HomeMy WebLinkAboutPC Reso 09-4 (UPAC)RESOLUTION P.C. 09-4
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH RECOMMENDING CITY COUNCIL ADOPT AN ENVIRONMENTAL
NEGATIVE DECLARATION AND APPROVE A ZONING TEXT AMENDMENT TO
THE HERMOSA BEACH MUNICIPAL CODE AND ZONE CHANGE FROM C-2 TO
SPECIFIC PLAN AREA NO. 11 ENCOMPASSING PARCELS LOCATED NORTH
AND SOUTH OF PIER AVENUE BETWEEN VALLEY DRIVE AND PALM DRIVE.
The Planning Commission hereby resolves and orders as follows:
SECTION 1. The Planning Commission held duly noticed public hearings on October 21 and
December 3, 2008 and February 17, 2009 (TEXT 08-8 and ZON 08-2), at which time testimony and
evidence, both written and oral, was presented to and considered by the Planning Commission.
SECTION 2. The Planning Commission of the City of Hermosa Beach hereby finds the proposed
amendment to create a new base zoning district known as ‘Specific Plan Area No. 11’ (SPA-11,
commencing with Municipal Code Section 17.38.510 and related amendments will implement the Upper
Pier Avenue Final Report, the General Plan, Coastal Land Use Plan and is compatible with the City as a
whole in that it creates a pedestrian-oriented village center that serve both local residents, as well as
visitors, and protects the local character and historical architecture of upper Pier Avenue.
SECTION 3. In accordance with Hermosa Beach Municipal Code Section 17.66.060, the
Planning Commission finds that this zone text amendment is necessary to serve the public health, safety
and general welfare by providing standards and measures to increase 'green' practices and protect the
environment including the ocean environment, protect the local character and history and viewsheds, and
increase walkability. The text amendment is consistent with the General Plan because it provides a
comprehensive program that protects the local character and architecture, increases pedestrian activity,
protects viewsheds and aesthetics, protects the environment, and provides compatibility with adjoining
residential uses
SECTION 4. The Planning Commission concurs with the Staff Environmental Review
Committee’s recommendation of December 11, 2008, based on the Environmental Assessment/Initial
Study, that this project fully mitigates and will result in a less than significant impact on the environment
for the reasons stated in the Negative Declaration and Initial Study, a Negative Declaration has been
prepared in accordance with the California Environmental Quality Act, and the Department of Fish and
Game has made a "No Effect Determination" that the project will not impact fish or wildlife or the
habitat on which it depends. The Planning Commission hereby recommends City Council adopt the
Negative Declaration.
SECTION 5. Based on the foregoing, the Planning Commission hereby recommends that
the City Council approve the amendments to the Hermosa Beach Municipal Code set forth in Exhibit 'A'
and amend the City’s Official Zoning Map by changing the properties located on the north and south
sides of Pier Avenue between Valley Drive and Beach Drive from C-2 (Restricted Commercial) to SPA-
11 (Specific Plan Area No. 11) as shown on the attached map in Exhibit 'B.'
PASSED, APPROVED AND ADOPTED this 17th day of February, 2009, by the following vote:
AYES: Comms.Allen, Darcy ,Hoffman, Chmn. Pizer
NOES: None
ABSENT: Comm. Perrotti
ABSTAIN: None
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EXHIBIT A
ZONING TEXT AMENDMENT TO THE HERMOSA BEACH MUNICIPAL CODE
SPECIFIC PLAN AREA NO. 11 - UPPER PIER AVENUE
1. Sections 17.38.510 though 17.38.560 shall be added to the Hermosa Beach Municipal Code to read as
follows:
17.38.510 Plan Area No. 11 – Authority.
This specific plan area is an instrument for implementing the general plan pursuant to Article 8, Chapter 3,
of the state Planning and Zoning Law.
17.38.520 Plan Area No. 11 – Location and description.
The subject area, known as 'Upper Pier Avenue', is located on the north and south sides of Pier Avenue
between Valley Drive and Palm Drive, within the downtown district. The area is designated as 'general
commercial 'on the official general plan map.
17.38.530 Plan Area No. 11 – Purpose.
The purpose of this specific plan area is to set forth the development requirements, standards and uses for
the subject area for the following purposes:
A. Create a pedestrian-oriented seaside village center of small-scale commercial establishments that attract
and serve local residents, in addition to visitors.
B. Protect the history and character of upper Pier Avenue and the city of Hermosa Beach.
C. Retain a 'sense of place' with buildings of diverse character that have been constructed over time,
reflecting use of local materials and changes in architecture and culture.
The SPA-11 zone is also intended to:
A. Strengthen the city's economic base, and protect small businesses that serve city residents.
B. Create a suitable environment for commercial uses and protect the available commercial land
resources from change to noncommercial land uses and from the adverse effects of inharmonious uses.
C. Minimize the impact of commercial development on adjacent residential districts.
D. Ensure that the appearance and effects of commercial building and uses are harmonious with the
character of a pedestrian-oriented seaside village.
E. Ensure the provision of adequate off-street parking, loading and pedestrian amenities.
F. Protect the environment, particularly air and ocean water quality, though green building, reduced
greenhouse gas emissions, energy, materials and water conservation, water quality protection, and other
sustainable measures.
17.38.540 Plan Area No. 11 – Uses.
A. General. The following permitted and conditional uses are intended to be consistent with the purposes
of this zone. Uses that support pedestrian activity should be prominent, including day time uses that serve
the local residents and community.
For definition of the listed uses see Section 17.04.060. “Pedestrian-oriented” means uses and activities
that attract, accommodate and are highly visible to people who are walking. Most prominent on the ground
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floor are retail uses, restaurants or snack bars, and places for people to congregate, with offices, services
and business services on second stories."
B. Permitted and Conditional Uses. The following use classifications are allowed subject to the
requirements of this section and zone. In the following matrix, the letter "P" designates permitted use
classifications. 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 this code, and others may apply.
In addition to the requirements in Chapter 17.44 of this Code, no conditional use shall be approved unless the
planning commission finds the use, and its location and design, are consistent with the purposes of this zone.
