HomeMy WebLinkAboutPC Resolution 23-18 - Zone Text AmendmentCITY OF HERMOSA BEACH
PC RESOLUTION NO. 23-18
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA RECOMMENDING CITY COUNCIL
APPROVE ZONING TEXT AMENDMENT (TA23-02) CONSISTING OF CHANGES
TO TITLE 17 OF THE HERMOSA BEACH MUNICIPAL CODE (ZONING ORDINANCE),
AND MAKE A DETERMINATION THAT THE ZONING TEXT AMENDMENT IS
CONSISTENT WITH THE PLAN HERMOSA ENVIRONMENTAL IMPACT REPORT
IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, on August 8, 2023, the City Council conducted a public hearing
and adopted the revised 2021-2029 Housing Element; and
WHEREAS, State law now requires all required rezonings to implement the
Housing Element programs to be included in order for the California State
Department of Housing and Community Development (HCD) to certify the Housing
Element; and
WHEREAS, the revised Housing Element includes a Sites Inventory which lists
sites meeting State law criteria for housing development to accomplish the assisted
Regional Housing Needs Assessment (RHNA); and
WHEREAS, in order to realize the housing capacity anticipated by the Housing
Element, certain properties must be rezoned to allow appropriate density ; and
WHEREAS, the Housing Element programs include implementation actions
that require changes and updates to the City’s Zoning Ordinance regulating
the development of residential uses; and
WHEREAS, after a thorough evaluation of the City’s Zoning Ordinance in
accordance with Housing Element programs and required State law, it was
determined that changes are needed to the City’s Zoning Ordinance to effectively
implement the 2021-2029 Housing Element; and
WHEREAS, on September 19, 2023, the Planning Commission conducted a
duly-noticed public hearing to consider the proposed Zoning Text Amendment,
and after considering public testimony and discussion, recommended that the City
Council approve the Zoning Text Amendment with minor revisions; and
WHEREAS, pursuant to the California Environmental Quality Act, the City has
evaluated the revised Zone Text Amendment and concludes, based on substantial
evidence in the record, that the proposed changes would not trigger any of the
conditions set forth in State CEQA Guidelines Section 15162 in tha t the revisions
would not result in any new significant environmental impacts nor substantially
increase the severity of any significant impacts described in the PLAN Hermosa EIR
(State Clearinghouse Number 2015081009), certified on August 22, 2017.
Preparation of an EIR Addendum is appropriate, pursuant to CEQA Guidelines
Section 15162, and an EIR Addendum has been prepared, dated September 14,
2023, as the City has evaluated the Zone Text Amendment and concluded, based
on substantial evidence in the record, that the Zone Text Amendment as would not
trigger any of the conditions set forth in State CEQA Guidelines Section 15162. The
revised Housing Element would not result in any new significant environmental
impacts nor substantially increase the severity of any significant impacts described
in the PLAN Hermosa EIR. The PLAN Hermosa certified EIR, findings, Mitigation and
Monitoring Program, and Statement of Overriding Considerations, are hereby
incorporated by reference.
THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Planning Commission of the City of Hermosa Beach hereby
recommends City Council adopt Ordinance 23-XX approving Zone Text
Amendment 23-02, as included in Exhibit A.
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
CERTIFICATION
I hereby certify the foregoing Planning Commission Resolution 23-18 is a true and
complete record of the action taken by the Planning Commission of the City of
Hermosa Beach, California at its regular meeting of October 17, 2023.
________________________________ ________________________________
Peter Hoffman Carrie Tai
Chair Secretary
5 - Commissioner Pedersen, Commissioner Hirsh, Chair
Hoffman, Vice Chair Rice, Commissioner Izant
0
0
0
Peter R. Hoffman (Nov 1, 2023 10:44 PDT)
________________________________
Date
Exhibit A
Draft Ordinance with Zoning Ordinance Amendments
(follows this page)
Nov 1, 2023
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CITY OF HERMOSA BEACH
ORDINANCE NO. 23-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, AMENDING THE HERMOSA BEACH MUNICIPAL
CODE TO IMPLEMENT HOUSING ELEMENT POLICIES AND PROGRAMS,
AND DETERMINE PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT THAT THE PROJECT IS CONSISTENT WITH THE PLAN
HERMOSA ENVIRONMENTAL IMPACT REPORT
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. The alphabetical list of definitions in Section 17.04.040 (General
definitions) of Chapter 17.04 (Definitions) of Title 17 (zoning) is amended to include
the following definitions, in alphabetical order:
Emergency shelters shall include other interim interventions, including, but not
limited to, a navigation center, bridge housing, and respite or recuperative care
with minimal supportive services that limits occupancy by homeless persons to six
(6) months or less in any year, and does not deny occupancy due to a person’s
inability to pay.
Low Barrier Navigation Center. A Housing First, low barrier, service-enriched shelter
focused on moving people into permanent housing that provides temporary
living facilities while case managers connect individuals experiencing
homelessness to income, public benefits, health services, shelter, and housing.
“Low Barrier” means best practices to reduce barriers to entry, and may include,
but is not limited to, the following:
a. The presence of partners if it is not a population-specific site, such as for
survivors of domestic violence or sexual assault, women, or youth.
b. Pets.
c. The storage of possessions.
d. Privacy, such as partitions around beds in a dormitory setting or in larger
rooms containing more than two beds, or private rooms.
Residential Care Facilities. A facility licensed by the state of California to provide
living accommodations, 24-hour care for persons requiring personal services,
supervision, protection, or assistance with daily tasks. Amenities may include
shared living quarters, with or without a private bathroom or kitchen facilities. This
use classification includes those both for and not-for-profit institutions, but
excludes Supportive Housing and Transitional Housing.
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Residential Care Facility, Small. A facility that is licensed by the state of California
to provide care for six or fewer persons.
Residential Care Facility, Large. A facility that is licensed by the state of California
to provide care for more than six persons.
Residential Facility, Assisted Living. A facility that provides a combination of
housing and supportive services for the elderly or functionally impaired, including
personalized assistance, congregate dining, recreational, and social activities.
These facilities may include medical services. Examples include assisted living
facilities, retirement homes, and retirement communities. These facilities typically
consist of individual units or apartments, with or without kitchen facility, and
common areas and facilities. The residents in these facilities require varying levels
of assistance.
Supportive Housing. Pursuant to Health and Safety Code 50675.14, “means
housing with no limit on length of stay, that is occupied by the target population,
and that is linked to onsite or offsite services that assist the supportive housing
resident in retaining the housing, improving their health status, and maximizing his
or her ability to live and, when possible, work in the community. For purposes of
this definition, "target population" means to people with low incomes who have
one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or
other chronic health condition, or individuals eligible for services provided
pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5
commencing with Section 4500) of the Welfare and Institutions Code) and may
include, among other populations, adults, emancipated minors, families with
children, elderly people, young adults aging out of the foster care system,
individuals exiting from institutional settings, veterans, and people experiencing
homelessness.
Transitional Housing: Transitional housing is a type of supportive housing and
configured as a rental housing development, but operated under program
requirements that require the termination of assistance and recirculating of the
assisted unit to another eligible program recipient at a predetermined future point
in time that shall be no less than six months from the beginning of the assistance.
Work/Live Unit. A Work/Live unit is defined as a single unit (e.g., studio, loft, or
one bedroom) consisting of both a non-residential and a residential component
that is occupied by the same resident.
SECTION 2. The following list of definitions in Section 17.04.040 (General
definitions) of Chapter 17.04 (Definitions) of Title 17 (zoning) is hereby deleted:
Medical or residential care facility means a nursing and convalescent home as
licensed by State Department of Public Health, and includes residential care
homes as licensed by State Department of Social Welfare Services, Community
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Care Licensing Division. This term also includes group living quarters housing
persons placed by an authorized agency for rehabilitation purposes and is
funded by or licensed by or is operated under the auspices of an appropriate
federal, state or county governmental agency.
Transitional housing and transitional housing development means buildings
configured as rental housing developments, but operated under federal, state or
local housing program requirements that call for the termination of assistance and
recirculation of the assisted unit to another eligible program recipient at some
predetermined future point in time, which shall be no less than six (6) months.
Transitional housing is a residential use subject to the same regulations and
procedures that apply to other residential uses of the same type in the same zone.
SECTION 3. Section 17.06.010 (Names of Zones) of Chapter 17.06
(Establishment of Zones) of Title 17 (Zoning) of the Hermosa Beach Municipal Code
is amended to read as follows:
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, eightteen (18) classes of zones are by this ordinance established to be
known as follows:
SPA Specific Plan Areas
R-1 Single-family residential zone.
R-1A Two dwelling units per lot zone.
R-2 Two-family residential zone.
R-2A Medium Density residential (22) zone.
R-2B Limited multiple-family residence zone.
R-3 Multiple-family residential zone.
MHP Mobilehome park development district.
R-P Residential professional zone.
C-1 Limited business and residential.
C-2 General commercial district.
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C-3 General and highway commercial district.
M-1 Light manufacturing zone.
PF Public facility zone.
RPD Residential planned development.
O-S Open space zone.
O-S-1 Restricted open space zone.
O-S-2 Restricted open space zone.
Where areas are shown upon the zoning map enclosed with an O, the areas thus
shown are intended to approximate the future location for that type of land use
indicated by the symbol therein enclosed within a circle. (See Chapter 17.42.)
Uncircumscribed symbols within such designated areas represent classification.
SECTION 4. Subsection (F), (J) and (N) of Section 17.08.020 (Permitted Uses)
of Chapter 17.08 (R-1 Single Family Residential Zone) of Title 17 (Zoning) of the
Hermosa Beach Municipal Code is amended to read as follows:
F. Supportive and Transitional Housing for six (6) or fewer persons.
J. Residential Care Facilities – Small.
N. Residential Facility, Assisted Living.
SECTION 5. Subsection (P) of Section 17.08.020 (Permitted Uses) of Chapter
17.08 (R-1 Single Family Residential Zone) of Title 17 (Zoning) of the Hermosa Beach
Municipal Code is hereby added to read as follows:
P. Residential Care Facilities – Large
SECTION 6. Subsection (B) of Section 17.12.010 (Permitted Uses) of Chapter
17.12 (R-2 Two Family Residential Zone) of Title 17 (Zoning) of the Hermosa Beach
Municipal Code is amended to read as follows:
B. Attached, and/or detached multiple-family dwelling units; (Refer to Chapter
17.58)
SECTION 7. Subsection (E) of Section 17.12.010 (Permitted Uses) of Chapter
17.12 (R-2 Two Family Residential Zone) of Title 17 (Zoning) of the Hermosa Beach
Municipal Code is hereby added to read as follows:
Page 5 of 59
E. Supportive and Transitional Housing meeting requirements set forth in 17.42.220.
SECTION 8. Chapter 17.13 (R-2A – Medium Density Residential (22)) of Title
17 (Zoning) of the Hermosa Beach Municipal Code is hereby added to read as
follows:
17.13.010 Permitted uses.
The purpose of the R-2A zone is to allow the same uses as R-2, but allow for
development of a minimum density of 22 dwelling units per acre. In an R-2 zone
only the following uses that are hereinafter specifically provided and allowed are
permitted, subject to the provisions of Chapter 17.44 governing off-street parking
requirements:
A. Any use permitted in the R-1 (one-family) residential zone;
B. Attached, and/or detached multiple-family dwelling units;
C. Condominium developments consistent with the provisions of the
condominium ordinance of the city;
D. Conditional uses as set forth in Chapter 17.40.
E. Supportive and Transitional Housing meeting requirements set forth in
17.42.220
17.13.015 Short term vacation rentals prohibited.
It shall be unlawful for any person to offer or make available for rent or to rent (by
way of a rental agreement, lease, license or any other means, whether oral or
written) for compensation or consideration a residential dwelling, a dwelling unit
or a room in a dwelling for less than thirty (30) consecutive days. It shall be unlawful
for any person to occupy a residential dwelling, a dwelling unit or a room in a
dwelling for less than thirty (30) consecutive days pursuant to a rental agreement,
lease, license or any other means, whether oral or written, for compensation or
consideration.
17.13.020 Development standards.
A. Building Height. Any building shall not exceed a maximum of thirty (30) feet
in height.
B. Front Yard. Every lot shall have a front yard setback equal to at least five (5)
feet unless a greater than five (5) foot setback is indicated on the official
zoning map of the city, in which case, the larger figure shall apply.
C. Side Yards. Every lot shall have a side yard on each side of the lot equal to
ten (10) percent of the width of the lot, provided such side yard shall not be
less than three (3) feet in width and need not exceed five (5) feet in width.
D. Rear Yard. Every lot shall have a rear yard not less than five (5) feet in depth.
The second floor can be three (3) feet from the property line. On any alley
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the rear yard requirement is a depth of three (3) feet from the property line
on the first floor and one (1) foot from the property line on the second floor.
E. Additional Yard Regulations. R-2A zones shall be subject to additional yard
regulations as provided in Chapter 17.46.
17.13.030 Off-street parking.
Off-street parking requirements and regulations for the R-2 zone are provided in
Chapter 17.44.
17.13.040 Lot area.
The minimum lot area for new lots in the R-2 zone created by subdivision or other
means shall be four thousand (4,000) square feet.
17.13.050 Lot area per dwelling unit.
The minimum lot area per dwelling unit shall be not less than one thousand seven
hundred fifty (1,750) square feet.
17.13.060 Permissible lot coverage.
All buildings, including accessory buildings, shall not cover more than sixty-five (65)
percent of the area of the lot.
