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HomeMy WebLinkAbout2024-05-21Tuesday, May 21, 2024 7:00 PM City of Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Council Chambers Planning Commission Chair Peter Hoffman Vice Chair Marie Rice Commissioners David Pedersen Kate Hirsh Stephen Izant Regular Meeting Agenda Executive Team Angela Crespi, Deputy City Manager Viki Copeland, Finance Director Myra Maravilla, City Clerk Paul LeBaron, Chief of Police Joe SanClemente, Public Works Director Carrie Tai, Community Development Director Vanessa Godinez, Human Resources Manager Lisa Nichols, Community Resources Manager City Treasurer Karen Nowicki City Attorney Patrick Donegan Suja Lowenthal, City Manager 1 May 21, 2024Planning Commission Regular Meeting Agenda PUBLIC MEETING VIEWING OPTIONS Hermosa Beach Planning Commission meetings are open to the public and are being held in person in the City Hall Council Chambers located at 1315 Valley Drive, Hermosa Beach, CA 90254. Public comment is only guaranteed to be taken in person at City Hall during the meeting or prior to the meeting by submitting an eComment for an item on the agenda. As a courtesy only, the public may view and participate on action items listed on the agenda via the following: * ZOOM - https://us02web.zoom.us/j/82539742028?pwd=OUNTRDNvd2l6TzBpTDljc2x6bGFwdz09 Meeting ID: 825 3974 2028, then #; Passcode: 207860 * PHONE - Toll Free: (833) 548 0276 Meeting ID: 825 3974 2028, then #; Passcode: 207860 Please be advised that while the City will endeavor to ensure these remote participation methods are available, the City does not guarantee that they will be technically feasible or work all the time. Further, the City reserves the right to terminate these remote participation methods (subject to Brown Act restrictions) at any time and for whatever reason. Please attend in person or by submitting an eComment to ensure your public participation. Similarly, as a courtesy, the City will also plan to broadcast the meeting via the following listed mediums. However, these are done as a courtesy only and are not guaranteed to be technically feasible. Thus, in order to guarantee live time viewing and/or public participation, members of the public shall attend in Council Chambers. * CABLE TV - Spectrum Channel 8 and Frontier Channel 31 in Hermosa Beach * YOUTUBE - https://www.youtube.com/c/CityofHermosaBeach90254 * LIVE STREAM - www.hermosabeach.gov and visit the Agendas/Minutes/Videos page If you experience technical difficulties while viewing a meeting on any of our digital platforms, please try another viewing option. View staff reports and attachments at www.hermosabeach.gov and visit the Agendas/Minutes/Video page. Council Chambers WiFi Network ID: CHB Guest Password: chbguest To comply with the Americans with Disabilities Act of 1990, Assistive Listening Devices (ALD) are available for check out at the meeting. If you require special assistance to participate in this meeting, you must call or submit your request in writing to the Office of the City Clerk at (310) 318-0204 or at cityclerk@hermosabeach.gov at least 48 hours before the meeting. Submit Supplemental eComments Page 2 City of Hermosa Beach Printed on 6/6/2024 2 May 21, 2024Planning Commission Regular Meeting Agenda Submit an eComment via Speak Up Hermosa at hermosabeach.granicusideas.com by 12:00 p.m. on the meeting date. For items on the agenda, supplemental communications may be submitted via eComment or emailed to planning@hermosabeach.gov. Supplemental emails should indicate the agenda item and meeting date in the subject line and must be received by 12:00 p.m. on the date of the meeting to be posted to the corresponding agenda item before the meeting begins. Supplemental communications submitted after 12:00 p.m. on the date of the meeting but before the meeting ends will be posted to the agenda packet the next business day. ___________________________________________________________________________________ I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. PUBLIC PARTICIPATION -- ORAL AND WRITTEN COMMUNICATIONS This is the time for members of the public to address the Planning Commission on any items within the Commission's jurisdiction and on items where public comment will not be taken. The public is invited to attend and provide public comment. Public comments are limited to two minutes per speaker and shall only be taken from those present in the Council Chambers. No remote public comment will be taken during this time unless required by the Brown Act. A total of thirty minutes will be allocated to this initial public participation item. This time allotment may be modified due to time constraints at the discretion of the Chair. No action will be taken on matters raised during public comment, except that the Planning Commission may take action to schedule issues raised during public comment for a future agenda. Speakers with comments regarding City management or departmental operations are encouraged to submit those comments directly to the Community Development Director or City Manager's Office. V. CONSENT CALENDAR The following matters will be acted upon collectively with a single motion and vote to approve with the majority consent of the Planning Commission. Planning Commission members may orally register a negative vote on any consent calendar item without pulling the item for separate consideration prior to the vote on the consent calendar. There will be no separate discussion of these items unless a Commission member removes an item from the Consent Calendar prior to the vote on the consent calendar item. Items removed will be considered under a latter agenda item, with only in-person public comment permitted at that time in the Chambers. The title is deemed to be read and further reading waived of any resolution or ordinance listed on the consent calendar for introduction or adoption. a.REPORT 24-0224 ACTION MINUTES OF THE PLANNING COMMISSION REGULAR MEETING OF APRIL 16, 2024 (Administrative Assistant Melanie Hurtado) Planning Commission Action Minutes Regular Meeting of April 16, 2024Attachments: b.REPORT 24-0240 REVIEW OF FISCAL YEAR 2024-2025 CAPITAL IMPROVEMENT PROGRAM (CIP) FOR CONFORMANCE WITH THE CITY'S GENERAL PLAN Page 3 City of Hermosa Beach Printed on 6/6/2024 3 May 21, 2024Planning Commission Regular Meeting Agenda (Public Works Director Joe SanClemente) Recommended Action: 1. Fiscal Year 2024-2025 CIP Program Summary 2. PLAN Hermosa Goals: Summary of Relevant Goals and Policies Attachment 3 - FY24-25 CIP Tentative Schedule 4. Link to PLAN Hermosa (General Plan) 5. Link to the April 18, 2024 City Council CIP Study Session Attachments: c.REPORT 24-0215 ADOPTION OF A RESOLUTION APPROVING CONDITIONAL USE PERMIT (CUP 24-03) FOR THE ON-SALE CONSUMPTION OF ALCOHOL (BEER ONLY) WITHIN AN EXISTING BUILDING AT 1048 HERMOSA AVENUE IN THE DOWNTOWN COMMERCIAL (C-2) ZONE WITH CONDITIONS AND DETERMINE THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (Assistant Planner Jake Whitney) 1. Draft Resolution #24-05 2. Link to Project Plans 3. Police Department Review Memorandum 4. Link to the December, 12 2023 City Council meeting confirming the Community Development Director's determination of similar use 5. Link to the April 16, 2024 Planning Commission meeting approving PDP 24-02 and providing guidance on CUP 24-03 6. SUPPLEMENTAL - Raymond Dussault eComment 5/21/24 Attachments: VI. PUBLIC HEARING a.REPORT 23-0663 PARKING PLAN (23-01) AND VARIANCE (23-03) FOR A NEW 975-SQUARE-FOOT SINGLE-FAMILY DWELLING WITH A VARIANCE TO ALLOW A NINE-FOOT GARAGE SETBACK INSTEAD OF 17 FEET, A VARIANCE TO ALLOW THE REQUIRED OPEN SPACE TO BE PROVIDED IN A DIFFERENT RATIO THAN REQUIRED, AND A PARKING PLAN TO ALLOW A RECONFIGURED GUEST PARKING SPACE AT 435 8TH STREET IN THE MULTIPLE-FAMILY RESIDENTIAL (R-3) ZONE, AND DETERMINE THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (Assistant Planner Johnathon Masi) Page 4 City of Hermosa Beach Printed on 6/6/2024 4 May 21, 2024Planning Commission Regular Meeting Agenda 1. Draft Resolution #24-06 2. Project Plans 3. Request Narrative 4. Zoning Map 5. R-3 Lot Size Analysis 6. Historical Resource Report 7. Public Notification Package 8. SUPPLEMENTAL - Maddie O'Connor eComment 5/19/24 9. SUPPLEMENTAL - Kris Kimble eComment 5/21/24 10. SUPPLEMENTAL - Lacy Kuester eComment 5/21/24 11. SUPPLEMENTAL - Mason Schuler eComment 5/21/24 12. SUPPLEMENTAL - Debi Aggers eComment 5/21/24 13. SUPPLEMENTAL - Erika Langetieg-Newman eComment 5/21/24 14. SUPPLEMENTAL - Dave Fulton eComment 5/21/24 Attachments: b.REPORT 24-0199 CONDITIONAL USE PERMIT AMENDMENT REQUEST (APE 22-05) TO ALLOW ON-SITE SERVICE OF BEER, WINE, AND SPIRITS IN THE FIRST-FLOOR LOUNGE AREA FROM 7 A.M.-10 P.M., AND ON THE THIRD-FLOOR DECK FROM 9 A.M.-9 P.M. TO GUESTS AND REGISTERED GUESTS AND THEIR GUESTS, AT AN EXISTING HOTEL (H2O HOTEL) LOCATED AT 1429 HERMOSA AVENUE IN THE DOWNTOWN COMMERCIAL (C-2) ZONE, AND DETERMINE THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). (Assistant Planner Johnathon Masi) Page 5 City of Hermosa Beach Printed on 6/6/2024 5 May 21, 2024Planning Commission Regular Meeting Agenda 1. Draft Resolution #24-07 2. Project Narrative 3. SUPPLEMENTAL - Site Plans 4. Police Department Memo 5. Planning Commission Resolution 15-25 6. Planning Commission Resolution 21-03 7. Planning Commission Resolution 21-04 8. City Council Resolution 21-7292 9. Zoning Map 10. Public Notification Package 11. Link to October 20, 2015 Planning Commission Staff Report 12. Link to July 16, 2019 Planning Commission Staff Report 13. Link to March 16, 2021 Planning Commission Staff Report 14. Link to April 20, 2021 Planning Commission Staff Report (Parking Plan) 15. Link to April 20, 2021 Planning Commission Staff Report (CUP Amendment) 16. Link to May 25, 2021 City Council Staff Report 17. Link to July 13, 2021 City Council Staff Report 18. SUPPLEMENTAL - Jessica Accamando eComment 5/16/24 19. SUPPLEMENTAL - Fiona Fleming eComment 5/17/24 20. SUPPLEMENTAL - Michelle Crispin eComment 5/20/24 21. SUPPLEMENTAL - Raymond Dussault eComment 5/21/24 22. SUPPLEMENTAL - Laura Pena eComment 5/21/24 Attachments: c.REPORT 24-0200 CONDITIONAL USE PERMIT (CUP 23-13) TO ALLOW A 7,214-SQUARE-FOOT PRESCHOOL AND DAYCARE WITH AN OUTDOOR PLAY AREA AT 210 PACIFIC COAST HIGHWAY IN THE SPECIFIC PLAN AREA (SPA) - 7 ZONE, AND DETERMINE THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (Assistant Planner Johnathon Masi) Page 6 City of Hermosa Beach Printed on 6/6/2024 6 May 21, 2024Planning Commission Regular Meeting Agenda 1. Draft Resolution #24-08 2. Project Plans 3. Project Narrative and Addendum 4. Exterior Noise and Exterior Facade Acoustical Analysis 5. Traffic Operations and Parking Study 6. SUPPLEMENTAL - Summary of Remedial Excavation and Confirmation Sampling 7. Zoning Map 8. Public Notification Package 9. Public Comments 10. SUPPLEMENTAL - Dimitri Amiridis Letter 2/15/24 11. SUPPLEMENTAL - Maddie O'Connor eComment 5/16/24 12. SUPPLEMENTAL - Rachel Hayes eComment 5/16/24 13. SUPPLEMENTAL - Anna Simonenko eComment 5/16/24 14. SUPPLEMENTAL - Amanda Hromadka eComment 5/16/24 15. SUPPLEMENTAL - Vincent Busam eComment 5/16/24 16. SUPPLEMENTAL - Maddie O'Connor second eComment 5/16/24 17. SUPPLEMENTAL - Link One from Maddie O'Connor eComment 5/16/24 18. SUPPLEMENTAL - Link Two from Maddie O'Connor eComment 5/16/24 19. SUPPLEMENTAL - Link Three from Maddie O'Connor eComment 5/16/24 20. SUPPLEMENTAL - Teri Jones eComment 5/17/24 21. SUPPLEMENTAL - Elizabeth Harsch eComment 5/18/24 22. SUPPLEMENTAL - Cynthia Furnberg Letter 5/19/24 23. SUPPLEMENTAL - Amir Mikhail Letter 5/20/24 24. SUPPLEMENTAL - Josh Krasnegor Letter 5/20/24 25. SUPPLEMENTAL - Link from Josh Krasnegor Letter 5/20/24 26. SUPPLEMENTAL - Josh Krasnegor eComment 5/20/24 27. SUPPLEMENTAL - Link One from Josh Krasnegor eComment 5/20/24 28. SUPPLEMENTAL - Link Two from Josh Krasnegor eComment 5/20/24 29. SUPPLEMENTAL - Link Three from Josh Krasnegor eComment 5/20/24 30. SUPPLEMENTAL - Suzanne Zimmerman Letter 5/20/24 31. SUPPLEMENTAL - Carolyn Petty eComment 5/20/24 32. SUPPLEMENTAL - Dan Seaman eComment 5/21/24 33. SUPPLEMENTAL - Mike Glasman Letter 5/20/24 34. SUPPLEMENTAL - Katie Saeman Email 5/20/24 35. SUPPLEMENTAL - Cynthia Furnberg Email 5/20/24 Attachments: Page 7 City of Hermosa Beach Printed on 6/6/2024 7 May 21, 2024Planning Commission Regular Meeting Agenda 36. SUPPLEMENTAL - Craig Rogers Email 5/20/24 37. SUPPLEMENTAL - Josh Krasnegor Email 5/21/24 38. SUPPLEMENTAL - Peter and Tracy Broussinos Email 5/20/24 39. LATE SUPPLEMENTAL - Max Siskin Email 5/21/24 d.REPORT 24-0226 REQUEST FOR A ZONE TEXT AMENDMENT (TA) 24-02 TO AMEND PORTIONS OF TITLE 17 OF THE HERMOSA BEACH MUNICIPAL CODE FOR HOUSING ELEMENT-RELATED REGULATIONS PERTAINING TO MIXED-USE DEVELOPMENT, REVIEW PROCESSES, AND MULTI-FAMILY RESIDENTIAL PARKING REQUIREMENTS AND DETERMINE THAT THE ZONE TEXT AMENDMENT IS CONSISTENT WITH THE PLAN HERMOSA ENVIRONMENTAL IMPACT REPORT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (Community Development Director Carrie Tai) 1. Draft PC Resolution 24-XX and Draft Ordinance 2. Redlined Zoning Text Changes 3. Ordinance 23-1471 4. Link to the December 21, 2021 City Council Staff Report 5. Link to June 20, 2023 Planning Commission Staff Report 6. Link to July 11, 2023 City Council Staff Report 7. Link to July 18, 2023 Planning Commission Staff Report 8. Link to August 8, 2023 City Council Staff Report 9. Link to August 15, 2023 City Council Staff Report 10. Link to September 19, 2023 Planning Commission Staff Report 11. Link to October 10, 2023 CIty Council Staff Report 12. Link to October 24, 2023 City Council Staff Report 13. Link to November 14, 2023 City Council Staff Report 14. Link to December 12, 2023 City Council Staff Report 15. SUPPLEMENTAL - Laura Pena eComment 5/21/24 Attachments: e.REPORT 24-0252 REQUEST FOR A ZONE TEXT AMENDMENT (TA) 24-01 TO AMEND TITLE 17 OF THE HERMOSA BEACH MUNICIPAL CODE (HBMC) PERTAINING TO ADMINISTRATIVE PROCEDURES, A PART OF THE COMPREHENSIVE ZONING CODE UPDATE, AND DETERMINE THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. (Alexis Oropeza, Planning Manager Page 8 City of Hermosa Beach Printed on 6/6/2024 8 May 21, 2024Planning Commission Regular Meeting Agenda Maricela Guillean, Associate Planner) 1. Administrative Procedures Annotated Draft 2. Draft Resolution with Ordinance and Administrative Procedures 3. Review Authority Chart 4. Public Comments 5. Public Notification Package 6. Link to the 2020 Zoning Code Assessment 7. Link to the March 4, 2020 Joint City Council/Planning Commission Study Session 8. Link to the May 19, 2020 Planning Commission Meeting 9. Link to the February 17, 2021 Economic Development Stakeholders Advisory Working Group 10. Link to the March 1, 2021 Economic Development Committee Meeting 11. Link to the March 3, 2021 Joint City Council/Planning Commission Study Session 12. Link to the August 10, 2021 City Council Meeting 13. Link to the February 2, 2022 Special Planning Commission Meeting 14. Link to the April 6, 2022 Special Planning Commission Meeting 15. Link to the June 7, 2022 Special Planning Commission Meeting 16. Link to the August 8, 2022 Special Planning Commission Meeting 17. Link to the September 22, 2022 Special Planning Commission Meeting 18. Link to the October 3, 2022 Special Planning Commission Meeting 19. Link to the November 2, 2022 Special Planning Commission Meeting 20. Link to the December 13, 2022 City Council Meeting 21. Link to the March 21, 2023 Planning Commission Meeting 22. Link to the July 11, 2023 City Council Meeting 23. Link to the September 26, 2023 City Council Meeting 24. Link to the November 14, 2023 City Council Meeting 25. Link to the March 19, 2024 Planning Commission Meeting 26. Link to the April 16, 2024 Planning Commission Meeting 27. SUPPLEMENTAL - Raymond Dussault eComment 5/21/24 Attachments: VII. STAFF ITEMS a. VERBAL REPORT ON CITY COUNCIL ACTIONS b. STATUS REPORT ON MAJOR PLANNING PROJECTS c.REPORT 24-0223 PLANNING COMMISSION TENTATIVE FUTURE AGENDA (Administrative Assistant Melanie Hurtado) Page 9 City of Hermosa Beach Printed on 6/6/2024 9 May 21, 2024Planning Commission Regular Meeting Agenda Planning Commission June 18, 2024 Tentative Future AgendaAttachments: VIII. COMMISSIONER ITEMS a. PLANNING COMMISSION COMMENTS Planning Commission members may briefly respond to public comments, may ask a question for clarification, or make a brief announcement or report on his or her own activities or meetings attended. b. FUTURE AGENDA ITEMS Requests from the Planning Commission for possible future agenda items and questions from Planning Commission members regarding the status of future agenda items. No discussion or debate of these requests shall be undertaken; the sole action is whether to schedule the item for consideration on a future agenda. No public comment will be taken. Planning Commission members should consider the City's work plan when considering new items. IX. ADJOURNMENT ______________________________________________________________________________ CITY OFFICES CLOSED FRIDAY - SUNDAY AND ON THE FOLLOWING DAYS: • Monday, May 27, 2024 - Memorial Day • Wednesday, June 19, 2024 - Juneteenth • Thursday, July 4, 2024 - Independence Day • Monday, September 2, 2024 - Labor Day • Monday, November 11, 2024 - Veterans' Day • Thursday, November 28, 2024 - Thanksgiving Day • Wednesday, December 25, 2024 - Christmas Day • Wednesday, January 1, 2025 - New Year's Day PLANNING COMMISSION MEETINGS: • Tuesday, May 21, 2024 - 7:00 PM Planning Commission Regular Meeting • Tuesday, June 10, 2024 - 7:00 PM Planning Commission Special Meeting • Tuesday, June 18, 2024 - 7:00 PM Planning Commission Regular Meeting • Tuesday, July 16, 2024 - 7:00 PM Planning Commission Regular Meeting • Tuesday, August 20, 2024 - 7:00 PM Planning Commission Regular Meeting • Tuesday, September 17, 2024 - 7:00 PM Planning Commission Regular Meeting • Tuesday, October 15, 2024 - 7:00 PM Planning Commission Regular Meeting • Monday, November 18, 2024 - 7:00 PM Planning Commission Regular Meeting • Monday, December 16, 2024 - 7:00 PM Planning Commission Regular Meeting Page 10 City of Hermosa Beach Printed on 6/6/2024 10 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 24-0224 Honorable Chair and Members of the Hermosa Beach Planning Commission Regular Meeting of May 21, 2024 ACTION MINUTES OF THE PLANNING COMMISSION REGULAR MEETING OF APRIL 16, 2024 (Administrative Assistant Melanie Hurtado) Recommended Action: Staff recommends Planning Commission receive and file the action minutes of the Planning Commission regular meeting of April 16, 2024. Attachment: Planning Commission Action Minutes Regular Meeting of April 16, 2024 Respectfully Submitted by: Melanie Hurtado, Administrative Assistant Approved: Carrie Tai, Community Development Director City of Hermosa Beach Printed on 5/22/2024Page 1 of 1 powered by Legistar™11 City Hall 1315 Valley Drive Hermosa Beach, CA 90254 City of Hermosa Beach Action Minutes - Draft Planning Commission Chair Peter Hoffman Vice Chair Marie Rice Commissioners David Pedersen Kate Hirsh Stephen Izant 7:00 PM Council Chambers Tuesday, April 16, 2024 I. CALL TO ORDER The meeting was called to order by Chair Hoffman at 7:00 P.M. II. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Commissioner Pedersen. III. ROLL CALL Associate Planner Maricela Guillean announced a quorum. All Planning Commissioners attended in-person in the Council Chambers except Vice Chair Rice, who was absent. Staff Present: Carrie Tai, Community Development Director Patrick Donegan, City Attorney Alexis Oropeza, Planning Manager Maricela Guillean, Associate Planner Jake Whitney, Assistant Planner Commissioner Kate Hirsh, Commissioner Stephen Izant, Chair Peter Hoffman, and Commissioner David Pedersen Present: 4 - Vice Chair Marie Rice Absent: 1 - IV. PUBLIC PARTICIPATION -- ORAL AND WRITTEN COMMUNICATIONS There were no public comments at this time. V. CONSENT CALENDAR Page 1 City of Hermosa Beach 12 April 16, 2024 Planning Commission Action Minutes - Draft REPORT 24-0197 a. ACTION MINUTES OF THE PLANNING COMMISSION REGULAR MEETING OF MARCH 19, 2024 (Administrative Assistant Melanie Hurtado) Motion by Commissioner Izant and seconded by Commissioner Pedersen to approve the minutes of the March 19, 2024 Planning Commission meeting as presented. Motion carried as follows: Aye: Commissioner Hirsh, Commissioner Izant, Chair Hoffman, and Commissioner Pedersen 4 - Absent: Vice Chair Rice 1 - VI. PUBLIC HEARING REPORT 24-0158 a. REQUEST FOR A PRECISE DEVELOPMENT PLAN (PDP 24-02) AND CONDITIONAL USE PERMIT (CUP 24-03) TO ALLOW FOR A 2,015-SQUARE-FOOT COMMERCIAL TENANT IMPROVEMENT AND ON-SALE CONSUMPTION OF ALCOHOLIC BEVERAGES AT 1048 HERMOSA AVENUE IN THE DOWNTOWN COMMERCIAL (C-2) ZONE AND TO DETERMINE THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (Assistant Planner Jake Whitney) Assistant Planner Jake Whitney provided a staff report. Chair Hoffman provided comments. Public comments were provided by: 1. Richard Sterling 2. Chris Franz Commissioner Izant provided comments. Commissioner Pedersen provided comments. Chair Hoffman provided comments. Commissioner Hirsh provided comments. Chair Hoffman provided comments. Commissioner Izant provided comments. Chair Hoffman provided comments. Public comments were provided by: 3. Laura Pena 4. Jessica Craig Chair Hoffman provided comments. Commissioner Izant provided comments. Page 2 City of Hermosa Beach 13 April 16, 2024 Planning Commission Action Minutes - Draft Director Tai provided comments. Assistant Planner Whitney provided comments. Commissioner Hirsh provided comments. Commissioner Izant provided comments. Assistant Planner Whitney provided comments. Commissioner Izant provided comments. Planning Manager Oropeza provided comments. Commissioner Izant provided comments. Commissioner Hirsh provided comments. Planning Manager Oropeza provided comments. Chair Hoffman provided comments. City Attorney Donegan provided comments. Chair Hoffman provided comments. City Attorney Donegan provided comments. Chair Hoffman provided comments. Commissioner Izant provided comments. Chair Hoffman provided comments. Motion by Commissioner Izant and seconded by Commissioner Pedersen to adopt Resolution 24-04 determining that the project is categorically exempt from the California Environmental Quality Act (CEQA) and approve Precise Development Plan (PDP 24-02) allowing for a commercial tenant improvement at 1048 Hermosa Avenue. Motion carried as follows: Aye: Commissioner Hirsh, Commissioner Izant, Chair Hoffman, and Commissioner Pedersen 4 - Absent: Vice Chair Rice 1 - Discussion continued on the Conditional Use Permit portion of the item. Commissioner Pedersen provided comments. Commissioner Hirsh provided comments. Chair Hoffman provided comments. Commissioner Izant provided comments. Page 3 City of Hermosa Beach 14 April 16, 2024 Planning Commission Action Minutes - Draft Chair Hoffman provided comments. Director Tai provided comments. Commissioner Izant provided comments. Director Tai provided comments. Chair Hoffman provided comments. City Attorney Donegan provided comments. Chair Hoffman provided comments. Commissioner Izant provided comments. Chair Hoffman provided comments. Commissioner Hirsh provided comments. Commissioner Izant provided comments. Commissioner Pedersen provided comments. Chair Hoffman provided comments. Commissioner Izant provided comments. Chair Hoffman provided comments. Commissioner Izant provided comments. Chair Hoffman provided comments. Commissioner Hirsh provided comments. Chair Hoffman provided comments. Commission Izant provided comments. Chair Hoffman provided comments. Commissioner Izant provided comments. City Attorney Donegan provided comments. Commissioner Hirsh provided comments. Commissioner Izant provided comments. Chair Hoffman provided comments. Commissioner Pedersen provided comments. Page 4 City of Hermosa Beach 15 April 16, 2024 Planning Commission Action Minutes - Draft Chair Hoffman provided comments. Commissioner Pedersen provided comments. Commissioner Hirsh provided comments. Chair Hoffman provided comments. Commissioner Izant provided comments. City Attorney Donegan provided comments. Planning Manager Oropeza provided comments. Chair Hoffman provided comments. Commissioner Pedersen provided comments. Director Tai provided comments. Chair Hoffman provided comments. Commissioner Pedersen provided comments. Chair Hoffman provided comments. Director Tai provided comments. Chair Pedersen provided comments. Commissioner Izant provided comments. Commissioner Hirsh provided comments. Director Tai provided comments. Chair Hoffman provided comments. Motion by Commissioner Pedersen and seconded Commissioner Izant to direct Staff to return with a modified CUP 24-03 stating the hours are 10:00 a.m. to 10:00 p.m. 7 days a week; with the ability to open earlier for International Formula One races provided it is consistent with the schedule submitted by the business owner in advance; no alcohol service provided outside the hours of 10:00 a.m. to 10:00 p.m.; business cannot open earlier than 5:00 a.m. on pre-approved special event days; strike conditions nine and ten suggested by the Police Department; direct Staff to rewrite condition twenty-three to be consistent with Director Tai and Chair Hoffman’s discussion; any patron under 12 years old must be accompanied by an adult of at least 18 years old. Motion carried as follows: Aye: Commissioner Hirsh, Commissioner Izant, Chair Hoffman, and Commissioner Pedersen 4 - Absent: Vice Chair Rice 1 - Page 5 City of Hermosa Beach 16 April 16, 2024 Planning Commission Action Minutes - Draft VII. STAFF ITEMS REPORT 24-0201 a. STUDY SESSION ON ADMINISTRATIVE PROCEDURES A COMPONENT OF THE COMPREHENSIVE ZONING CODE UPDATE (Alexis Oropeza, Planning Manager; Maricela Guillean, Associate Planner) Associate Planner Maricela Guillean and Planning Manager Alexis Oropeza prodivded a staff report. Chair Hoffman provided comments. Commissioner Izant provided comments. Chair Hoffman provided comments. City Attorney Donegan provided comments. Commissioner Pedersen provided comments. Chair Hoffman provided comments. Public comment was provided by: 1. Laura Pena Chair Hoffman provided comments. Commissioner Pedersen provided comments. Chair Hoffman provided comments. Commissioner Izant provided comments. Director Tai provided comments. Commissioner Izant provided comments. Director Tai provided comments. Commissioner Izant provided comments. Commissioner Hirsh provided comments. Planning Manager Oropeza provided comments. Commissioner Hirsh provided comments. Planning Manager Oropeza provided comments. Commissioner Hirsh provided comments. Planning Manager Oropeza provided comments. Page 6 City of Hermosa Beach 17 April 16, 2024 Planning Commission Action Minutes - Draft Director Tai provided comments. Commissioner Hirsh provided comments. Director Tai provided comments. Commissioner Hirsh provided comments. Planning Manager Oropeza provided comments. Director Tai provided comments. Chair Hoffman provided comments. Director Tai provided comments. Chair Hoffman provided comments. Director Tai provided comments. Chair Hoffman provided comments. b. VERBAL REPORT ON CITY COUNCIL ACTIONS At its meeting of April 9th, City Council discussed a possible urgency prohibition on ground floor office and other non-pedestrian oriented uses, which came up as a City Council request from February. City Council received and filed the report, which stated that the topic of ground-floor office uses is already part of the Zoning Code update and will come up within the next few months for discussion. City Council reviewed Administrative Citation fines. The fine structure was compressed and fine amounts for short-term vacation rentals have been changed. c. STATUS REPORT ON MAJOR PLANNING PROJECTS In response to the City’s February 7th submittal of the Housing Element, the California Department of Housing and Community Development issued a comment letter requesting additional information on the City’s fair housing policies; small sites used in the sites inventory list; and on rezoning language that was adopted into the Housing Element. The revised Housing Element will be posted on the City’s website prior to resubmittal. REPORT 24-0198 d. PLANNING COMMISSION TENTATIVE FUTURE AGENDA (Administrative Assistant Melanie Hurtado) Motion by Commissioner Pedersen and seconded by Commissioner Izant to receive and file the May 21, 2024 Planning Commission tentative future agenda. Motion carried as follows: Aye: Commissioner Hirsh, Commissioner Izant, Chair Hoffman, and Commissioner Pedersen 4 - Absent: Vice Chair Rice 1 - Page 7 City of Hermosa Beach 18 April 16, 2024 Planning Commission Action Minutes - Draft VIII. COMMISSIONER ITEMS a. PLANNING COMMISSION COMMENTS b. FUTURE AGENDA ITEMS IX. ADJOURNMENT Motion by Commissioner Pedersen and seconded by Commissioner Hirsh to adjourn the meeting until the next meeting of the Planning Commission on May 21, 2024. Motion carried as follows: Aye: Commissioner Hirsh, Commissioner Izant, Chair Hoffman, and Commissioner Pedersen 4 - Absent: Vice Chair Rice 1 - Page 8 City of Hermosa Beach 19 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 24-0240 Honorable Chair and Members of the Hermosa Beach Planning Commission Regular Meeting of May 21, 2024 REVIEW OF FISCAL YEAR 2024-2025 CAPITAL IMPROVEMENT PROGRAM (CIP) FOR CONFORMANCE WITH THE CITY'S GENERAL PLAN (Public Works Director Joe SanClemente) Recommended Action: Staff recommends that the Planning Commission find by minute order,that the City of Hermosa Beach Fiscal Year 2024-25 Capital Improvement Program (CIP)is in conformity with the goals and policies of the City’s General Plan (PLAN Hermosa). Executive Summary: In accordance with State law,the Planning Commission must determine if the Capital Improvement Program is in conformance with the City’s General Plan.Staff recommends that the Planning Commission find the FY 2024-2025 CIP in conformance with the City’s General Plan. Background: The Capital Improvement Program (CIP)is the City’s comprehensive plan to develop and maintain the City’s capital facilities and infrastructure.The CIP is adopted in conjunction with the City budget; projects will be entirely or partially funded in the next fiscal year.California Government Code Section 65401 requires Planning Commission review of the proposed Public Works CIP for conformity with the City’s General Plan.Attached for review is the preliminary CIP (Attachment 1)prepared for the upcoming Fiscal Year (FY) 2024-25. The CIP continues to be very ambitious,integrating the vision from PLAN Hermosa and adopted plans including the Sewer Master Plan,Storm Drain Master Plan,and the Americans for Disabilities Act (ADA)Self Evaluation and Transition Plan.Staff has recommended a continued focus on prioritizing deferred maintenance and safety projects during FY 2024-25,such as building maintenance,sidewalks,sewer,storm drains,and paving over enhancement projects.Continued investment in basic foundational areas will help reduce future maintenance and capital costs. Past City Council Action Meeting Date Description April 18, 2024 The City Council held a Study Session to review and provide comments regarding the FY 2024-25 Capital Improvement Program (CIP) and receive and file the FY 2024-25 CIP Study Session Report (Attachment 5). City of Hermosa Beach Printed on 5/22/2024Page 1 of 3 powered by Legistar™20 Staff Report REPORT 24-0240 Meeting Date Description April 18, 2024 The City Council held a Study Session to review and provide comments regarding the FY 2024-25 Capital Improvement Program (CIP) and receive and file the FY 2024-25 CIP Study Session Report (Attachment 5). For the proposed 2024-25 Budget,there are a total of 38 projects identified,including 36 active projects carried over from FY 2023-24 and two new projects.The summary for each project in the preliminary FY 2024-2025 CIP is detailed in Attachment 1.Attachment 3 details an estimated schedule,and sequencing,for the delivery of the proposed FY 2024-25 CIP considering projected engineering project management staff capacity in labor hours versus the time commitment required to advance each project through design and construction.Several projects have fixed schedules to meet grant-specific and regulatory timelines and other high-priority safety needs. The scope of the Planning Commission’s review is limited to conformity with the General Plan and the Commission may inquire about project details to clarify consistency with the General Plan. However,it is outside the Planning Commission’s authority to modify the scope of projects or prioritization.The proposed FY 2024-2025 CIP will be considered for adoption by the Council as part of the city budget process. Analysis of General Plan Consistency: PLAN Hermosa most directly addresses capital projects in the Mobility,Infrastructure and Parks and Open Space Elements.The ongoing CIP projects align with Mobility goals and policies related to expanding multi-modal transportation options,as they involve pedestrian safety improvements and increase ADA accessibility.Several projects align with goals and policies of the Infrastructure Element as they involve coordinated maintenance and repair of streets,sewers and storm drains infrastructure systems,and City facilities.There are also several projects focused on adding amenities to or upgrading existing parks and open space aligning with goals and policies in the Parks and Open Space element.The “placemaking”goals and policies of the Land Use and Design Element are highlighted by the lighting in the downtown,the Parks Master Plan,and beach restroom improvements. Safety Element projects include the tsunami siren and the real time crime center. Further,the projects all follow the goals and policies of the Sustainability and Conservation Element, where standard projects have incorporated sustainability principles.This in turn has led to increased opportunities in receiving grant funding,including the Hermosa Avenue Green Streets and Lot D Parking Lot improvements. The proposed FY 2024-25 CIP has been evaluated for its consistency with the City’s General Plan. The link to PLAN Hermosa General Plan is provided as Attachment 4.The Fiscal Year 2024-2025 CIP Program Summary (Attachment 1)details the project scope of work.Attachment 2 provides the City of Hermosa Beach Printed on 5/22/2024Page 2 of 3 powered by Legistar™21 Staff Report REPORT 24-0240 CIP Program Summary (Attachment 1)details the project scope of work.Attachment 2 provides the relevant goals of General Plan Hermosa cross-referenced across the CIP for conformance review. Based on the above,staff recommends the Planning Commission find the FY 2024-2025 CIP in conformance with the City’s General Plan (PLAN Hermosa). Environmental Determination: Pursuant to the California Environmental Quality Act (CEQA),the finding of the CIP’s conformity with the City’s General Plan is exempt from CEQA under State CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption).The action before the Planning Commission is limited to the determination of the General Plan Conformance of the preliminary CIP and would not approve the design, approval, or construction of the CIP projects. Public Notification: Public notification is not required for a determination of general plan conformance. Attachments: 1.Fiscal Year 2024-2025 CIP Program Summary 2.PLAN Hermosa Goals: Summary of Relevant Goals and Policies 3.FY 2024-25 CIP Tentative Schedules 4.Link to PLAN Hermosa (General Plan) 5.Link to the April 18, 2024 City Council CIP Study Session Respectfully Submitted by: Joe SanClemente, P.E., AICP, Public Works Director Concur:Alexis Oropeza, Planning Manager Legal Review: Patrick Donegan, City Attorney Approved: Carrie Tai, AICP, Community Development Director City of Hermosa Beach Printed on 5/22/2024Page 3 of 3 powered by Legistar™22 Fiscal Year 2024-2025 CIP Program Summary CIP Number Project Name Project Description 102 Bus Stop Improvements This project will improve bus stops throughout the City. These improvements will include Americans with Disabilities Act (ADA) accessible curb ramps, crosswalk, striping improvements, furnishing, and other general improvements within direct vicinity of the bus stops. This project is combined with CIP 193 Pedestrian Crossing Safety Improvements. Phase I of the combined project was constructed in spring 2024, and installed Rectangular Rapid Flashing Beacons (RRFBs) and updated signing and striping at select pedestrian crossings on Hermosa Avenue, Manhattan Avenue, Pier Avenue, and Valley Drive. Phase II of this combined project will holistically evaluate the safety and accessibility in the vicinity of bus stops on Hermosa Avenue and at select other critical locations throughout the City then design and construct improvements. 105 Annual Street Improvements This project provides for pavement rehabilitation of various streets throughout the City. The project will also repair/replace deteriorated portions of sidewalk, curb and gutter, and curb ramps. This work will be performed following the sewer and storm drain repairs identified in the Sewer and Drainage Master Plans. This project is combined with CIP 695 Parking Lot A Improvements. 109 Utility Box Wrappings This project will add decorative paint and/or wraps to City-owned utility boxes throughout the City. The City is engaging a local artist cooperative to create the artwork that will either be painted or applied via vinyl wrap to the boxes. City Yard staff, who have been trained in wrap application, will be involved in this project. 111 Gateway and Wayfinding Signs and Conceptual Design This project will evaluate gateway and wayfinding signage throughout the City. Recommendations will include locations, preliminary design, and order of magnitude cost estimates for final design, sign fabrication, and installation. 112 Annual City Sidewalk Improvements This project provides repairs, grinding, replacement, and improvements to sidewalks throughout the city at various locations to maintain and improve safety. 113 Pay-By-App Street Parking Phase 2 (NEW) This project will include the installation of additional signage for the Pay-By-App parking system for on-street parking spaces. The implementation will require the installation of signs that provide instructions for users and the zone numbers necessary to use the system. The industry recommendation is that at least two signs be installed per block. City staff will install the necessary signage and any additional poles. It is estimated that the City will need approximately 375 signs installed, and 30 new poles installed in some locations due to a lack of existing poles. The installation will occur in areas of the city where paid parking is currently provided. 143 PCH Mobility Improvement Project The City has identified a number of complete street project elements that can be implemented to improve mobility, accessibility, and safety along the Pacific Coast Highway (PCH) corridor in Hermosa Beach. These elements are described in the Project Study Report prepared by the City and Caltrans in 2015 and include: Traffic Signal Synchronization, Landscape Medians, Americans with Disabilities Act (ADA) Improvements/Removal of Utility Impediments, Transit Access Enhancements, Pedestrian Enhancements, and Aesthetic Enhancements. Collectively, the improvements will address existing, near-term, and long-range future traffic conditions along this corridor by improving intersection operations, reducing instances of unsafe turning movements, creating a safe and more comfortable environment for pedestrians and transit riders, and improving the efficient movement of vehicles along the corridor. 23 Fiscal Year 2024-2025 CIP Program Summary CIP Number Project Name Project Description 164 Hermosa Avenue Green Street This project will install permeable gutter to increase stormwater infiltration on Hermosa Avenue, Beach Drive, Herondo Street, 6th Street, 2nd Street, 1st Street, and adjacent streets. This project is part of a multicity green street project led by the City of Torrance and funded by Measure W. 193 Pedestrian Crossing Safety Improvements This project will implement rectangular rapid flashing beacons and other measures at several uncontrolled pedestrian crossings on Hermosa Avenue at 4th, 6th, 19th, 24th, and 25th Streets. This project is combined with CIP 193 Pedestrian Crossing Safety Improvements. Phase I of the combined project was constructed in spring 2024, and installed Rectangular Rapid Flashing Beacons (RRFBs) and updated signing and striping at select pedestrian crossings on Hermosa Avenue, Manhattan Avenue, Pier Avenue, and Valley Drive. Phase II of this combined project will holistically evaluate options to reconfigure parking to enhance pedestrian safety, feasibility of curb extensions and median closures, and accessibility on Hermosa Avenue and at select other critical locations throughout the City then design and construct improvements. 194 Annual Striping Improvements This project provides traffic striping and pavement marking improvements and modifications to improve safety and visibility. This project will help address thermoplastic striping needed which the City is not capable of installing directly. This project is combined with CIP 502 Greenbelt Pedestrian Trail and CIP 604 City Wide ADA Improvements. All phases of these projects will advance concurrently to construct an ADA-compliant, accessible path on the Greenbelt between Pier Avenue and 8th Street with access to the Greenbelt via improved curb ramps, sidewalk, pavement markings, signage, ADA parking, and other safety and accessibility measures. 417 Storm Drain Improvements - Various Locations This project will design and construct storm drain improvements throughout the City per the Storm Drain Master Plan and other high priority locations. 421 Annual Sewer Improvements - Phase 2 Phase 1 of this project, which included lining, was completed. Phase 2 of this project includes design and construction of sewer improvements and repairs based on the Sewer Master Plan. Improvements will include sewer pipe point repairs; sewer pipe removal and replacement; and maintenance access hole rehabilitations. Sewer repairs will take place at various locations throughout the City as part of this project. 422 Annual Storm Drain Improvements - 5th Street Greenbelt This project includes storm drain improvements at 5th Street and Ardmore Avenue, including the replacement of existing storm drain lateral and new connection to LA County's storm drain main line, new catch basin, and new curb and gutter. 423 Annual Sewer Improvements This project includes design and construction of sewer improvements and repairs based on the Sewer Master Plan. Improvements will include lining, point repairs, removal and replacement. 424 CIP 424 Annual Storm Drain Improvements - Bard Street This project includes storm drain improvements near the intersection of Bard Street and Oak Street. The project will construct new storm drain pipes, a maintenance access hole, a catch basin, and a connection to existing City storm drain infrastructure to collect stormwater at the intersection. 