HomeMy WebLinkAbout2010-03-16 PC AGENDA
AGENDA
PLANNING COMMISSION MEETING
CITY OF HERMOSA BEACH
C ITY H ALL C OUNCIL C HAMBERS
1315V ALLEY D RIVE
H ERMOSA B EACH,C A 90254
March 16, 2010
7:00 P.M.
Peter Hoffman, Chairman
Kent Allen, Vice Chairman
Shawn Darcy
Sam Perrotti
Ron Pizer
Note: No Smoking Is Allowed in The City Hall Council Chambers
THEPUBLICCOMMENTISLIMITEDTOTHREEMINUTESPERSPEAKER
Planning Commission agendas and staff reports are available for review
on the City’s web site at www.hermosabch.org.
Written materials distributed to the Planning Commission within 72 hours
of the Planning Commission meeting are available for public inspection immediately
upon distribution in the Community Development Department during normal business hours
from Monday through Thursday, 7:00 a.m. - 6:00 p.m. and on the City’s website.
Final determinations of the Planning Commission may be appealed to the City Council within
10 days of the next regular City Council meeting date. If the 10th day falls on a Friday
or City holiday, the appeal deadline is extended to the next City business day.
Appeals shall be in written form and filed with the City Clerk's office, accompanied by
an appeal fee. The City Clerk will set the appeal for public hearing before
the City of Hermosa Beach City Council at the earliest date possible.
If you challenge any City of Hermosa Beach decision in court, you may be limited
to raising only those issues you or someone else raised at the public hearing
described on this agenda, or in a written correspondence delivered to the
Planning Commission at, or prior to, the public hearing.
To comply with the Americans with Disabilities Act (ADA) of 1990, Assistive Listening Devices
will be available for check out at the meeting. If you need special assistance to participate
in this meeting, please call or submit your request in writing to the Community Development
Department at (310) 318-0242 at least 48 hours (two working days) prior to the meeting time
to inform us of your needs and to determine if/how accommodation is feasible.
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1. Pledge of Allegiance
2. Roll Call
3. Oral / Written Communications
Anyone wishing to address the Commission regarding a matter not related to a public hearing
on the agenda may do so at this time.
a) Presentation of the Hermosa Beach Mural Project.
Section I
Consent Calendar
4. Approval of the February 16, 2010 action minutes
5. Resolution(s) for consideration
a) Resolution P.C. 10-3 denying a Conditional Use Permit for on-sale beer and wine from
11:00 a.m. to 12:00 midnight daily in connection with a restaurant within a 2,479 square foot
space within the “Bijou Building”, and a Parking Plan on the basis that restaurant use is
more parking intensive than the previous auditorium and public assembly uses at 1221-
1227 Hermosa Avenue.
T HE RECOMMENDATIONS NOTED BELOW ARE FROM THE PLANNING STAFF AND ARE RECOMMENDATIONS
ONLY.T HE FINAL DECISION ON EACH ITEM RESTS WITH THE P LANNING C OMMISSION.P LEASE DO NOT
ASSUME THAT THE STAFF RECOMMENDATION WILL BE THE ACTION OF THE P LANNING C OMMISSION.
Section II
Public Hearing(s)
6. PARK 09-10 -- Parking Plan for a 59,000 + square foot building containing an automated
switching facility and office uses. The proposal is to allocate 15 spaces for the 39,305 square
foot first floor use in recognition of its use for automated equipment purposes, and to allocate 49
spaces to satisfy parking requirements for commercial uses on the 19,508 square foot second
floor, provided that any excess square footage on the second floor will be segregated as
unused /unoccupied, storage or similar purposes that have no parking demand, at 102 Pacific
Coast Highway (Verizon California, Inc.) and 911 1st Street (adjacent parking lot under
separate ownership) (continued from the February 16, 2010 meeting).
Staff Recommended Action: To continue to the April 20, 2010 meeting as requested by the
applicant.
7. PARK 10-3 -- Parking Plan to allow less than required parking, more than 30% compact size
parking spaces, and shared onsite parking in connection with a 2,572 square foot expansion of
an existing retail business (E.T. Surf) into space to be vacated by a portion of the automotive
businesses at 900-904 Aviation Boulevard. Parking will also be shared with businesses at 908-
950 Aviation Boulevard.
Staff Recommended Action: To direct staff as deemed appropriate.
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Section III
Hearing
8. CON 10-4 / PDP 10-5 / PARK 10-4 -- Request for a one year extension for Conditional Use
Permits, Precise Development Plan and Parking Plan for a 21-unit commercial condominium
project at 2101 Pacific Coast Highway.
Staff Recommended Action: To adopt a Minute Order extending the expiration date for a the
Precise Development Plan, Parking Plan and Conditional Use Permit for a 21-unit commercial
condominium by one year to March 16, 2011.
Section IV
9. Staff Items
a. Summary of water efficient landscape and water conservation ordinances adopted
February 9, 2010 (Chapters 8.56 and 8.60 of the Municipal Code)
b. Tentative future Planning Commission agenda.
c. Community Development Department activity reports of January, 2010.
10. Commissioner Items
11. Adjournment
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ACTION MINUTES OF THE PLANNING COMMISSION MEETING
OF THE CITY OF HERMOSA BEACH HELD ON
FEBRUARY 16, 2010, 7:00 P.M.,
AT THE CITY HALL COUNCIL CHAMBERS
All public testimony and the deliberations of the Planning Commission can be viewed
on the City’s web site at www.hermosabch.org, On-Demand Video of City Meetings
The meeting was called to order at 7:01 P.M. by Chairman Hoffman.
1. Pledge of Allegiance
2. Roll Call
Present: Commissioners Allen, Darcy, Perrotti, Pizer and Chairman Hoffman
Absent: None
Also Present: Community Development Director Ken Robertson
Senior Planner Pamela Townsend
Assistant City Attorney Lauren Feldman
Assistant Planner Eva Choi
3. Oral /Written Communication - Anyone wishing to address the Commission regarding a
matter not related to a public hearing on the agenda may do so at this time.
Section I Consent Calendar
4. Approval of the January 19, 2010 action minutes.
ACTION: To approve the above minutes as presented.
Motion by Commissioner Perrotti, seconded by Commissioner Pizer. The motion
carried by a unanimous vote.
5. Resolution(s) for approval
Section II
HEARING
6. C-36 -- Annual review and report on Conditional Use Permit compliance for on-sale
alcoholic beverage establishments.
Staff Recommended Action: To receive and file the report, and continue enforcement by
the Police and Fire Department for Conditional Use Permit and other violations.
ACTION: To receive and file the report, and continue enforcement by the Police and Fire
Department for Conditional Use Permit and other violations.
1Planning Commission Action Minutes
February 16, 2010
MOTION by Commissioner Perrotti, seconded by Commissioner Pizer. The motion
carried as follows:
AYES: Allen, Darcy, Hoffman, Perrotti, Pizer
NOES: None
ABSENT: None
ABSTAIN: None
PUBLIC HEARING(S)
7. PARK 09-10 -- Parking Plan for a 59,000 + square foot building containing an
automated switching facility and office uses. The proposal is to allocate 15 spaces for
the 39,305 square foot first floor use in recognition of its use for automated equipment
purposes, and to allocate 49 spaces to satisfy parking requirements for commercial
uses on the 19,508 square foot second floor, provided that any excess square footage
on the second floor will be segregated as unused /unoccupied, storage or similar
purposes that have no parking demand, at 102 Pacific Coast Highway (Verizon
California, Inc.) and 911 1st Street (adjacent parking lot under separate ownership).
Staff Recommended Action: To adopt the resolution approving a Parking Plan for 102
Pacific Coast Highway and segregating conditions applicable to 911-1st Street, subject
to conditions.
ACTION: To continue subject project to the March 16, 2010 meeting at the request of
the applicant.
MOTION by Commissioner Perrotti, seconded by Commissioner Darcy. The motion
carried as follows:
AYES: Allen, Darcy, Hoffman, Perrotti, Pizer
NOES: None
ABSENT: None
ABSTAIN: None
8. CUP 10-1 / PARK 10-1 -- Conditional Use Permit to allow on-sale beer and wine from
11:00 a.m. to 12:00 midnight daily in connection with a restaurant within a 2,479 square
foot space within the “Bijou Building”, and a Parking Plan to determine that the
restaurant use is not more intensive than the previous auditorium/public assembly uses
(art gallery and theater) with respect to parking requirements, at 1221-1227 Hermosa
Avenue (Sushi Sei, which is proposing to relocate).
Staff Recommended Action: To direct staff as deemed appropriate.
ACTION: To direct staff to return with a resolution at the March 16, 2010 meeting
denying a Conditional Use Permit to allow on-sale beer and wine from 11:00 a.m. to
12:00 midnight daily in connection with a restaurant within a 2,479 square foot space
within the “Bijou Building”.
MOTION by Commissioner Allen, seconded by Commissioner Perrotti. The motion
carried as follows:
2Planning Commission Action Minutes
February 16, 2010
AYES: Allen, Perrotti, Pizer
NOES: Darcy, Hoffman
ABSENT: None
ABSTAIN: None
FURTHER ACTION: To direct staff to return with a resolution at the March 16, 2010
meeting denying subject Parking Plan to determine that the restaurant use is not more
intensive than the previous auditorium/public assembly uses (art gallery and theater)
with respect to parking requirements.
MOTION by Commissioner Pizer, seconded by Commissioner Allen. The motion
carried as follows:
AYES: Allen, Perrotti, Pizer
NOES: Darcy, Hoffman
ABSENT: None
ABSTAIN: None
9. CUP 10-2 / PDP 10-3 -- Conditional Use Permit and Precise Development Plan to allow
outdoor storage of supplies and vehicles in connection with a new landscape business
on a 7,450 square foot lot containing an existing 1,140 square foot building (previously
a truck rental business) and confirmation of parking requirements, at 1081 Aviation
Boulevard (National Greens, Inc.)
Staff Recommended Action: To adopt the resolution approving the Conditional Use
Permit and Precise Development Plan for the proposed use, subject to conditions.
ACTION: To approve subject Conditional Use Permit and Precise Development Plan by
adopting the resolution with following modifications in Section 5:
1. Delete Condition No. 11.
2. Condition No. 12: Delete “…within two years, or as a condition of any major
remodel or reconstruction, whichever occurs first.” Also delete “The Community
Development Director may approve one extension of time not to exceed six
months.”