P = Permitted
U = Conditional Use Permit (CUP) required (See Chapter 17.40)
USE P or U See Section
Alcohol beverage establishments, on-sale U 17.40.080
Alcohol beverage establishment, off-sale -- (closing at 11:00 p.m. or earlier) P
Alcohol beverage establishment, off-sale -- (open between 11:01 p.m. and 2:00 a.m.) U 17.40.090
Aquariums, sales and supplies of marine life P
Art/antiques/curios gallery or shop P
Audio/video equipment and supplies, sales and repair P
Bakery P
Banks and financial institutions P
Barber/beauty shop P
Books/news/magazines, sales P
Billiard or pool halls U
Clinic, dental and/or medical P
Clothing and wearing apparel sales and service P
Copying and printing services and supplies P
Clubs, private U
Convention/meeting hall U 17.40.020
Day nursery, preschool U 17.40.110
Dancing, customer P
Department stores (maximum 4,000 square feet of floor area on ground floor) P
Department stores (more than 4,000 square feet of floor area on ground floor) U
Drugstore P
Entertainment, live U 17.40.020
Florist or plant shop P
Food and beverage market (maximum 4,000 square feet of floor area on ground floor) P
Furniture/furnishings, sales and display P
Garden equipment, small, hand-operated, sales and rentals P
Gymnasium/health and fitness center P
Hardware/home improvement store P
Hobby and craft supplies and service P
Household appliances/office equipment, sales and repair P
Interior decorating studio, store or shop P
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USE P or U See Section
Florist or plant shop P
Large day spa U 17.04.050
Laundry business and dry-cleaning (including self-service) P
Locksmith business P
Massage therapy business U 17.40.160
Messenger service P
Massage therapy business U 17.40.160
Movie theaters U 17.40.020
Museums P
Music academy U 17.40.020
Musical instruments, retail and repair P
Offices, general P
Parking lots and /or structures U
Pet grooming, no overnight kennels P
Photography (equipment sales and service, film processing, studio) P
Printing and or publishing business, commercial P
Restaurant (drive-in, drive-thru window, outdoor dining on public right-of-way or outdoor walk-
up window on public right-of-way is not allowed) P
Restaurant with on-sale beer and wine closing not later than 10:00 p.m.1 P1 17.42.120
Restaurant with on-sale beer and wine closing later than 10:00 p.m.1 U1 17.40.080
17.42.120
Restaurant with on-sale beer and wine 2 U2 17.40.080
Reverse vending machine(s) U 17.40.120
Secondhand merchandise, retail sales (pawn shops are prohibited) P
Snack bar/snack shop P
Sporting/recreational equipment sales, service, and rental P
Supermarkets (more than 4,000 square feet of floor area on ground floor) U
Ticket broker/sales P
Tobacco store P
Toy store P
Wireless communication facility U 17.40.170
Youth Hostel U 17.40.150
Outdoor uses on private property: dining, merchandise displays, entertainment, or special
performances U
Temporary outdoor uses in conjunction with special event: merchandise displays, dining,
entertainment, special performances, parades
** 17.26.050(D)
*Allowed by special permit approved by city council on public street/right-of-way pursuant to Section 12.12.070 and
allowed on private property in conjunction with such special permit.
1 These uses are only effective pending City Council adoption of TEXT 07-3 distinguishing between restaurants with
on-sale alcoholic beverages that close by 10:00 p.m. and those that do not close by 10:00 p.m.
2 This use will be effective if the City Council does not adopt of TEXT 07-3 distinguishing between restaurants with
on-sale alcoholic beverages that close by 10:00 p.m. and those that do not close by 10:00 p.m.
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C. Similar Uses Permitted. Use classifications not listed as permitted or conditional uses shall be
prohibited unless the community development director finds the use consistent with the purposes of the
zone, and similar to and not more objectionable than other uses listed, as provided in Section 17.26.040.
D. Nonconforming Uses and Structures. Nonconforming uses and structures shall be subject to the
provisions of Chapter 17.52, except as follows:
1. Residential uses. Residential uses in existence on the effective date of this section codified in this
chapter may continue, be remodeled or altered, provided that:
a. The number of dwelling units shall not be increased.
b. The continuation or alteration of residential uses located on the second story shall remain
limited to the second story, and no new residential uses shall be located on the ground floor.
c. Alteration or expansion of buildings or portions of buildings used for residential uses shall
conform to the standards of this zone, excluding Sections 17.38.550(G) and (H).
2. Nonconforming buildings (excluding residential uses).
a. Structural removal. Although not required, removal and replacement of building facades
should conform to 17.38.550(G) and (H) to the extent feasible. Modification or alteration of portions
of a structure nonconforming to front yard requirements if completely removed shall comply with
the requirement to place buildings close to the frontage line unless the community development or
planning commission when a precise development plan is required determines this requirement to
be infeasible.
b. Expansion shall conform to the requirements of this zone, including requirements to place
buildings close to the frontage line.
c. Determination of compliance with this section shall be made by the community development
director.
3. Nonconforming use limits other uses. Conforming uses may be established on lots or in
buildings with nonconforming uses, unless the community development director or planning
commission determines that said uses are incompatible.
17.38.550 Plan Area No. 11 – Development standards.
A. Purpose. Development shall be sited, designed, operated and maintained in a manner that achieves
and is consistent with the development standards and purposes of this zone. Provisions that are
encouraged but not required are indicated with words such as should, encouraged, although not required,
and if feasible.
B. Uses Conducted within Buildings or Enclosures. All uses shall be conducted wholly within a
building enclosed on all sides, except for the following:
1. Outdoor uses may be permitted by Conditional Use Permit as stated in Section 17.38.530.B.
2. Uses incidental to a use conducted primarily within a building located on the premises, as
determined by the community development director, provided that such incidental uses are not
conducted in whole or in part on sidewalks, public ways or within any required yard; and that such
incidental uses are of a type which cannot be economically or practically conducted within buildings.