438 Stormwater Dry Wells Assessment As required by the region’s Enhanced Watershed Management Plan (EWMP), this project will assess the implementation of a series of drywells at various locations throughout the City to capture storm water and dry weather flows within 118 acres of the Herondo Drain (SMB-6-1) watershed. 24 Fiscal Year 2024-2025 CIP Program Summary CIP Number Project Name Project Description 502 Greenbelt Pedestrian Trail This project will remove woodchips and construct an accessible pedestrian trail composed of decomposed granite on the Greenbelt between Pier Avenue and 8th Street. This project is combined with CIP 194 Annual Striping Improvements and CIP 604 City Wide ADA Improvements. All phases of these projects will advance concurrently to construct an ADA-compliant, accessible path on the Greenbelt between Pier Avenue and 8th Street with access to the Greenbelt via improved curb ramps, sidewalk, pavement markings, signage, ADA parking, and other safety and accessibility measures. 503 City Park Lighting Conceptual Design This project will assess light levels and lighting improvements to the City's parks. South Park, Clark Field, and Valley Park. The project will identify scope of required improvements and cost estimates for final design and construction. 538 Citywide Park Master Plan The City is seeking to prepare a Parks Master Plan that achieves the following goals: • Engages the community and local recreational organizations in a dialogue about parks and open space resources in Hermosa Beach; • Identifies the current demand/utilization and the future/evolving parks and recreational facility needs for the Hermosa Beach community; • Leverages the vision and goals of the recently adopted General Plan and the Community Decision-Making Tool; • Identifies an appropriate balance between organized and informal recreational activities at the City’s parks and open spaces; • Serves as a dynamic useful planning and implementation document that enjoys broad community and political support; • Provides a comprehensive strategy to maintain, rehabilitate and improve the City’s network of parks, facilities, and open space assets, including current unfunded park and recreational opportunities; • Evaluates the effective use of the City’s financial and physical resources and opportunities to fund implementation of the recommendations in the Master Plan. 603 South Park Slope, Irrigation, and Landscape Improvements This project will address repairs needed throughout the north side of the park including installing a new irrigation system and landscaping on the sloped areas at South Park. 604 City Wide ADA Improvements This project provides improvements city wide in order to comply with the Americans with Disabilities Act (ADA) and meet the latest Federal Standards along with the City’s Transition Plan. This project is combined with CIP 194 Annual Striping Improvements and CIP 502 Greenbelt Pedestrian Trail. All phases of these projects will advance concurrently to construct an ADA-compliant, accessible path on the Greenbelt between Pier Avenue and 8th Street with access to the Greenbelt via improved curb ramps, sidewalk, pavement markings, signage, ADA parking, and other safety and accessibility measures. 605 City Facilities Condition and Needs Assessment The project will include an assessment of facilities throughout the City to understand improvement needs. 610 Fort Lots-of-Fun Park Wall and Gate Improvements This project provides necessary improvements and repairs to the existing retaining wall and wooden gate at Fort Lots-O-Fun. The project currently includes funding for design of the improvements; construction costs will be further defined through the design process. 615 New Corporate Yard Facilities This project is for the design and construction of a new City Yard. The current City Yard is in need of reconstruction. A new City Yard will provide a safe and functional area for City maintenance crews and staging. 617 Civic Center Charging Stations This project will explore the electrical power needs and installation of expanded electric vehicle charging infrastructure to serve the Police Department fleet on Bard Street, adjacent to the Police Department and City Hall. The expanded charging infrastructure will install 20 Level 2 chargers. 25 Fiscal Year 2024-2025 CIP Program Summary CIP Number Project Name Project Description 618 Tsunami Siren This grant-funded project will include working with the Emergency Management Coordinator, Los Angeles County Department of Beaches and Harbors to install an outdoor warning siren and integrate the selected siren and the Beach Emergency Evacuation Lighting System (BEELS) systems into the City's alert and warning software platform, Alert South Bay. 619 Kelly Courts Improvements This project will resurface and reconfigure the Kelly Courts at Clark Field. The courts will be restriped and reconfigured and the lights and fencing relocated to meet court standards. 620 Citywide Roof Repairs This project will repair and replace roofs at several City facilities. 621 Comprehensive Downtown Lighting Design This project will assess light levels, electric system requirements, and desired lighting improvements (i.e., ornamental, roadway, pedestrian scale) for the City's Downtown district. The project will identify scope of required improvements and cost estimates for final design and construction. 623 Pier Structural Inspection and Evaluation An emergency partial inspection and evaluation was performed in coordination with CIP 629 and CIP 660, the results of which identified high priority repairs which were completed through CIP 629. Following completion of construction of CIP 629 and CIP 660, a full above and below water structural inspection of the pier is required to meet requirements for marine structures. Based on this inspection, it is anticipated that additional pier structural repairs will be required primarily on the pier deck. This project will also include design and permitting. Construction funding will be identified as part of a future CIP. 624 CDBG Improvements This project provides improvements to sidewalks and curb ramps on Valley Drive and Monterey Boulevard in order to comply with the Americans with Disabilities Act (ADA) and meet the latest Federal Standards. 625 City-Wide ADA Improvements This project will provide improvements to access to the Civic Center to comply with the Americans with Disabilities Act (ADA) and meet the latest Federal Standards along with the City’s Transition Plan. The project will provide improvements to curb ramps, sidewalk, and parking in front of City Hall and install a wheelchair lift for access from the Valley Drive parking lot to the front of City Hall. 682 Parking Lot D Improvements The project will provide storm water infiltration and install an electric vehicle charging station, bicycle parking, and lighting and landscaping. 685 Real Time Crime Center (NEW) This project is to create a Real Time Crime Center (RTCC) for the City of Hermosa Beach. A RTCC is a technology- driven support center which uses state of the art technology to provide real time information to officers and detectives working in the field and investigating crimes that are reported. 689 Clark Building Renovations g • New commercial kitchen per current Los Angeles County Department of Public Health requirements, including new appliances, fixtures, storage cabinets, counter tops, flooring, grease trap system, and lighting; • New electric powered heating, ventilation and air conditioning (HVAC) system; • New audio-visual system including built-in speakers, overhead projector, and roll- down projection screen; • Architectural upgrades including: Furred out walls to hide system components such as electrical conduit and provide a new smooth wall surface throughout; New decorative accents on the ceiling; Acoustic ceiling panels for sound absorption; New commercial grade vinyl flooring; New interior and exterior light fixtures; Complete interior and exterior cleaning and painting; and Restored original signage on the exterior of the building; • New sewer lateral and connection; • New plumbing system to accommodate the updated restrooms and commercial kitchen, including new floors drains for ease in maintenance; • Site improvements including new concrete walkways and ramps to current 26 Fiscal Year 2024-2025 CIP Program Summary CIP Number Project Name Project Description 692 14th Street Beach Restroom Improvements This project proposes to either renovate or replace the building, restrooms, and appurtenant plumbing. This project will also include the replacement of the existing sewer lift station components which includes two submersible pumps, motor control panel, associated plumbing, and the addition of telemetry for condition/outage notifications. 695 Parking Lot A Improvements This project will provide pavement rehabilitation in Parking Lot A and is combnied with CIP 105 Annual Street Improvements. 699 Parking Structure (Lot C) Improvements This project provides necessary structural, electrical, and elevator repairs and improvements to the City's Parking Structure (Lot C). 27 1 PLAN Hermosa: Summary of Relevant Goals and Policies Governance Element: Goal 1. A high degree of transparency and integrity in the decision-making process. Policies:  1.1 Open meetings.  1.2 Strategic planning.  1.3 Priority-based budgeting.  1.4 Consensus oriented. Goal 2. The community is active and engaged in decision-making processes. Policies:  2.1 Multiple Outreach Methods  2.4 Public Forums.  2.7 Major Planning Efforts. Goal 4. A leader and partner in the region. Policies:  4.3 Collaboration with adjacent jurisdictions. Goal 6. A broad-based and long-term economic development strategy for Hermosa Beach that supports existing businesses while attracting new business and tourism. Policies:  6.1 Long-term economic development. 28 2 Land Use Element Goal 4. A variety of corridors throughout the city provide opportunities for shopping, recreation, commerce, employment and circulation. Policies:  4.5 Corridor Connectivity.  4.9 Streetscape enhancements. Goal 6. A pedestrian-focused urban form that creates visual interest and a comfortable outdoor environment. Policies:  6.2 Streetscaping.  6.3 Green open space network.  6.4 Street lighting for safety.  6.5 Provision for sidewalks. Goal 11. A proud and visible identity as an arts and cultural community. Policies:  11.1 Locally appropriate art.  11.2 Creative expression in the built environment.  11.5 City leadership in public art.  11.7 Commissioning of new artwork. 29 3 Mobility Element Goal 1. Complete Streets that serve the diverse functions of mobility, commerce, recreation, and community engagement for all users whether they travel by walking, bicycling, transit or driving. Policies:  1.1 Consider all modes. Goal 2. A public realm that is safe, comfortable and convenient for travel via foot, bicycle, public transit and automobile and creates vibrant, people-oriented public spaces that encourage active living. Policies:  2.1 Prioritize public rights-of-way.  2.2 Encourage traffic calming.  2.3 Directional signage.  2.4 Sustainable landscape.  2.5 Require sustainable practices.  2.6 Safe east-west connections. Goal 3. Public rights-of-way supporting a multimodal and people-oriented transportation system that provides diversity and flexibility on how users choose to be mobile. Policies:  3.1 Enhance public rights-of-way.  3.2 Complete pedestrian network.  3.3 Active transportation.  3.4 Access opportunities.  3.5 Incentivize other modes.  3.6 Complete bicycle network.  3.7 Transportation project considerations.  3.8 Encourage shared streets.  3.9 Access for emergency vehicles.  3.10 Require ADA standards.  3.11 Site specific conditions.  3.12 Right of way standards. Goal 4. A parking system that meets the parking needs and demand of residents, visitors, and employees in an efficient and cost-effective manner. Policies:  4.1 Shared parking. 30 4  4.2 Encourage coastal access.  4.3 Reduce impacts.  4.4 Preferential parking program.  4.5 Sufficient bicycle parking.  4.6 Priority parking.  4.7 Parking availability.  4.8 Ensure commercial parking.  4.9 Encourage TDM strategies.  4.10 Visitor parking information.  4.11 Consolidated parking facilities. Goal 5. A robust low cost and low carbon transportation system that promotes the City’s environmental sustainability and stewardship goals in support of social and economic objectives. Policies:  5.1 Prioritize development of infrastructure.  5.4 Evaluate projects. Goal 7. A transportation system that results in zero transportation-related fatalities and which minimizes injuries. Policies:  7.1 Safe public rights-of-way.  7.2 Manage speeds  7.3 Provide street lighting.  7.4 Traffic safety programs.  7.5 Appropriate sidewalk widths. 31 5 Sustainability + Conservation Element Goal 5. Water conservation practices, recycled water use, and innovative water technologies support a resource efficient community. Policies:  5.2 Rainwater collection. 32 6 Parks and Open Space Element Goal 1. First class, well maintained and safe recreational facilities, parks and open spaces. Policies:  1.1 Facility upgrades.  1.2 Lighting and visibility.  1.3 CPTED (Crime Prevention Through Environmental Design) principles.  1.4 Low-maintenance design.  1.5 Evaluate community needs. Goal 2. Abundant parks, open space, and recreational facilities to serve the community. Policies:  2.6 Investment and maintenance. Goal 4. Direct and accessible routes and connections to parks, recreational facilities and open space. are provided. Policies:  4.2 Enhanced access points.  4.3 Safe and efficient trail network.  4.4 ADA accessible park access. Goal 6. The coast and its recreational facilities are easily accessible from many locations and by multiple transportation modes. Policies:  6.1 Visible access points.  6.2 Coastal sign program.  6.3 Safe and accessible connections.  6.5 Wayfinding and coastal access.  6.6 Universal access.  6.8 High quality connections.  6.9 Maximize open space.  6.10 Paid parking.  6.12 Comprehensive bike and pedestrian network. Goal 7. The beach offers high quality recreational opportunities and amenities desired by the community. Policies:  7.1 Beach maintenance.  7.2 Amenity upkeep.  7.3 Recreational asset.  7.4 Beach structures. 33 7 Goal 10. Abundant landscaping, trees and green space provided throughout the community. Policies:  10.1 Urban forest.  10.2 Non-invasive landscapes.  10.3 Green space co-benefits.  10.4 Scenic features.  10.5 Park landscaping.  10.6 City landscaping.  10.7 Park LID (Low Impact Development) Design. 34 8 Public Safety Element Goal 1. Injuries and loss of life are prevented, and property loss and damage are minimized. Policies:  1.1 Evaluate risks.  1.3 Tsunami Playbook.  1.5 Minimize coastal flooding.  1.9 Facilitate retrofits.  1.12 Evacuation routes. Goal 5. High quality police and fire protection services provided to residents and visitors. Policies:  5.1 Crime deterrence.  5.3 Use of technology.  5.9 Police and Fire enforcement grants Goal 6. Hermosa Beach is prepared for, responds to and recovers quickly from natural disasters. Policies:  6.3 Invest in critical facilities. 35 9 Infrastructure Element Goal 1. Infrastructure systems are functional, safe and well maintained. Policies:  1.1 Infrastructure systems plan.  1.2 Priority investments.  1.3 Right-of-way coordination.  1.5 New technologies.  1.8 Utilities infrastructure siting.  1.9 Preventative street maintenance projects.  1.10 Permeable pavement. Goal 2. Roadway infrastructure maintenance supports convenient, attractive and complete streets and associated amenities. Policies:  2.1 Preventative street maintenance.  2.2 Pavement rating system.  2.3 Street and sidewalk standards.  2.4 Sidewalk improvements.  2.8 Timely repairs and maintenance. Goal 3. Adequate water supplies from diverse sources provide for the needs of current and future residents, businesses and visitors. Policies:  3.5 Drought management.  3.6 Water infrastructure. Goal 4. The sewer system infrastructure is modernized and resilient. Policies:  4.1 Sewer system master plan.  4.2 Priority improvements.  4.5 Sewer system rehabilitation.  4.7 Sewer system operation.  4.8 Holistic systems planning. Goal 5. The stormwater management system is safe, sanitary and environmentally and fiscally sustainable. Policies:  5.1 Integration of stormwater best practices.  5.2 Green infrastructure.  5.3 Natural features.  5.5 Stormwater system maintenance.  5.6 Stormwater system repairs. 36 10  5.9 Evaluate and retrofit. 37 City of Hermosa Beach - Department of Public Works Estimated CIP Project Schedule Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun 607 Records Center Renovation 2 16 18 538 Citywide Park Master Plan 2 12 12 12 12 50 696 Police Station Improvements 55 35 20 20 10 140 616 Bard Trailer Improvements 44 24 20 10 98 109 Utility Box Wrappings 6 12 12 12 10 10 10 10 10 92 111 Gateway and Wayfinding Signs Assessment 9 15 20 40 25 30 139 617 Civic Center Charging Stations 8 8 8 8 4 36 620 City Wide Roof Repair 20 20 10 15 15 15 20 10 125 605 City Facilities Condition and Needs Assessment 2 2 2 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 5186 438 Stormwater Dry Wells Assessment 8 8 8 20 20 20 20 40 40 10 30 40 80 80 40 40 80 80 80 50 40 30 30 30 40 80 115 50 50 50 90 50 40 80 40 40 20 10 1679 421 Annual Sewer Improvements 20 20 20 40 80 80 75 75 65 65 70 70 15 40 20 740 689 Clark Building Renovations 90 50 50 45 84 75 70 60 60 60 60 40 20 20 784 502 Greenbelt Pedestrian Trail 80 50 20 40 80 70 40 40 40 40 20 20 604 City Wide ADA Improvements 194 Annual Striping Improvements 164 Hermosa Avenue Green Street 20 20 20 20 40 20 20 20 20 20 20 20 20 20 40 20 20 30 25 20 455 624 CDBG Improvements 40 20 40 80 40 30 20 20 10 300 422 Annual Storm Drain Improvements (Greenbelt at 5th)8 6 12 20 20 20 60 40 20 5 5 216 682 Parking Lot D Improvements 55 40 80 40 20 40 70 40 40 40 40 40 40 20 20 10 699 Parking Structure (Lot C) Improvements 30 20 30 40 35 20 35 20 35 55 40 35 40 40 45 40 20 580 603 South Park Slope and Irrigation Repairs 10 10 30 50 40 20 40 55 75 55 55 40 40 20 540 424 Annual Storm Drain Improvements (Bard Street) 20 15 15 20 40 40 40 40 40 30 15 315 623 Pier Structural Inspection Design, Inspection, and Permitting 12 16 20 20 20 30 30 30 40 30 30 70 80 30 25 20 30 40 20 25 40 50 708 619 Kelly Court Renovations 8 8 7 24 15 35 60 20 40 20 40 40 80 40 40 40 30 20 567 113 Pay-By-App Parking Signage PHASE II 8 8 8 8 8 8 48 105 Annual Street Improvements 50 40 80 30 25 40 30 50 95 40 40 40 40 40 90 80 60 55 50 50 20 10 695 Parking Lot A Improvements 685 Real Time Crime Center 20 20 80 80 80 80 80 80 40 20 40 80 80 80 80 40 40 40 1060 143 PCH Mobility Improvement Project 2 2 2 4 4 4 4 10 10 10 15 15 15 15 15 20 20 20 20 20 20 20 20 20 20 20 20 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 40 40 40 40 40 40 4537 615 New Corporate Yard Facilities 50 70 75 65 100 165 170 170 175 150 145 155 165 145 150 180 165 190 170 200 150 140 120 70 80 140 140 150 180 160 160 160 160 160 160 80 40 20 4790 102 Bus Stop Improvements PHASE II 70 80 70 70 70 70 90 80 100 80 80 80 40 30 30 160 120 180 155 160 100 80 40 20 193 Pedestrian Crossing Safety Improvements PHASE II 618 Tsunami Siren 4 4 4 4 4 8 8 8 8 8 8 8 8 8 8 8 8 116 423 Annual Sewer Improvements 20 20 40 45 55 50 80 40 40 60 90 30 40 40 20 40 80 80 90 80 110 80 75 90 120 40 20 1575 610 Fort Lots-O-Fun Wall and Gate Improvements 20 40 60 70 70 60 70 60 40 20 40 100 100 80 80 40 20 970 112 City Sidewalk Improvements 10 20 40 40 4 30 30 20 80 60 35 30 80 40 40 20 40 80 40 55 45 40 40 20 925 625 City Wide ADA Improvements 20 40 40 60 80 60 60 60 40 20 40 80 90 60 70 40 20 880 417 Annual Storm Drain Improvements 40 50 60 100 100 40 50 85 70 40 40 40 40 40 20 30 120 90 90 55 150 170 40 20 1580 621 Comprehensive Downtown Lighting Assessment 30 30 50 30 30 40 30 30 50 60 380 503 City Park Lighting Conceptual Design 20 40 20 60 80 30 25 80 60 415 692 14th Street Beach Restroom Rehabilitation - DESIGN ONLY 30 40 40 60 100 130 140 90 80 120 120 120 120 80 2230 TBD 20 25 50 85 80 80 80 40 40 20 20 40 40 60 70 70 55 30 65 40 20 780 20 25 40 40 40 50 55 55 50 50 20 40 40 60 70 80 780 TBD FUTURE CDBG PROJECTS 10 55 30 55 30 30 40 80 40 40 40 20 470 FUTURE ANNUAL ADA PROJECT 20 40 30 50 50 55 75 70 40 20 40 80 90 60 70 800 TBD FUTURE ANNUAL SIDEWALK PROJECTS 20 40 20 80 40 80 40 80 40 40 20 40 880 TBD FUTURE PIER DECK REPAIRS 20 60 30 100 90 90 90 120 60 45 80 65 80 40 20 20 1010 Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Total Hours Needed 492 492 495 637 637 632 707 703 704 705 704 699 704 702 677 706 706 706 706 698 708 708 708 703 688 708 708 705 705 705 700 705 705 705 705 705 705 705 705 705 705 705 705 465 365 200 320 320 350 310 310 Projected Staff Capacity 496 496 496 637 637 637 708 708 708 708 708 708 708 708 708 708 708 708 708 708 708 708 708 708 708 708 708 708 708 708 708 708 708 708 708 708 708 708 708 708 708 708 708 708 708 708 708 708 708 708 708 Availability (Defecit) - Current Staff (Hours)4 4 1 0 0 5 1 5 4 3 4 9 4 6 31 2 2 2 2 10 0 0 0 5 20 0 0 3 3 3 8 3 3 3 3 3 3 3 3 3 3 3 3 243 343 508 388 388 358 398 398 Legend:Assumptions:Preparation of request for proposals or on-call task order. Administrative staff is available to assist engineers with tasks such as making copies, answering phones, preparing invoices and contracts, etc.Evaluation, conceptual design, or final design. PW engineers manage consultant design teams, oversee construction, write staff reports, develop RFPs, etc.Advertisement for construction, including bid document preparation, advertisement, bid review, and award of contract at City Council. 1700 hours total annual availability per engineer (2080 hours minus holidays, vacation, and sick time).Project close out, including final invoicing, documentaion, reporting to grant agencies. Construction Fixed schedule due to public safety need, grant timeline, or regularotry requirements. Q3Q4Q1 Full staffing assumes 10 engineers average approximately 50% of availability for CIPs (0.5*1700)/12 = 70.8 hours monthly per engineer, therefore 708 hours total monthly availability for CIP work in the engineering team. Current staffing levels as of April 2024 are 6 (60%). This schedule assumes reaching full staffing levels (100%) by Oct 2024. Actual schedules are subject to change. depending on staffing. Q2 Q3 FY 26-27 FY 27-28 Q4 Q1 Q2 Q3 Q4 Q1 FY 24-25 Q1 Q2 Q3 Q4Q2Q4 FUTURE ANNUAL PAVING PROJECTS FY 23-24 FY 25-26 540 2055 1015 TotalQ1Q3Q4Q2 FY 27-28 Staff Labor E Q4 Q1 Q2 Q3 Q4 Q1 Q2 FY 25-26 Q3 Q4 Q1 Q2 Q3 Q4CIP No.Project Name FY 23-24 FY 24-25 FY 26-27 38 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 24-0215 Honorable Chair and Members of the Hermosa Beach Planning Commission Regular Meeting of May 21, 2024 ADOPTION OF A RESOLUTION APPROVING CONDITIONAL USE PERMIT (CUP 24-03) FOR THE ON-SALE CONSUMPTION OF ALCOHOL (BEER ONLY) WITHIN AN EXISTING BUILDING AT 1048 HERMOSA AVENUE IN THE DOWNTOWN COMMERCIAL (C-2) ZONE WITH CONDITIONS AND DETERMINE THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (Assistant Planner Jake Whitney) Recommended Action: Staff recommends that Planning Commission adopt Resolution 24-05 determining that the project is categorically exempt from the California Environmental Quality Act (CEQA)and approving Conditional Use Permit (CUP 24-03)for the on-site sale and consumption of alcohol (beer only), subject to conditions at 1048 Hermosa Avenue. Executive Summary: On April 16,2024,the Planning Commission held a public hearing regarding a request from applicant Chris Frantz of Racing Formula Partners LLC for a Conditional Use Permit for the on-site sale and consumption of beer on the premises.The Planning Commission directed staff to prepare a Resolution approving the CUP with conditions.The attached resolution (Attachment 1)memorializes the Commission’s direction from April 16,2024.Staff recommends the Planning Commission adopt the resolution approving the CUP. Background: The project site is located within the City’s Downtown Commercial (C-2)Zone on Hermosa Avenue at its intersection with 11th Street.The property is an existing commercial building most recently occupied by a dry-cleaning business (Rose Cleaners).The applicant will renovate the site and rent race car simulators (entertainment or amusement machines)as the primary use at 1048 Hermosa Avenue,a use not listed in the Zoning Ordinance.Hermosa Beach Municipal Code (HBMC)Section 17.26.040 specifies that all uses not specifically mentioned in the chapter are deemed prohibited unless determined by the Community Development Director to be similar to and not more objectionable than other uses listed in the chapter.On December 12,2023,the City Council confirmed the determination of the Community Development Director that the rental of four or fewer City of Hermosa Beach Printed on 5/22/2024Page 1 of 7 powered by Legistar™39 Staff Report REPORT 24-0215 confirmed the determination of the Community Development Director that the rental of four or fewer racing car simulators was substantially similar to a billiard or pool hall use which is a permitted use in the Downtown (C-2)and General Commercial (C-3)Zoning Districts.Rental of four or fewer amusement devices is now allowed by right.This confirmation enabled the applicant to apply for entitlements needed to support the primary use.(Attachment 4) On April 16,2024,the Planning Commission held a public hearing,considered the staff report and public testimony,and approved a Precise Development Plan (PDP 24-02)to allow a 2,015-square- foot tenant improvement at the project site.The Planning Commission also directed staff to prepare a resolution to approve of the Conditional Use Permit for the on-site sale and consumption of alcohol with conditions.(Attachment 5) Past Board, Commission and Council Actions Meeting Date Description December 12, 2023 Confirmation of the Community Development Director’s determination that the rental of four or fewer racing car simulators are similar to the billiard or pool hall use which is permitted in C-2 and C-3 Commercial zones. April 16, 2024 Planning Commission approval of a Precise Development Plan for a 2,015-square-foot tenant improvement and acted on a CUP request for on-sale alcohol service directing staff to return with a Resolution for approval. Site Information Table: The following table describes the existing site characteristics. Site Information General Plan Community Commercial (CC) Zoning Downtown Commercial (C-2) Lot Size 4,008 square feet Existing Square Footage1,648 square feet (for the existing tenant space) Surrounding Zoning North: C-2 East: R-3 South: C-2 West: C-2 Surrounding Uses North: Commercial East: Residential South: Commercial West: Commercial City of Hermosa Beach Printed on 5/22/2024Page 2 of 7 powered by Legistar™40 Staff Report REPORT 24-0215 Site InformationGeneral Plan Community Commercial (CC)Zoning Downtown Commercial (C-2)Lot Size 4,008 square feetExisting Square Footage1,648 square feet (for the existing tenant space)Surrounding Zoning North: C-2East: R-3 South: C-2 West: C-2 Surrounding Uses North: Commercial East: Residential South: Commercial West: Commercial Discussion: In addition to the Precise Development Plan approved on April 16,2024 by the Planning Commission,the applicant (Racing Formula Partners LLC)requested approval of a Conditional Use Permit to allow for the on-site sale of alcohol.The applicant’s request proposed to operate Wednesday-Friday from 4 p.m.-9 p.m. and Saturday-Sunday from 11 a.m.-9 p.m. The Planning Commission considered the staff report and public testimony at the April 16,2024, meeting.At the hearing,the applicant requested to extend the hours of operation from its original application request.After deliberating,the Planning Commission approved the CUP subject to the following conditions:(i)the establishment is permitted to operate from 10 a.m.-10 p.m.daily;(ii)the establishment is permitted to operate from 5 a.m.-10 p.m.on officially scheduled Formula 1 race days;(iii)Sales of beer are restricted to the hours of 10 a.m.-10 p.m.on all days it is open for business (i.e.,no sale of alcohol during the early morning hours). Conditions of approval include those requested by the Police Department to ensure compatibility of the use now and into the future.The conditions of approval include,but are not limited to,requiring that substantial modifications to the approved floor plans must return to the Planning Commission for approval,the Planning Commission has the authority to amend or impose new conditions if deemed necessary to mitigate potential detrimental effects resulting from the use,and requiring minors 12 years of age or younger must be accompanied by a guardian 18 years of age or older.(Attachment 1) Findings: Conditional Use Permit (CUP) In accordance with HBMC Section 17.26.030,on-sale alcoholic beverage serving establishments are subject to a Conditional Use Permit.In considering the granting of a Conditional Use Permit,general criteria for all uses shall be made pursuant to HBMC Section 17.40.020. General Criteria for all CUP uses. 1.Distance from existing residential uses: The subject site property is located approximately 20 feet away from the closest residential property as measured from the end of the commercial property line to the beginning of the nearest residential property line. Potentially negative effects from the scope of the CUP include potential noise or rowdy behavior from patrons due to the sale and service of alcoholic beverages. 2.The amount of existing or proposed off-street parking facilities, and its distance from the proposed use: City of Hermosa Beach Printed on 5/22/2024Page 3 of 7 powered by Legistar™41 Staff Report REPORT 24-0215 The project site currently has one parking space on the property and one space will remain after the completion of work. The business is permitted to contain no more than four entertainment amusement machines and is classified as a general retail commercial use, resulting in no net change in the parking demand as compared to the prior dry-cleaning use. Furthermore, the project site is exempt from providing any additional off-street parking due to Hermosa Beach Municipal Code Sections 17.44.015 (C)(1) & (D)(1). These code sections allow for no new parking to be provided for the first 5,000 square feet of ground floor, non- residential, non-office, and non-late night alcohol establishment uses. While alcohol is being proposed with the CUP request, the parking exemption still applies because the establishment will not be considered late-night due to the proposed closing time of 10 p.m. In summary, the approval of this CUP would not alter the parking requirement or number of spaces. 3.Location of and distance to churches, schools, hospitals, and public playgrounds: The subject site is located approximately 0.6 miles to the nearest school (Hermosa Valley School), approximately 6.7 miles from the nearest hospital (Kindred Hospital), approximately 0.3 miles from the nearest church (Christian Science Church), and 0.6 miles from the nearest public playground (South Park). The presence of this establishment will not have a significant effect on these uses. 4.The combination of uses proposed: The corridor along Hermosa Ave is currently comprised of a variety of retail, restaurant, and personal service type uses. This new driving simulator business along with on-sale alcohol would be consistent with the type of uses currently in the adjacent vicinity. This use was also found to be similar to the pool and billiard hall use classification which is currently allowed by right in C-2 and C-3 zones in a determination of the Community Development Director. The Planning Commission must also approve any substantial modifications to the approved floor plan pursuant to Condition #1 of the draft resolution. 5.Precautions taken by the owner or operator of the proposed establishment to assure the compatibility of the use with surrounding uses: Due to the sale and service of alcohol, there is a potential for boisterous and rowdy behavior by patrons of the business. However, the proposed establishment intends to close at 10 p.m. and is not proposing to sell liquor or distilled spirits. These considerations/precautions will help ensure that the establishment is compatible with the surrounding commercial and residential uses and will not contribute to an increase in late-night alcohol-serving establishments. 6.The relationship of the proposed business-generated traffic volume and the size of streets serving the area: There will not be a greatly increased volume of traffic as a result of the approval of this project. This proposal is consistent with similar other commercial establishments in the surrounding area and does not feature any characteristics that would result in an unusual or disproportionate traffic impact. 7.The number of similar establishments or uses within close proximity to the proposed City of Hermosa Beach Printed on 5/22/2024Page 4 of 7 powered by Legistar™42 Staff Report REPORT 24-0215 establishment: The subject site is surrounded by a variety of food, beverage, fitness, retail, and personal service type uses. While many businesses have similar components in the surrounding area such as alcohol service, none offer controlled simulation experiences such as what is being offered at this site. 8.Noise, odor, dust and/or vibration that may be generated by the proposed use: Potentially negative effects from the scope of the CUP include potential noise or rowdy behavior from patrons due to the sale and service of alcoholic beverages. 9.Impact of the proposed use to the city’s infrastructure, and/or services: The sale of alcoholic beverages has the potential to impact public safety services. However, the establishments’ sale of alcoholic beverages will be limited to beer only in contrast to the other alcohol-serving establishments in the surrounding area that offer distilled spirits. The lower ABV content of the beverages sold on site is expected to result in a reduced demand for public safety services relative to surrounding establishments due to the lessened potential for patrons to reach heightened levels of intoxication. 10.Will the establishment contribute to a concentration of similar outlets in the area: The subject site is surrounded by a variety of food, beverage, fitness, retail, and personal service type uses. While many businesses have similar business components in the surrounding area such as on-sale alcohol, none offer controlled driving simulation experiences such as what is being offered at this site. Furthermore, the alcohol serving business component is considered secondary to the primary use of the simulator experiences. 11.Other considerations that, in the judgment of the planning commission, are necessary to assure compatibility with the surrounding uses, and the city as a whole. As a result of the Planning Commission’s deliberations at the April 16, 2024, meeting, conditions of approval have been included in the draft resolution which prohibit minors 12 years of age or younger from receiving goods or services from the establishment unless accompanied by an adult age 18 years or older. The hours of operation shall be limited to 10 a.m.-10 p.m. daily and from 5 a.m. to 10 p.m. on officially designated Formula 1 racing days in which the owner shall furnish the City with a written schedule of early opening days at least three (3) weeks in advance of the planned early opening. General Plan Consistency: This report and associated recommendation have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below: General Plan Consistency Land Use Element Findings Goal 1.Create a sustainable urban form and land use patterns that support a robust economy and high quality of life for residents. The proposal put forth is consistent with policy 1.5, as the project promotes quality coastal uses, with minimal impact to adjacent residential properties. Specifically, the project proposes serving alcohol to registered guests and their guests only, ensuring visitors can enjoy the full accommodations of a hotel without generating a nuisance for adjacent residential properties. Policy 1.7 Balance resident and visitor needs.Ensure land uses and businesses provide for the needs of residents as well as visitors. Goal 3.A series of unique, destination- oriented districts throughout Hermosa Beach This project contributes to a diverse retail landscape by offering residents and visitors a brand-new high-tech recreation/retail center which is currently not offered anywhere in the City or surrounding area. Policy 3.3 Provide incentives to transform existing single-use commercial properties that are accessible into retail destinations by adding a diversity of uses, providing new pedestrian connections to adjacent residential areas, reducing the visual prominence of parking lots, making the centers more pedestrian-friendly and enhancing the definition and character of street frontage and associated streetscapes. City of Hermosa Beach Printed on 5/22/2024Page 5 of 7 powered by Legistar™43 Staff Report REPORT 24-0215General Plan Consistency Land Use Element Findings Goal 1.Create a sustainable urban form and land use patterns that support a robust economy and high quality of life for residents. The proposal put forth is consistent with policy 1.5, as the project promotes quality coastal uses, with minimal impact to adjacent residential properties. Specifically, the project proposes serving alcohol to registered guests and their guests only, ensuring visitors can enjoy the full accommodations of a hotel without generating a nuisance for adjacent residential properties. Policy 1.7 Balance resident and visitor needs.Ensure land uses and businesses provide for the needs of residents as well as visitors. Goal 3.A series of unique, destination- oriented districts throughout Hermosa Beach This project contributes to a diverse retail landscape by offering residents and visitors a brand-new high-tech recreation/retail center which is currently not offered anywhere in the City or surrounding area. Policy 3.3 Provide incentives to transform existing single-use commercial properties that are accessible into retail destinations by adding a diversity of uses, providing new pedestrian connections to adjacent residential areas, reducing the visual prominence of parking lots, making the centers more pedestrian-friendly and enhancing the definition and character of street frontage and associated streetscapes. Environmental Determination: Pursuant to the California Environmental Quality Act (CEQA),the proposed project qualifies for a Class 1 categorical exemption,Existing Facilities,as defined in section 15301 of the CEQA Guidelines,as the scope of the CUP would not affect the physical condition of the site.Moreover, none of the exceptions to the categorical exemption(s)apply,nor would the project result in a significant cumulative impact of successive projects of the same type in the same place over time or have a significant effect on the environment due to unusual circumstances or damage a scenic highway or scenic resources within a state scenic highway. Public Notification: Public notice was given for the April 16,2024,hearing by the Planning Commission;a total of 768 public hearing notices were mailed to the applicant,and occupants and property owners of properties City of Hermosa Beach Printed on 5/22/2024Page 6 of 7 powered by Legistar™44 Staff Report REPORT 24-0215 public hearing notices were mailed to the applicant,and occupants and property owners of properties within a 500-foot radius on April 3,2024.A legal ad was published on April 4,2024,in the Easy Reader,a newspaper of general circulation.Additionally,the applicant received a notice poster to post on-site and provided proof of posting a minimum of ten days in advance of the April 16 public hearing,in accordance with HBMC Section 17.68.050.A separate public notice for the Resolution was not required by the Planning Commission. Attachments: 1.Draft Resolution #24-05 2.Link to Project Plans 3.Police Department Review Memorandum 4.Link to December 12, 2023, City Council meeting 5.Link to April 16, 2024, Planning Commission meeting 6.SUPPLEMENTAL - Raymond Dussault eComment 5/21/24 Respectfully Submitted by: Jake Whitney, Assistant Planner Concur:Alexis Oropeza, Planning Manager Legal Review: Patrick Donegan, City Attorney Approved: Carrie Tai, AICP, Community Development Department City of Hermosa Beach Printed on 5/22/2024Page 7 of 7 powered by Legistar™45 CITY OF HERMOSA BEACH RESOLUTION NO. 24-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DETERMINING THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), AND APPROVING A CONDITIONAL USE PERMIT (CUP 24-03), ALLOWING FOR THE ON-SALE CONSUMPTION OF ALCOHOL (BEER ONLY) AT 1048 HERMOSA AVENUE IN THE DOWNTOWN COMMERCIAL (C-2) ZONE WHEREAS, an application was filed on February 8, 2024, by the applicant Chris Frantz of Formula Racing Partners LLC, for a Conditional Use Permit located at 1048 Hermosa Avenue, to allow the sale of beer for on-site consumption. WHEREAS, the Planning Commission conducted a duly noticed public hearing to consider the subject application on April 16, 2024 at which time testimony and evidence, both written and oral, was presented to and considered by the Planning Commission. WHEREAS, the Planning Commission directed staff to return to the Commission with a resolution of approval subject to conditions at the May 21, 2024 meeting. WHEREAS, the proposed project is Categorically Exempt from the California Environmental Quality Act as defined in Section 15301, Class 1 Categorical Exemption, Existing Facilities. More specifically, the approval of the Conditional Use Permit results in no physical change to the existing structure. Moreover, none of the exceptions to the Categorical Exemptions apply, nor will the project result in a significant cumulative impact of successive projects of the same type in the same place over time or have a significant effect on the environment due to unusual circumstances or damage a scenic highway or scenic resources within a state scenic highway. The site is not located on a hazardous waste site and will not cause a substantial adverse change in the significance of a historical resource. WHEREAS, based on the testimony and evidence received, the Planning Commission hereby further finds, determines and declares the following pertaining to the application for a Conditional Use Permit. In considering the granting of a Conditional Use Permit, general criteria for all uses shall be made pursuant to HBMC Section 17.40.020. General Criteria for all CUP uses. 1. Distance from existing residential uses: The subject site property is located approximately 20 feet away from the closest residential property as measured from the end of the commercial property line to the beginning of the nearest residential property line. Potentially negative effects 46 from the scope of the CUP include potential noise or rowdy behavior from patrons due to the sale and service of alcoholic beverages. 