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HomeMy WebLinkAboutORD NO. 09-1300 (CONSISTENCY AMEND PARKING STANDARDS)2 3 4 5 6 7 8 9 to n 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 09-1300 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A ZONE TEXT AMENDMENT AND ZONE CHANGE FROM C-2 TO "SPECIFIC PLAN . AREA NO. 11" FOR PARCELS LOCATED NORTH AND SOUTH OF PIER AVENUE BETWEEN VALLEY DRIVE AND HERMOSA AVENUE, AND FOR CONSISTENCY AMEND PARKING STANDARDS AND STORMWATER CONTROLS AND CHAPTER 12 ENCROACHMENT PERMITS OF THE HERMOSA BEACH MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Sections 17.38.510 though 17.38.560 shall be added to Title 17 of the Hermosa Beach Municipal Code to read as follows: 17.38.510 Plan Area No. 11— Authority. This specific plan area is an instrument for implementing the general plan pursuant to Article 8, Chapter 3, of the state Planning and Zoning Law (California Government Code §65450 et seg.). 17.38.520 Plan Area No. 11 — Location and description. The subject area, known as 'Upper Pier Avenue', is located on the north and south sides of Pier Avenue between Valley Drive and Hermosa Avenue, within the downtown district. The area is designated as 'general commercial' on the official general plan map. 17.38.530 Plan Area No. 11— Purpose. The purpose of this specific plan area is to set forth the development requirements, standards and uses for the subject area for the following purposes: A. Create a pedestrian -oriented seaside village center of small-scale commercial establishments that attract and serve local residents, in addition to visitors. B. Protect the history and character of upper Pier Avenue and the city of Hermosa Beach. 09-1300 2 3 4 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. Retain a 'sense of place' with buildings of diverse character that have been constructed over time, reflecting use of local materials and changes in architecture and culture. The SPA- 11 zone is also intended to: A. Strengthen the city's economic base, and protect small businesses that serve city residents. B. Create a suitable environment for commercial uses and protect the available commercial land resources from change to noncommercial land uses and from the adverse effects of inharmonious uses. C. Minimize the impact of commercial development on adjacent residential districts. D. Ensure that the appearance and effects of commercial building and uses are harmonious with the character of a pedestrian -oriented seaside village. E. Ensure the provision of adequate off-street parking, loading and pedestrian amenities. F. Protect the environment, particularly air and ocean water quality, though green building, reduced greenhouse gas emissions, energy, materials and water conservation, water quality protection, and other sustainable measures. 117.38.540 Plan Area No. 11— Uses. A. General. The following permitted and conditional uses are intended to be consistent with the purposes of this zone. Uses that support pedestrian activity should be prominent, including day time uses that serve the local residents and community. For definitions of the listed uses see Section 17.04.050. "Pedestrian -oriented" means uses and activities that attract, accommodate and are highly visible to people who are walking. Most prominent on the ground floor are retail uses, restaurants or snack bars, and places for people to congregate, with offices, services and business services on second stories." B. Permitted and Conditional Uses. The following use classifications are allowed subject to the requirements of this section and zone. In the following matrix, the letter "P" designates I permitted use classifications. The letter "U" designates use classifications permitted by approval a 09-1300 I of a conditional use permit. Section numbers listed under "see section" reference additional 2 regulations located elsewhere in the zoning ordinance or this code, and others may apply. 3 4 In addition to the requirements in Chapter 17.40 of this Code, no conditional use shall be approved in 5 this Specific Plan Area unless the planning commission finds the use, and its location and design, are 6 consistent with the purposes of this zone. 7 8 P = Permitted 9 U = Conditional Use Permit (CUP) required (See Chapter 17.40) USE P or U See_ Section 10 Alcohol beverage establishments, on -sale (not including restaurants closing before ---- U 17.40.080 I t 10:00 p.m. serving only beer and wine) Alcohol beverage establishment, off -sale -- (closing at 11:00 p.m. or earlier) P 12 Alcohol beverage establishment, off -sale -- (open between 11:01 p.m. and 2:00 U 17.40.090 a.m.) 13 Aquariums, sales and supplies of marine life p 14 Art/antiques/curios gallery or shop p 15 -------- -- ------ ------. �--_------; - Audio/video equipment and supplies, sales and repair p 16 Bakery p 17 18 Banks and financial institutions !i p 19 Barber/beauty shop p 20 Books/news/magazines, sales p 21 Billiard or pool halls ! U 17.40.020 22 Clinic, dental and/or medical P 23 Clothing and wearing apparel sales and service p Copying and printing services and supplies p 25 ---- — Clubs, private U 11 17.40.020 26 Convention/meeting hall U 17.40.020 27 -----.....---- -.._-_.__ ------ —'1 Day nursery, preschool U 17.40.110 28 Dancing, customer p 3 o9-1300 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 USE P or U See Section Department stores (maximum 4,000 square feet of floor area on ground floor) p Department stores (more than 4,000 square feet of floor area on ground floor) U 17.40.020 Drugstore p Entertainment, live U 17.40.020 Florist or plant shop p Food and beverage market (maximum 4,000 square feet of floor area on ground floor) P Furniture/furnishings, sales and display p . Garden equipment, small, hand -operated, sales and rentals p Gymnasium/health and fitness center - - p Hardware/home improvement store p Hobby and craft supplies and service p Household appliances/office equipment, sales and repair p Interior decorating studio, store or shop p Florist or plant shop p Large day spa U 17.04.050 - — -' Laundry business and dry-cleaning (including self-service) p i Locksmith business Massage therapy business Messenger service Movie theaters 23 Museums 24 Music academy 25- Musical instruments, retail and repair 26 27 Offices, general P U 17.40.160 P Outdoor uses on private property: dining, merchandise displays, entertainment, or 17.40.020 28 special performances U 4 09-1300 1 2 3 4 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 P or U See Section Parking lots and /or structures U 17.40.020 Pet grooming, no overnight kennels P Photography (equipment sales and service, film processing, studio) p Printing and or publishing business, commercial p Restaurant (drive-in, drive-thru window, outdoor dining on public right-of-way or outdoor walk-up window on public right-of-way is not allowed) P Restaurant with on -sale alcoholic beverages limited to beer and wine, closing at 17.26.060 10:00 p.m. or earlier P Restaurant with on -sale alcoholic beverages, limited to restaurants with beer and wine closing later than 10:00 p.m. and restaurants with on -sale general alcoholic U 17.40.080 beverages Reverse vending machine(s) U 17.40.120 Secondhand merchandise, retail sales (pawn shops are prohibited) p Snack bar/snack shop P Sporting/recreational equipment sales, service, and rental P Supermarkets (more than 4,000 square feet of floor area on ground floor) U 17.40.020 Ticket broker/sales P Temporary outdoor uses in conjunction with special event: merchandise displays, 12.12.070 dining, entertainment, special performances, parades * - Tobacco store i P Toy store P Wireless communication facility U 17.40.170 Youth Hostel U 17.40.150 *Allowed by special permit approved by city council on public street/right-of-way pursuant to Section 12.12.070 and allowed on private property in conjunction with such special permit. C. Similar Uses Permitted. Use classifications not listed as permitted or conditional uses shall be prohibited unless the community development director finds the use consistent with the purposes of the zone, and similar to and not more objectionable than other uses listed, as provided in Section 17.26.040. 