Where incidental uses are not conducted within a building, no part of the area devoted to the incidental
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uses shall be considered as part of the required parking facilities. All uses shall be substantially
screened from public visibility, public streets, parks or other public places, and public properties. Uses
within the meaning of this section include but are not limited to parking stalls, parking attendant booths,
solid waste and other enclosures.
3. Commercial parking lot.
4. Temporary outdoor merchandise display or outside dining in conjunction with a temporary outdoor
event such as a sidewalk sale authorized by the City Council by special permit as set forth in Section
12.12.070.
C. Location of Uses in Buildings - Incentives. Pedestrian-oriented uses are strongly encouraged to
locate on the ground floor, fronting Pier Avenue. Service, office and other non-pedestrian oriented uses are
encouraged to locate on the second story. When there is a mix of uses on the ground floor, the pedestrian-
oriented uses should be located so that the building façade, window displays and interior are highly visible to
pedestrians on the public sidewalk. The planning commission may grant incentives to facilitate this pattern
of uses pursuant to the procedures in this subsection.
1. Incentives. Deviation from one or more zoning standards that inhibit construction, alteration or
expansion of a second story for non-pedestrian oriented uses, or inhibit location of pedestrian-
oriented uses on the ground floor may be granted. Deviation from parking requirements shall not be
granted as an incentive.
2. Procedures.
a. Applications for incentives filed with the community development department shall include a
statement of incentives requested, statement of the specific relief that the incentive will provide, and
fee adopted by the city.
b. Procedures for the conduct of hearings, report of decision and findings, appeals, reapplication
upon denial, and revocation shall be in accordance with Section 17.38.560(B).
3. Findings. In granting incentives, the planning commission shall make all of the following findings:
a. The incentives will facilitate the ability to locate pedestrian-oriented uses on the ground floor
and/or offices or other non-pedestrian-oriented uses on the second story.
b. Any deviation from zoning standards is to the minimum extent necessary.
c. The incentives are consistent with the purposes of this zone.
d. The project will not involve demolition or significant alteration of a building that significantly
contributes to the character of Upper Pier Avenue as determined by the commission.
e. The incentives will not conflict with the provisions of, or be detrimental to, the general plan.
f. The incentives will not be materially detrimental to the public welfare or injurious to the property
or improvements in the vicinity and this zone.
The commission may place conditions on the granting of incentives to ensure that incentives
granted will be implemented consistent with the findings of approval and do not otherwise
constitute a grant of special privilege.
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D. Conservation of Existing Buildings - Incentives. The conservation and continued use and reuse of
existing buildings that are iconic of and contribute to the character of upper Pier Avenue as a small-
scale, pedestrian-oriented village with diverse architectural character is encouraged through the
granting of incentives by the planning commission.
Buildings need not be designated as historic landmarks pursuant to Chapter 17.53 in order to be
eligible for the granting of incentives.
1. Incentives. Deviation may be granted from zoning standards, including parking requirements and in-
lieu fees, that inhibit ability to retain, restore or reuse an existing building determined by the planning
commission to be worthy of retention. Deviation from parking requirements may include:
a. A parking credit for the existing or prior use may be granted when a non-restaurant use less
than five thousand (5,000) square feet of gross floor area is changed to a restaurant use.
b. Parking spaces for office uses located on a second story may be located not more than one-
quarter (1/4) mile walking distance from the site, and/or on property not under the same ownership
as such office use. Where the parking is located off-site, the owners shall file with the community
development department a covenant approved by the city and recorded by the office of the Los
Angeles County Recorder for the improvement and maintenance of the required parking facilities
for the use specified.
c. Building sites where buildings will exceed gross floor area to building site area ratio of one to
one (1:1) may pay an in-lieu fee for all the required on-site parking spaces.
d. Other parking modifications or reduction of in-lieu parking fees.
2. Procedures.
a. Applications for incentives filed with the community development department shall include a
statement of incentives requested, statement of the specific relief that the incentive will provide,
evidence that the building is worthy of retention, and fee adopted by the city.
b. Procedures for the conduct of hearings, report of decision and findings, appeals, reapplication
upon denial, and revocation shall be in accordance with Section 17.38.560(B).
3. Findings. In granting incentives the planning commission shall make all of the following findings:
a. The conservation of the existing building will contribute to the character of upper Pier Avenue
and advance the purposes of this zone set forth in Section 17.38.530, or the building has been
designated by a state or federal agency or the city council as a landmark pursuant to Chapter
17.53.
b. The project will not result in significant alteration of the building. "Significant alteration" means
changes or modifications that adversely alter, affect or destroy exterior architectural features or the
essential elements that make the building worthy of protection.
c. Any deviation from zoning standards is to the minimum extent necessary.
d. The incentives are consistent with the purposes of this zone.
e. The incentives will not conflict with the provisions of, or be detrimental to, the general plan.
f. The incentives will not be materially detrimental to the public welfare or injurious to the property
or improvements in the vicinity and this zone.
The commission may place conditions on the granting of incentives to ensure that the project and
incentives granted will be implemented consistent with the findings of approval. The granting of
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parking incentives may be accompanied by reasonable requirements to provide additional pedestrian
or other transportation amenities. The future significant alteration of the building shall not be approved
by the city unless and until any fees waived or reduced by the city pursuant to this section have been
paid. Parking incentives granted shall not be credited toward any future use of the property. An
affidavit evidencing such conditions approved by the city and recorded by the office of the Los Angeles
County Recorder shall be filed with the community development department.
4. Any waiver or reduction of in-lieu parking or other fees shall be in the form of a recommendation to
the city council, which shall make the final determination pursuant to Section 17.38.560(B).
E. Height and Number of Stories. Buildings shall be oriented and designed so as to improve the
pedestrian environment and not overwhelm the sidewalk.
1. No building shall exceed a maximum height of thirty (30) feet. No building shall exceed two (2)
stories.
2. The ground floor of a two story building, or any one story building, shall not exceed sixteen (16)
feet in height, provided that parapets and other screens to conceal rooftop apparatus and roof deck railings
may exceed this limit to the minimum extent necessary as determined by the community development director.