17.13.070 Placement of buildings.
Placement of buildings on any lot shall conform to the following:
A. No building may occupy any portion of the required yard.
B. Any building used for human habitation shall not be located closer to the
rear property line than a distance of five (5) feet; however, where a rear
yard abuts a street or alley, the building may be located three (3) feet from
the rear property line on the first floor and one (1) foot from the property
line on the second floor.
C. The distance between any buildings used for human habitation shall be not
less than six (6) feet. The distance between a main building and an
accessory building shall be not less than six (6) feet.
17.13.080 Open space.
There shall be a minimum of three hundred (300) square feet of usable open
space per dwelling unit.
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A. One hundred (100) square feet of the required open space shall be directly
accessible to and at the same floor level of the primary living area of each
unit.
B. Each qualifying open space area may be covered up to fifty (50) percent
but shall not be enclosed on more than two (2) sides by building walls or
guardrails greater than forty-two (42) inches in height. A trellis may be
allowed to cover an entire open area so long as the open areas between
the trellis beams is equal to or exceeds the area required to remain open
and uncovered.
C. The minimum dimension of open space areas shall be seven (7) feet by
seven (7) feet.
D. Open space areas may include pools, spas, gardens, play equipment,
decks over non-living areas, and decks over living areas of the same
dwelling unit but shall not include driveways, turning areas, parking areas
and required front, rear and side yard areas.
E. Roof Decks. A maximum of one hundred (100) square feet of required open
space may be provided on a roof deck, with minimum dimension of seven
(7) feet by seven (7) feet. For the purposes of this section, "roof deck" is
defined as the walkable or otherwise usable open space area located
above the roof framing of the building, the only access to which is from the
floors below.
F. When computing open space in conjunction with yard areas, only an area
which exceeds the minimum required yard area may be counted toward
open space and only if the overall dimension of the required setback and
the exceeding area together has a dimension of at least seven (7) feet in
width and length.
G. Circular, triangular, odd and/or unusual shaped open space areas shall
have a minimum of forty-nine (49) square feet in area as well as minimum
seven (7) foot dimensions.
H. Decks, balconies or similar areas which extend over more than one (1)
dwelling unit shall have a minimum S.T.C. rating of fifty-eight (58).
I. Each development of five (5) or more units shall provide one hundred (100)
square feet of common open space area or facility per unit in addition to
required open space. The common open space area may include play
area, pool, spa, recreation room, gym, garden and similar amenities for the
common use of all owners, but shall not include driveways, turning areas,
parking areas, and required front, rear and side yard areas.
17.13.090 Lot width.
Every lot shall have a width of not less than forty (40) feet at the rear line of the
required front yard.
17.13.100 Sign regulations.
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All signs in the R-2A zone shall conform to the requirements and regulations of this
code.
SECTION 9. Subsection (B) of Section 17.14.010 (Permitted Uses) of Chapter
17.14 (R-2B Limited Multiple-Family Residential Zone) of Title 17 (Zoning) of the
Hermosa Beach Municipal Code is amended to read as follows:
B. A two (2) family dwelling unit per lot; provided, that it is designed for families as
a duplex or condominium; a detached one (1) family dwelling will be allowed if
one (1) existed on the lot on the effective date of the ordinance codified in this
chapter, provided all yard requirements are conformed to; (Refer to Chapter
17.58 for multiple-family dwellings and 17.22 for condominiums)
SECTION 10. Subsection (E) of Section 17.14.010 (Permitted Uses) of Chapter
17.14 (R-2B Limited Multiple-Family Residential Zone) of Title 17 (Zoning) of the
Hermosa Beach Municipal Code is hereby added to read as follows:
E. Supportive and Transitional Housing meeting requirements set forth in 17.42.220.
SECTION 11. Subsection (B) of Section 17.16.010 (Permitted Uses) of Chapter
17.16 (R-3 Multiple-Family Residential Zone) of Title 17 (Zoning) of the Hermosa
Beach Municipal Code is amended to read as follows:
B. Multiple dwellings; (Refer to Chapter 17.58)
SECTION 12. Subsection (E) of Section 17.16.010 (Permitted Uses) of Chapter
17.16 (R-3 Multiple-Family Residential Zone) of Title 17 (Zoning) of the Hermosa
Beach Municipal Code is hereby added to read as follows:
F. Emergency shelters (Refer to Section 17.42.210)
SECTION 13. Section 17.16.020 (Height) of Chapter 17.16 (R-3 Multiple-Family
Residential Zone) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is
amended to read as follows:
Intent and Purpose. The intent and purpose of this sec tion is to set a standard
height limit for most projects in scale 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 predominately built higher that
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 se ts forth
the conditions and design criteria for determining whether a project is allowed to
exceed the height limit.
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A. No building shall exceed thirty (30) feet in height unless in compliance with
subsections (B), (C), or (D) of this section. Refer to Chapter 17.22 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 17.58.040):
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. The proposed development is located between, and adjacent to,
two (2) or more contiguous lots with buildings constructed in excess
of the thirty (30) foot height limit;
3. The structural extension above thirty (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. Applicants for exceptions shall provide detailed topographical
surveys and spot elevations of existing buildings for determining if existing
building on adjacent lots exceed thirty (30) feet.
D. Projects utilizing criteria under Section 17.42.100(B) – State Affordable
Housing Density Bonus – may exceed the height limit per designated
criteria.
SECTION 14. Section 17.16.100 (Building Design Guidelines) of Chapter 17.16
(R-3 Multiple-Family Residential Zone) of Title 17 (Zoning) of the Hermosa Beach
Municipal Code is added to read as follows:
All new development shall be subject to Section 17.42.250.
Page 10 of 59
SECTION 15. Section 17.20.100 (Building Design Guidelines) of Chapter 17.20
(R-P Residential Professional ) of Title 17 (Zoning) of the Hermosa Beach
Municipal Code is added to read as follows:
All new development shall be subject to Section 17.42.250.
SECTION 16. Section 17.26.020 (Specific purposes) of Chapter 17.26 (C1, C2
and C3 Commercial Zones) of Title 17 (Zoning) of the Hermosa Beach
Municipal Code is amended to read as follows:
A. In addition to the general purposes listed in Chapter 17.02 the specific
purposes of the commercial zones are to:
1. Provide appropriately located areas consistent with the general plan
for a full range of office, retail commercial, and service commercial
uses needed by residents of, and visitors to, the city and region;
2. Strengthen the city’s economic base, and also protect small
businesses that serve city residents;
3. Create suitable environments for various types of commercial and
compatible residential uses, and protect them from the adverse
effects of inharmonious uses;
4. Minimize the impact of commercial development on adjacent
residential districts;
5. Ensure that the appearance and effects of commercial building and
uses are harmonious with the character of the area in which they are
located;
6. Ensure the provision of adequate off-street parking and loading
facilities;
7. Provide sites for public and semi-public uses needed to complement
commercial development or compatible with a commercial
environment;
B. The additional purposes of each zone are as follows:
1. C-1 Neighborhood Commercial Zone. To provide sites for a mix of
small local businesses appropriate for, and serving the daily needs of
nearby residential neighborhoods; while establishing land use
regulations that prevent significant adverse effects on abutting
residential uses.
2. C-2 Downtown Commercial Zone. To provide opportunities for a
pedestrian-oriented range of office, retail, and service commercial
uses specifically appropriate for the scale and character of the
downtown, along with mixed-use opportunities including residential
development, to form a resident and visitor serving downtown
district.
3. C-3 General Commercial Zone. To provide opportunities for the full
range of office, retail, service, mixed-use, and multi-family uses in a
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scale deemed suitable for the city, and appropriate for the Pacific
Coast Highway and Aviation Boulevard commercial corridors.
SECTION 17. Section 17.26.030 (C-1, C-2 and C-3 land use regulations) of
Chapter 17.26 (C1, C2 and C3 Commercial Zones) of Title 17 (Zoning) of the
Hermosa Beach Municipal Code is amended to read as follows:
C-1, C-2 and C-3 ZONES, LAND USE REGULATIONS
P = Permitted
- = Not Permitted
A = Administrative Permit
PDP = Precise Development Plan
U = Conditional Use or Other Permit Required (See Chapter 17.40)
Uses C1 C2 C3 See Section
Mixed-Uses (residential uses with
ground floor commercial use(s))
U
PDP**
PDP** PDP** 17.40.180
Residential PDP** PDP** PDP** 17.16
Low Barrier Navigation Center A A A 17.42.240
Residential Facility, Assisted Living A A A
Residential Care Facilities – Small. P P P
Residential Care Facilities – Large A A A 17.42.230
Supportive Housing, Up to 50 Units. A A A 17.42.220
Supportive Housing, Over 50 Units U U U 17.56 and
17.42.220
*Allowed by special permit by city council on public streets/right-of-way, pursuant
to Section 12.12.070, and permitted by right on private property in conjunction
with such a special permit.
** Housing Element Sites Inventory Overlay Sites (--HE) only
SECTION 18. Section 17.26.050 (Standards and limitations.) of Chapter 17.26
(C1, C2 and C3 Commercial Zones) of Title 17 (Zoning) of the Hermosa Beach
Municipal Code is added to read as follows:
J. Building design. Building design shall be provided as specified by Chapter
17.42.260.
SECTION 19. Section 17.28.010 (Specific purposes) of Chapter 17.28 (M-1
Light Manufacturing Zone) of Title 17 (Zoning) of the Hermosa Beach Municipal
Code is amended to read as follows:
Page 12 of 59
In addition to the general purposes listed in Chapter 17.02, the specific
purposes of the light manufacturing zone is to:
A. Provide appropriately located areas consistent with the general plan for a
range of light manufacturing, creative industrial, and “work/live”
residential, including certain appropriate service commercial uses.
B. Strengthen the city’s economic base and employment base by creating
flexible zoning for existing small businesses that are owned by, serve and
employ city residents.
C. Create and maintain suitable environments for various types of light
industrial use and compatible uses.
D. Minimize the impact of development in the M -1 zone by allowing for
creative transitions between small scale light industrial and adjacent
residential districts.
E. Ensure that the appearance and effects of buildings in the M-1 zone are
harmonious with the character of the area which they are located.
SECTION 20. Section 17.28.010 (Specific purposes) of Chapter 17.28 (M-1
Light Manufacturing Zone) of Title 17 (Zoning) of the Hermosa Beach Municipal
Code is hereby deleted:
E. Ensure the provision of adequate off-street parking and loading facilities.
SECTION 21. Section 17.28.020 (Permitted uses) of Chapter 17.28 (M-1 Light
Manufacturing Zone) of Title 17 (Zoning) of the Hermosa Beach Municipal Code
is amended as follows:
In the following matrix, the letter "P" designates use classifications permitted and
the letter "U" designates use classifications permitted by approval of a conditional
use permit. Use classifications not listed are prohibited. Section numbers listed
under "see section" reference additional regulations located elsewhere in the
Zoning Ordinance or Municipal Code.
Work/Live PDP** Chapter17.58
Residential Uses PDP** Chapter 17.16
** Housing Element Sites Inventory Overlay Sites (--HE) only
SECTION 22. Section 17.28.030 (Standards and limitations) of Chapter 17.28
(M-1 Light Manufacturing Zone) of Title 17 (Zoning) of the Hermosa Beach
Municipal Code is amended as follows:
Every use permitted or maintained in the M-1 zone shall be subject to the
following:
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A. Parking. Parking shall be provided as specified in Chapter 17.44.
B. Enclosures. All uses shall be conducted wholly within a building enclosed on
all sides, except for the following:
1. Outdoor uses permitted by conditional use permit as stated in the
permitted use list;
2. Commercial parking lots;
3. Uses incidental to a use conducted primarily within a building
located on the premises; provided, that such incidental uses are not
conducted in whole or in part on sidewalks, public ways or within any
required front or rear yard; and provided further, that such incidental
uses are conducted within buildings. Where incidental uses are not
conducted within a building, no part of the area devoted to the
incidental uses shall be considered as part of the required parking
facilities. All outdoor storage shall be substantially screened from
public visibility, public streets, parks or other public places and
property.
C. Signs. Signs for this section are regulated by Section 17.50.140.
D. Building Height. Any building may have a maximum of thirty-five (35) feet in
height.
E. Front Yard Setback. No lot need provide a front yard except as may be
required by a precise plan.
F. Alley Setback. Any building located on an alley shall maintain a distance
of not less than three (3) feet from such alley.
G. Rear and Side Yard Setback Adjacent to Residential Zones. A minimum rear
and/or side yard setback of eight (8) feet shall be provided, and 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 M-1 zone from the
residential zone.
H. Landscaping Adjacent to Residential Zones. The required rear and/or side
yard area shall be landscaped and provided with an automatic watering
system. Size, quantity and type of landscaping shall be subject to review
and approval by the planning director. Landscaping shall be appropriately
maintained, trimmed and void of weeds.
SECTION 23. Chapter 17.29 (Public Facility Zone) of Title 17 (Zoning) of the
Hermosa Beach Municipal Code is added as follows:
17.29.010 Intent
The PF Zone is intended to provide for a broad range of government, institutional,
educational, assembly, and community-serving uses. This Zone provides for
government-owned facilities, civic-related administrative offices, community
space, operational yards, educational or institutional facilities, and other public
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and quasi-public uses. The PF Zone implements the Public Facility General Plan
Land Use Designation.
