lieu of any other tax, fee or assessment. This paragraph is not intended to waive any rights Grantee may have to claim that a particular tax, fee or assessment constitutes a franchise fee for purposes of 47 U.S.C. §542(g). (7) Each payment shall be accompanied by a report stating revenues and subscriber levels by category. The Director of Finance of the City shall establish the form of the report. (8) Should the maximum franchise fee permitted by state and federal law increase beyond five percent (5%), the City may increase the franchise fee to said maximum. The City shall give the Grantee at least sixty (60) days notice of the increase. Section 7.5-9 - Revocation of Franchise; Assessment of Damages and Penalties (1) The City reserves the right to terminate any franchise in the event of a material breach of any of its material terms or any material term of any applicable federal, state or local statute or regulation, which breach is not cured following written notice and a reasonable opportunity to cure. Such a breach may include, but not be limited to: (a) If the Grantee practices, or attempts to practice, any fraud or deceit upon the City. (b) If the Grantee becomes insolvent, unable or unwilling to pay its debts, or upon listing of an order for relief in favor of Grantee in a bankruptcy 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 CJ 27 28 proceeding. (c) If the Grantee fails to provide or maintain in full force and effect the liability and indemnification coverages, letter of credit or bonds as required by the franchise. (d) If the Grantee willfully violates any orders or rulings of any regulatory body having jurisdiction over the Grantee relative to the franchise, provided that the Grantee may contest any such orders or rulings by appropriate proceedings conducted in good faith, in which case no breach of the franchise shall be deemed to have occurred. (e) If the Grantee ceases to provide at least 80% of its standard cable service over all or a substantial portion of its cable system for a period of five (5) days or more. (f) If the Grantee willfully fails to provide City with required information, reports and/or test results in a timely manner as provided in the franchise. (g) If the Grantee fails to initiate or complete scheduled system construction or reconstruction within the time set forth in the Franchise Ordinance. (h) Any other act or omission by the Grantee which materially violates the terms, conditions or requirements of the Franchise or any order, directive, rule or regulation issued thereunder and which is not timely corrected or remedied following receipt of written notice of the violation. (I) A documented pattern and practice of material violation of the material terms, conditions or requirements of the Franchise followed by a cure which was prompted by a notice to cure received from the Grantor, Section 7.5-10 - Procedure for Adjudication of Breaches of the Franchise (1) Whenever the City Manager believes there has been a Franchise breach, he shall notify the Grantee in writing to cure the breach. (2) The notice to cure period shall be a minimum of fifteen (15) days in the 13- 1 2 3 4 s 6 7 8 9 10 11 12 13 • la 15 16 17 18 19 20 21 22 23 • 24 2s 26 • 27 28 case of any payments due under the Franchise and a minimum of thirty (30) days in all other cases (except in cases of emergency where a shorter time may be prescribed consistent with the nature of the emergency). Where thirty (30) days is insufficient time for the Grantee to cure the notified breach, Grantee shall be deemed in compliance with the provisions if, within that thirty - day time period, Grantee begins good faith efforts to cure such breach and shall present a specific and reasonable time table to the City Manager for the cure of the notified breach. If the breach is not cured within such time period or within such additional time period specified in such notice, the City Manager shall cause to be noticed a public hearing before the Council regarding the Franchise breach. (3) The Council shall hold a public hearing, upon at least thirty (30) days written notice duly given to Grantee and published notice provided to the public. Any party to the hearing may issue a request to compel reasonable document production from the other party. Except as may be otherwise specifically agreed by the parties, no other form of pre -hearing discovery shall be available to the parties. Grantee may appear at the public hearing before the Council and present information, orally or in documented form, that it deems relevant and appropriate to the Council's deliberations. Based on the evidence presented at the public hearing, the Council shall determine by resolution whether - (i) the Franchise should be revoked; (ii) the Grantee should undertake remedial action to cure any breach of its obligations under its Franchise; (iii) the Grantee should be assessed liquidated damages and/or a penalty in accordance with the terms of this Chapter and the Franchise Ordinance; or, (iv) find that the Grantee has not violated any of its obligations under its Franchise. (4) Any failure of the Grantee to comply with the final order of the City Council shall be deemed a material breach of the Franchise, and may be grounds for termination of the Franchise. -14- i 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 (5) The decision of the City Council shall be final. It shall be subject to judicial review pursuant to California Code of Civil Procedure Section 1094.5. Section 7.5-11 - Force Majeure; Grantee's Inability to Perform In the event the Grantee's performance of any of the terms, conditions or obligations required by this Chapter or its Franchise is prevented by any cause beyond Grantee's reasonable control, such inability to perform shall be deemed to be excused and no penalties or sanctions shall be imposed as a result thereof, provided Grantee has notified City in writing within thirty (30) days of its discovery of the occurrence of such an event. In such an instance, the Grantee shall have reasonable time, under the circumstances, to perform its obligation under this Chapter or to procure a substitute for such obligation which is satisfactory to the City. For the purpose of this Section, causes or events not within the control of the Grantee shall include, but not be limited to, acts of God, strikes, sabotage, riots or civil disturbances, epidemic, labor disputes, shortage of labor, freight embargoes, shortages or unavailability of materials and supplies, explosion, natural disasters such as floods, earthquakes, landslides and fires, rationing, and power or communications failures, but shall not include financial inability of the Grantee to perform or failure of the Grantee to obtain any necessary permits or licenses from other governmental agencies or the right to use the facilities of any public utility where such failure is due solely to the acts or omissions of the Grantee. Section 7.5-12 - Removal and Abandonment; Purchase of System (1) In the event that the franchise is terminated, or nonrenewed, and the system is not acquired pursuant to subsection (3) below, then such Grantee shall, upon demand of the City, and at the sole expense of the Grantee, promptly remove or, in its discretion, abandon in place all or any portion of its cable television system. Upon abandonment of the cable television system in place, Grantee shall cause to be executed, acknowledged and delivered to the City, such instruments as the City Attorney shall prescribe and approve, transferring and conveying the ownership of the cable television system to the City. 15- i 2 • 3 SII 4 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) In removing its cable television system, the Grantee shall refill at its own expense any excavation it made and leave all streets in as good condition as that prevailing prior to the Grantee's removal of its cable television system without materially affecting the electrical or telephone cable, wires, or attachments. The liability, indemnity, insurance, security fund and bonds required under the franchise shall continue in full force and effect until the removal is complete. (3) In the event a Franchise is not renewed or is terminated, the Grantee shall retain the right to sell the cable television system (excluding the franchise) and the City acknowledges that any prospective buyer may apply and be considered for grant or transfer of a franchise to operate such system as provided under this Ordinance despite any non -renewal or termination of the franchise held by the selling Grantee. The City and the Grantee may agree that Grantee will maintain and operate its cable television system until a subsequent Grantee is selected and a subsequent or modified cable television system becomes operational. The City, or another party approved by City pursuant to the franchise application procedures, may acquire the cable television system at a price established pursuant to the provisions of Section 627(a) of the Cable Act of 1984. (4) Notwithstanding anything to the contrary set forth in this Chapter, the Grantee may not abandon any of its cable television system in place if it materially interferes with the use of the street or public rights-of-way in which such property is located or with the use thereof of any public utility, which material interference shall be reasonably determined by the City Engineer. The Grantee shall not be required to remove any portion of its cable television system which has been abandoned or deemed abandoned in accordance with the provisions of this Chapter unless it constitutes a substantial portion of the cable television system. Section 7.5-13 - Receivership and Foreclosure (1) Subject to applicable provisions of the Bankruptcy Code, any franchise shall, at the option of the City, cease and terminate one hundred twenty (120) days after the appointment of a receiver or trustee to take over and conduct the business of the Grantee 16- r� 2 • 3 4 5 6 7 8 9 10 11 12 13 is 14 is 16 17 18 19 20 21 22 23 • 24 25 26 i 27 28 whether in a receivership, reorganization, bankruptcy or other action or proceeding unless such receivership or trusteeship shall have been vacated prior to the expiration of said one hundred twenty (120) days, or unless: (a) Such receiver or trustee shall have, within one hundred twenty (120) days after his election or appointment, fully complied with all terms of the franchise and remedied all breaches of the franchise or provided a plan for the remedy of such breaches which is satisfactory to the City; and, (b) Such receiver or trustee shall, within said one hundred twenty (120) days, execute an agreement duly approved by the Court having jurisdiction, whereby such receiver or trustee assumes and agrees to be bound by each and every term, provision and limitation of the franchise. (2) Upon the foreclosure or other judicial sale of all or a substantial part of a cable television system, the Grantee shall notify the City Clerk of such fact, and such notification shall be treated as a notification that a change in ownership of the Grantee has taken place and the provisions of this Chapter governing such changes shall apply. Section 7.5-14 - General Financial and Insurance Provisions (a) Construction Bond: The Grantee shall file with the City a construction bond in the amount specified in the Franchise Ordinance within thirty (30) days prior to the commencement of any construction work by the Grantee. The construction bond shall be in the form approved by the City Attorney, which approval shall not be unreasonably withheld. (b) Performance Bond: If required under the Franchise Ordinance, the Grantee shall, at least forty-five (45) days after the effective date of the Franchise Ordinance, file with City a performance bond in the amount specified in the Franchise Ordinance and in the form approved by the City Attorney. City, in its sole discretion, may permit consolidation of the performance bond with the construction bond and letter of credit specified in this Chapter, (c) Letter of Credit: (1) Within forty-five (45) days after the effective date of the Franchise -17- 2 • 3 4 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, the Grantee shall, if required by the Franchise Ordinance, establish a letter of credit in favor of the City in the sum specified in the Franchise Ordinance and in the form approved by the City Attorney. The letter of credit shall serve as security for the faithful performance by Grantee of all the provisions and obligations of the Franchise. (2) If thirty (30) days following receipt of written notice from City of Grantee's failure to pay City an amount owing under the Franchise, Grantee has not paid such amount as is due and owing to City, the letter of Credit may be assessed by the City upon five (5) days prior written notice to the Grantee indicating the intention of the City to draw upon the letter of credit, the amount to be drawn and the reason therefor. If authorized by the Franchise Ordinance, the City may assess the letter of credit for purposes including, but not limited to: (a) Failure of Grantee to pay City sums due under the terms of the Franchise after due notice and opportunity to cure as provided under this Chapter. (b) Reimbursement of costs borne by City to correct Franchise violations not corrected by Grantee, after due notice and opportunity to cure as provided under this Chapter, (c) Monetary remedies or damages assessed against Grantee due to breach of the Franchise after due notice and opportunity to cure as provided under this Chapter, (3) The Grantee shall deposit a sum of money sufficient to restore the letter of credit to the original amount within thirty (30) days after notice from City that an amount has been withdrawn from the letter of credit, specifying the date and amount of the withdrawal. .18- 2 • 3 4 5 6 7 8 9 10 11 12 13 IS 14 i5 16 17 18 19 20 21 22 23 • 24 25 26 • 27 28 Section 7.5-15 - Alternative Remedies Remedies provided for in this Chapter are cumulative and in addition to other rights the City may have at law or equity or under the Franchise, which it may exercise at any time, save and except that collection of liquidated damages shall be in lieu of any claim for actual damages. In no event shall the amount of any bond or letter of credit be construed to limit Grantee's liability for damages. Section 7.5-16 - Liquidated Damages Each Franchise Ordinance shall contain a liquidated damages provision in connection with the construction, rebuild or reconstruction of the cable television system. Liquidated damages due City shall be a proper charge against the letter of credit, or other security specified in the Franchise Ordinance, to the extent Grantee does not pay such damages when due following due notice and opportunity to cure as provided under this Chapter, Section 7.5-17 - Indemnification (1) The Grantee shall indemnify, defend and hold harmless City from all damages, penalties, attorneys' fees, consultant's and expert's fees and costs arising directly or indirectly as a result of the Grantee's exercise of the Franchise or operation of the cable television system, regardless whether any act or omission complained of is authorized, allowed, or prohibited by the Franchise, to the extent such damages, penalties, fees or costs arise out of or are caused by the act or omission of the Grantee, its officers, employees or agents. Upon demand of City, made by and through the City Attorney, the Grantee shall appear in and defend City, its officers, employees and agents in any legal action, whether judicial, administrative or otherwise, with respect to which City is entitled to indemnification hereunder, (2) The City shall indemnify, defend and hold the Grantee, its affiliates and their respective officers, directors, employees and shareholders harmless from and against any and all liabilities, losses, damages, claims, actions, causes of action, costs and expenses (including reasonable attorneys' fees) arising from or in any manner related to the use of the -19- 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 Grantee's cable television system by the City, including the use of access channels provided to the City for purposes of public, educational or governmental programming or the programming carried on such channels, or any public, educational or governmental programming provided by the City for carriage on any other channel or channels of the Grantee's cable system, including without limitation