2. The amount of existing or proposed off-street parking facilities, and its distance from the proposed use: The project site currently has one parking space on the property and one space will remain after the completion of work. The business is permitted to contain no more than four entertainment amusement machines and is classified as a general retail commercial use, resulting in no net change in the parking demand as compared to the prior dry-cleaning use. Furthermore, the project site is exempt from providing any additional off-street parking due to Hermosa Beach Municipal Code Sections 17.44.015 (C)(1) & (D)(1). These code sections allow for no new parking to be provided for the first 5,000 square feet of ground floor, non- residential, non-office, and non-late night alcohol establishment uses. While alcohol is being proposed with the CUP request, the parking exemption still applies because the establishment will not be considered late-night due to the proposed closing time of 10 p.m. In summary, the approval of this CUP would not alter the parking requirement or number of spaces. 3. Location of and distance to churches, schools, hospitals, and public playgrounds: The subject site is located approximately 0.6 miles to the nearest school (Hermosa Valley School), approximately 6.7 miles from the nearest hospital (Kindred Hospital), approximately 0.3 miles from the nearest church (Christian Science Church), and 0.6 miles from the nearest public playground (South Park). The presence of this establishment will not have a significant effect on these uses. 4. The combination of uses proposed: The corridor along Hermosa Ave is currently comprised of a variety of retail, restaurant, and personal service type uses. This new driving simulator business along with on-sale alcohol would be consistent with the type of uses currently in the adjacent vicinity. This use was also found to be similar to the pool and billiard hall use classification which is currently allowed by right in C-2 and C-3 zones in a determination of the Community Development Director. The Planning Commission must also approve any substantial modifications to the approved floor plan pursuant to Condition #1 of the draft resolution. 5. Precautions taken by the owner or operator of the proposed establishment to assure the compatibility of the use with surrounding uses: Due to the sale and service of alcohol, there is a potential for boisterous and rowdy behavior by patrons of the business. However, the proposed establishment intends to close at 10 p.m. and is not proposing to sell liquor or distilled spirits. These considerations/precautions will help ensure that the establishment is compatible with the surrounding commercial and residential uses and will not contribute to an increase in late-night alcohol-serving establishments. 47 6. The relationship of the proposed business-generated traffic volume and the size of streets serving the area: There will not be a greatly increased volume of traffic as a result of the approval of this project. This proposal is consistent with similar other commercial establishments in the surrounding area and does not feature any characteristics that would result in an unusual or disproportionate traffic impact. 7. The number of similar establishments or uses within close proximity to the proposed establishment: The subject site is surrounded by a variety of food, beverage, fitness, retail, and personal service type uses. While many businesses have similar components in the surrounding area such as alcohol service, none offer controlled simulation experiences such as what is being offered at this site. 8. Noise, odor, dust and/or vibration that may be generated by the proposed use: Potentially negative effects from the scope of the CUP include potential noise or rowdy behavior from patrons due to the sale and service of alcoholic beverages. 9. Impact of the proposed use to the city’s infrastructure, and/or services: The sale of alcoholic beverages has the potential to impact public safety services. However, the establishments’ sale of alcoholic beverages will be limited to beer only in contrast to the other alcohol-serving establishments in the surrounding area that offer distilled spirits. The lower ABV content of the beverages sold on site is expected to result in a reduced demand for public safety services relative to surrounding establishments due to the lessened potential for patrons to reach heightened levels of intoxication. 10. Will the establishment contribute to a concentration of similar outlets in the area: The subject site is surrounded by a variety of food, beverage, fitness, retail, and personal service type uses. While many businesses have similar business components in the surrounding area such as on-sale alcohol, none offer controlled driving simulation experiences such as what is being offered at this site. Furthermore, the alcohol serving business component is considered secondary to the primary use of the simulator experiences. 11. Other considerations that, in the judgment of the planning commission, are necessary to assure compatibility with the surrounding uses, and the city as a whole. As a result of the Planning Commission’s deliberations at the April 16, 2024, meeting, conditions of approval have been included in the draft resolution which prohibit minors 12 years of age or younger from receiving goods or services from the establishment unless accompanied by an adult age 18 years or older. The hours of operation shall be limited to 10 a.m.-10 p.m. daily and from 5 a.m. to 10 p.m. on officially designated Formula 1 racing days in which the owner shall furnish 48 the City with a written schedule of early opening days at least three (3) weeks in advance of the planned early opening. SECTION 1. Based on the foregoing, the Planning Commission hereby approves Conditional Use Permit 24-03 for the sale of beer for on-site consumption as set forth in Planning Commission Resolution 24-05 subject to the following Conditions of Approval: 1. The development and continued use of the property shall be in conformance with submitted plans received and reviewed by the Planning Commission at its meeting of April 16, 2024, in accordance with the conditions below. The Community Development Director may approve minor modifications that do not otherwise conflict with the HBMC or requirements of this approval. Any changes to the interior and/or exterior floorplan that would substantially alter the on-site use and associated operation shall be subject to review and approval of the Planning Commission. 2. The project shall fully comply with all requirements of the C-2 Zone, as applicable, of the Municipal Code. 3. The project shall comply with all requirements of the City of Hermosa Beach Building Division, Public Works Department, Los Angeles County Fire Department, California Department of Alcoholic Beverage Control, Los Angeles County Health Department, California Disabled Access Standards (Government Code Title 24), and Los Angeles County National Pollutant Discharge Elimination System Permit (NPDES)and the HBMC. 4. The subject property shall be developed, maintained, and operated in full compliance with the conditions of this permit and any law, statute, ordinance or other regulation applicable to any development or activity on the subject property. Failure of the permittee to cease any development or activity not in full compliance shall be a violation of these conditions. 5. This approval shall not be effective for any purposes until the permittee and the owners of the property involved have filed at the office of the Planning Division of the Community Development Department their affidavits stating that they are aware of, and agree to accept, all of the conditions of this grant. The Conditional Use Permit shall be recorded, and proof of recordation shall be submitted to the Community Development Department prior to commencement of alcohol sales. 6. Approval of this permit shall expire twenty-four (24) months from the date of approval by the Planning Commission unless significant construction or improvements or the use authorized hereby has commenced. One or more extensions of time may be requested. No extension shall be considered unless 49 requested, in writing to the Community Development Director including the reason therefore, at least 60 days prior to the expiration date. No additional notice of expiration shall be provided. 7. The permitted hours of operation shall be from 10 a.m. - 10 p.m. daily and from 5 a.m. - 10 p.m. on officially scheduled Formula 1 racing days as requested by the business owner or designee and approved by the Community Development Director. a. The business owner or designee shall furnish the City with a written schedule of days in which the establishment plans to open prior to 10 a.m. a minimum of (3) weeks in advance of the planned early opening. In the event the Community Development Director denies any such request, that decision shall be final. 8. Live entertainment shall be prohibited unless otherwise permitted by the City. 9. Noise emanating from the property shall be within the limitations prescribed by the City’s Noise Ordinance (Hermosa Beach Municipal Code Chapter 8.24). 10. The business shall not adversely affect the welfare of the residents, and/or commercial establishments nearby. 11. The applicant shall be prohibited from installing any reflective tint on any exterior surface of the building. 12. The business shall prevent loitering, unruliness, and boisterous activities of the patrons outside the business or in the immediate area. 13. The exterior of the business shall be maintained in a neat and clean manner and maintained free of graffiti at all times. The removal of all graffiti from the walls, fences, pavement, or buildings within twenty-four hours of discovery of its appearance on the property is required. 14. The following signs shall be posted in a conspicuous location in a readily visible manner, warning patrons of the illegality of selling/providing alcoholic beverages to persons loitering and drinking within the public realm. a. “No Loitering or Public Drinking.” b. “It is illegal to possess an open container of alcohol in the vicinity of this establishment.” 15. The approved sale of alcohol is limited to beer only and off-site sales are explicitly prohibited. 50 16. No alcoholic beverages shall be sold from any temporary locations on the premises such as ice tubs, barrels, or any other containers. 17. Any patron 12 years of age or younger must be accompanied by an adult aged 18 years or older in order to receive goods or services provided by the establishment. 18. A manager who is aware of the conditions of this Conditional Use Permit shall be on the premises during business hours. The Conditional Use Permit shall be maintained on the premises in a location where employees can easily read the conditions. 19. The project site shall be the point-of-sale for the purpose of collecting any sales tax on goods that are sold, delivered or rented on the site. 20. The Planning Commission may review this Conditional Use Permit and may amend the subject conditions or impose any new conditions if deemed necessary to mitigate any detrimental effects on the neighborhood resulting from the subject use. 21. Under no circumstances shall furniture or other interior/exterior improvements be rearranged from the floor plan attached to the CUP to accommodate dancing, additional entertainment, or greater occupant load absent approval by the Chief of Police, or the Planning Commission. 22. The business shall install and maintain a video surveillance system that monitors within the interior of the business and the Immediate Area. The video system must be capable of delineating on playback the activity and physical features of persons and areas within the premises and Immediate Area. Recordings shall be retained for a minimum of sixty (60) days and video will be available to Police Department upon request. All video security cameras shall be installed to the satisfaction of the Chief of Police. At the discretion of the Chief of Police, Licensee may be required to add additional video cameras. 23. In addition to any other remedy provided by law, if the business operating pursuant to this CUP violates any condition of this CUP, the Police Chief or designee may meet and confer with the business to clarify the reason for the violation and to formulate a course of action to mitigate the risk for any future violation. If the business operating pursuant to this CUP continues to violate this CUP (i.e., either a repeat violation or another violation) within any six (6) month period following a meet and confer with the Police Chief, then, at the sole discretion of the Police Chief, modified or additional operational requirements may be imposed by the Police Chief to curtail the violations until the time that the matter is brought before the Planning Commission. These modified or additional operational requirements include, but are not limited to, a 51 reduction in operating hours, required number of staff members during operating hours, additional training for existing staff, and/or any other measures deemed appropriate by the Police Chief. The Planning Commission shall consider any modification or additional requirement(s) imposed by the Police Chief during its discussion of the matter. The Police Chief’s determination will remain in effect until considered by the Planning Commission. 24. To the extent permitted by law, Permittee shall defend, indemnify and hold harmless the City of Hermosa Beach, its City Council, its officers, employees and agents (the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void any permit or approval for this project authorized by the City, including (without limitation) reimbursing the City its actual attorney’s fees and costs in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. The permittee shall reimburse the City for any court and attorney's fees which the City may be required to pay as a result of any claim or action brought against the City because of this permit. Although the permittee is the real party in interest in an action, the City may, at its sole discretion, participate at its own expense in the defense of the action, but such participation shall not relieve the permittee of any obligation under this condition. 25. Each of the above conditions is separately enforced, and if one of the conditions of approval is found to be invalid by a court of law, all the other conditions shall remain valid and enforceable. SECTION 2. 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: NOES: ABSTAIN: ABSENT: 52 CERTIFICATION I hereby certify the foregoing Resolution PC 24-05 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California, at its regular meeting of May 21, 2024. ____________________________ _________________________ Peter Hoffman, Chair Carrie Tai, Secretary 53 HERMOSA BEACH POLICE DEPARTMENT MEMORANDUM To: Community Development Director Carrie Tai Assistant Planner Jake Whitney CC: Chief Paul LeBaron Captain Landon Phillips From: Captain Mick Gaglia Date: March 6, 2024 Re: Drive South Bay CUP & PDP Application The Police Department has reviewed the Conditional Use Permit (CUP) Application and Precise Development Plan for DRIVE South Bay and has concerns about the proposed application. The proposed application will impact the quality-of-life issues in the downtown Pier Plaza area and the ability for the Police Departments to provide citywide public safety. DRIVE South Bay is located at 1048 Hermosa Avenue, in an area with a very high concentration of late-night alcohol serving establishments. The area commonly known as “Pier Plaza” is within Reporting District (RD) B105 and B106. RD’s B105 and B106 is the area from 10th Street to 14th Street, and from The Strand to Manhattan Ave. B105 and B106 combined equals 1.58% of the total area of the city. This relatively small area of the city consists of multiple late-night alcohol serving establishments which creates an attraction for nuisance and other criminal behavior. In 2022, the Police Department received 23,047 calls for service (CFS). Of those CFS, 4,169 (18.1%) were from the Pier Plaza area. That pattern remained consistent in 2023. From January 1, 2023, thorough the end of November, 17.75% of all calls in the city were generated in the Pier Plaza area. DRIVE South Bay is within 400 ft of the Pier Plaza and is located in the RD B105 zone. The most common days for CFS are Friday, Saturday and Sunday. The most common time for CFS in the Pier Plaza area is between 8:00pm – 4:00am. In 2022, there were 2,443 CFS (58.6%) in the Pier Plaza area during this time frame. This is a direct correlation to the late-night, alcohol serving establishments which operate after midnight and maintain an attraction for nuisance and criminal behavior. 54 Citywide Public Safety Pier Plaza area requires a disproportionate amount of police service when compared to the rest of the city. Nearly 20% of CFS are generated in the Pier Plaza area. When officers are required to focus on incidents in the Pier Plaza area, it takes away the ability to conduct patrol and provide police service to the other areas of the city. In 2022, the Police Department made 128 arrests for Driving Under the Influence. The most common time for DUI arrest is between 12:00am and 3:00am with 54% of DUI arrests occurring during this time period. The most common days for DUI arrests are Friday and Saturday nights (early Saturday and Sunday mornings). During these peak periods, officers commonly respond to DUI collisions and investigations. When officers are responding to large crowds of people who are intoxicated, fighting and violating quality of life crimes in Pier Plaza, they are not able to conduct patrol to address significant crime issues in the city including DUI, which is most prevalent during the late-night hours. Pier Plaza Area Quality-of-Life Issues The Pier Plaza area creates an attraction for violent and criminal behavior. In 2022, 45% of citywide assaults occurred in the Pier Plaza area. From January 1, 2023, through the end of November, 31.6% of citywide assaults occurred in the Pier Plaza area. In 2022, 40.7% of citywide public intoxication arrests occurred in the Pier Plaza area. This pattern remained consistent in 2023 with 38.6% of all public intoxication arrests occurring in the Pier Plaza area. A common public nuisance problem, which affects residents, businesses and the entire community are the people who come to Pier Plaza during the late-night hours and urinate in public spaces after drinking in excess. In 2022, the Police Department issued 76 citations for urinating in public and nearly all those citations (96%) occurred in the downtown area. This pattern remained consistent in 2023 with 85.7% of all citations for urinating in public occurring in the Pier Plaza area. The Police Department receives complaints about trash, urine and feces impacting the quality of life of residents and businesses who serve the morning and daytime needs of the Hermosa Beach community. The complaints are direct results of the patrons who frequent late night establishments and continue their actions, during late night hours, in public parking lots, beaches, and streets around Pier Plaza. The addition of another location serving alcohol will most likely result in increased patrons during late night hours, which will diminish the quality of life for residents and others who use this public space. The Police Department does not have the resources to effectively manage these types of crime on a regular, ongoing basis. 55 Recommendations The Hermosa Beach Police Department does not support the addition of an ABC license for any business in the Pier Plaza area where these is currently a heavy saturation of alcohol serving establishments. If any ABC license is approved, the Police Department recommends the following conditions to be added to the CUP for DRIVE South Bay. General: 1. The business shall be maintained and operated in full compliance with the conditions of this CUP and any law, statute, ordinance, or other regulation hereafter adopted that is applicable to any development or activity on the subject property. Failure of the permittee to cease any development or activity not in full compliance shall be a violation of these conditions. 2. Approval of this permit shall expire twenty-four (24) months from the date of approval by the Planning Commission unless significant construction or improvements or the use authorized hereby has commenced. 3. Prior to the expiration of this approval, the permittee may request an extension of time. No extension shall be considered unless requested, in writing to the Community Development Director including the reason therefore, at least 60 days prior to the expiration date. No additional notice of expiration will be provided. 4. This use shall be considered expired if the use for which this Conditional Use Permit was granted ceased or was suspended for at least 180 successive days. 5. The project shall be substantially consistent with the application submitted and approved by the Planning Commission on (Date of PC Hearing). 6. The Planning Commission may review this Conditional Use Permit and may amend the subject conditions or impose any new conditions if deemed necessary to mitigate detrimental effects on the neighborhood resulting from the subject use. 7. The business shall not adversely affect the welfare of the residents, and/or commercial establishments nearby. 8. The business shall maintain in conformance with all other applicable City of Hermosa Beach and regulatory agency requirements and standards, including but not limited to: California Department of Alcoholic Beverage Control, Los Angeles County Health Department, California Disabled Access Standards (Government Code Title 24), and Los Angeles County National Pollutant Discharge Elimination System Permit (NPDES). 56 9. Notwithstanding the structure occupant load limits under the Building Code, each customer in the business shall have an available seat at a table or counter, in substantial conformance with the floor plan and seating plan included as an attachment to the staff report. Customers are permitted to freely move around the business and are not required to be seated at all times; however, each customer shall have an available seat. 10. The business shall utilize an electronic method of reservation management to text or otherwise electronically notify patrons when the business is able to accommodate them without the patrons gathering in the immediate area. Premises: 11. The business shall prevent loitering, unruliness, and boisterous activities of the patrons outside the business or in the immediate area. 12. The exterior of the business shall be maintained in a neat and clean manner and maintained free of graffiti at all times. The removal of all graffiti from the walls, fences, pavement, or buildings within twenty-four hours of discovery of its appearance on the property is required. 13. Any changes to the interior and/or exterior floorplan shall be subject to review and approval of the Planning Commission. a. The following signs shall be posted in a conspicuous location in a readily visible manner, warning patrons of the illegality of selling/providing alcoholic beverages to persons loitering and drinking within the public realm. b. “No Loitering or Public Drinking” c. “It is illegal to possess an open container of alcohol in the vicinity of this establishment” Operations: 14. The permitted hours of operation shall be 4:00 p.m. to 9:00 p.m. Wednesday-Friday. The permitted hours of operation shall be 11:00 a.m. to 9:00 p.m. Saturday-Sunday 15. A manager who is aware of the conditions of this Conditional Use Permit shall be on the premises during business hours. The Conditional Use Permit shall be maintained on the premise in a location where employees can easily read the conditions. 16. The project site shall be the point-of-sale for the purpose of collecting any sales tax on goods that are sold, delivered or rented on the site. 17. No alcoholic beverages shall be sold from any temporary locations on the premises such as ice tubs, barrels, or any other containers. 18. Under no circumstances shall furniture or other interior/exterior improvements be rearranged from the floor plan attached to the CUP to accommodate dancing, additional entertainment, or greater occupant load absent approval by the Chief of Police, or the Planning Commission. 57 19. Live entertainment shall be prohibited unless otherwise permitted by the City. 20. Noise emanating from the property shall be within the limitations prescribed by the City’s Noise Ordinance (Hermosa Beach Municipal Code Chapter 8.24). 21. The business shall install and maintain a video surveillance system that monitors within the interior of the business and the Immediate Area. The video system must be capable of delineating on playback the activity and physical features of persons and areas within the premises and Immediate Area. Recordings shall be retained for a minimum of sixty (60) days and video will be available to Police Department upon request. All video security cameras shall be installed to the satisfaction of the Chief of Police. At the discretion of the Chief of Police, Licensee may be required to add additional video cameras. 22. The Police Chief may determine that where a continuing police problem exists, the matter may be subject to appeal to the Planning Commission who will consider solutions to resolve the matter which may include, but not limited to, the presence of a Police approved doorman and/or security personnel to eliminate the problem. An appeal to the Planning Commission shall be heard within sixty (60) days of filing the appeal. The Police Chief’s determination will not be stayed during the pendency of the appeal. If the problem persists, the Police Chief then shall submit a report to the Planning Commission, which will automatically initiate a review of the conditional use permit. 23. In addition to any other remedy provided by law, if the business operating pursuant to this CUP violates any condition of this CUP, the Police Chief or designee may meet and confer with the business to clarify the reason for the violation and to formulate a course of action to vitiate the risk for any future violation. If the business operating pursuant to this CUP continues to violate this CUP (i.e., either a repeat violation or another violation) within any six (6) month period following a meet and confer with the Police Chief, then, at the sole discretion of the Police Chief, modified or additional operational requirements may be imposed by the Police Chief to curtail the violations. These modified or additional operational requirements include, but are not limited to, a reduction in operating hours, required number of staff members during operating hours, additional training for existing staff, and/or any other measures deemed appropriate by the Police Chief. An appeal may be filed to the Planning Commission for any modification or additional operational requirement(s) imposed by the Police Chief. However, the Police Chief’s determination will not be stayed during the pendency of the appeal. The Hermosa Beach Police Department supports the growth of business and for DRIVE South Bay to operate as a driving simulation experience. By accepting the recommended conditions, DRIVE South Bay can establish a new entertainment business and provide non-alcoholic beverages. The recommended conditions are necessary to address consistent public safety issues which reflect an accumulation of multiple businesses operating in the immediate area serving alcohol and creating an attraction for nuisance and other criminal behavior. 58 Raymond Dussault To the Hermosa Beach Planning Commission: Seven or eight years ago, Hermosa Beach, prompted by the Planning Commission, instituted a no alcohol intensification policy. While this ordinance was well-intentioned and has helped prevent Hermosa from becoming the French Quarter of the South Bay, it has also been misused as a roadblock against businesses. This includes the H2O Hotel application, which has faced inappropriate rejection, as well as being an excuse to shut down patio dining and initiate the widely criticized Late Night Alcohol Ordinance. While avoiding new nightclub uses in Hermosa has its benefits, it is equally important to support responsible, locally-owned businesses like those on the Pier and Hermosa Avenue, including new proposals like H2O and the Formula One Racing business. Recently, the Planning Commission has adopted a more open-minded approach that aligns with the original intent, enhances the community’s reputation, and brings value to Hermosa. Approving this amendment will benefit both the hotel and the wider community. In addition, the Formula One business is a unique and exciting use that is unlikely to lead to any issues. H2O has been a boon to the community and operated without issues. Other boutique hotels in the area operate lobby lounge areas without restrictions on guest status. Allowing H2O Hotel the same flexibility ensures fair competition and aligns with local business practices. I wholeheartedly support the applications of H2O and the Formula One Racing business. I look forward to seeing the Planning Commissioners continue to enhance the reputation of Hermosa by recommending approval of both CUP modification requests. 59 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 23-0663 Honorable Chair and Members of the Hermosa Beach Planning Commission Regular Meeting of May 21, 2024 PARKING PLAN (23-01) AND VARIANCE (23-03) FOR A NEW 975-SQUARE-FOOT SINGLE- FAMILY DWELLING WITH A VARIANCE TO ALLOW A NINE-FOOT GARAGE SETBACK INSTEAD OF 17 FEET, A VARIANCE TO ALLOW THE REQUIRED OPEN SPACE TO BE PROVIDED IN A DIFFERENT RATIO THAN REQUIRED, AND A PARKING PLAN TO ALLOW A RECONFIGURED GUEST PARKING SPACE AT 435 8TH STREET IN THE MULTIPLE-FAMILY RESIDENTIAL (R-3) ZONE, AND DETERMINE THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (Assistant Planner Johnathon Masi) Recommended Action: Staff recommends that the Planning Commission: 1.Determine the project is categorically exempt from the California Environmental Quality Act; 2.Approve a Variance to allow a nine-foot setback instead of the required 17-foot setback; 3.Approve a Variance to allow a reconfiguration of the required open space ratio,to allow more than 100 square feet to be counted on a roof deck; and 4.Approve a Parking Plan to allow a reconfiguration of the required guest parking,to allow a space parallel to the garage door. Executive Summary: The applicant requests a Parking Plan and Variance,to allow a new single-family residence with a less than required garage setback,reconfigured ratio of required open space split between the roof deck and outdoor space adjacent to the main living area,and for guest parking space in an alternate configuration.Staff recommends the Planning Commission approve the requested Parking Plan and Variance, subject to conditions. Background: The subject property fronts on the north side of 8th Street,between Loma Drive and Cypress Avenue.The lot is 40.40 feet deep and 25 feet wide,totaling 1,010 square feet in lot area.The existing single-story structure constructed in 1923 is 480 square feet,with a porch partially extending beyond the front property line onto the portion of the public right-of-way developed with a sidewalk. The property has no on-site parking and no existing curb cut or driveway.The last building permit was issued in 1979,when the porch was constructed.The property is nonconforming to front and City of Hermosa Beach Printed on 5/21/2024Page 1 of 13 powered by Legistar™60 Staff Report REPORT 23-0663 was issued in 1979,when the porch was constructed.The property is nonconforming to front and rear yard setbacks, off-street parking, and open space requirements. An application for preliminary review of project plans was submitted April 13,2023.Staff provided comments May 2,2023,including indicating entitlements were required for projects deficient to standards as specified by Title 17 of the Hermosa Beach Municipal Code (HBMC).An application for a Parking Plan and Variance was submitted on August 21, 2023. Site Information Table: The following table describes the existing site characteristics. Site Information General Plan High Density Residential (HD) Zoning Multiple-Family Residential (R-3) Lot Size 1,010 sq. ft. Existing Square Footage 480 sq. ft. Surrounding Zoning North:R-3 East:R-3 South:R-2 and R-3 West:R-3 Surrounding Uses North:Single-Family East:Single-Family South:Single-Family, Multi-Family West:Multi-Family Project Description: The project would demolish the existing single-story residence and redevelop the site with a new 975 -square foot single-family residence,consisting of four floors,including the first-floor garage,a basement,and a roof deck.The first floor would house the two-car garage,and an entryway to the floors of the principal residence above.The second floor would consist of two bedrooms,a bathroom, and a small balcony accessible from the main bedroom.The third floor would contain the kitchen, living room,a bathroom,and an 82-square-foot deck space.The project also proposes a 260-square- foot roof deck.The basement would be accessible through the entryway facing the western property line.The basement would house an attached,studio accessory dwelling unit;the Accessory Dwelling Unit (ADU)requires a ministerial approval in accordance with state law (Government Code Section City of Hermosa Beach Printed on 5/21/2024Page 2 of 13 powered by Legistar™61 Staff Report REPORT 23-0663 66314) which is outside the scope of this application. The project proposes a nine-foot garage setback,with a guest parking space located parallel to the garage.Additionally,a new 16-foot-wide driveway and curb cut are proposed.The curb on 8th Street in front of the subject property is painted red,prohibiting public parking.Accordingly,the new curb cut does not eliminate on-street parking. The project as proposed is the result of ongoing discussions between staff and the applicant.The project attempts to satisfy development standards where possible,and,where not possible,develop the property in a manner that meets the intent of the code and is consistent with PLAN Hermosa. Discussion: The proposed project is subject to development standards,as outlined by Hermosa Beach Municipal Code (HBMC)Chapter 17.16 -R-3 Multiple-Family Residential Zone.Additionally,the project is subject to HBMC Chapter 17.21 -Accessory Dwelling Units.Consistent with state law,the ADU design is subject to the development standards described below,and because of its consistency with these requirements,is subject to ministerial review only.The development standards are provided to holistically understand the project proposed. Criteria Required Provided LOT STANDARDS: Minimum Lot Area 4,000 sq. ft.1,010 sq. ft. (existing)1 Lot Coverage Maximum 65%57% HEIGHT:30 ft.29.98 ft. YARDS: Front 4 ft.5 ft. Side 3 ft.3 ft. Rear 5 ft./3 ft.5 ft./3 ft. PARKING: Total Parking Spaces Minimum 3 spaces 3 spaces Garage Spaces Minimum 2 spaces 2 spaces Guest Space Minimum2 (When accessed by a street) 1 space, perpendicular to garage opening 1 space, parallel to garage opening Driveway Slope 12.5% maximum 8% Garage Setback 17 ft.9 ft. OPEN SPACE3: Roof Deck 100 sq. ft. maximum 260 sq. ft. with variance Directly accessible to Primary Living Area 100 sq. ft. minimum 82 sq. ft. with variance Total Open Space 300 sq. ft. minimum 342 sq. ft. with variance ACCESSORY DWELLING UNIT Size 850 sq. ft. maximum 495 sq. ft. Setbacks 25 ft. front/4 ft. sides Below Grade Height 16 ft. maximum Below Grade 1 Substandard lot size may be retained, pursuant to HBMC 17.46.200 2 Subject of requested Variance Subject of requested Parking Plan City of Hermosa Beach Printed on 5/21/2024Page 3 of 13 powered by Legistar™62 Staff Report REPORT 23-0663 Criteria Required ProvidedLOT STANDARDS:Minimum Lot Area 4,000 sq. ft.1,010 sq. ft. (existing)1Lot Coverage Maximum 65%57%HEIGHT:30 ft.29.98 ft.YARDS: Front 4 ft.5 ft. Side 3 ft.3 ft. Rear 5 ft./3 ft.5 ft./3 ft.PARKING:Total Parking Spaces Minimum 3 spaces 3 spacesGarage Spaces Minimum 2 spaces 2 spacesGuest Space Minimum2 (Whenaccessed by a street)1 space, perpendicular togarage opening 1 space, parallel to garageopening Driveway Slope 12.5% maximum 8% Garage Setback 17 ft.9 ft. OPEN SPACE3: Roof Deck 100 sq. ft. maximum 260 sq. ft. with variance Directly accessible to Primary Living Area 100 sq. ft. minimum 82 sq. ft. with variance Total Open Space 300 sq. ft. minimum 342 sq. ft. with variance ACCESSORY DWELLING UNIT Size 850 sq. ft. maximum 495 sq. ft. Setbacks 25 ft. front/4 ft. sides Below Grade Height 16 ft. maximum Below Grade 1 Substandard lot size may be retained, pursuant to HBMC 17.46.200 2 Subject of requested Variance Subject of requested Parking Plan The minimum lot size for newly created R-3 zoned lots is 4,000 square feet.The project site is 1,010 square feet.Staff reviewed all R-3 lots across the city and found the median lot size for the R-3 zone is 3,810 square feet.Attachment 5 includes a summary of R-3 lots by lot size,including the smallest and largest lot sizes,the median lot size,and the subject property lot size as reference.Additionally, the attachment includes a graph of Citywide R-3 lot sizes,excluding outliers.Of 1,747 R-3-zoned lots in the City,the subject property is the 15th smallest property and falls within the smallest one percent of R-3-zoned lots. Open Space: HBMC Section 17.16.080 requires a total of 300 square feet of usable open space per unit in the R-3 zone.A maximum of 100 square feet of required open space can be located on a roof deck,and a minimum 100 square feet of open space must be directly accessible to and on the same floor as the primary living area.The project proposes only 82 square feet adjacent to the primary living area on the third floor (18 square feet less than the minimum required),and 260 square feet of countable open space on the roof deck (160 square feet in excess to count towards the total required open space).In total,the project proposes 342 square feet.A variance is required to allow for a reduced amount of open space located directly accessible to the primary living area and allow a greater area of roof top open space to be counted toward the total minimum open space required. Off-Street Parking / Parking: HBMC Section 17.44.090 concerning off-street parking location,requires a garage to be set back 17 feet when fronting on a public street.The project site is a 1,010-square-foot lot located within the R-3 Zone.The property dimensions are 40.40 feet deep and 25 feet wide.To satisfy the required garage setback depth (17 feet),the interior garage dimensions (20 feet deep),and the required rear yard setback (5 feet),the lot depth would have to be 42 feet.The lot depth is 1.6 feet less than the minimum lot depth required to fit the garage in compliance with all setbacks,though access to living area above is not included.Per HBMC Section 17.44.100(B)(2),a guest parking space situated parallel to alleys and located behind a garage with a 9-foot setback shall have a minimum length of 22 feet.The project proposes satisfying the required parking dimensions for a guest space adjacent City of Hermosa Beach Printed on 5/21/2024Page 4 of 13 powered by Legistar™63 Staff Report REPORT 23-0663 22 feet.The project proposes satisfying the required parking dimensions for a guest space adjacent to an alley. Open Space: The project proposes 975 square feet of living area.If the project were to meet the required open space ratio,the total living area would be at most 975-200=775 square feet.As demonstrated by Attachment 5,the subject property would have a ratio of living area to open space equal to 2.5 square feet,where each 2.5 square feet for living area would have one-square-foot of open space (775 square feet living area divided by 300 square feet of open space).In comparison,the property with the median lot size for the R-3 Zone,182 2nd Street,developed with two condominiums,has a ratio of 18.5 square feet of living area for each square foot of open space (5,541 square feet living area divided by 300 square feet of open space).In addition,the property within the 0.9th percentile for lot size,132 Neptune Avenue,developed with a single-family residence,has an open space ratio of 18.73.Additionally,132 Neptune Avenue has one garage parking space,along with nonconforming setbacks, and open space. Similarly,the subject property provides a smaller floor area ratio (FAR)than other lots in the same zone.FAR describes the amount of living area compared to the lot size of the property.Of the example lots 182 2nd Street (median lot example)has a FAR of 1.45,and 132 Neptune Avenue (small lot example)has an FAR of 1.78,while the subject property proposes an FAR of 0.97. Providing open space in a conforming configuration would further limit the FAR of the subject property and would further separate the subject property from normal development patterns of the R- 3 zone. Findings: Variance: The purpose of the variance is to grant relief from the development standards when,“because of special circumstances applicable to the property,including size,shape,topography,location or surroundings,(where)the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.”Required findings for Variances are outlined by HBMC Section 17.54.020.The findings and analyses supporting the requested Variances are provided below. Exceptional circumstances applicable to the property involved; The project site is a 1,010-square-foot lot located within the R-3 Zone.Further,the property dimensions are 40.40 feet deep and 25 feet wide.As shown on Figure 1 of Attachment 3,to satisfy the required garage setback depth (17 feet),the interior garage dimensions (20 feet deep),and the required rear yard setback (5 feet),the lot depth would have to be 42 feet.The lot depth is 1.6 feet less than the minimum lot depth required to fit the garage in compliance with all setbacks,though access to the living area above is not included.The applicant requests a nine-foot garage setback toCity of Hermosa Beach Printed on 5/21/2024Page 5 of 13 powered by Legistar™64 Staff Report REPORT 23-0663 access to the living area above is not included.The applicant requests a nine-foot garage setback to provide sufficient space for a stairway to access the floor above and to accommodate a guest parking space parallel to the garage door.Where providing 17 feet is not possible,nine feet allows for a guest space onsite,in a modified configuration,resulting in the property conforming with the total parking required for a single-family residence, and provide property access to the primary residence. The project provides 182 square feet of open space.The project proposes a