5 0M300 1 D. Nonconforming Uses and Structures. Nonconforming uses and structures shall be subject to 2 the provisions of Chapter 17.52, except as follows: 3 1. Residential uses. Residential uses in existence on the effective date of this section codified 4 in this chapter may continue, be remodeled or altered, provided that: 5 a. The number of dwelling units, floor area per unit, and number of bedrooms per unit 6 shall not be increased. 7 b. The continuation or alteration of residential uses located on the second story shall 8 remain limited to the second story, and no new residential uses shall be located on the q ground floor. 10 c. Alteration of buildings or portions of buildings used for residential uses shall conform 11 to the standards of this zone, excluding Sections 17.38.550(G) and (H). 12 13 2. Nonconforming buildings (excluding residential uses). 14 a. Structural removal. Although not required, removal and replacement of building 15 facades should conform to 17.38.550(G) and (H) to the extent feasible. Modification or 16 alteration of portions of a structure nonconforming to front yard requirements if 17 completely removed shall comply with the requirement to place buildings close to the is frontage line unless the community development director, or planning commission when a 19 precise development plan is required determines this requirement to be infeasible. 20 b. Expansion shall conform to the requirements of this zone, including requirements to 21 place buildings close to the frontage line. 22 11 c. Determination of compliance with this section shall be made by the community 23 11 development director. 24 25 3. Nonconforming use limits other uses. Conforming uses may be established on lots or in 26 buildings with nonconforming uses, unless the community development director or planning 27 commission determines that said uses are incompatible. 28 6 09-130I 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 17.38.550 Plan Area No. 11 — Development standards. A. Purpose. Development shall be sited, designed, operated and maintained in a manner that achieves and is consistent with the development standards and purposes of this zone. Provisions that are encouraged but not required are indicated with words such as should, encouraged, although not required, and if feasible. B. Uses Conducted within Buildings or Enclosures. All uses shall be conducted wholly within a building enclosed on all sides, except for the following: 1. Outdoor uses may be permitted by Conditional Use . Permit as stated in Section 17.38.540(B). 2. Uses incidental to a use conducted primarily within a building located on the premises, as determined by the community development director, provided that such incidental uses are not conducted in whole or in part on sidewalks, public ways or within any required yard; and that such incidental uses are of a type which cannot be economically or practically conducted within buildings. Where incidental uses are not conducted within a building, no part of the area devoted to the incidental uses shall be considered as part of the required parking facilities. All uses shall be substantially screened from public visibility, public streets, parks or other public places, and public properties. Uses within the meaning of this section include but are not limited to parking stalls, parking attendant booths, solid waste and other enclosures. 3. Commercial parking lots pursuant to a Conditional Use Permit as stated in Section 17.38.540(B). 4. Temporary outdoor merchandise display or outside dining in conjunction with a temporary outdoor event such as a sidewalk sale authorized by the City Council by special permit as set forth in Section 12.12.070. 7 09-1300 1 2 3 4 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. Location of Uses in Buildings - Incentives. Pedestrian -oriented uses are strongly encouraged to locate on the ground floor, fronting Pier Avenue. Service, office and other non -pedestrian oriented uses are encouraged to locate on the second story. When there is a mix of uses on the ground floor, the pedestrian -oriented uses should be located so that the building fapade, window displays and interior are highly visible to pedestrians on the public sidewalk. The planning commission may grant incentives to facilitate this pattern of uses pursuant to the procedures in this subsection. 1. Incentives. Deviation from one or more zoning standards that inhibit construction, alteration or expansion of a second story for non -pedestrian oriented uses, or inhibit location of pedestrian -oriented uses on the ground floor may be granted. Deviation from parking' requirements shall not be granted as an incentive. 2. Procedures. a. Applications for incentives filed with the community development department shall include a statement of incentives requested, statement of the specific relief that the incentive will provide, and fee adopted by the city. b. Procedures for the conduct of hearings, report of decision and findings, appeals, reapplication upon denial, and revocation shall be in accordance with Section 17.38.560(B). 3. Findings. a. In granting incentives, the planning commission shall make all of the following findings: i. The incentive(s) will facilitate the ability to locate pedestrian -oriented uses on the ground floor and/or offices or other non -pedestrian -oriented uses on the second story. ii. Any deviation from zoning standards is to the minimum extent necessary. iii. The incentives are consistent with the purposes of this zone. e 09-1300 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2s iv. The project will not involve demolition or significant alteration of a building that significantly contributes to the character of Upper Pier Avenue as determined by the commission. V. The incentives will not conflict with the provisions of, or be detrimental to, the general plan. vi. The incentives will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and this zone. b. The commission may place conditions on the granting of incentives to ensure that incentives granted will be implemented consistent with the findings of approval and do not otherwise constitute a grant of special privilege. D. Conservation of Existing Buildings - Incentives. The conservation and continued use and reuse of existing buildings that are iconic of and contribute to the character of upper Pier Avenue as a small-scale, pedestrian -oriented village with diverse architectural character is encouraged through the granting of incentives by the planning commission. Buildings need not be designated as historic landmarks pursuant to Chapter 17.53 in order to be eligible for the granting of incentives. 1. Incentives. Deviation may be granted from zoning standards, including parking requirements and in -lieu fees, that inhibit ability to retain, restore or reuse an existing building determined by the planning commission to be worthy of retention. Deviation from parking requirements may include: a. A parking credit for the existing or prior use may be granted when a non -restaurant use less than five thousand (5,000) square feet of gross floor area is changed to a restaurant use. b. Parking spaces for office uses located on a second story may be located not more than one -quarter (1/4) mile walking distance from the site, and/or on property not under the 9 09-130C 1 2 3 a 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 same ownership as such office use. Where the parking is located off -site, the owners shall file with the community development department a covenant approved by the city and recorded by the office of the Los Angeles County Recorder for the improvement and maintenance of the required parking facilities for the use specified. c. Building sites where buildings will exceed gross floor area to building site area ratio of one to one (1:1) may pay an in -lieu fee for all the required on -site parking spaces. d. Other parking modifications or reduction of in -lieu parking fees. 2. Procedures. a. Applications for incentives filed with the community development department shall include a statement of incentives requested, statement of the specific relief that the incentive will provide, evidence that the building is worthy of retention, and fee adopted by the city. b. Procedures for the conduct of hearings, report of decision and findings, appeals, reapplication upon denial, and revocation shall be in accordance with Section 17.38.560(B). 