17.29.020 Permitted Uses
USES P/U See Section
Assembly Hall PDP
Convention Hall PDP
Government Facilities P
Mini-Storage, Personal U 17.40.020
Monuments P
Office, General P
Parking Lot, and/or Structure (primary use) U
Public Service Facilities P
Residential PDP* 17.42.100
Wireless communication facility U 17.40.170
*Residential permitted uses shall be the same as those permitted in the R -
3, Multiple-Family Residential Zone, as contained in Section 17.16.010.
17.29.030 Development Standards
Development regulations shall be as specified by the precise development plan
in accordance with Chapter 17.58, provided that the need for a precise
development plan does not conflict with state law.
Building height limit is 35 feet. If it is determined a building was constructed prior
to the codification of this code section, the building shall be valid and considered
legal.
SECTION 24. Section 17.38.540 (Plan area no. 11) of Chapter 17.38 (Specific
Plan Areas) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is added
as follows:
Mixed Uses PDP** 17.42.100
** Housing Element Sites Inventory Overlay Sites (--HE) only
SECTION 25. Section 17.38.550(E) (Plan area no. 11 – Development
standards.) of Chapter 17.38 (Specific Plan Areas) of Title 17 (Zoning) of the
Hermosa Beach Municipal Code is amended as follows:
1. No building shall exceed a maximum height of thirty (30) feet.
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SECTION 26. Chapter 17.39 (Housing Element Sites Inventory Overlay) is
hereby added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read
as follows:
17.39.010 Intent and Purpose
The purpose of the Housing Element Sites Inventory Overlay is to identify sites
designated by the City’s Housing Element for satisfying the City’s Regional Housing
Needs Assessment (RHNA). This Overlay implements the City’s Housing Element.
Overlay sites shall be identified on the City’s Zoning Map with a symbol of “—HE”
appended to the underlying zoning name (example: C2-HE).
17.39.020 Permitted Uses
A. Uses permitted by the underlying zoning district.
B. Uses permitted only for sites designated as a Housing Element Sites Inventory
Overlay.
17.39.030 Minimum Density
A. If a site designated as –HE is developed at a density that is below the
minimum residential density anticipated in the City’s Housing Element, the
City must either:
1. Make a finding that the remaining sites identified in the Housing
Element are adequate to meet the City’s remaining RHNA for the
Housing Element planning period by income category. This finding
should include a quantification of the remaining unmet need for the
City’s RHNA at each income level and the remaining capacity of
sites identified in the Housing Element, to accommodate that need
by income level; or
2. Make available sufficient sites to accommodate the remaining
unmet RHNA for the income category within 180 days or other time
frame as established by law, whichever is later.
17.39.040 Replacement Units
A. If an application for development includes demolition of any of the
following types of units existing within the past five (5) years, the application
must include provisions for replacement:
1. Subject to a recorded covenant, ordinance, or law that restricts rents
to levels affordable to persons and families of lower or very low -
income; or
2. Subject to some form of rent or price control through a public entity's
valid exercise of its police power; or
3. Occupied by lower or very low-income households.
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B. Replacement units must be in accordance with Government Code Section
65915(c)(3), including equivalency provisions for income level, size, and
number.
17.39.050 Land Value Recapture for Affordable Housing
A. Sites designated as (--HE) that have underlying non-residential zones are
subject to the City’s Land Value Recapture Program for Affordable Housing,
as follows:
1. Proposed projects that are entirely non-residential are exempt.
2. Projects on sites with a Sites Inventory capacity are subject to the
Land Value Recapture Program fee, as follows:
a. For sites on the Sites Inventory with a capacity of 5 or more
units:
1. Projects proposing a minimum of 10% very low-income
units, 15% low-income units, or 20% moderate income
units, or combination thereof, (calculated from base
density) are exempt from the fee; or
2. Projects proposing a portion of the above affordability
requirements shall be subject to the corresponding
proportional amount of the fee.
3. Projects not proposing affordable units are subject to the
full fee.
b. For sites on the Sites I nventory with a capacity of 3 or 4
dwelling units:
1. Projects constructing to minimum density and proposing
at least 1 moderate income unit are exempt from the
fee.
2. Other projects are subject to the fee.
c. For sites on the Sites Inventory with a capacity of 1 or 2 units:
1. Projects constructing to minimum density and consisting
of 1 affordable unit (very low, low, or moderate) are
exempt from the fee.
2. Other projects are subject to the fee.
B. The fee amounts for the Land Value Recapture Program for Affordable
Housing shall be set by City Council resolution.
17.39.060 Short term vacation rentals prohibited.
For any unit constructed on a (--HE) site after [date of Housing Element
certification], it shall be unlawful for any person to offer or make available for rent
or to rent (by way of a rental agreement, lease, license or any other means,
whether oral or written) for compensation or consideration a residential dwelling,
a dwelling unit or a room in a dwelling for less than thirty (30) consecutive days. It
shall be unlawful for any person to occupy a residential dwelling, a dwelling unit
or a room in a dwelling for less than thirty (30) consecutive days pursuant to a
Page 17 of 59
rental agreement, lease, license or any other means, whether oral or written, for
compensation or consideration. All developments must be accompanied by a
restrictive covenant prohibiting short-term vacation rentals.
SECTION 27. Section 17.40.010 (General Intent and purpose) of Chapter 17.40
(Conditional Use Permit and Other Permit Standards) of Title 17 (Zoning) of the
Hermosa Beach Municipal Code is amended as follows:
The lists of conditions found within this chapter for various uses are intended to be
standard conditions imposed on all such proposed uses as specified. These
conditions are not intended to be the only conditions imposed, and each
specific use noted may have additional conditions imposed by the decision-
making body.
Any additional conditions may be based on criteria found within this article for all
uses requiring a conditional use permit and/or factors related to the specific use
and location.
SECTION 28. Section 17.40.020 (General criteria for all uses) of Chapter 17.40
(Conditional Use Permit and Other Permit Standards) of Title 17 (Zoning) of the
Hermosa Beach Municipal Code is hereby deleted:
A. In considering the granting of any conditional use permit for any use, the
following criteria for granting said permit shall be considered:
B. Distance from existing residential uses;
C. The amount of existing or proposed off-street parking facilities, and its
distance from the proposed use;
D. Location of and distance to churches, schools, hospitals and public
playgrounds;
E. The combination of uses proposed;
F. Precautions taken by the owner or operator of the proposed establishment
to assure the compatibility of the use with surrounding uses;
G. The relationship of the proposed business-generated traffic volume and the
size of streets serving the area;
H. The proposed exterior signs and decor, and the compatibility thereof with
existing establishments in the area;
I. The number of similar establishments or uses within close proximity to the
proposed establishment;
J. Noise, odor, dust and/or vibration that may be generated by the proposed
use;
K. Impact of the proposed use to the city’s infrastructure, and/or services;
L. Will the establishment contribute to a concentration of similar outlets in the
area;
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M. Other considerations that, in the judgment of the planning commission, are
necessary to assure compatibility with the surrounding uses, and the city as
a whole.
SECTION 29. Section 17.40.180 (Mixed Use Development (C-1 zone)) of Chapter
17.40 (Conditional Use Permit and Other Permit Standards) of Title 17 (Zoning) of
the Hermosa Beach Municipal Code is hereby replaced as follows:
17.40.180 Mixed-use development
For uses allowed in the C-1 Zone and for Housing Element Sites Inventory Sites (--
HE) as part of a mixed-use development, the following conditions and standards
of development, in addition to any other deemed necessary or appropriate to
ensure compatibility with existing or permitted uses in the vicinity, shall be
required:
A. Mixed-Use Developments shall be subject to a Precise Development Plan
in accordance with Chapter 17.58.
B. Residential Development Standards. The residential portion of a mixed-use
development shall be subject to the following development standards:
1. If the residential portion of a mixed-use development is a
condominium development, then the development shall be subject
to the condominium development standards as set forth in Chapter
17.22.
2. Rear and Side Yard setbacks shall be subject to Chapter 17.16.
3. Building design guidelines shall be subject to Chapter 17.42.260.
4. Building height shall be regulated by underlying zoning district the site
is located.
5. The placement of buildings shall conform to the standards set forth in
Chapter 17.16.050.
6. Any expansion of a structure that existed prior to (date of
codification), to implement a mixed-use configuration, is subject to
the standards of the underlying zone, and Chapter 17.52, relating to
nonconforming structures.
7. Applicability of other standards. All other standards shall be
governed by the sites underlying zoning district and the city zoning
ordinance.
C. Commercial Development Standards. In addition to the requirements of
the commercial zone, the following standards shall apply to t he mixed-use
development.
1. Ground floor commercial spaces shall have a minimum average
depth of 30-feet.
2. Building frontage shall be used for commercial purposes with the
exception of entry-exit corridors and stairs for accessing the
residential units, and/or for driveways to access parking.
D. General Development Standards
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1. Noise: Residential uses shall be separate from commercial uses by
sound proofed floors and walls with minimum sound transmission
rating as required for condominiums as set forth in Chapter 17.22.
Commercial uses hours of operations shall be limited where
appropriate so that residents are not exposed to offensive noise or
activity.
2. Security: Entrances for residences shall be separate from non-
residential uses and be independently accessible to pedestrian and
parking areas.
3. Lighting: Outdoor lighting and lighting for signs associated with
commercial uses designed so as not to adversely impact residences.
No flashing, blinking or high intensity lighting. Adequate lighting to
illuminate parking areas and corridors to access parking and public
sidewalk. Lighting for signs may only be illuminated during business
hours.
E. Signs. Signs shall be limited to the commercial space frontage pursuant to
the requirements of Chapter 17.50.
F. Allowed Commercial Uses. Permitted commercial uses within a mixed-use
development shall be as permitted in the underlying commercial zone with
the following exceptions which shall not be permitted:
1. Late-night restaurants and bars;
2. Laundry and dry-cleaning businesses;
3. Parking lots and/or structures.
G. Limitations on hours of operation. The hours of operation for any
commercial use shall be limited to 8:00 a.m. to 10:00 p.m.
H. Parking and Transportation Storage
1. Vehicle parking shall be in accordance with Chapter 17.44.
a. Reduced vehicle parking may be planned in accordance
with Section 17.44.210 Parking Plans. Application fees for
Parking Plans that accompany a development for
affordable housing may be waived; all other application fees
apply.
2. Bicycle Parking Standards.
a. Spaces Required.
1. Residential Uses. A minimum of one bicycle parking
space shall be provided for every five units for
Residential, Group Residential, and Single Room
Occupancy.
2. Other Uses. Any establishment with 25 or more full time
equivalent employees shall provide bicycle parking at a
minimum ratio of one space per 25 vehicle spaces.
b. Location. Bicycle parking must be located on the same lot as
the use it serves. In parking garages, long-term bicycle
parking must be located near an entrance to the facility.
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c. Security. Long-term bicycle parking must be in:
1. An enclosed bicycle locker; or
2. A fenced, covered, locked or guarded bicycle storage
area; or
3. A rack or stand inside a building that is within view of an
attendant or security guard or visible from employee
work areas or within secure/restricted bicycle storage
room; or
4. Other secure area approved by the Director.
d. Size and Accessibility.
1. Each bicycle parking space shall accommodate a
variety of bicycle types, but generally be a minimum of
two feet in width and size feet in length.
2. Bicycles shall be accessible without moving another
bicycle.
3. Access to a bicycle parking area shall not be through
vehicle parking spaces.
e. Bicycle Parking Reductions and Modifications. A
modification for a reduction in the number of required
bicycle parking spaces or to other standards of this Section
may be granted pursuant to Section 17.44.210, Parking Plans,
if the review authority finds that:
1. Adequate site space is not available on an existing
development to provide bicycle parking; or
2. Reduced bicycle parking is justified by reasonably
anticipated demand; or
3. Other criteria based on unusual or specific
circumstances of the particular case as deemed
appropriate by the review authority.
I. Owner shall disclose separately and in writing upon sale or rental of the
subject property that it is a mixed use development and permits
commercial and residential uses.
SECTION 30. Section 17.40.220 (Emergency shelters) of Chapter 17.40
(Conditional Use Permit and Other Permit Standards) of Title 17 (Zoning) of the
Hermosa Beach Municipal Code is hereby deleted:
17.40.220 Emergency shelters.
This section sets forth requirements for the establishment and operation of
emergency shelter facilities.
A. Permit and Operational Requirements. Th e approval and operation of an
emergency shelter shall be subject to the following requirements:
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1. Administrative Permit Required. Emergency shelters may be established
and operated in the C-3, SPA-7 and SPA-8 zoning districts subject to the
granting of an administrative permit in compliance with Chapter 17.55.
2. Management and Operations Plan. An application for an administrative
permit to establish and operate an emergency shelter shall be
accompanied by a management plan, which shall establish hours of
operation, staffing levels and training procedures, maximum length of stay,
size and location of exterior and interior onsite waiting and intake areas,
admittance and discharge procedures, provisions for on-site or off-site
supportive services, on-site and off-site security procedures, and protocols
for communications with local law enforcement agencies and
surrounding property owners.
B. Development Standards. Emergency shelters shall conform to the following
standards.
1. The maximum number of beds shall be ten (10). An additional four (4) beds
may be provided for children under the age of eighteen (18) with a parent
or guardian within designated family units.
2. A minimum separation of three hundred (300) feet, measured from the
property line, shall be maintained between all emergency shelters.
3. Separate private shower and toilet facilities shall be provided for men,
women and families.
4. Alcohol and narcotics use and consumption are prohibited both within the
facility and on the property. No amplified music or sound is allowed. No
animals are permitted (except guide dogs for the disabled or ordered by a
doctor for medical reasons).
5. One parking space per three (3) beds, plus one (1) space for each staff
member and volunteer on duty shall be provided.