reconfiguration of where open space counts,resulting in a total of 300 square feet open space,consistent with the minimum required for the zone.Even when reconfigured,providing open space is significant in ensuring access to clear air and sunlight between adjacent properties.The proposed unit is 975 square feet, and if the project satisfied the open space requirement as defined per HBMC 17.16.080,the unit would be even smaller.The subject property provides a smaller floor area ratio (FAR)than other R-3 properties.FAR describes the amount of living area compared to the lot size of the property.182 2nd Street has a FAR of 1.45,and 132 Neptune Avenue has an FAR of 1.78,while the subject property proposes an FAR of 0.97.Providing open space in a conforming configuration would further limit the FAR of the subject property and would further separate the subject property form normal development patterns of the R-3 zone.The limited size of the lot and the need for functional living space is justification to allow the variance for reconfigured open space.The project if granted a variance,would provide a minimum 300 square feet of open space in an alternative configuration, meeting the intent of the code and the property owners would enjoy the benefits of private outdoor space. The current structure on the property is 480 square feet.The minimum lot area per dwelling unit in the R-3 zone is 1,320 square feet.Staff reviewed all R-3 lots across the City and found the median lot size for the R-3 zone is 3,810 square feet.Attachment 5 includes a summary of R-3 lots by lot size,including the smallest and largest lot sizes,the median lot size,and the subject property lot size as reference.Additionally,the attachment includes a graph of citywide R-3 lot sizes,excluding outliers.Of 1,747 R-3 Zoned lots in the city,the subject property is the 15th smallest property;falling within the smallest one percent of R-3 lots.Further,the project proposes 975 square feet of living area.If the project were to meet the required open space ratio,the total living area would be at most 975-200=775 square feet.The project as proposed attempts to satisfy development standards or the intent of the standards despite the lot area and dimensions creating exceptional circumstances. That the variance is necessary for the preservation of a substantial property right possessed by other properties in the vicinity of the subject property; As demonstrated on Figure 1 of Attachment 3,the depth of the lot cannot accommodate the minimum required garage setback depth (17 feet),the interior garage dimensions (20 feet deep),and the required rear yard setback (5 feet)without a variance.The applicant requests a variance to allow a nine-foot garage setback.Without a variance,the property would not be able to provide parking in accordance with the Zoning Ordinance.The variance provides the property owner the ability to meet setback requirements,while also providing covered parking,consistent with what neighboringCity of Hermosa Beach Printed on 5/21/2024Page 6 of 13 powered by Legistar™65 Staff Report REPORT 23-0663 setback requirements,while also providing covered parking,consistent with what neighboring properties have available.Further,where the minimum parking depth for a guest space is 17 feet when the space is located perpendicular to the garage door,a 9-foot setback would allow a guest parking space consistent with alley-adjacent parking-minimum 9 feet wide by 22 feet long,oriented parallel to the garage, as outlined by HBMC 17.44.100(B)(2). The limited living area per floor supports the need for allowing more than 100 square feet of roof deck to be counted towards the 300 square feet open space requirement for the property (Attachment 3). The current structure on the property is 480 square feet.Staff reviewed all R-3 lots across the city and found the median lot size for the R-3 zone is 3,810 square feet.Attachment 5 includes a summary of R-3 lots by lot size,including the smallest and largest lot sizes,the median lot size,and the subject property lot size as reference.Additionally,the attachment includes a graph of citywide R- 3 lot sizes,excluding outliers.Of 1,747 R-3 Zoned lots in the city,the subject property is the 15th smallest property;falling within the smallest one percent of R-3 lots.Further,the project proposes 975 square feet of living area.If the project were to meet the required open space ratio,the total living area would be at most 975-200=775 square feet.As demonstrated by Attachment 5,the subject property would have a ratio of living area to open space equal to 2.5 square feet,where each 2.5 square feet for living area would have one-square-foot of open space (775 square feet living area divided by 300 square feet of open space).In comparison,the property with the median lot size for the R-3 zone,182 2nd Street,developed with two condominiums,has a ratio of 18.5 square feet of living area for each square foot of open space (5,541 square feet living area divided by 300 square feet of open space).In addition,the property within the 0.9th percentile for lot size,132 Neptune Avenue,developed with a single-family residence,has an open space ratio of 18.73.132 Neptune Avenue has one garage parking space, and has nonconforming setbacks, and open space. That the variance will not be materially detrimental to the public welfare injurious to the property or improvements in the vicinity and zone in which the property is located; The requested 9-foot garage setback would provide enough separation between the right-of-way and the garage to accommodate a guest parking space parallel to the garage.Staff found the proposed reduced setback maintains a balance between accommodating the proposed project and preserving public interests such as public safety.Further,parking in a reconfigured layout from what is required to satisfy HBMC 17.44,would allow the project to comply with the minimum amount of parking required for the R-3 zone.The property is located in the Coastal Zone and proposes three off-street parking spaces where there are currently none.The new development would eliminate a nonconformity with regard to parking,which would reduce strain on public parking inventory and would allow greater access to the Coastal Zone. Allowing more than 100 square feet of deck space to count towards the 300 square feet minimum for the site,would not pose a substantial risk to public welfare or the subject property.The project proposes to satisfy all setback requirements,remain within the allowable height for the zone,and City of Hermosa Beach Printed on 5/21/2024Page 7 of 13 powered by Legistar™66 Staff Report REPORT 23-0663 provide private open space in a manner that would allow full use of private property. That granting of the variance will not conflict with the provisions of,or be detrimental to,the general plan. The project as proposed;eliminates existing nonconforming conditions that make the property inconsistent with PLAN Hermosa and proposes a new development that incorporates characteristics of the Sand Section Neighborhood. The project eliminates existing nonconforming conditions that make the existing residence inconsistent with PLAN Hermosa.Specifically,the existing residence includes a front yard patio which extends beyond private property into the right-of-way and is nonconforming to all setbacks. Though the project includes a deviation from some development standards,staff found the proposed reduced garage setback consistent with similar small lots and found the setback would provide enough separation from the right-of-way to ensure pedestrian safety. Additionally,the project proposes three off-street parking spaces where there are currently none.The property is located in the Coastal Zone,on a block with no on-street parking available.In the context of the Coastal Act’s mandate for coastal access retention,the project proposes removing reliance on public resources for a private residence in a parking impacted area. Finally,the proposed project attempts to satisfy minimum requirements for new development in the City,in a way that is consistent with PLAN Hermosa.Specifically,the project proposes a similar scale and mass to adjacent properties within the Sand Section neighborhood.The project includes building articulation facing 8th Street and attempts to satisfy minimum open space requirements in a manner consistent with the desired form and character described by PLAN Hermosa.Staff recommends the following conditions of approval ensuring the project compliance with relevant goals and policies including: 1.Approval of Variance 23-03 shall not be construed to mean any waiver of applicable and appropriate zoning regulations,or any Federal,State,County,and City laws and regulations. Unless modified herein,the project shall fully comply with all requirements of the R-3 Zone as applicable of the Municipal Code, except for the following provisions under this Resolution: a.The setback,measured from the front property line,shall be a minimum of 9 feet,to accommodate required guest parking. b.The required guest parking space located directly parallel to the garage door,shall be a minimum 9 feet wide by 22 feet long.No portion of the provided guest parking shall occupy or impede the adjacent right-of-way. c.The required open space onsite shall be portioned as described.Minor changes to the approved reportioned open space may be approved,subject to Community Development Director approval: i.82 square feet provided on a third-floor deck. City of Hermosa Beach Printed on 5/21/2024Page 8 of 13 powered by Legistar™67 Staff Report REPORT 23-0663 ii.A minimum of 208 square feet provided on a roof deck. General Plan Consistency: This report and associated recommendation have been evaluated for their consistency with the City’s General Plan. Specifically: General Plan Consistency Land Use Element Findings Goal 1.Create a sustainable urban form and land use patterns that support a robust economy and high quality of life for residents. The project is within the permitted lot coverage standard for the R-3 zone. Further, the project meets rear and side yard setback requirements for the zone. The property is located in the Sand Section Neighborhood, which discourages box-like front facades, in favor of more articulated designs. The project provides façade articulation along 8th Street, to reduce visual indications of massing of the structure consistent with the desired form and character of the neighborhood. Policy 1.6. Scale and context. Consider the compatibility of new development within its urban context to avoid abrupt changes in scale and massing. Goal 2. Neighborhoods provide for diverse needs of residents of all ages and abilities and are organized to support healthy and active lifestyles. The site is currently developed with a single- family residence, nonconforming to most development standards. The project is located in the Sand Section Neighborhood, which accommodates an integrated mixture of housing types. The proposed new single- family residence is a use consistent with the zone and general plan designation. The project retains the uniquely small size of the existing unit, while eliminating some nonconforming conditions. Policy 2.5.Balanced neighborhoods. Promote a diverse range of housing unit types and sizes within the allowed densities. Goal 4.A parking system that meets the parking needs and demand of residents, visitors, and employees in an efficient and cost-effective manner. The existing residence has no on-site parking. The project proposes adding two covered parking spaces and one guest space. The project reduces overreliance on public parking to accommodate a residential use and satisfies the minimum required parking for the on-site use. The project proposes removing a nonconforming condition and creates more availability of public parking in the Coastal Zone. Policy 4.2.Encourage coastal access. Ensure parking facilities and costs of such facilities are not a barrier to beach access by the public. Goal 10.A strong sense of cultural and architectural heritage. The site is currently developed with a single- family residence constructed in 1923. The applicant provided a historic resource report prepared by a qualified professional, pursuant to the Secretary of interior’s Professional Qualification Standards for Archaeology and Historic Preservation. The report found the property was not eligible under all state and local designation criteria due to a lack of significant historical associations and architectural merit. Policy 10.6.History and cultural heritage. Support and encourage efforts to document and share the cultural heritage and history of Hermosa Beach. Policy 10.10.Archaeological and paleontological resources. Recognize the prehistory and history of the city and strive to identify, protect, and preserve archaeological and paleontological resources. Sustainability and Conservation Element Findings Goal 7.Essential topsoil is retained and erosion is minimized. A condition of approval is proposed to require the project incorporate, where feasible, permeable pavers in the required driveway and setback areas which are not proposed as landscaping. Policy 7.1 Permeable pavement.Require the use of permeable pavement in parking lots, sidewalks, plazas, and other low-intensity paved areas. Parks and Open Space Element Findings Goal 5.Scenic vistas, viewpoints, and resources are maintained or enhanced. A condition of approval is proposed is to require all exterior lighting be downcast to limit impacts to nighttime views and adjacent properties. Policy 5.7.Light pollution. Preserve skyward nighttime views and lessen glare by minimizing lighting levels along the shoreline. City of Hermosa Beach Printed on 5/21/2024Page 9 of 13 powered by Legistar™68 Staff Report REPORT 23-0663 General Plan ConsistencyLand Use Element FindingsGoal 1.Create a sustainable urban formand land use patterns that support arobust economy and high quality of life forresidents.The project is within the permitted lotcoverage standard for the R-3 zone. Further,the project meets rear and side yard setbackrequirements for the zone. The property islocated in the Sand Section Neighborhood,which discourages box-like front facades, infavor of more articulated designs. The projectprovides façade articulation along 8th Street,to reduce visual indications of massing of thestructure consistent with the desired form andcharacter of the neighborhood.Policy 1.6. Scale and context. Considerthe compatibility of new developmentwithin its urban context to avoid abruptchanges in scale and massing.Goal 2. Neighborhoods provide fordiverse needs of residents of all ages andabilities and are organized to supporthealthy and active lifestyles.The site is currently developed with a single-family residence, nonconforming to mostdevelopment standards. The project islocated in the Sand Section Neighborhood,which accommodates an integrated mixtureof housing types. The proposed new single- family residence is a use consistent with the zone and general plan designation. The project retains the uniquely small size of the existing unit, while eliminating some nonconforming conditions. Policy 2.5.Balanced neighborhoods. Promote a diverse range of housing unit types and sizes within the allowed densities. Goal 4.A parking system that meets the parking needs and demand of residents, visitors, and employees in an efficient and cost-effective manner. The existing residence has no on-site parking. The project proposes adding two covered parking spaces and one guest space. The project reduces overreliance on public parking to accommodate a residential use and satisfies the minimum required parking for the on-site use. The project proposes removing a nonconforming condition and creates more availability of public parking in the Coastal Zone. Policy 4.2.Encourage coastal access. Ensure parking facilities and costs of such facilities are not a barrier to beach access by the public. Goal 10.A strong sense of cultural and architectural heritage. The site is currently developed with a single- family residence constructed in 1923. The applicant provided a historic resource report prepared by a qualified professional, pursuant to the Secretary of interior’s Professional Qualification Standards for Archaeology and Historic Preservation. The report found the property was not eligible under all state and local designation criteria due to a lack of significant historical associations and architectural merit. Policy 10.6.History and cultural heritage. Support and encourage efforts to document and share the cultural heritage and history of Hermosa Beach. Policy 10.10.Archaeological and paleontological resources. Recognize the prehistory and history of the city and strive to identify, protect, and preserve archaeological and paleontological resources. Sustainability and Conservation Element Findings Goal 7.Essential topsoil is retained and erosion is minimized. A condition of approval is proposed to require the project incorporate, where feasible, permeable pavers in the required driveway and setback areas which are not proposed as landscaping. Policy 7.1 Permeable pavement.Require the use of permeable pavement in parking lots, sidewalks, plazas, and other low-intensity paved areas. Parks and Open Space Element Findings Goal 5.Scenic vistas, viewpoints, and resources are maintained or enhanced. A condition of approval is proposed is to require all exterior lighting be downcast to limit impacts to nighttime views and adjacent properties. Policy 5.7.Light pollution. Preserve skyward nighttime views and lessen glare by minimizing lighting levels along the shoreline. City of Hermosa Beach Printed on 5/21/2024Page 10 of 13 powered by Legistar™69 Staff Report REPORT 23-0663 General Plan ConsistencyLand Use Element FindingsGoal 1.Create a sustainable urban formand land use patterns that support arobust economy and high quality of life forresidents.The project is within the permitted lotcoverage standard for the R-3 zone. Further,the project meets rear and side yard setbackrequirements for the zone. The property islocated in the Sand Section Neighborhood,which discourages box-like front facades, infavor of more articulated designs. The projectprovides façade articulation along 8th Street,to reduce visual indications of massing of thestructure consistent with the desired form andcharacter of the neighborhood.Policy 1.6. Scale and context. Considerthe compatibility of new developmentwithin its urban context to avoid abruptchanges in scale and massing.Goal 2. Neighborhoods provide fordiverse needs of residents of all ages andabilities and are organized to supporthealthy and active lifestyles.The site is currently developed with a single-family residence, nonconforming to mostdevelopment standards. The project islocated in the Sand Section Neighborhood,which accommodates an integrated mixtureof housing types. The proposed new single-family residence is a use consistent with thezone and general plan designation. Theproject retains the uniquely small size of theexisting unit, while eliminating somenonconforming conditions.Policy 2.5.Balanced neighborhoods.Promote a diverse range of housing unittypes and sizes within the alloweddensities.Goal 4.A parking system that meets theparking needs and demand of residents,visitors, and employees in an efficientand cost-effective manner.The existing residence has no on-siteparking. The project proposes adding twocovered parking spaces and one guestspace. The project reduces overreliance onpublic parking to accommodate a residentialuse and satisfies the minimum requiredparking for the on-site use. The projectproposes removing a nonconformingcondition and creates more availability ofpublic parking in the Coastal Zone.Policy 4.2.Encourage coastal access.Ensure parking facilities and costs ofsuch facilities are not a barrier to beachaccess by the public.Goal 10.A strong sense of cultural andarchitectural heritage.The site is currently developed with a single-family residence constructed in 1923. Theapplicant provided a historic resource reportprepared by a qualified professional,pursuant to the Secretary of interior’sProfessional Qualification Standards forArchaeology and Historic Preservation. Thereport found the property was not eligibleunder all state and local designation criteriadue to a lack of significant historical associations and architectural merit. Policy 10.6.History and cultural heritage. Support and encourage efforts to document and share the cultural heritage and history of Hermosa Beach. Policy 10.10.Archaeological and paleontological resources. Recognize the prehistory and history of the city and strive to identify, protect, and preserve archaeological and paleontological resources. Sustainability and Conservation Element Findings Goal 7.Essential topsoil is retained and erosion is minimized. A condition of approval is proposed to require the project incorporate, where feasible, permeable pavers in the required driveway and setback areas which are not proposed as landscaping. Policy 7.1 Permeable pavement.Require the use of permeable pavement in parking lots, sidewalks, plazas, and other low-intensity paved areas. Parks and Open Space Element Findings Goal 5.Scenic vistas, viewpoints, and resources are maintained or enhanced. A condition of approval is proposed is to require all exterior lighting be downcast to limit impacts to nighttime views and adjacent properties. Policy 5.7.Light pollution. Preserve skyward nighttime views and lessen glare by minimizing lighting levels along the shoreline. Environmental Determination: Pursuant to Section 15300.2(f)of the California Environmental Quality Act (CEQA),a categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource.Additionally,the City’s General Plan,PLAN Hermosa, Environmental Impact Report (EIR)includes Mitigation Measures establishing that the City shall require project applicants of discretionary projects to conduct historical resources studies,surveys, and assessment reports on a project-by-project basis,when a project proposes to alter,demolish,or degrade a designated landmark or a potential historic landmark as defined by HBMC Chapter 17.53. As described by HBMC Chapter 17.53,the property could be a landmark if one or more of the following criteria are true: 1.It exemplifies or reflects special elements of the City’s cultural,social,economic,political, City of Hermosa Beach Printed on 5/21/2024Page 11 of 13 powered by Legistar™70 Staff Report REPORT 23-0663 1.It exemplifies or reflects special elements of the City’s cultural,social,economic,political, aesthetic, engineering, or architectural history; or 2.It is identified with persons or events significant in local, state, or national history; or 3.It embodies distinctive characteristics of a style,type,period,or method of construction,or is a valuable example of the use of indigenous materials or craftsmanship; or 4.It is representative of the notable work of a builder, designer, or architect; or 5.Its unique location or singular physical characteristic(s)represents an established and familiar visual feature or landmark of a neighborhood, community, or the City. The applicant provided a historic resource report (Attachment 6),prepared by qualified professional, consistent with the Secretary of the Interior’s Professional Qualification Standards for Archaeology and Historic Preservation.The report found the property was not eligible under all state and local designation criteria due to a lack of significant historical associations and architectural merit. Therefore,pursuant to CEQA,the proposed project qualifies for a Class Three categorical exemption,New Construction or Conversion of Small Structures,as defined in section 15303 of the CEQA Guidelines,as it consists of construction of one single-family residence in a residential zone. Moreover,none of the exceptions to the categorical exemption(s)apply,nor would the project result in a significant cumulative impact of successive projects of the same type in the same place over time or have a significant effect on the environmental due to unusual circumstances or damage a scenic highway or scenic resources within a state scenic highway. Public Notification: For the May 21,2024 Planning Commission hearing,a total of 293 public hearing notices were mailed to occupants and property owners of properties within a 300-foot radius on May 9,2024.A legal ad was published on May 9,2024 in the Easy Reader,a newspaper of general circulation. Additionally,the applicant received a notice poster to post on-site and provided proof of posting a minimum of ten days in advance of the public hearing,in accordance with HBMC Section 17.68.050. Public notification materials are included as Attachment 7 As of the writing of the report,staff has received no public comments. Attachments: 1.Draft Resolution #24-06 2.Project Plans 3.Request Narrative 4.Zoning Map 5.R-3 Lot Size Analysis 6.Historical Resource Report 7.Public Notification Package 8.SUPPLEMENTAL - Maddie O'Connor eComment 5/19/24 City of Hermosa Beach Printed on 5/21/2024Page 12 of 13 powered by Legistar™71 Staff Report REPORT 23-0663 9.SUPPLEMENTAL - Kris Kimble eComment 5/21/24 10.SUPPLEMENTAL - Lacy Kuester eComment 5/21/24 11.SUPPLEMENTAL - Mason Schuler eComment 5/21/24 12.SUPPLEMENTAL - Debi Aggers eComment 5/21/24 13.SUPPLEMENTAL - Erika Langetieg-Newman eComment 5/21/24 14.SUPPLEMENTAL - Dave Fulton eComment 5/21/24 Respectfully Submitted by: Johnathon Masi, Assistant Planner Concur: Alexis Oropeza, Planning Manager Legal Review: Patrick Donegan, City Attorney Approved: Carrie Tai, AICP, Community Development Director City of Hermosa Beach Printed on 5/21/2024Page 13 of 13 powered by Legistar™72 Page 1 of 18 RES NO. 24-06 CITY OF HERMOSA BEACH RESOLUTION NO. 24-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A PARKING PLAN (23-01) AND VARIANCE (23-03) FOR A NEW 975-SQUARE-FOOT SINGLE- FAMILY DWELLING WITH A VARIANCE TO ALLOW A NINE-FOOT GARAGE SETBACK INSTEAD OF 17 FEET AND A VARIANCE TO ALLOW THE REQUIRED OPEN SPACE TO BE PROVIDED IN A DIFFERENT RATIO THAN REQUIRED; AND A PARKING PLAN TO ALLOW A RECONFIGURED GUEST PARKING SPACE AT 435 8TH STREET IN THE MULTIPLE-FAMILY RESIDENTIAL (R-3) ZONE, AND DETERMINATION THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. WHEREAS, an application was filed on April 21, 2023, by the applicant Shad Peck, requesting Planning Commission approval of a Parking Plan (23-01) and Variance (23-03) to allow a newly constructed 975-square-foot single-family dwelling, with a less than required garage setback, reconfiguration of required open space, and a reconfigured guest parking space; and WHEREAS, the Planning Commission, at its public meeting of May 21, 2024, considered all testimony and evidence, both oral and written, that was presented to the Planning Commission; and WHEREAS, pursuant to Section 15300.2(f) of the California Environmental Quality Act (CEQA), a categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. Additionally, the City’s General Plan, PLAN Hermosa, Environmental Impact Report (EIR) includes Mitigation Measures establishing that the City shall require project applicants of discretionary projects to conduct historical resources studies, surveys, and assessment reports on a project-by- project basis, when a project proposes to alter, demolish, or degrade a designated landmark or a potential historic landmark, as defined by HBMC Chapter 17.53 (Historic Resources Preservation). Accordingly, the applicant provided a historical resource report, to verify whether the more than 40 years old existing residence is historically relevant, prepared by qualified individuals, consistent with the Secretary of the Interior’s Professional Qualification Standards 73 Page 2 of 18 RES NO. 24-06 for Archaeology and Historic Preservation. The report found the property was not eligible under all state and local designation criteria due to a lack of significant historical associations and architectural merit. Therefore, the project is categorically exempt from the California Environmental Quality Act defined in CEQA Section 15303 Class 3 New Construction or Conversion of Small Structures, as the project consists of construction of one single-family residence in a residential zone. Moreover, none of the exceptions to the categorical exemption(s) apply, nor would the project result in a significant cumulative impact of successive projects of the same type in the same place over time or have a significant effect on the environmental due to unusual circumstances or damage a scenic highway or scenic resources within a state scenic highway. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Based on the foregoing factual findings, the Planning Commission determined, pursuant to Hermosa Beach Municipal Code (HBMC) Section 17.54.020 (Variances), that the property is subject to exceptional circumstances and proposes deviations from the municipal code which are consistent with PLAN Hermosa: A. Exceptional circumstances applicable to the property involved; The project site is a 1,010-square-foot lot located within the R-3 Zone. Further, the property dimensions are 40.40 feet deep and 25 feet wide. To satisfy the required garage setback depth (17 feet), the interior garage dimensions (20 feet deep), and the required rear yard setback (5 feet), the lot depth would have to be 42 feet. The lot depth is 1.6 feet less than the minimum lot depth required to fit the garage in compliance with all setbacks, though access to living area above is not included. The applicant requests a nine-foot garage setback to provide sufficient space for a stairway to access the floor above and to accommodate a guest parking space parallel to the garage door. Where providing 17 feet is not possible, nine feet allows for a guest space onsite, in a modified configuration, resulting in the property conforming with the total parking required for a single-family residence, and provide property access to the primary residence. 74 Page 3 of 18 RES NO. 24-06 The project proposes 182 square feet of open space. The project proposes a reconfiguration of where open space counts, resulting in a total of 300 square feet open space, consistent with the minimum required for the zone. Even when reconfigured, providing open space is significant in ensuring access to clear air and sunlight between adjacent properties. The proposed unit is 975 square feet, and if the project satisfied the open space requirement as defined per HBMC 17.16.080, the unit would be even smaller. The subject property provides a smaller floor area ratio (FAR) than other R-3 properties. FAR describes the amount of living area compared to the lot size of the property. 182 2nd Street has a FAR of 1.45, and 132 Neptune Avenue has an FAR of 1.78, while the subject property proposes an FAR of 0.97. Providing open space in a conforming configuration would further limit the FAR of the subject property and would further separate the subject property form normal development patterns of the R-3 zone. The limited size of the lot and the need for functional living space is justification to allow the variance for reconfigured open space. The project if granted a variance, would provide a minimum 300 square feet of open space in an alternative configuration, meeting the intent of the code and the property owners would enjoy the benefits of private outdoor space. The current structure on the property is 480 square feet. The minimum lot area per dwelling unit in the R-3 zone is 1,320 square feet. Staff reviewed all R-3 lots across the city and found the median lot size for the R-3 zone is 3,810 square feet. Of 1,747 R-3 Zoned lots in the city, the subject property is the 15th smallest property; falling within the smallest one percent of R-3 lots. Further, the project proposes 975 square feet of living area. If the project were to meet the required open space ratio, the total living area would be at most 975-200=775 square feet. The project as proposed attempts to satisfy development standards or the intent of the standards despite the lot area and dimensions creating exceptional circumstances. B. That the variance is necessary for the preservation of a substantial property right possessed by other properties in the vicinity of the subject property: The depth of the lot cannot accommodate the required garage setback depth (17 feet), the interior garage dimensions (20 feet deep), and the required rear yard setback (5 feet). The applicant requests a Variance 75 Page 4 of 18 RES NO. 24-06 allowing a nine-foot garage setback. Without a variance, the property would not be able to provide parking in accordance with the Zoning Ordinance. The Variance provides the property owner the ability to meet setback requirements, while also providing covered parking, consistent with what neighboring properties have available. Further, a nine-foot setback would allow a guest parking space consistent with alley-adjacent parking— minimum 9 feet wide by 22 feet long, oriented parallel to the garage, as outlined by HBMC 17.44.100(B)(2). The limited living area per floor supports the need for allowing more than 100 square feet of roof deck to be counted towards the 300 square feet open space requirement for the property. The current structure on the property is 480 square feet. Staff reviewed all R-3 lots across the city and found the median lot size for the R-3 zone is 3,810 square feet. Of 1,747 R-3 Zoned lots in the city, the subject property is the 15th smallest property; falling within the smallest one percent of R-3 lots. Further, the project proposes 975 square feet of living area. If the project were to meet the required open space ratio, the total living area would be at most 975- 200=775 square feet. The subject property would have a ratio of living area to open space equal to 2.5 square feet, where each 2.5 square feet for living area would have one-square-foot of open space (775 square feet living area divided by 300 square feet of open space). In comparison, the property with the median lot size for the R-3 zone, 182 2nd Street, developed with two condominiums, has a ratio of 18.5 square feet of living area for each square foot of open space (5,541 square feet living area divided by 300 square feet of open space). In addition, the property within the 0.9th percentile for lot size, 132 Neptune Avenue, developed with a single-family residence, has an open space ratio of 18.73. 132 Neptune Avenue has one garage parking space, and has nonconforming setbacks, and open space. C. That the variance will not be materially detrimental to the public welfare injurious to the property or improvements in the vicinity and zone in which the property is located: The requested 9-foot garage setback would provide enough separation between the right-of-way and the garage to accommodate a guest parking space. Vehicles exiting the garage would have limited visibility of pedestrians on the sidewalk beyond the threshold of the garage. Staff 76 Page 5 of 18 RES NO. 24-06 found the proposed reduced setback maintains a balance between accommodating the proposed project and preserving public interests such as public safety. Further, the reconfigured parking layout would bring the project in compliance with the minimum parking requirements for the R-3 zone. The property is located in the Coastal Zone and proposes 3 off- street parking spaces. The new development would reduce strain on public parking inventory and would allow greater access to the Coastal Zone. Allowing more than 100 square feet of deck space to count towards the 300 square feet minimum for the site, would not pose a substantial risk to public welfare or the subject property. The project proposes to satisfy all setback requirements, remain within the allowable height for the zone, and provide private open space in a manner that would allow full use of private property. D. That granting of the variance will not conflict with the provisions of, or be detrimental to, the general plan: The project as proposed; eliminates existing nonconforming conditions that make the property inconsistent with PLAN Hermosa and proposes a new development which incorporates characteristics of the Sand Section Neighborhood. The project eliminates existing nonconforming conditions that make the existing residence inconsistent with PLAN Hermosa. Specifically, the existing residence includes a front yard patio which extends beyond private property into the right-of-way. Further, the project complies with all building setback requirements, where the existing structure is nonconforming to all setbacks. Though the project includes a deviation from some development standards, staff found the proposed reduced garage setback consistent with similar small lots and found the setback would provide enough separation from the right-of-way to ensure pedestrian safety. Additionally, the project proposes three off-street parking spaces. The property is located in the Coastal Zone, on a block with no on-street parking directly available. In the context of the Coastal Act’s mandate for coastal access retention, the project proposes removing reliance on 77 Page 6 of 18 RES NO. 24-06 public resources in an impacted area. Where the site no longer relies on public parking to access the property, the general public gains an additional three spaces within close proximity of the beach. Finally, the proposed project attempts to satisfy minimum requirements for new development in the City, in a way that is consistent with Plan Hermosa. Specifically, the project proposes a similar scale and mass to adjacent properties within the Sand Section neighborhood. The project includes building articulation facing 8th Street, and attempts to satisfy minimum open space requirements in a manner consistent with the desired form and character described by PLAN Hermosa. SECTION 2. Based on the evidence received at the public meeting, the Planning Commission hereby further finds, determines, and declares that the project is consistent with the City’s General Plan (PLAN Hermosa). Specifically, the Variance and Parking Plan are consistent with Goals 1, 2, 4, and 10 of the Land Use Element, Goal 7 of the Sustainability and Conservation Element, and Goal 5 of the Parks and Open Space Element. Goal 1. Create a sustainable urban form and land use patterns that support a robust economy and high quality of life for residents. Policy: · 1.6. Scale and context. Consider the compatibility of new development within its urban context to avoid abrupt changes in scale and massing. The project is within permitted lot coverage standard for the R-3 zone. Further, the project meets rear and side yard setback requirements for the zone. The property is located in the Sand Section Neighborhood, which discourages box-like front facades, in favor of more articulated designs. The project provides façade articulation along 8th Street, to reduce visual indications of massing of the structure consistent with the desired form and character of the neighborhood. Goal 2. Neighborhoods provide for diverse needs of residents of all ages and abilities, and are organized to support healthy and active lifestyles. Policy: · 2.5. Balanced neighborhoods. Promote a diverse range of housing unit types and sizes within the allowed densities. 78 Page 7 of 18 RES NO. 24-06 The site is currently developed with a single-family residence, nonconforming to most development standards. The project is located in the Sand Section Neighborhood, which accommodates an integrated mixtures of housing types. The proposed new single-family residence is a use consistent with the zone and general plan designation. The project retains the uniquely small size of the existing unit, while eliminating some nonconforming conditions. Goal 4. A parking system that meets the parking needs and demand of residents, visitors, and employees in an efficient and cost-effective manner. Policy: · 4.2. Encourage coastal access. Ensure parking facilities and costs of such facilities are not a barrier to beach access by the public. The existing residence has no onsite parking. The project proposes adding two covered parking spaces and one guest space. The project reduces overreliance on public parking to accommodate a residential use and satisfies the minimum required parking for the onsite use. The project proposes removing a nonconforming condition and creates more availability of public parking in the Coastal Zone. Goal 10. A strong sense of cultural and architectural heritage. Policies: · 10.6. History and cultural heritage. Support and encourage efforts to document and share the cultural heritage and history of Hermosa Beach. The site is currently developed with a single-family residence constructed in 1923. The applicant provided a historic resource report prepared by a qualified professional, pursuant to the Secretary of interior’s Professional Qualification Standards for Archaeology and Historic Preservation. The report found the property was not eligible under all state and local designation criteria due to a lack of significant historical associations and architectural merit. 10.10. Archaeological and paleontological resources. Recognize the prehistory and history of the city and strive to identify, protect, and preserve archaeological and paleontological resources. The site is currently developed with a single-family residence constructed in 1923. The applicant provided a historic resource report prepared by a qualified professional, pursuant to the Secretary of interior’s Professional 79 Page 8 of 18 RES NO. 24-06 Qualification Standards for Archaeology and Historic Preservation. The report found the property was not eligible under all state and local designation criteria due to a lack of significant historical associations and architectural merit. Goal 7. Essential topsoil is retained and erosion is minimized. Policy: · 7.1 Permeable pavement. Require the use of permeable pavement in parking lots, sidewalks, plazas, and other low-intensity paved areas. A condition of approval is proposed to require the project incorporate, where feasible, permeable pavers in the required driveway and setback areas which are not proposed as landscaping. Goal 5. Scenic vistas, viewpoints, and resources are maintained or enhanced. Policy: · 5.7. Light pollution. Preserve skyward nighttime views and lessen glare by minimizing lighting levels along the shoreline. A condition of approval is proposed is to require all exterior lighting be downcast to limit impacts to nighttime views and adjacent properties. Section 3. Based on the foregoing, the Planning Commission hereby approves the subject Parking Plan (23-01) and Variance (23-03), subject to the following Conditions of Approval: 1. The development and continued use of the property shall be in conformance with submitted plans received and reviewed by the Planning Commission at its meeting of May 21, 2024. The Community Development Director may approve minor modifications that do not otherwise conflict with the HBMC or requirements of this approval. 