with respect to the solicitation, production, content, selection, scheduling, funding or presentation of such programming and of commercial advertising or promotional material for use in connection with such programming, as well as such liability as may arise from claims of libel, slander, defamation, invasion of privacy, infringement of copyright, musical performing rights or any other right of any person. This indemnity shall not apply with respect to any programming carried on the access channels provided by the Grantee for its own purposes. Section 7.5-18 - Insurance (1) Within forty-five (45) days after the effective date of the Franchise Ordinance, Grantee shall furnish proof that the Grantee is insured under a broad form policy of liability insurance issued by a company authorized to do business in California. Such proof may be by one or more certificates of insurance evidencing compliance with the provisions of this Chapter and the Franchise Ordinance. The insurance policy shall include, but not be limited to, coverage for premises operations, explosion and collapse hazard, underground hazards, contractual insurance, broad form property damage, independent contractors and personal injury, and automobile liability. The Grantee shall also maintain a policy of broadcaster's liability coverage. The insurance shall be maintained at the sum specified in the Franchise Ordinance. (2) The City and its officers and employees shall be named as additional insureds on said policy at no cost to the City. Grantee shall also provide workers' compensation coverage consistent with California statutory requirements. The City shall receive thirty (30) days advance written notice of any proposed reduction in coverage of the insurance policies on which it is carried as a named insured, as well as on coverage required to be maintained by this section. Such advance notice shall also be required as to any proposed or actual cancellation of -20- 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 any such policies of insurance. Insurance endorsements of such coverage shall be filed with the City. Section 7.5-19 - Design and Construction (1) System Design and Construction Schedule: The cable television system shall be constructed in accordance with the design requirements and construction schedules contained in the Franchise Ordinance. At a minimum, Grantee shall build or upgrade its system so that it is capable of providing at least sixty (60) channels using equipment of high quality and reliability. Grantee shall integrate a fiber optic design into its system. (2) Geographical Coverage: The Grantee shall design and construct the cable television system so as to pass by every residential dwelling unit existing as of the grant of the Franchise area. Cable television system construction and provision of service shall be non- discriminatory, and the Grantee shall not deny service to any section of the franchise area on the grounds of economic preference. Section 7.5-20 - Minimum Service Requirements Any cable television system shall provide, at a minimum: (1) The operational capability of relaying to subscriber terminals the number of channels of video programming set out in its Franchise Ordinance; (2) In addition to such other service requirements as may be contained in the Franchise, Grantee shall provide the following broad categories of service: (a) Los Angeles Metropolitan broadcast programming; (b) Los Angeles Metropolitan educational broadcast programming; (c) Non -broadcast arts/cultural programming; (d) Non -broadcast educational, sports and informational programming; (e) Children's programming; and (0 Public affairs programming services of interest to the citizens of -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 Hermosa Beach. Nothing in this subparagraph shall be read to require Grantee to carry every Los Angeles Metropolitan commercial or educational broadcast station. (3) Grantee shall conduct subscriber surveys on a regular basis, no less than once every year, to determine the programming needs and interests of its subscribers. The results of these surveys shall be provided to the City as a Public Record. (4) Such PEG facilities, equipment and services as specified in the Franchise Ordinance. Section 7.5-21 - Provision of Service After cable service has been established by activating trunk and/or distribution cables for any area, the Grantee shall provide cable service to any requesting subscriber within that area within thirty (30) days from the date of request, provided that: (1) Such subscriber is located within one hundred fifty (150) feet of such trunk and/or distribution cable, (2) The Grantee is able to secure all rights-of-way necessary to extend service to such subscriber within such thirty -day (30 -day) period on reasonable terms and conditions, (3) The Grantee is not required to construct its service drop in an indirect or circuitous manner, and (4) The Grantee complies with the line extension policies of this Chapter and the Franchise Ordinance. Section 7.5-22 - Leased Channel Service Grantee shall offer leased channel service to unaffiliated third parties in accordance with the provisions of the Cable Communication Policy Act of 1984. -22- 2 • 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 U • 24 25 26 27 28 Section 7.5-23 - PEG Access Channels The Grantee shall provide channel capacity for PEG Access programming and for local origination programming, as specified in the Franchise Ordinance. The Grantee shall not exercise any editorial control over educational and governmental channels provided pursuant to this Chapter, Section 7.5-24 - Notice of Programming Changes The Grantee shall provide at least thirty (30) days advance written notice to the City and subscribers prior to dropping, retiering or adding any channel to the cable television system, except where Grantee receives insufficient prior notice from the programmer that a channel is being terminated. Section 7.5-25 - Under rounding (1) The cable television system shall be placed underground in those portions of the franchise area where both telephone and power lines are underground. In addition, whenever the poles on which the cable system is constructed are being eliminated, the Grantee shall concurrently replace its aerial facilities with underground facilities unless alternative aerial facilities are available. At no time shall the cable television system be the only aerial facility. Where undergrounding is required, the Grantee shall have the option of sharing or not sharing utility trenches. At no time shall Grantee place cable underground without appropriate conduit. (2) Where the Grantee's cable television system is installed underground, line extenders, amplifiers, taps, power supplies, traps and related electronic equipment and components may be placed in appropriate housings above the surface of the ground where consistent with accepted construction practices for the type of cable system constructed by the Grantee. The Franchise Ordinance shall provide a procedure for undergrounding taps and pedestals at the subscribers' expense and relocating the taps and pedestals within the technical constraints of the cable system. (3) Where the overhead facilities of the utility providing electrical service are -23- 2 • 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 • 24 25 26 27 28 placed underground pursuant to the provisions of Rule 20A of the California Public Utilities Commission, or any successor to such Rule, the Grantee shall concurrently relocate underground its aerial plant installed with such overhead facilities at Grantee's cost, provided that if any portion of the relocation of such overhead facilities is paid for from funds other than those specifically allocated by the electrical utility to the relocation pursuant to said Rule 20A, the entire expense of such portion of said relocation of the Grantee's aerial plant shall be borne by the City. (4) Where the overhead facilities of the utility providing electrical service are placed underground pursuant to the provisions of Rule 20B or Rule 20C of the California Public Utilities Commission or any successor to such Rules, the Grantee shall concurrently relocate underground its aerial plant installed with such overhead facilities, provided that the City shall bear the cost and expense of (i) all necessary trenching, backfilling and repaving required in connection with the underground installation of the Grantee's aerial plant, (ii) the installation of all conduit, vaults and/or pedestals required in connection with the underground installation of such plant and (iii) all structures and substructures required in connection therewith. (5) In all circumstances other than those set forth in clauses (3) and (4) above, the City shall reimburse or cause affected property owners to reimburse the Grantee for the cost of relocating its aerial plant underground together with the overhead facilities of the utilities providing electric and/or telephone service. (6) The following procedure shall apply with respect to access to and utilization of underground easements in new residential development: (a) The developer shall be responsible for contacting and surveying all franchised cable operators to ascertain which operators desire to provide cable television service to that development. The developer may establish a reasonable deadline to receive cable -24- 1 2 • 3 4 5 6 7 8 9 10 11 12 13 . 14 15 16 17 18 19 20 21 22 23 • 0 24 25 26 27 28 operator responses. The final tract map shall indicate the cable operators that have agreed to serve the development. (b) If one (1) or two (2) cable operators wish to provide service, they shall be accommodated in the joint utilities trench on a nondiscriminatory shared basis. (c) The developer shall provide at least ten (10) working days notice of the date that utility trenches will be open to the cable operators that have agreed to serve the development. (d) Sharing the joint utilities trench shall be subject to compliance with Public Utilities Commission and utility standards. If such compliance is not possible, or if three (3) or more cable operators desire to provide service to the development, the developer shall provide a separate trench for the cable television cables, with the entire cost shared among the participating operators. With the concurrence of the developer, the affected utilities and the cable operators, alternative installation procedures, such as the use of deeper trenches, may be utilized, subject to applicable law. (e) Any cable operator wishing to serve an area where the trenches have been closed shall be responsible for its own trenching and associated costs, provided that if the cable operator was not provided timely written notice of the availability of such trenches, the developer shall reimburse the operator for such costs. Section 7.5-26 - Use of Poles A Grantee shall be authorized to utilize existing poles, conduits and other facilities of a public utility, but shall not be authorized to construct or install any new, different or additional poles in the streets without City approval. -25- 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 • 24 25 26 27 28 N Section 7.5-27 - Construction Standards The Grantee shall: (1) Install and maintain its wires, cables, fixtures and other equipment in accordance with applicable pole attachment standards, electrical codes and industry standards of the cable television industry generally applicable to the type of cable system which the Grantee has constructed. (2) Adhere to all building and zoning codes currently or hereafter in force. (3) Locate and maintain its line, cables and other appurtenances on public property, in such a manner as to cause no unreasonable interference with the use of said public property by any person. (4) Follow a system design and construction plan consistent with its obligations under the Franchise Ordinance. (5) Use equipment of good and durable quality. (6) Upon request of City, provide a monthly construction report to the City in a form reasonably required by the City. (7) Maintain a public file showing its plan and timetable for construction of the cable system. Grantee shall notify residents in any construction area at least one (1) business day in advance before first entering onto property to perform any work in conjunction with system construction, and shall additionally notify affected residents in advance of any work which will involve excavation, replacement of poles or tree trimming. (8) Make available, within sixty (60) days of completion of the upgrade, as - built system design maps for the City's review at the local office of the Grantee. (9) Provide maps showing the actual location of additions or extensions to its lines within thirty (30) days of completion of system construction in any geographic area. Section 7.5-28 - Required Approvals The City Engineer shall approve the location and method of construction of all -26- • 1 underground facilities and equipment (including any above -grade portion of such facilities and 2 equipment), provided such approval is not unreasonably withheld or delayed, and shall be • 3 consistent with the provisions of Section 7.5-25 of this Chapter, as well as with the design or a technical specifications of the system. The City Engineer shall also approve the location and 5 installation of all new aerial facilities consistent with Public Utilities Commission, General Order 6 95. Such facilities and equipment shall be located so as not to endanger persons or property. 7 The construction shall be subject to City permit and inspection fees as may be required by other 8 applicable laws or regulations heretofore or hereafter adopted, including but not limited to, 9 those pertaining to works and activities in, on, under or over streets. 10 11 Section 7.5-29 - Relocation of Facilities and Equipment 12 For purposes of this Section, the word "Project" shall mean any lawful change of 13 grade, alignment or width of any public street, way, alley or place, including but not limited to, • 14 the construction of any subway or viaduct that the City may initiate, either through itself or any 15 redevelopment agency, community facility district, assessment district, area of benefit, 16 reimbursement agreement or generally applicable impact fee program. This Section shall not 17 apply to any assessment district for the undergrounding of aerial facilities on residential collector 18 streets. 19 (1) Grantee shall remove or relocate any facilities installed, used and 20 maintained under the Franchise if and when made necessary by any Project. 