3. Findings. a. In granting incentives, the planning commission shall make all of the following findings: i. The conservation of the existing building will contribute to the character of upper Pier Avenue and advance the purposes of this zone set forth in Section 17.38.530, or the building has been designated by a state or federal agency or the city council as a landmark pursuant to Chapter 17.53. ii. The project will not result in significant alteration of the building. "Significant alteration" means changes or modifications that adversely alter, affect or destroy exterior architectural features or the essential elements that make the building worthy of protection. iii. Any deviation from zoning standards is to the minimum extent necessary. iv. The incentives are consistent with the purposes of this zone. 10 09-1300 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25, 26 27 28 V. The incentives will not conflict with the provisions of, or be detrimental to, the general plan. vi. The incentives will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and this zone. b. The commission may place conditions on the granting of incentives to ensure that the project and incentives granted will be implemented consistent with the findings of approval. The granting of parking incentives may be accompanied by reasonable requirements to provide additional pedestrian or other transportation amenities. The future significant alteration of the building shall not be approved by the city unless and until any fees waived or reduced by the city pursuant to this section have been paid. Parking incentives granted shall not be credited toward any future use of the property. An affidavit evidencing such conditions approved by the city and recorded by the office of the Los Angeles County Recorder shall be filed with the community development department. 4. Any waiver or reduction of in -lieu parking or other fees shall be in the form of a recommendation to the city council, which shall make the final determination pursuant to Section 17.38.560(B). E. Height and Number of Stories. Buildings shall be oriented and designed so as to improve the pedestrian environment and not overwhelm the sidewalk. 1. No building shall exceed a maximum height of thirty (30) feet. No building shall exceed two (2) stories. 2. Notwithstanding Section 17.46.010, no roof structure or element shall exceed the thirty (30) foot height limit; provided that antennas, satellite dishes and similar structures, solar energy systems, and single -pole umbrellas may exceed the height limit to the extent allowed by Chapter 17.46. 3. The ground floor of a two story building, or any one story building, shall not exceed sixteen (16) feet in height, provided that parapets and other screens to conceal rooftop apparatus and 11 09-1300 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 roof deck railings may exceed this limit to the minimum extent necessary as determined by the community development director. 4. The second story of buildings on the Pier Avenue frontage shall be set back a minimum of: a. Five (5) feet from the face of the ground floor facade along at least fifty (50) percent of the facade length, provided building height does not exceed twenty-five (25) feet; or b. Ten (10) feet from the face of the ground floor facade along at least fifty (50) percent of the facade length if building height exceeds twenty-five (25) feet. 5. The following shall not be counted as a story: a. Mezzanines that cover less than one-third of the floor area of the story immediately below it. Semi -subterranean floors not exceeding three (3) feet above the adjacent Pier Avenue sidewalk grade at any point within twenty (20) feet of the lot frontage line. This provision is intended to provide flexibility in design to accommodate to changes in slope and shall not supersede the requirements in Subsections 17.38.550(G)(2) and 17.38.550(G)(3) enabling storefront visibility to the pedestrian. Illustration of Height and Stories T30' max. height R (rooftop equipment and parapet wall ma;: 2 stc-es' E— 30' max. lit: 10' setback not to exceed 39 height limit) E 25' max, lit: 5' setback i i f19 max. height g-ecndlinor (12' min. v:thn 3 ci sdewd E— 3' max. projection, 8' min. dearance over sidewalk Mezzanine < 113 of floor area of ------ stay below not counted as story 20' 34 (semi satda-ranean floor riot a story it max. i moveAil acertsidekaakgrado °ithm27ofIcl tro ;age line (porons>20' Iran frontage line may exceed abovesdervdkgrace) ---------------------- l This graphic is intended to Wistrate standards and is not a substitute lorthe written test 12 09-1300 1 2 3 4 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. Building Location and Setback Requirements. 1. Front Yard: Buildings shall be located close to the front lot line along Pier Avenue as follows. Building facades shall be oriented approximately parallel to the Pier Avenue frontage so that the building facade, window displays and interior are highly visible to pedestrians on the public sidewalk as provided in this subsection. Buildings shall not be located more than six (6) feet distant from the Pier Avenue lot frontage along fifty (50) percent of the length of the frontage. The distance from the frontage. line may be increased up to twelve (12) feet for elements oriented to the pedestrian, such as prominent entryways, awning and gallery frontages, patios, benches, or planters with approved landscape to shade benches or the sidewalk. 2. Alley Setback. Setbacks shall conform to Section 17.44.130. 3. Rear and Side Yard Setback Adjacent to Residential Zones. a. A minimum rear and/or side yard setback of five (5) feet shall be provided, except where public rights -of -way twenty (20) feet or greater in width separate the site from the residential zone. b. Existing commercial buildings that do not comply with residential setback requirements shall not be considered nonconforming, and may be remodeled or expanded as long as new construction conforms to the requirements of this zone. (SEE DRAWING ON NEXT PAGE) 13 09-1300 1 2 Illustration of Setbacks and Site Layout 3 4 commercial zone residential zone — alley or 5 O'sideiisarseib 0. 5'min. secondary street 6 7 screen trash min. 5' vdde walkways from sUeeV g (maybe reduced itinfeasil le; dwellings oYiyeway:30min. from Pier Ave. j 9 parking t0 eAsbng parking tt 12 min. 30'high 3'-8' siondearance 13 slreetscreen _ lot frontage _above curb grade 14 6 max. setback, 10, minimize 12' max, pahoslenlrances, etc. 15 driveway width (along 50%of tentage) sidewalk ------- Pier Avenue 16 This graphic is intended to illustrate standards and is not a substitute for the written text. 17 18 19 20 21 G. Storefront Frontages. Building facades fronting Pier Avenue shall be designed as storefronts 22 to facilitate pedestrian activity. 23 .24 1. Facades shall have a prominent entryway easily accessible from the sidewalk and 25 compliant with the Americans With Disabilities Act of 1990, as amended. 26 27 Although not required, primary entrances are encouraged be situated at the corner of buildings 28 located at street intersections. 