6. Bicycle racks or bicycle lockers for three (3) bicycles shall be provided
onsite near the facility.
7. Stays at the facility shall be on a first-come first-served basis. Clients may be
admitted to the facility only between 6:00 p.m. and 8:00 a.m. The facility
may remain open twenty-four (24) hours a day only if providing
onsite accessory services. Clients have no guaranteed bed for the next
night. The maximum length of stay at the facility shall not exceed one
hundred eighty (180) days in a three hundred sixty-five (365) day period.
8. The facility may provide the following services in an area separate from
sleeping areas, such as counseling services, laundry facilities to serve the
clients at the shelter, client storage area such as for the storage of bicycles
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or personal items, or similar services geared to homeless clients. All such
areas and facilities shall be located within a building, with the exception of
bicycle parking.
9. A waiting area shall be provided which contains a minimum of ten (10)
square feet per bed provided at the facility. The waiting area shall be in a
location not adjacent to the public right of way, shall be visually separated
from public view by a minimum six (6) -foot tall screening of mature
landscaping or by a minimum six (6) foot tall decorative masonry wall, and
shall provide consideration of shade and protection from the elements.
10. Security and Safety. A staff member shall be on-premises at all times the
facility is open to clients. Security and safety shall be addressed for both on
and off-site needs, including provisions to address the separation of
male/female sleeping areas as well as any family areas within the facility.
At a minimum, the plan shall contain provisions addressing security and
safety.
11. Loitering Control. Measures regarding off-site controls to minimize the
congregation of clients in the vicinity of the facility during hours that clients
are not allowed on-site.
12. Management for Outdoor Areas. A system for daily admittance and
discharge procedures, including monitoring for waiting areas, shall be
developed to minimize disruption to nearby land uses.
13. Staff Training. A staff training program shall be maintained that provide
adequate knowledge and skills necessary to assist clients in obtaining
permanent shelter and income.
14. Communications. A communication and outreach plan shall be
developed to maintain good communication and response to operational
issues which may arise from the neighborhood, City staff, or the general
public.
15. Client Eligibility. A screening program to determine client eligibility is
required. The facility shall be required to utilize the Los
Angeles County region’s current Homeless Management Information
System.
16. Counseling Services. Provision of or links to counseling services are
encouraged. Identify and describe the counseling programs to be
provided as well as procedures that will be used to refer clients to outside
assistance agencies. An annual report to the City on this activity is required.
17. Facility rules shall be conspicuously displayed in English and Spanish.
Page 23 of 59
18. Litter Control. Litter and trash removal attributable to facility operations and
its clients shall be provided. Graffiti shall be removed within twenty-four (24)
hours.
19. Any other reasonable additional specific needs identified by the planning
director or police chief. (Ord. 13-1342 §7, 2013)
SECTION 31. Section 17.42.100 (Affordable housing density bonus and
incentive program) of Chapter 17.42 (General Provisions, Conditions and
Exceptional Uses) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is
hereby replaced as follows:
17.42.100 Affordable Housing
A. General Provisions.
1. Compliance with State Law. The provisions of this section shall be
governed by the requirements of Government Code Section 65915,
as that statute is amended from time-to-time. Where conflict occurs
between the provisions of this chapter and state law, the state law
provisions shall govern, unless otherwise specified.
2. Median Income Levels. For the purpose of determining the income
levels for households under this section, the city shall use the Los
Angeles County income limits found in Title 25, Section 6932 of the
California Code of Regulations, as regularly updated and published
by the State Department of Housing and Community Development,
or other income limits set forth in the general plan housing element
or adopted by the city council if the State Department of Housing
and Community Development fails to provide regular updates.
3. Compatibility. All affordable housing units shall be dispersed within
market-rate projects whenever feasible. Affordable housing units
within market-rate projects shall be comparable with the design and
use of market-rate units in appearance, use of materials, and finished
quality. The design and appearance of the affordable housing uni ts
shall be compatible with the design of the total housing project and
consistent with the surrounding neighborhood. Forms, materials and
proportions that are compatible with the character of the
surroundings shall be used.
4. Availability. All affordable housing units shall be constructed
concurrently with, and made available for qualified occupants at
the same time as, the market-rate housing units within the same
project unless both the city and the developer agree in the
affordable housing agreement to an alternative schedule for
development.
5. Effect of Granting Density Bonus. The granting of a density bonus and
other incentives provided for by this section shall not by virtue of such
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incentives require a general plan amendment, zone change,
variance or other discretionary approval, unless such approval would
otherwise be required.
B. State Affordable Housing Density Bonus.
1. Density Bonus. Pursuant to Government Code Section 65915, the city
shall grant a density bonus over the otherwise allowable maximum
residential density permitted by this chapter and the general plan, in
accordance with Government Code Section 65915 to 6591 8,
inclusive.
2. Applicability. The provisions of subsection (B)(1) of this section shall be
applicable to residential projects of five (5) or more units, and senior
citizen housing developments of at least thirty-five (35) units.
3. Applicant May Request Smaller Density Bonus. Notwithstanding the
foregoing, the city may award a smaller density bonus than specified
in this section if the applicant so requests.
C. Affordable Housing Concessions and Incentives.
1. Number of Incentives or Concessions. In addition to a density bonus,
an applicant is entitled to receive incentives or concessions in
accordance with 65915.
2. Proposal of Incentives and Findings. An applicant may propose
specific incentives or concessions that would contribute significantly
to the economic feasibility of providing affordable units pursuant to
this chapter and state law. In addition to any increase in density to
which an applicant is entitled, the city shall grant one or more
incentives or concessions that an applicant requests, up to the
maximum number of incentives and concessions required pursuant
to subsection (C)(1) of this section, unless the city makes a written
finding that either:
a. The concession or incentive is not necessary in order to
provide the proposed targeted units; or
b. The concession or incentive would have a specific adverse
impact that can not be feasibly mitigated on public health
and safety or the physical environment or any property that
is listed in the California Register of Historical Resources.
3. Types of Affordable Housing Incentives. Affordable housing
incentives may be requested in accordance with Government Code
Section 65915. The city may allow for fast-track and priority
processing for a project with affordable housing.
a. Other Incentives. Other regulatory incentives or concessions
proposed by the developer or the City that result in
identifiable cost reductions or avoidance.
4. Additional Affordable Housing Incentives. The city may allow for
additional affordable housing incentives to be granted on a case -
by-case basis, when requested by an applicant when more than fifty
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(50) percent of the affordable housing units provided contain three
(3) or more bedrooms to meet the needs of large families.
5. Lot Consolidation Bonus.
a. Multifamily residential developments proposed on lots zoned
R-3, C-1, PF, SPA-11 or the Housing Element Sites Inventory
Overlay (--HE) or allowing an equivalent or higher density
meeting the minimum requirements for a density bonus
pursuant to Section 17.42.100 shall be granted an additional
density bonus as an incentive to acquire and combine two (2)
or more parcels into a single building site according to the
following formula:
Combined Parcel Size Base Density Increase
Less than 0.50 acre No increase
0.50 Acre to 0.99 Acre 5% Increase
1.00 Acre or More 10% Increase
This lot consolidation bonus incentive shall be calculated prior to
determining any density bonus pursuant to Section 17.42.100.
Such projects shall be restricted in compliance with Section
17.42.100(E).
b. Multifamily residential developments with less than five (5) units or
a senior citizen housing development of less than thirty-five (35)
units on lots zoned R-3, C-1, PF, SPA 11, or on the Housing Element
Sites Inventory Overlay (--HE) or allowing an equivalent or higher
density that otherwise meet the minimum requirements for a
density bonus pursuant to Section 17.42.100 shall be granted
reduced parking and lot development standards in Section
17.42.100(D)(3) as an incentive to acquire and combine two (2)
or more parcels into a single building site. Such projects shall be
restricted in compliance with Section 17.42.100(E).
c. Applications for lot consolidations pursuant to this section
processed concurrently with other land use entitlements shall be
granted expedited processing of planning and building
entitlements and no additional fee shall be charged for such
expedited processing.
D. Administration.
1. Application and Review Process. A preliminary review of
development projects proposed pursuant to this section is
encouraged to discuss and identify potential application issues,
including proposed modifications to development standards. The
applicant shall request in the application the incentives the
applicant wishes to obtain. The application shall include financial
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data showing how the incentives are necessary to make the
affordable units feasible. Applications shall be reviewed and
processed according to the provisions of Chapter 17.58, Precise
Development Plans.
2. Duration of Affordability of Rental Units. All lower income and very
low income housing units shall be kept affordable for a minimum
period of fifty-five (55) years or a longer period of time if required by
the construction or mortgage financing assistance program,
mortgage insurance program, or rental subsidy program, consistent
with state law.
3. Definition of Affordability. Those units targeted for lower income
households shall be affordable at a rent that does not exceed thirty
(30) percent of sixty (60) percent of the area median income. Units
targeted for very low income households shall be affordable at a rent
that does not exceed thirty (30) percent of fifty (50) percent of area
median income. Units targeted for moderate income households
shall be affordable at a rent that does not exceed thirty-five (35)
percent of one hundred ten (110) percent of area median income.
Median income levels shall be the income limits for Los Angeles
County households as provided for in subsection (A)(3) of this section,
Median Income Levels.
4. Affordable Housing Agreement Required. An affordable housing
agreement is required for all projects with affordable housing units,
including those granted a density bonus pursuant to this section. All
affordable housing projects shall be subject to the approval of an
affordable housing agreement conforming to the provisions of Title 7,
Division 1, Chapter 4, Article 2.5 of the Government Code, which shall
be recorded as a covenant on the title to the parcel or parcels on
which the affordable housing units will be constructed. The terms of
the agreement shall be reviewed and revised as appropriate by the
director and city attorney. This agreement shall include, but is not
limited to, the following:
a. Number of Units. The total number of units approved for the
projects, including the number of affordable housing units.
b. Target Units. The location, unit sizes (in square feet) and
number of bedrooms of the affordable housing units.
c. Target Group. A description of the household income groups
to be accommodated by the project and a calculation of
the affordable rent or sales price, or a commitment to
provide a senior citizen housing development.
d. Certification Procedures. The party responsible for certifying
rents or sales prices of inclusionary units, and the process that
will be used to certify renters or purchasers of such units.
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e. Schedule. A schedule for the completion and occupancy of
the affordable housing units.
f. Remedies for Breach. A description of the remedies for
breach of the agreement by either party.
g. Required Term of Affordability. For moderate income, lower
income and very low income units, duration of affordability
of the housing units, pursuant to Government Code Sec tion
65915 Provisions should also cover resale control and deed
restrictions on targeted housing units that are binding on
property upon sale or transfer.
h. Expiration of Agreement. Provisions covering the expiration of
the agreement, including notice prior to conversion to
market rate units and right of first refusal option for the city
and/or the distribution of accrued equity for for-sale units.
i. Other Provisions. Other provisions to ensure implementation
and compliance with this chapter.
j. Condominium and Planned Unit Developments. In the case
of condominium and planned unit developments, the
affordable housing agreement shall provide for the following
conditions governing the initial sale and initial resale and use
of affordable housing units:
1. Target units shall, upon initial sale, be sold to eligible very
low, lower, or moderate income households at an
affordable sales price and housing cost, or to qualified
residents as defined by this chapter.
2. Target units shall be initially owner-occupied by eligible
very low, lower, or moderate income households.
3. Upon resale, the seller of a target unit shall retain the
value of any improvements, the down payment, and
the seller’s proportionate share of appreciation. The city
shall recapture its proportionate share of appreciation,
which shall be used to promote home ownership
opportunities as provided for in Health and Safety Code
Section 33334.2. The city’s proportionate share shall be
equal to the percentage by which the initial sale price
to the targeted household was less than the fair market
value of the dwelling unit at the time of initial sale.
k. Rental Housing Developments. In the case of rental housing
developments, the affordable housing agreement shall
provide for the following conditions governing the use of
target units during the use restriction period:
1. The rules and procedures for qualifying tenants,
establishing affordable rent rates, filling vacancies, and
maintaining target units for qualified tenants.
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2. Provisions requiring owners to verify tenant incomes and
maintain books and records to demonstrate
compliance with this chapter.
3. Provisions requiring owners to submit an annual report to
the city, which includes the name, address, and income
of each person occupying target units, and which
identifies the bedroom size and monthly rent or cost of
each target unit.
5. Notice of Conversions. Notice of conversions of affordable units to
market-rate units shall be provided pursuant to the following
requirements:
a. General. At least a one (1) year notice shall be required prior
to the conversion of any rental units for affordable
households to market-rate.
b. Required Notice. Notice shall be given to the following:
1. The city;
2. The State Housing and Community Development
Department (HCD);
3. The Los Angeles County Housing Authority;
4. The residents of the affordable housing units proposed to
be converted; and
5. Any other person deemed appropriate by the city.
6. Conversion of Affordable Rental Units. If an owner of a housing
development issues a notice-of-intent to convert affordable housing
rental units to market-rate housing, the city shall consider taking one
(1) or more of the following actions:
a. Meet with the owner to determine the owner’s financial
objectives;
b. Determine whether financial assistance to the current owner
will maintain the affordability of the rental housing
development or whether acquisition by another owner
dedicated to maintaining the affordability of the
development would be feasible; and
c. If necessary to maintain the affordability of the housing unit
or facilitate sale of the rental development, consider the use
of redevelopment housing set-aside funds or assistance in
accessing state or federal funding.
1.