21 (2) When such removal or relocation is required, Grantee shall begin physical 22 field work on the removal or relocation within one -hundred twenty (120) days after written 23 notice from the City Manager or his designee. If, despite its reasonable efforts, Grantee is 24 unable to begin removal or relocation within the above one -hundred twenty (120) day period, 25 Grantee shall give written notice to the City Manager of the reason or reasons for the delay and 26 the date removal or relocation is expected to begin. Grantee shall proceed promptly to complete 27 such required work. • 28 /// -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 Section 7.5-30 - Maintenance Should the Grantee fail, refuse or neglect to properly perform any maintenance or construction work required by the Franchise following due notice from the City and a reasonable opportunity to remedy such failure, refusal or neglect as provided in this Chapter, or should the Grantee fail to commence to perform such work within the period of time allowed therefore, and diligently progress and complete such work thereafter, the City Manager may, upon thirty (30) days prior written notice to the Grantee (except in cases of emergency), cause such work or other act to be completed in whole or in part by City forces or others, and upon so doing shall submit to the Grantee an itemized statement of the costs thereof. The Grantee shall, within thirty (30) days after receipt of such statement, pay to the City the entire amount thereof, without off -set or deduction. After thirty (30) days following Grantee's failure to pay the City said costs, the City may assess the letter of credit provided for in this Chapter, in accordance with the provisions of this Chapter. Section 7.5-31 - Technical Standards Grantee shall comply at all times with FCC technical standards. Furthermore, if and when the City may, consistent with federal law, enforce technical standards more stringent than those promulgated by the FCC, then the City Council shall hold a noticed public hearing, to determine if more stringent standards are technically and commercially reasonable. On the basis of evidence presented at the public hearing the City Council may establish new technical standards which exceed the FCC's technical standards. Section 7.5-32 - Performance Testing Grantee shall perform all tests necessary to determine compliance with the FCC technical standards, and those that may be established under this Chapter (if applicable). Grantee shall provide City a copy of the test results within thirty (30) days of the completion of the test. Grantee shall permit City to witness the testing. At any time after commencement of service to subscribers, upon providing Grantee notice and an opportunity to cure, the City may _28_ 1 2 • 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 • 24 25 26 27 28 order that the Grantee perform additional proof of performance tests to those required under the FCC technical standards on the basis of substantial numbers of complaints received or other evidence indicating significant noncompliance with the applicable technical standards. Such additional tests shall be limited to the particular matter in controversy. The costs of any such tests, and any necessary retests, shall be borne by Grantee. Grantee shall permit reasonable access to the cable system to permit City or its consultants to test the system. The City shall bear the cost of such third -party testing, unless it is determined Grantee is in material noncompliance with the technical standards. Section 7.5-33 - Interconnection (1) The Franchise Ordinance shall establish the obligation of the Grantee to interconnect PEG channels of its cable television system serving the City with adjacent systems owned by the same Grantee. The Franchise Ordinance shall address the timing, method, technical standards and allocation of costs for the interconnection. (2) Consistent with the Franchise Ordinance, upon receiving City directive, each Grantee shall immediately initiate negotiations with the owners of adjacent systems regarding interconnecting PEG channels. The Grantee shall report to the City the results of such negotiations no later than sixty (60) days after initiation, unless the City grants an extension of time to complete negotiations. Interconnection shall not be required if the City finds that the Grantee has negotiated in good faith and has failed to obtain agreement with the system or systems of the proposed interconnection with respect to timing, method, technical standards and allocation of costs for the interconnection, or that the cost of the interconnection would cause an unreasonable or unacceptable increase in subscriber rates. Section 7.5-34 - Grantee Property All property, plant, equipment and facilities contracted, installed, operated and maintained by a Grantee pursuant to this Chapter or the Franchise shall be and remain the property solely of the Grantee and shall not become or be deemed a fixture or part of any public -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 street or right-of-way or any other real property within the City except upon abandonment by Grantee in accordance with Section 7.5-12. Section 7.5-35 - Right of Privacy of Subscribers The Grantee shall strictly observe and comply with all Federal, State and Local Laws and regulations regarding the rights of privacy and of property of subscribers. The Grantee shall not market mailing lists with names and/or addresses of subscribers unless Grantee has provided subscribers with a form which permits subscribers to check a box and mail in the form to delete his or her name from the mailing list. Section 7.5-36 - Identification Required Each Grantee shall provide its employees, contractors and subcontractors with identification for all individuals who may make personal contact with residents of the City. The Grantee shall provide a list of current employees, contractors and subcontractors to the City upon request. Section 7.5-37 - Verification of Standards (1) Upon reasonable notice, the Grantee shall demonstrate compliance with any or all of the Consumer Protection Standards required in this Chapter. The Grantee shall provide sufficient detail to permit the City to verify the extent of compliance. (2) A repeated, documented and verifiable pattern of actual noncompliance with the Consumer Protection Standards of this Chapter, after the City has given the Grantee due notice and a reasonable opportunity to cure in accordance with the provisions of this Chapter, may be termed a breach of the Franchise, subject to any and all remedies as prescribed herein and under applicable law. Section 7.5-38 - Rates (a) Rate Regulation: ation: -30- • 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) The City may amend this Chapter to adopt procedures to regulate Grantee's rates and charges to the maximum extent permitted consistent with federal law and regulations. (2) Grantee shall file a schedule of its rates and charges with the City on the effective date of the Franchise Ordinance. (b) Billing Procedures: The Grantee shall provide billing statements to its subscribers in the manner set out in the Franchise Ordinance. At a minimum, such billing statements shall identify the aggregate charges for all services delivered to the subscriber, the individual services the subscriber receives, the date such charges must be paid prior to assessment of any late charge or related fee, credit for payment received against current or prior service charges and an accurate description of any taxes, fees or assessments separately charged to the subscriber. (c) Notice of Rate Increases: The Grantee shall provide written notice to the City at least sixty (60) days, and subscribers at least thirty (30) days in advance of the implementation of changes in any of its rates and charges which are not subject to the regulation by the City. (d) Rate Approval: Grantee shall be required to submit any change in rates or charges to the City for approval prior to implementing that change, to the extent Grantee may be required to do so consistent with federal laws and regulations. Nothing in this section shall be deemed to waive any rights Grantee may have under 47 U.S.C. §543(e)(1). Nothing in the Franchise shall be interpreted to prohibit the Grantee from charging promotional, bulk and "life- line" or senior citizen rates. Section 7.5-39 - Service Provisions (a) PEG Programming: Grantee shall provide support for PEG programming pursuant to the provisions of the Franchise Ordinance. (b) System Extension: (1) As to the residential units built after the date of the grant of the -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 28 Franchise, the Grantee shall extend energized trunk or distribution cable from any existing terminus of the cable system to any area immediately adjacent thereto located within the Grantee's franchise area having a density of at least thirty-five (35) residential dwelling units per mile as measured from that terminus, provided that (1) each such dwelling unit is or is anticipated to be located within a distance of no more than a standard one hundred fifty (150) foot drop as measured from the anticipated location of such trunk or distribution cable, and (2) the Grantee is able to secure all necessary easements or rights-of-way for purposes of locating its cable system in the area of such extension, including the location of all trunk, distribution and drop cables, on reasonable terms and conditions. (2) The Grantee shall extend cable television services to any isolated residences not within the terms of subparagraph (1) or commercial premises at a premium installation rate upon request by the resident or owner. The premium installation rate charged shall be the actual cost for the extension, including the costs, if any, of improving the trunk or distribution facilities to permit such extension. Grantee may request advance payment for such installation. (c) Tenant Rights: It is the City's intent that tenants not be discriminated against in the ability to subscribe to cable services. Grantee shall be required to provide service to tenants in individual units of a multiple housing facility with all services offered to other dwelling units within the franchise area, so long as the owner of the facility consents in writing, if requested by Grantee, to the following: (1) To Grantee serving the units of the facility on such terms and conditions as are reasonably acceptable to Grantee, provided that 19M • 1 the owner of the facility does not seek to charge Grantee any fee 2 or consideration for access to the facility or for the right of • 3 providing cable television service to the dwelling units within the 4 facility; 5 (2) To reasonable conditions and time for installation, maintenance, 6 and inspection of the system on the facility premises; 7 (3) To reasonable conditions promulgated by Grantee to protect s Grantee's equipment and to encourage widespread use of the 9 system; 10 (4) To not discriminate in rental charges, or otherwise, between 11 tenants who receive cable service and those who do not; and 12 (5) To provide all easements, rights-of-way and other rights of access 13 deemed reasonably necessary or appropriate by Grantee for • 14 purposes of providing cable television service to the facility. 15 (d) Continuity of Service Mandatory: 16 (1) It shall be the right of all subscribers to continue receiving service 17 insofar as their financial and other obligations to the Grantee are 18 honored. In the event that the Grantee elects to overbuild, 19 rebuild, modify or sell the system, the Grantee shall maintain 20 continuity of service to all subscribers. 21 In the event of a change of Grantee, or in the event a new 22 operator acquires the system, the original Grantee shall cooperate 23 with City, new Grantee or operator in maintaining continuity of • 24 service to all subscribers. 25 (2) In the event Grantee willfully fails to operate the system for five 26 (5) consecutive days without prior approval of City or without 27 just cause, City may, at its option, operate the system or designate 28 an operator until such time as Grantee restores service under -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 conditions acceptable to City or a permanent operator is selected. If City is required to fulfill this obligation for the Grantee, then during such period as City fulfills such obligation, City shall be entitled to collect all revenues from the system, and the Grantee shall reimburse City for all reasonable costs or damages in excess of the revenues collected by City that are the result of the Grantee's failure to perform. (e) Theft of Service and Tampering: No person, whether or not a subscriber to a cable system, shall knowingly or intentionally damage or cause to be damaged any wire, cable, conduit, equipment, apparatus or appurtenance of the Grantee, or commit any act with intent to cause damage or tap, tamper with or otherwise connect any wire or device to a wire, cable, conduit, apparatus or appurtenance of the Grantee with the intent to obtain a signal or impulse from the cable system without authorization from the Grantee, or to obtain cable or other communications services with intent to cheat or defraud the Grantee of any lawful charge to which it is entitled. Section 7.5-40 - Operation and Maintenance (a) Maintenance of and Inspection of Records: The City shall have the right, upon two (2) business days advance notice, to inspect all books, records, maps, plans, gross revenues, service complaint logs, performance test results and other like materials of the Grantee which reasonably relate to Grantee's compliance with the provisions of the Franchise. If the records are not located within Los Angeles County, Grantee shall pay all of City's reasonable expenses in order to review the records. (b) Complaint Records: (1) An accurate and comprehensive file shall be kept by the Grantee of any and all written complaints, inquiries or requests for service or repairs regarding the cable system. A procedure shall be established by the Grantee by the time of installation of the cable Ss 2 • 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 • 24 25 26 • 27 28 system to remedy complaints quickly and reasonably to the satisfaction of the City. These files and records shall remain open to the public during normal business hours, so that individuals are able to inspect their own files only. (2) Records of Grantee's actions in response to all complaints or inquiries which result in a service call shall be entered into a data base, or "log," listing the date of consumer complaints and requests for service or repairs. The log shall further identify the subscriber and describe the nature of the complaint or request, and when and what action was taken by the Grantee in response thereto. A separate log shall identify system outages. All such records shall be maintained for a period of one (1) year, and shall be available for inspection in accordance with Section 7.540(a). Further, upon written City request, summaries of such records shall be available monthly and delivered quarterly to the City Manager or his designated representative. Section 7.541 - Property Damage Any physical damage caused by employees, contractors or subcontractors of the Grantee to private or public property shall be repaired or replaced. Section 7.5-42 - Condemnation The City, in compliance with Federal Cable Communications Policy Act of 1984 and California Law governing eminent domain and upon payment of fair market value, may condemn the franchise, property and plant of Grantee. Section 7.543 - Reports (a) Annual Reports: -35- • 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) The City may require, pursuant to resolution adopted at least sixty (60) days before the close of Grantee's fiscal year, that within sixty (60) days after the close of Grantee's fiscal year, the Grantee shall submit a written annual report, in a form approved by the City, including but not limited to, the following information: (a) a summary of the previous year's (or, in the case of the initial report year, the initial year's) activities in development of the cable system, including but not limited to, services begun or discontinued during the reporting year and the number of subscribers for each class of service; (b) a revenue statement, audited by an independent Certified Public Accountant or certified by an officer of the Grantee; (c) a statement of projected construction, if any, for the next two (2) -36- years; (d) a list of Grantee's officers, members of its board of directors, and other principals of Grantee; and (e) a list of stockholders or other equity investors holding five percent (5%) or more of the voting interest in the Grantee and its parents, if any, unless the parents are a public corporation whose annual reports are publicly available. (2) In addition, at City's request, Grantee shall submit to City an annual plant survey report which shall include but not be limited to: (a) "as -built" maps of the portions of the franchise area that have been cabled and have all services available; (b) a summary of the system indicating miles and homes passed; and (c) annual proof of performance tests, in sufficient detail to enable the City to ascertain that the technical standards of the Franchise are achieved and maintained. -36- • 1 2 • 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 is 24 25 26 27 28 (3) If City has reason to believe that portions or all of the system do not materially comply with the technical standards incorporated into the Franchise Ordinance, at the City's request, but no more often than once per three (3) years, the Grantee and the City shall agree upon the appointment of a qualified independent engineer to evaluate and verify the technical performance of the cable television system. The cost of such evaluation shall be borne by the Grantee if the evaluation indicates a material breach of the Franchise, which shall be determined to exist if more than twenty-five percent (25%) of all test points measured materially fail to comply with the applicable technical requirements of the Franchise Ordinance. (b) Copies of Reports: (1) Copies of all reports materially adversely affecting the Franchise submitted by the Grantee to the FCC or