3. Condition No. 9: Change business hours from “…Monday to Friday 7:30 a.m. to
6:00 p.m…” to “…Monday to Friday 8:00 a.m. to 6:00 p.m…”
4. Condition No. 10: Delete “…or major remodel or reconstruction of the building or
new building construction. An encroachment permit shall be obtained from the
Public Works Department.”
MOTION by Commissioner Pizer, seconded by Commissioner Perrotti. The motion
carried as follows:
AYES: Darcy, Hoffman, Perrotti, Pizer
NOES: Allen
ABSENT: None
ABSTAIN: None
3Planning Commission Action Minutes
February 16, 2010
10. TEXT 10-3 -- Text amendment to the Municipal Code by making minor changes to Title
17 (Zoning) for clarity, internal consistency, correctness, and cross-referencing; to
incorporate policy interpretations; to add lighting and screening roof element
regulations; and to amend permitting procedures; and to amend other Titles for
consistency.
Staff Recommended Action: To continue the matter to March 16, 2010.
ACTION: To continue subject matter to the April 20, 2010 meeting.
MOTION by Commissioner Perrotti, seconded by Commissioner Darcy. The motion
carried as follows:
AYES: Allen, Darcy, Hoffman, Perrotti, Pizer
NOES: None
ABSENT: None
ABSTAIN: None
Section III
HEARING
11. CON 10-3 / PDP 10-4 / CUP 10-3 / PARK 10-2 -- Request for an extension for
Conditional Use Permits, Precise Development Plan and Parking Plan for a 7-unit
commercial condominium project with snack shop at 205 Pier Avenue.
Staff Recommended Action: To adopt a Minute Order extending the expiration date of
the Conditional Use Permits for a condominium plan and snack shop, a Precise
Development Plan and Parking Plan to February 19, 2011.
ACTION: To approve, by minute order, the extension of the Conditional Use Permits,
Precise Development Plan and Parking Plan for a 7-unit commercial condominium
project with snack shop by one year to February 19, 2011.
MOTION by Commissioner Darcy, seconded by Commissioner Perrotti. The motion
carried as follows:
AYES: Allen, Darcy, Hoffman, Perrotti, Pizer
NOES: None
ABSENT: None
ABSTAIN: None
Section IV
12. Staff Items
a. Tentative future Planning Commission agenda.
b. Community Development Department activity reports of December, 2009.
4Planning Commission Action Minutes
February 16, 2010
13. Commissioner Items
a. Request by Commissioner Ron Pizer to schedule for a future agenda to discuss
options for more specifically regulating or encouraging the type or mix of uses
along Upper Pier Avenue.
ACTION: The Planning Commission, by consensus, directed staff to provide
information in a future agenda about strategies that might exist to encourage
ground floor pedestrian oriented non-office uses and possible impacts; also to
research models of other cities that might be of utility to our City.
14. Adjournment
The meeting was formally adjourned at 9:34 P.M.
CERTIFICATION
I hereby certify that the foregoing Minutes are a true and complete record of the action
taken by the Planning Commission of Hermosa Beach at the regularly scheduled meeting of
February 16, 2010.
______________________________ ____________________________
Peter Hoffman, Chairman Ken Robertson, Secretary
______________________
Date
5Planning Commission Action Minutes
February 16, 2010
RESOLUTION NO. 10-3
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA DENYING A CONDITIONAL USE PERMIT FOR ON-SALE BEER
AND WINE FROM 11:00 A.M. TO 12:00 MIDNIGHT DAILY IN CONNECTION WITH A
RESTAURANT WITHIN A 2,479 SQUARE FOOT SPACE WITHIN THE “BIJOU
BUILDING” AND A PARKING PLAN ON THE BASIS THAT RESTAURANT USE IS
MORE PARKING INTENSIVE THAN THE PREVIOUS AUDITORIUM AND PUBLIC
ASSEMBLY USES AT 1221-1227 HERMOSA AVENUE, LEGALLY DESCRIBED AS
LOTS 14,15,16,17 LOT 18 BLOCK 13, HERMOSA BEACH TRACT, HERMOSA BEACH.
The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows:
Section 1. An application was filed by Sushi Sei, C/O Otto Palmer & Joseph Di Monda, for a
Conditional Use Permit to allow on-sale beer and wine from 11:00 a.m. to 12:00 midnight daily in connection
with a restaurant within a 2,479 square foot space and Parking Plan to determine that restaurant use is not more
intensive than the previous auditorium and public assembly uses (art gallery/theater) with respect to parking
within the central tenant space of the “Bijou Building” facing Hermosa Avenue, at 1221-1227 Hermosa Avenue.
Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application
for Conditional Use Permit 10-1 and Parking Plan 10-1 on February 16, 2010 at which time testimony and
evidence, both written and oral, were presented to and considered by the Planning Commission.
Section 3. Based on the evidence received at the public hearing, the Planning Commission makes the
following factual findings:
1. The applicant proposes to relocate an existing restaurant with on-sale beer and wine to a new location that
was previously used as a theater and subsequently as an art gallery. The proposed hours of operation are
11:00 a.m. to 12:00 midnight and the applicant’s plans state that seating for 112 customers will be provided.
2. The applicant proposes to establish a restaurant with on-sale beer and wine without providing any off-street
parking on the basis that parking for the proposed restaurant use (one space per 100 square feet of gross
floor area) is not more intensive than the pre-existing uses (theater and art gallery) which were parked at
the auditorium/public assembly standard (one space per 50 square feet of gross floor area or one space
per five seats in the auditorium), and therefore a parking reduction is merited.
3. The City’s Zoning Ordinance requires a Conditional Use Permit to operate an on-sale establishment in
conjunction with a restaurant open later than 10:00 p.m. in the C-2 zone and a Parking Plan to allow less
than 25 off-street parking spaces for a restaurant within a 2,479 square foot tenant space.
Section 4.Based on the foregoing findings, the Planning Commission makes the following findings
pertaining to the application for Conditional Use Permit 10-1, pursuant to Subsections H, I, J, and K of Section
17.40.020 and Subsection A of Section 17.40.080 of the Municipal Code:
1.The proposed use is inconsistent with the City Council’s policy of limiting concentration or
intensification of on-sale establishments in the downtown and upper Pier Avenue.
2.The proposed business would increase the number and concentration of on-sale establishments open
later than 10:00 p.m. in the downtown and Pier Plaza areas as detailed in the February 16, 2010 Staff
Report, and on-sale establishments including restaurants open in the late evening after the typical dinner
hour tend to assume the character of bars and contribute to cumulative impacts such as disturbances,
noise, and impacts to surrounding uses.
3.Because the proposed use could add 100 persons or more to the downtown in the late evening, it will
contribute to cumulative impacts associated with the over-concentration of on-sale alcohol
establishments in the area, and conditions to fully mitigate these impacts have not been identified.
2
4.The proposed use is further contrary to a vision of a downtown that includes a balance of uses, rather
than trending toward domination by one use, such as restaurants. The building in which the proposed
use would be located is a historic landmark and is therefore additionally a unique property and with a
total lack of parking and no kitchen, while other vacant spaces better suited to a restaurant use exist
within the area.
5.Restaurants with on-sale alcoholic beverages that are open later than 10:00 p.m. tend to assume the
character of a bar in the later evening and such impacts are highly dependent on the specific operation,
management and patronage. The applicant’s existing business known as ‘Sushi Sei’ has been operating
at its current location with an 11:00 p.m. closing time and has a good record or compliance (i.e. exhibits
a lack of police reports and disturbances at its current location); however, a conditional use permit runs
with the land, rather than ownership. Therefore, the ownership, management or operation of the
restaurant, and its impacts, may change over time and become incompatible with surrounding uses and
the City’s land use goals and policies.
6.While the business is not immediately adjacent to the residential uses, noise impacts may nonetheless
occur due to the increased number of people within the downtown, generally, after 10:00 p.m., when
there is heightened sensitivity to noise as established by Section 8.24.040(B) and (I) of the City's Noise
Ordinance.
Section 5.Based on the foregoing findings, the Planning Commission makes the following findings
pertaining to the application for Parking Plan 10-1, pursuant to Section 17.44.210 of the Municipal Code:
1.No off-site parking will be provided under the proposal and adequate parking for the proposed use,
projected to be 56 spaces for 112 seats, has not been demonstrated. The lack of parking will be most
problematic during the evening and weekends, when parking demand in the downtown area is at its
height.
2.The use does not represent the continuation of a prior use with a similar parking demand, in that the
prior gallery use exhibited high parking demand in conjunction with receptions on average less than
once per month, while the proposed use has the potential to generate a high parking demand on a daily
basis.
Section 6. Based on the foregoing, the Planning Commission herebydenies the subject Conditional
Use Permit 10-1 and Parking Plan 10-1.
Section 7. Pursuant to the Code of Civil Procedure Section 1094.6 any legal challenge to the decision
of the Planning Commission, after a formal appeal to the City Council, must be made within 90 days after the
final decision by the City Council.
VOTE: AYES: Comms.Allen,Perrotti,Pizer
NOES: Comm.Darcy,Chmn.Hoffman
ABSENT: None
ABSTAIN: None
CERTIFICATION
I hereby certify that the foregoing Resolution P.C. 10-3 is a true and complete record of the action taken by
the Planning Commission of the City of Hermosa Beach, California at their regular meeting of February 16,
2010 and memorialized on March 16, 2010.
Peter Hoffman, Chairman Ken Robertson, Secretary
March 16, 2010
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CITY OF HERMOSA BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
Date: March 16, 2010
To: Honorable Chairman and Members of the Planning Commission
From: Pamela Townsend, Senior Planner
Subject: Supplemental: Adopt a Resolution Denying a Conditional Use
Permit to Allow On-Sale Beer and Wine in conjunction with a
Restaurant and a Parking Plan, at 1221-1227 Hermosa Avenue
Recommendation:
Adopt the attached resolution denying Conditional Use Permit 10-1 and Parking Plan 10-1 for On-Sale
Beer and Wine in conjunction with a restaurant with less than required parking.
Summary:
The attached resolution has been modified to include Finding 7 under Section 4 (no off-street parking
is provided).
On February 16, 2010, the Planning Commission directed staff to return with a resolution reflecting the
Commission’s decision to deny Conditional Use Permit 10-1 and Parking Plan 10-1 for on-sale beer
and wine in conjunction with a new restaurant within the Bijou Building, with less than required
parking.
The Planning Commission found the proposed use would contribute to the concentration of on-sale
establishments in the downtown with potential adverse effects to surrounding uses and city services,
and the proposed use has a greater parking demand than the prior gallery use.