3. The second story of buildings on the Pier Avenue frontage shall be set back a minimum of:
a. Five (5) feet from the face of the ground floor façade along at least fifty (50) percent of the
facade length, provided building height does not exceed twenty-five (25) feet; or
b. Ten (10) feet from the face of the ground floor façade along at least fifty (50) percent of the
facade length if building height exceeds twenty-five (25) feet.
4. The following shall not be counted as a story:
a. Mezzanines that cover less than one-third of the floor area of the story immediately below it.
b. Semi-subterranean floors not exceeding three (3) feet above the adjacent Pier Avenue
sidewalk grade at any point within twenty (20) feet of the lot frontage line.. This provision is
intended to provide flexibility in design to accommodate to changes in slope and shall not
supersede the requirements in Subsections 17.38.550(G)(2) and 17.38.550(G)(3) enabling
storefront visibility to the pedestrian.
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20' 3'
semi-subterranean floor not a story if
max. 3' above adjacent sidewalk grade
within 20 ' of lot frontage line
(portions >20' from frontage line may
exceed 3' above sidewalk grade)
sidewalk
30' max. ht: 10' setback*
25' max. ht: 5' setback*
(*set back from
ground floor
façade
16' max. height: ground floor
(12' min. within 3' of sidewalk)
3' max. projection, 8' min. clearance over sidewalk
(parapet 30' max. height, individual
screens may exceed height)
Illustration of Height and Stories
This graphic is intended to illustrate standards and
is not a substitute for the written text.
F. Building Location and Setback Requirements.
1. Front Yard: Buildings shall be located close to the front lot line along Pier Avenue as follows.
Building facades shall be oriented approximately parallel to the Pier Avenue frontage so that the building
façade, window displays and interior are highly visible to pedestrians on the public sidewalk as provided
in this subsection. Buildings shall not be located more than six (6) feet distant from the Pier Avenue lot
frontage along fifty (50) percent of the length of the frontage. The distance from the frontage line may
be increased up to twelve (12) feet for elements oriented to the pedestrian, such as prominent entryways,
awning and gallery frontages, patios, benches, or planters with approved landscape to shade benches or
the sidewalk.
2. Alley Setback. Setbacks shall conform to Section 17.44.130.
3. Rear and Side Yard Setback Adjacent to Residential Zones.
a. A minimum rear and/or side yard setback of five (5) feet shall be provided, except where public
rights-of-way twenty (20) feet or greater in width separate the site from the residential zone.
b. Existing commercial buildings that do not comply with residential setback requirements shall
not be considered nonconforming, and may be remodeled or expanded as long as new
construction conforms to the requirements of this zone.
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minimize
driveway width
screen trash
from street/
dwellings
parking
driveway: 30' min.
from Pier Ave.
alley or
secondary st
10'
min. 30" high
streetscreen
min. 5' wide walkways
(may be reduced if infeasible)
existing parking
0' side/rear setback 5' min.
commercial zone residential zone
3'- 8' vision clearance
above curb grade lot frontage
sidewalk
Pier Avenue
6' max. setback,
12' max. patios/entrances, etc.
(along 50% of frontage)
Illustration of Setbacks and Site Layout
This graphic is intended to illustrate standards and
is not a substitute for the written text.
G. Storefront Frontages. Building facades fronting Pier Avenue shall be designed as storefronts to
facilitate pedestrian activity.
1. Facades shall have a prominent entryway easily accessible from the sidewalk and compliant with
the Americans With Disabilities Act of 1990, as amended.
Although not required, primary entrances are encouraged be situated at the corner of buildings located
at street intersections.
The first story of buildings located within three (3) feet of the sidewalk shall be a minimum height of
twelve (12) feet above sidewalk grade to accommodate awning or gallery frontage types.
Awning Gallery
Projections over the sidewalk shall provide a minimum of eight (8) feet of vertical clearance from the
sidewalk, and not extend closer than two (2) feet to the curb, subject to approval of an encroachment
permit as set forth in Chapter 12.16.
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Although not required, awning or gallery frontage types are encouraged along Pier Avenue to provide
shade and building articulation. The planning commission may require awning frontage types in
conjunction with a precise development plan.
2. Doors fronting Pier Avenue shall be at sidewalk grade or at finished grade of the adjacent access
way, spaced on average no farther than thirty (30) feet apart, and operable. Openings between
buildings with publicly accessible walkways leading to courtyards, businesses or alleys may be counted
as doorways when calculating this spacing. Out-swinging doors or windows encroaching on the
sidewalk require approval of an encroachment permit as set forth in Chapter 12.16
Door walls and features that open to the sidewalk creating accessibility and visibility to the pedestrian
are encouraged but not required.
3. On the ground floor façade fronting Pier Avenue, glazing shall cover at least seventy (70) percent
of that area of the facade located between three (3) feet and eight (8) feet in height. "Glazing" means a
transparent part of a wall, typically made of glass or plastic. Minor modifications to the location of
glazing on the façade may be approved by the community development director to maximize visibility
for the pedestrian on the sidewalk. Glazing shall be substantially transparent (e.g., 90% light
transmission). Specialty windows may use stained or opaque glass.
Buildings located at street corners are encouraged but not required to continue the glazed area on the
elevation facing the secondary frontage.
Illustration of Storefront Frontages
sidewalk
screen rooftop elements
16' max.:
ground floor
30' max.
door at corner/
continue glazing
around corner
operable doors spaced 30' on average
O' setback preferred/ zero-step entrance
This graphic is intended to illustrate standards and
is not a substitute for the written text.
glazed area: 70%
of façade, 3'– 8'
first & second story
canopies, windows,
patios provide interest
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H. Other Architectural Standards. The architectural character of Pier Avenue reflects Hermosa Beach's locale
and historic development patterns. Consistent with Hermosa Beach's eclectic architecture, compatibility and variety,
among styles and elements, rather than uniformity, is desirable along Pier Avenue.