any other Federal or State agency shall be submitted to City simultaneously with filing such reports with said agencies. Grantee's routine public correspondence to said agencies need not be automatically submitted to City, but shall be made available to City upon written request. (2) Grantee shall submit to the City such other information or reports in such forms at such times as the City may reasonably request or require, provided such information or reports are reasonably related to the Grantee's compliance with its obligations under the Franchise. (3) All reports and records required under this or any other section shall be furnished at the sole expense of the Grantee. (c) Failure to Report: The refusal, failure or neglect of the Grantee to file any of the reports required under this Chapter, where such refusal, failure or neglect is not remedied following due notice and an opportunity to cure as provided in this Chapter, or -37- 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 inclusion of any materially false or misleading statement or representation made knowingly by the Grantee in such report, shall be deemed a material breach of the Franchise, and shall subject the Grantee to all remedies, legal or equitable, which are available to the City under the Franchise or otherwise. (d) Public Reports: A copy of each of Grantee's annual and other periodic public financial reports and those of its parent, subsidiary and affiliated corporations and other entities, as the City requests, shall be submitted to the City within thirty (30) days after receipt of a request. Section 7.5-44 - Inspection of Facilities The Grantee shall allow the City to make inspections of any of the Grantee's facilities and equipment relevant to the Franchise at any time upon reasonable notice, or, in a case of emergency, upon demand without prior notice. Section 7.5-45 - Subscriber Satisfaction Surveys Grantee shall conduct, at least annually, a subscriber satisfaction survey. The City may add to this survey reasonable cable -related questions. The Grantee shall provide the City with copies of the survey results. Section 7.5-46 - Periodic Review of System - Services and Performance (1) At City's sole option, within ninety (90) days of the fifth anniversary of the effective date of each franchise, and every five (5) years thereafter throughout the term of the franchise, City may hold a public hearing at which the Grantee shall be present and shall participate, to review the performance and quality of service of the cable communications system, to address technological, economic and regulatory changes in the state of the art of cable communications, to facilitate renewal procedures, and to promote flexibility in the cable system. In addition to the above, at City's sole option, within ninety (90) days of the third -38- • 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 anniversary of the effective date of each franchise, and every five (5) years thereafter throughout the term of the franchise, City may hold a public hearing at which the Grantee shall be present and shall participate, to review the availability of and quality of Public, Educational and Government Access for the cable communications system and economic and regulatory changes in the state of the art of PEG Access for cable communications, and to promote flexibility of PEG Access within the cable system. (2) Sixty (60) days after receiving notice from the City, Grantee shall submit a report to City indicating the following: (a) Information reasonably available to Grantee identifying cable system services reported in cable industry trade journals that are being commonly provided on an operational basis, excluding tests and demonstrations, to communities in the United States with comparable populations, that are not provided to City. (b) Any specific plans for provision of such new services by the Grantee. (3) Topics for discussion and review at the hearing on system, capabilities, services and performance may include but shall not be limited to services provided, economic and technical feasibility of providing new services, application of new technologies, system performance, programming, subscriber complaints, user complaints, rights of privacy, amendments to the franchise, undergrounding processes, developments in the law, and regulatory constraints. The reports required herein regarding subscriber complaints, the records of performance tests and the opinion survey report shall be utilized as the basis for review. In addition, any subscriber may submit oral or written testimony at the hearing, which shall be considered. (4) City or the Grantee may select additional topics for discussion at any review hearing. (5) Not later than sixty (60) days after the conclusion of the hearing on system capabilities, services and performance, City shall issue a report addressing the following: (i) system performance and quality of service; and (ii) a listing of any cable services not then -39- 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 • 24 25 26 • 27 28 being provided to City that are considered technically and commercially feasible and for which there is a demonstrated need among the Grantee's subscribers in relation to the cost thereof. (6) If any noncompliance with the Franchise is found during the review, City may direct Grantee to correct the noncompliance within a reasonable period of time in accordance with the provisions of this Chapter, Failure of Grantee, after due notice and opportunity to cure as set forth in this Chapter, to correct the noncompliance shall be considered a breach of the Franchise, and City may, at its sole discretion, exercise any remedy within the scope of this Chapter considered appropriate. (7) City may request, but not require, Grantee to provide such new cable services that are identified during the review within a reasonable time. Section 7.5-47 - Compliance with State and Federal Laws Subject to Grantee's rights under its Franchise Ordinance, the Grantee shall at all times comply with all applicable laws and regulations of the State and Federal government or any administrative agencies thereof. However, if any such State or Federal law or regulation shall require the Grantee to perform any service, or shall permit the Grantee to delete any service, or shall prohibit the Grantee from performing any service, in conflict with the terms of the Franchise or any law or regulation of the City, then as soon as possible following knowledge thereof, the Grantee shall notify the City of the point of conflict believed to exist. Section 7.5-48 - Notices Grantee shall maintain within Los Angeles County throughout the term of the Franchise an address for service of notices by mail." SECTION 2. 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. -40- 2 • 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 • 24 25 26 27 28 SECTION 3. 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 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 27th day of September, 1994, by the following vote: AYES: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES: None ABSENT- None ABSTAIN: None President of the City ATTEST- NOW APPROVED AS TO FORM: ��A /-,-- /. A� City Attorney 41 - the City of Hermosa Beach, California STATE OF CALIFORNIA • COUNTY OF LOS ANGELES CITY OF HERMOSA BEACH I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do hereby certify that the foregoing Ordinance No. 94-1116 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 September, 1994, and was published in the Easy Reader on October 6, 1994. is AYES: NOES: • The vote was as follows: ABSENT - ABSTAIN DATED: Bowler, Edgerton, Oakes Reviczky, Mayor Benz None None None October 6, 1994 • • SUMMARY OF ORDINANCE NO. 94-1116 Prepared by City Attorney Charles S. Vose, September 19, 1994 AN ORDINANCE OF THE CITY OF HERMOSA BEACH AMENDING CHAPTER 7.5 OF THE HERMOSA BEACH MUNICIPAL CODE RELATIVE TO THE GRANTING OF CABLE TELEVISION FRANCHISES. THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES ORDAIN AS FOLLOWS: Chapter 7.5 of the Hermosa Beach Municipal Code is hereby amended and entitled the "Hermosa Beach Cable Television Ordinance." Section 7.5-2 - Definitions Defines 37 terms, phrases, and words including 'Basic Cable Service", "Cable Television System", "Cablecast Signal", "Cable Service", "Cable Channel", "Federal Communications Commission or FCC", "Franchise Fee", "Grantee", "Installation", "Pay -Per - View", "Public, Educational or Government Access", "Public Rights of Ways", "Subscriber", and "Video Programming" Section 7.5-3 - Grant of Franchise The City may grant a Franchise pursuant to this Chapter and the Franchise Ordinance. Section 7.5-4 - Franchise Applications Applications shall be presented to the City Council at a notice Public Hearing for approval. Section 7.5-5 - Multiple Franchises The City may grant additional franchises as it deems appropriate. Section 7.5-6 - Franchise Renewal The City may establish Franchise renewal procedures by Resolution subject to applicable federal and state law. costs. Section 7.5-7 - Franchise Processing Costs An application fee shall be set to cover all reasonable and necessary processing Section 7.5-8 - Franchise Fee The Grantee shall pay the City 5% of the gross revenues it derives. The City may audit records and assess late fees. Section 7.5-9 - Revocation of Franchise; Assessment of Damages and Penalties The City may terminate any franchise in the event of a material breach and defines what a material breach may include. Section 7.5-10 - Procedure for Adjudication of Breaches of the Franchise Establishes the procedure and noticing requirements for a franchise breach and the hearing before the City Council. Section 7.5-11 - Grantee's Inability to Perform Conditions making it impossible for Grantee to perform include strikes, riots, • natural disasters and others. Section 7.5-12 - Removal & Abandonment; Purchase of System Establishes the procedure for removal of the system and selling the system to a prospective new Grantee. • Section 7.5-13 - Receivership and Foreclosure Provides the procedures the City may follow subject to the Bankruptcy Code. Section 7.5-14 - General Financial and Insurance Provisions These include constructions bonds, performance bonds and letters of credit as required. Section 7.5-15 - Alternative Remedies Provides that the amount of any bond or letter of credit shall not limit Grantee's liability for damages. Section 7.5-16 - Liquidated Damages Provides that it be included in connection with the construction or reconstruction of the cable television system. Section 7.5-17 - Indemnification Provides for Indemnification both by the Grantee and the City under certain conditions. Section 7.5-18 - Insurance Provides for type of policy, what is shall include and that the amount shall be specified in the Franchise Ordinance. Section 7.5-19 - Design and Construction Provides for the type of design and construction of the system with a minimum of 60 channels and a fiber optic design. Section 7.5-20 - Minimum Service Requirements Provides for the number of channels, broad categories of service and annual • subscriber surveys. Section 7.5-21 - Provision of Service Provides that service shall be established at the request of a subscriber within 30 days. Section 7.5-22 - Leased Channel Service Provides that leased channel service shall be offered to 3rd parties pursuant to the Cable Communication Act of 1984. Section 7.5-23 - PEG Access Channels Provides that Public, Educational and Government Access capacity be specified. Grantee may not edit this programming. Section 7.5-24 - Notice of Programming Changes Provides that 30 days notice, under most circumstances, be provided prior to dropping or adding any channel. Section 7.5-25 - Undergrounding Provides that the system shall be underground in areas that the telephone and power lines are underground. Section 7.5-26 - Use of Poles Provides that Grantee may use existing poles, conduits or other utility facility, but not install additional ones. Section 7.5-27 - Construction Standards Sets forth the guidelines for installing and maintaining cable television • equipment. Section 7.5-28 - Required Approvals Provides that the City approves the location of equipment and that permit and inspection fees may be required. • Section 7.5-29 - Relocation of Facilities and Equipment Provides that Grantee shall relocate any facilities or equipment if necessary due to a city project. Section 7.5-30 - Maintenance Provides required maintenance and construction work. If not performed, the City may perform and bill Grantee. Section 7.5-31 - Technical Standards Provides that the City may impose more stringent technical standards than those of the FCC. Section 7.5-32 - Performance Testing Provides the procedure for testing to determine compliance with the technical standards. Section 7.5-33 - Interconnection Provides that the Grantee shall attempt to interconnect the public access channels with other systems. Section 7.5-34 - Grantee Property Provides that all equipment and facilities installed shall remain the property of Grantee unless abandoned. Section 7.5-35 - Right of Privacy of Subscribers Provides that the right of privacy of subscribers shall be maintained unless waived. Section 7.5-36 - Identification Required • All employees of Grantee shall be required to wear identification who may have contact with residents of the City. Section 7.5-37 - Verification of Standards Provides that the Grantee shall demonstrate compliance with the Consumer Protection Standards. Section 7.5-38 - Rates Provides billing procedures, notice of rate increases and rate approvals. Section 7.5-39 - Service Provisions Provides public programming, tenant's rights, mandatory continuous service and addresses theft of service and tampering. Section 7.5-40 - Operation and Maintenance Provides the maintenance and inspection of records, including complaint records. Section 7.5-41 - Property Damage Provides that damage to private or public property caused by employees of Grantee be repaired or replaced. Section 7.5-42 - Condemnation Provides that the City may condemn the franchise, property and plant of Grantee pursuant to State and Federal Law. Section 7.5-43 - Reports Provides for annual reports, what they should address and their distribution. • Section 7.5-44 - Inspection of Facilities Provides that the City may inspect Grantee's facilities and equipment upon reasonable notice. Section 7.5-45 - Subscriber Satisfaction Surveys • Provides an annual subscriber satisfaction survey to be conducted by Grantee and provided to the City. Section 7.5-46 - Periodic Review of System - Services and Performance Provides that the City may, at certain intervals, hold public hearings to review the performance and quality of the system including public access. Section 7.5-47 - Compliance with State and Federal Laws. Provides that the Grantee shall comply with all laws and regulations of the State and Federal government. Section 7.5-48 - Notices Provides that Grantee shall maintain an address in Los Angeles County for service of notices by mail. SECTION 2. Provides that the City Clerk certify to the passage and adoption of this Ordinance. SECTION 3. Provides for a summary of the Ordinance to be prepared and published. PASSED, APPROVED AND ADOPTED this 27th day of September, 1994. by the following vote: AYES: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES: None ABSENT- None ABSTAIN: None 0 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 City Attorney 0 U • • • L' ■ o r CRY OF E OSA BEACH SUMMARY OF ORDINANCE NO. 94-1116 Prepared by City Attorney Charles S. Vose, September 19, 1994 AN ORDINANCE OF THE CITY OF HERMOSA BEACH AMENDING CHAPTER 7.5 OF THE HERMOSA BEACH MUNICIPAL CODE RELATIVE TO THE GRANTING OF CABLE TELEVISION FRANCHISES. THE CITY COUNCILOFTHE CITY OF HERMOSA BEACH DOES OR- DAIN AS FOLLOWS: 1. Chapter 7.5 of the'Hermosa Beach Municipal Code is hereby amended and entitled the "Hermosa Beach Cable Television Ordinance." Section 7.5-2 - Definitions Defines'37 terms, phrases, and words including "Basic Cable Ser- vice","CableTelevision System","Ca- blecast Signal", "Cable Service", "Ca- ble Channer, "Federal Communica- tions Commission or FCC", "Fran- chise Fee", "Grantee", "Installation", "Pay -Per -View", "Public, Education- al or Government Access", "Public Rights of Ways", "Subscriber", and "Video Programming". Section 7.5-3 Grant of Fran- chise The City may grant a