2. Approval of Variance 23-03 shall not be construed to mean any waiver of applicable and appropriate zoning regulations, or any Federal, State, County, and City laws and regulations. Unless modified herein, the project shall fully comply with all requirements of the R-3 Zone as applicable of the Municipal Code, except for the following provisions under this Resolution: a. The setback, measured from the front property line, shall be a 80 Page 9 of 18 RES NO. 24-06 minimum of 9 feet, to accommodate required guest parking. b. The required open space onsite shall be portioned as described. Minor changes to the approved reportioned open space may be approved, subject to Community Development Director approval: i. 82 square feet provided on a third-floor deck. ii. 218 square feet provided on a roof deck. 3. The required parking shall be configured as demonstrated in Exhibit A. The required guest parking space located directly parallel to the garage door, shall be a minimum 9 feet wide by 22 feet long . No portion of the provided guest parking shall occupy or impede the adjacent right-of- way. 4. Prior to building permit issuance, the applicant shall demonstrate that the California Coastal Commission has approved the project under the Coastal Development Permit process. 5. The project shall comply with all requirements of the City of Hermosa Beach Building Division, Public Works Department, Los Angeles County Fire Department, and the HBMC, unless otherwise described under this Resolution. 6. The applicant shall comply with all applicable Mitigations Measures of the General Plan Program EIR (SCH No. 201581009) as adopted by the City Council including: a. Construction projects within the city shall demonstrate compliance with all applicable standards of the Southern California Air Quality Management District, including the following provisions of District Rule 403: i. All unpaved demolition and construction areas shall be wetted at least twice daily during excavation and construction, and temporary dust covers shall be used to reduce dust emissions and meet SCAQMD Rule 403. Wetting could reduce fugitive dust by as much as 50 percent. ii. The construction area shall be kept sufficiently dampened to control dust caused by grading and hauling, and at all times provide reasonable control of dust caused by wind. iii. All clearing, earth moving, or excavation activities shall be discontinued during periods of high winds (i.e., greater than 15 mph), so as to prevent excessive amounts of dust. 81 Page 10 of 18 RES NO. 24-06 iv. All dirt/soil loads shall be secured by trimming, watering, or other appropriate means to prevent spillage and dust. v. All dirt/soil materials transported off-site shall be required to cover their loads as required by California Vehicle Code Section 23114 to prevent excessive amount of dust. vi. General contractors shall maintain and operate construction equipment so as to minimize exhaust emissions. vii. Trucks having no current hauling activity shall not idle but shall be turned off (MM 4.2-2A). b. In accordance with Section 2485 in Title 13 of the California Code of Regulations, the idling of all diesel-fueled commercial vehicles (weighing over 10,000 pounds) during construction shall be limited to 5 minutes at any location (MM4.2-2b). c. Construction projects within the city shall comply with South Coast Air Quality Management District Rule 1113 limiting the volatile organic compound content of architectural coatings (MM 4.2-2c). d. For any project where earthmoving or ground disturbance activities are proposed at depths between 15 and 35 feet that encounter older Quaternary terrace deposits, a qualified paleontologist shall be present during excavation or earthmoving activities. e. If paleontological resources are discovered during earthmoving activities, the construction crew shall immediately cease work in the vicinity of the find and notify the City. The project applicant(s) shall retain a qualified paleontologist to evaluate the resource and prepare a recovery plan in accordance with Society of Vertebrate Paleontology guidelines (1996). The recovery plan may include, but is not limited to, a field survey, construction monitoring, sampling and data recovery procedures, museum storage coordination for any specimen recovered, and a report of findings. Recommendations in the recovery plan that are determined by the lead agency to be necessary and feasible shall be implemented before construction activities can resume at the site where the paleontological resources were discovered (MM 4.4-3). f. For development located at a distance within which acceptable vibration standards pursuant to the Table 4.11-10 of the General Plan Program EIR, included below, the applicant shall submit a report 82 Page 11 of 18 RES NO. 24-06 prepared by a qualified structural engineer demonstrating the following: i. Vibration level limits based on building conditions, soil conditions, and planned demolition and construction methods to ensure vibration levels would not exceed acceptable levels where damage to structures using vibration levels in Draft EIR Table 4.11-4 as standards. ii. Specific measures to be taken during construction to ensure the specified vibration level limits are not exceeded. iii. A monitoring plan to be implemented during demolition and construction that includes post‐ construction and post‐demolition surveys of existing structures that would be impacted. Examples of measures that may be specified for implementation during demolition or construction include but are not limited to: 1. Prohibition of certain types of impact equipment. 2. Requirement for lighter tracked or wheeled equipment. 3. Specifying demolition by non‐impact methods, such as sawing concrete. 4. Phasing operations to avoid simultaneous vibration sources. 5. Installation of vibration measuring devices to guide decision-making for subsequent activities (MM 4.11-2). General Plan Program EIR TABLE 4.22-10 Typical Vibration Source Levels for Construction Equipment Equipment Vibration Velocity Level at 25 Feet, in/sec Distance from Equipment Within Which Standard is Exceeded Pile driver (impact) 0.158 158 feet Pile driver (sonic) 0.045 68 feet Clam shovel drop (slurry wall) 0.050 74 feet Hydro mill (slurry wall) 0.002-0.006 9-17 feet Vibratory roller 0.050 74 feet Hoe ram 0.022 43 feet Large bulldozer 0.022 43 feet Caisson drilling 0.022 43 feet Loaded trucks 0.020 40 feet 83 Page 12 of 18 RES NO. 24-06 Jackhammer 0.009 24 feet Small bulldozer 0.001 5 feet Building Plans: 7. Two copies of a Final Landscape Plan, consistent with landscape plans approved by the Planning Commission, indicating size, type, quantity, and characteristics of landscape materials shall be submitted to the Community Development Department for review and approval prior to the issuance of Building Permits. The Final Plan shall also include the following: a. The applicant shall provide a landscape plan to comply with Sections 17.22.060(H), 8.60.060, and 8.60.070 to the satisfaction of the Community Development Director and Public Works Director. b. An automatic landscape sprinkler system consistent with Section 17.22.060(H) shall be provided and shall be shown on plans (Building Permits are required). 8. The plans shall comply with Section 8.44.095 and install permeable surfaces in the driveway, guest parking space and other non-landscaped areas to the maximum extent feasible. If providing water-permeable surfaces on at least 50% of exterior surface area is not feasible and incorporating measures in 8.44.095 to the extent practicable to infiltrate the volume of runoff produced by an 0.80-inch twenty-four (24) hour rain event, then the applicant shall infiltrate runoff on-site. In the event that subsurface infiltration is required, plans shall designate the exact location of the subsurface infiltration system, the applicant shall enter into a maintenance agreement with the City (prior to Final map approval) for the ongoing infiltration and provide a surety bond to the City to guarantee that on-site, subsurface infiltration is achieved. The amount of the bond shall be determined by the Building Division. All other drainage shall be routed to an off-site facility or on-site permeable area approved by the City. To the extent possible, a portion of roof drainage shall be routed to on-site permeable areas. No drainage shall flow over any driveway or sidewalk. 9. All proposed exterior lighting shall be downcast. 10. The plans and construction shall comply with all requirements of the Building Code in Title 15 and Green Building Standards in Chapter 15.48. Water conservation practices set forth in Section 8.56.070 shall be 84 Page 13 of 18 RES NO. 24-06 complied with and noted on construction plans. 11. Final construction plans, including site, elevation, and floor plans, shall be reviewed and approved by the Planning Division for consistency with Planning Commission approved plans and this Resolution prior to the submittal to the Building Division for Plan Check. Prior to the submittal of structural plans to the Building Division for Plan Check an ‘Acceptance of Conditions’ affidavit and recording fees shall be filed with the Community Development Department stating that the applicant/property owner is aware of, and agrees to accept, all of the conditions of this grant of approval. 12. The applicant shall submit all required plans and reports to comply with the City’s construction debris recycling program including manifests from both the recycler and County landfill; at least 65% of demolition debris associated with demolition of the existing improvements and new construction shall be recycled. Public Works: 13. Civil engineering plans shall be prepared by a licensed civil engineer and conceptually approved by the Hermosa Beach Public Works Department prior to submitting an application for Building Permits to the Community Development Department. Complete civil engineering plans shall address grading, undergrounding of all utilities, pavement, sidewalk, curb and gutter improvements, on-site and off-site drainage (no sheet flow permitted), installation of utility laterals, and all other improvements necessary to comply with the Hermosa Beach Municipal Code and Public Works specifications, and shall be filed with the Community Development Department. 14. Civil engineering plans shall include adjacent properties/structures, sewer laterals, and storm drain main lines on street. 15. Project construction shall protect private and public property in compliance with HBMC Sections 15.04.070 and 15.04.140. No work in the public right of way shall commence unless and until all necessary permits are attained from the Public Works Department including if required, an approved Residential or Commercial Encroachment Permit. 16. Low Impact Development shall not be permitted in the encroachment area. 85 Page 14 of 18 RES NO. 24-06 17. Trees located in the encroachment area or parkway shall comply with Chapter 12.36. 18. Sewer lateral video upstream and downstream manhole along with manhole rim/lid elevations must be submitted prior to grading and plan check. Sewer lateral video must be submitted with plan check submittal, if the developer plans to use the existing sewer lateral. Sewer lateral work may be required after review of the sewer lateral video. 19. Sewer lateral video must be submitted with plan check submittal if the developer plans to use the existing sewer lateral. Sewer lateral work may be required after review of the sewer lateral video. 20. Sewer main work may be required after review of sewer lateral video. 21. The project must comply with Storm Water and Urban Runoff Pollution Control Regulations (HBMC Chapter 8.44) and must implement Low Impact Development Standards, and submit at time of grading and plan check along with an erosion control plan. Construction: 22. Prior to issuance of a Building Permit, abutting property owners and residents within 100 feet of the project site shall be notified of the anticipated date for commencement of construction. a. The procedures for notification shall be provided by the Building and Safey Division of the Community Development Department. b. Building permits will not be issued until the applicant provides an affidavit certifying mailing of the notice. 23. Project construction shall conform to the Noise Control Ordinance requirements in HBMC Section 8.24.050. Allowed hours of construction shall be printed on the building plans and posted at construction site. 24. Traffic control measures, including flagmen, shall be utilized to preserve public health, safety, and welfare. 25. A construction sign shall be posted conspicuously during the course of construction at the project site. Other: 26. Approval of this permit shall expire twenty-four (24) months from the date of approval by the Planning Commission, unless significant construction or 86 Page 15 of 18 RES NO. 24-06 improvements or the use authorized hereby has commenced. One or more extensions of time may be requested. No extension shall be considered unless requested, in writing to the Community Development Director including the reason therefore, at least 60 days prior to the expiration date. No additional notice of expiration would be provided. 27. The Planning Commission may review this Parking Plan and Variance, and may amend the subject conditions or impose any new conditions if deemed necessary to mitigate detrimental effects on the neighborhood resulting from the subject use. 28. The subject property shall be developed, maintained, and operated in full compliance with the conditions of this permit and any law, statute, ordinance or other regulation applicable to any development or activity on the subject property. Failure of the permittee to cease any development or activity not in full compliance shall be a violation of these conditions. 29. To the extent permitted by law, Permittee shall defend, indemnify and hold harmless the City of Hermosa Beach, its City Council, its officers, employees and agents (the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void any permit or approval for this project authorized by the City, including (without limitation) reimbursing the City its actual attorney’s fees and costs in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. The permittee shall reimburse the City for any court and attorney's fees which the City may be required to pay as a result of any claim or action brought against the City because of this permit. Although the permittee is the real party in interest in an action, the City may, at its sole discretion, participate at its own expense in the defense of the action, but such participation shall not relieve the permittee of any obligation under this condition. PASSED, APPROVED and ADOPTED on this Tuesday the 21st of May, 2024. VOTE: 87 Page 16 of 18 RES NO. 24-06 AYES: NOES: ABSTAIN: ABSENT: 88 Page 17 of 18 RES NO. 24-06 CERTIFICATION I hereby certify the foregoing Resolution P.C. 24-06 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California, at its regular meeting of May 21, 2024. ____________________ ___________________ Peter Hoffman, Chair Carrie Tai, Secretary ____________________ Date 89 Page 18 of 18 RES NO. 24-06 Exhibit A – Required Parking Configuration Guest Parking 90 XXXXXXXXXXXXFSHSSSSRESIDENCE Hermosa Beach, CA 90254 435 8th Street architects 703 pier ave. suite B #182 hermosa beach, ca 90254 t:_310.480.2429 e:_tully.josh@gmail.com josh tullyPECKCOVER SHEETA-1.0Vicinity Map:A1.0 Cover SheetA1.1a Landscape + Irrigation NotesA1.1b Green Building NotesA1.1c Green Building NotesA1.2 SurveyA1.4 Site PlanA1.5 Lot CoverageA2.0 Floor PlansA2.1 Floor PlansA2.2 Roof PlanA3.0 Exterior ElevationsA3.1 Exterior ElevationsA4.0 Building SectionsProject Summary:Sheet Index:Architectural:ArchitectStructural EngineerShad & Jazmin Peck435 8th St.Hermosa Beach, CA 90254Josh Tully Architects703 Pier Ave, Suite B #182Hermosa Beach, CA 90254T: 310.480.2429OwnerContacts:N2022 California Building Code2022 California Plumbing Code2022 California Mechanical Code2022 California Electrical Code2022 California Residential Code2022 California Green Building Standard Code2022 California Energy CodeAll New Work Shall Comply With:Plans shall comply with Title 24 energy efficiency requirements and all mandatory measuresNNPROJECT NORTHTRUE NORTHProject Data:Civil EngineerJob Address:Zone:Building Type:Occupancy Group:Construction Type:Number of Stories:Lot Size:Legal Description:Project Description:Critical Points:CP1 - 88.75 / 92.22 MAXCP2 - 92.43 / 92.50 MAXCP3 - 92.43 / 92.44 MAXCP4 - 93.00 / 93.06 MAX435 8th St.Hermosa Beach, CA90254R-3Single-Family Residence w/ attached GarageR3/UType V-B3-Stories over Basement1,009 S.F.APN# 4187-014-011The Southwest 25 feet of the Northeast 65 feetP E C K R E S I D E N C EEnergy Consultantof Lot 10 in Block B of Tract No. 1677 M.B. 20-184SurveyorEagle Eye Land Surveying1311 Manhattan Beach Blvd. #4Manhattan Beach, CA 90266T: 310.955.8901* Not a part of this submittal11/4"=1'-0"SITE PLAN New 3-story over basement SFRwith attached 2-car Garage + ADU (ADU)1/20/2024 4:46:34 PM91 RESIDENCE Hermosa Beach, CA 90254 435 8th Street architects 703 pier ave. suite B #182 hermosa beach, ca 90254 t:_310.480.2429 e:_tully.josh@gmail.com josh tullyPECKLANDSCAPE &IRRIGATIONNOTESA-1.1a 8.60. 060 STANDARDS FOR NEW LANDSCAPE. "NEW LANDSCAPE" AS DEFINED IN SECTION 8.60.040 SHALL BE DESIGNED AND MANAGED TO USE THE MINIMUM AMOUNT OF WATER REQUIREDTO MAINTAIN PLANT HEALTH. NEW LANDSCAPE SHALL COMPLY WITH ALL OF THE REQUIREMENTS IN SECTIONS 492.6 THROUGH 492.15 OFTHE MODEL EFFICIENT ORDINANCE AND THE FOLLOWING, WHICHEVER IS MORE RESTRICTIVE, UNLESS AN EXCEPTION IS GRANTEDPURSUANT TO SECTION 8.60.050(D). A. PLANT MATERIAL. 1. PLANT SPECIES AND LANDSCAPE DESIGN SHALL BE ADAPTED TO THE CLIMATE, SOILS, TOPOGRAPHICAL CONDITIONS, AND SHALL BE ABLETO WITHSTAND EXPOSURE TO LOCALIZED URBAN CONDITIONS SUCH AS PAVEMENT HEAT RADIATION, VEHICLE EMISSIONS AND DUST, ANDURBAN RUNOFF. WATER CONSERVING PLANT AND TURF SPECIES SHALL BE USED. 2. PLANT SPECIES OR SPECIFICATIONS SHALL COMPLY WITH ANY OFFICIAL LIST OF SPECIES, GUIDELINES OR REGULATIONS ADOPTED BY THECITY TO THE EXTENT THAT SUCH LISTS, GUIDELINES OR REGULATIONS DO NOT CONFLICT WITH THIS CHAPTER 3. `PLANTS LISTED IN THE CURRENT INVASIVE PLANT INVENTORY FOR THE SOUTHWEST REGION BY THE CALIFORNIA INVASIVE PLANTCOUNCIL OR SIMILAR SOURCE ACCEPTABLE THE COMMUNITY DEVELOPMENT DIRECTOR ARE PROHIBITED, EXCEPT FOR KNOWNNON-FRUITING, NON-INVASIVE, STERILE VARIETIES OR CULTIVARS. PLANTS KNOWN TO BE SUSCEPTIBLE TO DISEASE OR PESTS IN THISCLIMATE ZONE SIX (6) SHALL NOT BE USED. 4. THE LANDSCAPE AREA OF PROJECTS PROPOSING EXCLUSIVELY COMMERCIAL OR INDUSTRIAL USES SHALL BE DESIGNED USINGEXCLUSIVELY WATER CONSERVING PLANTS. SINGLE FAMILY RESIDENTIAL, MULTI-FAMILY RESIDENTIAL, MIXED USE AND INSTITUTIONALUSE PROJECTS SHALL BE DESIGNED WITH NOT MORE THAN TWENTY (20) PERCENT OF THE TOTAL LANDSCAPED AREA IN TURF OR HIGHWATER USE PLANTS IN THE WATER USE CLASSIFICATION FOR LANDSCAPE SPECIES (WUCOLS). TURF MAY BE USED AS A BIO-SWALE ORBIO-FILTER OR FOR FUNCTIONAL PURPOSES SUCH AS ACTIVE RECREATIONAL AREAS AS DETERMINED BY THE COMMUNITY DEVELOPMENTDIRECTOR. PUBLIC AGENCIES SHALL BE EXEMPT FROM THIS REQUIREMENT. 5. TURF SHALL NOT BE ALLOWED ON SLOPES GREATER THAN TWENTY (20) PERCENT. WHERE THE TOE OF THE SLOPE IS ADJACENT TO ANIMPERMEABLE SURFACE, ALTERNATIVES TO TURF SHOULD BE CONSIDERED ON SLOPES EXCEEDING TWENTY (20) PERCENT, MEANINGONE (1) FOOT OF VERTICAL ELEVATION CHANGE FOR EVERY FIVE (5) FEET OF HORIZONTAL LENGTH. APPROVED TURF AREAS MAY BEWATERED AT 1.0 OF THE REFERENCE EVAPOTRANSPIRATION (ETO). 6 .PLANTED AREAS SHALL BE COVERED WITH A MINIMUM OF TWO (2) INCHES OF ORGANIC MULCH, EXCEPT IN AREAS COVERED BYGROUNDCOVERS OR WITHIN TWENTY-FOUR (24) INCHES OF THE BASE OF A TREE, OR WHERE A REDUCED APPLICATION IS INDICATED.ADDITIONAL MULCH MATERIAL SHALL BE ADDED FROM TIME TO TIME AS NECESSARY TO MAINTAIN THE REQUIRED DEPTH OF MULCH. 7. SPECIES AND LANDSCAPE DESIGN SHALL COMPLEMENT AND TO THE EXTENT FEASIBLE IN COMPLIANCE WITH THIS CHAPTER BEPROPORTIONAL TO THE SURROUNDINGS AND STREETSCAPE AND INCORPORATE DECIDUOUS TREES TO SHADE WEST AND SOUTHEXPOSURES. LANDSCAPING SHALL NOT INTERFERE WITH SAFE SIGHT DISTANCES FOR VEHICULAR TRAFFIC, THE VISION CLEARANCE INSECTION 17.46.060, HEIGHT RESTRICTIONS FOR HEDGES IN 17.46.130, PEDESTRIAN OR BICYCLE WAYS, OR OVERHEAD UTILITY LINES ORLIGHTING. B. WATER FEATURES, POOLS AND SPAS. 1. RECIRCULATING WATER SYSTEMS SHALL BE USED FOR WATER FEATURES. WHERE AVAILABLE, RECYCLED WATER SHALL BE USED AS ASOURCE FOR DECORATIVE WATER FEATURES. 2. POOLS AND SPAS SHALL BE EQUIPPED WITH A COVER AND COVERED OVERNIGHT AND DAILY WHEN USE IS CONCLUDED. C. GRADING AND RUNOFF. LANDSCAPE DESIGN SHALL MINIMIZE SOIL EROSION AND RUNOFF. 1. GRADING PLANS SHALL AVOID DISRUPTION OF NATURAL DRAINAGE PATTERNS TO THE EXTENT FEASIBLE. 2. GRADING PLANS SHALL DEMONSTRATE THAT NORMAL RAINFALL AND IRRIGATION WILL REMAIN WITHIN THE PROPERTY LINES AND NOTDRAIN ONTO IMPERMEABLE SURFACES, WALKWAYS, SIDEWALKS, STREETS, ALLEYS, GUTTERS, OR STORM DRAINS. 3. 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 INFILTRATION, AND CONTROLPOLLUTANTS SHALL BE INCORPORATED INTO PROJECT PLANS. RAIN GARDENS, CISTERNS, SWALES, STRUCTURAL SOIL, PERMEABLEPAVEMENT, CONNECTED LANDSCAPE AREAS, AND OTHER LANDSCAPE FEATURES AND PRACTICES THAT INCREASE ONSITE RAINWATERCAPTURE, STORAGE AND INFILTRATION, EMPHASIZING NATURAL APPROACHES OVER TECHNOLOGY-BASED APPROACHES THAT REQUIREONGOING MAINTENANCE, SHALL BE CONSIDERED DURING PROJECT DESIGN. PLANS AND PRACTICES SHALL COMPLY WITH CHAPTER 8.44. D. IRRIGATION SYSTEMS. 1. AN AUTOMATIC IRRIGATION SYSTEM USING EITHER EVAPOTRANSPIRATION OR SOIL MOISTURE SENSOR DATA, WITH A RAIN SHUT-OFFSENSOR, SHALL BE INSTALLED. DRIP IRRIGATION EMITTERS SHALL EMIT NO MORE THAN TWO (2) GALLONS PER HOUR. 2. AN AVERAGE LANDSCAPE IRRIGATION EFFICIENCY OF 0.71 SHALL BE USED FOR THE PURPOSE OF DETERMINING MAXIMUM APPLIED WATERALLOWANCE. IRRIGATION SYSTEMS SHALL BE DESIGNED, MAINTAINED, AND MANAGED TO MEET OR EXCEED THIS EFFICIENCY.LANDSCAPES USING RECYCLED WATER ARE CONSIDERED SPECIAL LANDSCAPE AREAS, WHERE THE ET ADJUSTMENT FACTOR SHALL NOTEXCEED 1.0. 3. THE IRRIGATION SYSTEM SHALL BE DESIGNED TO PREVENT WATER WASTE RESULTING IN RUNOFF, OVERSPRAY, OR SIMILAR CONDITIONSWHERE IRRIGATION WATER PONDS OR FLOWS ONTO NON-IRRIGATED AREAS, WALKWAYS, SIDEWALKS, STREETS, ALLEYS, GUTTERS,STORM DRAINS, ADJACENT PROPERTY, OR SIMILAR UNTARGETED AREAS. RUNOFF TO OTHER PERMEABLE OR IMPERMEABLE SURFACESSHALL NOT BE ALLOWED. 4. NARROW OR IRREGULARLY SHAPED AREAS, INCLUDING TURF LESS THAN EIGHT (8) FEET IN WIDTH IN ANY DIRECTION, SHALL BE IRRIGATEDWITH SUBSURFACE IRRIGATION OR LOW VOLUME ABOVE-GROUND IRRIGATION SYSTEM. 5. OVERHEAD IRRIGATION SHALL NOT BE PERMITTED WITHIN TWO (2) FEET OF ANY IMPERMEABLE SURFACE. DRIP, DRIP LINE, OR OTHER LOWFLOW NON-SPRAY TECHNOLOGY SHALL BE USED. 6. ALL SPRINKLERS SHALL HAVE MATCHED PRECIPITATION RATES WITHIN EACH VALVE AND CIRCUIT. ALL IRRIGATION SYSTEMS SHALL BEDESIGNED TO INCLUDE OPTIMUM DISTRIBUTION UNIFORMITY, HEAD TO HEAD SPACING, AND SETBACKS FROM SIDEWALKS, PAVEMENT ANDIMPERMEABLE SURFACES. 7. ALL IRRIGATION SYSTEMS SHALL PROVIDE BACKFLOW PREVENTION DEVICES IN ACCORDANCE WITH THE CURRENT EDITION OF THECALIFORNIA BUILDING/PLUMBING CODE AND CHECK VALVES AT THE LOW END OF IRRIGATION LINES TO PREVENT UNWANTED DRAINING OFIRRIGATION LINES. PRESSURE REGULATORS MAY BE REQUIRED IF THE PRESSURE AT THE SPRINKLER HEAD EXCEEDS THEMANUFACTURER'S RECOMMENDED OPTIMAL OPERATING PRESSURE. 8. RECLAIMED WATER AND GRAYWATER IRRIGATION SYSTEMS SHALL BE USED WHEN REASONABLY FEASIBLE AND SHALL CONFORM TO THECURRENT EDITION OF THE CALIFORNIA BUILDING/PLUMBING CODE, AND ALL OTHER APPLICABLE LOCAL, STATE AND FEDERAL LAWS. E. IRRIGATION SYSTEM HYDROZONES. 1. THE IRRIGATION SYSTEM SHALL CONFORM TO THE HYDROZONES OF THE LANDSCAPE DESIGN PLAN. 2. EACH HYDROZONE SHALL HAVE PLANT MATERIALS WITH SIMILAR WATER USE, WITH THE EXCEPTION OF HYDROZONES WITH PLANTS OFMIXED WATER USE WHERE THE PLANT FACTOR OF THE HIGHER WATER USING PLANT IS USED FOR CALCULATIONS. NO HYDROZONE SHALLMIX HIGH AND LOW WATER USE PLANTS. 3. SPRINKLER HEADS AND OTHER EMISSION DEVICES SHALL BE APPROPRIATE FOR THE PLANT TYPE WITHIN THAT HYDROZONE. WHEREFEASIBLE, TREES SHALL BE PLACED ON SEPARATE VALVES FROM TURF, SHRUBS AND GROUNDCOVERS. 4. NO LANDSCAPE PLAN OR RESTRICTION OF ANY TYPE, INCLUDING THOSE APPLICABLE TO COMMON INTEREST DEVELOPMENTS SUCH ASCONDOMINIUMS, SHALL PROHIBIT OR INCLUDE CONDITIONS THAT HAVE THE EFFECT OF PROHIBITING NATIVE OR WATER CONSERVINGPLANTS. F. LANDSCAPE AND IRRIGATION MAINTENANCE. 1. ALL LANDSCAPE AND RELATED ELEMENTS SHALL BE DESIGNED AND PROPERLY MAINTAINED TO INSURE LONG-TERM HEALTH AND SHALLMAINTAIN CONFORMANCE WITH THE REQUIREMENTS OF THIS CHAPTER. 2. IRRIGATION SCHEDULING SHALL BE REGULATED BY AUTOMATIC IRRIGATION CONTROLLERS. 3. WATERING HOURS AND DURATION SHALL BE SCHEDULED COMPLIANT WITH THE REQUIREMENTS OF CHAPTER 8.56. 4. A REGULAR MAINTENANCE SCHEDULE SHALL INCLUDE, BUT NOT BE LIMITED TO, ROUTINE INSPECTION, ADJUSTMENT AND REPAIR OF THEIRRIGATION SYSTEM, AERATING AND DETHATCHING TURF AREAS, REPLENISHING MULCH, FERTILIZING, PRUNING, WEEDING ANDREMOVING ANY OBSTRUCTION TO EMISSION DEVICES. 5. REPAIR OF ALL IRRIGATION EQUIPMENT SHALL BE PROMPTLY UNDERTAKEN, USING THE ORIGINALLY INSTALLED COMPONENTS, OREQUIVALENT OR ENHANCED COMPONENTS COMPATIBLE WITH THE IRRIGATION SYSTEM. 6. LANDSCAPE AREAS SHALL BE PERMANENTLY MAINTAINED AND KEPT FREE OF WEEDS, DEBRIS AND LITTER; PLANT MATERIALS SHALL BEMAINTAINED IN A HEALTHY GROWING CONDITION AND DISEASED OR DEAD PLANT MATERIALS SHALL BE REPLACED, IN KIND, PURSUANT TOTHE APPROVED PLANS WITHIN THIRTY (30) DAYS. ALTERNATIVELY, DISEASED OR DEAD PLANT MATERIALS MAY BE REPLACED WITH PLANTMATERIALS THAT HAVE LOW WATER NEEDS, AS RATED IN THE CURRENT EDITION OF THE WATER USE CLASSIFICATION OF LANDSCAPESPECIES. 7. THE USE, STORAGE AND DISPOSAL OF ALL LANDSCAPE AND LAWN CARE PRODUCTS SHALL COMPLY WITH ALL MANUFACTURER'SSPECIFICATIONS AND APPLICABLE LAWS, AND MINIMIZE THE DISCHARGE OF POLLUTANTS TO THE ENVIRONMENT. G. NOTWITHSTANDING THE REQUIREMENTS OF THIS SECTION, LANDSCAPE DESIGN AND MAINTENANCE SHALL ADDITIONALLY COMPLY WITH THEREQUIREMENTS OF CHAPTERS 8.44 AND 8.56, TITLE 17 (ZONING), ANY OTHER APPLICABLE PROVISIONS OF THIS CODE, AND THEREQUIREMENTS OF A DEVELOPMENT PERMIT, WHICHEVER IS MORE RESTRICTIVE.8.56. 070 WATER CONSERVATION REQUIREMENTS. THE FOLLOWING WATER CONSERVATION REQUIREMENTS SHALL APPLY TO ALL PERSONS: A. LANDSCAPING. 1. WATERING HOURS AND DURATION. NO LAWN OR LANDSCAPED AREA SHALL BE IRRIGATED OR WATERED BY ANY MEANS BETWEEN THE HOURS OF 9:00 A.M. AND 6:00 P.M. ON ANY DAY.ABOVE-GROUND SPRAY IRRIGATION OR WATERING SHALL NOT EXCEED FIFTEEN (15) MINUTES PER IRRIGATION STATION OR AREA. THIS PROVISION SHALL NOT APPLY TO DRIP IRRIGATIONSYSTEMS, USE OF A HAND-HELD BUCKET OR SIMILAR CONTAINER, USE OF A HAND-HELD HOSE EQUIPPED WITH A POSITIVE ACTION QUICK-RELEASE SHUTOFF VALVE OR NOZZLE,IRRIGATION NECESSARY TO ESTABLISH NEWLY PLANTED LOW WATER USAGE PLANTS, OR WATER EXPENDED FOR LIMITED PERIODS OF TIME NECESSARY FOR IRRIGATION SYSTEMMAINTENANCE OR LEAK REPAIR. 2. OVER-WATERING: NO LAWN OR LANDSCAPED AREA SHALL BE IRRIGATED OR WATERED TO THE POINT WHERE EXCESS WATER PONDS, SPRAYS OR RUNS OFF THE LAWN OR LANDSCAPEDAREA ONTO ANY WALKWAYS, SIDEWALKS, DRIVEWAYS, STREETS, ALLEYS OR STORM DRAINS. 3. IRRIGATION DURING RAINFALL: NO LAWN OR LANDSCAPED AREA SHALL BE IRRIGATED OR WATERED DURING RAINFALL OR WITHIN 24 HOURS AFTER MEASURABLE RAINFALL. 4. LANDSCAPE MAINTENANCE: ALL LAWNS AND LANDSCAPING SHALL BE REGULARLY MAINTAINED TO REDUCE WATER USE BY SUCH METHODS AS AERATING, THATCHING AND MULCHING. 5. LANDSCAPE IRRIGATION SYSTEM MAINTENANCE: LANDSCAPE IRRIGATION SYSTEMS SHALL BE REGULARLY INSPECTED, MAINTAINED AND REPAIRED TO ELIMINATE LEAKS, REMOVEOBSTRUCTIONS TO WATER EMISSION DEVICES AND ELIMINATE OVER SPRAYING. B. POOLS AND SPAS. NEW POOLS AND SPAS SHALL BE EQUIPPED WITH A COVER. NOT LATER THAN JULY 1, 2012, ALL EXISTING POOLS AND SPAS SHALL BE CONSTRUCTED, INSTALLED OREQUIPPED WITH A COVER. POOLS AND SPAS SHALL BE COVERED OVERNIGHT AND DAILY WHEN USE IS CONCLUDED. C. WATER FOUNTAINS AND DECORATIVE WATER FEATURES. NO PERSON SHALL OPERATE A FOUNTAIN OR OTHER DECORATIVE WATER FEATURE THAT DOES NOT RECYCLE OR RE-CIRCULATETHE WATER UTILIZED BY THE DEVICE. D. CLEANING. NO PERSON SHALL USE WATER TO WASH OR CLEAN ANY SIDEWALKS, WALKWAYS, PATIOS, DRIVEWAYS, ALLEYS, PARKING OR SIMILAR AREAS, WHETHER PAVED OR UNPAVED;HOWEVER, USE OF WATER BROOMS OR PRESSURE WASHERS OR SIMILAR LOW FLOW TECHNOLOGY, OR WATER RECYCLING SYSTEMS TO CLEAN THESE SURFACES, IS PERMITTED. IN NOCASE SHALL SUCH WATER RUN OFF THE PROPERTY OR DRAIN ONTO ANY WALKWAYS, SIDEWALKS, STREETS, ALLEYS OR STORM DRAINS. E. CAR WASHING. NO PERSON SHALL USE WATER TO WASH OR CLEAN ANY MOTORIZED OR UN-MOTORIZED VEHICLE, INCLUDING, BUT NOT LIMITED TO, AN AUTOMOBILE, TRUCK, BOAT, VAN, BUS,MOTORCYCLE, TRAILER OR SIMILAR VEHICLE, EXCEPT BY USE OF A BUCKET OR SIMILAR CONTAINER OR A HAND-HELD HOSE EQUIPPED WITH A POSITIVE ACTION QUICK-RELEASESHUTOFF VALVE OR NOZZLE. THIS SUBSECTION SHALL NOT APPLY TO ANY COMMERCIAL CAR WASHING FACILITY THAT USES A WATER RECYCLING SYSTEM TO CAPTURE OR REUSEWATER. F. WASTE AND LEAKS. NO PERSON SHALL: 1. CAUSE, PERMIT OR ALLOW WATER TO LEAK FROM ANY EXTERIOR OR INTERIOR PIPE, HOSE OR PLUMBING FIXTURE. 2. CAUSE, PERMIT OR ALLOW WATER TO FLOW FROM ANY SOURCE ON PRIVATE OR PUBLIC PROPERTY ONTO WALKWAYS, SIDEWALKS, STREETS, ALLEYS OR STORM DRAINS, EXCEPT AS ARESULT OF RAINFALL OR PUMPING EXCESSIVE GROUNDWATER INFILTRATION, SUCH AS BY MEANS OF A SUMP PUMP. 3. THE USE OF WATER FOR CLEANING, WASHING AND OTHER USES SHALL BE PERFORMED IN AN EFFICIENT MANNER TO REDUCE WASTE AND TOTAL WATER USE. G. ALL COMMERCIAL ESTABLISHMENTS 1. SINGLE PASS COOLING SYSTEMS. SINGLE-PASS COOLING SYSTEMS SHALL NOT BE INSTALLED IN NEW COMMERCIAL BUILDINGS. WHEN SINGLE PASS COOLING SYSTEMS IN EXISTINGBUSINESSES ARE REPLACED, SINGLE PASS COOLING SYSTEM SHALL NOT BE INSTALLED AS A REPLACEMENT. 2. TOILETS. NEW COMMERCIAL ESTABLISHMENTS SHALL INSTALL AND USE ONLY WATER-EFFICIENT TOILETS. ALL EXISTING COMMERCIAL ESTABLISHMENTS SHALL INSTALL AND USE ONLYWATER-EFFICIENT TOILETS BY JANUARY 1, 2014. H. EATING AND DRINKING ESTABLISHMENTS. THE FOLLOWING PROVISIONS SHALL ALSO APPLY TO ALL RESTAURANTS, CAFES, SNACK SHOPS, BARS, OTHER EATING AND DRINKINGESTABLISHMENTS, AND FOOD CATERING BUSINESSES: 1. ALL ESTABLISHMENTS SHALL ONLY PROVIDE DRINKING WATER TO CUSTOMERS UPON REQUEST. 2. ALL ESTABLISHMENTS SHALL INSTALL AND USE LOW-FLOW PRE-RINSE DISHWASHING SPRAY NOZZLES BY JULY 1, 2011. 3. ALL ESTABLISHMENTS SHALL USE LOW-FLOW TECHNOLOGIES FOR WASHING AND CLEANING FLOORS AND SURFACES, SUCH AS USING A HAND-HELD BUCKET OR SIMILAR CONTAINER ANDMOP, WATER BROOMS OR PRESSURE WASHERS. 4. NEW ESTABLISHMENTS SHALL INSTALL AND USE WATER-EFFICIENT DISHWASHING MACHINES OR SYSTEMS. WHEN DISHWASHING MACHINES IN EXISTING BUSINESSES ARE REPLACED,WATER-EFFICIENT DISHWASHING MACHINES OR SYSTEMS SHALL BE INSTALLED. ALL EXISTING ESTABLISHMENTS SHALL INSTALL AND USE ONLY WATER-EFFICIENT DISHWASHINGMACHINES OR SYSTEMS BY JANUARY 1, 2014. I. HOTELS AND MOTELS. THE FOLLOWING PROVISIONS SHALL APPLY TO ALL HOTELS, MOTELS, HOSTELS, BED AND BREAKFAST AND SIMILAR TEMPORARY ACCOMMODATION ESTABLISHMENTS: 1. ALL ESTABLISHMENTS SHALL PROVIDE CUSTOMERS THE OPTION OF CHOOSING NOT TO HAVE TOWELS AND LINENS LAUNDERED DAILY AND SHALL PROMINENTLY DISPLAY NOTICE OF THISOPTION IN EACH BATHROOM AND SLEEPING ROOM USING CLEAR AND EASILY UNDERSTOOD LANGUAGE. 2. ALL ESTABLISHMENTS THAT PROVIDE ON-PREMISES FACILITIES FOR LAUNDERING TOWELS OR LINENS SHALL COMPLY WITH SUBSECTION J OF THIS SECTION. 3. ALL ESTABLISHMENTS THAT PROVIDE FOOD SERVICES SHALL COMPLY WITH SUBSECTION H OF THIS SECTION. J. LAUNDRY BUSINESSES. NEW COMMERCIAL LAUNDRY BUSINESSES SHALL INSTALL AND USE WATER RECYCLING SYSTEMS. WHEN WASHING MACHINES IN EXISTING BUSINESSES AREREPLACED, WATER-EFFICIENT LAUNDRY WASHING OR WATER RECYCLING SYSTEMS SHALL BE INSTALLED. ALL EXISTING LAUNDRY BUSINESSES SHALL INSTALL AND USE ONLYWATER-EFFICIENT LAUNDRY WASHING MACHINES OR WATER RECYCLING SYSTEMS BY JANUARY 1, 2014. K. COMMERCIAL CAR WASH FACILITIES. NEW COMMERCIAL CONVEYOR-TYPE CAR WASH FACILITIES SHALL INSTALL WATER RECYCLING SYSTEMS. ALL EXISTING CONVEYOR CAR WASH SYSTEMSSHALL INSTALL AND OPERATE ONLY WATER RECYCLING SYSTEMS BY JANUARY 1, 2012. ALL EXISTING COMMERCIAL CAR WASH OPERATIONS, INCLUDING THOSE ACCESSORY TO ANOTHERUSE, SHALL USE HIGH PRESSURE, LOW VOLUME WASH SYSTEMS, BUCKET OR SIMILAR CONTAINER, AND/OR A HAND-HELD HOSE EQUIPPED WITH A POSITIVE ACTION QUICK-RELEASESHUTOFF VALVE OR NOZZLE, OR SIMILAR LOW-FLOW DEVICE BY JANUARY 1, 2012. L. EXCEPTIONS. THE PROVISIONS OF THIS SECTION ARE NOT APPLICABLE TO USES OF WATER THAT ARE NECESSARY TO PROTECT PUBLIC HEALTH AND SAFETY OR FOR ESSENTIALGOVERNMENTAL SERVICES WHEN SUCH USES OF WATER CANNOT BE REDUCED, SUCH AS FOR FIRE-FIGHTING AND OTHER SIMILAR EMERGENCY SERVICES.8.60. 070 STANDARDS FOR SMALL LANDSCAPE AREAS. "SMALL LANDSCAPE AREAS" AS DEFINED IN SECTION 8.60.040 ARE SUBJECT TO THE PROVISIONS IN THIS SECTION AND ARE OTHERWISE EXEMPT FROM THIS CHAPTER A. PROCEDURES. PRIOR TO ISSUANCE OF A PERMIT FOR CONSTRUCTION, THE APPLICANT SHALL PROVIDE INFORMATION SUBSTANTIATING COMPLIANCE WITH THIS SECTION TO THESATISFACTION OF THE COMMUNITY DEVELOPMENT DIRECTOR. THE PLANNING COMMISSION MAY IMPOSE ADDITIONAL MEASURES OR CONDITIONS ON DISCRETIONARY PLANNINGENTITLEMENTS TO FURTHER THE PURPOSES OF THIS CHAPTER. NO BUILDING OR OTHER EQUIVALENT CONSTRUCTION PERMIT SHALL BE ISSUED A PERMANENT CERTIFICATE OFOCCUPANCY UNTIL THE COMMUNITY DEVELOPMENT DIRECTOR DETERMINES THE PROJECT COMPLIES WITH THE STANDARDS IN THIS SECTION. IN THE CASE OF ANY DECISION TO DENY APERMIT ISSUANCE OR CERTIFICATE OF OCCUPANCY, THE APPLICANT MAY MODIFY AND RESUBMIT THE APPLICATION, APPLY FOR AN EXCEPTION FROM STANDARDS, OR APPEAL THEDECISION IN ACCORDANCE WITH SUBSECTIONS D OR E OF SECTION 8.60.050. B. STANDARDS. SMALL LANDSCAPE AREAS SHALL COMPLY WITH THE FOLLOWING STANDARDS. PROVISIONS THAT ARE ENCOURAGED BUT NOT REQUIRED ARE INDICATED WITH WORDS SUCH AS'SHOULD.' 1. PLANT SPECIES AND LANDSCAPE DESIGN SHALL BE ADAPTED TO THE CLIMATE, SOILS, TOPOGRAPHICAL CONDITIONS, AND SHALL BE ABLE TO WITHSTAND EXPOSURE TO LOCALIZED URBANCONDITIONS SUCH AS PAVEMENT HEAT RADIATION, VEHICLE EMISSIONS AND DUST, AND URBAN RUNOFF. WATER CONSERVING PLANT AND TURF SPECIES SHALL BE USED. WHEREPRACTICAL, SUCH AS IN AREAS EXCEEDING FOUR HUNDRED (400) SQUARE FEET OF CONTIGUOUS LANDSCAPE, PLANTINGS SHOULD BE ARRANGED BY HYDROZONES. 2. PLANT SPECIES OR SPECIFICATIONS SHALL COMPLY WITH ANY OFFICIAL LIST OF SPECIES, GUIDELINES OR REGULATIONS ADOPTED BY THE CITY TO THE EXTENT THAT SUCH LISTS,GUIDELINES OR REGULATIONS DO NOT CONFLICT WITH THIS CHAPTER. 3. PLANTS LISTED IN THE CURRENT INVASIVE PLANT INVENTORY FOR THE SOUTHWEST REGION BY THE CALIFORNIA INVASIVE PLANT COUNCIL OR SIMILAR RECOGNIZED AUTHORITYACCEPTABLE TO THE COMMUNITY DEVELOPMENT DIRECTOR ARE PROHIBITED, EXCEPT FOR KNOWN NON-FRUITING, NON-INVASIVE, STERILE VARIETIES OR CULTIVARS. PLANTS KNOWN TOBE SUSCEPTIBLE TO DISEASE OR PESTS IN THIS CLIMATE ZONE SIX (6) SHOULD NOT BE PLANTED. 4. THE LANDSCAPE AREA OF PROJECTS PROPOSING EXCLUSIVELY COMMERCIAL, INDUSTRIAL OR INSTITUTIONAL USES SHALL BE DESIGNED USING EXCLUSIVELY WATER CONSERVINGPLANTS. TURF MAY BE USED AS A BIO-SWALE OR BIO-FILTER OR FOR FUNCTIONAL PURPOSES SUCH AS ACTIVE RECREATIONAL AREAS AS DETERMINED BY THE COMMUNITYDEVELOPMENT DIRECTOR. TURF SHALL NOT BE ALLOWED ON SLOPES GREATER THAN TWENTY (20) PERCENT. DECIDUOUS TREES SHOULD BE USED TO SHADE WEST AND SOUTHEXPOSURES. 5. PLANTED AREAS SHALL BE COVERED WITH A MINIMUM OF TWO (2) INCHES OF ORGANIC MULCH, EXCEPT IN AREAS COVERED BY GROUNDCOVERS OR WITHIN TWENTY-FOUR (24) INCHES OFTHE BASE OF A TREE, OR WHERE A REDUCED APPLICATION IS INDICATED. ADDITIONAL MULCH MATERIAL SHALL BE ADDED FROM TIME TO TIME AS NECESSARY TO MAINTAIN THEREQUIRED DEPTH OF MULCH. 6. LANDSCAPING SHALL NOT INTERFERE WITH SAFE SIGHT DISTANCES FOR VEHICULAR TRAFFIC, THE VISION CLEARANCE IN SECTION 17.46.060, HEIGHT RESTRICTIONS FOR HEDGES IN17.46.130, PEDESTRIAN OR BICYCLE WAYS, OR OVERHEAD UTILITY LINES OR LIGHTING. 7. PLANS AND CONSTRUCTION SHALL PROTECT AGAINST SOIL COMPACTION WITHIN LANDSCAPE AREAS. STORMWATER BEST MANAGEMENT PRACTICES TO MINIMIZE RUNOFF, TO INCREASEON-SITE RETENTION AND INFILTRATION, AND CONTROL POLLUTANTS SHALL BE INCORPORATED INTO PROJECT PLANS. RAIN GARDENS, CISTERNS, SWALES, STRUCTURAL SOIL,PERMEABLE PAVEMENT, CONNECTED LANDSCAPE AREAS, AND OTHER LANDSCAPE FEATURES AND PRACTICES THAT INCREASE ONSITE RAINWATER CAPTURE, STORAGE ANDINFILTRATION, EMPHASIZING NATURAL APPROACHES OVER TECHNOLOGY-BASED APPROACHES, SHOULD BE CONSIDERED DURING PROJECT DESIGN. NO PLAN OR PRACTICE SHALLCONFLICT WITH CHAPTER 8.44. 8. NO LANDSCAPE PLAN OR RESTRICTION OF ANY TYPE, INCLUDING THOSE APPLICABLE TO COMMON INTEREST DEVELOPMENTS SUCH AS CONDOMINIUMS, SHALL PROHIBIT OR INCLUDECONDITIONS THAT HAVE THE EFFECT OF PROHIBITING NATIVE OR WATER CONSERVING PLANTS. 9. WHEN IRRIGATION SYSTEMS ARE INSTALLED, AN AUTOMATIC IRRIGATION SYSTEM USING EITHER EVAPOTRANSPIRATION OR SOIL MOISTURE SENSOR DATA, WITH A RAIN SHUT-OFF SENSOR,SHALL BE INSTALLED. DRIP IRRIGATION EMITTERS SHALL EMIT NO MORE THAN TWO (2) GALLONS PER HOUR. WATERING HOURS AND DURATION SHALL BE COMPLIANT WITH THEREQUIREMENTS OF CHAPTER 8.56. 10. ALL IRRIGATION SYSTEMS SHALL BE DESIGNED TO PREVENT WATER WASTE RESULTING IN RUNOFF, OVERSPRAY, OR SIMILAR CONDITIONS WHERE IRRIGATION WATER PONDS OR FLOWSONTO NON-IRRIGATED AREAS, SIDEWALKS, WALKWAYS, STREETS, ALLEYS, STORM DRAINS, ADJACENT PROPERTY, OR SIMILAR UNTARGETED AREAS. RUNOFF TO OTHER PERMEABLE ORIMPERMEABLE SURFACES SHALL NOT BE ALLOWED. 11. ALL LANDSCAPE AND RELATED ELEMENTS SHALL BE PROPERLY MAINTAINED TO INSURE LONG-TERM HEALTH AND SHALL ADDITIONALLY COMPLY WITH THE REQUIREMENTS OF CHAPTERS8.44 AND 8.56, TITLE 17, ANY OTHER APPLICABLE PROVISIONS OF THIS CODE, AND THE REQUIREMENTS OF A DEVELOPMENT PERMIT, WHICHEVER IS MORE RESTRICTIVE. THE USE,STORAGE AND DISPOSAL OF ALL LAWN AND LANDSCAPE CARE PRODUCTS SHALL COMPLY WITH ALL MANUFACTURER SPECIFICATIONS AND APPLICABLE LAWS, AND MINIMIZE THEDISCHARGE OF POLLUTANTS TO THE ENVIRONMENT.92 RESIDENCE Hermosa Beach, CA 90254 435 8th Street architects 703 pier ave. suite B #182 hermosa beach, ca 90254 t:_310.480.2429 e:_tully.josh@gmail.com josh tullyPECKGREEN BLDGNOTESA-1.1b93 RESIDENCE Hermosa Beach, CA 90254 435 8th Street architects 703 pier ave. suite B #182 hermosa beach, ca 90254 t:_310.480.2429 e:_tully.josh@gmail.com josh tullyPECKGREEN BLDGNOTESA-1.1c94 N 77°50'00" E 2 5 . 0 0 ' N 77°50'00" E 2 5 . 0 0 ' B.O.B N 77°5 0 ' 0 0 " E 2 4 6 . 0 0 'N 12°13'27" W25.00' 60.00' 161.00'N 12°13'28" W 40.40'N 12°13'28" W 40.40'8TH ST.CYPRESS AVE.SET LTT STAMPED RCE 28456 ON PL PROD. 1.00' S,E'LY OF PC. EL=62.04SET LTT STAMPED RCE 28456 ON PL PROD. 1.00' S,W'LY OF PC. EL=63.35 SET N/T STAMPED RCE 284561.00'S,E'LY & 1.00' S,W'LY OF PC. EL=65.86SET LTT STAMPED RCE 28456 ONPL PROD. 1.00' S,E'LY OF PC. EL=62.4220.00'20.00'CL PL PL PL 20'20'4 0'4 0'20'20'4 0' CL CL 20'20' X X X X X X X X X XXXXXXXXXXEG 6 1 . 3 1 FL 6 1 . 2 8 BX 6 1 . 4 8 TX 6 2 . 0 1 EG 6 1 . 5 8 TC 6 1 . 9 9 FL 6 1 . 5 6 EG 6 1 . 7 4 TC 6 2 . 1 5 FL 6 1 . 6 5 EG 6 1 . 8 2 TC 6 2 . 2 9 FL 6 1 . 7 4 EG 6 1 . 9 3 TC 6 2 . 4 4 FL 6 1 . 8 5 EG 6 2 . 0 5 TC 6 2 . 5 1 FL 6 1 . 9 8 EL 6 1 . 4 8 EL 6 2 . 2 3 EL 6 2 . 2 7 BO S 6 2 . 1 3 TO S 6 2 . 6 7 WM WM ELE C VLT . PA T I O AW N I N G WOODEN DECKX ELEC.VLT.ST A I R C A S E CONC. TILESCONC.CONC.CO N C . CO N C .CBWWD N F E N C E WDN FENCEPORTION OF LOT NO. 10 3 STORY STRUCTURE F.F.=62.28'TOP OF STAIR TOWER EL=99.35'62 . 1 3 62. 3 4 62.4062.2962 . 1 7 62.8062.9061. 7 2 60.9662.9664.5464.2162.9462.9262.6762.5763 . 0 663.4563.2262 . 1 9 61. 9 3 62. 2 3 62 . 1 0 62. 2 9 62 . 4 7 62 . 5 4 62 . 4 2 62 . 0 1 61 . 7 9 61. 4 962.0762 . 0 5 62 . 4 6 62.3862 . 4 1TW 64.18TW 64.02FF 6 4 . 4 1 6.5 F T S I D E W A L K CO N C . 6.5 F T S I D E W A L K CB W CO N C .0.07'0.20' 1.00'0.21'1.00'1.00'1'0.63'0.52'PL PL PL PL PL PL 1.16' 1.14'2.67'2.53'3.65' 3.58'13.72'13.52'1.00'1.00'BO S 6 2 . 0 9 TO X 6 4 . 1 963.34EL=62.38PO R T I O N O F L O T N O . 1 1 3 S T O R Y S T R U C T U R E F . F . = 5 2 . 3 5 ' T O P O F P A R A P E T E L = 9 1 . 2 4 'FSNEAR PCLOT 11 49.03FSNEAR PCLOT 11 55.70EL = 6 2 . 4 3 @ P C EL = 6 2 . 1 0 @ P C EL = 6 3 . 3 5 @ P C EL = 6 4 . 5 0 @ P C EL 9 3 . 5 5 TO P O F R A I L I N G PO R T I O N O F L O T N O . 1 0 1 S T O R Y S T R U C T U R E F . F . = 6 4 . 4 1 ' R I D G E L I N E O F R O O F E L = 7 6 . 8 3 'PORTION OF LOT NO. 10 2 STORY STRUCTURE F.F.=64.35' RH EL=85.61'NOTE THIS SURVEY AND MAP ARE THE PROPERTY OF EAGLE EYE LAND SURVEYING AND MAY NOT BE MODIFIED, ALTERED, OR CHANGED IN ANY FASHION WITHOUT PRIOR WRITTEN APPROVAL BY E.E. LAND SURVEYING AND THE CLIENT FOR WHOM THE SURVEY WAS PREPARED. THIS PROVISO EXTENDS TO THE RESULTING PLOT OF SAID MAP AND THE COMPUTER DISC OR E-MAIL OF THAT MAP AS PROVIDED TO THE CLIENT. ANY VIOLATION OF THIS PROVISO WILL VOID ANY PROFESSIONAL OBLIGATION OR WARRANTY, EITHER EXPRESSED OR IMPLIED, BY EAGLE EYE LAND SURVEYING AS TO SUCH CHANGED MATERIAL. E.E. LAND SURVEYING BO U N D A R Y / T O P O G R A P H I C S U R V E Y SI T E A D D R E S S : REGISTERED CIVIL ENGINEER: ALL MAPS, PLATS, REPORTS, DESCRIPTIONS, OR OTHER DOCUMENTS ARE PREPARED UNDER THE RESPONSIBLE CHARGE OF A REGISTERED CIVIL ENGINEER, LICENSED TO PRACTICE LAND SURVEYING IN THE STATE OF CALIFORNIA, BRUCE H. BORNEMANN, RCE 28456, PURSUANT TO THE PROFESSIONAL LAND SURVEYOR'S ACT BUSINESS AND PROFESSIONS CODE SECTION 8700-8805. PREPARED BY: EAGLE EYE LAND SURVEYING 1311 MANHATTAN BEACH BLVD. #4 MANHATTAN BEACH CA, 90266 PHONE: 310.955.8901 LEGAL DESCRIPTION ASSESSORS'S I.D. NUMBER: DATE: PROJECT NO. CLIENT: BASIS OF BEARINGS: B.O.B N 77°50'00" E LINE OF 8TH ST. TRACT NO-1677, M.B. 20-184 AS FILED IN THE RECORDS OF LOS ANGELES COUNTY LEGEND SHAD PECK 21-375 12/22/21 APN:4187-014-011 N S E W LTT LT SW IP PC PL PROD. O/S BM BOW FOW FL TC TX/BX TW FF/FS T/BOS GB TS/BS EP CLF FD CONC. NORTH SOUTH EAST WEST LEAD, TACK & TAG LEAD & TACK SPIKE & WASHER IIRON PIPE PROPERTY CORNER PROPERTY LINE PRODUCED OFFSET BENCHMARK BACK OF WALK FRONT OF WALK FLOW LINE TOP OF CURB TOP/BOTTOM OF X TOP OF WALL FINISHED FLOOR/SURFACE TOP/BOTTOM OF STAIRS GRADE BREAK TOP/BOTTOM OF SLOPE EDGE OF PAVEMENT CHAIN LINK FENCE FOUND CONCRETE MAP ISSUE DATE: DA T E O F R E V I S I O N S : DRAFTED BY: 12/22/21 M.A.P. PROJECT NOTES:435 8TH S TRE E T , HER M O SA B E A CH, C A 90 2 5 4 # IT E M THE SOUTHWEST 25 FEET OF THE NORTHEAST 65 FEET OF LOT 10 IN BLOCK B OF TRACT NO. 1677 M.B 20-184 Feet 1050 REVIEWED PRELIM TITLE REPORT REFERENCE NUMBER 9617-IZ, LAWYERS TITLE COMPANY, DATED FEBRUARY 5, 2020 AT 7:30 A.M. NO EASEMENTS PER SAID DOCUMENT. 