Attachment
1.Proposed resolution
Supplemental
Information
5a
1
RESOLUTION NO. 10-3
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA DENYING A CONDITIONAL USE PERMIT FOR ON-SALE BEER
AND WINE FROM 11:00 A.M. TO 12:00 MIDNIGHT DAILY IN CONNECTION WITH A
RESTAURANT WITHIN A 2,479 SQUARE FOOT SPACE WITHIN THE “BIJOU
BUILDING” AND A PARKING PLAN ON THE BASIS THAT RESTAURANT USE IS
MORE PARKING INTENSIVE THAN THE PREVIOUS AUDITORIUM AND PUBLIC
ASSEMBLY USES AT 1221-1227 HERMOSA AVENUE, LEGALLY DESCRIBED AS
LOTS 14,15,16,17 LOT 18 BLOCK 13, HERMOSA BEACH TRACT, HERMOSA BEACH.
The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows:
Section 1. An application was filed by Sushi Sei, C/O Otto Palmer & Joseph Di Monda, for a
Conditional Use Permit to allow on-sale beer and wine from 11:00 a.m. to 12:00 midnight daily in connection
with a restaurant within a 2,479 square foot space and Parking Plan to determine that restaurant use is not more
intensive than the previous auditorium and public assembly uses (art gallery/theater) with respect to parking
within the central tenant space of the “Bijou Building” facing Hermosa Avenue, at 1221-1227 Hermosa Avenue.
Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application
for Conditional Use Permit 10-1 and Parking Plan 10-1 on February 16, 2010 at which time testimony and
evidence, both written and oral, were presented to and considered by the Planning Commission.
Section 3. Based on the evidence received at the public hearing, the Planning Commission makes the
following factual findings:
1.The applicant proposes to relocate an existing restaurant with on-sale beer and wine to a new location that
was previously used as a theater and subsequently as an art gallery. The proposed hours of operation are
11:00 a.m. to 12:00 midnight and the applicant’s plans state that seating for 112 customers will be provided.
2.The applicant proposes to establish a restaurant with on-sale beer and wine without providing any off-street
parking on the basis that parking for the proposed restaurant use (one space per 100 square feet of gross
floor area) is not more intensive than the pre-existing uses (theater and art gallery) which were parked at
the auditorium/public assembly standard (one space per 50 square feet of gross floor area or one space
per five seats in the auditorium), and therefore a parking reduction is merited.
3.The City’s Zoning Ordinance requires a Conditional Use Permit to operate an on-sale establishment in
conjunction with a restaurant open later than 10:00 p.m. in the C-2 zone and a Parking Plan to allow less
than 25 off-street parking spaces for a restaurant within a 2,479 square foot tenant space.
Section 4.Based on the foregoing findings, the Planning Commission makes the following findings
pertaining to the application for Conditional Use Permit 10-1, pursuant to Subsections H, I, J, and K of Section
17.40.020 and Subsection A of Section 17.40.080 of the Municipal Code:
1.The proposed use is inconsistent with the City Council’s policy of limiting concentration or
intensification of on-sale establishments in the downtown and upper Pier Avenue.
2.The proposed business would increase the number and concentration of on-sale establishments open
later than 10:00 p.m. in the downtown and Pier Plaza areas as detailed in the February 16, 2010 Staff
Report, and on-sale establishments including restaurants open in the late evening after the typical dinner
hour tend to assume the character of bars and contribute to cumulative impacts such as disturbances,
noise, and impacts to surrounding uses.
3.Because the proposed use could add 100 persons or more to the downtown in the late evening, it will
contribute to cumulative impacts associated with the over-concentration of on-sale alcohol
establishments in the area, and conditions to fully mitigate these impacts have not been identified.
2
4.The proposed use is further contrary to a vision of a downtown that includes a balance of uses, rather
than trending toward domination by one use, such as restaurants. The building in which the proposed
use would be located is a historic landmark and is therefore additionally a unique property and with a
total lack of parking and no kitchen, while other vacant spaces better suited to a restaurant use exist
within the area.
5.Restaurants with on-sale alcoholic beverages that are open later than 10:00 p.m. tend to assume the
character of a bar in the later evening and such impacts are highly dependent on the specific operation,
management and patronage. The applicant’s existing business known as ‘Sushi Sei’ has been operating
at its current location with an 11:00 p.m. closing time and has a good record or compliance (i.e. exhibits
a lack of police reports and disturbances at its current location); however, a conditional use permit runs
with the land, rather than ownership. Therefore, the ownership, management or operation of the
restaurant, and its impacts, may change over time and become incompatible with surrounding uses and
the City’s land use goals and policies.
6.While the business is not immediately adjacent to the residential uses, noise impacts may nonetheless
occur due to the increased number of people within the downtown, generally, after 10:00 p.m., when
there is heightened sensitivity to noise as established by Section 8.24.040(B) and (I) of the City's Noise
Ordinance.
7.No off-street parking or dedicated onsite parking is provided, proposed or available for the proposed
business.
Section 5.Based on the foregoing findings, the Planning Commission makes the following findings
pertaining to the application for Parking Plan 10-1, pursuant to Section 17.44.210 of the Municipal Code:
1.No off-site parking will be provided under the proposal and adequate parking for the proposed use,
projected to be 56 spaces for 112 seats, has not been demonstrated. The lack of parking will be most
problematic during the evening and weekends, when parking demand in the downtown area is at its
height.
2.The use does not represent the continuation of a prior use with a similar parking demand, in that the
prior gallery use exhibited high parking demand in conjunction with receptions on average less than
once per month, while the proposed use has the potential to generate a high parking demand on a daily
basis.
Section 6. Based on the foregoing, the Planning Commission herebydenies the subject Conditional
Use Permit 10-1 and Parking Plan 10-1.
Section 7. Pursuant to the Code of Civil Procedure Section 1094.6 any legal challenge to the decision
of the Planning Commission, after a formal appeal to the City Council, must be made within 90 days after the
final decision by the City Council.
VOTE: AYES: Comms.Allen,Perrotti,Pizer
NOES: Comm.Darcy,Chmn.Hoffman
ABSENT: None
ABSTAIN: None
CERTIFICATION
I hereby certify that the foregoing Resolution P.C. 10-3 is a true and complete record of the action taken by
the Planning Commission of the City of Hermosa Beach, California at their regular meeting of February 16,
2010 and memorialized on March 16, 2010.
Peter Hoffman, Chairman Ken Robertson, Secretary
March 16, 2010
Date
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ORDINANCE NO. 10-1306
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AN ORDINANCE OF THE CITY OF HERMOSA BEACH ADDING
CHAPTER 8.56 WATER CONSERVATION AND DROUGHT
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MANAGEMENT PLAN TO TITLE 8 OF THE HERMOSA BEACH
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MUNICIPAL CODE AND AMENDING CHAPTER 1.10 FOR
CONSISTENCY
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THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
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DOES ORDAIN AS FOLLOWS:
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SECTION 1: A new Chapter 8.56 is hereby added to Title 8 of the Hermosa Beach
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Municipal Code to read as follows:
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Chapter 8.56
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WATER CONSERVATION AND DROUGHT MANAGEMENT PLAN
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Sections:
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8. 56.010 Title.
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8. 56.020 Findings.
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8. 56.030 Purpose and Intent.
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8. 56.040 Definitions.
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8. 56.050 Applicability.
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8. 56.060 Water Conservation and Drought Management Plan.
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8. 56.070 Water Conservation Requirements.
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8. 56.080 Drought Response Level 1 – Drought Alert Condition.
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8. 56.090 Drought Response Level 2 – Drought Critical Condition.
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8. 56.100 Drought Response Level 3 – Drought Emergency Condition
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8. 56.110 Procedures for Declaration and Notification of Drought Response Level and
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Additional Water Conservation Measures.
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8. 56.120 Exceptions.
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8. 56.130 Penalties and Remedies.
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8.56.010 Title.
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This Chapter shall be known as the “City of Hermosa Beach Water Conservation and
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Drought Management Plan Ordinance.”
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8.56.020 Findings.
4
A. A reliable supply of potable water is essential to the public health, safety and welfare of the
5
people and economy of the State, the southern California region and City of Hermosa Beach.
6
B. The State of California, southern California region and the City of Hermosa Beach suffer
7
from periodic water shortages, and a growing population, climate change, environmental
8
concerns, periodic energy shortages, and other factors make the region highly susceptible to water
9
supply reliability issues.
10
C. An active water conservation program with conservation measures applicable to all
11
sources and uses of water is essential to ensure a reliable supply of water for drinking, sanitation
12
and fire protection, and to protect the public health, safety and welfare.
13
D. A Water Conservation and Drought Management Plan is necessary to properly manage
14
water supplies and mitigate the effects of water shortages within the City by reducing water
15
consumption by residents, businesses and visitors, while minimizing the hardship caused to the
16
general public to the greatest extent possible.
17
E. Recycled water (including water reclaimed by the West Basin Municipal Water District,
18
graywater to the extent allowed by law and capture of rainwater) is a valuable resource that can be
19
used to offset imported and other water supplies and shall therefore be regulated under this
20
Chapter.
21
8.56.030 Purpose and Intent.
22
A. The purposes of this Chapter are to increase the conservation and efficient use of potable
23
water, maximize the use of recycled water, and provide a drought management plan. The plan
24
will reduce water consumption and extend available water supplies, minimize the effects and
25
hardship of water shortages on the City and the general public to the greatest extent possible, and
26
maximize the socioeconomic and environmental benefits associated therewith.
27
28
2 10-1306
B. This Ordinance is intended solely to further the conservation of water. It is not intended to
1
implement or supersede any federal, state, or local statute, Ordinance or regulation relating to
2
protection of water quality or control of drainage or runoff.
3
C. This Ordinance does not modify, terminate or otherwise affect the water services or water
4
rates of any person.
5
8.56.040 Definitions.
6
The terms in this Chapter relating to various uses of property shall be as defined in Title 17
7
(Zoning) and shall be broadly construed to achieve the purposes of this Chapter. In addition:
8
“Approval Authority” means the City Manager or his/her designee.
9
10
“Commercial" means commercial, industrial, or any other nonresidential business or use.
11
"Discretionary planning entitlement" means a land use permit or approval granted by the
12
planning commission necessary to proceed with development.
13
“Existing” as used in this Chapter means, as applicable:
14
A.An existing building means a building that was constructed or had received all required
15
approvals to commence construction on or prior to April 1, 2010.