14 09-130( 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i Awning Gallery The first story of buildings located within three (3) feet of the sidewalk shall be a minimum height of twelve (12) feet above sidewalk grade to accommodate awning or gallery frontage types. Projections over the sidewalk shall provide a minimum of eight (8) feet of vertical clearance from the sidewalk, and not extend closer than two (2) feet to the curb, and are subject to approval of an encroachment permit as set forth in Chapter 12.16. Although not required, awning or gallery frontage types are encouraged along Pier Avenue to provide shade and building articulation. The planning commission may require awning frontage types in conjunction with a precise development plan. 2. Doors fronting Pier Avenue shall be at sidewalk grade or at finished grade of the adjacent access way, spaced on average no farther than thirty (30) feet apart, and operable. Openings between buildings with publicly accessible walkways leading to courtyards, businesses or alleys may be counted as doorways when calculating this spacing. Out -swinging doors or windows encroaching on the sidewalk require approval of an encroachment permit as set forth in Chapter 12.16 Door walls and features that open to the sidewalk creating accessibility and visibility to the pedestrian are encouraged but not required. 3. On the ground floor facade fronting Pier Avenue, glazing shall cover at least seventy (70' percent of that area of the facade located between three (3) feet and eight (8) feet in height "Glazing" means a transparent part of a wall, typically made of glass or plastic. Minor 15 09-130 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 modifications to the location of glazing on the faeade may be approved by the community development director to maximize visibility for the pedestrian on the sidewalk. Glazing shall be substantially transparent (e.g., 90% light transmission). Specialty windows may use stained or opaque glass. Buildings located at street corners are encouraged but not required to continue the glazed area on the elevation facing the secondary frontage. Illustration of Storefront Frontages screen rooftop Dements first & second story canopies,vdeinter ound floc' ] patios provitle interest = _ i l _ c /.. j '.... O OI - -- 3-8' O o- ___ - operable doors spaced 30' on average door at corner/ sidewalk 9 setback preferreN zero -step entrance continue glazing around corner M: y,apbtn t, taranden a unstouc siandams and u ,ora subs(/lute kr Poe written tart H. Other Architectural Standards. The architectural character of Pier Avenue reflects Hermosa Beach's locale and historic development patterns. Consistent with Hermosa Beach's eclectic architecture, compatibility and variety, among styles and elements, rather than uniformity, is desirable along Pier Avenue. 1. Building mass, facades and roof lines shall be varied and articulated to reduce the appearance of bulk and mass, and maintain pedestrian scale and visual interest from the public sidewalk. Long, straight facades and blank elevations visible from Pier Avenue are not allowed. Facades and elevations shall be designed with openings and elements that provide relief or articulation, incorporating one or more of the following: cornices, parapets, eaves, 16 09-1300 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 awnings or canopies, balconies, entry or patio insets, or similar features. Second stories shall incorporate windows and one or more architectural elements (e.g., balconies, planter boxes, awnings). All exposed elevations, including rear and side elevations, shall be designed for compatibility. 2. Franchise architecture conflicts with local character and is not allowed. "Franchise architecture" means building design that is trademarked, branded or identified with a particular chain, corporation or business. Franchise architecture can be avoided by altering, scale, proportion, branded element locations, colors, or incorporating locally recognizable elements. This provision does not prohibit chain, franchise or formula businesses within the specific plan area. Surfaces shall be painted, treated or otherwise exhibit a finished look. Multiple storefronts with a common facade or appearance shall be coordinated, but should not be identical. Synthetic material, such as hardboard siding, shall very closely simulate the natural material and have equal or better weathering characteristics. Exposed concrete block, corrugated metal, chain link fencing, and similar materials that present an unfinished or industrial look shall not be used on any building or wall visible from a public street or alley, except as accents. Although not required, exterior colors should be characteristic of natural building materials and compatible with the surroundings, without being identical. Vandalism resistant finishes are preferred. 3. Elements of poor visual quality (e.g., rooftop mechanical devices, loading, service areas, utilities) shall be sited, designed and screened compatible with site elements to minimize visibility from Pier Avenue. Siting, design and screening shall also minimize visual, noise and air quality effects on nearby residential uses. Flat roofs shall be enclosed by parapets a minimum of forty-two (42) inches high to conceal rooftop apparatus; rooftop elements and 17 09-130( 1 2 3 4 5 6 7 a 9 10 11 12 13 14 1s 16 17 18 19 20 21 22 23 24 25 26 27 28 structures and their screening shall not exceed the height limit, provided that antennas, satellite dishes and similar structures, solar energy systems, and single -pole umbrellas may exceed the height limit to the extent allowed by Chapter 17.46. 4. Solar orientation. Projects that require a precise development plan shall incorporate the following elements to facilitate passive and active solar energy use unless found by the planning commission to be infeasible or inapplicable due to site conditions: a. Design and orientation to accommodate solar collection systems. b. Install cool roofs. c. Install deciduous vegetation, overhangs, awnings or other features to protect southwest faces and/or improvements to moderate interior temperatures. Although not required, smaller projects should be designed to maximize opportunities for passive and active solar energy use. 5. Accessibility and visitability. a. Design and operation of development 'shall comply with the Americans With Disabilities Act of 1990 as amended and to the extent practical other requirements that facilitate physical accessibility for all persons, such as universal design principles. b. Projects that require a precise development plan shall incorporate the following elements to maximize accessibility to all persons unless found by the planning commission to be infeasible due to site conditions. A minimum of one (1) zero -step entrance to each building from an accessible path from the sidewalk and handicap parking space to the front, side or rear of each building shall be provided. All ground floor interior doors (including bathrooms) shall provide at least thirty-two (32) inches of clear passage. One half -bath (toilet and sink) shall be provided on the ground floor of each building. 18 09-1300 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 Although not required, smaller projects including second story businesses and facilities, should maximize accessibility by incorporating the elements above. II. Circulation and Parking. Development shall be designed to maximize pedestrian' circulation among buildings, lots, and the street, coordinated with vehicular circulation. 1. Accessible sidewalks and pedestrian ways a minimum of four (4) feet wide shall be provided connecting buildings with the street, parking and other buildings. Pedestrian ways not illuminated by street lighting fixtures shall be provided with security lighting. Pedestrian ways for projects that require a precise development plan shall be increased to five (5) feet in width unless the planning commission determines the requirement to be infeasible. 