SECTION 32. Section 17.42.120 (Housing accessibility – Reasonable
accommodation for disability.) of Chapter 17.42 (General Provisions, Conditions
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and Exceptional Uses) of Title 17 (Zoning) of the Hermosa Beach Municipal Code
shall be replaced as follows:
17.42.120 Housing accessibility – Reasonable accommodation for disability
A. Purpose and Applicability.
1. This section provides a procedure to request reasonable
accommodation for persons with disabilities seeking equal access to
housing under the Fair Housing Laws in the application of zoning
laws, building codes, and other land use regulations, policies and
procedures. Fair Housing Laws means "Fair Housing Amendments Act of
1988" (42 U.S.C. Section 3601, et seq.), including reasonable
accommodation required by 42 U.S.C. Section 3604(f)(3)(B), and the
"California Fair Employment and Housing Act" (California Government
Code Section 12900, et seq.), including reasonable accommodation
required specifically by California Government Code
Sections 12927(c)(1) and 12955(l), as any of these statutory provisions
now exist or may be amended from time to time.
2. A request for reasonable accommodation may be made by any person
with a disability, his/her representative, or any business
or property owner when the application of a zoning law, building code
provision or other land use regulation, policy or practice acts as a barrier
to fair housing opportunities. A person with a disability is a person who
has a physical or mental impairment that limits or substantially limits one
or more major life activities, anyone who is regarded as having such
impairment or anyone who has a record of such impairment, as those
terms are defined in the Fair Housing Laws.
3. A request for reasonable accommodation may include a modification
or exception to the rules, standards and practices for the siting,
development and use of housing or housing related facilities that would
eliminate regulatory barriers and provide a person with a disability equal
opportunity to housing of their choice. Requests for reasonable
accommodation shall be made in the manner prescribed by this
section.
4. It is the intent of this section that, notwithstanding time limits provided to
perform specific functions, application review, decision making and
appeals proceed expeditiously, especially where the request is time
sensitive, and so as to reduce impediments to equal access to housing.
B. Application Submittal.
1. Any person with a disability may request a reasonable accommodation
on a form supplied by the community development department
including the following information, accompanied by a fee established
by resolution of the city council:
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a. The applicant’s or representative’s name, mailing address and
daytime phone number;
b. The address of the property for which the request is being made;
c. The specific code section, regulation, procedure or policy of the city
from which relief is sought;
d. A site plan or illustrative drawing showing the proposed
accommodation;
e. An explanation of why the specified code section, regulation,
procedure or policy is preventing, or will prevent, the applicant’s use
and enjoyment of the subject property;
f. The basis for the claim that the Fair Housing Laws apply to the
individual(s) and evidence satisfactory to the city supporting the
claim, which may include a letter from a medical doctor or other
licensed health care professional, a disabled license, or any other
appropriate evidence;
g. A detailed explanation of why the accommodation is reasonable
and necessary to afford the applicant an equal opportunity to use
and enjoy a dwelling in the city;
h. Verification by the applicant that the property is the primary
residence of the person(s) for whom reasonable accommodation is
requested; and
i. Any other information required to make the findings required by
subsection (D) of this section consistent with the Fair Housing Laws.
2. A request for reasonable accommodation may be filed at any time that
the accommodation may be necessary to ensure equal access to
housing.
3. A reasonable accommodation does not affect or negate an
individual ’s obligations to comply with other applicable regulations not
at issue in the requested accommodation.
4. If an individual needs assistance in making the request for reasonable
accommodation, the city shall provide assistance to ensure that
the process is accessible.
5. Should the request for reasonable accommodation be made
concurrently with a discretionary permit, then the fee for a reasonable
accommodation application may be waived provided that the
prescribed fee shall be paid for all other discretionary permits.
C. Reviewing Authority.
1. Applications for reasonable accommodation shall be reviewed by the
Community Development Director or designee.
D. Findings. The reviewing authority shall approve the request for a reasonable
accommodation if, based upon all of the evidence presented, the
following findings can be made:
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1. The housing, which is the subject of the request for reasonable
accommodation, will be occupied by an individual with disabilities
protected under Fair Housing Laws;
2. The requested accommodation is reasonable and necessary to make
housing available to an individual with disabilities protected under the
Fair Housing Laws;
3. The requested accommodation will not impose an undue financial or
administrative burden on the city, as defined in the Fair Housing Laws
and interpretive case law; and
4. The requested accommodation will not require a fundamental
alteration in the nature of the city’s zoning or building laws, policies
and/or procedures, as defined in the Fair Housing Laws and interpretive
case law. The city may consider, but is not limited to, the following
factors in determining whether the requested accommodation would
require a fundamental alteration in the nature of the city’s zoning or
building program:
a. Whether the requested accommodation would fundamentally alter
the character of the neighborhood; and
b. Whether granting the requested accommodation would
substantially undermine any express purpose of either the city’s
general plan or an applicable specific plan.
E. Decision.
1. The review authority shall consider an application, and issue a written
determination within forty (40) calendar days of the date of receipt
of a completed application.
2. If necessary to reach a determination on any request for reasonable
accommodation, the review authority may request further
information from the applicant consistent with this section, specifying
in detail what information is required. In the event a request for further
information is made, the applicable time period to issue a written
determination shall be stayed until the applicant reasonably
responds to the request.
3. The review authority’s written decision shall set forth the findings, any
conditions of approval, notice of the right to appeal, and the right to
request reasonable accommodation on the appeals process, if
necessary. The decision shall be mailed to the applicant.
4. The reasonable accommodation shall be subject to any reasonable
conditions imposed on the approval that are consistent with the
purposes of this section.
5. In making the approval findings in subsection (D) of this section, the
review authority may approve alternative reasonable
accommodations that provide an equivalent level of benefit to the
applicant.
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6. The written decision of the reviewing authority shall be final unless
appealed in the manner set forth below.
7. While a request for reasonable accommodation is pending, all laws
and regulations otherwise applicable to the property that is the
subject of the request shall remain in full force and effect.
8. Where the improvements or modifications approved through a
reasonable accommodation would generally require a variance, a
variance shall not be required.
F. Appeals.
1. The decision on a reasonable accommodation may be appealed to
the city council within ten (10) calendar days of the issuance of a
written decision.
2. The appeal shall be made in writing including a statement of the
grounds for appeal, and accompanied by a fee established by
resolution of the city council.
3. The city council shall hear the matter and render a determination as
soon as reasonably practicable, but in no event later than sixty (60)
calendar days after an appeal has been filed. All determinations
shall address and be based upon the same findings required to be
made in the original determination from which the appeal is taken.
4. The city shall provide notice of an appeal hearing to the applicant.
The council shall announce its findings within forty (40) calendar days
of the hearing, unless good cause is found for an extension, a nd the
decision shall be mailed to the applicant. The council ’s action shall
be final.
5. If an individual needs assistance in filing an appeal on an adverse
decision, the city shall provide assistance to ensure that the appeals
process is accessible.
G. Waiver of Time Periods. Notwithstanding any provisions in this section
regarding the occurrence of any action within a specified period of time,
the applicant may request additional time beyond that provided for in this
section or may request a continuance regarding any decision or
consideration by the city of a pending appeal. Extensions of time sought
by applicants shall not be considered delay on the part of the city, shall not
constitute failure by the city to provide for prompt decisions on applications
and shall not be a violation of any required time period set forth in this
section.
H. Notice to the Public of Availability of Accommodation Process. The city shall
prominently display in the public areas of the community development
department at City Hall a notice advising those with disabilities or their
representatives that they may request a reasonable accommodation in
accordance with the procedures established in this section. City
employees shall direct individuals to the display whenever they are
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requested to do so or reasonably believe that individuals with disabilities or
their representatives may be entitled to a reasonable accommodation.
I. Expiration, Time Extension, Violation, Discontinuance, and Revocation.
1. Any reasonable accommodation approved in accordance with the
terms of this section shall expire within twenty-four (24) months from
the effective date of approval or at an alternative time specified as
a condition of approval unless:
a. A building permit has been issued and construction has
commenced;
b. A certificate of occupancy has been issued;
c. The use is established; or
d. A time extension has been granted.
2. The community development director may approve a time extension
for a reasonable accommodation for good cause for a period or
periods not to exceed three (3) years. An application for a time
extension shall be made in writing to the community development
department no less than thirty (30) days or more than ninety (90) days
prior to the expiration date.
3. Notice of the director’s decision on a time extension shall be
provided as specified in subsection (E)(3) of this section.
4. Any reasonable accommodation approved in accordance with the
terms of this code may be revoked if any of the conditions or terms
of such reasonable accommodation are violated, or if any law or
ordinance is violated in connection therewith.
5. An accommodation is granted to an individual and shall not run with
the land unless the director finds that the modification is physically
integrated on the property and cannot feasibly be removed or
altered. Any change in use or circumstances that negates the basis
for the granting of the approval may render the reasonable
accommodation null and void and/or revocable by the city, and
thereafter the reasonable accommodation may be required to be
removed or substantially conformed to the code if reasonably
feasible.
J. Amendments. A request for changes in conditions of approval of a
reasonable accommodation, or a change to plans that would affect a
condition of approval shall be treated as a new application and shall be
processed in accordance with the requirements of this section. The
community development director may waive the requirement for a new
application and approve the changes if the changes are minor, do not
involve substantial alterations or addition to the plan or the conditions of
approval, and are consistent with the intent of the original approval.
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SECTION 33. Section 17.42.170 (Lot consolidation incentives for affordable
multifamily development) of Chapter 17.42 (General Provisions, Conditions and
Exceptional Uses) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is
hereby deleted:
A. Multifamily residential developments proposed on lots zoned R-3 or
allowing an equivalent or higher density meeting the minimum
requirements for a density bonus pursuant to Section 17.42.100 shall be
granted an additional density bonus as an incentive to acquire and
combine two (2) or more parcels into a single building site according to
the following formula:
Combined Parcel Size Base Density Increase
Less than 0.50 acre No increase
0.50 Acre to 0.99 Acre 5% Increase
1.00 Acre or More 10% Increase
This lot consolidation bonus incentive shall be calculated prior to determining any
density bonus pursuant to Section 17.42.100. Such projects shall be restricted in
compliance with Section 17.42.100(E).
B. Multifamily residential developments with less than five (5) units or a senior
citizen housing development of less than thirty-five (35) units on lots zoned
R-3 or allowing an equivalent or higher density that otherwise meet the
minimum requirements for a density bonus pursuant to Section 17.42.100
shall be granted reduced parking and lot development standards in
Section 17.42.100(D)(3) as an incentive to acquire and combine two (2) or
more parcels into a single building site. Such projects shall be restric ted in
compliance with Section 17.42.100(E).
C. Applications for lot consolidations pursuant to this section processed
concurrently with other land use entitlements shall be granted expedited
processing of planning and building entitlements and no additional fee
shall be charged for such expedited processing. (Ord. 13-1341 §10, 2013)
SECTION 34. Chapter 17.42.210 (Emergency shelters) is hereby added to Title
17 (Zoning) of the Hermosa Beach Municipal Code to read as follows:
This section sets forth requirements for the establishment and operation of
emergency shelter facilities.
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A. Permit and Operational Requirements. The approval and operation of an
emergency shelter shall be subject to the following requirements:
1. Administrative Permit Required. Emergency shelters may be
established and operated in the R-3, C-3, SPA-7 and SPA-8 zoning
districts subject to the granting of an administrative permit in
compliance with Chapter 17.55.
2. Management and Operations Plan. An application for an
administrative permit to establish and operate an emergency shelter
shall be accompanied by a management plan, which shall establish
hours of operation, staffing levels and training procedures, maximum
length of stay, size and location of exterior and interior onsite waiting
and intake areas, admittance and discharge procedures, provisions
for on-site or off-site supportive services, on-site and off-site security
procedures, and protocols for communications with local law
enforcement agencies and surrounding property owners.
B. Development Standards. Emergency shelters shall conform to the following
standards.
1. The maximum number of beds shall be ten (10). An additional four (4)
beds may be provided for children under the age of eighteen (18)
with a parent or guardian within designated family units.
2. A minimum separation of three hundred (300) feet, measured from
the property line, shall be maintained between all emergency
shelters.
3. Separate private shower and toilet facilities shall be provided for
men, women and families.
4. Alcohol and narcotics use and consumption are prohibited both
within the facility and on the property. No amplified music or sound
is allowed. No animals are permitted (except guide dogs for the
disabled or ordered by a doctor for medical reasons).
5. Bicycle racks or bicycle lockers for three (3) bicycles shall be
provided onsite near the facility.
6. Stays at the facility shall be on a first-come first-served basis. Clients
may be admitted to the facility only between 6:00 p.m. and 8:00 a.m.
The facility may remain open twenty-four (24) hours a day only if
providing onsite accessory services. Clients have no guaranteed bed
for the next night. The maximum length of stay at the facility shall not
exceed one hundred eighty (180) days in a three hundred sixty-five
(365) day period.
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7. The facility may provide the following services in an area separate
from sleeping areas, such as counseling services, laundry facilities to
serve the clients at the shelter, client storage area such as for the
storage of bicycles or personal items, or similar services geared to
homeless clients. All such areas and facilities shall be located within
a building, with the exception of bicycle parking.
8. A waiting area shall be provided which contains a minimum of ten
(10) square feet per bed provided at the facility. The waiting area
shall be in a location not adjacent to the public right of way, shall be
visually separated from public view by a minimum six (6) -foot tall
screening of mature landscaping or by a minimum six (6) foot tall
decorative masonry wall, and shall provide consideration of shade
and protection from the elements.