16
B.An existing establishment means a business establishment that was in operation on or prior
17
to April 1, 2010.
18
"Irrigation system" or "landscape irrigation system" means an irrigation system with pipes,
19
hoses, spray heads, or sprinkling devices that is operated through an automated system.
20
“New” means as applicable:
21
22 A."New building" means a building that is constructed, or receives all required approvals
to commence construction, after April 1, 2010.
23
24
B.“New establishment,” “new business” or “new facility” mean a business establishment
25
that initiates operation, or receives all required approvals to initiate operation, after April 1, 2010.
26
"Person” means any natural person or persons, corporation, public or private entity,
27
governmental agency or institution, or any other user of water within the City.
28
3 10-1306
"Positive action quick-release shutoff valve or nozzle" means a hand-held sprayer or similar
1
device that quickly, automatically and absolutely stops the flow of water when the user stops
2
exerting pressure. Water-efficient devices emit not more than three (3) gallons of water per
3
minute.
4
5
"Pre-rinse dishwashing spray nozzle" means a hand-held device that uses a spray of water to
6
remove food and grease from dishware, utensils and pans before placing them in the dishwasher
7
that emits not more than 1.6 gallons of water per minute.
8
"Pressure washer" means a water conserving cleaning device that emits not more than three (3)
9
gallons of water per minute.
10
"Recycled water" or "recycling system" means the capture, reclamation and reuse of non-
11
potable water for beneficial use.
12
"Single pass cooling system" means equipment where water is circulated only once to cool
13
14 equipment before the water is disposed.
15
"Water broom" means a water conserving sweeping device with spray jets that emit not more
16
than three (3) gallons of water per minute.
17
“Water-efficient” means a water conserving fixture, device or system that complies with the
18
water conservation standards of the most current edition of the California Plumbing Code or, if no
19
standard applies, is EPA WaterSense labeled or its equivalent. In no case shall the fixture, device
20
or system use more water than is indicated by the standard stated in this section.
21
"Water-efficient irrigation systems" means systems using water conserving devices, including
22
but not limited to weather based controllers, drip/micro-irrigation systems with emitters that emit
23
not more than two (2) gallons of water per hour, and stream rotor sprinklers that meet a seventy
24
(70) percent or greater efficiency standard.
25
26
"Water-efficient dishwashing machines or systems” mean devices that use not more than one
27
(1) gallon of water per rack.
28
4 10-1306
"Water-efficient laundry washing machines" means machines have a water factor of 6.0 or
1
less, wherein water factor means the number of gallons of water used per cycle, divided by the tub
2
volume.
3
4
"Water-efficient toilet" means toilets using not more than 1.6 gallons per flush or urinals using
5
not more than one (1) gallon per flush.
6
"Water recycling system" means a system that reclaims and reuses non-potable water.
7
8.56.050 Applicability.
8
This Chapter is applicable to every person, commercial business, or other water user in the use
9
of any water within the City. The City Council may by Resolution exempt pilot programs or
10
special programs of limited scope undertaken by the City or undertaken in conjunction with the
11
City's water providers.
12
8.56.060 Water Conservation and Drought Management Plan.
13
This Chapter establishes a water conservation and drought management plan consisting of both
14
permanent regulations designed to reduce water usage and increase the efficiency of water use on
15
an ongoing basis, and three increasingly restrictive levels of drought response actions to be
16
implemented in times of drought conditions.
17
8.56.070 Water Conservation Requirements.
18
The following water conservation requirements shall apply to all persons:
19
A. Landscaping.
20
1. Watering hours and duration. No lawn or landscaped area shall be irrigated or
21
watered by any means between the hours of 9:00 a.m. and 6:00 p.m. on any day. Above-ground
22
spray irrigation or watering shall not exceed fifteen (15) minutes per irrigation station or area.
23
This provision shall not apply to drip irrigation systems, use of a hand-held bucket or similar
24
container, use of a hand-held hose equipped with a positive action quick-release shutoff valve or
25
nozzle, irrigation necessary to establish newly planted low water usage plants, or water expended
26
for limited periods of time necessary for irrigation system maintenance or leak repair.
27
28
5 10-1306
2. Over-watering: No lawn or landscaped area shall be irrigated or watered to the point
1
where excess water ponds, sprays or runs off the lawn or landscaped area onto any walkways,
2
sidewalks, driveways, streets, alleys or storm drains.
3
3. Irrigation during rainfall: No lawn or landscaped area shall be irrigated or watered
4
during rainfall or within 24 hours after measurable rainfall.
5
4.Landscape maintenance:All lawns and landscaping shall be regularly maintained to
6
reduce water use by such methods as aerating, thatching and mulching.
7
5. Landscape irrigation system maintenance: Landscape irrigation systems shall be
8
regularly inspected, maintained and repaired to eliminate leaks, remove obstructions to water
9
emission devices and eliminate over spraying.
10
B. Pools and spas. New pools and spas shall be equipped with a cover. Not later than July 1,
11
2012, all existing pools and spas shall be constructed, installed or equipped with a cover. Pools
12
and spas shall be covered overnight and daily when use is concluded.
13
C. Water fountains and decorative water features. No person shall operate a fountain or
14
other decorative water feature that does not recycle or re-circulate the water utilized by the device.
15
D. Cleaning. No person shall use water to wash or clean any sidewalks, walkways, patios,
16
driveways, alleys, parking or similar areas, whether paved or unpaved; however, use of water
17
brooms or pressure washers or similar low flow technology, or water recycling systems to clean
18
these surfaces, is permitted. In no case shall such water run off the property or drain onto any
19
walkways, sidewalks, streets, alleys or storm drains.
20
E. Car washing. No person shall use water to wash or clean any motorized or un-motorized
21
vehicle, including, but not limited to, an automobile, truck, boat, van, bus, motorcycle, trailer or
22
similar vehicle, except by use of a bucket or similar container or a hand-held hose equipped with a
23
positive action quick-release shutoff valve or nozzle. This subsection shall not apply to any
24
commercial car washing facility that uses a water recycling system to capture or reuse water.
25
F.Waste and leaks. No person shall:
26
1. Cause, permit or allow water to leak from any exterior or interior pipe, hose or plumbing
27
fixture.
28
6 10-1306
2. Cause, permit or allow water to flow from any source on private or public property onto
1
walkways, sidewalks, streets, alleys or storm drains, except as a result of rainfall or pumping
2
excessive groundwater infiltration, such as by means of a sump pump.
3
3. The use of water for cleaning, washing and other uses shall be performed in an efficient
4
manner to reduce waste and total water use.
5
G.All commercial establishments.
6
1. Single pass cooling systems.Single-pass cooling systems shall not be installed in new
7
commercial buildings. When single pass cooling systems in existing businesses are replaced,
8
single pass cooling system shall not be installed as a replacement.
9
2. Toilets. New commercial establishments shall install and use only water-efficient
10
toilets. All existing commercial establishments shall install and use only water-efficient toilets by
11
January 1, 2014.
12
H. Eating and drinking establishments. The following provisions shall also apply to all
13
restaurants, cafes, snack shops, bars, other eating and drinking establishments, and food catering
14
businesses:
15
1. All establishments shall only provide drinking water to customers upon request.
16
2. All establishments shall install and use low-flow pre-rinse dishwashing spray nozzles by
17
July 1, 2011.
18
3. All establishments shall use low-flow technologies for washing and cleaning floors and
19
surfaces, such as using a hand-held bucket or similar container and mop, water brooms or pressure
20
washers.
21
4. New establishments shall install and use water-efficient dishwashing machines or
22
systems. When dishwashing machines in existing businesses are replaced, water-efficient
23
dishwashing machines or systems shall be installed. All existing establishments shall install and
24
use only water-efficient dishwashing machines or systems by January 1, 2014.
25
I. Hotels and motels. The following provisions shall apply to all hotels, motels, hostels, bed
26
and breakfast and similar temporary accommodation establishments:
27
28
7 10-1306
1. All establishments shall provide customers the option of choosing not to have towels and
1
linens laundered daily and shall prominently display notice of this option in each bathroom and
2
sleeping room using clear and easily understood language.
3
2. All establishments that provide on-premises facilities for laundering towels or linens
4
shall comply with Subsection J of this Section.
5
3. All establishments that provide food services shall comply with Subsection H of this
6
Section.
7
J. Laundry businesses. New commercial laundry businesses shall install and use water
8
recycling systems. When washing machines in existing businesses are replaced, water-efficient
9
laundry washing or water recycling systems shall be installed. All existing laundry businesses
10
shall install and use only water-efficient laundry washing machines or water recycling systems by
11
January 1, 2014.
12
K. Commercialcar wash facilities. New commercial conveyor-type car wash facilities shall
13
install water recycling systems. All existing conveyor car wash systems shall install and operate
14
only water recycling systems by January 1, 2012. All existing commercial car wash operations,
15
including those accessory to another use, shall use high pressure, low volume wash systems,
16
bucket or similar container, and/or a hand-held hose equipped with a positive action quick-release
17
shutoff valve or nozzle, or similar low-flow device by January 1, 2012.
18
L. Exceptions. The provisions of this Section are not applicable to uses of water that are
19
necessary to protect public health and safety or for essential governmental services when such
20
uses of water cannot be reduced, such as for fire-fighting and other similar emergency services.
21
8.56.080 Drought Response Level 1 – Drought Alert Condition.
22
A. The City Council may by Resolution declare a Drought Alert condition and implement the
23
Level 1 conservation measures set forth in this Section on the grounds that, due to water supply
24
cutbacks caused by drought or reduction in supplies for other reasons, an overall consumer
25
demand reduction of up to ten (10) percent is required in order to have sufficient water supplies
26
available to meet anticipated demands.
27
28
8 10-1306
B. Except as otherwise stated in this Chapter, during a Level 1 Drought Alert condition all
1
persons using water shall comply with the following additional conservation measures:
2
1. Watering days and duration. Limit lawn and landscape watering or irrigation to no
3
more than three (3) days per week. Above-ground spray irrigation shall be limited to no more than
4
fifteen (15) minutes per watering station or area; this limitation shall not apply to the use of
5
recycled water to maintain public parks and facilities. The City Council may by Resolution
6
establish a schedule of permissible watering days. This provision shall not apply to commercial
7
nurseries, drip irrigation systems, use of a hand-held bucket or similar container and/or a hand-
8
held hose equipped with a positive action quick-release shutoff valve or nozzle.