2. Parking location. Parking lots and parking structures shall be screened from visibility from Pier Avenue by buildings, and be accessed from alleys or secondary streets where available. New curb cuts on Pier Avenue shall not be allowed. Driveway and garage encroachments on alley or secondary street frontages shall be located at least thirty (30) feet from the Pier Avenue lot frontage line. Encroachments shall not exceed the required minimum width of nine (9) feet per lane. Directional signage to parking not readily visible from Pier Avenue shall be provided not to exceed a total area of four square feet per face and ten feet from grade to the highest portion of the sign body. 3. Surface parking lots. Surface parking visible from Pier Avenue shall be screened by buildings or by streetscreens (landscape that provides screening, fences or walls, or combination thereof) in compliance with the following requirements. a. Streetscreens shall be a minimum height of three (3) feet compatible with building or site elements. Streetscreens exceeding three (3) feet, but not more than four (4) feet in height, may be allowed at the discretion of the community development director or m 09-1300 1 2 3 4 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 if at least thirty (30) percent permeable (e.g., openings encompassing 30% of the face) and well articulated to avoid a walled effect, and provided vision clearances set forth in Section 17.46.060 are maintained. b. Streetscreens incorporating planters shall comply with Subsection 17.38.550(L). c. Streetscreens shall have openings no wider than necessary to accommodate required driveways and pedestrian access ways. d. Streetscreens shall be installed in conjunction with development or redevelopment exceeding five hundred (500) square feet of floor area or lot area. 4. Parking structures. Parking structures shall be located to the rear of buildings fronting Pier Avenue. Monotonous, blank or unarticulated elevations, or levels with exposed parking shall not be visible from Pier Avenue, and visual effects to adjacent residential use shall be minimized. Mass, elevations and parked cars may be visually masked through design, stair towers, canopies and other screening techniques. Signs or other warning devices shall be installed at semi -subterranean garage entrances/exits to protect pedestrians. Ventilating systems shall be located and insulated to minimize noise and air quality impacts to surrounding uses, particular residential uses, to the satisfaction of the community development director. 5. Secure bicycle parking facilities shall be supplied at the rate of one (1) space per seven (7) employees or three thousand (3,000) square feet of floor area. Bicycle facilities installed onsite shall not be placed within required pedestrian ways. Where facilities cannot be accommodated onsite as determined by the community development director or planning commission, the developer shall pay a commensurate fee adopted by the city for the provision and installation of bicycle parking facilities along Pier Avenue in a manner determined by the public works director. `Secure' facilities means firmly attached devices in well -lit locations, protected from rain if feasible. 20 09-1300 1 6. Off-street parking requirements shall otherwise conform to Chapter 17.44, including those 2 applicable to the downtown district, except as modified by the granting of incentives as set 3 forth in Section 17.38.550(D). 4 5 1 J. Pedestrian Amenities. Pedestrian amenities are desirable for the comfort and security of 6 pedestrians. "Pedestrian amenities" mean any facility or feature that facilitates or increases 7 the desirability of walking, such as sidewalks and pedestrian ways, canopies or shade trees, 8 outdoor places for pedestrians to congregate, seating, and security lighting and signage 9 designed at the human scale and oriented to people walking. 10 11 _ 1. Pedestrian amenities shall be provided in conjunction with the development or 12 redevelopment exceeding five hundred (500) square feet of floor area or lot area. The 13 planning commission may require additional pedestrian amenities related to the type or 14 intensity of use in conjunction with a precise development plan, conditional use permit or 15 11 parking plan. IR 17 2. One (1) bench visible from and accessible to the sidewalk and one (1) tree with irrigation 18 to shade the sidewalk for each fifty (50) feet of lot frontage on Pier Avenue shall be supplied. 19 Where frontage is less than fifty (50) feet, these amenities are not required. Where the 20 amenities cannot be accommodated onsite as determined by the community development 21 director or planning commission, the developer shall pay a commensurate fee adopted by the 22 city for provision and installation of such amenities along Pier Avenue as determined by the 23 public works director. 24 25 I K. Signs. Signs shall conform to Chapter 17.50, including standards for commercial zones, and 26 specifically the C-2 zone. The following signs are additionally allowed: 27 28 21 09430( 1 2 3 4 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. Wall signs. One (1) wall sign per building may be located on a secondary frontage when there is no entrance/exit open to the public, not to exceed six (6) square feet in area. 2. Projecting signs. One (1) additional nonilluminated projecting, arcade or hanging business identification sign for each business visible to pedestrians is permitted to be hung over or near an entryway. The sign shall not exceed six (6) square feet per face. Signs projecting over the public sidewalk shall be located at least eight (8) feet in height above the sidewalk and not project outward more than three (3) feet, subject to approval of an encroachment permit as set forth in Chapter 12.16. L. Landscaping. Landscaping shall be designed and employed on the site to shade pedestrian ways, conserve energy and reduce urban heat absorption, retain onsite and filter rain water, and enhance the overall project including building design and the streetscape. 1. Existing trees and plants shall be protected, unless determined by the community development director or planning commission to be infeasible. 2. All lot areas not encumbered by buildings, required parking, and amenities required by this zone shall be landscaped and, permanently maintained in an attractive manner. Projects for which a precise development plan is required shall provide a minimum of two (2) percent of the lot area in landscape unless a reduced percentage is authorized by the planning commission. In addition, new development and redevelopment of at least five hundred (500) square feet of the surface area of the lot shall in the development area provide landscape, or increase conformance of existing landscape on the lot with this subsection, unless the community development director determines it to be infeasible. 3. Landscape may consist of lot perimeter, streetscreen, parking lot median, and other planters a minimum of four (4) feet wide, installed with live plants, compliant with the requirements of this section. One (1) five -gallon shrub shall be provided for each twenty (20) square feet of landscaped area. Adjacent to residential zones, the required rear and/or side 22 09-1300 1 yard area shall be provided with a minimum five (5) foot wide planter strip landscaped with a 2 minimum of one twenty-four (24) inch or fifteen (15) gallon size specimen tree for every ten 3 (10) feet of length, unless an alternative consistent with the provisions of this subsection (L) is 4 approved by the community development director or planning commission. 5 6 One (1) tree with irrigation to shade the sidewalk for each fifty (50) feet of lot frontage on Pier 7 Avenue, coordinated with street tree spacing, except as provided by subsection (J). s 9 4. Landscape areas shall consist of at least seventy-five (75) percent pervious materials. 