1. Building mass, facades and roof lines shall be varied and articulated to reduce the appearance of
bulk and mass, and maintain pedestrian scale and visual interest from the public sidewalk. Long,
straight facades and blank elevations visible from Pier Avenue are not allowed. Facades and
elevations shall be designed with openings and elements that provide relief or articulation,
incorporating one or more of the following: cornices, parapets, eaves, awnings or canopies, balconies,
entry or patio insets, or similar features. Second stories shall incorporate windows and one or more
architectural elements (e.g., balconies, planter boxes, awnings). All exposed elevations, including rear
and side elevations, shall be designed for compatibility..
2. Franchise architecture conflicts with local character and is not allowed. "Franchise architecture"
means building design that is trademarked, branded or identified with a particular chain, corporation or
business. Franchise architecture can be avoided by altering scale, proportion, branded element
locations, colors, or incorporating locally recognizable elements. In addition, franchise signage shall
not overwhelm the building or site. This provision does not prohibit chain, franchise or formula
businesses within the specific plan area.
Surfaces shall be painted, treated or otherwise exhibit a finished look. Multiple storefronts with a common
facade or appearance shall be coordinated, but should not be identical. Synthetic material, such as
hardboard siding, shall very closely simulate the natural material and have equal or better weathering
characteristics. Exposed concrete block, corrugated metal, chain link fencing, and similar materials that
present an unfinished or industrial look shall not be used on any building or wall visible from a public
street or alley, except as accents.
Although not required, exterior colors should be characteristic of natural building materials and
compatible with the surroundings, without being identical. Vandalism resistant finishes are preferred.
3. Elements of poor visual quality (e.g., rooftop mechanical devices, loading, service areas, utilities)
shall be sited, designed and screened compatible with site elements to minimize visibility from Pier
Avenue. Siting, design and screening shall also minimize visual, noise and air quality effects on nearby
residential uses. Flat roofs shall be enclosed by parapets a minimum of forty-two (42) inches high to
conceal rooftop apparatus; screening around individual rooftop elements may exceed the height limit
consistent with Section 17.46.010 to the extent necessary to conceal rooftop apparatus, to the
satisfaction of the community development director.
4. Solar orientation. Projects that require a precise development plan shall incorporate the following
elements to facilitate passive and active solar energy use unless found by the planning commission to
be infeasible or inapplicable due to site conditions:
a. Design and orientation to accommodate solar collection systems.
b. Install cool roofs.
c. Install deciduous vegetation, overhangs, awnings or other features to protect south/west faces
and/or improvements to moderate interior temperatures.
Although not required, smaller projects should be designed to maximize opportunities for passive and
active solar energy use.
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5. Accessibility and visitability.
a. Design and operation of development shall comply with the Americans With Disabilities Act of
1990. and to the extent practical other requirements that facilitate physical accessibility for all
persons such as universal design principles.
b. Projects that require a precise development plan shall incorporate the following elements to maximize
accessibility to all persons unless found by the planning commission to be infeasible due to site
conditons. A minimum of one (1) zero-step entrance to each building from an accessible path from
the sidewalk and handicap parking space to the front, side or rear of each building shall be
provided. All ground floor interior doors (including bathrooms) shall provide at least thirty-two (32)
inches of clear passage. One (1) half-bath (toilet and sink) shall be provided on the ground floor of
each building.
Although not required, smaller projects including second story businesses and facilities, should
maximize accessibility by incorporating the elements above.
I. Circulation and Parking. Development shall be designed to maximize pedestrian circulation among
buildings, lots, and the street, coordinated with vehicular circulation.
1. Accessible sidewalks and pedestrian ways a minimum of four (4) feet wide shall be provided
connecting buildings with the street, parking and other buildings. Pedestrian ways not illuminated by
street lighting fixtures shall be provided with security lighting.
Pedestrian ways for projects that require a precise development plan shall be increased to five (5) feet
in width unless the planning commission determines the requirement to be infeasible.
2. Parking location. Parking lots and parking structures shall be screened from visibility from Pier
Avenue by buildings, and be accessed from alleys or secondary streets where available. Driveway and
garage encroachments on alley or secondary street frontages shall be located at least thirty (30) feet
from the Pier Avenue lot frontage line. Encroachments shall not exceed the required minimum width of
nine (9) feet per lane. Directional signage to parking not readily visible from Pier Avenue shall be
provided not to exceed a total area of four square feet per face and ten feet from grade to the highest
portion of the sign body.
3. Surface parking lots. Surface parking visible from Pier Avenue shall be screened by buildings or by
streetscreens (landscape that provides screening, fences or walls, or combination thereof) in
compliance with the following requirements.
a. Streetscreens shall be a minimum height of three (3) feet compatible with building or site
elements. Streetscreens exceeding three (3) feet, but not more than four (4) feet in height, may be
allowed at the discretion of the community development director or planning commission if at least
thirty (30) percent permeable (e.g., openings encompassing 30% of the face) and well articulated
to avoid a walled effect, and provided vision clearances set forth in Section 17.46.060 are
maintained.
b. Streetscreens incorporating planters shall comply with Subsection 17.38.550(L).
c. Streetscreens shall have openings no wider than necessary to accommodate required
driveways and pedestrian access ways.
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d. Streetscreens shall be installed in conjunction with development or redevelopment exceeding
five hundred (500) square feet of floor area or lot area.
4. Parking structures. Parking structures shall be located to the rear of buildings fronting Pier
Avenue. Monotonous, blank or unarticulated elevations, or levels with exposed parking shall not be
visible from Pier Avenue, and visual effects to adjacent residential use shall be minimized. Mass,
elevations and parked cars may be visually masked through design, stair towers, canopies and other
screening techniques. Signs or other warning devices shall be installed at semi-subterranean garage
entrances/exits to protect pedestrians. Ventilating systems shall be located and insulated to minimize
noise and air quality impacts to surrounding uses, particular residential uses, to the satisfaction of the
community development director.