9
8.56.090 Drought Response Level 2 – Drought Critical Condition.
10
A. The City Council may by Resolution declare a Drought Critical condition and implement
11
the Level 2 conservation measures set forth in this Section on the grounds that, due to water
12
supply cutbacks caused by drought or reduction in supplies for other reasons, an overall consumer
13
demand reduction of ten (10) to twenty (20) percent is required in order to have sufficient water
14
supplies available to meet anticipated demands.
15
B. During a Drought Critical condition all persons using water shall comply the following
16
additional conservation measures:
17
1. Watering days and duration. Limit lawn and landscape watering or irrigation to no
18
more than two (2) days per week, provided that the City Council may by Resolution limit lawn
19
and landscape watering or irrigation to no more than one (1) day per week to achieve a reduction
20
of up to twenty (20) percent. Above-ground spray irrigation shall be limited to no more than
21
fifteen (15) minutes per watering station or area; this limitation shall not apply to the use of
22
recycled water to maintain public parks and facilities. The City Council may by Resolution
23
establish a schedule of permissible watering days. This provision shall not apply to commercial
24
nurseries, drip irrigation systems, use of a hand-held bucket or similar container and/or a hand-
25
held hose equipped with a positive action quick-release shutoff valve or nozzle.
26
8.56.100 Drought Response Level 3 – Drought Emergency Condition.
27
28
9 10-1306
A. The City Council may by Resolution declare a Drought Emergency condition and
1
implement the Level 3 conservation measures set forth in this section on the grounds that overall
2
consumer demand reduction of more than twenty (20) percent is required because the ordinary
3
demands and requirements of water consumers cannot be satisfied without depleting water
4
supplies to the extent that there would be insufficient water for human consumption, sanitation,
5
and fire protection.
6
B. During a Drought Emergency condition all persons using water shall comply with Sections
7
8.56.070 (Water Conservation Requirements) and the following additional mandatory
8
conservation measures:
9
1. Irrigation and watering prohibition. No lawn or landscaping watering or irrigation
10
shall be allowed. This subsection shall not apply to the following, provided that watering days
11
and watering duration shall comply with Subsection B of Section 8.56.090:
12
a. Irrigation or watering using recycled water.
13
b. Irrigation necessary to establish new plantings of low water usage plants or
14
commercial nurseries.
15
c. Water efficient landscape irrigation systems using water efficient devices,
16
including but not limited to weather based controllers, drip/micro-irrigation systems with emitters
17
that emit no more than two (2) gallons per hour and stream rotor sprinklers that meet a seventy
18
(70) percent or greater efficiency standard.
19
d. Maintenance of trees and shrubs that are watered by using a bucket or other
20
watering container, hand-held hose equipped with positive action quick-release shutoff valve or
21
nozzle, or similar low-volume non-spray irrigation.
22
e. Maintenance of existing landscaping necessary for fire protection as specified by
23
the Fire Chief.
24
f. Maintenance of existing landscaping on slopes exceeding ten (10) percent for
25
erosion control.
26
g. Maintenance of landscaping within active public parks and playing fields, day care
27
center play areas, and school grounds.
28
10 10-1306
h. Public works projects.
1
i. Maintenance of plant materials identified to be rare, threatened or endangered or
2
essential to the health of documented rare, threatened or endangered animals.
3
2. Cleaning surfaces. Water shall not be used to wash, clean or clear any sidewalks,
4
walkways, patios, driveways, alleys, parking or similar areas, whether paved or unpaved; except
5
commercial or industrial establishments may use water broom, pressure washer or similar low
6
flow technology or water recycling systems when necessary to comply with health, safety, water
7
quality or other regulations verified by the approval authority. Pressure washers may be used to
8
clean surfaces in preparation for painting, construction, or occasional seasonal maintenance when
9
other methods are not practical.
10
3. Car Washing. Vehicles shall not be washed, except at commercial car wash facilities
11
that recycle water or use high pressure, low volume wash systems. Subject to Subsection E of
12
Section 8.56.070, this provision shall not apply to car washes held as fund raising activities for
13
bona fide community organizations, washing of garbage trucks, or washing of vehicles used to
14
transport food and perishables, and washing of other mobile equipment for which frequent
15
cleaning is essential for the protection of the public health, safety and welfare.
16
4. Ornamental Ponds and Lakes. Ornamental ponds or lakes if empty shall not be filled,
17
and if filled shall not be refilled or replenished.
18
5. Hotels and Motels: Mandatory Laundry Opt-Out.Hotels, motels, hostels, bed and
19
breakfasts and similar establishments shall not provide daily towel and linen laundering service to
20
customers, except upon a specific request.
21
8.56.110 Procedures for Declaration and Notification of Drought Response Level and
22
Additional Water Conservation Measures.
23
A. The City Council shall declare a Drought Response Level 1, 2 or 3 by Resolution in the
24
manner required by law and City procedures.
25
B. The City Council shall declare the end to any Drought Response Level by the adoption of a
26
Resolution in the manner required by law and City procedures.
27
28
11 10-1306
8.56.120 Exception.
1
A. An exception to any water conservation requirement of this Chapter may be granted or
2
conditionally granted in accordance with the following requirements.
3
1.Application. Any water user may file an application with the Community Development
4
Department for an exception from one or more water conservation measures on a form provided
5
by the City, including supporting documents and information demonstrating the grounds for the
6
requested exception, accompanied by a fee set by Resolution of the City Council.
7
2. Findings. The approving authority may approve, conditionally approve or deny an
8
application for an exception from water conservation measures. An application for an exception
9
shall be denied unless the approval authority finds, based on the information provided in the
10
application, supporting documents or such additional information as may be requested, all of the
11
following:
12
a. That, due to special circumstances applicable to the property or its use, the strict
13
application of this Ordinance would disproportionately impact the property or use when compared
14
to similar types of uses or properties; and
15
b. That other water conserving measures to substantially off-set the proposed water use
16
have been or will be employed as a condition of the approval, or the lack of such measures will
17
not materially affect the ability of the City to achieve the purposes of this Chapter; and
18
c. That the exception does not constitute a grant of special privilege inconsistent with
19
the limitations upon other residents and businesses.
20
3.Approval authority. The approval authority shall act upon any application no later than
21
ten (10) days after receipt of a complete application, and may approve, conditionally approve, or
22
deny the exception. The applicant requesting the exception shall be promptly notified in writing
23
of any action taken. Unless otherwise specified at the time an exception is approved, the
24
exception shall only apply during the period of the specific circumstances from which an
25
exception is requested.
26
4. Appeals. An applicant may appeal the approval authority's decision, or any conditions
27
placed on the approval, to the City Council within ten (10) days of the date of decision. A written
28
12 10-1306
request shall be submitted to the City Clerk stating the grounds for the appeal accompanied by a
1
fee adopted by Resolution of the City Council. The City Council shall review the appeal at the
2
next available meeting that the item may be heard.
3
8.56.130Penalties and Remedies. Violations of the provisions of this Chapter are subject to
4
the administrative penalty provisions of Chapter 1.10.
5
SECTION 2.Subsection A of Section 1.10.040 of Title 1, Chapter 1.10 of the Hermosa
6
Beach Municipal Code is amended by amending item 14 and adding new items 16 and 17, to read
7
as follows:
8
14. Sections 16.16.070 and 16.16.080: Grease Recovery Systems
9
16. Chapter 8.56: Water Conservation and Drought Management Plan
10
17. Chapter 8.60: Water Efficient Landscape
11
12
SECTION 3. Section 15061(b)(3) of Title 14 of the California Code of Regulations exempts
13
the Ordinance from the requirements of the California Environmental Quality Act because it
14
prohibits water wasting within an urban environment and institutes behavioral practices that are
15
themselves not within the definition of a 'project' under CEQA, institutes restrictions on water use
16
in times of drought, and it complements and reinforces restrictions on the introduction of
17
pollutants into the municipal storm water system. Therefore, it can be seen with certainty that
18
there is no possibility that this Ordinance will cause a direct physical change in the environment,
19
and therefore the adoption of this Ordinance is not considered a project per §21065 of CEQA.
20
Consequently, it is categorically exempt in accordance with CEQA Guidelines §15308 as an
21
action taken by a regulatory agency as authorized by California law to assure maintenance or
22
protection of the environment and §15307 as an action taken by a regulatory agency to assure
23
maintenance of water, a natural resource.
24
SECTION 4. This Ordinance shall become effective and be in full force and in effect
25
26 from and after thirty (30) days of its final passage and adoption.
27
28
13 10-1306
ORDINANCE NO. 10-1305
1
2
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
ADDING TITLE 8, CHAPTER 8.60 WATER EFFICIENTLANDSCAPING
3
TO THE HERMOSA BEACH MUNICIPAL CODE
4
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
5
DOES ORDAIN AS FOLLOWS:
6
SECTION 1: Title 8, Chapter 8.60 of the Hermosa Beach Municipal Code, commencing
7
with Section 8.60.010 is hereby added to read as follows:
8
Chapter 8.60
9
WATER EFFICIENT LANDSCAPING
10
Sections:
11
8.60.010 Title.
12
8.60.020 Purpose.
13
8.60.030 Applicability.
14
8.60.040 Definitions.
15
8.60.050 Procedures.
16
8.60.060 Standards for New Landscape.
17
8.60.070 Standards for Small Landscape Areas.
18
8.60.080 Existing Landscapes—Exceeding One Acre in Size.
19
8.60.090 Penalties and Remedies.
20
21
8.60.010Title.
22
This Chapter shall be known as the “City of Hermosa Beach Water Efficient Landscaping
23
Ordinance.”
24
8.60.020 Purpose.
25
It is the policy of the State of California and City of Hermosa Beach to promote water
26
conservation. The standards detailed in this Chapter are intended to promote the selection,
27
28
1 10-1305
planting and maintenance of landscaping that is water efficient and water conserving, while
1
allowing flexibility in designing healthy, attractive and cost-effective landscapes.
2
8.60.030 Applicability.
3
A. This Chapter is intended to implement, and shall be construed in a manner that is
4
consistent with the Model Water Efficient Landscape Ordinance in Chapter 2.7 of Division 2 of
5
Title 23 (Waters) of the California Code of Regulations, and any amendment thereto. "Consistent
6
with" may also include more restrictive water conservation or water use efficiency measures.
7
B. This Chapter shall apply to all of the following within the City of Hermosa Beach:
8
1. "New construction" and "rehabilitated landscapes" for public and private
9
development projects with a landscape area equal to or greater than 2,500 square feet, requiring a
10
building permit, plan check, design review, or precise development plan.