10 Planting beds shall be mulched to a depth of two (2) inches or greater, and installed with live 11 plants. Landscaping shall be perpetually maintained, trimmed and void of weeds. Landscape 12 shall not impair vehicular sight distance or encroach on the public right-of-way or pedestrian 13 ways. 14 5. Landscape shall consist primarily of species tolerant of drought and urban site conditions 15 (e.g., constrained root area, compacted soil, reflected heat, urban runoff) and other localized 16 site elements. No species listed by the Invasive Plant Inventory of the California Invasive 17 Plant Council or equivalent authority accepted by community development director shall be 18 planted. 19 Trees species installed in planters adjacent to the public sidewalk shall be subject to the 20 approval of the public works director. 21 Although not required, native species should be used, deciduous trees should be used to shade 22 southern and western exposures unless equivalent energy conservation features are employed, 23 and species selected should not exceed thirty (30) feet in height at maturity under local site 24 conditions. 25 6. All landscaped areas shall include an automatic water -conserving irrigation system thal 26 adjusts for hydrozones and seasons. Reclaimed water shall be used when available. Plan 27 shall demonstrate a water budget that conforms to the California Department of Wate1 28 Resources' `Model Water Efficient Landscape Ordinance' or a local ordinance, whichever is stricter. 23 09-130 2 7. Six (6) inch high raised curbs shall be provided along the perimeter of all landscaped areas 3 except on the side abutting building walls or fences. Modifications for stormwater and urban 4 runoff management (e.g., curb inlets, at -grade planters) may be allowed to specifications 5 approved by the building official or city engineer as applicable. 6 8. Landscape plans and irrigation systems shall be reviewed and approved by the community 7 development director. 8 9. The planning commission may require additional or alternative measures in conjunction 9 with a precise development plan or conditional use permit to further the purposes of this 10 section and ensure that landscaping is compatible with the scale and design of the streetscape 11 and site elements. 12 M. Lighting. Lighting standards are intended to promote energy conservation and reduce the 13 adverse effects of lighting on health and safety, neighboring uses, nocturnal environments and 14 enjoyment of the nighttime sky, while providing appropriate light for safety and security. 15 16 1. Walkways, entrances, pedestrian spaces and parking facilities shall be adequately lit for 17 safety and security. All lighting installations shall be designed and installed to be high- 18 efficiency, fully shielded (full cutoff) and down cast (emitting no light above the horizontal 19 plane of the fixture), and shall have a maximum lamp wattage of two hundred fifty (250) watts 20 incandescent for commercial lighting, and one hundred (100) watts incandescent or twenty-six 21 (26) watts compact fluorescent for residential lighting. Light fixtures shall not create glare, 22 spill beyond the property lines or shine toward the night sky. Yellow spectrum lamps such as 23 sodium lamps are prohibited on private property. Exceptions are allowed to comply with 24 building, fire and city codes, and for signs, shielded landscape lighting not more than three (3) 25 feet above grade, and temporary holiday or similar lighting. 26 27 2. Exterior lighting, excluding security lighting not more than three (3) feet above grade, shalt 28 be extinguished within one hour after close of business. Automated external lighting control; shall be used to extinguish lights prior to dawn. 24 09-1301 1 2 3 4 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. Light fixtures shall be designed and installed so the light is reflected away from any dwelling unit and the lamp bulb is not directly visible from within any residential unit. 4. Lighting fixtures shall be designed and installed so that lamp bulbs are not directly visible to and do not shine into the eyes of pedestrians on sidewalks or pedestrian areas. 5. The planning commission may require more restrictive measures in conjunction with a precise development plan or conditional use permit to further the purposes of this section and ensure that lighting is appropriate to its purpose, and compatible with the scale and design of the streetsgape and site elements. N. Stormwater and Urban Runoff Pollution Control. In addition to the stormwater and urban runoff pollution control regulations in Chapter 8.44, development and redevelopment creating or adding at least five hundred (500) square feet of impervious surfaces shall submit and implement a stormwater management plan of best management, good housekeeping, structural and treatment practices that are practical and feasible as determined by the public works director or building official as applicable, considering: 1. Use of pervious surfaces and/or reduction of hardscape (e.g., patios, parking stalls, landscape). 2. Onsite stormwater infiltration (e.g., drains to pervious surfaces, rain barrels, curb inlets to below or at -grade planters, drainage basins, filters). 3. Other measures set forth in Sections 8.44.060 through 8.44.095. O. Applicability of other standards. All other development standards shall be governed by the city zoning ordinance. When uncertainly over applicability of requirements exists, standards applicable to commercial development, and more specifically the C-2 zone, shall apply; provided that the regulations in Chapter 17.26 do not apply unless specifically referenced within the 25 09-1300 1 2 3 4 5 6 7 8 9 10 11 12 13 14 . 15 16 17 18 19 20 21 22 23 24 25 26 27 28 regulations for this zone. P. Green Building Standards. Although the following standards are not required, applicants are encouraged to incorporate other green site and building elements into development projects, to minimize the impact of development and building on the environment, its occupants and the community, such as: 1. Incorporate water quality and stormwater control measures such as those in Chapter 8.44 1 (Stormwater and Urban Runoff Pollution Control Regulations). . 2. Reduce energy use and exceed the minimum energy standards of the California Energy Standards (Title 24, Part 6, California Code of Regulations) by at least fifteen (15) percent. 3. Utilize recycled materials and exceed the demolition/construction recycling requirements by at least fifteen (15) percent. 4. Install solar collection and/or solar hot water heating systems. 5. Utilize measures for healthy interior environments (e.g., low volatile organic compound finishes, flooring, cabinetry.) 6. Install grey water recycling systems and/or use of available reclaimed water. 7. Compliance with GreenPoint Rated Checklist (Build -It Green), Leadership in Energy and Environmental Design (LEED), International Code Council (ICC 700) National Green Building Standard, California Green Building Standards Code (California Code of Regulations, Title 24, Part 11) or comparable green rating system measures as determined by the community development director, as applicable or adapted to commercial development. 26 09-1300 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Projects for which a Leadership in Energy and Environmental Design (LEED)'Certified' standard, or other equivalent as determined by the community development director, is demonstrated shall be eligible for priority permit processing, promotion on the City's green building website, use of City -approved green building logo as part of allowed construction signage and in its promotional materials, and other green building incentives which may be adopted by the City and made applicable to this zone. 1 17.38.560 Plan Area No. 11— Procedures. A. Procedures Generally. Procedures for conditional use permits, variances, precise development plans, zone changes, amendments, parking plans, signs, development agreements, determination of legality of nonconforming residential buildings, and other entitlements under this title shall apply, except as specified within the regulations for this zone. B. Request for Incentives. Applications requesting incentives provided for in Sections 17.38.550(C) and 17.38.550(D) shall additionally conform to the following procedures: 1. Public comments or hearing. The applicant shall provide notice a minimum of ten (10) days before a hearing on an application for request for incentives. The method of notice shall be established by resolution of the city council. The date of the hearing shall be set by the community development department. The date must be a minimum of ten (10) days and a maximum of forty (40) days from the date the application is accepted as complete. 