6. Secure bicycle parking facilities shall be supplied at the rate of one (1) space per seven (7)
employees or three thousand (3,000) square feet of floor area. Bicycle facilities installed onsite shall
not be placed within required pedestrian ways. Where facilities cannot be accommodated onsite as
determined by the community development director or planning commission, the developer shall pay a
commensurate fee adopted by the city for the provision and installation of bicycle parking facilities
along Pier Avenue in a manner determined by the public works director. ‘Secure’ facilities means firmly
attached devices in well-lit locations, protected from rain if feasible.
7. Off-street parking requirements shall otherwise conform to Chapter 17.44, including those applicable
to the downtown district, except as modified by the granting of incentives as set forth in Section
17.38.550(D).
J. Pedestrian Amenities. Pedestrian amenities are desirable for the comfort and security of pedestrians.
“Pedestrian amenities” mean any facility or feature that facilitates or increases the desirability of
walking, such as sidewalks and pedestrian ways, canopies or shade trees, outdoor places for
pedestrians to congregate, seating, and security lighting and signage designed at the human scale and
oriented to people walking.
1. Pedestrian amenities shall be provided in conjunction with the development or redevelopment
exceeding five hundred (500) square feet of floor area or lot area. The planning commission may
require additional pedestrian amenities related to the type or intensity of use in conjunction with a
precise development plan, conditional use permit or parking plan.
2. One (1) bench visible from and accessible to the sidewalk and one (1) tree with irrigation to shade
the sidewalk for each fifty (50) feet of lot frontage on Pier Avenue shall be supplied. Where frontage is
less than fifty (50) feet, these amenities are not required. Where the amenities cannot be
accommodated onsite as determined by the community development director or planning commission,
the developer shall pay a commensurate fee adopted by the city for provision and installation of such
amenities along Pier Avenue as determined by the public works director.
K. Signs. Signs shall conform to Chapter 17.50, including standards for commercial zones, and
specifically the C-2 zone. The following signs are additionally allowed:
1. Wall signs. One (1) wall sign per building may be located on a secondary frontage when there is no
entrance/exit open to the public, not to exceed six (6) square feet in area.
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2. Projecting signs. One (1) additional nonilluminated projecting, arcade or hanging business
identification sign for each business visible to pedestrians is permitted to be hung over or near an
entryway. The sign shall not exceed six (6) square feet per face. Signs projecting over the public
sidewalk shall be located at least eight (8) feet in height above the sidewalk and not project outward
more than three (3) feet, subject to approval of an encroachment permit as set forth in Chapter 12.16.
L. Landscaping. Landscaping shall be designed and employed on the site to shade pedestrian ways,
conserve energy and reduce urban heat absorption, retain onsite and filter rain water, and enhance the
overall project including building design and the streetscape.
1. Existing trees and plants shall be protected, unless determined by the community development
director or planning commission to be infeasible.
2. All lot areas not encumbered by buildings, required parking, and amenities required by this zone
shall be landscaped and permanently maintained in an attractive manner. Projects for which a precise
development plan is required shall provide a minimum of two (2) percent of the lot area in landscape
unless a reduced percentage is authorized by the planning commission.
In addition, new development and redevelopment of at least five hundred (500) square feet of the
surface area of the lot shall in the development area provide landscape, or increase conformance of
existing landscape on the lot with this subsection, unless the community development director
determines it to be infeasible.
3. Landscape may consist of lot perimeter, streetscreen, parking lot median, and other planters a
minimum of four (4) feet wide, installed with live plants, compliant with the requirements of this section.
One (1) five-gallon shrub shall be provided for each twenty (20) square feet of landscaped area.
Adjacent to residential zones, the required rear and/or side yard area shall be provided with a minimum
five (5) foot wide planter strip landscaped with a minimum of one twenty-four (24) inch or fifteen (15)
gallon size specimen tree for every ten (10) feet of length, unless an alternative consistent with the
provisions of this subsection (L) is approved by the community development director or planning
commission.
4. Landscape areas shall consist of at least seventy-five (75) percent pervious materials. Planting
beds shall be mulched to a depth of two (2) inches or greater, and installed with live plants.
Landscaping shall be perpetually maintained, trimmed and void of weeds. Landscape shall not impair
vehicular sight distance or encroach on the public right-of-way or pedestrian ways.
5. Landscape shall consist primarily of species tolerant of drought and urban site conditions (e.g.,
constrained root area, compacted soil, reflected heat, urban runoff) and other localized site elements.
No species listed by the Invasive Plant Inventory of the California Invasive Plant Council or equivalent
authority accepted by community development director shall be planted.
Trees species installed in planters adjacent to the public sidewalk shall be subject to the approval of
the public works director.
Although not required, native species should be used, deciduous trees should be used to shade
southern and western exposures unless equivalent energy conservation features are employed, and
species selected should not exceed thirty (30) feet in height at maturity under local site conditions.
6. All landscaped areas shall include an automatic water-conserving irrigation system that adjusts for
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hydrozones and seasons. Reclaimed water shall be used when available. Plans shall demonstrate a
water budget that conforms to the California Department of Water Resources’ ‘Model Water Efficient
Landscape Ordinance’ or a local ordinance, whichever is stricter.
7. Six (6) inch high raised curbs shall be provided along the perimeter of all landscaped areas except
on the side abutting building walls or fences. Modifications for stormwater and urban runoff
management (e.g., curb inlets, at-grade planters) may be allowed to specifications approved by the
building official or city engineer as applicable.
8. Landscape plans and irrigation systems shall be reviewed and approved by the community
development director.
9. The planning commission may require additional or alternative measures in conjunction with a
precise development plan or conditional use permit to further the purposes of this section and ensure
that landscaping is compatible with the scale and design of the streetscape and site elements.
M. Lighting. Lighting standards are intended to promote energy conservation and reduce the adverse
effects of lighting on health and safety, neighboring uses, nocturnal environments and enjoyment of the
nighttime sky, while providing appropriate light for safety and security.