11
2. ”Small landscape areas" less than 2,500 square feet, excluding plantings in pots or
12
moveable planters, in connection with a building permit, plan check, design review, or precise
13
development plan, subject to Section 8.60.070.
14
3. Existing landscapes exceeding one (1) acre in size, subject to Section 8.60.080.
15
C. This Chapter shall not apply to registered local, state or federal historical sites, botanical
16
gardens open to the public, or any other special types of landscape projects that are exempt under
17
the state Model Efficient Landscape Ordinance.
18
D. The City shall provide information to all owners of new single family residential homes
19
regarding the design, installation, management and maintenance of water efficient landscapes.
20
E. The City may collaborate with another agency, such as a water purveyor, to implement
21
some or all of the requirements contained in this Ordinance.
22
F. This Chapter shall be applied in conjunction with the water conservation requirements of
23
Chapter 8.56. Where conflicts in language may exist between this Chapter and Chapter 8.56 or
24
any other provision of the Municipal Code, the language that requires the greater water
25
conservation shall prevail.
26
8.60.040 Definitions.
27
28
2 10-1305
The terms in this Chapter shall be broadly construed to achieve the purposes of this Chapter and
1
may be supplemented by definitions and information in the Model Efficient Landscape Ordinance.
2
"Certificate of Completion" means the information and certifications that the landscape project
3
has been installed and will operate in compliance with the approved Landscape Documentation
4
Package as detailed in Section 492.2 of the Model Water Efficient Landscape Ordinance, and as
5
more specifically provided in this Chapter.
6
“Discretionary planning entitlement" means a land use permit or approval granted by the
7
Planning Commission necessary to proceed with development pursuant to Title 17 (Zoning).
8
"Evapotranspiration" (ET) means the quantity of water evaporated from adjacent soil and other
9
surfaces and transpired by plants during a specified time.
10
"ETo" or "reference evapotranspiration" means a standard measurement of environmental
11
parameters that affect the water use of plants expressed in inches per day, month or year.
12
Calculation of the 'Maximum Applied Water Allowance' and 'Estimated Total Water Use' shall use
13
the ETo values for Redondo Beach in Appendix A of the Model Water Efficient Landscape
14
Ordinance as follows:
15
CITYJANFEBMARAPRMAYJUNJULAUGSEPOCTNOVDECANNUAL
16
17 Redondo2.22.43.33.84.54.75.44.84.42.82.42.042.6
18 Beach
19
"ET adjustment factor" (ETAF) means a factor of 0.7 (0.7 or more but less than 0.8) that, when
20
applied to ETo, adjusts for plant factors and irrigation efficiency.
21
"Homeowner-provided or homeowner-hired landscaping” means that landscaping installed for
22
a single-family dwelling by a private individual or a licensed contractor, regardless whether for
23
the owner or the occupant. Such landscape shall be regulated in the same manner as new
24
construction or rehabilitated landscape, as applicable to the situation.
25
“Hydrozone” means a portion of the landscape area having plants with similar water needs. A
26
hydrozone may be irrigated or non-irrigated.
27
"Landscape area" means the total area of the landscape project (planting areas, turf areas, and
28
water features) in a landscape design plan that is subject to the "Maximum Applied Water
3 10-1305
Allowance" calculation. Landscape area includes "new construction landscape" and "rehabilitated
1
landscape." Landscape area does not include footprints of buildings or structures, sidewalks,
2
driveways, parking lots, decks, patios, gravel or stone walks, other pervious or impervious
3
hardscapes, and other non-irrigated areas designated for non-development (e.g., open spaces and
4
existing native vegetation).
5
"Landscape irrigation system" means an irrigation system with pipes, hoses, spray heads, or
6
sprinkling devices that is operated by through an automated system.
7
"Landscape Documentation Package” means the project information, water efficient landscape
8
worksheet, soil management report, landscape plan, irrigation plan and grading plan, prepared by
9
the professionals and containing the information and certifications set forth in Sections 492.3
10
through 492.8 of the Model Water Efficient Landscape Ordinance, and as more specifically
11
provided in this Chapter.
12
"Maximum applied water allowance" (MAWA) is the formula set forth below used to arrive at
13
the annual water budget calculation and as further described in the Model Water Efficient
14
Landscape Ordinance:
15
MAWA = (ETo) (0.62) \[(0.7 x LA) + (0.3 x SLA)\]
16
MAWA = Maximum Applied Water Allowance (gallons per year)
17
Eto = Reference Evapotranspiration (42.6 inches per year)
18
0.7 = ET Adjustment Factor (ETAF)
19
LA = Landscape Area including Special Landscape Area (square feet)
20
0.62 = Conversion factor (to gallons per square foot)
21
SLA = Special Landscape Area (square feet)
22
0.3 = ET Adjustment Factor for Special Landscape Area
23
"Model Water Efficient Landscape Ordinance" means the regulations adopted by the State of
24
California in Chapter 2.7 of Division 2 of Title 23 (Waters) of the California Code of Regulations.
25
"New landscape" means "new construction" and "rehabilitated landscape".
26
27
28
4 10-1305
"New construction" means, subject to the exclusions in Section 8.60.030, a new building with a
1
new landscape area or other new landscape area such as a park, playground or greenbelt without
2
an associated building, equal to or greater than 2,500 square feet.
3
"Plant factor" means a factor that, when multiplied by the ETo, estimates the quantity of
4
irrigation water thought to be necessary to maintain plant health within the City. The plant factor
5
range is 0 to 0.3 for low water use plants, 0.4 to 0.6 for moderate water use plant, and 0.7 to 1.0
6
for high water use plants. Plant factors are defined and listed in the "Water Use Classifications of
7
Landscape Species" ("WUCOLS") or equivalent documentation for plants not listed therein.
8
"Rehabilitated landscape” means, subject to the exclusions in Section 8.60.030, any re-
9
landscaping project when the modified landscape area is equal to or greater than 2,500 square feet,
10
and is fifty (50) percent or more of the total landscape area, and the modifications are completed
11
within one (1) year. Includes developer, owner, occupant, or homeowner hired or installed
12
landscaping.
13
"Reference evapotranspiration" See "ETo."
14
"Turf" means a groundcover surface of grass with an irrigation water need of greater than thirty
15
(30) percent of the ETo.
16
"Small landscape areas" means the new construction or rehabilitated landscape of less than
17
2,500 square feet, excluding plantings in pots or moveable planters, subject to the exclusions in
18
Section 8.60.070.
19
"Special landscape area" (SLA) means an area of the landscape dedicated permanently and
20
solely to edible plants (such as orchards or gardens), areas irrigated with recycled water, water
21
features using recycled water, and areas dedicated to active play (such as parks, sports fields, golf
22
courses) where turf provides a playing surface.
23
"Water budget calculation." See "maximum applied water allowance."
24
"Water conserving plants" means species with a low plant factor. May also be referred to as
25
water efficient or water wise plants.
26
"Weather based irrigation controller" means a device that automatically adjusts the irrigation
27
schedule based on changes in the weather.
28
5 10-1305
"Water Efficient Landscape Worksheet" means the worksheets required by Section 492.4 of
1
the Model Water Efficient Landscape Ordinance.
2
"Water Use Classification of Landscape Species" ("WUCOLS”), University of California,
3
Cooperative Extension, current edition, applicable to the City of Hermosa Beach, California..
4
8.60.050 Procedures.
5
This Chapter shall be implemented through the Landscape Documentation Package application
6
process. The Planning Commission may impose additional measures or conditions on the approval
7
of applications for discretionary planning entitlements to further the purposes of this Chapter.
8
A.Application submittal. Prior to issuance of a building or related construction permit, the
9
applicant shall submit a Landscape Documentation Package on forms supplied by the Community
10
Development Department accompanied by a fee set by resolution of the City Council. The
11
Package shall include:
12
1. A landscape design plan prepared by a licensed landscape architect, licensed landscape
13
contractor, or any other person authorized to design a landscape in accordance with the provisions
14
of the California Business and Professions Code Section 5641 et seq. relating to the practice of
15
landscape architecture, and shall comply with all of the requirements of and contain the
16
certification of compliance set forth in Section 492.6 of the Model Efficient Landscape Ordinance.
17
2. An irrigation design plan prepared by a licensed landscape architect, certified irrigation
18
designer, licensed landscape contractor, or any other person authorized to design an irrigation
19
system in accordance with the provisions of the California Business and Professions Code Section
20
5641 et seq. relating to design of irrigation systems, and shall comply with all of the requirements
21
of and contain the certification of compliance set forth in Section 492.7 of the Model Efficient
22
Landscape Ordinance.
23
3. A grading design plan prepared by a licensed civil engineer or other qualified
24
professional as authorized by law, and shall comply with all of the requirements of and contain the
25
certification of compliance set forth in Section 492.8 of the Model Efficient Landscape Ordinance.
26
4. A soils management plan completed by the applicant or his/her designee shall comply
27
with all of the requirements of Section 492.5 of the Model Efficient Landscape Ordinance.
28
6 10-1305
5. A Water Efficient Landscape Worksheet prepared by the applicant or his/her designee
1
that complies with all of the requirements of Section 492.4 of the Model Efficient Landscape
2
Ordinance.
3
B.Application review. The Community Development Director or his or her designee shall
4
review the Landscape Documentation Package for compliance with this Chapter and approve,
5
approve with conditions, or deny the application if the Director determines that the submittal does
6
not comply with the requirements of this Chapter. Plans, worksheets, and related documents
7
required by this Chapter and the construction permit process shall be modified consistent with
8
approval of the Landscape Documentation Package.
9
C.Compliance verification.
10
1. Prior to a request for final landscape or final occupancy inspection, the preparer of the
11
landscape design plan or irrigation design plan or the licensed landscape contractor shall inspect
12
the installation and submit a Certificate of Completion certifying that the installation substantially
13
conforms to the approved Landscape Documentation Package or modifications thereto approved
14
by the City and documented on As-Built plans.
15
2. No building or other equivalent construction permit shall be issued unless and until the
16
Certificate of Completion required by Subsection (C)(1) of this Section has been included on the
17
final landscape plan submitted for plan check approval.
18
3. No building or other equivalent construction permit shall be given a final landscape
19
inspection or issued a permanent Certificate of Occupancy until the Community Development
20
Department approves the Certificate of Completion. Upon a decision to deny the Certificate of
21
Completion, the applicant may modify and resubmit the application, apply for an exception from
22
standards, or appeal the decision.