2. Report of decision and findings --Disposition of report. The planning commission shall issue the report of decision and findings for requests for incentives. The written report shall be issued within forty (40) days of the conclusion of the hearing on the request for incentives application. The report shall include a decision granting, denying or granting with conditions the request for incentives, the required findings, and an indication that the planning commission's decision shall become final if not appealed within fifteen (15) days of the 27 09-1300 1 2 3 4 5 6 7 8 9 10 rt 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 issuance of the report of decision and findings. A copy of the report of decision and findings shall be sent to the name and address shown on the application. Reports shall be numbered consecutively in the order of filing, and kept as a permanent record. Notwithstanding, the commission's decision on any request for a reduction in or waiver of in - lieu parking fees or other fees required by the city shall be in the form of a resolution of recommendation to the city council. The council shall conduct a duly noticed public hearing a maximum of forty (40) days following receipt of the resolution from the planning commission, public notice of which shall be given at least ten calendar days prior to said hearing in accordance with requirements established by resolution of the council. The council's decision shall be final and conclusive. A copy of the report of decision and findings shall be sent to the name and address shown on the application. 3. Appeals --Filing, fees procedure. Appeals of the Planning Commission decision shall be in writing, including the specific areas of disagreement with the planning commission's decision. Fees for appeals will be established by resolution of the city council. Appeals shall be filed with the city clerk's office in writing within fifteen (15) days of the planning commission's issuance of a report of decision and findings. When an appeal is filed, the planning commission shall transmit the record of the case to the city council. The city council shall conduct a public hearing in accordance with Chapter 17.68 (applying the procedures applicable to variances). Such hearing shall be held within forty (40) days of the council's receipt of the written appeal. The city council shall announce its findings within sixty (60) days of the hearing, unless good cause is found for an extension. The council may incorporate by reference the findings of the planning commission. The council's action shall be final. Within thirty (30) days of its final decision, the city clerk shall mail notice to the applicant and appellant. A copy of this notice shall be included in the planning commission's permanent files. 28 09-130( t z 3 4 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. Reapplication upon denial. After the denial of a request for incentives has become final, no further application for the same request for incentives shall be filed for the same property for the ensuing six (6) months, unless the project has been redesigned so as to eliminate the planning commission's or city council's previous objections to the project. Said redesign will require a new application process. 5. Revocation Causes —Hearing. Any incentives granted may be revoked by the planning' commission for any of the following causes: a. That any term or condition has not been complied with. b. That the property for which the incentives have been granted is used or maintained in violation of any statute, law, regulation or condition of approval. c. That the project or use for which the incentive was granted has not been exercised for at least twelve (12) consecutive months, or has ceased to exist, or has been abandoned. d. That the project for which the incentives were granted has been so exercised as to be detrimental to the public health or safety or so as to constitute a nuisance. A hearing to show cause why the incentives should not be revoked shall be held by the approving body prior to the revocation of any incentives granted. SECTION 2. Section 17.06.010 of the Hermosa Beach Municipal Code shall be amended by amending the introductory paragraph and adding Specific Plan Areas to the list of zones as follows: 17.06.010 Names of zones. In order to classify, regulate, restrict and segregate the uses of land and buildings, to regulate and restrict the height and bulk of buildings and to regulate the area of yards and other open spaces about buildings and to regulate the destiny of population, sixteen (16) classes of zones are by this ordinance established to be known as follows: 29 09-130C 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 SPA Specific Plan Areas SECTION 3. Section 17.44.120 of the Hermosa Beach Municipal Code shall be I amended to read as follows: 1 17.44.120 Driveways. Off-street automobile parking facilities shall be provided with driveways providing vehicular I access to such facilities from a public street or alley as follows: A. The minimum driveway width shall be nine (9) feet, clear of all obstructions. B. All driveways and parking spaces shall be paved with not less than six (6) inches of portland cement concrete, except that when supported by a selected rock base which is acceptable to the chief building inspector for the type of soil upon which it is constructed, driveways may be paved with a minimum of three (3) inches of asphaltic concrete. Pervious concrete or similar material and drainage facilities may be alternatively installed for driveways and parking areas, or portions thereof, to specifications approved by the building official and/or city engineer as applicable. Where practicable, surface runoff shall drain into an adjacent pervious area on the property to maximize infiltration. C. All such driveways for vehicular access to parking spaces provided for any residential use shall be located wholly on the same lot as the parking spaces for which such driveway provides access, except in the -case of common driveways. In the case of common driveways, easements of five feet on adjoining properties may be combined to create a driveway ten (10) feet in width. Where access to required off-street parking spaces is via a common driveway, the owner shall file with the building department an affidavit recorded by the office of the Los Angeles County recorder that joint easements exist for the purpose of the driveway. D. No driveway providing access to any off-street parking space or garage shall have a slope greater than twenty (20) percent; provided, that any ramp slope in excess of twelve and one-half (12-1/2) co 09-1300 2 3 4 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 includes transitions on each side with a minimum length of eight (8) feet and a maximum slope of one-half (1/2) the maximum ramp slope, in accordance with the driveway grade standards set forth below; further, any area used for guest parking shall have a maximum slope of twelve and one- half (12-1 /2) percent. SECTION 4. Section 17.44.160 of the Hermosa Beach Municipal Code shall be amended to read as follows: 17.44.160 Required improvement and maintenance of parking area. Every lot or area used for a public or private parking area shall be developed and maintained in the following manner: A. Surface Parking Area. 1. Off-street parking areas shall be paved with not less than three (3) inch asphaltic or six (6) inch portland cement concrete surfacing and maintained so as to eliminate dust or mud and shall be so graded and drained as to dispose of all surface water. Pervious material with drainage facilities may be alternatively installed for driveways and parking areas, or portions thereof, to specifications approved by the building official or city engineer as applicable. Where practicable, surface runoff shall drain into an adjacent pervious area on the property to maximize stormwater retention and filtration. In no case shall drainage be allowed across sidewalks or driveways, except residential use. 2. Designated parking spaces shall be indicated with paint or approved stripping material on the surface of the parking area. B. Border Barricades, Screening and Landscaping. 