9. Security and Safety. A staff member shall be on-premises at all times
the facility is open to clients. Security and safety shall be addressed
for both on and off-site needs, including provisions to address the
separation of male/female sleeping areas as well as any family areas
within the facility. At a minimum, the plan shall contain provisions
addressing security and safety.
10. Loitering Control. Measures regarding off-site controls to minimize the
congregation of clients in the vicinity of the facility during hours that
clients are not allowed on-site.
11. Management for Outdoor Areas. A system for daily admittance and
discharge procedures, including monitoring for waiting areas, shall
be developed to minimize disruption to nearby land uses.
12. Staff Training. A staff training program shall be maintained that
provide adequate knowledge and skills necessary to assist clients in
obtaining permanent shelter and income.
13. Communications. A communication and outreach plan shall be
developed to maintain good communication and response to
operational issues which may arise from the neighborhood, City staff,
or the general public.
14. Client Eligibility. A screening program to determine client eligibility is
required. The facility shall be required to utilize the Los
Angeles County region’s current Homeless Management Information
System.
15. Counseling Services. Provision of or links to counseling services are
encouraged. Identify and describe the counseling programs to be
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provided as well as procedures that will be used to refer clients to
outside assistance agencies. An annual report to the City on this
activity is required.
16. Facility rules shall be conspicuously displayed in English and Spanish.
17. Litter Control. Litter and trash removal attributable to facility
operations and its clients shall be provided. Graffiti shall be removed
within twenty-four (24) hours.
SECTION 35. Chapter 17.42.220 (Supportive Housing) is hereby added to Title
17 (Zoning) of the Hermosa Beach Municipal Code to read as follows:
A. Supportive and Transitional Housing. Pursuant to California Government
Code Section 65583(c)(3), transitional and supportive housing constitute a
residential use and are subject only to those restrictions that apply to other
residential uses of the same type in the same zoning district.
B. Up to 50 Units Permitted By Right. Pursuant to California Government Code
Section 65651, supportive housing development with up to 50 supportive
housing units shall be permitted by right in all zones where multi-family and
mixed-use residential development are permitted provided the
development satisfies all of the following requirements:
1. All supportive housing units within the development are subje ct to a
recorded affordability restriction for 55 years.
2. One hundred percent of the units, excluding managers' units, within
the development are dedicated to lower income households and
are receiving public funding to ensure affordability of the housing to
lower income Californians. For purposes of this paragraph, “lower
income households” has the same meaning as defined in Section
50079.5 of the Health and Safety Code.
3. At least 25 percent of the units in the development or 12 units,
whichever is greater, are restricted to residents in supportive housing
who meet criteria of the target population. If the development
consists of fewer than 12 units, then 100 percent of the units,
excluding managers' units, in the development shall be restricted to
residents in supportive housing.
4. The developer shall provide the information required by California
Government Code Section 65652 to the Planning Division.
5. Nonresidential floor area shall be used for onsite supportive services
in the following amounts:
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a. For a development with 20 or fewer total units, at least 90
square feet shall be provided for onsite supportive services.
6. For a development with more than 20 units, at least 3 percent of the
total nonresidential floor area shall be provided for onsite su pportive
services that are limited to tenant use, including, but not limited to,
community rooms, case management offices, computer rooms, and
community kitchens.
7. The developer replaces any dwelling units on the site of the
supportive housing development in the manner provided in
paragraph (3) of subdivision (c) of Section 65915.
8. Units within the development, excluding managers' units, include at
least one bathroom and a kitchen or other cooking facilities,
including, at minimum, a stovetop, a sink, and a refrigerator.
9. Notwithstanding any other provision of this Section to the contrary,
the local government shall, at the request of the project owner,
reduce the number of residents required to live in supportive housing
if the project-based rental assistance or operating subsidy for a
supportive housing project is terminated through no fault of the
project owner, but only if all of the following conditions have been
met:
a. The owner demonstrates that it has made good faith efforts
to find other sources of financial support.
b. Any change in the number of supportive service units is
restricted to the minimum necessary to maintain project's
financial feasibility.
c. Any change to the occupancy of the supportive housing
units is made in a manner that minimizes tenant disruption
and only upon the vacancy of any supportive housing units.
10. Over 50 units, a conditional use permit is required.
SECTION 36. Chapter 17.42.230 (Residential Care Facilities - Large) is hereby
added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as
follows:
A. Permit and Operational Requirements. The approval and operation of an
emergency shelter shall be subject to the following requirements:
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1. Administrative Permit Required. Emergency shelters may be established
and operated in the C-3, SPA-7 and SPA-8 zoning districts subject to the
granting of an administrative permit in compliance with Chapter 17.55.
2. Management and Operations Plan. An application for an administrative
permit to establish and operate an emergency shelter shall be
accompanied by a management plan, which shall establish hours of
operation, staffing levels and training procedures, maximum length of
stay, size and location of exterior and interior onsite waiting and intake
areas, admittance and discharge procedures, provisions for on-site or
off-site supportive services, on-site and off-site security procedures, and
protocols for communications with local law enforcement agencies and
surrounding property owners.
B. Requirements for a Large Residential Care Facility. Large residential care
facilities shall conform to the following requirements:
1. A Large Residential Care Facility may only be located within a zone that
permits them.
2. All facilities shall comply with the development standards of the zone
which they are located.
3. Separation. Minimum distance from any other Residential Facility shall
be 300 feet as specified by State Health and Safety Code Section
1267.9
4. Parking shall be provided in accordance with the applicable
requirements of the primary residential use of the property. Refer to
Section 17.44.020.
5. Restrictions to ensure compliance with city noise regulations
(Municipal Code Chapter 8.24) may be placed on the operation of the
care facility, including but not limited to the time and location of
outdoor activities.
6. Adequate space for loading and unloading persons shall be available
or shall be provided on the site.
7. Management shall ensure that a manager is on duty at all times the
facility is operating.
8. The applicant shall submit a Programming Plan to detail daily
operations.
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SECTION 37. Chapter 17.42.240 (Low Barrier Navigation Centers) is hereby
added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as
follows:
A. The purpose of this chapter is to establish development standards for low-
barrier navigation centers and to ensure this use is constructed and
operated in a manner that is consistent with the requirements and
allowances of state law, specifically Article 12 of Chapter 3 of Division 1 of
Planning and Zoning Law commencing with California Government Code
Section 65660.
B. The provisions of this chapter shall apply to all low-barrier navigation center
projects.
C. An Administrative Permit in accordance with Chapter 17.55 is required prior
to establishment of any low-barrier navigation center project meeting
either of the following criteria. The permit shall be a ministerial action
without discretionary review or a hearing. The City shall notify a developer
whether the developer’s application is complete within 30 days, pursuant
to California Government Code Section 65943. Action shall be taken within
60 days of a complete application being filed.
D. A low-barrier navigation center development is a use by-right in areas
zoned for mixed-use and nonresidential zones permitting multifamily uses, if
it meets the following requirements:
1. Connected Services. It offers services to connect people to permanent
housing through a services plan that identifies services staffing.
2. Coordinated Entry System. It is linked to a coordinated entry system, so
that staff in the interim facility or staff who co-locate in the facility may
conduct assessments and provide services to connect people to
permanent housing. “Coordinated entry system” means a centralized or
coordinated assessment system devel oped pursuant to Section
576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code
of Federal Regulations, as those sections read on January 1, 2020, and
any related requirements, designed to coordinate program participant
intake, assessment, and referrals.
3. Code Compliant. It complies with Chapter 6.5 (commencing with
Section 8255) of Division 8 of the Welfare and Institutions Code.
4. Homeless Management Information System. It has a system for entering
information regarding client stays, client demographics, client income,
and exit destination through the local Homeless Management
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Information System, as defined by Section 578.3 of Title 24 of the Code
of Federal Regulations.
SECTION 38. Chapter 17.42.250 (Work/live developments.) is hereby added to
Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows:
A. Purpose. This purpose of this section is to allow and establish requirements
for work/live developments. Units within work/live developments are
intended to allow for a non-residential primary use, with an accessory
residential use, which together foster creative and innovative industrial
uses.
B. Applicability. Work/live units are allowed in the M-1 zoning district.
C. General Provisions.
1. Work/live units must be located in a development, building, or
structure approved and permitted for such use. This section is not
intended to allow conversion of non-residential spaces in a fully non-
residential building into full or partial residential spaces.
2. The non-residential component of work/live units must comply with
the uses set forth in Section 17.28.020 (Permitted uses).
3. The non-residential and the residential units must be occupied by the
same tenant.
4. Residential areas are permitted above or behind the non-residential
component, provided that there is internal access between the
residential and non-residential unit.
5. The non-residential component shall be operated indoors and shall
not be conducted in any required yard or parking area.
6. Signage intended to promote on-site non-residential uses shall
comply with Section 17.50.150.
7. The external access for the non-residential component shall be
oriented to the street and should have at least one external
entrance/exit separate from the residential space. The entrance to
the non-residential component shall be located on the ground level.
8. The work/live unit shall be required to provide parking in accordance
with Chapter 17.44 (Off-Street Parking).
9. The non-residential use shall not generate external noise, odor, glare,
vibration or electrical interference detectable to the normal sensory
perception by adjacent neighbors.
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10. No explosive, toxic, combustible or flammable materials in excess of
what would be allowed incidental to normal residential use shall be
stored or used on the premises.
D. Short term rentals prohibited. It shall be unlawful for any person to offer or
make available for rent or to rent (by way of a rental agreement, lease,
license or any other means, whether oral or written) for compensation or
consideration a residential dwelling, a dwelling unit or a room in a dwelling
for less than thirty (30) consecutive days. It shall be unlawful for any person
to occupy a residential dwelling, a dwelling unit or a room in a dwelling for
less than thirty (30) consecutive days pursuant to a rental agreement, lease,
license or any other means, whether oral or written, for compensation or
consideration.
SECTION 39. Chapter 17.42.260 (Building Design Guidelines.) is hereby added
to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows:
A. Articulation. No façade facing a public right-of-way shall run in a continuous
plane of more than 10 feet without incorporating one or more of the following:
1. A vertical wall shift at least two feet in depth.
2. A change in material. The material change shall be a minimum of three
feet wide and a minimum of one story.
3. A window or building entrance.
4. A projection such as a stoop, bay, or overhang.
5. Alternative designs to accommodate a complete architectural style
may be approved through the Modification process provided
adequate design features have been incorporated to create visual
variety and avoid a bulky or monolithic appearance.
SECTION 40. Section 17.44.020 (Off-street parking – Residential uses.) of
Chapter 17.44 (Off-Street Parking) of Title 17 (Zoning) of the Hermosa Beach
Municipal Code shall be replaced as follows:
The aggregate amount of off-street automobile parking spaces provided in
connection with each of the following uses shall be not less than the following:
Residential Housing Type Parking Requirement
A. One (1) family dwelling; Two (2) off-street parking spaces
plus one (1) guest space.
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B. Duplex or two (2) family dwelling;
Exception: Density Bonus Projects
Two (2) off-street parking spaces for
each unit plus one (1) guest space.
One (1) additional space of on-site
guest parking shall be provided for
each on-street space lost because
of new curb cuts and/or driveways.
C. Multiple dwellings (three (3) or
more units); Exception: Density
Bonus Projects
Spaces per each dwelling unit:
Zero to one bedroom: 1.5 spaces
Two bedrooms: 2 spaces
Three+ bedrooms: 2.5 space; plus
one (1) guest space for each two
(2) dwelling units; plus
one (1) additional space for each
on-street space lost because of new
curb cuts and/or driveways.
D. Supportive or transitional housing Parking requirement for residential
use. Exception: no parking required
if within ½ mile of public transit stop.
E. Junior accessory dwelling unit and
accessory dwelling unit
Refer to Section 17.21.050(F).
F. Density bonus projects; Projects
with over 20% affordable units;
Senior housing
(Maximum Requirement per unit)
(1) Zero to one bedroom: one (1)
parking space.
(2) Two to three bedrooms: one and
a half (1.5) parking spaces.
(3) Four and more bedrooms: two
and one-half (2.5) parking spaces.
G. Residential Care Facilities – Small. Same as the Residential Housing
Type
H. Residential Care Facilities – Large;
Assisted Living Facility
1 for every 3 beds
I Emergency Shelters; Low Barrier
Navigation Centers
One (1) space for each staff
member or employee on duty.
SECTION 41. Section 17.44.030 (Off-street parking – Commercial and business
uses.) of Chapter 17.44 (Off-Street Parking) of Title 17 (Zoning) of the Hermosa
Beach Municipal Code shall be replaced as follows:
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Required Number of Spaces by Use. The aggregate amount of off-street
automobile parking spaces provided for various uses shall not be less than the
following, unless a parking plan approved by the planning commission pursuant
to 17.44.210 allows for a reduction in the number of spaces required.
A. Assembly halls: one (1) space for each five (5) seats, permanent or removable,
or one (1) space for each fifty (50) square feet of gross floor area in the
assembly hall, whichever is greater.
B. Automobile or boat sales: one (1) space for each one thousand (1,000) square
feet of site area.
C. Bowling alleys: five (5) spaces for each lane plus one (1) space for each three
hundred (300) square feet of gross floor area except bowling alley lanes and
approach areas.
D. Clubs, fraternity and sorority houses, rooming and boarding houses and similar
uses having sleeping and guest rooms: two (2) covered spaces for each three
(3) guest rooms; in dormitories each fifty (50) square feet shall be considered
a guest room; two (2) spaces shall be required for each guest room with
kitchen facilities.
E. Commercial Uses.
1. Bars and cocktail lounges: one (1) space for each eighty (80) square
feet of gross floor area.