23
D.Exceptions from standards.
24
1. Requests for exceptions shall be in writing and shall be submitted to the Community
25
Development Director at the time the application is submitted to the City for review, or within a
26
reasonable amount of time after the applicant determines or is informed that compliance with a
27
requirement in this Chapter is infeasible. Requests for exceptions must be accompanied by
28
7 10-1305
documentary evidence supporting the finding of equivalent or greater water conservation
1
accompanied by a fee set by resolution of the City Council.
2
2. Exceptions to the standards set forth in Section 8.60.060 may be approved or
3
conditionally approved by the Community Development Director or by the Planning Commission
4
as part of the approval of a discretionary planning entitlement, upon making a finding based on
5
substantial evidence that the exception will provide equivalent or greater water conservation than
6
would be otherwise achieved by applying the standard.
7
E. Appeals. The decision of the Community Development Director may be appealed to
8
the Planning Commission, and a decision of the Planning Commission may be appealed to the
9
City Council, within ten (10) days of the decision. A written request shall be submitted to the City
10
Clerk stating the grounds for the appeal accompanied by a fee adopted by resolution of the City
11
Council. The City Council shall review the appeal at the next meeting that the item may be heard.
12
8.60.060 Standards for New Landscape.
13
“New landscape" as defined in Section 8.60.040 shall be designed and managed to use the
14
minimum amount of water required to maintain plant health. New landscape shall comply with all
15
of the requirements in Sections 492.6 through 492.15 of the Model Efficient Ordinance and the
16
following, whichever is more restrictive, unless an exception is granted pursuant to Section
17
8.60.050(D).
18
A.Plant material.
19
1. Plant species and landscape design shall be adapted to the climate, soils, topographical
20
conditions, and shall be able to withstand exposure to localized urban conditions such as
21
pavement heat radiation, vehicle emissions and dust, and urban runoff. Water conserving plant
22
and turf species shall be used.
23
2. Plant species or specifications shall comply with any official list of species, guidelines
24
or regulations adopted by the City to the extent that such lists, guidelines or regulations do not
25
conflict with this Chapter.
26
` 3. `Plants listed in the current Invasive Plant Inventory for the southwest region by the
27
California Invasive Plant Council or similar source acceptable the Community Development
28
8 10-1305
Director are prohibited, except for known non-fruiting, non-invasive, sterile varieties or cultivars.
1
Plants known to be susceptible to disease or pests in this Climate Zone six (6) shall not be used.
2
4. The landscape area of projects proposing exclusively commercial or industrial uses
3
shall be designed using exclusively water conserving plants. Single family residential, multi-
4
family residential, mixed use and institutional use projects shall be designed with not more than
5
twenty (20) percent of the total landscaped area in turf or high water use plants in the Water Use
6
Classification for Landscape Species (WUCOLS). Turf may be used as a bio-swale or bio-filter
7
or for functional purposes such as active recreational areas as determined by the Community
8
Development Director. Public agencies shall be exempt from this requirement.
9
5. Turf shall not be allowed on slopes greater than twenty (20) percent. Where the toe of
10
the slope is adjacent to an impermeable surface, alternatives to turf should be considered on slopes
11
exceeding twenty (20) percent, meaning one (1) foot of vertical elevation change for every five (5)
12
feet of horizontal length. Approved turf areas may be watered at 1.0 of the reference
13
evapotranspiration (ETo).
14
6. Planted areas shall be covered with a minimum of two (2) inches of organic mulch,
15
except in areas covered by groundcovers or within twenty-four (24) inches of the base of a tree, or
16
where a reduced application is indicated. Additional mulch material shall be added from time to
17
time as necessary to maintain the required depth of mulch.
18
7. Species and landscape design shall complement and to the extent feasible in
19
compliance with this Chapter be proportional to the surroundings and streetscape and incorporate
20
deciduous trees to shade west and south exposures. Landscaping shall not interfere with safe sight
21
distances for vehicular traffic, the vision clearance in Section 17.46.060, height restrictions for
22
hedges in 17.46.130, pedestrian or bicycle ways, or overhead utility lines or lighting.
23
B.Water features, pools and spas.
24
1. Recirculating water systems shall be used for water features. Where available, recycled
25
water shall be used as a source for decorative water features.
26
2. Pools and spas shall be equipped with a cover and covered overnight and daily when
27
use is concluded.
28
9 10-1305
C.Grading and runoff. Landscape design shall minimize soil erosion and runoff.
1
1. Grading plans shall avoid disruption of natural drainage patterns to the extent feasible.
2
2. Grading plans shall demonstrate that normal rainfall and irrigation will remain within
3
the property lines and not drain onto impermeable surfaces, walkways, sidewalks, streets, alleys,
4
gutters, or storm drains.
5
3. Plans and construction shall protect against soil compaction within landscape areas.
6
4. Stormwater best management practices to minimize runoff, to increase on-site retention
7
and infiltration, and control pollutants shall be incorporated into project plans. Rain gardens,
8
cisterns, swales, structural soil, permeable pavement, connected landscape areas, and other
9
landscape features and practices that increase onsite rainwater capture, storage and infiltration,
10
emphasizing natural approaches over technology-based approaches that require ongoing
11
maintenance, shall be considered during project design. Plans and practices shall comply with
12
Chapter 8.44.
13
D.Irrigation systems.
14
1. An automatic irrigation system using either evapotranspiration or soil moisture sensor
15
data, with a rain shut-off sensor, shall be installed. Drip irrigation emitters shall emit no more
16
than two (2) gallons per hour.
17
2. An average landscape irrigation efficiency of 0.71 shall be used for the purpose of
18
determining Maximum Applied Water Allowance. Irrigation systems shall be designed,
19
maintained, and managed to meet or exceed this efficiency. Landscapes using recycled water are
20
considered Special Landscape Areas, where the ET Adjustment Factor shall not exceed 1.0.
21
3. The irrigation system shall be designed to prevent water waste resulting in runoff,
22
overspray, or similar conditions where irrigation water ponds or flows onto non-irrigated areas,
23
walkways, sidewalks, streets, alleys, gutters, storm drains, adjacent property, or similar untargeted
24
areas. Runoff to other permeable or impermeable surfaces shall not be allowed.
25
4. Narrow or irregularly shaped areas, including turf less than eight (8) feet in width in
26
any direction, shall be irrigated with subsurface irrigation or low volume above-ground irrigation
27
system.
28
10 10-1305
5. Overhead irrigation shall not be permitted within two (2) feet of any impermeable
1
surface. Drip, drip line, or other low flow non-spray technology shall be used.
2
6. All sprinklers shall have matched precipitation rates within each valve and circuit. All
3
irrigation systems shall be designed to include optimum distribution uniformity, head to head
4
spacing, and setbacks from sidewalks, pavement and impermeable surfaces.
5
7. All irrigation systems shall provide backflow prevention devices in accordance with the
6
current edition of the California Building/Plumbing Code and check valves at the low end of
7
irrigation lines to prevent unwanted draining of irrigation lines. Pressure regulators may be
8
required if the pressure at the sprinkler head exceeds the manufacturer’s recommended optimal
9
operating pressure.
10
8. Reclaimed water and graywater irrigation systems shall be used when reasonably
11
feasible and shall conform to the current edition of the California Building/Plumbing Code, and
12
all other applicable local, state and federal laws.
13
E.Irrigation system hydrozones.
14
1. The irrigation system shall conform to the hydrozones of the landscape design plan.
15
2. Each hydrozone shall have plant materials with similar water use, with the exception of
16
hydrozones with plants of mixed water use where the plant factor of the higher water using plant
17
is used for calculations. No hydrozone shall mix high and low water use plants.
18
3. Sprinkler heads and other emission devices shall be appropriate for the plant type
19
within that hydrozone. Where feasible, trees shall be placed on separate valves from turf, shrubs
20
and groundcovers.
21
4. No landscape plan or restriction of any type, including those applicable to common
22
interest developments such as condominiums, shall prohibit or include conditions that have the
23
effect of prohibiting native or water conserving plants.
24
F.Landscape and irrigation maintenance.
25
1. All landscape and related elements shall be designed and properly maintained to insure
26
long-term health and shall maintain conformance with the requirements of this Chapter.
27
2. Irrigation scheduling shall be regulated by automatic irrigation controllers.
28
11 10-1305
3. Watering hours and duration shall be scheduled compliant with the requirements of
1
Chapter 8.56.
2
4. A regular maintenance schedule shall include, but not be limited to, routine inspection,
3
adjustment and repair of the irrigation system, aerating and dethatching turf areas, replenishing
4
mulch, fertilizing, pruning, weeding and removing any obstruction to emission devices.
5
5. Repair of all irrigation equipment shall be promptly undertaken, using the originally
6
installed components, or equivalent or enhanced components compatible with the irrigation
7
system.
8
6. Landscape areas shall be permanently maintained and kept free of weeds, debris and
9
litter; plant materials shall be maintained in a healthy growing condition and diseased or dead
10
plant materials shall be replaced, in kind, pursuant to the approved plans within thirty (30) days.
11
Alternatively, diseased or dead plant materials may be replaced with plant materials that have low
12
water needs, as rated in the current edition of the Water Use Classification of Landscape Species.
13
7. The use, storage and disposal of all landscape and lawn care products shall comply with
14
all manufacturer’s specifications and applicable laws, and minimize the discharge of pollutants to
15
the environment.
16
G. Notwithstanding the requirements of this Section, landscape design and maintenance shall
17
additionally comply with the requirements of Chapters 8.44 and 8.56, Title 17 (Zoning), any other
18
applicable provisions of this code, and the requirements of a development permit, whichever is
19
more restrictive.
20
8.60.070 Standards for Small Landscape Areas.
21
"Small landscape areas" as defined in Section 8.60.040 are subject to the provisions in this Section
22
and are otherwise exempt from this Chapter
23
A.Procedures. Prior to issuance of a permit for construction, the applicant shall provide
24
information substantiating compliance with this section to the satisfaction of the Community
25
Development Director. The Planning Commission may impose additional measures or conditions
26
on discretionary planning entitlements to further the purposes of this Chapter. No building or
27
other equivalent construction permit shall be issued a permanent Certificate of Occupancy until
28
12 10-1305
the Community Development Director determines the project complies with the standards in this
1
section. In the case of any decision to deny a permit issuance or certificate of occupancy, the
2
applicant may modify and resubmit the application, apply for an exception from standards, or
3
appeal the decision in accordance with Subsections D or E of Section 8.60.050.