95 LOT AREABUILDING FOOTPRINTDRIVEWAYLANDSCAPE/HARDSCAPEHIGH WATER USAGE ALLOWABLEHIGH WATER USAGE PROPOSEDHARDSCAPEPERMEABLE SURFACE1,009.00 SF500 SF145 SF90 SF18 SF0 SF274 SF (52%) 143 SFRESIDENCE Hermosa Beach, CA 90254 435 8th Street architects 703 pier ave. suite B #182 hermosa beach, ca 90254 t:_310.480.2429 e:_tully.josh@gmail.com josh tullyPECKSITE PLANA-1.413/16"=1'-0"SITE PLANN1/20/2024 4:33:19 PM96 1st floor50 sf2nd floor525 sf3rd floor400 sfRoof deck100 sf open spacecountedDeck 82 sfopen spacedeckprojectionroofprojectionGarage378 sfexterior stairto roof deckdeckprojectionopen tobelow1st Floor2ndFloor3rdFloorRoof Deck500 SF FOOTPRINT575 SF TOTAL (56.9%)deck projection <5'2nd floor projectionRESIDENCE Hermosa Beach, CA 90254 435 8th Street architects 703 pier ave. suite B #182 hermosa beach, ca 90254 t:_310.480.2429 e:_tully.josh@gmail.com josh tullyPECKLOTCOVERAGEA-1.513/8"=1'-0"LOT COVERAGEN13/16"=1'-0"OPEN SPACEN1/20/2024 4:47:33 PM97 8th Street ADU002STUDIOADU004BATHADU003CLOSET8th Street 2-CAR100GARAGERESIDENCE Hermosa Beach, CA 90254 435 8th Street architects 703 pier ave. suite B #182 hermosa beach, ca 90254 t:_310.480.2429 e:_tully.josh@gmail.com josh tullyPECKFLOORPLANSA-2.011/4"=1'-0"BASEMENT PLAN N21/4"=1'-0"FIRST FLOOR PLAN N1/14/2024 6:38:27 PM98 8th Street DECK(82 SF O.S.)LIVING301ROOM300KITCHEN302BATH 28th Street MASTER200BEDROOMMASTER201BATHMASTER202CLOSET204BEDROOM 1203GALLERYRESIDENCE Hermosa Beach, CA 90254 435 8th Street architects 703 pier ave. suite B #182 hermosa beach, ca 90254 t:_310.480.2429 e:_tully.josh@gmail.com josh tullyPECKFLOORPLANSA-2.131/4"=1'-0"SECOND FLOOR PLAN N41/4"=1'-0"THIRD FLOOR PLAN N99 8th Street ROOF DECK(260 SF O.S.)8th Street RESIDENCE Hermosa Beach, CA 90254 435 8th Street architects 703 pier ave. suite B #182 hermosa beach, ca 90254 t:_310.480.2429 e:_tully.josh@gmail.com josh tullyPECKROOFPLANSA-2.251/4"=1'-0"ROOF PLAN N61/4"=1'-0"CRITICAL POINTSN100 1234567891013546713547RESIDENCE Hermosa Beach, CA 90254 435 8th Street architects 703 pier ave. suite B #182 hermosa beach, ca 90254 t:_310.480.2429 e:_tully.josh@gmail.com josh tullyPECKEXTERIORELEVATIONSA-3.021/4"=1'-0"SOUTH ELEVATION 11/4"=1'-0"WEST ELEVATION 101 13541234567891014RESIDENCE Hermosa Beach, CA 90254 435 8th Street architects 703 pier ave. suite B #182 hermosa beach, ca 90254 t:_310.480.2429 e:_tully.josh@gmail.com josh tullyPECKEXTERIORELEVATIONSA-3.141/4"=1'-0"NORTH ELEVATION 31/4"=1'-0"EAST ELEVATION 102 8TH STREET2-CAR GARAGEGALLERYMASTERBATHROOF DECKNURSERY IMAINDECKKITCHENSTUDIO ADUADUBATH8TH STREET STUDIO ADUADUCLOSETENTRY2-CAR GARAGEBEDROOM 1GALLERYMASTERBEDROOMKITCHENLIVINGROOMROOF DECKRESIDENCE Hermosa Beach, CA 90254 435 8th Street architects 703 pier ave. suite B #182 hermosa beach, ca 90254 t:_310.480.2429 e:_tully.josh@gmail.com josh tullyPECKBUILDINGSECTIONSA-4.021/4"=1'-0"LONGITUDINAL SECTION 11/4"=1'-0"LONGITUDINAL SECTION 103 1 Project Description and Justification 435 8th Street – Variance for New Single-Family Residence This application requests variances from certain Municipal Code requirements governing setbacks and open space for residential development. The subject site is a 1009 square-foot lot in the R-3 zone, measuring 25' wide by 40.4' deep. Currently on the site is a one-story single-family residence with 480 square feet of living area, built in 1923. The lot currently has no parking spaces, and there is no curb cut. The applicant proposes to replace the existing structure with a three-story-over-basement, single-family residence, with three off-street parking spaces -- two enclosed and one open guest space. The new garage will face 8th Street, which is the only means of vehicle access to the lot. Variances Requested Section 17.44.090(C) of the Municipal Code requires garages fronting a public street to be set back a minimum of 17 feet from the exterior edge of the nearest public improvement, such as a sidewalk. The applicant requests approval of a 9-foot setback from the sidewalk. Section 17.16.080 of the Municipal Code permits only 100 square feet of a dwelling’s usable open space to be located on a roof deck. The applicant requests approval to count 218 square feet of open space on a roof deck as usable open space. Justification and Findings for Variances Finding 1: There are exceptional or extraordinary circumstances, limited to the physical conditions applicable to the property involved. 9-Foot Garage Setback Compliance with the 17-foot-garage-setback requirement precludes the applicant from building a single-family residence on the subject lot. A 17-foot driveway leading to a 20-foot-long enclosed garage would occupy the entire buildable footprint of the lot, leaving no living area on the ground floor and no way to access any living area on the floors above. In addition, compliance with the 17-foot garage-setback would require the garage to extend into the required rear yard setback. See Figure 1. In sum, the dimensions of the lot preclude any parking space design that can support a single-family residence or comply with the rear setback requirement. The applicant has proposed a 9-foot garage setback, which is the largest garage setback that can be provided while still allowing room for a stairway to access the living area of the house and compliance with the rear-yar setback. 104 2 Figure 1 Open Space The potential living area of any dwelling built on the site is limited to the buildable footprint of the second and third floors, or 575 square feet per floor. There is no available living area on the first floor, because it is occupied by the required garage and the staircase necessary to reach the second floor. Of the available 575 square feet per floor, approximately 110 square feet is required for stairway access to each floor, leaving approximately 465 square feet of living space per floor. The code requires at least 200 square feet to be allotted to outdoor usable open space, with the added requirement that open space be at least 50% open to the sky. Therefore, 50% any deck area on the second and third floors cannot be covered by living area. This reduces living area by another 100 square feet above and beyond the 200 square feet of open space. In other words the open space requirement reduces living space by a total of 300 square feet, or 150 per floor. This leaves approximately 315 square feet of living space on each of the second and third floors. Area required by code for driveway and garage spaces 105 3 Finding 2: A variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity and zone, and denied to the property in question. 9-Foot Garage Setback Without the requested variance to the 17-foot setback requirement, it is physically impossible to build a habitable structure on the property. The applicant would therefore be denied the right enjoyed by other owners of residentially-zoned property to build a new home on their property. Open Space The 100-square-foot limit on usable roof deck open space imposes an undue burden on a property owner of a 1,009 square-foot lot. Neighboring properties do not experience the same restriction as that imposed on the applicant, because they are twice as large, or larger. There are two similarly sized lots nearby, at 422 8th Street and 809 Cypress Avenue, and the homes on those lots do not have any usable open space, other than on their roof decks. Granting the requested variance would allow the applicant to enjoy rights comparable to the owners of these properties. Furthermore, the applicant would provide the required 300 square feet of total open space and would meet the intent of the code by providing a substantial amount usable open space below the roof deck. Finding 3: The granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. 9-Foot Garage Setback The granting of the setback variance will be materially beneficial to the public welfare and neighboring properties, because it will allow the net addition of three off- street parking spaces, thereby lessening the demand for street parking. The new curb cut will not result in a loss of parking, because street parking is not permitted in front of the subject lot. Without the variance, no new dwelling can be constructed on the property, so no new off-street parking will be created. Open Space The purpose of the open space requirement in the zoning code is to limit building bulk and mass and to provide a connection between building occupants and the neighborhood through the availability of outdoor living space. These two goals will be fully met, notwithstanding the requested variance. The applicant’s proposed design provides a street-facing deck on the second floor, similar to the properties on either side of the applicant’s lot. In contrast, the buildings across from the applicant’s lot have no street-facing usable open space and almost no windows. Therefore, the requested variance would have no detrimental effect on the public welfare or neighboring properties. 106 4 Finding 4: The granting of the variance will not adversely affect the comprehensive General Plan. The applicant’s proposed design of a new home on the subject lot is consistent with the intent of applicable provisions of the Zoning Code and the General Plan. The proposed development will not change the existing use as a single-family dwelling and the residence will retain a compatible relationship with adjacent neighbors and the neighborhood in general. It also will increase off-street parking, which is consistent with General Plan goals. 107 The St rand 7th S t 6th S t 9th S t Hermosa AvePalm Dr 7th S t 6th S tArdmore AveCypress AveManhattan Ave 7th St 5th S t 8th S t 10th S t Bayview DrBeach D r 8th P l Monterey B lvd 9th S t a Loma Dr 10th S t 11 Ardmore AveBard St 11th C t 7th Ct 8th Ct 9th Ct 10th C t ValleyDrSunset Dr R-1 Single Family Residential R-1A Limited Single-Family Residential R-2 Two Family Residential R-2B Limited Multiple Family Residential R-3 Multiple Family Residential R-P Residential-Professional RPD Residential Planned Development R-3PD Multiple Family Planned Development C-1 Limited Business and Residential C-2 General Commercial C-3 General and Highway Commercial M-1 Light Manufacturing OS Open Space OS-1 Restricted Open Space OS-2 Restricted Open Space OS-O Open Space Overlay MHP Mobile Home Park SPA Specific Plan Area (Residential) SPA Specific Plan Area (Commercial) 300' Notification Radiusth St Parking Plan and Variance Project Zoning Map Planning Commission May 21, 2024 Description APN: 4187-014-011 435 8th St Zone: R-3 Multiple Family Residential 108 Attachment 5, Page 1 R-3 Zone - Lot Size Analysis Data Summary Smallest Lot Size 859.86 sq. ft. Largest Lot Size 178,441.86 sq. ft. Median Lot Size 3,810.38 sq. ft. 435 8th Street Lot Size 1,010 sq. ft. Ranked Percentile 0.7th Percentile 109 Attachment 5, Page 2 R-3 Zone – Site Development Analysis 132 Neptune Avenue (0.9 Percentile Lot) Lot Size 1,050 sq. ft. Living Area 1,873 sq. ft. Floor Area Ratio 1.78 Open Space 100 sq. ft. Living Area to Open Space Ratio 18.73 435 8th Street Lot Size 1,010 sq. ft. Living Area 975 sq. ft. Floor Area Ratio 0.97 Open Space 186 sq. ft. (countable per HBMC) Living Area to Open Space Ratio 5.24 182 2nd Street (Median Lot) Lot Size 3,810 sq. ft. Living Area 5,541 sq. ft. Floor Area Ratio 1.45 Open Space 600 sq. ft. (300 per unit) Living Area to Open Space Ratio 9.24 110 2061 N. Los Robles Avenue, Ste. 205 Pasadena, California 91104 / www.southenvironmental.com March 27, 2023 Shad and Jazmin Peck Email: shad.peck@hajoca.com RE: Historic Resources Report for the 435 8th Street Project, City of Hermosa Beach, California Dear Mr. and Mrs. Peck: South Environmental was retained by Shad and Jazmin Peck to prepare an historic resources report for the 435 8th Street Project (project) in the City of Hermosa Beach, California. The purpose of this report is to determine if the proposed project will result in impacts to historic built environment resources located within the project site. This report was prepared in conformance of the requirements of the California Environmental Quality Act (CEQA) Guidelines § 15064.5 for historical resources and the City of Hermosa Beach Historic Resources Preservation Ordinance (Municipal Code Chapter 17.53). The project site comprises one parcel (APN 4187-014-011) containing a single-family residence that was constructed over 45 years ago (1923). In accordance with the requirements of CEQA Guidelines §15064.5 for historical resources, the property was recorded and evaluated for historical significance and integrity on the appropriate set of State of California Department of Parks and Recreation Series 523 Forms (DPR forms, Attachment A). This significance evaluation was prepared by Architectural Historian Laura Carías, MA and Principal Architectural Historian Sarah Corder, MFA who meet the Secretary of the Interior’s Professional Qualification Standards for architectural history and history. Resumes for Ms. Carías and Ms. Corder are provided in Attachment B. Introduction Project Description The approximately 1,002 square foot lot is currently occupied by a 480 square foot single family residence located within a mixed-use neighborhood in the City of Hermosa Beach. The property owner proposes to demolish the existing residence to construct a new three-story single-family residence over a basement. The new residence will be 975 square feet with a 260 square foot roof deck plus a 430 square foot accessory dwelling unit. The new building will include an attached two- car garage and one enclosed guest parking spot. 111 Historic Resources Report 435 8th Street Project, City of Hermosa Beach 2 Project Location The project site is located on a 1,002 square foot lot on the north side of 8th Street between Cypress Avenue and Loma Drive, in the City of Hermosa Beach, in Los Angeles County, California (Figure 1). The project site consists of a single-family residence and is identified as 435 8th Street (APN 4187- 014-011) (Figure 2). 112 Source: ESRI USA Topo Maps and World Topo Map 2024 435 8th Street Figure 1. Project Location Map 0 2,0001,000 Feet Project Site is within City of Hermosa Beach, California, in Los Angeles Countyon the USGS Redondo Beach 7.5-minute quadrangle mapin Section 36 of Township 03 South and Range 15 West Center Coordinate (Decimal Degrees): Latitude: 33.8599653N Longitude: -118.3959558W Scale: 1:24,000Project Site 113 Source: Bing Aerial Imagery 2024 435 8th Street Figure 2. Project Site Detail 0 4422 Feet Scale: 1:450Project Site 114 Historic Resources Report 435 8th Street Project, City of Hermosa Beach 5 Regulatory Setting California Register of Historical Resources In California, the term “historical resource” includes but is not limited to “any object, building, structure, site, area, place, record, or manuscript which is historically or archaeologically significant, or is significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California” (California Public Resources Code Section 5020.1(j)). In 1992, the California legislature established the CRHR “to be used by state and local agencies, private groups, and citizens to identify the state’s historical resources and to indicate what properties are to be protected, to the extent prudent and feasible, from substantial adverse change” (California Public Resources Code Section 5024.1(a)). The criteria for listing resources on the CRHR (enumerated below) were expressly developed to be in accordance with previously established criteria developed for listing in the National Register of Historic Places (NRHP). According to California Public Resources Code Section 5024.1(c)(1–4), a resource is considered historically significant if it (i) retains “substantial integrity,” and (ii) meets at least one of the following criteria: (1) Is associated with events that have made a significant contribution to the broad patterns of California’s history and cultural heritage. (2) Is associated with the lives of persons important in our past. (3) Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values. (4) Has yielded, or may be likely to yield, information important in prehistory or history. In order to understand the historic importance of a resource, sufficient time must have passed to obtain a scholarly perspective on the events or individuals associated with the resource. A resource less than 50 years old may be considered for listing in the CRHR if it can be demonstrated that sufficient time has passed to understand its historical importance (see 14 CCR 4852(d)(2)). The CRHR protects cultural resources by requiring evaluations of the significance of prehistoric and historic resources. The criteria for the CRHR are nearly identical to those for the NRHP, and properties listed or formally designated as eligible for listing in the NRHP are automatically listed in the CRHR, as are the state landmarks and points of interest. The CRHR also includes properties designated under local ordinances or identified through local historical resource surveys. California Environmental Quality Act CEQA requires a lead agency determine whether a project may have a significant effect on historical resources (Public Resources Code [PRC], Section 21084.1). A historical resource is a resource listed in, 115 Historic Resources Report 435 8th Street Project, City of Hermosa Beach 6 or determined to be eligible for listing, in the CRHR, a resource included in a local register of historical resources or any object, building, structure, site, area, place, record, or manuscript that a lead agency determines to be historically significant (State CEQA Guidelines, Section 15064.5[a][1-3]). Under CEQA, a project may have a significant effect on the environment if it may cause “a substantial adverse change in the significance of an historical resource” (California Public Resources Code Section 21084.1; CEQA Guidelines Section 15064.5(b).) If a site is either listed or eligible for listing in the CRHR, or if it is included in a local register of historic resources or identified as significant in a historical resources survey (meeting the requirements of California Public Resources Code Section 5024.1(q)), it is a “historical resource” and is presumed to be historically or culturally significant for purposes of CEQA (California Public Resources Code Section 21084.1; CEQA Guidelines Section 15064.5(a)). The lead agency is not precluded from determining that a resource is a historical resource even if it does not fall within this presumption (California Public Resources Code Section 21084.1; CEQA Guidelines Section 15064.5(a)). A “substantial adverse change in the significance of an historical resource” reflecting a significant effect under CEQA means “physical demolition, destruction, relocation, or alteration of the resource or its immediate surroundings such that the significance of an historical resource would be materially impaired” (CEQA Guidelines Section 15064.5(b)(1); California Public Resources Code Section 5020.1(q)). In turn, CEQA Guidelines section 15064.5(b)(2) states the significance of an historical resource is materially impaired when a project: 1. Demolishes or materially alters in an adverse manner those physical characteristics of an historical resource that convey its historical significance and that justify its inclusion in, or eligibility for, inclusion in the California Register of Historical Resources; or 2. Demolishes or materially alters in an adverse manner those physical characteristics that account for its inclusion in a local register of historical resources pursuant to section 5020.1(k) of the Public Resources Code or its identification in an historical resources survey meeting the requirements of section 5024.1(g) of the Public Resources Code, unless the public agency reviewing the effects of the project establishes by a preponderance of evidence that the resource is not historically or culturally significant; or 3. Demolishes or materially alters in an adverse manner those physical characteristics of a historical resource that convey its historical significance and that justify its eligibility for inclusion in the California Register of Historical Resources as determined by a lead agency for purposes of CEQA. Pursuant to these sections, the CEQA inquiry begins with evaluating whether a project site contains any “historical resources,” then evaluates whether that project will cause a substantial adverse change 116 Historic Resources Report 435 8th Street Project, City of Hermosa Beach 7 in the significance of a historical resource such that the resource’s historical significance is materially impaired. City of Hermosa Beach Historic Resources Preservation Ordinance (Municipal Code Chapter 17.53) HBMC Section 17.53.060 Landmark Designation Criteria An historic resource may be designated a landmark, pursuant to Sections 17.53.070 through 17.53.120 of the Hermosa Beach Municipal Code, if it meets one more of the following criteria: A. It exemplifies or reflects special elements of the City‘s cultural, social, economic, political, aesthetic, engineering, or architectural history; or B. It is identified with persons or events significant in local, state, or national history; or C. It embodies distinctive characteristics of a style, type, period, or method of construction, or is a valuable example of the use of indigenous materials or craftsmanship; or D. It is representative of the notable work of a builder, designer, or architect; or E. Its unique location or singular physical characteristic(s) represents an established and familiar visual feature of landmark of a neighborhood, community of the City. City of Hermosa Beach PLAN Hermosa (Adopted 2017) Goal 10. A strong sense of cultural and architectural heritage. Policies 10.1 Historic landmarks and districts. Encourage the voluntary designation of potentially historic resources as landmarks or historic districts. 10.2 Protect designated landmarks. Continue to use the Certificate of Appropriateness process for reviewing applications to demolish or alter designated landmarks. 10.3 Public and institutional facilities. Consider the designation of potentially historic public or institutional resources under threat of demolition or deterioration. 10.4 Historic resources as cultural tourism. Promote historic places and cultural tourism as an economic development strategy. 10.5 Adaptive reuse and sustainable development. Promote historic preservation as sustainable development and encourage adaptive reuse of historic or older properties. 10.6 History and cultural heritage. Support and encourage efforts to document and share the cultural heritage and history of Hermosa Beach. 117 Historic Resources Report 435 8th Street Project, City of Hermosa Beach 8 10.7 Culturally inclusive planning. Ensure that historic preservation planning is culturally inclusive and reflective of the unique background and diversity of neighborhoods in the city. 10.8 Incentives and technical assistance. Provide expert technical assistance to owners of potentially eligible and designated historic properties with tools and incentives to maintain historic resources. 10.9 Salvage architectural features or materials. Encourage the preservation or reuse of historic architectural features on site or within the community. 10.10 Archaeological and paleontological resources. Recognize the prehistory and history of the city and strive to identify, protect, and preserve archaeological and paleontological resources. Methods Background Research Background research was conducted on the project site to establish a thorough and accurate historic context, and to confirm the development history of the property (see DPR form set in Attachment A). This included a review of all available building permits on file with the City of Hermosa Beach; historical newspapers covering the City of Hermosa Beach and Los Angeles County via newspapers.com; historic aerial photographs of the project site via National Environmental Title Reference (NETR) and the University of Santa Barbara FrameFinder Maps; and applicable primary and secondary sources on file with local libraries. Survey South Environmental completed an intensive-level pedestrian survey of the project site on February 29, 2024. The built environment survey entailed walking the site and documenting the exterior of the existing building and property features with notes and photographs. Findings One built environment resource over 45 years old was identified within the project site: 435 8th Street. The property was recorded and evaluated for historical significance on the appropriate set of DPR Forms in consideration of CRHR and City designation criteria and integrity requirements (Attachment A). The property was found not eligible under all state and local designation criteria due to a lack of significant historical associations and architectural merit. No historical resources were identified within the project site as a result of this study. Therefore, with respect to built environment resources, the proposed project will have a less than significant impact on historical resources under CEQA. 118 Historic Resources Report 435 8th Street Project, City of Hermosa Beach 9 Should you have any questions regarding this report or its findings, please do not hesitate to contact us at scorder@southenvironmental.com or (760) 334-3355. Sincerely, _______________________ Sarah Corder, MFA Principal Architectural Historian Attachments A. DPR Form Set for 435 8th Street B. Resumes 119 ATTACHMENT A. DPR Form Set for 435 8th Street 120 Page 1 of 16 *Resource Name or #: (Assigned by recorder) 435 8th Street P1. Other Identifier: DPR 523A (9/2013) *Required information State of California ⎯ The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomial NRHP Status Code 6Z Other Listings Review Code Reviewer Date *P2. Location:  Not for Publication ■ Unrestricted *a. County Los Angeles and (P2c, P2e, and P2b or P2d. Attach a Location Map as necessary.) *b. USGS 7.5' Quad Redondo Beach Date 2024 T 03 N; R 15 W;  of  of Sec 36; MD B.M.. c. Address 435 8th Street City Hermosa Beach Zip 90254 d. UTM: Zone 11S, 370870.96 mE/ 3747502.95 mN e. Other Locational Data: (e.g., parcel #, directions to resource, elevation, decimal degrees, etc., as appropriate) APN 4187-014-011. The subject property is located on the north side of 8th Avenue with single- and multi-family residences to the west, north, east, and south. *P3a. Description: The subject property is a one-story single-family residence with a rectangular floor plan on a raised foundation. It has a side gabled roof clad with composition shingles and the exterior walls are clad with narrow, horizontal wood siding. The south facing primary elevation is symmetrical with three sets of French doors. A raised wooden porch spans the width of the primary elevation and features a metal balustrade (Exhibit 1) (see Continuation Sheet). *P3b. Resource Attributes: (List attributes and codes) HP2. Single family property *P4. Resources Present: ■ Building  Structure  Object  Site  District  Element of District  Other (Isolates, etc.) P5b. Description of Photo: (view, date, accession #) Primary south elevation, view to north (South Environmental 2024) *P6. Date Constructed/Age and Source: ■ Historic  Prehistoric  Both 1923 (City of Hermosa Beach) *P7. Owner and Address: Shad and Jazmin Peck 435 8th Street Hermosa Beach, CA 90254 *P8. Recorded by: Laura Carías South Environmental 2061 N. Los Robles Ave. Ste. 205 Pasadena, CA 91104 *P9. Date Recorded: 2/29/2024 *P10. Survey Type: Intensive *P11. Report Citation: Historic Resources Report for 435 8th Street, City of Hermosa Beach, Los Angeles County, California (South Environmental 2024) *Attachments: NONE ■Location Map ■Continuation Sheet ■Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record  Other (List): 121 Page 2 of 16 *Resource Name or # (Assigned by recorder) __435 8th Street *Map Name: Redondo Beach, California *Scale: 1:24,000 *Date of map: _2024__ DPR 523J (Rev. 1/1995)(Word 9/2013) *Required information State of California Natural Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# LOCATION MAP Trinomial 122 *Resource Name or # (Assigned by recorder) 435 8th Street *NRHP Status Code 6Z Page 3 of 16 DPR 523B (9/2013) *Required information State of California The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD B1. Historic Name: n/a B2. Common Name: n/a B3. Original Use: single-family residence B4. Present Use: single-family residence *B5. Architectural Style: Vernacular with Craftsman features *B6. Construction History: (Construction date, alterations, and date of alterations) Constructed in 1923 (City of Hermosa Beach Permit No. 910). The roof was replaced in 2011 (City of Hermosa Beach Permit No. B11-00342). A wood porch was added in 1979 (City of Hermosa Beach Permit No. 17986). The fenestration on the building’s main façade does not appear to be original, but there are no available permits for alterations (visual observation 2024). *B7. Moved? ■No Yes Unknown Date: n/a Original Location: n/a *B8. Related Features: B9a. Architect: n/a b. Builder: n/a *B10. Significance: Theme n/a Area n/a Period of Significance n/a Property Type n/a Applicable Criteria n/a The subject property is not eligible under all local and CRHR designation criteria due to a lack of important historical associations and architectural merit. B11. Additional Resource Attributes: (List attributes and codes) *B12. References: See Continuation Sheet B13. Remarks: *B14. Evaluator: Laura Carías, South Environmental *Date of Evaluation: 3/01/2024 (Sketch Map with north arrow required.) (This space reserved for official comments.) 123 DPR 523L (Rev. 1/1995) (Word 9/2013) *Required information State of California Natural Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI # Trinomial CONTINUATION SHEET Property Name: 435 8th Street _______________________________________________ Page __4__ of __16__ *P3a. Description (Continued): The west and east elevations follow the property line (Exhibits 2 and 3). Windows on the secondary elevations consist of jalousie windows and wood sash casement windows (Exhibits 4 and 5). A pair of triangular windows are located on the east elevation beneath the roof gable (Exhibit 6) and a covered patio is located at the north elevation bordered by a wood plank fence (Exhibits 7, 8, and 9). Exhibit 1. West elevation, view northeast 124 DPR 523L (Rev. 1/1995) (Word 9/2013) *Required information State of California Natural Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI # Trinomial CONTINUATION SHEET Property Name: 435 8th Street _______________________________________________ Page __5__ of __16__ Exhibit 2. East elevation, view northwest Exhibit 3. Jalousie window 125 DPR 523L (Rev. 1/1995) (Word 9/2013) *Required information State of California Natural Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI # Trinomial CONTINUATION SHEET Property Name: 435 8th Street _______________________________________________ Page __6__ of __16__ Exhibit 4. Wood sash casement window Exhibit 5. Triangular window beneath east roof gable 126 DPR 523L (Rev. 1/1995) (Word 9/2013) *Required information State of California Natural Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI # Trinomial CONTINUATION SHEET Property Name: 435 8th Street _______________________________________________ Page __7__ of __16__ Exhibit 6. Wood fence bordering parcel at north (left) and west elevation (right), view southeast. Exhibit 7.Wood fence and covered patio at north elevation, view south. 127 DPR 523L (Rev. 1/1995) (Word 9/2013) *Required information State of California Natural Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI # Trinomial CONTINUATION SHEET Property Name: 435 8th Street _______________________________________________ Page __8__ of __16__ Exhibit 8. North elevation, view southwest 128 DPR 523L (Rev. 1/1995) (Word 9/2013) *Required information State of California Natural Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI # Trinomial CONTINUATION SHEET Property Name: 435 8th Street _______________________________________________ Page __9__ of __16__ *B10. Significance (Continued): Historical Overview of the City of Hermosa Beach The City of Hermosa Beach was once part of the Mexican land grant Rancho Sausal Redondo. The Rancho was granted to Antonio Ygnacio Avila in 1837 by the Governor of Alta California, Juan Alvarado. Rancho Sausal Redondo encompasses land from present day Playa del Rey to the north, Inglewood to the east, and Redondo Beach to the south, with Hermosa Beach located within the 10-mile ocean frontage of the Rancho (PCAD 2024). Avila had to fight to keep his Rancho after California joined the Union in 1850. It took years for Avila to get his land back. The rancho was subsequently sold by his heirs in 1858 upon his death (Miller 2005). The former Rancho lands continued to change hands many times. By the late 1880s, Canadian- born Daniel Freeman owned much of the Rancho where he grew barley and other grains. He also raised sheep, horses, and cattle on the land (Miller 2005). In 1900, purchasing agents A.L. Burbank and E.V. Baker acquired 1,500 acres of land from A. E. Pomeroy for $35 an acre. Burbank and Baker were agents for Moses Hazeltine Sherman and Eli P. Clark, who created the Hermosa Beach Land and Water Company, with the expectation that a resort town would manifest along the coastline (Miller 2005). When the Hermosa Beach Land and Water Company began developing the area, Manhattan Beach was not yet established, and Redondo Beach was a busy seaport (Los Angeles County Beaches & Harbors 2021). The beaches of Hermosa Beach were made up of sand dunes and fierce winds, making it slightly unbearable for the first residents. In 1901, 500,000 feet of Oregon pine was used to create a boardwalk on the Strand, however high tides kept washing away the planks and they were finally replaced with a cement walkway in 1914 (Los Angeles County Beaches & Harbors 2021). The first pier was constructed of wood in 1904 by the Hermosa Beach Land and Water Company and extended 500 feet into the ocean (Rhein 2023). The pier was destroyed in a heavy storm in 1913 and was replaced with a concrete pier topped with asphalt that was double the length of the first one (Miller 2005). The pier suffered damage due to storms over the years and was replaced several times. The Santa Fe Railway was the only transportation system providing service through Hermosa Beach and it ran parallel to Valley Drive and Ardmore Avenue. The railway did not have a depot until 1926 when the Santa Fe Company built one on the north side of Pier Avenue. Seven blocks of Santa Fe Avenue (now Pier Avenue) was paved from the beach up to the railway depot located on today’s Valley Drive (Miller 2005). The Old Santa Fe Depot installed Western Union telegraph service within it (Rhein 2023). In 1904, Sherman and Clark brought the Los Angeles Pacific Railway (LAPR) to Hermosa Beach. The line became the first electric transportation in the City and ran along Hermosa Avenue (Rhein 2023). The Pacific Electric Railroad took over the LAPR in 1911 and built a freight office and passenger station on the northeast corner of Pier and Hermosa Avenues and was later torn down in 1914 (Rhein 2023). Hermosa Beach incorporated on January 14, 1907. That same year, Hermosa Beach acquired ownership of a two-mile stretch of beach from the Hermosa Beach Land and Water Company, with the exception of 250 feet on either side of the pier. The deed stated that “it was to be held in perpetuity as a beach playground, free from commerce, and for the benefit of not only the residents of Hermosa but also for the sea lovers of Hermosa Beach.” (Rhein 2023). Hermosa Beach was, for the most part, a resort town until the 1920s. Most visitors came to visit during the warm summer months with no desire to establish permanent roots in the 129 DPR 523L (Rev. 1/1995) (Word 9/2013) *Required information State of California Natural Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI # Trinomial CONTINUATION SHEET Property Name: 435 8th Street _______________________________________________ Page __10__ of __16__ area. The few permanent residents the City did have were older and retired. There were approximately 3,000 residents in Hermosa Beach in 1930. The Great Depression hit many residents hard as approximately 1,000 lots were taken back through tax default. Many residents fished off the pier to feed themselves and their families (Los Angeles County Beaches & Harbors 2021). In the 1940s, many wartime industries enticed workers to the area, and Hermosa Beach’s population increased to 7,000. By the 1950s, the population increased to approximately 11,800 residents (Gazin 1991). The population continued to increase over time with an estimated population of over 18,000 by 1990 (Grazin 1991). Today, Hermosa Beach is one of the most popular beach communities in Los Angeles County because of its beaches, shopping, swimming areas, and volleyball nets along the beach (Los Angeles County Beaches & Harbors 2021). Property History The subject property was constructed in 1923 (City of Hermosa Beach Permit No. 910). The first historic aerial photograph of the area is dated 1928, but the subject property is not clearly visible as a result of poor image quality. At that time, the surrounding area was partially developed with many empty parcels (UCSB 2024). The subject property is visible in the 1932 aerial photograph and is located two blocks west of the Santa Fe Railroad with single-property residences to the east and west (UCSB 2024). The 1932, 1938, and 1940 historic aerials show further development taking over empty parcels (Exhibit 10) (UCSB 2024). Exhibit 9. 1940 historic aerial photograph, red arrow pointing to subject residence (UCSB 1940) In 1943, property owner G.V. Cooper pulled a permit to repair a retaining wall (City of Hermosa Beach Permit No. 3021). Private Ray O. Hurt, a member of the United States Army, is listed as a resident at the subject property in April 1945 when the Los Angeles Times 130 DPR 523L (Rev. 1/1995) (Word 9/2013) *Required information State of California Natural Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI # Trinomial CONTINUATION SHEET Property Name: 435 8th Street _______________________________________________ Page __11__ of __16__ listed him as injured while on duty in Europe (Los Angeles Times 1945). The Sanborn Map from 1946 demonstrates that the residence retains the same footprint as it does today with a note that states the residence does not have a chimney (Exhibit 11) (Sanborn Map 2024). Exhibit 10. 1946 Sanborn Map, red arrow pointing to subject property The 1960 aerial photograph reveals that approximately 90 percent of the surrounding parcels that were once empty were developed (NETR 2024). In 1975, subject property owner Jerry Fevaag (listed as a Colorado resident) was cited by the City for an electrical infraction (City of Hermosa Beach 1975). David R. Miller and Judith A. Obear were cited in 1978 by the City for illegally constructing a wooden porch at the primary elevation (City of Hermosa Beach 1978.) Joseph Roman pulled an “after the fact” permit to legalize the porch in 1979 (City of Hermosa Beach Permit No. 17896). Google Steet View imagery for this area dates back to October 2008. In this imagery, the residence east of the subject property appears to also date to the 1920s. A large tree sits between both properties and there is no sidewalk, with the street asphalt coming up to meet the front porch of both properties (Google 2024). Street View imagery from July 2011 shows contractors installing a new roof, which matches a permit pulled by then owners, Thomas J. and Teresa M. Smith (Google 2024; City of Hermosa Beach B11-00342). The next big change to the property comes in 2019 when the house to the east is under major reconstruction and by 2021, the large tree between the properties has been removed and a new city sidewalk installed, presumably all as a result from the 2019 construction (Exhibits 12 and 13). No other changes to the property are noted in the imagery. 131 DPR 523L (Rev. 1/1995) (Word 9/2013) *Required information State of California Natural Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI # Trinomial CONTINUATION SHEET Property Name: 435 8th Street _______________________________________________ Page __12__ of __16__ Exhibit 12. Google Street View from 2018 showing tree and non-existent sidewalk (Google Street View 2018) Exhibit 13. Google Street View from 2020 showing new sidewalk and removal of tree (Google Street View 2021) 132 DPR 523L (Rev. 1/1995) (Word 9/2013) *Required information State of California Natural Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI # Trinomial CONTINUATION SHEET Property Name: 435 8th Street _______________________________________________ Page __13__ of __16__ Ownership and Occupancy History City Directories, historic newspapers, building permits, and other online sources were reviewed to develop the following ownership and occupancy history: • 1931, Paul C. English, salesman (City Directory 1931) • 1943, G.V. Cooper (City of Hermosa Beach Building Permit 1943) • 1947, Lillian Clark, widow (City Directory 1947) • 1945, Ray O. Hurt (Los Angeles Times 1945) • 1952, Ernest C. and Edith Miller, Ernest is listed as a Douglas aircraft worker (City Directory 1952) • 1957, Barney Doran, sergeant-at-arms for the Douglas Club (Redondo Beach Reflex 1957) • 1976, Jerry and Margaret Fevaag (City of Hermosa Beach Building Permit 1976) • 1978, David R. Miller and Judith Obear (City of Hermosa Beach citation 1978) • 1979, Joseph Roman (City of Hermosa Beach Building Permit 1979) • 1987, Richard Coleman (City of Hermosa Beach Building Permit 1987) • 2000, Thomas J. and Teresa Smith (City of Hermosa Beach Building Permit 2000) • 2015, Juan and Roxanne Moreno ((City of Hermosa Beach Building Permit 2015) No further information was found on any of the occupants or owners of the property through the course of archival research. Significance Evaluation The following presents an evaluation of the subject property in consideration of CRHR and City designation criteria. Due to the similarities between state and local designation criteria, discussions have been combined where possible to avoid duplicative text. CRHR Criterion 1. Is associated with events that have made a significant contribution to the broad patterns of California’s history and cultural heritage. The subject property was constructed in 1923 and served as a single-family residence. The residence was constructed at a time when Hermosa Beach was mostly a resort town with few permanent residents. Based on historic aerial photographs, the residence was one of several residences in the area in the 1920s and 1930s. Archival research failed to find information indicating that the property was associated with events that have made significant contributions to the history of California or Hermosa Beach. Further, alterations to the residence and surrounding setting prevent it from conveying this early period of development in Hermosa Beach. Therefore, the subject property does not appear eligible under CRHR Criterion 1. CRHR Criterion 2. Is associated with the lives of persons important in our past. City Criterion B. It is identified with persons or events significant in local, state, or national history; The subject property is associated with several residents: Paul C. English, G.V. Cooper, Lillian Clark, Ray O. Hurt, Ernest C. and Edith Miller, Barney Doran, Jerry and Margaret Fevaag, David. R. Miller and Judith Obear, Joseph Roman, Richard Coleman, Thomas J. and Teresa M. Smith and Juan and Roxanne Moreno. No further information was found regarding any of the residents and no other significant persons associated with the subject property 133 DPR 523L (Rev. 1/1995) (Word 9/2013) *Required information State of California Natural Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI # Trinomial CONTINUATION SHEET Property Name: 435 8th Street _______________________________________________ Page __14__ of __16__ were identified through the course of archival research. Therefore, the subject property does not appear eligible under CRHR Criterion 2 or City Criterion B. CRHR Criterion 3. Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values. City Criterion C. It embodies distinctive characteristics of a style, type, period, or method of construction, or is a valuable example of the use of indigenous materials or craftsmanship. City Criterion D. It is representative of the notable work of a builder, designer, or architect The subject property is a vernacular with no identifiable architectural style. While it is vernacular in appearance, the property does feature narrow, horizontal wood siding and wide window surrounds, which appear to be slightly inspired by the Craftsman aesthetic. The residence also features three French doors at the primary elevation and an open, full- width porch that was added in 1978, which further diminish the original style. Fenestration throughout the subject property is a mix of styles and window types including wood casement windows, glazed French doors, jalousie windows, and replacement vinyl sliding windows. The subject property was also constructed with common and mass-produced materials and does not serve as a valuable example of use of indigenous materials or craftsmanship. Further, there is no known builder or architect. For these reasons, the subject property does not appear eligible under CRHR Criterion 3, or City Criterion C or D. CRHR Criterion 4. Has yielded, or may be likely to yield, information important in prehistory or history. The subject property is not significant as a source, or likely source, of important historical information nor does it appear likely to yield important information about historic construction methods, materials, or technologies. the subject property does not appear eligible under CRHR Criterion 4. City Criterion A. It exemplifies or reflects special elements of the City’s cultural, social, economic, political, aesthetic, engineering, or architectural history. The subject property is single-family residence constructed in what was once a beach resort community, but does not exemplify a special element of the City’s social, economic, political, aesthetic, engineering, or architectural history. Further, alterations to the residence and surrounding setting prevent it from conveying this early period of development in Hermosa Beach. City Criterion E. Its unique location or singular physical characteristic(s) represents an established and familiar visual feature of landmark of a neighborhood, community of the City. There is no evidence that the subject property represents an established and familiar visual feature or landmark in the community. The residence is located in between properties much larger in scale, making it difficult to see from further up or down 8th Street. Integrity Location: The subject property retains integrity of location as it remains in its original 134 DPR 523L (Rev. 1/1995) (Word 9/2013) *Required information State of California Natural Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI # Trinomial CONTINUATION SHEET Property Name: 435 8th Street _______________________________________________ Page __15__ of __16__ location in its original orientation. Design: The subject property lacks integrity of design as it appears that the primary elevation has been altered with the addition of French doors and a porch. Setting: The subject property lacks integrity of setting. The surrounding buildings have all been replaced or heavily altered throughout the years and no longer resemble the beachside community with small buildings from the early 20th century. Materials: The subject property has diminished integrity of materials. Several windows have been replaced as well as the addition of French doors on the primary elevation. Workmanship: The subject property lacks integrity of workmanship. The removal of original windows and addition of features, such as metal balustrade and covered patio at the north elevation, have diminished the original workmanship. Feeling: The subject property lacks integrity of feeling. The building to the west has encroached on the north elevation of the property. The addition of multiple-story buildings to the north has altered the feeling and sightline around the subject property. Association: The subject property lacks integrity of association as no significant associations were identified through archival research. The subject property does not appear eligible for listing in the CRHR, or as a City of Hermosa Beach Landmark due to a lack of important historical associations, a lack of architectural merit, and compromised integrity. B12. References: City Directories. Various Years. City Directories of 435 8th Street and surrounding area. On file at Los Angeles County Library, Manhattan Beach Branch. City Directories. Various Years. City Directories of 435 8th Street and surrounding area. Accessed March 2023. https://www.ancestry.com City of Hermosa Beach Building Department Records, various years. County of Los Angeles Assessor’s Office. Digital file for 435 8th Street. Gazin, Patricia A. 1991. Footnotes on the Sand. Myron Gazin. Google Street View. 2024. Accessed online: https://www.google.com/maps/@33.8598518,- 118.3958401,3a,75y,319.99h,90t/data=!3m7!1e1!3m5!1sBVyDQhzycFruW_JVXVOwWA!2e0!5s202 20701T000000!7i16384!8i8192?entry=ttu Long Beach County Beaches & Harbors. 2021. “Los Angeles County: Hermosa Beach.” Accessed online: https://beaches.lacounty.gov/hermosa- beach/#:~:text=BEACH%20HISTORY,covered%20with%20fields%20of%20grain. Los Angeles Times. “171 Southlanders on Casualties List.” April 14, 1945, pg. 7. Accessed online: https://www.newspapers.com/article/the-los-angeles-times- 19450414latpvt-r/142311059/ 135 DPR 523L (Rev. 1/1995) (Word 9/2013) *Required information State of California Natural Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI # Trinomial CONTINUATION SHEET Property Name: 435 8th Street _______________________________________________ Page __16__ of __16__ Miller, Chris and Jerry Roberts. 2005. Images of America: Hermosa Beach. Arcadia Publishing, San Francisco, CA. NETR (Nationwide Environmental Title Research, LLC). 2024. Historic Aerial Photographs of Hermosa Beach, CA from 1953, 1963, 1972, 1980, 1985, 1991-2000, 2003-2005, 2009, 2010, 2012, 2014, 2016, 2018, and 2020. Accessed online via: https://historicaerials.com/viewer. Pacific Coast Architecture Database (PCAD). “Rancho Sausal Redondo, Los Angeles County, CA.” Accessed online: https://pcad.lib.washington.edu/building/15985/ Redondo Beach Reflex. “Local Men Elected to Douglas Club.” March 8, 1957, pg. 1. Accessed online: https://www.newspapers.com/article/the-redondo-reflex- 19570308redondo-refl/142311603/ Rhein, Fern. (2023). “The History of Hermosa Beach.” Hermosa Beach Museum. Accessed online: https://www.hermosabeachhistoricalsociety.org/early-hermosa UCSB (University of California, Santa Barbara). 2024. Historic aerial photographs of Hermosa Beach, California dating from 1928, 1932, 1938, 1940, 1952, 1960, 1965, and 1979. Map & Imagery Laboratory (MIL) UCSB Library. Accessed online via https://mil.library.ucsb.edu/ap_indexes/FrameFinder/ 136 ATTACHMENT B. Resumes 137 Email: scorder@southenvironmental.com Mobile: 760-334-3355 EDUCATION M.F.A., Historic Preservation, Savannah College of Art and Design, Savannah, Georgia, 2004 B.A., History, Bridgewater College, Bridgewater, Virginia, 2002 PROFESSIONAL AFFILIATIONS California Preservation Foundation Los Angeles Conservancy Society of Architectural Historians National Trust for Historic Preservation PROFESSIONAL EXPERIENCE South Environmental (2022- present), Principal Architectural Historian Dudek (2017-2022), Historic Built Environment Lead SWCA Environmental Consultants (2009-2014), Architectural Historian/Project Coordination Lead Sabe Preservation Consulting (2004-2009), Historic Preservation Specialist Sarah Corder, MFA PRINCIPAL ARCHITECTURAL HISTORIAN Sarah Corder is the Principal Architectural Historian at South Environmental with 20 years’ experience in all elements of cultural resources management, including project management, historic preservation planning, rehabilitation of historic buildings, community engagement, intensive-level field investigations, citywide surveys, architectural history studies, and historical significance evaluations in consideration of the NRHP, CRHR, and local-level evaluation criteria. Sarah has conducted thousands of historical resource evaluations and developed detailed historic context statements for a multitude of property types and architectural styles, including private residential, commercial, military, industrial, educational, recreational, civic, and agricultural properties. Sarah has also worked closely with design teams, property owners, and agencies on numerous projects that required conformance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties (Standards) and local design guidelines. Sarah exceeds the Secretary of the Interior’s Professional Qualification Standards for both Architectural History and History. She has extensive experience preparing environmental compliance documentation in support of projects that fall under the CEQA/NEPA, and Sections 106 and 110 of the National Historic Preservation Act. Sarah also has extensive experience consulting with lead agencies and managing large scale projects for municipalities like the City of Coronado, the City of San Diego, and the County of Los Angeles. EXPERTISE • CEQA, NEPA, and Section 106 of the NHPA compliance documentation in consideration of impacts to historical resources, and historic properties. • Large scale historic resources survey management and execution. • Large scale historic context statement development. • Community engagement. • Resource significance evaluations in consideration of NRHP, CRHR, and local designation criteria. • Project design review for conformance with the Secretary of the Interior’s Standards. 138 Sarah Corder, MFA Resume, Page 2 SELECT PROJECT EXPERIENCE Historic Structures/Sites Report (HSSR) for 3237 State Street, City of Santa Barbara, California (2022-2023). South Environmental was retained to prepare a Section 106 compliant HSSR for the Fremont Hall United States Army Reserve Center. Ms. Corder serves as the principal architectural historian, project manager, and primary author. This project included an intensive-level, pedestrian survey of the project site by a qualified architectural historian, building development and archival research; and recordation and evaluation of one military property for historical consideration in consideration of NRHP, CRHR, and City of Santa Barbara designation criteria. As part of this study, a Phase 1 HSSR was prepared for the property that included a historic context statement and significance evaluation and a Phase 2 HSSR that provided a detailed impacts analysis and Secretary of the Interior’s Standards conformance review. As a result of this property significance evaluation, the property was found eligible for designation at the national, state and local level. In addition to the evaluation and conformance reports, Ms. Corder also prepared and facilitated the execution of a Memorandum of Agreement for the transfer of the property out of federal ownership. Historical Resources Avoidance and Protection Plan for Upper and Lower Arroyo Trail Improvements, City of Pasadena, California (2023). South Environmental was retained to prepare a Historical Resources Avoidance and Protection Plan for the One Arroyo Trail Demonstration Project located in the City of Pasadena, California. The project proposes to make improvements to existing trails, walls, bridges, and related elements that fall within the NRHP Pasadena Arroyo Parks and Recreation District, which includes the Lower Arroyo and Central Arroyo as well as numerous contributing elements comprising buildings, sites, landscape elements, and structures throughout. This project included a review of all proposed plans for SOIS conformance and conformance with the Arroyo Seco Design Guidelines and development of an Avoidance and Protection Plan to mitigate any significant impacts to the historic district. Ms. Corder serves as the principal architectural historian for the project. Historic Resources Technical Report for 510 East Ojai Avenue, City of Ojai, California (2023). South Environmental was retained to complete a Historic Resources Technical Report for the 510-512 East Ojai Avenue Project located in the City of Ojai, Ventura County, California. This report includes the results of an intensive-level pedestrian survey of all built environment resources over 45 years old within the project site; building development and archival research; and recordation and evaluation of a commercial property for historical significance in consideration of federal, state, and local designation criteria and integrity requirements. As a result of the property significance evaluation, the property was recommended not eligible for local and CRHR designation. Ms. Corder served as the principal architectural historian and project manager for the project, performed archival research and field work, co-authored the technical report, and provided QA/QC on all project deliverables. Historic Built Environment Assessment for Fullerton Airport Administration and Terminal Building Expansion Project, City of Fullerton, California (2023). South Environmental was retained to prepare a historic built environment assessment report in support of the Fullerton Administration and Terminal Building Expansion Project located in the City of Fullerton at the Fullerton Municipal Airport. The purpose of the project was to determine if the proposed project would result in adverse effects to historic properties located within the project’s Area of Potential Effects (APE). This report was prepared in conformance with the requirements of Section 106 of the National Historic Preservation Act (NHPA) and its implementing regulation Title 36 Code of Federal Regulations (CFR) Part 800. The report included an intensive-level pedestrian survey, development and archival research, development of an appropriate historic context, and recordation and evaluation of one built environment resource within the project APE over 50 years old that had not been previously evaluated for historical significance. As a result of this 139 Sarah Corder, MFA Resume, Page 3 study, the property was found not eligible for the NRHP. Ms. Corder served as the principal architectural historian for the project, performed archival research, and co-authored the report. Historical Significance Evaluation for the 12217 Rosecrans Avenue Project, City of Norwalk, California (2023). South Environmental was retained to prepare a historical significance evaluation for a residential property that was constructed in 1928. The evaluation included the results of an intensive- level, pedestrian survey of the project site by a qualified architectural historian; building development and archival research; and recordation and evaluation of one property for historical significance in consideration of NRHP and CRHR criteria and integrity requirements. As a result of the property significance evaluation, the property was recommended not eligible for designation. Ms. Corder served as the principal architectural historian for the project and provided QA/QC on all project deliverables. Historic Built Environment Assessment for the 727 South East Street Project, City of Anaheim, California (2023). South Environmental was retained to prepare a historic built environment assessment for the 727 South East Street Project within the City of Anaheim. The analysis included the results of an intensive-level, pedestrian survey of the project site by a qualified architectural historian; building development and archival research; and recordation and evaluation of one property for historical significance in consideration of CRHR and City of Anaheim criteria and integrity requirements. As a result of the property significance evaluation, the property was recommended not eligible for local and CRHR designation. Ms. Corder served as the principal architectural historian for the project and provided QA/QC on all project deliverables. Historic Built Environment Assessment for the 1170 Pedro Street Project, City of San José, California (2023). South Environmental was retained to prepare a historic built environment assessment for the San José Swim and Racquet Club that was constructed in 1957 within the City of San José. The assessment included the results of an intensive-level, pedestrian survey of the project site; building development and archival research; and recordation and evaluation of one property for historical significance in consideration of CRHR and City of San José criteria and integrity requirements. As a result of the property significance evaluation, the property was recommended not eligible for local and CRHR designation. Ms. Corder served as the principal architectural historian for the project and provided QA/QC on all project deliverables. Historic Built Environment Assessment for the 710-818 East Katella Avenue Project, City of Anaheim, California (2023). South Environmental was retained to prepare a historic built environment assessment for a commercial building that was constructed in 1965 within the City of Anaheim. The assessment included the results of an intensive-level, pedestrian survey of the project site; building development and archival research; and recordation and evaluation of one property for historical significance in consideration of CRHR and City of Anaheim criteria and integrity requirements. As a result of the property significance evaluation, the property was recommended not eligible for local and CRHR designation. Ms. Corder served as the principal architectural historian for the project, co-authored the report, and provided QA/QC on all project deliverables. Historic Structures and Sites Report for 17-21 West Montecito Street Project, City of Santa Barbara, California (2023). South Environmental was retained by a private property owner to evaluate two properties identified as 17 and 21 West Montecito Street within the City of Santa Barbara. This project included an intensive-level, pedestrian survey of the project site by a qualified architectural historian, building development and archival research; coordination with the City; and recordation of two commercial properties. As a result of this study, it was uncovered that the properties served as historical motorcycle and automobile shops for many years. As a result of the compromised integrity of the properties, they were found not eligible for designation at the local level. 140 Email: lcarias@southenvironmental.com Mobile: 310-809-4696 EDUCATION M.A., Public History, California State University, Sacramento, 2006 B.A., History and Chicano Studies, California State University, Dominguez Hills, 2003 PROFESSIONAL AFFILIATIONS California Preservation Foundation Society of Architectural Historians National Trust for Historic Preservation Laura G. Carías, MA SENIOR ARCHITECTURAL HISTORIAN Laura Carías has over 17 years of experience in the field of historic and cultural resources evaluation, identification, documentation, and preservation Ms. Carías specialized in historic resources assessments including historic significance evaluation in consideration of the California Register of Historical Resources (CRHR), and the National Register of Historic Places (NRHP), and local-level evaluation criteria. She also has experience in intensive-level field surveys, historic structure reports, design consultation, conformance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties, Historic American Buildings Survey and Historic American Engineering Record documentation, local Mills Act contracts, and local, state, and nation landmark designations. Ms. Carías meets the Secretary of the Interior’s Professional Qualification Standards for both Architectural History and History. She has experience preparing environmental compliance documentation in support of projects that fall under the California Environmental Quality Act (CEQA/National Environmental Quality Act (NEPA), and Section 106 of the National Historic Preservation Act (NHPA). EXPERTISE • CEQA, NEPA, and Section 106 of the NHPA compliance documentation in consideration of impacts to historical resources, and historic properties • Historic resource significance evaluations in consideration of NRHP, CRHR, and local designation criteria • Project design review for conformance with the Secretary of the Interior’s Standards • Preparation of archival documentation for HABS/HAER/HALS • Historic Structure Reports • Historic Preservation Certification Part 1 and 2 Tax Credit Applications 141 Laura G. Carías, MA Resume, Page 2 RECENT PROJECT EXPERIENCE Historical Significance Evaluation Report for 54 East Stanley Avenue, Ventura, California (2023). South Environmental was retained to complete a Historical Significance Evaluation Report for the residence located at 54 East Stanley Avenue in the City of Ventura, Ventura County, California. The subject residence at 54 East Stanley Avenue was recorded and evaluated for historical significance on the appropriate set of State of California Department of Parks and Recreations Series 523 forms (DPR Forms) in consideration of National Register of Historic Places (NRHP), California Register of Historical Resources (CRHR), and City of Ventura Historic Landmarks & Districts designation criteria and integrity requirements. As a result of the field survey, archival research, and historical significance evaluation, subject property was found not eligible under all NRHP, CRHR, and local designation criteria due to a lack of significant historical associations, a lack of architectural merit, and poor integrity. Based on this finding, no historical resources, as defined by CEQA, were identified. Ms. Carías served as the senior architectural historian, primary report author and completed field work and archival research for the property. Historical Significance Evaluations for the Orange-San Antonio Multi-family Residential Project, City of Long Beach, California (2023). South Environmental was retained to prepare two historical significance evaluations in support of the Orange-San Antonio Multi-family Residential Project (project) in the City of Long Beach, California. The purpose of the evaluations is to determine if the two historic- age commercial buildings located within the proposed project site are considered “historical resources” as defined in California Environmental Quality Act (CEQA) Guidelines § 15064.5 for historical resources. Two commercial buildings over 45 years old were identified within the project site: 1140-1154 East San Antonio Drive and 4501-4515 Orange Avenue. Both buildings were found not eligible under all state and local designation criteria due to a lack of significant historical associations and architectural merit. Therefore, neither building is a “historical resource” as defined by CEQA. Ms. Carías served as senior architectural historian and author for the report. Historic Built Environment Evaluation Report for 1442 North Dale Avenue Project, Anaheim, Orange County, California (2022). South Environmental was retained to prepare a historic built environment assessment report for the City of Burlingame in support of the 1442 North Dale Avenue Project. One resource, a single-family resource and associated ancillary buildings, were identified within the proposed project area. The entire property was recorded and evaluated for historical significance in consideration of CRHR and the City of Anaheim’s Mills Act Program Guidelines. The property was found not eligible under all designation criteria due to a lack of significant historical associations and integrity. The proposed project was found to have a less than significant impact on historical resources under CEQA. Historical Resources Evaluation Report for the I-5 Improvement Project (San Diego County Line to Avenida Pico), City of San Clemente, Orange County, California (2022). South Environmental was retained to prepare a Historical Resource Evaluation Report in support of the I-5 Improvement Project in the City of San Clemente. South Environmental carried out a survey of the I-5 corridor from the San Diego County line to Avenida Pico in the City of San Clemente and identified six built environment resources over 45 years old. The resources were evaluated for historical significance in consideration of NRHP, CRHR and City designation criteria and integrity requirements and were found not eligible under all designation criteria and integrity requirements. The proposed project was found to have a less than significant impact on historical resources under CEQA. Ms. Carías served as the architectural historian for the project, performed field work, and co-authored all deliverables. 142 Public Notification Package – 435 8th Street 143 City of Hermosa Beach PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Hermosa Beach shall hold a public hearing on Tuesday, May 21, 2024 at 7:00 PM to consider the following: 1. PARKING PLAN (23-01) AND VARIANCE (23-03) FOR A NEW 975-SQUARE-FOOT SINGLE- FAMILY DWELLING WITH A VARIANCE TO ALLOW A NINE-FOOT GARAGE SETBACK INSTEAD OF 17 FEET AND A VARIANCE TO ALLOW THE REQUIRED OPEN SPACE TO BE PROVIDED IN A DIFFERENT RATIO THAN REQUIRED; AND A PARKING PLAN TO ALLOW A RECONFIGURED GUEST PARKING SPACE AT 435 8TH STREET IN THE MULTIPLE-FAMILY RESIDENTIAL ZONE. 2. CONDITIONAL USE PERMIT AMENDMENT REQUEST (APE22-05) TO ALLOW ONSITE SERVICE OF BEER, WINE, AND SPIRITS IN THE FIRST-FLOOR LOUNGE AREA BETWEEN 7AM AND 10PM, AND ON THE THIRD-FLOOR DECK BETWEEN 9AM AND 9PM, TO GUESTS AND REGISTERED GUESTS ANT THEIR GUESTS, AT AN EXISTING HOTEL (H2O HOTEL) LOCATED AT 1429 HERMOSA AVENUE, AND DETERMINATION THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). 3. A CONDITIONAL USE PERMIT (CUP23-13) TO ALLOW A 7,214-SQUARE-FOOT PRESCHOOL AND DAYCARE WITH AN OUTDOOR PLAY AREA AT 210 PACIFIC COAST HIGHWAY IN THE SPECIFIC PLAN AREA (SPA) - 7 ZONE, AND DETERMINE THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PER SECTION 15303, CLASS 3 OF THE CEQA GUIDELINES FOR A PROJECT INVOLVING THE CONVERSION OF EXISTING STRUCTURES FROM ONE USE TO ANOTHER. 4. A ZONE TEXT AMENDMENT (TA 24-02) TO AMEND TITLE 17 OF THE HERMOSA BEACH MUNICIPAL CODE FOR HOUSING ELEMENT-RELATED REGULATIONS PERTAINING TO MIXED-USE DEVELOPMENT, REVIEW PROCESSES, AND MULTI-FAMILY RESIDENTIAL PARKING REQUIREMENTS AND DETERMINE THAT THE ZONE TEXT AMENDMENT IS CONSISTENT WITH THE PLAN HERMOSA ENVIRONMENTAL IMPACT REPORT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. Environmental Determination: Pursuant to the California Environmental Quality Act, the previously-adopted set of Housing-Element related Zoning Text Amendments were evaluated for consistency with the certified PLAN Hermosa Environmental Impact Report (EIR). An EIR Addendum was prepared in September 2023, pursuant to CEQA Guidelines Section 15162. The evaluation found that the proposed ZTA would not trigger any of the conditions set forth in State CEQA Guidelines Section 15162, as the changes would not result in any new significant environmental impacts nor substantially increase the severity of any significant impacts described in the PLAN Hermosa EIR, certified on August 22, 2017. ZTA 24-02 was evaluated in accordance with the Addendum and found to be consistent with prior findings. SAID PUBLIC MEETING is open to the public and being held in-person in the City Hall Council Chambers located at 1315 Valley Drive, Hermosa Beach, CA 90254. Public comment is only guaranteed to be taken in person at City Hall during the meeting or prior to the meeting by submitting an eComment, email or letter for an item on the agenda. As a courtesy only, the public may view and participate on action items listed on the agenda via the following: 144 ZOOM - https://us02web.zoom.us/j/82539742028?pwd=OUNTRDNvd2l6TzBpTDljc2x6bGFwdz09 Meeting ID: 825 3974 2028 Password: 207860 PHONE - Toll Free: (833) 548-0276; Meeting ID: : 825 3974 2028, then #; Passcode: 207860 PLEASE BE ADVISED that while the City will endeavor to ensure these remote participation methods are available, the City does not guarantee that they will be technically feasible or work all the time. Further, the City reserves the right to terminate these remote participation methods (subject to Brown Act restrictions) at any time and for whatever reason. Please attend in person or by submitting an eComment prior to the meeting to ensure your public participation. To guarantee live time viewing and/or public participation, members of the public shall attend in Council Chambers. CABLE TV - Spectrum Channel 8 and Frontier Channel 31 in Hermosa Beach YOUTUBE - https://www.youtube.com/c/CityofHermosaBeach90254 LIVE STREAM - www.hermosabeach.gov and visit the Agendas/Minutes/Videos page To comply with the Americans with Disabilities Act of 1990, Assistive Listening Devices (ALD) are available for check out at the meeting. If you require special assistance to participate in this meeting, you must call or email the Office of the City Clerk at (310) 318-0204 or at cityclerk@hermosabeach.gov at least 48 hours before the meeting. IF YOU 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 above-listed departments at, or prior to, the public meeting. FOR FURTHER INFORMATION, please contact the Community Development Department at (310) 318-0235 or CommunityDevelopment@hermosabeach.gov. Department hours are 7:00 AM to 6:00 PM, Monday-Thursday. A copy of the agenda and staff report(s) will be available for public review 72 hours in advance of the meeting on the City’s website at www.hermosabeach.gov. Carrie Tai, AICP Director of Community Development 145 146 147 Maddie O’Connor 148 Kris Kimble 1621 Loma Dr. We have lived in Hermosa Beach for nearly 20 years and I consult in the transportation electrification industry. Car size, desired use of public transportation, and minimum/maximum parking requirements are being rethought throughout the world and particularly in dense urban areas...I believe this property is a perfect example of an improvement to our city while addressing larger societal shifts AND without sacrifice or impact to the community. I believe this variance is a reasonable and responsible request. 149 Lacy Kuester I support the applicants’ petition for variances, which seem fair and appropriate given the unique situation and proportions of their lot. Their plans for a small family home look well-designed and would be a welcome upgrade on 8th street. 150 Mason Schuler 626 Sunset Dr - Strongly support for the following reasons: Parking Improvements: The proposed garage setback and reconfigured guest parking space are smart solutions given the small lot size. This should improve the current parking situation, where the residents currently take up existing street parking as they have no other option, reducing the strain on public parking spaces in our very busy 8th St corridor, where guest parking is already at an extreme premium. This alone should be enough to approve the revised plans that clearly try to balance around legacy requirements that most likely were not written to with properties like this in mind. Allowing this plan appears to make good 'common sense' when looking at the lot size, the existing space, the changes made when the side walk was constructed which removed the prior street parking on 8th, contributing to the parking situation. I personally appreciate the sidewalk that was put in for the broader community, and making this adjustment is an easy opportunity to support a resident/homeowner making a completely reasonable request. Creative Use of Space: The project’s approach to open space, especially by using space up against a multi-family that will not inhibit any other neighbors. By reconfiguring the required open space and making good use of the roof deck, the plan looks like it improves the space for the owners and maximizes the limited lot are in a simple non-intrusive way. While the existing house dates back to 1923, the historical resource report shows that it doesn’t hold significant historical or architectural value. One look at the house while driving by will also confirm, that this makes way for an updated build that can better serve our community’s needs without losing any heritage, or specific architectural history. Alignment with PLAN Hermosa: The proposed home fits well with the goals and policies of PLAN Hermosa. In accordance with life post-covid to those who work remotely, it promotes LOCAL urban living, mimics the neighborhood’s character without building a large overpowering building as so many other approved projects, and provides much-needed private open space while improving public safety on 8th, removing the patio extending into the right-of-way. This proposed plan allows for a creative space that supports raising a local family, keeping long time residents local, supported and contributing in a way that keeps Hermosa, Hermosa. Regards - Mason 151 Debi Aggers 535 24th Pl We live in the sand section and my husband's business is on Cypress in the Light Industrial zone near this property. The plan looks like a great use of space considering that there isn't much space to utilize. Adding in a small parking space off the street allows for less public parking to be used. This area is extremely tight, and this solves some apparent parking and space issues for the applicant. 152 Erika Langetieg Newman We strongly support the applicant's proposed changes. The addition of a garage and guest parking space is especially beneficial to surrounding neighbors in that it allows for fewer cars to congest our limited street parking along 8th Street. The plan looks like a great improvement to their existing space and will certainly allow the applicant better quality of life with optimized living space and more sunlight, considering the adjacent homes are already multi- level and appear to shield a lot of their natural sunlight. The plan is sensible and appropriate for the lot. 153 Dave Fulton I am in support of approving the variances. Given the lot size and location, the proposed design seems to good use of both. 154 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 24-0199 Honorable Chair and Members of the Hermosa Beach Planning Commission Regular Meeting of May 21, 2024 CONDITIONAL USE PERMIT AMENDMENT REQUEST (APE 22-05) TO ALLOW ON-SITE SERVICE OF BEER, WINE, AND SPIRITS IN THE FIRST-FLOOR LOUNGE AREA FROM 7 A.M.- 10 P.M., AND ON THE THIRD-FLOOR DECK FROM 9 A.M.-9 P.M. TO GUESTS AND REGISTERED GUESTS AND THEIR GUESTS, AT AN EXISTING HOTEL (H2O HOTEL) LOCATED AT 1429 HERMOSA AVENUE IN THE DOWNTOWN COMMERCIAL (C-2) ZONE, AND DETERMINE THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). (Assistant Planner Johnathon Masi) Recommended Action: Staff recommends that the Planning Commission: 1.Determine the project is categorically exempt from the California Environmental Quality Act (CEQA); and 2.Approve a Conditional Use Permit (CUP)amendment (APE 22-05)to allow on-site service of beer,wine,and spirits in the first-floor lounge between 7 a.m.-10 p.m.,and third-floor deck between 9 a.m.and 9 p.m.,to guests and guests of guests,at an existing hotel at 1429 Hermosa Avenue (H2O), subject to conditions. Executive Summary: At its July 13,2021 meeting,City Council adopted Resolution 21-7292 (Attachment 7),approving a CUP Amendment to allow on-site service of beer and wine within the first-floor lounge of a boutique hotel,limited to registered guests only.On December 15,2022,the applicant filed an application for a CUP amendment,to allow full on-site service of beer,wine,and distilled spirits in the first-floor lounge between 7 a.m.and 10 p.m.,and the third-floor deck area between 9 a.m.and 9 p.m.,for registered guests and their guests. Background: The Planning Commission adopted Resolution 15-25 (Attachment 4)at its October 20,2015 meeting,approving a Precise Development Plan (PDP 15-11)to allow a new 30,250-square-foot hotel with 30 guest rooms and common areas;a Conditional Use Permit (CUP 15-10)to allow on- sale general alcohol for hotel guests in guest rooms restricted to mini-bars;and a Parking Plan City of Hermosa Beach Printed on 5/21/2024Page 1 of 10 powered by Legistar™155 Staff Report REPORT 24-0199 (PARK 15-7) to allow a valet program, with parking in a tandem configuration. At its July 16,2019 meeting,the Planning Commission adopted Resolution 19-10,amending PDP 15 -11 to include a condition extending the term of expiration for the building permits for the project,until September 2, 2020. At its April 20,2021 meeting,the Planning Commission adopted Resolutions 21-03 and 21-04 ( Attachments 5 and 6),denying a CUP amendment (CUP 20-08)request to provide on-sale service and consumption of beer,wine,and spirits indoors only,for registered guests,seven-days a week between 7 a.m.-10 p.m.,and approving a Parking Plan amendment (PARK 20-05)to allow the hotel to charge for onsite parking. At its July 13,2021 meeting,City Council held a hearing reconsidering the Planning Commission’s decision to deny a CUP amendment to allow onsite sale,service,and consumption of general alcohol within the lounge.After the City Council continued this item from the May 25,2021 meeting,the applicant revised the request to only request beer and wine.The City Council adopted Resolution 21- 7292 (Attachment 7),approving the applicant’s revised request to approve an amendment allowing on-site service of beer and wine,indoors within the first-floor lounge area only,limited to registered guests.The approval permitted the continued use of the first floor lounge,second floor multi-purpose room,and third-floor outdoor deck,by registered guests and their guests,with the addition of alcohol service in the first-floor lounge area. The applicant submitted an application on December 15,2022 for a CUP amendment request (APE 22-05)to:(1)expand alcohol service from beer and wine only to full onsite service of beer,wine,and distilled spirits in the first-floor lounge between 7 a.m.-10 p.m.;(2)to allow service of alcohol on the third-floor deck area between 9 a.m.and 9 p.m.;and (3)to allow service of alcohol to registered guests and their guests.Through the course of review,the scope of the request changed from alcohol service to the public to registered guests and their guests only. The property is developed with a 30,250-square-foot hotel with 30 guest rooms and common areas. The business currently holds a Type 70,On-Sale General -Restrictive Service,license from the Alcoholic Beverage Control (ABC),which allows the “sale or furnishing of beer,wine and distilled spirits for consumption on the premises to the establishment’s overnight transient occupancy guests or their invitees.This license is normally issued to “suite-type”hotels and motels,which exercise the license privileges for guests’“complimentary”happy hour.Minors are allowed on the premises.” Though the property currently holds a Type 70 license,the existing CUP limits sale of alcohol to beer and wine only and prohibits service of alcohol to anyone other than registered guests. Past Board, Commission and Council Actions Meeting Date Description October 20, 2015 Planning Commission adopted Resolution 15-25, approving PDP 15-11; CUP 15-10, and Parking Plan 15-7 to allow construction of a new hotel with mini bar alcohol service, and a valet program with parking in tandem. July 16, 2019 Planning Commission adopted Resolution 19-10, approving a time extension with an expiration date of September 2, 2020. March 16, 2021 Planning Commission holds a public hearing for a CUP amendment (CUP 20-08) to allow onsite service of beer, wine, and spirits, indoors only, for registered guests, as well as a Parking Plan amendment (PARK 20-05) to allow the hotel to charge for onsite parking. Planning Commission directed staff to bring a resolution of denial to its April 20, 2021 meeting. April 20, 2021 Planning Commission adopts Resolutions 23-03 and 23-04, approving a Parking Plan amendment (PARK 20-05) to allow for the hotel to charge for onsite parking, and denying a CUP amendment (CUP 20-08) that would allow onsite service of beer, wine, and spirits, indoors only, for registered guests. May 25, 2021 City Council holds a public hearing to reconsider Planning Commission denial of a CUP amendment. The item is continued to the July 13, 2021 City Council meeting. July 13, 2021 City Council reconsiders Planning Commission denial of a CUP amendment (CUP 20-08). The applicant formally revised their request to only allowing service of beer and wine, indoors only, for registered guests. City Council approves a CUP amendment, allowing onsite service of beer and wine, in the first-floor lounge, to registered guests only. City of Hermosa Beach Printed on 5/21/2024Page 2 of 10 powered by Legistar™156 Staff Report REPORT 24-0199 Meeting Date Description October 20, 2015 Planning Commission adopted Resolution 15-25, approving PDP 15-11; CUP 15-10, and Parking Plan 15-7 to allow construction of a new hotel with mini bar alcohol service, and a valet program with parking in tandem. July 16, 2019 Planning Commission adopted Resolution 19-10, approving a time extension with an expiration date of September 2, 2020. March 16, 2021 Planning Commission holds a public hearing for a CUP amendment (CUP 20-08) to allow onsite service of beer, wine, and spirits, indoors only, for registered guests, as well as a Parking Plan amendment (PARK 20-05) to allow the hotel to charge for onsite parking. Planning Commission directed staff to bring a resolution of denial to its April 20, 2021 meeting. April 20, 2021 Planning Commission adopts Resolutions 23-03 and 23-04, approving a Parking Plan amendment (PARK 20-05) to allow for the hotel to charge for onsite parking, and denying a CUP amendment (CUP 20-08) that would allow onsite service of beer, wine, and spirits, indoors only, for registered guests. May 25, 2021 City Council holds a public hearing to reconsider Planning Commission denial of a CUP amendment. The item is continued to the July 13, 2021 City Council meeting. July 13, 2021 City Council reconsiders Planning Commission denial of a CUP amendment (CUP 20-08). The applicant formally revised their request to only allowing service of beer and wine, indoors only, for registered guests. City Council approves a CUP amendment, allowing onsite service of beer and wine, in the first-floor lounge, to registered guests only. Site Information Table: The following table describes the existing site characteristics. Site Information General Plan Recreational Commercial (RC) Zoning Downtown Commercial (C- 2) Lot Size 11,526 sq. ft. Existing Square Footage 30,250 sq. ft. (with 30 guest rooms) Surrounding Zoning North:C-2/R-3 East:R-3 South:C-2 West:R-3 Surrounding Uses North:Commercial/Residential East:Residential South:Commercial West:Residential City of Hermosa Beach Printed on 5/21/2024Page 3 of 10 powered by Legistar™157 Staff Report REPORT 24-0199 Site InformationGeneral Plan Recreational Commercial (RC) Zoning Downtown Commercial (C- 2) Lot Size 11,526 sq. ft. Existing Square Footage 30,250 sq. ft. (with 30 guest rooms) Surrounding Zoning North:C-2/R-3 East:R-3 South:C-2 West:R-3 Surrounding Uses North:Commercial/Residential East:Residential South:Commercial West:Residential Other Site Information/History: The property is located in the Downtown Commercial (C-2)Zone.The subject site is bound by 15th Court to the south,Hermosa Avenue to the east,and 15th Street to the north.The property is within the Coastal Zone, and is subject to the Coastal Act, California Public Resources Code, Division 20. Project Description: The project proposes to expand service of alcohol to registered guests and their guests,consistent with the provisions of their Type 70 license,and allow sale and consumption of alcohol on the third- floor deck.The project does not propose any physical changes to the site,nor changes to the allowable occupancy in the first-floor lounge,second-floor multi-purpose room,and third-floor outdoor deck. Discussion: The project does not propose physical changes to the existing hotel,or modification to Planning Commission Resolution 15-25,Conditions 15 and 16 concerning the maximum capacity of common areas,and entertainment provided on the third-floor deck.Rather,the project proposes modifying Condition 14 of City Council Resolution 21-7292,to expand service of alcohol to registered guests and their guests,consistent with the provisions of their Type 70 license,and allow sale and consumption of alcohol on the third-floor deck.Further,the project proposes modifying Condition 16 of Planning Commission Resolution 15-25 to reduce hours of the third-floor deck,from 7 a.m.