1. Off-street parking area that is not separated by a fence from any street, alley or property line upon which it abuts, shall be provided with a suitable concrete curb or timber barrier of dressed dimension stock not less than six inches in height, located not less than two feet from such street or alley property lines, and such curb or barrier shall be securely installed and maintained; provided no such curb or barrier shall be required across any driveway or entrance to such parking area. Modifications for stormwater and urban runoff management (e.g., curb inlets) may be allowed to specifications approved by the building official or city 31 09-1300 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 engineer as applicable. Where practicable, surface runoff shall drain into an adjacent pervious area on the property to maximize infiltration. 2. Any unenclosed off-street parking area abutting property located in one of the R zones shall be separated from such property by a solid masonry wall six (6) feet in height measured from the grade of the finished surface of such parking lot closest to the contiguous R zone property; provided, that along the required front yard, the solid masonry wall shall not exceed forty-two (42) inches in height. No such solid masonry wall need be provided where the elevation of that portion of the parking area immediately adjacent to an R zone is six (6) feet or more below the elevation of such R zone property along the common property line. I C. Lighting. Light fixtures shall be high -efficiency, fully shielded (full cutoff) and down cast (emitting no light above the horizontal plane of the fixture), and not create glare or spill beyond the property lines. Any lights provided to illuminate any off-street parking area or used car sales area permitted by this ordinance shall be arranged so the light is reflected away from any street or premises upon which a dwelling unit is located and the lamp bulb is not directly visible from within any residential unit. D. Entrances and Exits. The location and design of all entrances and exits shall be subject to the approval of the city engineer. E. Traffic Circulation. Traffic circulation within off-street parking facilities except for residential parking shall be designed to ensure that no automobile need enter a major street in order to progress from one aisle to any other aisle within the same parking lot, or enter such major street backwards in order to leave such lot. If such circulation is not otherwise possible, a turnaround area within such lot, not less than thirty (30) feet in diameter, shall be provided. Directional signs or markings shall be provided in all facilities in which one-way traffic has been established. 32 09-1300 1 2 3 4 s 6 7 s 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 2s 26 27 28 F. Authorized Vehicles. In all residential zones, parking spaces shall be maintained free and clear and utilized solely for the parking of authorized vehicles (obstructive storage prohibited). "Authorized vehicles" shall mean automobiles, motorcycles, light trucks and vans not exceeding one and one-half ton capacity. Trailers, boats, recreational vehicles, motor homes, campers (not mounted to a motorized vehicle), tractor trucks and inoperable vehicles are prohibited. SECTION 5. Section 12.16.010 of the Hermosa Beach Municipal Code shall be amended to read as follows: 12.16.100 Commercial Outdoor Dining -- Exception for Pier Avenue. Notwithstanding the provisions of Section 12.16.060 and 12.16.090, a conditional use permit shall not be required for commercial outdoor dining on Pier Avenue between Pacific Coast Highway and the Strand, -excluding Specific Plan Area No. 11 (Upper Pier Avenue) wherein outdoor dining on the public right of way is not allowed, as long as the conditions set forth in Section 12.16.090 are satisfied and the outdoor dining facility complies with design standards adopted by resolution of the City Council. SECTION 6. Subsection 3 of Section 12.16.080 of the Hermosa Beach Municipal Code shall be amended to read as follows: (3) Vehicular street (applicable only to those streets): a. Fences shall not exceed a maximum height of forty-two inches (42"). b. Encroachments shall not be placed over an existing or planned sidewalk. c. Encroachment permits for new curb cuts for ingress/egress on Pier Avenue between Valley Drive and Hermosa Avenue shall not be granted. SECTION 7. Based on the foregoing, the Zoning Map is hereby amended to redesignate the property north and south of Pier Avenue, between Hermosa Avenue and Valley Drive, shown in Exhibit "A" attached hereto and incorporated by reference, from C-2 (General Commercial) to Specific Plan Area No. 11. SECTION 8. Pursuant to the Title 14 of the California Code of Regulations, the project will result in a less than significant impact on the environment for the reasons stated in the 33 09-1300 1 2 3 4 5 6 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2s Jegative Declaration and Initial Study, a Negative Declaration has been prepared in accordance with the California Environmental Quality Act, and the Department of Fish and Game has made a 'No Effect Determination" that the project will not impact fish or wildlife or the habitat on which t depends, and the project is consistent with the General Plan and zoning code as stated in the Vegative Declaration. The Negative Declaration is hereby adopted. SECTION 9. This Ordinance shall become effective and be in full force and in effect from and after thirty (30) days of its final passage and adoption. SECTION 10. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge must be made within 90 days after the final decision by the City Council. SECTION 11. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this Ordinance to be published in the Easy Reader, a weekly newspaper of general circulation published and circulated, in the City of Hermosa Beach in the manner provided by law. SECTION 12. The City Clerk shall certify to the passage and adoption of this Ordinance, shall enter the same in the book of original Ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 12th of May 2009 by the following vote: AYES: DiVirgilio, Keegan, Reviczky, Tucker, Mayor Bobko NOES: None ABSENT: None ABSTAIN: None TTEST: Council and MAYOR of the City of Hermosa Beach, California 34 09-130( I� H .sm STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF HERMOSA BEACH 1, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do hereby certify that the foregoing Ordinance No. 09-1300 was duly and regularly passed, approved and adopted by the City Council of the City of Hermosa Beach at a regular meeting held at the regular meeting place thereof on the 12th of May 2009, and said ordinance summary was published in the Easy Reader newspaper on May 21, 2009. The vote was as follows: AYES: DiVirgilio, Keegan, Reviczky, Tucker, Mayor Bobko NOES: None ABSENT: None ABSTAIN: None DATED: May 26, 2009 City Clerk.