Franchise pursuantto this Chapter and the Fran- chise Ordinance. Section 7.54 - Franchise Appli- cations Applications shall be presented to the City Council at a notice. Public Hearing for approval. I. Section 7.5-5 Multiple Fran- chises The City may grant additional fran- chises as it deems appropriate. Section 7.5-6 Franchise Re- newal The City may establish Franchise renewal procedures by Resolution subject to applicable federal and state law. Section 7.5-7 • Franchise Pro- cessing Costs An application fee shall be set to cover all reasonable and necessary processing costs. Section 7.5-8 - Franchise Fee The Grantee shall pay the City 5% of the gross revenues it derives. The City may audit records and assess late fees. Section 7.5.9 Revocation of Franchise; Assessment of Damag- es and Penalties The City may terminate any fran- chise in the event of a material breach. and defines what a material breach may include. Section 7.5-10 - Procedure for Adjudication of Breaches of the Franchise Establishes the procedure and noticing requirements fora franchise breach and the hearing before the 'City Council. Section 7.5.11 Grantee's In- ability to Perform Conditions making it impossible for Grantee to perform include strikes, riots, natural disasters and others. Section 7.5-12 Removal & Abandonment; Purchase of Sys- tem Establishes the procedure for re- moval of the system and selling the system to a prospective new Grant- ee. Section 7.5-13 Receivership and Foreclosure Provides the procedures the City may follow subject to the Bankruptcy Code. Section 7.5-14 - General Finan- cial and Insurance Provisions These include constructions bonds, performance bonds and let- ters of credit as required. Section 7.5 -15 -Alternative Rem- edies Provides that the amount of any bond or letter of credit shall not limit Grantee's liability for damages. Section 7.5-16- Liquidated Dam- ages Provides that it be included in connection with the construction or reconstruction of the cable television system. Section 7.5-17- Indemnification Provides for Indemnification both by the Grantee and the City under certain conditions. Section 7.5-18 - Insurance Provides fortype of policy, what is shall include and that the amount shall be specified in the Franchise Ordinance. Section 7.5-19 Design and Construction Provides for the type of design and construction of the system with a minimum of 60 channels and a fiber optic design. Section 7.5-20 Minimum Ser- vice Requirements Provides for the number of chan- nels, broad categories of service and annual subscriber surveys. Section 7.5-21 Provision of Service Provides that service shall be es- tablished at the request of a subscrib- er within 30 days. Section 7.5-22 • Leased Chan- nel Service Provides that leased channel ser- vice shall be offered to 3rd parties pursuant to the Cable Communica- tion Act of 1984. Section 7.5-23 PEG Access Channels Providesthat Public, Educational and Government Access capacity be specified. Grantee may not edit this programming. Section 7.5.24 • Notice of Pro- gramming Changes Provides that 30 days notice, un- der most circumstances, be provided prior to dropping or adding any chan- nel. Section 7.5-25-Undergrounding Provides that the system shall be underground in areas that the tele- phone and power lines are under- ground. Section 7.5-26 - Use of Poles Provides that Grantee may use existing poles, conduits or other util- ity facility, but not install additional ones. Section 7.5-27 Construction Standards Sets forth the guidelines for in- stalling and maintaining cable televi- sion equipment. Section 7.5-28 Required Ap- provals Provides that the City approves the location of equipment and that permit and inspection fees may be required. Section 7.5.29 Relocation of Facilities and Equipment Provides that Grantee shall relo- cate any facilities or equipment if necessary due to a city project. Section 7.530 - Maintenance Provides required maintenance and construction work. If not per- formed, the City may perform and bill Grantee. Section 7.531 -Technical Stan- dards Provides that the City may im- pose more stringent technical stan- dards than those of the FCC. Section 7.5-32 Performance Testing Provides the procedure for test- ing to determine compliance with the technical standards. Section 7.5.33 -Interconnection Provides that the Grantee shall attempt to interconnect the public access channels with other systems. Section 7.5-34 Grantee Prop- erty Provides that all equipment and facilities installed shall remain the property of Grantee unless aban- doned. Section 7.5 -M -Right of Privacy of Subscribers Provides that the right of privacy of subscribers shall be maintained unless waived. Section 7.5-36 identification Required All employees of Grantee shall be required to wear identification who may' have contact with residents of the City. Section 7.5-37 Verification of Standards Provides that the Grantee shall demonstrate compliance with the Consumer Protection Standards. Section 7.5.38 - Rates Provides billing procedures, no- tice of rate increases and rate ap- provals. Section 7.539 •• Service Provi- sions Provides public programming, ten- ant's rights, mandatory continuous service and addresses theft of ser- vice and tampering. Section 7.5-40 •• Operation and Maintenance ' Provides the maintenance and inspection of records, including com- plaint records: Section 7.5-41 • Property Dam- age Provides that damage to private or public properly caused by employ- ees of Grantee be repaired or re- placed. Section 7.5-42 - Condemnation Provides that the City may con- demn the franchise, property and plant of Grantee pursuant to State and Federal Law. Section 7.5.43 •• Reports Provides forannual reports, what they should address and their distri- bution. Section 7.5-44 Inspection of Facilities Provides that the City may in- spect Grantee's facilities and equip- ment upon reasonable notice. Section 7.5-45- Subscriber Sat- isfaction Surveys Provides an annual subscriber satisfaction survey to be conducted by Grantee and provided to the City. Section 7.5-46 Periodic Re- view of System -Services and Per- formance Provides that the City may, at certain intervals, hold public hear- ings to review the performance and quality of the system including public access. Section 7.5.47-Compliancewith State and Federal Laws. Provides that the Grantee shall comply with all laws and regulations of the State and Federal government. Section 7.5-48 - Notices Provides that Grantee shall main- tain an address in Los Angeles Coun- ty for service of notices by mail. SECTION 2. Provides that the City Clerk certify to the passage and adoption of this Ordinance. SECTION 3. Provides for a sum- mary of the Ordinance to be prepared and published. PASSED, APPROVED AND ADOPTED this 27th day of Septem- ber, 1994. by the following vote: AYES: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES: None ABSENT: None ABSTAIN: 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: Charles S. Vose City Attomey ER10-6-94/HBL-629 P.O. Box 427 0 832 Hermosa Ave. El Hennosa Beach, CA 13 90254-0427 0 (310) 372-4611 • PROOF OF PUBLICATION (2015.5 C.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 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 upplement thereof on the following dates, to -wit: October 6 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 6th day of October , 1994. Signatur 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-629 (see attached page) 2 • 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 • 24 25 26 s 27 28 ORDINANCE NO. 94-1117 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING A FRANCHISE RENEWAL TO ML MEDIA PARTNERS, L.P. WHEREAS, ML MEDIA PARTNERS, L.P ("GRANTEE") has requested the renewal of its existing franchise; WHEREAS, the City finds that GRANTEE has substantially complied with the material terms of its existing franchise and with applicable law; WHEREAS, the quality of GRANTEE's service, including signal quality, response to consumer complaints and billing practices, has been reasonable in light of community needs; WHEREAS, GRANTEE has the financial, legal and technical ability to provide the services, facilities and equipment as set forth in this Ordinance granting a franchise renewal; and WHEREAS, the terms and conditions of this Ordinance granting a franchise renewal are reasonable to meet the future cable -related needs and interests of the community, taking into account the cost of meeting such needs and interests; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Hermosa Beach grants a cable television franchise renewal pursuant to the following terms and conditions: Grant of Franchise Renewal. This renewal of a nonexclusive Franchise for a cable television system (hereinafter the "Franchise") is issued pursuant to the authority provided in the Hermosa Beach Cable Television Ordinance (hereinafter, the "Cable Television Ordinance"). All of the provisions of said Cable Television Ordinance are incorporated herein by this reference, as if set forth in full. To the extent of any inconsistency between the provisions of the Cable Television Ordinance and those of this Franchise Ordinance, the provisions of this Franchise Ordinance shall prevail. Pursuant to the provisions of the Cable Television Ordinance, the City Council hereby renews the Franchise of GRANTEE to construct, operate and maintain a cable television system within the 1- 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 • 24 25 26 • 27 28 City of Hermosa Beach subject to all of the terms and conditions of the Cable Television Ordinance, this Franchise Ordinance and the acceptance of the Franchise Ordinance ("Acceptance"). The Acceptance of the Franchise Ordinance by GRANTEE shall be deemed an acceptance of the provisions of Cable Television Ordinance as well. The Cable Television Ordinance, Franchise Ordinance and Acceptance contain the entire terms and conditions of the Franchise and shall supersede all prior franchises granted to GRANTEE GRANTEE shall be subject to all general City ordinances and regulations now in effect or subsequently enacted, including those concerning encroachment permits, business licenses, zoning and building. 1. Term of Franchise. The term of this Franchise shall be for a period of ten (10) years, commencing on the effective date of the Franchise ordinance. For each day Phase I of the system rebuild/upgrade is completed after October 1, 1997, the term of the Franchise shall be reduced by one (1) day. For each day Phase I of the system rebuild/upgrade is completed in advance of October 1, 1997, the term of the Franchise shall be extended by one (1) day, not to exceed one (1) year, For a delay in completion of Phase I exceeding one (1) year from October 1, 1997, the City may terminate the Franchise. For each day Phase H of the system rebuild/upgrade occurs after the October 1, 1999, the term of the Franchise shall be reduced by one (1) day. For each day Phase H of the system rebuild/upgrade is completed prior to October 1, 1999, the term of the Franchise shall be extended by one (1) day, not to exceed one (1) year. For a delay in completion of Phase H exceeding one (1) year from the October 1, 1999, the City may terminate the Franchise. The above remedies provided the City apply solely to delays in construction of the system and are nonexclusive and in addition to the Liquidated Damages applicable to construction delays under Section 8 (a) of the Franchise Ordinance. No notice to cure is required to trigger the shortening or extending of the Franchise term pursuant to Section 7.5-10 of the Cable Television Ordinance. Neither party waives their rights to other remedies as provided hereunder or as provided by law. 2. Acceptance of Franchise. GRANTEE shall file with the City Clerk its authorized written acceptance of this Franchise renewal and its agreement to be bound by and comply -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 with all the requirements hereof within forty-five (45) days of the effective date of the Franchise Ordinance. Such acceptance shall be in form and substance satisfactory to the City Attorney and shall include evidence of compliance with the requirements of Section 10 below. 3. System Design. Performance Requirements. a. System Configuration. As of the date of this Franchise Ordinance, the cable television system shall consist of a residential network providing 50 channels of programming. As of the date of this Franchise Ordinance, GRANTEE has commenced a rebuild/upgrade of the cable television system to be completed in two phases: (i) Phase I: By no later than October 1, 1997, (the "Phase I Completion Date"), GRANTEE shall rebuild/upgrade the cable television system so that it is capable of delivering to subscribers, at a minimum, fifty-four (54) outbound channels and four (4) inbound channels, including the local origination and EG channel(s), as defined in Section 5 of this Franchise Ordinance. In addition, upon completion of Phase I, the cable system shall have active electronics (including amplifiers, and line extenders) so that it is capable of delivering 78 outbound channels and 4 inbound channels, provided that the cable system need not have the subscriber drops or taps necessary to deliver 78 outbound channels and 4 inbound channels to subscribers. Phase I shall be completed pursuant to the phased design maps attached hereto as Exhibit "A" Phase I shall pass one hundred percent (100%) of all homes and residential areas existing as of the effective date of the Franchise Ordinance. Extension of the system to homes and residential areas existing after the effective date of the Franchise Ordinance shall be subject to the line extension policy expressed in Sections 7.5-28 and 7.5-39 of the Cable Television Ordinance. In accomplishing Phase I, the GRANTEE shall use equipment generally used in high- quality, reliable, modern systems of similar design, including but not limited to modulators, antennae, amplifiers and other electronics which permit and are capable of passing through the signals received at the headend without substantial alteration or deterioration. This obligation shall include the obligation to install equipment to retransmit in stereo satellite and local broadcast signals provided in • 27 1 stereo. 