2. Beauty colleges: one (1) space for each one hundred (100) square feet
of gross floor area.
3. Business schools and trade schools: one (1) space for each one hundred
(100) square feet of gross floor area.
4. Furniture and hardware stores: one (1) space for each two hundred fifty
(250) square feet of gross floor area.
5. Offices, general: one (1) space for each two hundred fifty (250) square
feet of gross floor area.
6. Offices, Governmental and Public Utilities. Government offices that
generate high levels of contact with the public, or have high numbers
of employees, including but not limited to employment offices, public
social services offices, Department of Motor Vehicle offices: one (1)
space per seventy-five (75) square feet of gross floor area for the first
twenty-thousand (20,000) square feet of the building(s), plus one (1)
space per two hundred fifty (250) square feet of gross floor area for the
remaining floor area.
7. Offices, medical: five (5) spaces for each one thousand (1,000) square
feet of gross fl oor area.
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8. Restaurants: one (1) space for each one hundred (100) square feet of
gross floor area plus one (1) per 200 square feet of on-site outdoor
seating area in excess of 400 square feet.
9. Retail, general retail commercial uses: one (1) space for each two
hundred fifty (250) square feet of gross floor area.
10. Gymnasiums/health and fitness centers, as follows:
a. Less than or equal to three thousand (3,000) square feet and with
less than or equal to twenty (20) students at one time if classes are
offered: one (1) space per two hundred fifty (250) square feet of
gross floor area.
b. Greater than three thousand (3,000) square feet but not more
than six thousand (6,000) square feet, or with more than forty (40)
students at one time if classes are offered: one (1) space per two
hundred (200) square feet of gross floor area.
c. Greater than six thousand (6,000) square feet, or with more than
forty (40) students at one time if classes are offered: one (1) space
per one hundred (100) square feet of gross floor area.
F. Hospitals: two (2) spaces for each patient bed.
G. Hospitals (mental), convalescent homes, guest homes, rest homes, sanitariums,
assisted living facilities, and similar institutions: one (1) space for each three (3)
beds.
H. Hotels: one (1) space for each unit for the first fifty (50) units; one (1) space per
one (1) and one-half (1/2) units after fifty (50); and one (1) space per two (2)
units after one hundred (100) units. Hotels with facilities including restaurants,
banquet rooms, conference rooms, commercial retail uses and similar
activities shall provide parking for the various uses as computed separately in
accordance with the provisions of this chapter.
I. Industrial Uses. The parking requirements of this subsection apply only to
industrial uses; parking for commercial and other permitted uses in industrial
zones shall provide the number of spaces as otherwise specified by this
chapter.
1. Industrial uses of all types, except, public utility facilities and warehouses:
one (1) space for each vehicle used in conjunction wi th the use; plus
one (1) space for each three hundred (300) square feet of gross floor
area.
2. Warehouses, buildings or portions of buildings used exclusively for
warehouse purposes: one (1) space for each one thousand (1,000)
square feet for the first twenty thousand (20,000) square feet; plus, one
(1) space for each two thousand (2,000) square feet for the second
twenty thousand (20,000) square feet; plus one (1) space for each four
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thousand (4,000) square feet in excess of forty thousand (40,000) square
feet; plus one (1) space for each vehicle operated from the property.
Prior to approval of a warehouse use by the city, a covenant shall be
recorded, guaranteeing the warehouse area, facility or building will not
be converted, remodeled or changed to a nonwarehouse use unless
the number of spaces otherwise required by this chapter are secured
and provided prior to such change or unless approved by planning
commission in accordance with this chapter.
J. Mobilehomes or trailer parks: two (2) spaces for each dwelling unit with at least
one (1) space adjacent to the trailer site.
K. Mortuaries or undertaking establishments: one (1) space for each seventy-five
(75) square feet of building area for the chapel or public assembly area.
L. Motels: one (1) space for each unit, plus two (2) for the manager’s unit.
M. Recreation or amusement establishments: one (1) space for each seventy-five
(75) square feet of gross floor area.
N. Service stations: one (1) space for each one thousand (1,000) square feet of
site area.
O. Snack Bar/Snack Shop. The parking requirements for a snack bar and/or snack
shop shall be the same as that for a restaurant.
P. Short-term vacation rentals in commercial zones: one (1) space per bedroom,
in no case less than one (1) space per unit and a maximum of two (2) spaces
per unit being required.
Q. Residential Uses – refer to 17.44.020
1. Supportive and Transitional Housing
2. Residential Care Facilities
3. Residential Care Facilities
4. Low Barrier Navigation Center
5. Emergency Shelters
SECTION 42. Chapter 17.55 (Administrative Permits) of Title 17 (Zoning) of the
Hermosa Beach Municipal Code shall be replaced as follows:
17.55.010 Authority to grant.
The community development department may grant administrative permits for
all such uses and matters required by this title to be reviewed and allowed only
upon the granting of an administrative permit.
17.55.020 Purpose.
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The purpose of an administrative permit is to ensure that a proposed use or matter
for which an administrative permit is required complies with the standards,
limitations and other regulations applicable to the subject use or matter.
17.55.030 Application filing.
Prior to the establishment of any use or grant of any or entitlement for which an
administrative permit administered by this section is required by this title or Code,
an application for an administrative permit, signed by a property owner, lessee or
business owner shall be filed with the community development department upon
a form furnished by the department. The application shall include a site plan,
drawings and information in sufficient detail to demonstrate compliance with the
regulations applicable to the subject use or matter, accompanied by a fee set
by resolution of the city council.
17.55.030 Required Findings.
The review authority must make all of the following findings to approve or
conditionally approve an Administrative Permit application. The inability to make
one or more of the findings is grounds for denial of an application.
A. The proposed use is allowed within the applicable zone with Administrative
Permit approval, and complies with all other applicable provisions of this
Zoning Ordinance and the Municipal Code;
B. The proposed use is consistent with the General Plan and any applicable
specific plan;
C. The site is physically adequate for the type, density, and intensity (e.g.,
number of employees and customers) of use being proposed, including
provision of services (e.g., sanitation and water), public access, and the
absence of physical constraints;
D. The design, location, size, and operating characteristics of the proposed
use are compatible with the existing and future land uses on site and in the
vicinity of the subject property; and
E. The establishment, maintenance, or operation of the proposed use at the
location proposed will not endanger, jeopardize, or otherwise constitute a
menace to the public convenience, health, interest, safety, or the general
welfare of persons residing or working in the vicinity of the proposed use.
17.55.040 Report of decision.
Except as set forth below, the community development director shall issue the
administrative permit no more than thirty (30) days following the filing of a
complete application therefor. Approval will be based upon determining the
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request complies with the standards, limitations and other regulations in the
governing section, which may include the imposition of conditions and limitations
to ensure the permit is consistent with said requirements intended to protect the
public health, safety and welfare; otherwise, the director shall deny the
application and provide the applicant a written statement of the reasons the
permit cannot be issued. The applicant shall be advised in writing of the right to
appeal the director’s decision pursuant to Section 17.55.050.
Notwithstanding above, permits for accessory dwelling units and/or junior
accessory dwelling units shall be decided within one hundred twenty (120) days
of receipt of a complete application and subject to the provisions outlined
in Chapter 17.21.
17.55.050 Effective date–Appeals.
A. Notwithstanding 17.55.050(C), decisions of the community development
director may be appealed to the planning commission by filing an appeal
within fifteen (15) days of the director’s decision; provided, that upon
affixing the signature of the applicant to an issued permit, the permit shall
become effective and the right to appeal shall be waived. Appeals shall
be filed in writing with the community development department
accompanied by a fee set by resolution of the city council. Notice of
hearing shall be given to the applicant at least ten (10) days prior to the
hearing, unless the applicant agrees to waive the requirement so that the
matter may be heard at an earlier time. The commission’s review shall be
limited to a determination of whether the application complies with the
requirements of the applicable governing section(s). The filing of an appeal
within such time shall stay the effective date of the decision until the
commission has acted on the appeal. The commission’s decision shall be
final and conclusive, unless the governing section specifically provides for
a direct or subsequent appeal to the city council.
B. Appeals to the city council shall be filed with the city clerk accompanied
by a fee set by resolution of the city council. The filing of an appeal within
ten (10) days shall stay the effective date of the decision until the council
has acted on the appeal as hereinafter set forth in this title. Upon receipt of
a written appeal, the planning commission shall transmit to the council the
planning commission’s complete record of the case. Notice of hearing shall
be given to the applicant at least ten (10) days prior to the hearing, unless
the applicant agrees to waive the requirement so that the matter may be
heard at an earlier time. The council shall hear the matter and render a
determination as soon as reasonably practicable, but in no event later than
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sixty (60) days after an appeal has been filed unless requested by the
applicant. The council’s review shall be l imited to a determination of
whether the application complies with the requirements of the governing
section. The council shall announce its findings within forty (40) calendar
days of the hearing, unless good cause is found for an extension, and the
decision shall be mailed to the applicant. The council ’s decision shall be
final and conclusive.
C. Ministerial or non-discretionary Administrative Permits are not eligible for
appeal.
17.55.060 Reapplication upon denial.
After the denial of an administrative permit has become final, no further
application for the same administrative permit shall be filed for the
same property for the ensuing six months, unless the project has been revised so
as to eliminate the decision making body’s previous objections to the project.
Said revision shall require a completely new application process and payment of
fees.
17.55.070 Revocation.
Any administrative permit may be revoked by the director or the decision making
body for any of the following causes:
A. That any term or condition has not been complied with;
B. That the property for which the administrative permit has been granted is
used or maintained in violation of any statute, law, regulation or condition
of approval;
C. That the use for which the administrative permit was granted has not been
exercised for at least twelve (12) consecutive months, or has ceased to
exist, or has been abandoned;
D. The administrative permit has been issued for a short-term vacation rental,
which has received three (3) affirmed violations of the ordinance codified
in this section or any of the city’s quality of life ordinances, such as noise
violations, disturbing the peace, or creating a public nuisance, within a 12-
month period; or,
E. That the use for which the administrative permit was granted has been so
exercised as to be detrimental to the public health or safety or so as to
constitute a nuisance.
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A hearing to show cause why the permit should not be revoked shall be held by
the issuing body prior to the revocation of any administrative permit. Written
notice shall be provided the permit holder at least ten (10) days prior to the
hearing stating the reasons therefor. (Ord. 19-1395 §7, 2019)
17.55.080 Expiration.
An administrative permit shall expire at the conclusion of the permitted use or
activity, not to exceed one year from the effective date if no expiration or term is
stated therein, and the property shall thereafter be used in compliance with the
provisions of this Title and Code.
SECTION 43. Chapter 17.56 (Conditional Use Permits) of Title 17 (Zoning) of the
Hermosa Beach Municipal Code shall be replaced as follows:
17.56.010 Authority to grant.
A. The planning commission may grant conditional use permits for residential
planned developments and commercial planned developments.
B. The planning commission may grant conditional use permits upon
application for all such matters as by this ordinance are required to be
reviewed and allowed only upon the granting of a conditional use permit.
17.56.020 Purpose.
The purpose of a conditional use permit shall be:
A. To assure that the degree of compatibility shall be maintained with respect
to the particular use on the particular site and in consideration of other
existing and potential uses within the general area in which such use is
proposed to be located; and
B. To recognize and compensate for variations and degree of
technological processes and equipment as related to the factors of noise,
smoke, dust, fumes, vibration, odors and hazards.
17.56.030 Applicability
Approval of a Use Permit is required for uses or developments specifically
identified in any section of this Title which requires a Use Permit.
17.56.040 Criteria for review.
In reviewing any conditional use permit for any use, the following criteria for
granting said permit shall be considered:
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A. Distance from existing residential uses;
B. The amount of existing or proposed off-street parking facilities, and its
distance from the proposed use;
C. Location of and distance to churches, schools, hospitals and public
playgrounds;
D. The combination of uses proposed;
E. Precautions taken by the owner or operator of the proposed establishment
to assure the compatibility of the use with surrounding uses;
F. The relationship of the proposed business-generated traffic volume and the
size of streets serving the area;
G. The proposed exterior signs and decor, and the compatibility thereof with
existing establishments in the area;
H. The number of similar establishments or uses within close proximity to the
proposed establishment;
I. Noise, odor, dust and/or vibration that may be generated by the proposed
use;
J. Impact of the proposed use to the city’s infrastructure, and/or services;
K. Will the establishment contribute to a concentration of similar outlets in the
area;
L. Other considerations that, in the judgment of the planning commission, are
necessary to assure compatibility with the surrounding uses, and the city as
a whole.
17.56.050 Required findings.
The Planning Commission must make all of the following findings to approve or
conditionally approve a Use Permit application. The inability to make one or more
of the findings is grounds for denial of an application.
A. The proposed use is allowed within the applicable zone and complies with
all other applicable provisions of this Title and all other titles of the Hermosa
Beach Municipal Code;
B. The proposed use is consistent with the General Plan and any applicable
specific plan;
C. The proposed use will not be averse to the public health, safety, or general
welfare of the community, nor detrimental to surrounding properties or
improvements;
D. The design, location, size, and operating characteristics of the proposed
activity are compatible with the existing and reasonably foreseeable future
land uses and circulation in the vicinity; and
E. The site is physically suitable for the type of the use being proposed,
including access, utilities, and the absence of physical constraints.
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17.56.060 Notice and hearing on application.
Upon the filing of an application for a conditional use permit by a property owner,
or by a lessee with the written consent of the property owner, due notice of public
hearing shall be given at least ten calendar days prior to said hearing in
accordance with requirements to be established by resolution of the city council.