4
B.Standards. Small landscape areas shall comply with the following standards. Provisions
5
that are encouraged but not required are indicated with words such as 'should.'
6
1. Plant species and landscape design shall be adapted to the climate, soils, topographical
7
conditions, and shall be able to withstand exposure to localized urban conditions such as
8
pavement heat radiation, vehicle emissions and dust, and urban runoff. Water conserving plant
9
and turf species shall be used. Where practical, such as in areas exceeding four hundred (400)
10
square feet of contiguous landscape, plantings should be arranged by hydrozones.
11
2. Plant species or specifications shall comply with any official list of species, guidelines
12
or regulations adopted by the City to the extent that such lists, guidelines or regulations do not
13
conflict with this Chapter.
14
3. Plants listed in the current Invasive Plant Inventory for the southwest region by the
15
California Invasive Plant Council or similar recognized authority acceptable to the Community
16
Development Director are prohibited, except for known non-fruiting, non-invasive, sterile
17
varieties or cultivars. Plants known to be susceptible to disease or pests in this Climate Zone six
18
(6) should not be planted.
19
4. The landscape area of projects proposing exclusively commercial, industrial or
20
institutional uses shall be designed using exclusively water conserving plants. Turf may be used
21
as a bio-swale or bio-filter or for functional purposes such as active recreational areas as
22
determined by the Community Development Director. Turf shall not be allowed on slopes greater
23
than twenty (20) percent. Deciduous trees should be used to shade west and south exposures.
24
5. Planted areas shall be covered with a minimum of two (2) inches of organic mulch,
25
except in areas covered by groundcovers or within twenty-four (24) inches of the base of a tree, or
26
where a reduced application is indicated. Additional mulch material shall be added from time to
27
time as necessary to maintain the required depth of mulch.
28
13 10-1305
6. Landscaping shall not interfere with safe sight distances for vehicular traffic, the vision
1
clearance in Section 17.46.060, height restrictions for hedges in 17.46.130, pedestrian or bicycle
2
ways, or overhead utility lines or lighting.
3
7. Plans and construction shall protect against soil compaction within landscape areas.
4
Stormwater best management practices to minimize runoff, to increase on-site retention and
5
infiltration, and control pollutants shall be incorporated into project plans. Rain gardens, cisterns,
6
swales, structural soil, permeable pavement, connected landscape areas, and other landscape
7
features and practices that increase onsite rainwater capture, storage and infiltration, emphasizing
8
natural approaches over technology-based approaches, should be considered during project
9
design. No plan or practice shall conflict with Chapter 8.44.
10
8. No landscape plan or restriction of any type, including those applicable to common
11
interest developments such as condominiums, shall prohibit or include conditions that have the
12
effect of prohibiting native or water conserving plants.
13
9. When irrigation systems are installed, an automatic irrigation system using either
14
evapotranspiration or soil moisture sensor data, with a rain shut-off sensor, shall be installed.
15
Drip irrigation emitters shall emit no more than two (2) gallons per hour. Watering hours and
16
duration shall be compliant with the requirements of Chapter 8.56.
17
10. All irrigation systems shall be designed to prevent water waste resulting in runoff,
18
overspray, or similar conditions where irrigation water ponds or flows onto non-irrigated areas,
19
sidewalks, walkways, streets, alleys, storm drains, adjacent property, or similar untargeted areas.
20
Runoff to other permeable or impermeable surfaces shall not be allowed.
21
11. All landscape and related elements shall be properly maintained to insure long-term
22
health and shall additionally comply with the requirements of Chapters 8.44 and 8.56, Title 17,
23
any other applicable provisions of this code, and the requirements of a development permit,
24
whichever is more restrictive. The use, storage and disposal of all lawn and landscape care
25
products shall comply with all manufacturer specifications and applicable laws, and minimize the
26
discharge of pollutants to the environment.
27
8.60.080 Existing Landscapes—Exceeding One Acre in Size.
28
14 10-1305
Existing landscapes installed before January 1, 2010 exceeding one (1) acre in size per site shall
1
comply only with the provisions in this Section and are otherwise exempt from this Chapter.
2
“Site” means all contiguous property under one ownership, regardless whether separated by public
3
rights-of-way.
4
A. No irrigation system shall result in water waste due to leaks or runoff, overspray, or
5
similar conditions where irrigation water flows onto walkways, sidewalks, streets, alleys, storm
6
drains, adjacent property, or similar untargeted areas.
7
B. Landscape design and maintenance shall additionally comply with the requirements of
8
Chapters 8.44 and 8.56, Title 17 (Zoning), any other applicable provisions of this code, and the
9
requirements of a development permit, whichever is more restrictive.
10
C. The City shall administer programs that may include, but are not limited to, irrigation
11
water use analyses, irrigation surveys, and irrigation audits to evaluate water use, and provision of
12
recommendations as necessary to reduce landscape water use to a level that does not exceed a
13
Maximum Applied Water Allowance calculated as: MAWA = (0.8) (ETo)(LA)(0.62). Programs
14
for landscapes without a water meter may include, but are not limited to, irrigation surveys and
15
irrigation audits to evaluate water use and provide recommendations as necessary in order to
16
prevent water waste. All landscape irrigation audits shall be conducted by a certified landscape
17
irrigation auditor.
18
8.60.090Penalties and Remedies.
19
Violations of the provisions of this Chapter are subject to the administrative penalty provisions of
20
Chapter 1.10.
21
SECTION 2: The City Council finds that the water efficient landscape Ordinance is at
22
least as effective in conserving water as the California Department of Water Resource’s updated
23
Model Water Efficient Landscape Ordinance as follows:
24
A. The Ordinance is applicable to all new or altered development, including lower thresholds
25
for development applicable to homeowner hired or installed landscaping, and a basic set of
26
standards applicable to all landscaping regardless of landscape area.
27
28
15 10-1305
B. Under the Ordinance, landscaping shall be designed and irrigated so not to exceed 70% of
1
the local evapotranspiration rate (ETo) established by the State for the City of Redondo Beach,
2
California, and surrounding areas of Los Angeles County.
3
C. Under the Ordinance, landscape areas for commercial and industrial projects must use
4
fully water conserving plants without turf, with only minor exceptions.
5
D. Under the Ordinance, landscape areas for residential, mixed use, and institutional type
6
projects shall be designed with less than 20% turf and non-water conserving plant materials.
7
E. Under the Ordinance, automatic irrigation systems shall be designed to avoid overspray
8
and runoff with optimum distribution uniformity and setbacks from hardscape, and shall employ a
9
weather-based irrigation controller with a rain shut off sensor and check values at the end of each
10
line to hold water in the system and prevent unwanted drainage from sprinkler heads.
11
F. Exceptions to the Ordinance standards are allowed only upon a finding that alternative
12
design will promote equivalent or greater water conservation.
13
G. Under the Ordinance, installation and compliance verifications are required of the
14
landscape designer.
15
H. Under the Ordinance, the maximum annual applied water allowance calculation matches
16
the California Department of Water Resource’s formula in its Model Water Efficient Landscape
17
Ordinance.
18
I. Under the Ordinance, the identification of water conserving plants matches that used by
19
the California Department of Water Resource’s in its Model Water Efficient Landscape
20
Ordinance; namely the “Water Use Classification of Landscape Species” prepared by the
21
University of California Cooperative Extension.
22
SECTION 3. Section 15061(b)(3) of Title 14 of the California Code of Regulations
23
exempts the project from the requirements of the California Environmental Quality Act because it
24
enacts water efficient regulations that are applicable to new or altered landscape projects subject
25
to project specific discretionary review. Therefore, it can be seen with certainty that there is no
26
possibility that this Ordinance will cause a direct physical change in the environment in that
27
reducing water waste and requiring water conservation and healthy landscapes that emphasize
28
16 10-1305
Tentative Future Agenda
PLANNING COMMISSION
City of Hermosa Beach
Project Title StaffPublicMeeting DateRemarks
Notice DateRec’d
4/84/202/17
Text amendment to the Municipal Code by making minor
changes to Title 17 (Zoning) for clarity, internal
consistency, correctness, and cross-referencing; to
incorporate policy interpretations; to add lighting and
screening roof element regulations; and to amend permitting
procedures; and to amend other Titles for consistency
(cont’d from 2/16/10 P.C.)
4/203/11
Options for encouraging a vibrant pedestrian environment
along Upper Pier Avenue (type, mix and arrangement of
uses, etc.)
9b
Easy Reader
DISPLAY
Run Date: March 4, 2010
Acct: 7010-2110
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Hermosa Beach shall hold a public
hearing on Tuesday, March 16, 2010, to consider the following:
1. Parking Plan to allow less than required parking, more than 30% compact size parking spaces, and
shared onsite parking in connection with a 2,572 square foot expansion of an existing retail business (E.T.
Surf) into space to be vacated by a portion of the automotive businesses at 900-904 Aviation Boulevard.
Parking will also be shared with businesses at 908-950 Aviation Boulevard.
SAID PUBLIC HEARING shall be held at 7:00 P.M., or as soon thereafter as the matter may be heardin the
City Council Chambers, City Hall, 1315 Valley Drive, Hermosa Beach, CA 90254.
ANY AND ALL PERSONS interested are invited to participate and speak at this hearing at the above time and
place. For inclusion in the agenda packet to be distributed, written comments of interested parties should be
submitted to the Community Development Department, Planning Division, in care of City Hall at 1315 Valley
Drive, Hermosa Beach, CA 90254 prior to Thursday, March 11, 2010, at 12:00 noon. All written testimony by
any interested party will be accepted prior to or at the scheduled time on the agenda for the matter.
IFYOU CHALLENGE the above matter(s) in court, you may be limited to raising only those issues you or
someone else raised at the public hearing described in this notice, or in written correspondence delivered to
the Community Development Department, Planning Division, at, or prior to, the public hearing.
FOR FURTHER INFORMATION, please contact the Community Development Department, Planning Division,
at (310) 318-0242 or fax to (310) 937-6235. The Department is open from 7:00 a.m. to 6:00 p.m. Monday
through Thursday. Please contact a staff planner to discuss any project on the Planning Commission agenda.
A copy of the staff report(s) in the Planning Commission packet will be available for public review at the end of
the business day on Thursday, March 11, 2010, at the Hermosa Beach Police Department, Public Library, and,
on the City’s web site at www.hermosabch.org. Relevant Municipal Code sections are also available on the
web site.
Ken Robertson, Director
Community Development Department
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