28 (ii) Phase H: In Phase H of the rebuild/upgrade, GRANTEE shall improve the -3- • 1 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 2s cable system, including all subscriber drops and taps, so that the system is capable of delivery of the following number of channels to all subscribers: Cable Signal Channel Network Direction Kaci Residential Outbound 78 channels Residential Inbound 4 channels Activation of this capability shall occur no later than October 1, 1999. b. Construction Time Schedule. The system shall be rebuilt/upgraded over a five year period according to the following time schedule: The Commencement Date. October 1, 1994 Phase I (33% system completion). October 1, 1995 Phase I (67% system completion). October 1, 1996 Phase I Completion (100%). October 1, 1997 Phase II Completion. October 1, 1999 GRANTEE shall provide a written certificate to the City Clerk within thirty (30) days of completing each construction phase. The construction time schedule may be extended pursuant to the force majeure terms of Section 7.5-11 of the Cable Television Ordinance. C. Emergency Alert CapabilitX. By October 1, 1995, GRANTEE shall provide an emergency audio override capability to permit City to interrupt and cablecast an audio message on thirty-six (36) channels simultaneously in the event of disaster or public emergency. This capability shall be extended to all activated channels no later than October 1, 1997, The emergency alert system shall be accessed only in the event of a local emergency as defined in Section 8558 (c) of the California Government Code duly proclaimed in accordance with the provisions of Section 8630 of said Government Code. City shall use its best efforts to contact the GRANTEE prior to accessing the emergency alert system. City shall maintain a current list, filed with the GRANTEE, of those individuals authorized to access the emergency alert system. GRANTEE shall annually test the emergency alert system. City shall indemnify, defend and hold GRANTEE, its affiliates and their respective officers, directors, employees and shareholders harmless from and against any and all liabilities, losses, damages, claims, actions, causes of action, costs and expenses (including reasonable attorneys' fees) -4- 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 arising from or in any manner related to the use of the emergency alert system by or on behalf of City. d. Standby Power. GRANTEE shall provide standby power generating capacity during utility power outages at its cable television system control center. By the date fa completion of Phase I, GRANTEE shall maintain standby power system supplies throughout the distribution networks. e. Addressabilitv. The rebuilt/upgraded system shall offer addressability to al subscribers by the Phase I Completion Date. f. Capacity for Interactive Services. The cable system shall provide the capacity for interactive services. "Capacity for interactive services" shall mean that, following completion o: Phase H of the system rebuild/upgrade more particularly set forth in this Section, the cable system ha: the capacity to provide two-way communications upon the addition of appropriate return modules, electronic equipment and other facilities. Inbound (upstream) channels shall be activated, and GRANTEE shall provide interactive service to residential subscribers when technically and commercially feasible as determined during a System Review conducted pursuant to Section 7.546 of the Cable Television Ordinance. Notwithstanding Section 7.546 of the Cable Television Ordinance, upon City Council finding that interactive service is technically and commercially feasible, GRANTEE shall activate such a service within six (6) months after receiving City's written request. GRANTEE may seek review of such a City Council finding before an arbitration panel consisting of expert professionals in the cable television engineering and management field. The arbitration panel shall be selected as follows: GRANTEE and the City may select a single arbitrator jointly, by agreement within thirty days of GRANTEE's written request to the City for such review. If no single arbitrator is agreed upon within that time, then GRANTEE and the City shall each select one arbitrator, and the third arbitrator shall be chosen by the arbitrators selected by GRANTEE and the City. The arbitration panel shall conduct its review in accordance with the rules of the American Arbitration Association (except, however, the arbitration panel shall issue written findings and conclusions). In the event the arbitration panel confirms the City Council's finding, GRANTEE may seek review of that finding pursuant to applicable law. g. Capacity for High Definition Television. The cable system shall provide high -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 definition television programming when technically and commercially feasible as determined during a' System Review conducted pursuant to Section 7.5-46 of the Cable Television Ordinance. Notwithstanding Section 7.5-46 of the Cable Television Ordinance, upon City Council finding that high definition television is technically and commercially feasible, GRANTEE shall activate such service within six (6) months of receipt of City's written request. GRANTEE may seek review of such a City Council finding before an arbitration panel consisting of expert professionals in the cable television engineering and management field. The arbitration panel shall be selected as follows: GRANTEE and the City may select a single arbitrator jointly, by agreement within thirty days of GRANTEE's written request to the City for such review. If no single arbitrator is agreed upon within that time, then GRANTEE and the City shall each select one arbitrator, and the third arbitrator shall be chosen by the arbitrators selected by GRANTEE and the City. The arbitration panel shall conduct its review in accordance with the rules of the American Arbitration Association (except, however, the arbitration panel shall issue written findings and conclusions). In the event the arbitration panel confirms the City Council's finding, GRANTEE may seek review of that finding pursuant to applicable law. 4. GRANTEE Support for EG Access: a. By October 1, 1997, GRANTEE shall provide channel capacity for educational and governmental ("EG") programming and for local origination programming. GRANTEE shall initially dedicate one (1) shared channel for EG and local origination programming. The dedicated channel shall be capable of distributing a separate program signal to GRANTEE's subscribers in the cities of Manhattan Beach and Hermosa Beach so that the system may carry live cablecasting of simultaneous public meetings from each city. b. Beginning October 1, 1997, the City may require GRANTEE, upon 90 days prior written notice, to dedicate one (1) channel for the exclusive use of the City for EG programming, and a separate channel shall be dedicated to GRANTEE for its own local origination use. The additional dedicated EG channel shall be under the exclusive management and editorial control of the City and shall not be shared with other cities. Other cities served by GRANTEE's cable television We 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 system will not be restricted from negotiating in their own franchises for similar exclusive programming on such channels for separate distribution to subscribers within such other cities. The City may program the separate EG access channel for a specified level of public access programming upon 90 days prior written notice to GRANTEE, it being acknowledged by the City and GRANTEE that public access channel capacity is presently not dedicated or activated in the City. Until such time, if ever, as the City designates public access time on the EG channel, GRANTEE shall carry public access programming by City residents on its local origination channel. GRANTEE shall provide and maintain a reasonable level of community outreach and promotion, and technical assistance for public access programming by City residents. After a channel has been activated for exclusive EG and/or public access programming under the above terms, the City may designate a representative, such as a non-profit entity, to use and administer the access channel dedicated to City use, with all of the attendant rights and obligations provided to the City hereunder, provided that the City shall not be relieved of obligations to the GRANTEE. GRANTEE shall manage the local origination channel. C. GRANTEE shall make available additional EG channels dedicated exclusively to the City pursuant to the following criteria: (i) The first access channel must be in use and programmed with EG programming during at least 801/6 of the weekdays for at least 80% of the time during any consecutive 13 -hour period for ten consecutive weeks. For this purpose, programming consisting of character generated text, repeat programming, and programming produced more than six months previously or programming not produced or submitted by a City access user or resident, shall not be counted. (ii) No more than 33-1/3% of the aggregate hours utilized for EG programming during such ten week period can represent repeat programming. (iii) Any additional EG channel shall be made available within 180 days following the City's written request and verification of compliance with each of the foregoing conditions. -7- • 1 2 • 3 C 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 • 24 25 26 27 28 (iv) Whenever such additional EG channels are programmed for less than four (4) hours per day for six (6) days per week for a continuous period of not less than twelve (12) consecutive weeks, the City may permit the GRANTEE to utilize unused channel capacity on that channel under the following conditions: (1) Any request from the GRANTEE to use any fallow capacity designated for PEG Access must be submitted in writing to the City Council. (2) The City Council shall approve the petition from the GRANTEE to use fallow channel capacity if it finds that: (i) the utilization of the channel is as represented; and (ii) the GRANTEE has not acted in violation of any of the provisions of the Franchise regarding utilization of the channel. After approval, the GRANTEE may continue to utilize the channel for any other purposes it so chooses, consistent with the Franchise, until it is required to be designated for EG purposes pursuant to the provisions hereof d. The City shall have sole responsibility for the programming of the EG channel(s) provided by the GRANTEE, including without limitation, the carriage of noncommercial programming on the channel(s) and the establishment and administration of all rules, regulations and procedures pertaining to the use and scheduling of the programming presented over the channel(s). As part of noncommercial programming, the City may permit commercial endorsements to acknowledge funding sources. e. GRANTEE shall provide, maintain, staff and operate an adequate local origination production studio equipped with sufficient portable and stationary equipment so as to allow production of videotaped and live programming. The studio shall be maintained and operated within the City of Manhattan Beach or Hermosa Beach. The studio shall be equipped as set forth in Exhibit 'B" The GRANTEE shall provide replacement equipment, adequate consumable supplies and maintenance parts for the studio. -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 f. The GRANTEE shall provide use of its local origination studio, equipment, and facilities free of charge to public access and EG programmers, including without limitation the City, on a non-discriminatory basis. The GRANTEE may charge reasonable deposits for the use of such facilities and equipment. The GRANTEE's staff shall provide reasonable technical assistance to public access and EG users. The GRANTEE may establish reasonable limitations subject to the review of the City on the scheduling of equipment availability and studio time for public access and EG programmers. g. The GRANTEE shall provide video production training for public access and EG programmers. At a minimum, the GRANTEE shall make available not less than one (1) free video training workshop quarterly to train public access and EG users in production techniques and equipment. h. The GRANTEE shall provide a periodic outreach campaign to familiarize residents of the City with the cable system's access facilities, equipment, services and training. i. The GRANTEE shall provide the technical capability for the origination of live and videotaped programming from those Access Centers specified on Exhibit "C" by October 1, 1997. GRANTEE shall not be responsible for the equipment or facilities required to originate such programming, except for modulators and processors placed at each location over which such programming will be transmitted to the GRANTEE's distribution site. Such programming shall be capable of being distributed to those subscribers within Hermosa Beach served by GRANTEE. j. GRANTEE shall provide free basic cable service for non-commercial uses only to those locations listed on Exhibit "D" within six months following the effective date of this Franchise Ordinance. GRANTEE shall extend service to additional, new governmental and educational facilities, as designated by the City, provided that such new locations are located within 150 feet of GRANTEE's existing distribution system and GRANTEE is able to receive all necessary rights-of-way on reasonable terms and conditions. GRANTEE shall be required to make the standard installation ("drop") to the building(s) at those locations listed on Exhibit "D" as specified by the designated representative of that location. GRANTEE shall not be required to wire the entire location or to provide additional drops at no cost. -9- • 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 k. GRANTEE shall, in consultation with the Hermosa Beach City Unified School District ("District"), develop proposals to provide the following services to the District: extending cable service to every classroom and multipurpose room in the District; extending cable service to every multipurpose room and one classroom in each grade level in the District; installing a satellite dish and related equipment at District headquarters so that the District may program the EG channel on a tape -delayed and/or five origination basis. Each proposal shall offer the service to District at GRANTEE's actual direct cost for labor, materials and equipment. Administrative supervision may be included in each proposal but no other overhead charges may be included. 5. PEG Access Capital Improvements. a. The GRANTEE shall fund and make available to City a Grant in the amount of One Hundred and Seventy -Five Thousand Dollars ($175,000.00) on the effective date of this Franchise Ordinance. City shall use such funds for EG access equipment and facilities, various cable related activities of the City and to reimburse the City for its reasonable costs, including consultant and attorney fees, incurred during the franchise renewal process. City may fund from this grant the activities as specified on Exhibit "E" on the effective date of this Franchise Ordinance. The activities specified on Exhibit "E" are not intended to be an exclusive listing of activities that may be funded by this Grant, but rather an example of categories of activities that City may use the Grant to fund. b. City shall account to the GRANTEE on an annual basis for the expenditures of such funds. Such accounting shall be in reasonable detail so as to adequately identify the sources and uses of all such funds. Such accounting shall be completed and made available to the GRANTEE within one hundred eighty (180) days after each fiscal year during which the funds were expended. C. Upon the transfer of the Franchise, or after October 1, 1999, whichever occurs first, City may request and GRANTEE shall provide additional funds in the sum of Seventy - Five Thousand Dollars ($75,000.00) to be used in accordance with paragraph (a) above. -10- L 2 • 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. Bonds; Insurance Coverage. a. Bonds. The GRANTEE shall establish a letter of credit or surety bond in the amount of One Hundred Thousand Dollars ($100,000.00). The GRANTEE also shall establish a certificate of deposit or savings account, in the amount of Ten Thousand Dollars ($10,000.00), the rights of which have been signed over to the City as security for franchise performance. Any interest accrued on such cash or cash equivalent security shall be paid to the GRANTEE periodically as accrued. The GRANTEE shall restore to the certificate of deposit any amount the City withdraws as liquidated damages, within thirty (30) days after the City withdraws the money. The GRANTEE shall establish all such security instruments within forty-five (45) days after the effective date of this Franchise Ordinance. All security instruments shall be in a form acceptable to the City Attorney. Upon GRANTEE's request, the City shall reduce the letter of credit or surety bond to Ten Thousand Dollars ($10,000.00) at any time after City has verified that GRANTEE has completed the upgrade to the system pursuant to Section 4 of this Franchise Ordinance, that GRANTEE has satisfied EG access requirements under Section 5 and 6(a), above, and is not in material breach of the Franchise. The City shall complete its review of GRANTEE's compliance with these conditions within sixty (60) days after receipt of the GRANTEE's request. b. Liability Insurance Coverage. Contemporaneously with the filing of its acceptance of this Franchise, the GRANTEE shall deposit certificates of insurance evidencing the existence of policies of insurance required pursuant to the provisions of the Cable Television Ordinance. Initially, the limits of such policies shall be at least $5,000,000 combined single limit liability for personal injury and property damage. The limits of such insurance coverage may be increased to reflect increased hazards associated with the conduct of the GRANTEE's business operations in the City, provided that such increase occurs no more than once during any three-year period and, provided further, that such increase does not exceed ten percent (10%) of the then existing limits of coverage required under this Subsection. The City shall be included as an additional insured -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 on each of said policies. C. Other Insurance Coverage. The GRANTEE shall maintain during the term of this Franchise, all other insurance required by law, including, but not limited to, Worker's Compensation