17.56.070 Report on findings and decision.
Not more than twenty (20) days following the public hearing on a conditional use
permit, nor more than twenty (20) days following the filing of an application for a
conditional use permit where no hearing is required, the planning commission
shall announce its findings by formal report and said report shall recite, among
other things, the facts and reasons which, in its opinion, make the granting or
denial of the conditional use permit necessary to carry out the provisions and
general purpose of this title, and shall order that the conditional use permit be
granted or denied, and if such report orders that the conditional use permit be
granted, it shall also recite such conditions and limitations as it may impose.
17.56.080 Report to be numbered and kept as permanent record.
The formal report of the planning commission announcing its decision on a
conditional use permit shall be numbered consecutively in the order of filing and
shall become a permanent record in the file of the planning commission.
17.56.090 Notice of decision to applicant.
Not later than ten days following the rendering of a decision ordering that a
conditional use permit be granted or denied, a copy of the report shall be mailed
to the applicant and his attorney at the address shown on the application filed
with the planning commission.
17.56.100 Effective date – Time limitation for appeal.
The order of the planning commission in granting or denying a
conditional use permit shall become final and effective ten days from the date
of the succeeding city council meeting at which it is determined whether or not
to review the decision of the planning commission pursuant to Section 2.52.040 of
this code until within such ten-day period an appeal in writing is filed with the
council by any person dissatisfied with the decision of the planning commission.
The filing of such appeal within such time shall stay the effective date of the order
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of the planning commission until such time as the council has acted on the
appeal as hereinafter set forth in this title.
17.56.110 Transmission of planning commission’s record to council.
Upon receipt of a written appeal filed with the council as provided herein, the
planning commission shall thereupon transmit to the council the planning
commission's complete record of the case.
17.56.120 Council to hold public hearing on appeal.
Within not to exceed forty (40) calendar days following filing of a written appeal,
the city council shall conduct a duly advertised public hearing, 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.
17.56.130 Council to announce findings and decision.
City council shall announce its findings and decision within a reasonable time, but
not to exceed sixty (60) days, following the close of the public hearing, unless
good cause is shown for the extension of time and the applicant or opponent or
both are notified of this extension and the reasons therefor. The findings and
decision shall recite the facts and reasons which in the opinion of the city council
make the approval or denial of the conditional use permit necessary to carry out
the general purpose of this title, and shall order that the conditional use permit be
granted, denied or modified subject to such conditions or limitations that it may
impose. City council may incorporate by reference all or part of any findings of
any commission, hearing officer or administrative officer without expressly setting
forth in full the findings of said commission, hearing officer or administrative officer
if the findings of said commission, hearing officer or administrative officer are in
writing and on file with the city clerk and made a part of the permanent record
of the city.
If the city council does not announce its findings and decision, notice shall be
given by mail to the applicant or opponent, or to both if they be different parties,
of when the findings and decision will be made so that the applicant or opponent
or both may be present at the meeting when said findings and decision are
announced.
17.56.140 Decision of the council shall be final.
The action by the city council on such matters shall be by three affirmative votes
of the council, and shall be final and conclusive except:
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A. 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 remodel, parking plan, permitted use request or
other similar discretionary land use matter, by the council may 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, or such longer period as may be designated
by the city council, shall be deemed to be approval of the proposed
modification.
B. Upon return of the matter to the city council, the city council may by three
affirmative votes of the council, approve, modify or disapprove the final
recommendation of the planning commission on such matters.
17.56.150 Notice of decision of the council.
Not later than thirty (30) days following the final decision of the city council that a
conditional use permit be granted or denied, notice of such action shall be
mailed to the applicant or opponent, or both if they be different parties, and one
copy shall be attached to the planning commission's file of the case and said file
returned to the planning commission for permanent filing. Failure to give notice
shall not affect the decision rendered in these matters.
SECTION 44. Chapter 17.58 (Precise Development Plan) of Title 17 (Zoning) of
the Hermosa Beach Municipal Code shall be replaced as follows:
17.58.010 Purpose
This Chapter establishes the Precise Development Plan procedure to ensure that
new development supports the goals and objectives of the General Plan and
other adopted plans and guidelines. The specific purposes of the Precise
Development Plan process are to:
A. Promote excellence in design, layout, and other physical features of
development to achieve a reasonable level of quality, compatibility, in
harmony with the community’s social, economic and environmental
objectives;
B. Ensure that new and altered development will be compatible with the
existing and potential development of the surrounding area; and
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C. Supplement other City regulations and standards in order to ensure control
of physical features of development that are not otherwise addressed.
17.58.020 Applicability and Review Authority
A. A Precise Development Plan review is required for all projects that require
a permit for new construction, rehabilitation, alteration, or other
improvements to the exterior of a structure, site or a parking area except
for:
1. Projects with four (4) or less dwelling units, including new construction,
remodels or additions thereto;
2. Remodels or additions of less than one thousand five hundred (1,500)
square feet in any zone.
B. Precise Development Plans shall be decided upon by the Planning
Commission with the following exceptions which shall be decided upon by
the Community Development Director or designee:
1. New construction, rehabilitation, alteration, or other improvements to
the exterior of a structure, site or a parking area for:
a. Projects with two (2) or more dwelling units with
affordable units or senior units (refer to section 17.42.100).
1. Projects that qualify for a density bonus pursuant to
Section 17.42.100 or are comprised entirely of residential
units restricted to be affordable to moderate- or lower-
income households shall be subject to a non-
discretionary precise development plan focusing solely
on physical design and ensuring conformance with
objective development standards, rather than
examining the appropriateness of the use itself; said
precise development plan process is not a ‘project’ and
is not subject to the California Environmental Quality Act
(CEQA).
C. Application. All applications for Precise Development Plan shall be filed with
the Community Development Department on forms prescribed by the
Community Development Director.
D. Concurrent Processing. When a development project requires a Use Permit,
Variance, or any other discretionary approval, the Precise Development
Plan application shall be submitted as a part of the application for the
underlying permit, Use Permit, or Variance., except as noted in Section
17.58.020(B)(1)(ii)(1).
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K. Notification.
1. An application for a Precise Development Plan decided upon by the
Community Development Director or design shall require a mailed
notice to the applicant.
2. An application for a Precise Development Plan decided upon by the
Planning Commission shall require notice, pursuant to Chapter 17.68,
Procedure, Hearings, Notices and Fees
L. Review Authority
1. Public Hearing is required for projects subject to Section 17.58.20(A).
An application for a Precise Development Plan shall require a public
hearing before the Planning Commission, pursuant to Chapter 17.68,
Procedure, Hearings, Notices and Fees
2. The Community Development Director shall act as the review
authority for projects subject to Section 17.58.020(B). No public
hearing shall be required.
17.58.030 Scope of Precise Development Plan Review
A. Precise Development Plan Review Considerations. Precise Development
Plan review shall be based on consideration of the requirements of this
Chapter as they apply to the design of the site plan, structures,
landscaping, and other physical features of a proposed project, including:
1. Building proportions, massing, and architectural details.
2. Site design, orientation, location, and architectural design of
buildings relative to existing structures on or adjacent to the property,
topography, and other physical features of the natural and built
environment;
3. Size, location, design, development, and arrangement of site access
for modes of transportation, including on-site vehicle and bicycle
parking.
4. Height, materials, and design of fences, walls, and screen plantings;
5. Location and type of landscaping including selection and size of
plant materials, and design of hardscape; and
6. Size, location, design, color, lighting, and materials of all signs.
17.58.040 Required Findings
The review authority must make all of the following findings to approve or
conditionally approve a Precise Development Plan application. The inability to
make one or more of the findings is grounds for denial of an application.
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A. The design, layout, and other physical features of the project comply with
all other applicable provisions of this Title and all other titles of the Hermosa
Beach Municipal Code;
B. The design, layout, and other physical features of the project are consistent
with the General Plan, and any applicable specific plan or design
guidelines; and
C. The design, layout, and other physical features of the project comply with
any design or development standards applicable to the zone, unless
waived or modified pursuant to the provisions of this Title.
17.58.050 Conditions of Approval
In approving a Precise Development Plan, the review authority may impose
reasonable conditions or restrictions and/or require reasonable guarantees and
evidence that such conditions are being, or will be, complied with, to achieve
the following outcomes:
A. Ensure that the proposal conforms in all significant respects with the
General Plan and with any other applicable plans or policies adopted by
the City Council;
B. Achieve the general purposes of this Title or the specific purpose of the zone
in which the project is located;
C. Achieve the findings for a Precise Development Plan listed in Section
17.58.050, Required Findings; or;
D. Mitigate any potentially significant impacts identified because of
environmental review conducted in compliance with the California
Environmental Quality Act.
17.58.060 Appeals
A. Except as noted in Section 17.58.020(B)(1)(ii)(1), decisions of the community
development director/staff may be appealed to the
planning commission by filing an appeal within fifteen (15) days of the
director’s decision; provided, that upon affixing the signature of the
applicant to an issued permit, the permit shall become effective and the
right to appeal shall be waived. Appeals shall be filed in writing with the
community development department accompanied by a fee set by
resolution of the city council. Notice of hearing shall be given to the
applicant at least ten (10) days prior to the hearing, unless the applicant
agrees to waive the requirement so that the m atter may be heard at an
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earlier time. The commission’s review shall be limited to a determination of
whether the application complies with the requirements of the governing
section. The filing of an appeal within such time shall stay the effective date
of the decision until the commission has acted on the appeal. The
commission’s decision shall be final and conclusive, unless the governing
section specifically provides for a direct or subsequent appeal to the city
council.
B. Appeals to the city council shall be filed with the city clerk accompanied
by a fee set by resolution of the city council. The filing of an appeal within
ten (10) days shall stay the effective date of the decision until the council
has acted on the appeal as hereinafter set forth in this title. Upon receipt of
a written appeal, the planning commission shall transmit to the council the
planning commission’s complete record of the case. notice of hearing shall
be given to the applicant at least ten (10) days prior to the hearing, unless
the applicant agrees to waive the requirement so that the matter may be
heard at an earlier time. The council shall hear the matter and render a
determination as soon as reasonably practicable, but in no event later than
sixty (60) days after an appeal has been filed unless requested by the
applicant. The council’s review shall be limited to a determination of
whether the application complies with the requirements of the governing
section. The council shall announce its findings within forty (40) calendar
days of the hearing, unless good cause is found for an extension, and the
decision shall be mailed to the applicant. The council ’s decision shall be
final and conclusive.
SECTION 45. Severability. If any section, subsection, subdivision, sentence,
clause, phrase, or portion of this resolution is for any reason held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such
decision will not affect the validity of the remainder of this resolution. The City
Council hereby declares that it would have adopted this resolution, and each
and every section, subsection, subdivision, sentence, clause, phrase, or portion
thereof, irrespective of the fact that any one or more sections, subsections,
subdivisions, sentences, clauses, phrases, or portions thereof is declared invalid or
unconstitutional.
SECTION 46. Record of Proceedings. The City Clerk is directed to certify to
the adoption of this Resolution and to keep a copy of same along with such
other documents and records of proceedings as may be designated by the City
Manager. This Resolution shall only become effective upon the adoption and
Page 59 of 59
effective date of Ordinance No. 2022-XX. The effective date of this Resolution
shall be the same as the effective date of Ordinance No. 2022-XX.
SECTION 47. Effective Date. This Ordinance shall take effect thirty (30) days
after its passage and adoption pursuant to California Government Code section
36937, or upon certification of the City’s 2021-2029 Housing Element (6th Cycle)
by the California Department of Housing and Community Development,
whichever is later.
SECTION 48. Certification. The City Clerk is directed to certify the passage
and adoption of this Ordinance; cause it to be entered into the City’s book of
original ordinances; make a note of the passage and adoption in the records of
this meeting; and, within fifteen (15) days after the passage and adoption of this
Ordinance, cause it to be published or posted in accordance with California law.
PASSED, APPROVED and ADOPTED on this ________________ day of October, 2023.
Justin Massey
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________
Myra Maravilla Patrick Donegan
City Clerk City Attorney
PC Reso 23-18 Zone Text Amendment
Final Audit Report 2023-11-01
Created:2023-11-01
By:Melanie Hurtado (mhurtado@hermosabeach.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAJtKAK7reFKxZ5t0sZiIqcKYgMLnyV_sa
"PC Reso 23-18 Zone Text Amendment" History
Document created by Melanie Hurtado (mhurtado@hermosabeach.gov)
2023-11-01 - 0:28:32 AM GMT
Document emailed to phoffman@hermosabeach.gov for signature
2023-11-01 - 0:29:38 AM GMT
Email viewed by phoffman@hermosabeach.gov
2023-11-01 - 5:41:35 PM GMT
Signer phoffman@hermosabeach.gov entered name at signing as Peter R. Hoffman
2023-11-01 - 5:44:45 PM GMT
Document e-signed by Peter R. Hoffman (phoffman@hermosabeach.gov)
Signature Date: 2023-11-01 - 5:44:47 PM GMT - Time Source: server
Document emailed to Carrie Tai (ctai@hermosabeach.gov) for signature
2023-11-01 - 5:44:48 PM GMT
Email viewed by Carrie Tai (ctai@hermosabeach.gov)
2023-11-01 - 6:54:11 PM GMT
Document e-signed by Carrie Tai (ctai@hermosabeach.gov)
Signature Date: 2023-11-01 - 7:46:07 PM GMT - Time Source: server
Agreement completed.
2023-11-01 - 7:46:07 PM GMT