1. Walkways, entrances, pedestrian spaces and parking facilities shall be adequately lit for safety and
security. All lighting installations shall be designed and installed to be high-efficiency, fully shielded (full
cutoff) and down cast (emitting no light above the horizontal plane of the fixture), and shall have a
maximum lamp wattage of two hundred fifty (250) watts incandescent for commercial lighting, and one
hundred (100) watts incandescent or twenty-six (26) watts compact fluorescent for residential lighting.
Light fixtures shall not create glare, spill beyond the property lines or shine toward the night sky. Yellow
spectrum lamps such as sodium lamps are prohibited on private property. Exceptions are allowed to
comply with building, fire and city codes, and for signs, shielded landscape lighting not more than three
(3) feet above grade, and temporary holiday or similar lighting.
2. Exterior lighting, excluding security lighting not more than three (3) feet above grade, shall be
extinguished within one hour after close of business. Automated external lighting controls shall be
used to extinguish lights prior to dawn.
3. Light fixtures shall be designed and installed so the light is reflected away from any dwelling unit and
the lamp bulb is not directly visible from within any residential unit.
4. Lighting fixtures shall be designed and installed so that lamp bulbs are not directly visible to and do
not shine into the eyes of pedestrians on sidewalks or pedestrian areas.
4. The planning commission may require more restrictive measures in conjunction with a precise
development plan or conditional use permit to further the purposes of this section and ensure that
lighting is appropriate to its purpose, and compatible with the scale and design of the streetscape and
site elements.
N. Stormwater and Urban Runoff Pollution Control. In addition to the stormwater and urban runoff
pollution control regulations in Chapter 8.44, development and redevelopment creating or adding at
least five hundred (500) square feet of impervious surfaces shall submit and implement a stormwater
management plan of best management, good housekeeping, structural and treatment practices that
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are practical and feasible as determined by the public works director or building official as applicable,
considering:
1. Use of pervious surfaces and/or reduction of hardscape (e.g., patios, parking stalls, landscape).
2. Onsite stormwater infiltration (e.g., drains to pervious surfaces, rain barrels, curb inlets to below or
at-grade planters, drainage basins, filters).
3. Other measures set forth in Sections 8.4.060 through 8.4.095.
O. Applicability of other standards. All other development standards shall be governed by the city
zoning ordinance. When uncertainly over applicability of requirements exists, standards applicable to
commercial development, and more specifically the C-2 zone, shall apply; provided that the regulations in
Chapter 17.26 do not apply unless specifically referenced within the regulations for this zone.
P. Green Building Standards. Although the following standards are not required, applicants are
encouraged to incorporate other green site and building elements into development projects, to minimize the
impact of development and building on the environment, its occupants and the community, such as:
1. Incorporate water quality and stormwater control measures such as those in Chapter 8.44
(Stormwater and Urban Runoff Pollution Control Regulations). .
2. Reduce energy use and exceed the minimum energy standards of the California Energy Standards
(Title 24, Part 6, California Code of Regulations) by at least fifteen (15) percent.
3. Reduce water use and exceed the minimum potable water standards in the California Plumbing
Code by at least fifteen (15) percent.
4. Utilize recycled materials and exceed the demolition/construction recycling requirements by at least
fifteen (15) percent.
5. Install solar collection and/or solar hot water heating systems.
6. Utilize measures for healthy interior environments (e.g., low volatile organic compound finishes,
flooring, cabinetry.)
7. Install grey water recycling systems and/or use of available reclaimed water.
8. Compliance with GreenPoint Rated Checklist (Build-It Green), Leadership in Energy and
Environmental Design (LEED), International Code Council (ICC 700) Green Building Standards, or
comparable green rating system measures as determined by the community development director, as
applicable or adapted to commercial development.
Projects for which a Leadership in Energy and Environmental Design (LEED) 'Certified' standard, or other
equivalent as determined by the community development director, is demonstrated shall be eligible for
priority permit processing, promotion on the City's green building website, use of City-approved green
building logo as part of allowed construction signage and in its promotional materials, and other green
building incentives which may be adopted by the City and made applicable to this zone.
17.38.560 Plan Area No. 11 – Procedures.
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A. Procedures Generally. Procedures for conditional use permits, variances, precise development
plans, zone changes, amendments, parking plans, signs, development agreements, determination of
legality of nonconforming residential buildings, and other entitlements under this title shall apply, except as
specified within the regulations for this zone.
B. Request for Incentives. Applications requesting incentives provided for in Sections 17.38.550(C) and
17.38.550(D) shall additionally conform to the following procedures:
1. Public comments or hearing. The applicant shall provide notice a minimum of ten (10) days before
a hearing on an application for request for incentives. The method of notice will be established by
resolution of the city council. The date of the hearing shall be set by the community development
department. The date must be a minimum of ten (10) days and a maximum of forty (40) days from the
date the application is accepted as complete.
2. Report of decision and findings--Disposition of report. The planning commission shall issue the
report of decision and findings for requests for incentives. The written report shall be issued within forty
(40) days of the conclusion of the hearing on the request for incentives application. The report shall
include a decision granting, denying or granting with conditions the request for incentives, the required
findings, and an indication that the planning commission's decision shall become final if not appealed
within fifteen (15) days of the issuance of the report of decision and findings. A copy of the report of
decision and findings shall be sent to the name and address shown on the application. Reports shall be
numbered consecutively in the order of filing, and kept as a permanent record.
Notwithstanding, the commission's decision on any request for a reduction in or waiver of in-lieu
parking fees or other fees required by the city shall be in the form of a resolution of recommendation to
the city council. The council shall conduct a duly noticed public hearing a maximum of forty (40) days
following receipt of the resolution from the planning commission, public notice of which shall be given at
least ten calendar days prior to said hearing in accordance with requirements established by resolution
of the council. The council's decision shall be final and conclusive. A copy of the report of decision and
findings shall be sent to the name and address shown on the application.