coverage. As to all such required coverage, the GRANTEE shall deposit with the City certificates of insurance evidencing all such coverage. The City shall be included as an additional insured on each of said policies if permitted by applicable law. 7. Liquidated Damages. Because GRANTEE's failure to comply with provisions of this Franchise will result in injury to the City, and because it will be difficult to estimate the extent of such injury, the City and GRANTEE hereby agree to the following liquidated damages, which represent both parties' best estimate of the damages resulting from the specified injury. Damage amounts may be adjusted throughout term of Franchise by the City by resolution to take into account increases in the consumer price index. a. for failure to complete each construction phase or extend service in accordance with the Franchise: $100/day for each day the violation continues; b. for failure to comply with material requirements for public, educational and government use of system: $150/day for each day violation continues; C. for repeated, willful or continuing failure to submit reports, maintain records, provide documents or information: $100/day for each day the violation continues; d. for violation of customer service standards: $100 for each day of each material breach, not to exceed $300 for each occurrence of material breach. For repeat offenses within the prior twelve months, these penalties shall increase to $200 and $600, respectively. For a third violation within the prior twelve months, these penalties shall increase to $500 and $1500, respectively. e. for failure to comply with transfer provisions: $500/day from the date of any unlawful transfer; and f. for all other material violations: $150/day for each day violation continues. Prior to assessing any liquidated damages against the GRANTEE, the City shall have provided the GRANTEE with notice and opportunity to cure in accordance with the provisions of the -12- 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 Cable Television Ordinance. The City finds, and the GRANTEE, by its Acceptance, acknowledges and agrees that the above-described liquidated damages provisions represent a reasonable sum in light of all of the circumstances. Said liquidated damages sums shall be applicable to each calendar day of delay following expiration of the notice period provided in the Cable Television Ordinance during which GRANTEE has been found by the City Council to be in material default pursuant to this Section. The GRANTEE shall pay any liquidated damages assessed by the City Council within ten (10) days after they are assessed. If they are not paid within the ten-day period, the City may withdraw them from the Certificate of Deposit or similar security provided pursuant to Section 7, The assessment of liquidated damages by the City as provided above, in response to a particular claim, failure or violation by GRANTEE, shall constitute an election of remedies and the City's sole and exclusive remedy with respect to the particular event of failure or violation claimed, provided that the City may take account of such event or events in otherwise evaluating or remedying the GRANTEE's cumulative performance of its franchise obligations in accordance with the Franchise. 8. No Recourse Against City. GRANTEE shall have no recourse whatsoever against City or its officials, boards, commissions. agents, or employees for any losses, costs, expenses, or damages arising out of any provision or requirement of the Franchise or because of the enforcement of the Franchise. Acceptance. The GRANTEE shall, within forty-five (45) days after passage of the Franchise Ordinance, file in the office of the City Clerk a written Acceptance of the Franchise Ordinance executed by the GRANTEE in a form approved by the City Attorney. SECTION 2. This ordinance shall go into effect and be in full force and operation from and after thirty days its final passage and adoption. SECTION 3. The City Clerk shall certify to the passage and adoption of this ordinance; shall 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 4. The City Clerk shall cause a summary of this Ordinance to be prepared -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 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 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 27th -day of September, 1994 by the following vote: Ayes: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz Noes: None Absent: None Abstain: None President of the ATTEST - APPROVED AS TO FORM: City Attorney ACCEPTED B of the City of the City of Hermosa Beach Donald R- Granger, Regional Vice -President, representing M. L. Media Representing ML Media Partners, L.P as authorized Agent -14- I& C T EXHIBIT A �l i� HERMOSA BEACH N 2y� areal..,,. area l `� `✓ IC U 1 10 1j+s1 . � � � urt•'� � Z'��\�t� + ,off � � � �• !on � yry ar, „ 4 il'� �• C � 1 �� Pl. �� 4Lµ � � _ �'� ^ C i N 1pPj Sf• j � i '� � D � 9� 5T � `% r �� � lllll.JJJJJ E t. F AREA I: s I Targeted Completion Date- 1997 ate-1997 AREA II: Targeted Completion Date- L 1 I 2 1999 Sr LY.+m.+ rr• iii• • • • Cameras Two ( 2 ) Two (2) Two ( 2 ) One (1) Two (2) Two (2) One (1) One (1) Two (2) Three ( 3 ) One (1) EXHIBIT B EQUIPMENT STANDARDS FOR STUDIO Section 5(e) Hitachi CCU and Cables' Hitachi FP -211 I ltegami HC -230 Ikegami cable Ikegami MA 230 CCU's' Anton Bauer Compac 13 Ikegami's) Sony cable' Sony DXC M-31 JVC CCU'sl JVC BY -110 Minitube2 JVC XY-1900 Cameral batteries (for Decks Seven Five (5) Sony 5000 -Playback' One (1) Sony 5800 -Editing' One (1) Sony 5850 -Editing' One (1) Sony RM440-Edit controller Two (2) RCA VHS' Two (2) Sony VP 7020 One (1) Sony VO 98501 One (1) Sony V 98001 One (1) Sony VO 76001 One (1) Sony RM 450 -Edit controller Port -A -Packs One (1) Sony DME -450 (special effects generator) One (1) Sony 4800' One (1) JVC 47002 One (1) Sony 8800 Monitors Seven (7) Panasonic 5 inch B&W1 One (1) Panasonic 19 inch color' One (1) Panasonic 12 inch One (1) Videotek 12 inch color' One (1) Sony 12 inch color' One (1) JVC 12 inch color' One (1) JVC 5 inch color portable One (1) Videotek VM -12 program monitor' Two (2) JVC TM -9U color • One (1) Panasonic WV 5350 prompter monitor One (1) IBM Monitor One (1) Videotek 12RA1 TBC/Time Base Correctors • Two (2) Microtime T-120D's' One (1) Sony DME -450 (special effects generator) t Character Generators One (1) Chyron ACG with computer monitor One (1) Tandon PCA 12 Image Capture System with • monitor, Logitek computer mouse and JVC SuperVHS Camcorder C7 Tripods Two One One One One One Lights' Two Eight Four One One One Two Switchers One One • Mixers One One • (2) ITE studio tripods' (1) ITE with detachable dolly (Bogen dolly)' (1) ITE field tripod (1) ITE studio dolly (1) Bogen studio dolly (1) Generic field tripod (2) 1K Scoops (8 ) MK Floods (4) 1K Floods (1) Lowell Lighting kit with 2 tripods and 3 'AK lights (1) Smith Victor portable with stand (1) 1000W Ellipsoidal reflector (2) MK Fresnel studio Telephone Hybird One (1) Videotek (routing switcher) Sony BVS 3100' Tapco series 72-8 channel' Tascam Gentner 5PM-5 Headsets Two (2) Telex PH -83 One (1) Telex I-0583 Batteries Four (4) BP -60 to power Sony 4800 w/charger' Seven (7) JVC 4700 w/charger' Four (4) Sony 8800 w/charger Microphones' Six (6) Sony ECM44B lavalier Two (2) Handheld w/stand One (1) Generic microphone cable One (1) Studio 6 -input snake Studio Facilities One (1) 30 x 40 studio with control room, Public Access Edit and Playback control room, lighting and backdrops Test Equipment One (1) Waveform monitor One (1) Vectorscope Other One (1) One (1 ) One (1) • One (1) One (1) Tek Skil teleprompter and keyboard General purpose extension cord' Realistic pre -amp MPA20 Zenith stereo receiver MC7030 Shinton 336 video distribution amp • 1, Available to PEG Access 2. PEG Access • U • • EXHIBIT C - ACCESS CENTERS !� • • ALL ACTIVE PUBLIC SCHOOL SITES WITHIN THE CITY'S BOUNDARIES • LIBRARY • CIVIC THEATRE - 710 PIER AVENUE • COMMUNITY CENTER - ROOM 12 • COMMUNITY CENTER - GYMNASIUM • CLARK FIELD • CITY COUNCIL CHAMBERS • SOUTH PARK BUILDING • • EXHIBIT D - LOCATIONS OF FREE "DROPS" AND BASIC SERVICE r� PUBLIC SCHOOLS 1. One free drop shall be extended to each public school. In addition, basic service shall be provided on each additional drop installed pursuant to Section 56) of the Franchise Ordinance. 2. Hermosa Beach School District Headquarters. GOVERNMENTAL LOCATIONS 1. City Hall Council Chambers / offices 2. City Library 3. Community Center - all rooms 4. Police Station • 5. Fire Station 6. Maintenance Yard 7. Kiwanis Building 8. Rotary Building is • EXHIBIT E - CITY GRANT FUNDS • Funds may be used for projects/services including but not limited to: City Council Chamber upgrades: to include reimbursement for cost of existing sound system; camera system; renovation of Chambers including lighting, seating, acoustical treatment and carpeting. • Hermosa Beach School District request(s): upon approval of the City, to include upgrades to their multimedia lab; cable related equipment and/or audiovisual equipment/aides. • For any cable franchise related consultation services including retroactive renewal expenses, annual auditing, community needs assessments and/or legal services. • Rate regulation studies: if and to the extent such use of funds is allowed by federal regulation, with Grantee reserving the right to question whether such payment constitutes franchise fees pursuant to 47 U.S.C. 542(g). • • 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. 94-1117 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 September, 1994, and was published in the Easy Reader on October 6, 1994 • AYES: NOES: �J 0 The vote was as follows: ABSENT 'V1 DATED: Bowler, Edgerton, Oakes Reviczky, Mayor Benz None None None October 6, 1994 C!'y �Cler4='--A SUMMARY OF ORDINANCE NO. 94-1117 Prepared by City Attorney Charles S. Vose, September 19, 1994 AN ORDINANCE OF THE CITY OF HERMOSA BEACH GRANTING A FRANCHISE RENEWAL TO ML MEDIA PARTNERS, L.P. WHEREAS, ML MEDIA PARTNERS, L.P. ("GRANTEE") has requested the renewal of its existing franchise; WHEREAS, GRANTEE has complied with the terms of its existing franchise and applicable law; WHEREAS, the quality of GRANTEE's service, has been reasonable in light of community needs; WHEREAS, the terms and conditions are reasonable to meet the future cable -related needs and interests of the community; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Hermosa Beach grants a cable television franchise renewal as follows: Grant of Franchise Renewal. The City renews a nonexclusive Franchise of GRANTEE to maintain a cable television system within Hermosa Beach. The Cable Television Ordinance, Franchise Ordinance and Acceptance contain the terms and conditions of the franchise. 1. Term of Franchise. The term of this Franchise shall be for a period of 10 years, with remedies provided for rebuild/upgrade completion which affect the length of the term. 2. Acceptance of Franchise. GRANTEE shall file its authorized written acceptance of this Franchise renewal and its agreement to be bound by and comply with the requirements. 3. System Design. Performance Requirements. a. System Configuration. The present cable system consists of 50 channels. GRANTEE has started an upgrade to be completed in 2 phases by October 1, 1997 and October 1, 1999. b. Construction Time Schedule. Provides for a rebuilt/upgraded system over a five year period. c. Emergency Alert Capability. By October 1, 1995, GRANTEE shall have the capability to permit City to interrupt and cablecast on 36 channels in the event of public emergency. d. Standby Power. GRANTEE shall provide standby power generating capacity during utility power outages. e. Addressability. The rebuilt/upgraded system shall offer addressability to all subscribers. f. Capacity for Interactive Services. The cable system shall provide the capacity for interactive services. g. Capacity for High Definition Television. The cable system shall provide high definition programming when feasible. 4. GRANTEE Support for EG Access: • GRANTEE shall initially dedicate one (1) shared channel for educational, governmental and local origination programming. Beginning October 1, 1997, the City may require GRANTEE to dedicate 1 channel for City for exclusive EG programming. GRANTEE shall, with the Hermosa Beach City School District, develop certain services to the District. 5. PEG Access Capital Improvements. The GRANTEE shall make available to City a Grant in the amount of $175,000.00. City shall use such funds for equipment and facilities, various activities and as reimbursement for its reasonable costs incurred during the franchise renewal process. 6. Bonds; Insurance Coverage. a. Bonds. The GRANTEE shall establish a letter of credit or surety bond in the amount $100,000.00. The GRANTEE also shall establish a certificate of deposit or savings account, in the amount of $10,000.00, with the rights signed over to the City as security for franchise performance. b. Liability Insurance Coverage. The GRANTEE shall deposit certificates of insurance pursuant to the Cable Television Ordinance. The limits shall be at least $5,000,000. The City shall be included as an additional insured. c. Other Insurance Coverage. The GRANTEE shall maintain other insurance required by law. The City shall be included as an additional insured on said policies. • 7. Liquidated Damages. The City and GRANTEE hereby agree to specified liquidated damages for failure to complete construction, violation of customer service standards, failure to comply with transfer provisions and other material violations. 8. No Recourse Against City. GRANTEE shall have no recourse against City or its officials for any losses or damages arising out of the enforcement of the Franchise. 9. Acceptance. The GRANTEE shall, within 45 days after passage of the Franchise Ordinance, file a written Acceptance. SECTION 2. This ordinance shall go into effect thirty days from and after its final passage and adoption. SECTION 3. The City Clerk shall certify to the passage and adoption of this ordinance and make a record of its adoption. SECTION 4. The City Attorney shall prepare a summary of this Ordinance which shall be published as provided by law. PASSED, APPROVED AND ADOPTED this 27th day of September, 1994. by the following vote: AYES: Bowler, Edgerton, Oakes, Reviczky, NOES: Mayor Benz AB SENT - None ABSTAIN: 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 City Attorney • • • C7 CITY OF HERMOSA BEACH SUMMARY OF ORDINANCE NO. 94-1117. Prepared by City Attorney Charles S. Vase, September 19, 1994 AN ORDINANCE OF THE CITY OF HERMOSA BEACH GRANTING A FRANCHISE RENEWAL TO ML MEDIA PARTNERS, L.P. WHEREAS, ML MEDIA PART- NERS, L.P. ("GRANTEE") has re- quested the renewal of its existing franchise; WHEREAS, GRANTEE hascom- plied with the terms of its existing franchise and applicable law; W H ER EAS, the qualityof GRANT - EE's service, has been reasonable in light of community needs; WHEREAS, the terms and condi- tions are reasonable to meet the fu- ture cable -related needs and inter- ests of the community; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Hermosa Beach grants a cable tele- vision franchise renewal as follows: Grant of Franchise Renewal. The City renews a nonexclusive Franchiseof GRANTEEto maintain a cable television system within Her- mosa Beach. The Cable Television Ordinance, Franchise Ordinance and Acceptance contain the terms and conditions of the franchise. 1. Tenn of Franchise. The term of this Franchise shall be for a period of 10 years, with remedies provided for rebuild/up- grade completion which affect the length of the term. 2. Acceptance of Franchise. GRANTEE shall file its authorized written acceptance of this Franchise renewal and its agreement to be bound by and comply with the requirements. 3. System Design. Performance Requirements. a. System Configuration. The present cable system consists of 50 channels. GRANTEE has started an upgrade to be completed in 2 phases by October 1, 1997 and October 1,1999. b. Construction Time Schedule. Provides for a rebuilt/upgraded system over a five year period. c. Emergency Alert Capability. By October 1, 1995, GRANTEE shall have the capability to permit City to interrupt and cablecast on 36 channels in the event of public emergency. d. Standby Power. GRANTEE shall provide standby power generating capacity during utility power outages. e. Addressability. The rebuilt/ upgraded system shall offer addressability to all sub- scribers. f. Capacity for Interactive Services. The cable system shall provide the capacity for interactive services. g. Capacity for High Definition Television. The cable system r shall provide high definition programming when feasible. 