3. Appeals--Filing, fees procedure. Appeals of the Planning Commission decision shall be in writing,
including the specific areas of disagreement with the planning commission's decision. Fees for appeals
will be established by resolution of the city council. Appeals shall be filed with the city clerk's office in
writing within fifteen (15) days of the planning commission's issuance of a report of decision and
findings. When an appeal is filed, the planning commission shall transmit the record of the case to the
city council. The city council shall conduct a public hearing in accordance with Chapter 17.68 (applying
the procedures applicable to variances). Such hearing shall be held within forty (40) days of the
council's receipt of the written appeal. The city council shall announce its findings within sixty (60) days
of the hearing, unless good cause is found for an extension. The council may incorporate by reference
the findings of the planning commission. The council's action shall be final. Within thirty (30) days of its
final decision, the city clerk shall mail notice to the applicant and appellant. A copy of this notice shall
be included in the planning commission's permanent files.
4. Reapplication upon denial. After the denial of a request for incentives has become final, no further
application for the same request for incentives shall be filed for the same property for the ensuing six
(6) months, unless the project has been redesigned so as to eliminate the planning commission's or
city council's previous objections to the project. Said redesign will require a new application process.
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5. Revocation—Causes—Hearing. Any incentives granted may be revoked by the planning
commission for any of the following causes:
a. That any term or condition has not been complied with.
b. That the property for which the incentives have been granted is used or maintained in violation
of any statute, law, regulation or condition of approval.
c. That the project or use for which the incentive was granted has not been exercised for at least
twelve (12) consecutive months, or has ceased to exist, or has been abandoned.
d. That the project for which the incentives were granted has been so exercised as to be
detrimental to the public health or safety or so as to constitute a nuisance. A hearing to show cause
why the incentives should not be revoked shall be held by the approving body prior to the
revocation of any incentives granted.
2. Section 17.06.010 of the Hermosa Beach Municipal Code shall be amended by amending the introductory
paragraph and adding Specific Plan Areas to the list of zones as follows:
17.06. 010 Names of zones.
In order to classify, regulate, restrict and segregate the uses of land and buildings, to regulate and restrict
the height and bulk of buildings and to regulate the area of yards and other open spaces about buildings
and to regulate the destiny of population, sixteen (16) fifteen (15) classes of zones are by this ordinance
established to be known as follows:
SPA Specific Plan Areas
3. Section 17.44.120 of the Hermosa Beach Municipal Code shall be amended to read as follows:
17.44.120 Driveways.
Off-street automobile parking facilities shall be provided with driveways providing vehicular access to such
facilities from a public street or alley as follows:
A. The minimum driveway width shall be nine feet, clear of all obstructions.
B. All driveways and parking spaces shall be paved with not less than three and one-half six inches of
portland cement concrete, except that when supported by a selected rock base which is acceptable to the
chief building inspector for the type of soil upon which it is constructed, driveways may be paved with a
minimum of three two inches of asphaltic concrete. Pervious concrete or similar material and drainage
facilities may be alternatively installed for driveways and parking areas, or portions thereof, to specifications
approved by the building official and/or city engineer as applicable. Where practicable, surface runoff shall
drain into an adjacent pervious area on the property to maximize infiltration.
4. Section 17.44.160 of the Hermosa Beach Municipal Code shall be amended to read as follows:
17.44.160 Required improvement and maintenance of parking area.
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Every lot or area used for a public or private parking area shall be developed and maintained in the
following manner:
A. Surface Parking Area.
1. Off-street parking areas shall be paved with not less than two three-inch asphaltic or three and one
half six-inch portland cement concrete surfacing and maintained so as to eliminate dust or mud and
shall be so graded and drained as to dispose of all surface water. Pervious material with drainage
facilities may be alternatively installed for driveways and parking areas, or portions thereof, to
specifications approved by the building official or city engineer as applicable. Where practicable,
surface runoff shall drain into an adjacent pervious area on the property to maximize stormwater
retention and filtration. In no case shall drainage be allowed across sidewalks or driveways, except
residential use.
2. Designated parking spaces shall be indicated with paint or approved stripping material on the
surface of the parking area.
B. Border Barricades, Screening and Landscaping.
1. Off-street parking area that is not separated by a fence from any street, alley or property line upon
which it abuts, shall be provided with a suitable concrete curb or timber barrier of dressed
dimension stock not less than six inches in height, located not less than two feet from such street
or alley property lines, and such curb or barrier shall be securely installed and maintained; provided
no such curb or barrier shall be required across any driveway or entrance to such parking area.
Modifications for stormwater and urban runoff management (e.g., curb inlets) may be allowed to
specifications approved by the building official or city engineer as applicable. Where practicable,
surface runoff shall drain into an adjacent pervious area on the property to maximize infiltration.
2. Any unenclosed off-street parking area abutting property located in one of the R zones shall be
separated from such property by a solid masonry wall six feet in height measured from the grade of
the finished surface of such parking lot closest to the contiguous R zone property; provided, that
along the required front yard, the solid masonry wall shall not exceed forty-two (42) inches in
height. No such solid masonry wall need be provided where the elevation of that portion of the
parking area immediately adjacent to an R zone is six feet or more below the elevation of such R
zone property along the common property line.
C. Lighting. Light fixtures shall be high-efficiency, fully shielded (full cutoff) and down cast (emitting no light
above the horizontal plane of the fixture), and not create glare or spill beyond the property lines. Any lights
provided to illuminate any off-street parking area or used car sales area permitted by this ordinance shall
be arranged so the light is reflected as to reflect the light away from any street or premises upon which a
dwelling unit is located and the lamp bulb is not directly visible from within any residential unit.
5. Section 12.16.010 of the Hermosa Beach Municipal Code shall be amended to read as follows:
12.16.100 Commercial Outdoor Dining -- Exception for Pier Avenue.
Notwithstanding the provisions of Section 12.16.060 and 12.16.090, a conditional use permit shall not be
required for commercial outdoor dining on Pier Avenue between Pacific Coast Highway and the Strand,
excluding Specific Plan Area No. 11 (Upper Pier Avenue) wherein outdoor dining on the public right of way
is not allowed, as long as the conditions set forth in Section 12.16.090 are satisfied and the outdoor dining
facility complies with design standards adopted by resolution of the City Council.
EXHIBIT B ZONE CHANGE 22