4. GRANTEE Support for EG Access: GRANTEE shall initially dedicate one (1) shared channel for education- al, governmental and local origina- tion programming. Beginning October 1, 1997, the City may require GRANTEE to dedi- cate 1 channel for City for exclusive EG programming. GRANTEE shall, with the Hermo- sa Beach City School District, devel- op certain services to the District. 5. PEG Access Capital Im- provements. The GRANTEE shall make avail- able to City a Grant in the amount of $175,000.00. City shall use such funds for equipment and facilities, various activities and as reimburse- ment for its reasonable costs incurred during the franchise renewal process. 6. Bonds; Insurance Coverage. a. Bonds. The GRANTEE shall establish a letter of credit or surety bond in the amount $100,000.00. The GRANTEE also shall establish a certificate of deposit or savings account, in the amount of $10,000.00, with the rights signed over to the City as security for franchise performance. b. Liability Insurance Coverage. The GRANTEE shall deposit certificates of insurance pursuant to the Cable Television Ordinance. The limits shall be at least $5,000,000. The City shall be included as an additional insured. c. Other Insurance Coverage. The GRANTEE shall maintain other insurance required by law. The City shall be included as an additional insured on said policies. 7. Liquidated Damages. The City and GRANTEE hereby agree to specified liquidated damag- es for failure to complete construc- tion, violation of customer service standards, failure to comply with trans- fer provisions and other material vio- lations. 8. No Recourse Against City. GRANTEE shall have no recourse against City or its officials for any losses or damages arising out of the enforcement of the Franchise. 9. Acceptance. The GRANTEE shall, within 45 days alter passage of the Franchise Ordinance, file awrinen Acceptance. SECTION 2. This ordinance shall go into effect thirty days from and after its final passage and adoption. SECTION 3. The City Clerk shall certify to the passage and adoption of this ordi- nance and make a record of its adop- tion. SECTION 4. The City Attorney shall prepare a summary of this Ordinance which shall be published as provided by law. PASSED, APPROVED AND ADOPTED this 27th day of Septem- ber, 1994. by the following vote: AYES: Bowler, Edgerton, Oakes, Reviczky, NOES: Mayor Benz ABSENT: None ABSTAIN: 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: Charles S. Vase City Attorney EPAD-6-94/HBL-630 P.O. Box 427 0 832 Hermosa Ave. 0 Hermosa Beach, CA 0 90254-0427 0 (310) 372-4611 w • PROOF OF PUBLICATION (2015.5 C.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 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: October 6 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 6th day of October , 1994. Signature EASY READER, INC. • P.O. BOX 427 832 HERMOSA AVENUE, HERMOSA BEACH, CA 90254 Telephone: (310) 372-4611 Proof of Publication of.- CITY f: CITY OF HERMOSA BEACH LEGAL NOTICE ER Ref No. HBL-630 (see attached page) • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 • 25 26 27 0 28 29 ORDINANCE 94-1118 AN ORDINANCE OF THE CITY OF HERMOSA BEACH CALIFORNIA, TO AMEND THE ZONING ORDINANCE IN REGARDS TO THE CONDITIONAL USE PERMIT REQUIREMENTS FOR OFF -SALE ALCOHOL ESTABLISHMENTS AND THE ADOPTION OF A NEGATIVE DECLARATION WHEREAS, the City Council held a public hearing on September 27, 1994 to consider, and written testimony and made the following findings: A. Conditional Use Permits are required for all off -sale alcohol establishments regardless of v potential or foreseeable adverse impacts are reasonably associated with the operation of s establishments; B. Typically, the adverse impacts, such as noise, loitering, and drunkenness, which associated with off -sale alcohol establishments occur late at night, and the impacts on nes residences are also most severe and noticeable late at night; C. An initial study has been prepared by the Staff Environmental Review Committee and it determined that the proposed amendment would result in a less than significant impact on environment; NOW, THEREFORE, the City Council of the City of Hermosa Beach does her ordain that the zoning ordinance text be amended as follows: SECTION 1. Amend the permitted use list for the C-2 restricted commercial zone, uni Section 8-3, by deleting the classification of "alcohol beverage establishments, on and off -sale. " establish two categories to read as follows: "Alcohol beverage establishments, on -sale, conditional use permit required pursuant Section 10-T' "Alcohol beverage establishments, off -sale, conditional use permit required to between the hours of 11:01 P.M. and 2:00 A.M., pursuant to Section 10-8" SECTION 2. Amend Section 10-8, the title block, and the first paragraph to read follows, by adding the underlined text: • 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 W*j "Sec. 10-8. Off sale alcohol beverage establishments 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." SECTION 3. This ordinance shall become effective and be in full force and effect from and ai 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 C Clerk shall cause this ordinance to be published in the Easv Reader, a weekly newspaper of gene 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, sl enter the same in the book of original ordinances of said city, and shall make minutes of the passage adoption thereof in the records of the proceedings of the City Council at which the same is passed adopted. PASSED, APPROVED, and ADOPTED this 11th day of October, 1994, by the following vote: AYES: Bowler, Edgerton, Reviczky, Mayor Benz NOES: None ABSTAIN: None ABSENT: Oakes PRESIDENT of the City Council d YOR of the City of Hermosa Beach, California ATTEST - CITY CLERK APPROVED AS TO FORM: (K , Z L CITY ATTORNEY ACTIVITY IDENTIFICATION Location a. Address: city wide • Legal: N/A Description ext amendment to the zoning ordinance in regards to markets includin definitions and sale of alcohol. 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, provided the attached mitigation measures are included in the project, it would not have a significant effect on the environment. Documentation supporting this finding is on file in the Planning Department. -9-qLl- Date of Finding Review Committee FINDING OF THE PLANNING COMMISSION We have undertaken and completed an Environmental Impact Review of this proposed project in accordance with Resolution 89-5229 of the City Council of Hermosa Beach, and find that this project does not require a comprehensive Environmental Impact Report because, provided the attached mitigation measures are included in the project, it would not have a significant effect on the environment. Documentation supporting this finding is on file in the Planning Department. *—ate—olf Finding Chairman, Planning Commission FINDING OF THE CITY COUNCIL re have undertaken and completed an Environmental Impa t Review of this proposed project in accordance with esolution 89-5229 of the City Council of Hermosa Beac , find that this project does not require a comprehensive Environmental Impact Report because, provided the atta ed ati n measures are included in the project, it would not have a significant effect on the environment. Document tipn ¢rt' g tfinding is on file in the Planning Department. /0-11-rlY Date of Finding Mayor, Council LJ 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. 94-1118 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 October, 1994, and was published in the Easy Reader on October 20, 1994. • AYES: NOES: • 0 The vote was as follows: AB SENT AB STAIN lY r Bowler, Edgerton, Reviczky, Mayor Benz None Oakes None October 20, 1994 - - City Cleriml; PROOF OF PUBLICATION (2015.5 C.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 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 )pplement thereof on the following dates, to -wit: October 20 all in the year 1994. 1 certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at HERMOSA BEACH, CALIFORNIA, this 20thday of October , 1994. S)gnat 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 NO ER Ref No HBL-632 o r° CITY OF HERMOSA BEACH ORDINANCE 94-1118 WN ORDINANCE OF THE CITY OF HERMOSA BEACH CALIFORNIA, TO AMEND THE ZONING ORDINANCE IN REGARDS TO THE CONDITIONAL USE PERMIT REQUIREMENTS FOR OFF -SALE ALCOHOL ESTABLISHMENTS AND THE ADOPTION OF A NEGATIVE DECLARATION WHEREAS, the City Council held a public hearing on September 27, 1994 to consider oral and written testimony and made the following findings: A. Conditional Use Permits are required for all off -sale alcohol establishments regardless of what potential or foreseeable adverse impacts are reasonably associated with the operation of such establishments; B. Typically, the adverse impacts, such as noise, loitering, and drunkenness, which are associated with off -sale alcohol establishments occur late at night, and the impacts on nearby residences are also most severe and noticeable late at night; 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 fol- lows: SECTION 1. Amend the permit- ted use list for the C-2 restricted commercial zone, under Section 8.3, by deleting the classification of "alco- hot beverage establishments, on and off -sale.. "to establish two categories to read as follows: "Alcohol beverage establish- ments, on -sale, conditional use per- mit required pursuant to Section 10- 7" "Alcohol beverage establish- ments, off -sale, conditional use per- mit required to operate between the hours of 11:01 P.M. and 2:00 A.M., pursuant to Section 10-8" SECTION 2. Amend Section 10- 8, the title block, and the first para- graph to read as follows, by adding the underlined text: "Sec. 10-8. Off sale alcohol bev- erage establishments ooeh between thehoursof1101 P.M.and2.00A M Any new off -sale alcohol bever- age establishments open between the hoursof 11:01 P.M. and 2:00 A.M. the next day shall'be a minimum of one hundred (100) feet from any resi- dential use and/or zone." 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- paperof 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 lith day of October, 1994, by the following vote: AYES: Bowler, Edgerton, Reviczky, Mayor Benz NOES: None ABSTAIN: None ABSENT: Oakes 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 CITY ATTORNEY ER10-20-94/HBL-832 2 • 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 is 24 25 26 r 27 28 ORDINANCE NO. 94-1119 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA AMENDING CHAPTER 21 OFFENSES -MISCELLANEOUS, SECTION 21-23 OF THE HERMOSA BEACH MUNICIPAL CODE, REGARDING CONSUMPTION OF ALCOHOLIC BEVERAGES ON STREETS, PLAYGROUNDS OR PLACES OPEN TO THE PUBLIC. WHEREAS, the Hermosa Beach Municipal Code, Chapter 21 Offenses, Miscellaneous, Section 21-23. Consumption of alcoholic beverages on streets, playgrounds or places open to the public prohibits the drinking and opening of containers of alcoholic beverages upon any street, sidewalk or parkway, park playground, or in any public place, or in any place open to the patronage of the public, when not licensed for the consumption of such liquor, WHEREAS, the City Council is desirous of allowing consumption of alcoholic beverages on certain city owned outdoor public facilities subject to a permit approved by the City Council when requested by qualified nonprofit groups only; WHEREAS, the City Council is desirous of clearing up the ambiguity that currently exists regarding the licenses and permits required for fully enclosed city owned public facilities (i.e. buildings) and outdoor city owned public facilities; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That Chapter 21, "OFFENSES -MISCELLANEOUS" Section 21.23. Entitled "Consumption of alcoholic beverages on streets, playgrounds, or places open to the public" of the Hermosa Beach Municipal Code shall be and hereby is amended by adding additional subsections (g) and (h) to read as follows: "(g) The above provisions of (a) and (f) shall not apply to fully enclosed city owned public facilities (i.e. buildings) when a license has been obtained for the consumption of such liquor, (h) The above provisions of (a) and (f) shall not apply to outdoor city owned public 4- 2 • 3 4 s 6 7 8 9 10 11 12 13 •14 is 16 17 18 19 20 21 22 23 • 24 2s 26 27 28 facilities when a license has been obtained for the consumption of such liquor and when a permit has been approved by the City Council. Application for said permits may be made only by qualified nonprofit organizations. Guidelines for said permits shall be adopted by Resolution of the City Council and authority for permit issuance may be delegated to a particular Department of the City. if permit issuance is delegated to a particular Department of the City, appeal may be made to the City Council and a Hearing held thereon. The decision of the City Council shall be final." Section 2. That this ordinance shall take effect thirty (30) days after the date of its adoption. Section 3. That 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. PASSED, APPROVED AND ADOPTED this 25th day of October, 1994. by the following vote: AYES: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES: None ABSENT- None �� n ABSTAIN: Noae' President of the City Council -and Mayor of the City of Hermosa Beach, California ATTEST - City Clerk APPROVED AS TO FORM: 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. 94-1119 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 October, 1994, and was published in the Easy Reader on November 3, 1994. • The vote was as follows: AYES: Bowler, Edgerton, Oakes Reviczky, Mayor Benz NOES: None ABSENT- None ABSTAIN: None DATED: November 3, 1994 • 40-1 PROOF OF PUBLICATION (2015.5 C.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 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, 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 and entire issue of said newspaper and not in any upplement thereof on the following dates, to -wit: November 3 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 3rd day of November 1994. 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 HBL-634 0 'o r° CITY OF HERMOSA BEACH ORDINANCE NO. 94-1119 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFOR- NIA AMENDING SECTION 21-23OF THE HERMOSA BEACH MUNICI- PAL CODE, REGARDING CON- SUMPTION OF ALCOHOLIC BEV- ERAGES ON STREETS, PLAY- GROUNDS OR PLACES OPEN TO THE PUBLIC. WHEREAS, the Hermosa Beach Municipal Code, Chapter 2 Offenses. Miscellaneous, Section 21.23. Con- sumption of alcoholic beverages on streets, playgrounds or places open to the public prohibits the drinking and opening of containers of alco- holic beverages upon any street, side- walk or parkway, park playground, or in any public place, or in any place open to the patronage of the public, when not licensed for the consump- tion of such liquor, WHEREAS, the City Council is desirous of allowing consumption of alcoholic beverages on certain owned city property subject to a permit ap- proved by the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HER- MOSA BEACH, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. That Chapter 21, "OF- FENSES -MISCELLANEOUS" of the Hermosa Beach Municipal Code shall be and hereby is amended by adding an additional subsection (g) to Sec- tion 21-23. to read as follows: "(g) The above provisions of (a) and (f) shall not appy to the public property at the specific locations of Clark Stadium Field and Pier Avenue from Hermosa Avenue to the Strand, when a permit has been approved by the City Council." Section 2. That this ordinance shall take effect thirty (30) days after the date of its adoption. Section 3. That prior to the expi- ration 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 newspaperof general circulation pub lished and circulated in the City of Hermosa Beach. PASSED, APPROVED AND ADOPTED this 25th day of October, 1994 by the following vote: AYES: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES: None ABSENT: None ABSTAIN: None Robert Benz President of the City Council and Mayor of the City of Hermosa Beach, California ATTEST: - Elaine 04rflino City Clerk APPROVED AS TO FORM: Charles S. Vose City Attorney ER11-3-94/HBL-634 �)-16ffo /09/ u • • • r