-10 p.m. to 9 a.m.- 9 p.m. The first-floor lounge area and third-floor deck are existing spaces utilized by registered guests and their guests during the approved hours of operation.Consistent with City Council Resolution 21-7292 (Attachment 7)the hotel currently offers beer and wine to registered guests in the first-floor lounge only.Further,Planning Commission Resolution 15-25 requires that no more than 20 people occupy the first-floor lounge, second-floor multi-purpose room, or third-floor outdoor deck at any one time. City of Hermosa Beach Printed on 5/21/2024Page 4 of 10 powered by Legistar™158 Staff Report REPORT 24-0199 The applicant is not proposing any change to the existing limited-use occupancy of the first-floor lounge,second-floor multi-purpose room,or third-floor outdoor deck.The applicant proposes to expand service in the first-floor lounge to include spirits,and to allow full service of alcohol on the third-floor deck.The applicant proposes maintaining service in the first-floor lounge between 7 a.m.- 10 p.m.,and to reduce any potential impacts to adjacent properties,proposes limiting alcohol service on the third-floor deck to 9 a.m.-9 p.m.To access either the first-floor lounge or the third-floor outdoor deck,visitors must pass through the lobby area,where a staff member is present to greet them. As part of the review process,the application was routed to the Police Department for comments ( Attachment 3).Between April 2023 and April 2024,the Police Department had 12 calls for service to the business excluding alarm calls.There were no incidents that were cause for significant concern. Specifically,calls for service for the property included illegal parking in the right-of-way,found property,and minor disturbances.Several of the calls were either unfounded or could not be located by the responding Officer and cleared without further incident. Findings: Hermosa Beach Municipal Code (HBMC)Section 17.40.020 outlines general criteria for all uses which require a CUP. Distance from existing residential uses; The project site is located on Hermosa Avenue in the C-2 zone.Multi-family residences are located to the northwest,and west of the site as well as to the east on the opposite side of Hermosa Avenue. The residences located directly adjacent to the property are buffered from the site,as the entrance to the property is located on the east side of the building,and the only exterior service of alcohol is located on a third-floor deck which faces north and east.The applicant is proposing a reduction of service hours within the outdoor area. The amount of existing or proposed off-street parking facilities,and its distance from the proposed use; The property is subject to a Parking Plan per Planning Commission Resolutions 15-25 and 21-03. The property offers 37 parking spaces and proposes no change to the provision,or operation of, existing facilities.City Council Resolution 21-7292 maintained both registered guests and their guests are permitted in the first-floor lounge area,second-floor multi-purpose room,and the third-floor outdoor deck.The proposed modification does not expand the number of individuals in any of the three areas beyond what was previously approved. Location of and distance to churches, schools, hospitals and public playgrounds; The proposed change to the hotel will not affect neighboring schools,churches,and community centers due to the distance and limited alcohol operations of the establishment.Hermosa ValleyCity of Hermosa Beach Printed on 5/21/2024Page 5 of 10 powered by Legistar™159 Staff Report REPORT 24-0199 centers due to the distance and limited alcohol operations of the establishment.Hermosa Valley School is located 0.7 miles to the east,Christian Science Church is located 0.1 miles to the east,and the Community Center is located 0.9 miles to the east.The distance between the establishment and the various uses provides a buffer to minimize impacts.Additionally,the hotel proposes restricted service of alcohol to registered guests and their guests. The combination of uses proposed; The proposed use modification is consistent with the desired development pattern and uses within the C-2 zone.The proposed modification will provide more amenities for visitors in the Downtown District,to bolster the City’s economic base,with minimal impact on adjacent properties.Specifically, allowing alcohol on the third-floor deck,in a manner which considers adjacent residential properties, will allow the business to fully utilize its close proximity to the coast. Precautions taken by the owner or operator of the proposed establishment to assure the compatibility of the use with surrounding uses; The existing hotel is subject to conditions prescribed by Planning Commission Resolution 15-25 and City Council Resolution 21-7292.The applicant is proposing a reduction of hours on the third-floor deck from between 7 a.m.-10 p.m.,to 9 a.m.-9 p.m.Further,the applicant is not proposing any changes to existing conditions limiting the number of customers in the first-floor lounge,second-floor multi-function room, and third-floor deck at any time. The relationship of the proposed business-generated traffic volume and the size of streets serving the area; The proposed modification would not affect existing streets or significantly impact traffic volume,as the proposal involves no change in the hotel capacity and intensity.The modification includes expanding existing alcohol service to include beer,wine,and distilled spirits to registered guests and their guests.The property previously received approval to allow registered guests and their guests in the first-floor lounge area,second-floor multi-purpose area,and the third-floor outdoor deck.The proposed modification will not expand services to anyone beyond individuals already allowed in the above spaces. The proposed exterior signs and decor,and the compatibility thereof with existing establishments in the area; The project proposes no change to the exterior signs or décor.As such,aesthetics would continue to remain compatible with existing establishments in the area. The number of similar establishments or uses within close proximity to the proposed establishment; There are two similar establishments nearby with existing Type 70 licenses. Hotel Name Address Alcoholic Beverage Control License Type CUP Provisions Beach House 1300 The Strand Type 70 On-sale alcohol in guest rooms (mini-bars) and in meeting rooms. Hours not specified. Sea Sprite Hotel 1016 The Strand Type 70 No CUP conditions City of Hermosa Beach Printed on 5/21/2024Page 6 of 10 powered by Legistar™160 Staff Report REPORT 24-0199 Hotel Name Address Alcoholic Beverage Control License Type CUP Provisions Beach House 1300 The Strand Type 70 On-sale alcohol in guest rooms (mini-bars) and in meeting rooms. Hours not specified. Sea Sprite Hotel 1016 The Strand Type 70 No CUP conditions Noise, odor, dust and/or vibration that may be generated by the proposed use; The proposed modification would not generate a significant change in noise,odor,dust and/or vibration,as the proposal involves no change in the hotel capacity and intensity.Further,the applicant is proposing a reduction in hours of operation for the outside deck from between 7 a.m.-10 p.m. to 9 a.m.- 9 p.m. Impact of the proposed use to the city’s infrastructure, and/or services; The existing hotel use and capacity would be maintained,and the current infrastructure is adequate. Since opening in 2020,the property has had no complaints concerning utilities and services.The existing infrastructure will be sufficient and there are no anticipated impacts. Will the establishment contribute to a concentration of similar outlets in the area; The requested modification would not add to the concentration of similar outlets in this area because the project does not propose public service.Further,hotel uses with alcohol are not common in the Downtown District. Other considerations that,in the judgment of the planning commission,are necessary to assure compatibility with the surrounding uses, and the city as a whole. No other issues are identified. Recommendation: Staff recommends approval of the CUP as the aforementioned findings can affirmatively be made in support of the request with the incorporation of conditions of approval (Attachment 1).The draft conditions of approval include the following general provisions applicable to on-sale alcohol sales: ·The establishment shall not adversely affect the welfare of the residents,and/or commercial establishments nearby. ·The business shall prevent loitering,unruliness and boisterous activities of the patrons outside the business or in the immediate area. ·The Police Chief may determine that a continuing police problem exists and may,subject to appeal to the Planning Commission,direct the presence of a police-approved doorman and/or security personnel to eliminate the problem.An appeal to the Planning Commission shall be heard within sixty (60)days of filing the appeal.The Police Chief’s determination will not be City of Hermosa Beach Printed on 5/21/2024Page 7 of 10 powered by Legistar™161 Staff Report REPORT 24-0199 heard within sixty (60)days of filing the appeal.The Police Chief’s determination will not be stayed during the pendency of the appeal.If the problem persists,the Police Chief then shall submit a report to the Planning Commission,which will automatically initiate a review of the conditional use permit. ·The exterior of the premises shall be maintained in a neat and clean manner and maintained free of graffiti at all times. In addition to the general provisions,the following highlights a few additional conditions of approval necessary to ensure the use is operated in a manner compatible with its surroundings.The proposed conditions may modify existing conditions the property is subject to, where applicable: ·Any changes to the interior or exterior layout which alter the primary function of the business shall be subject to review and approval by the Planning Commission. ·Alcoholic beverage service shall be available for registered guests and their guests only. ·Service of alcohol is limited to the first-floor lounge and the third-floor deck. ·Live entertainment (including but not limited to amplified music, disc jockeys, live music whether acoustic or amplified, and live performances of all kinds) is prohibited. a.Speakers,televisions,or any device that may generate noise inconsistent with the nature of this approval are explicitly prohibited on the third-floor deck. ·The lounge area on the first floor,and the multi-function room on the second floor may be utilized between 7 a.m.-10 p.m.,seven days per week.The third-floor deck may be utilized between 9 a.m.and 9 p.m.,seven days per week.Each of these spaces may be occupied by not more than 20 people at any one time,(excluding staff)unless further restricted by code. These three spaces may be used for activities limited to registered guests and their guests. General Plan Consistency: This report and associated recommendation have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below: General Plan Consistency Land Use Element Findings Goal 1.Create a sustainable urban form and land use patterns that support a robust economy and high quality of life for residents. The proposal put forth is consistent with policy 1.5, as the project promotes quality coastal uses, with minimal impact to adjacent residential properties. Specifically, the project proposes serving alcohol to registered guests and their guests only, ensuring visitors can enjoy the full accommodations of a hotel without generating a nuisance for adjacent residential properties. Policy 1.7 Balance resident and visitor needs.Ensure land uses and businesses provide for the needs of residents as well as visitors. Goal 4.A variety of corridors throughout the city provide opportunities for shopping, recreation, commerce, employment and circulation. The project is consistent with policy 4.8. Specifically, the applicant proposes reduced hours on the third-floor deck to minimize noise impacts to adjacent properties. Further, the service of alcohol is limited to registered guests and their guests, with no more than 20 persons present in either the first-floor lounge or the third-floor deck at any time, excluding staff. Policy 4.8 Neighborhood buffer. Encourage all commercial property owners bordering residential areas to mitigate impacts and use appropriate landscaping and buffering of residential neighborhoods. City of Hermosa Beach Printed on 5/21/2024Page 8 of 10 powered by Legistar™162 Staff Report REPORT 24-0199 General Plan Consistency Land Use Element Findings Goal 1.Create a sustainable urban form and land use patterns that support a robust economy and high quality of life for residents. The proposal put forth is consistent with policy 1.5, as the project promotes quality coastal uses, with minimal impact to adjacent residential properties. Specifically, the project proposes serving alcohol to registered guests and their guests only, ensuring visitors can enjoy the full accommodations of a hotel without generating a nuisance for adjacent residential properties. Policy 1.7 Balance resident and visitor needs.Ensure land uses and businesses provide for the needs of residents as well as visitors. Goal 4.A variety of corridors throughout the city provide opportunities for shopping, recreation, commerce, employment and circulation. The project is consistent with policy 4.8. Specifically, the applicant proposes reduced hours on the third-floor deck to minimize noise impacts to adjacent properties. Further, the service of alcohol is limited to registered guests and their guests, with no more than 20 persons present in either the first-floor lounge or the third-floor deck at any time, excluding staff. Policy 4.8 Neighborhood buffer. Encourage all commercial property owners bordering residential areas to mitigate impacts and use appropriate landscaping and buffering of residential neighborhoods. Environmental Determination: Pursuant to the California Environmental Quality Act (CEQA),the proposed project qualifies for a Class One categorical exemption,Existing Facilities as defined in section 15301 of the CEQA Guidelines,as it consists of a minor alteration to an existing use.Moreover,none of the exceptions to the categorical exemption(s)apply,nor would the project result in a significant cumulative impact of successive projects of the same type in the same place over time or have a significant effect on the environment due to unusual circumstances or damage a scenic highway or scenic resources within a state scenic highway. Public Notification: For the May 21,2024 Planning Commission hearing,a total of 886 public hearing notices were City of Hermosa Beach Printed on 5/21/2024Page 9 of 10 powered by Legistar™163 Staff Report REPORT 24-0199 For the May 21,2024 Planning Commission hearing,a total of 886 public hearing notices were mailed to the applicant,and occupants and property owners of properties within a 500-foot radius on May 9,2024.A legal ad was published on May 9,2024 in the Beach Reporter,a newspaper of general circulation.Additionally,the applicant received a notice poster to post on-site and provided proof of posting a minimum of ten days in advance of the public hearing,in accordance with HBMC 17.68.050.Public notification materials are included as Attachment 10.As of the writing of the report, staff has received no public comments. Attachments: 1.Draft Resolution #24-07 2.Project Narrative 3.SUPPLEMENTAL - Site Plans 4.Police Department Memo 5.Planning Commission Resolution 15-25 6.Planning Commission Resolution 21-03 7.Planning Commission 21-04 8.City Council Resolution 21-7292 9.Zoning Map 10.Public Notification Package 11.Link to October 20, 2015 Planning Commission Staff Report 12.Link to July 16, 2019 Planning Commission Staff Report 13.Link to March 16, 2021 Planning Commission Staff Report 14.Link to April 20, 2021 Planning Commission Staff Report (Parking Plan) 15.Link to April 20, 2021 Planning Commission Staff Report (CUP Amendment) 16.Link to May 25, 2021 City Council Staff Report 17.Link to July 13, 2021 City Council Staff Report 18.SUPPLEMENTAL - Jessica Accamando eComment 5/16/24 19.SUPPLEMENTAL - Fiona Fleming eComment 5/17/24 20.SUPPLEMENTAL - Michelle Crispin eComment 5/20/24 21.SUPPLEMENTAL - Raymond Dussault eComment 5/21/24 22.SUPPLEMENTAL - Laura Pena eComment 5/21/24 Respectfully Submitted by: Johnathon Masi, Assistant Planner Concur: Alexis Oropeza, Planning Manager Legal Review: Patrick Donegan, City Attorney Approved: Carrie Tai, AICP, Community Development Director City of Hermosa Beach Printed on 5/21/2024Page 10 of 10 powered by Legistar™164 Page 1 of 11 RES NO. 24-07 CITY OF HERMOSA BEACH RESOLUTION NO. 24-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AMENDMENT (APE 22-05) TO EXPAND ALCOHOL SERVICE TO INCLUDE BEER, WINE, AND DISTILLED SPIRITS SERVED TO REGISTERED HOTEL GUESTS AND THEIR GUESTS ONLY, INCLUDING SERVING ALCOHOL IN A FIRST-FLOOR LOUNGE FROM 7 A.M. - 10 P.M., AND ON A THIRD-FLOOR DECK, FROM 9 A.M. - 9 P.M. AT AN EXISTING HOTEL LOCATED AT 1429 HERMOSA AVENUE (H2O), AND DETERMINING THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. WHEREAS, on October 20, 2015, the Planning Commission, adopted Resolution 15-25, approving PDP 15-11; CUP 15-10, and Parking Plan 15-7 to allow construction of a new hotel with mini bar alcohol service, and a valet program with parking in tandem; and WHEREAS, on July 16, 2019, the Planning Commission, adopted Resolution 19-10, extending the term of expiration for the building permits for the project, until September 2, 2020; and WHEREAS, on April 20, 2011, the Planning Commission, adopted Resolutions 21-03 and 21-04, denying a CUP amendment (CUP 20-08) request to provide on-sale service and consumption of beer, wine, and spirits indoors only, for registered guests, seven-days a week between 7 a.m. – 10 p.m., and approving a Parking Plan amendment (PARK 20-05) to allow the hotel to charge for onsite parking; and WHEREAS, on July 13, 2011, City Council, held a public hearing to reconsider the Planning Commission’s decision to deny CUP 20-08, and continued the item to its May 25,2021 meeting; and WHEREAS, on July 13, 2011, City Council, adopted Resolution 21-7292, approving the applicant’s revised request to approve an amendment allowing on-site service of beer and wine, indoors within the first-floor lounge area only, limited to registered guests; and 165 Page 2 of 11 RES NO. 24-07 WHEREAS, an application was filed on December 15, 2022 by the applicant Anand Chhabria, requesting Planning Commission approval of an amendment to a Planning Entitlement (APE22-05) to expand alcohol service to include service of beer, wine, and distilled spirits to registered guests and their guests, consistent with the parameters of the existing Conditional Use Permit approval and Department of Alcoholic Beverage Control License Type 70 held at an existing hotel located at 1429 Hermosa Avenue (H2O); and WHEREAS, the Planning Commission, at its public meeting of May 21, 2024, considered all testimony and evidence, both oral and written, that was presented to the Planning Commission; and WHEREAS, the project is categorically exempt from the California Environmental Quality Act defined in CEQA Section 15301 Class 1 Existing Facilities, as the project involves a minor change to an existing use and would not result in a direct, or a reasonably foreseeable indirect, physical change in the environment. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Based on the foregoing factual findings, the Planning Commission determined, pursuant to Hermosa Beach Municipal Code (HBMC) Sections 17.40.020, (General criteria for all uses) and 17.40.080, (On-sale alcohol beverage establishment) that the use as conditioned will be compatible with the surroundings and all impacts can be reduced to an insignificant level: A. Distance from existing residential uses: The project site is located on Hermosa Avenue in the C-2 zone. Multi- family residences are located to the northwest, and west of the site as well as to the east on the opposite side of Hermosa Avenue. The residences located directly adjacent to the property are buffered from the site, as the entrance to the property is located on the east side of the building, and the only exterior service of alcohol is located on a third-floor deck which faces north and east. The applicant is proposing a reduction of service hours within the outdoor area. 166 Page 3 of 11 RES NO. 24-07 B. The amount of existing or proposed off-street parking facilities, and its distance from the proposed use: The property is subject to a Parking Plan per Planning Commission Resolutions 15-25 and 21-03. The property offers 37 parking spaces and proposes no change to the provision, or operation of, existing facilities. C. Location of and distance to churches, schools, hospitals, and public playgrounds: The proposed change to the hotel will not affect neighboring schools, churches, and community centers due to the distance and limited alcohol operations of the establishment. Hermosa Valley School is located 0.7 miles to the east, Christian Science Church is located 0.1 miles to the east, and the Community Center is located 0.9 miles to the east. The distance between the establishment and the these uses provides a buffer to minimize impacts. Additionally, the hotel proposes restricted service of alcohol to registered guests and their guests. D. The combination of uses proposed: The proposed use modification is consistent with the desired development pattern and uses within the C-2 zone. The proposed modification will provide more desirable accommodations for visitors in the Downtown District, to bolster the City’s economic base, with minimal impact on adjacent properties. Specifically, allowing alcohol on the third-floor deck, in a manner which considers adjacent residential properties, will allow the business to fully utilize its close proximity to the coast. E. Precautions taken by the owner or operator of the proposed establishment to assure compatibility of the use with surrounding uses: The existing hotel is subject to conditions prescribed by Planning Commission Resolution 15-25 and City Council Resolution 21-7292. The applicant is proposing a reduction of hours on the third-floor deck from between 7 a.m. and 10 p.m., to 9 a.m. and 9 p.m. Further, the applicant is not proposing any changes to existing conditions limiting the number of customers in the first-floor lounge, second-floor multi-function room, and the third-floor deck, to 20 persons at any time. F. The relationship of the proposed business-generated traffic volume and the size of streets serving the area: 167 Page 4 of 11 RES NO. 24-07 The proposed modification would not affect existing streets or significantly impact traffic volume, as the proposal involves no change in the hotel capacity and intensity. The modification includes expanding existing alcohol service to include beer, wine, and distilled spirits to registered guests and their guests. The property previously received approval to allow registered guests and their guests in the first-floor lounge area, second-floor multi-purpose area, and the third-floor outdoor deck. The proposed modification will not expand services to anyone beyond individuals already allowed in the above spaces. G. The proposed exterior signs and decor, and the compatibility thereof with existing establishments in the area: The project proposes no change to the exterior signs or décor. As such, aesthetics would continue to remain compatible with existing establishments in the area. H. The number of similar establishments or uses within close proximity to the proposed establishment: There is one similar establishment nearby with an existing Type 70 license. Hotel Name Address Alcoholic Beverage Control License Type CUP Provisions Beach House 1300 The Strand Type 70 On-sale alcohol in guest rooms (mini- bars) and in meeting rooms. Hours not specified. Sea Sprite Hotel 1016 The Strand Type 70 No CUP conditions I. Noise, odor, dust and/or vibration that may be generated by the proposed use: The proposed modification would not generate a significant change in noise, odor, dust and/or vibration, as the proposal involves no change in the hotel capacity and intensity. Further, the applicant is proposing a reduction in the hours of operation for the outside patio from between 7 a.m.- 10 p.m. to 9 a.m.- 9 p.m. 168 Page 5 of 11 RES NO. 24-07 J. Impact of the proposed use to the City’s infrastructure, and/or services: The existing hotel use and capacity would be maintained, and the current infrastructure is adequate. Since opening in 2020, the property has had no complaints concerning utilities and services. The existing infrastructure will be sufficient and there are no anticipated impacts. K. Will the establishment contribute to a concentration of similar outlets in the area: The requested modification would not add to the concentration of similar outlets in this area because the project does not propose public service. Further, similar uses with alcohol are not common in the Downtown District. L. Other considerations that, in the judgment of the planning commission, are necessary to assure compatibility with the surrounding uses, and the city as a whole: No other issues are identified. SECTION 2. Based on the evidence received at the public meeting, the Planning Commission hereby further finds, determines, and declares that the project is consistent with the City’s General Plan (PLAN Hermosa) because the Conditional Use Permit Amendment is consistent with Land Use Policies 1.5, and 4.8 as shown below. Goal 1. Create a sustainable urban form and land use patterns that support a robust economy and high quality of life for residents. Policies: 1.5 Balance resident and visitor needs. Ensure land uses and businesses provide for the needs of residents as well as visitors. Conformity: The proposal put forth is consistent with policy 1.5, as the project promotes quality coastal uses, with minimal impact to adjacent residential properties. Specifically, the project proposes serving alcohol to registered guests and their guests only, ensuring visitors can enjoy the full accommodations of a hotel without generating a nuisance for adjacent residential properties. 169 Page 6 of 11 RES NO. 24-07 Goal 4. A variety of corridors throughout the city provide opportunities for shopping, recreation, commerce, employment and circulation. Policy: · 4.8 Neighborhood buffer. Encourage all commercial property owners bordering residential areas to mitigate impacts and use appropriate landscaping and buffering of residential neighborhoods. Conformity: The project is consistent with policy 4.8. Specifically, the applicant proposes reduced hours on the third-floor deck to minimize noise impacts to adjacent properties. Further, the service of alcohol is limited to registered guests and their guests, with no more than 20 persons present in either the first-floor lounge or the third-floor deck at any time, excluding staff. Section 3. Based on the foregoing, the Planning Commission hereby approves the subject Conditional Use Permit Amendment Case No. APE22-05 subject to the following Conditions of Approval: 1. The project shall be substantially consistent with the application submitted and approved by the Planning Commission on May 21, 2024. 2. The provision of alcoholic beverages shall comply with the following: a. Management shall successfully complete ABC Licensee Education on Alcohol and Drugs (LEAD) training and Responsible Beverage Servers Training, or equivalent as determined by Police Chief. All employees engaged in the sale or service of alcoholic beverages shall complete Responsible Beverage Service Training, or equivalent as determined by the Police. The business shall maintain records that management and employees have participated in the required trainings. Records shall be maintained for two years after training. b. Exterior signage or any other form of outside promoting or advertising referencing any food and/or beverage products sold is prohibited. c. The hotel shall only provide alcoholic beverage services to registered guests and their guests. d. All alcoholic beverages shall be served in non-disposable drink ware. 170 Page 7 of 11 RES NO. 24-07 e. Service of alcohol is limited to the first-floor lounge and the third- floor deck. f. The business with on-sale alcoholic beverage service may be subject to a periodic review process established by the City to verify conformance with the conditions of approval. g. The following signs shall be posted in a conspicuous location in a readily visible manner, warning patrons of the illegality of selling alcoholic beverages to persons under twenty-one years of age, loitering and drinking within the public realm, and removing alcoholic beverages from the premises, and carrying: i. “California State Law prohibits the sale of alcoholic beverages to persons under twenty-one years of age.” ii. “No Loitering or Public Drinking” iii. “It is illegal to possess an open container of alcohol in the vicinity of this establishment.” iv. Signs shall be posted compliant with Hermosa Beach Municipal Code (HBMC) Section 8.48.060 Alcoholic beverages – Warning signs. h. Any substantial deviation, changes to the floor plan, site plan or building exterior, which alters or intensifies the alcoholic beverages service shall be subject to review and approval by the Planning Commission. 3. The first-floor lounge and the multi-function room on the second floor may be utilized between 7 a.m. and 10 p.m., 7-days a week. The third-floor deck may be utilized between 9 a.m. and 9 p.m., 7-days a week. Each of these spaces may be occupied by not more than 20 people at any one time, (excluding staff) unless further restricted by code. These three spaces may be used for activities limited to registered guests and their guests. 4. Live entertainment (including but not limited to amplified music, disc jockeys, live music whether acoustic or amplified, and live performances of all kinds), is prohibited. a. Speakers, televisions, or any device that may generate noise inconsistent with the nature of this approval are explicitly prohibited on the third-floor deck. 171 Page 8 of 11 RES NO. 24-07 5. The business shall not adversely affect the welfare of the residents, and/or commercial establishments nearby. The business shall comply in all other aspects with HBMC Section 8.24 (Noise Control) and noise from the premises shall not constitute a public nuisance. 6. The exterior of the business shall be maintained in a neat and clean manner and maintained free of graffiti at all times. The removal of all graffiti from the walls, fences, pavement, or buildings within twenty-four (24) hours of discovery of its appearance on the property is required. 7. The establishment shall install and maintain a video surveillance system in the dining and alcohol service area, and all other common areas of the hotel where alcohol may be consumed. The video surveillance system shall have a retention period of at least thirty (30) days. The establishment agrees to cooperate with the City’s Code Enforcement and Police Department to provide copies of video surveillance for criminal or administrative investigations. 8. The business shall maintain in conformance with all other applicable City of Hermosa Beach and regulatory agency requirements and standards, including but not limited to: California Department of Alcoholic Beverage Control, Los Angeles County Health Department, California Disabled Access Standards (Government Code Title 24), and Los Angeles County National Pollutant Discharge Elimination System Permit (NPDES). 9. The business shall be maintained and operated in full compliance with the conditions of this CUP and any law, statute, ordinance, or other regulation hereafter adopted that is applicable to any development or activity on the subject property. 10. The business shall install and maintain a video surveillance system that monitors within the interior of the business and the immediate area. The video surveillance system must be capable of delineating on playback the activity and physical features of persons and areas within the premises and immediate area. Recordings shall be retained for a minimum of sixty (60) days and video will be available to Police Department upon request. All video security cameras shall be installed to the satisfaction of the Chief 172 Page 9 of 11 RES NO. 24-07 of Police. At the discretion of the Police Chief, Licensee may be required to add additional video cameras. 11. The Police Chief may determine that a continuing police problem exists and may, subject to appeal to the Planning Commission, direct the presence of a police approved doorman and/or security personnel to eliminate the problem. An appeal to the Planning Commission shall be heard within sixty (60) days of filing the appeal. The Police Chief shall then submit a report to the Planning Commission, which will automatically initiate a review of the conditional use permit. 12. In addition to any other remedy provided by law, if the business operating pursuant to this CUP violates any condition of this CUP, the Police Chief or designee may meet and confer with the business to clarify the reason for the violation and to formulate a course of action to mitigate the risk for any future violation. If the business operating pursuant to this CUP continues to violate this CUP (ie., either a repeat violation or another violation) within any six (6) month period following a meet and confer with the Police Chief, then, at the sole discretion of the Police Chief, modified or additional operational requirements may be imposed by the Police Chief to temporarily curtail the violations until the matter is brought before the Planning Commission. These modifications include, but are not limited to, a reduction in operating hours, required number of staff members during operational hours, additional training for existing staff, and/or any other measures deemed appropriate by the Police Chief. The Planning Commission shall consider any modification or additional operational requirement(s) imposed by the Police Chief during its discussion of the matter. The Police Chief’s determination will remain in effect until considered by the Planning Commission. 13. Approval of this permit shall expire twenty-four (24) months from the date of approval by the Planning Commission unless the use authorized herby has commenced. One or more extensions of time may be requested. No extension shall be considered unless requested, in writing to the Community Development Director including the reason therefore, at least sixty (60) days prior to the expiration date. No additional notice of expiration will be provided. 173 Page 10 of 11 RES NO. 24-07 14. This resolution incorporates where applicable and supersedes City Council Resolution 21-7292 which shall be of no further force or effect. 15. The subject site shall remain consistent with applicable Parking Plan and Precise Development Plan provisions, as described by Planning Commission Resolution 15-25 and 21-03. PASSED, APPROVED, and ADOPTED on the 21st of May, 2024. VOTE: AYES: NOES: ABSTAIN: ABSENT: 174 Page 11 of 11 RES NO. 24-07 CERTIFICATION I hereby certify the foregoing Resolution P.C. 24-07 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California, at its regular meeting of May 21, 2024. ____________________ ___________________ Peter Hoffman, Chair Carrie Tai, Secretary ____________________ Date 175 H2O Hermosa: CUP Amendment Request Our Request: 1. Allow the onsite sale, service, and consumption of beer, wine, and liquor/spirits in the 1st floor lobby area and 3rd floor outdoor deck. Official Statement: H2O Hermosa is a luxury boutique hotel in Downtown Hermosa Beach, opened in October 2020. The hotel has 30 guest rooms and features a formal lobby, 2nd floor lounge, 3rd floor outdoor deck, and 37 covered parking spaces. In July 2021, the City Council approved an amendment, granting H2O Hermosa permission to provide onsite sale, services, and consumption of beer and wine, exclusively indoors to registered hotel guests and their guests only. H2O Hermosa’s new application requests the same privileges from our original application, however in 2021 there was hesitation from the city and community, due to concern of impact on the surrounding neighborhood and H2O Hermosa’s ability to responsibly manage alcohol sales. As a result, H2O Hermosa was granted partial- approval and told it could revisit the possibility of selling and serving beer, wine, and spirits to all customers after a year of operation with the new changes. Throughout its 2+ years in business, H2O Hermosa has earned a positive reputation from the community, frequently contributed to community events and organizations, and become known as one of Hermosa Beach’s most popular commercial developments. Additionally, H2O Hermosa is proud to share its record of no noise violations, no calls for services, and no code violations. To our knowledge, Chief of Police Paul LeBaron has stated no opposition to our request. Guests are impressed when entering the hotel and have the expectation of being able to order their preferred beverage of choice, a common boutique hotel amenity. The two specific areas this CUP amendment identifies have been consistently underutilized. For H2O Hermosa to grow and succeed as a business, it is important to us to efficiently use the real estate we have to offer to provide the best experience for customers. The addition of hard alcohol could cater to the corporate business we are trying to earn. The beach attraction and fantastic weather Southern California offers would be more effective by expanding the use on the 3rd floor outdoor deck. The current CUP allows no more than 20 people to gather in any area of the hotel which aligns with the exclusive and private atmosphere we strive to achieve. The sale, service, and consumption of all alcohol in the lobby area and 3rd floor deck will provide a quiet and intimate setting where people can enjoy an alcoholic beverage in the luxurious setting we have to offer. 176 The CUP amendment request would allow H2O Hermosa to better serve its guest inquiries and improve occupancy during the off-season, which also brings new customers and revenue to other Hermosa Beach local businesses. H2O Hermosa is grateful for the current amendment and it has given us a clear path for continued excellence and growth by meeting the expectations of guests and fulfilling the promise of a boutique luxury hotel experience. At H2O Hermosa, our goal is to provide the highest level of service to our guests and be a positive contributor to our local community. 177 178 179 180 181 182 183 184 HERMOSA BEACH POLICE DEPARTMENT MEMORANDUM To: Community Development Director Carrie Tai Assistant Planner Johnathon Masi CC: Chief Paul LeBaron Captain Landon Phillips From: A/Captain Mick Gaglia Date: May 1, 2024 Re: Hermosa H2O CUP Amendment supplemental (APE22-005) The Police Department has reviewed the Conditional Use Permit (CUP) Amendment for the Hermosa H20 hotel located at 1429 Hermosa Avenue. In addition to our review of the amendment requests and conditions, I have reviewed the calls for service (CFS) related to the hotel and property. Upon reviewing the CFS dated April 2023 – April 2024, the Police Department has responded to approximately twelve (12) incidents. The CFS include but are not limited to illegal parking, found property and minor disturbances. Several of the calls were either unfounded or could not be located by the responding Officer and cleared without further incident. There were no incidents that caused significant concerns or attributed to extended demands of Police Department resources. At this time, there are no concerns or additional conditions from the Police Department. 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 Page 1 of 7 21-7292 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 RESOLUTION NO. 21-7292 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RECONSIDERING THE MARCH 16, 2021 PLANNING COMMISSION DECISION TO DENY CONDITIONAL USE PERMIT 20-8 REQUEST FOR A CONDITIONAL USE PERMIT AMENDMENT TO PROVISE ON-SITE SALE, SERVICE, AND CONSUMPTION OF GENERAL ALCOHOL INDOORS ONLY WITHIN THE HOTEL LOUNGE FOR REGISTERED GUEST ONLY, 7 DAYS A WEEK 7:00AM TO 10:00 P.M. AT AN EXISTING HOTEL (H20 HOTEL) AT 1429 HERMOSA AVENUE, APPROVING THE MODIFIED CONDITIONAL USE PERMITS AMENDMENT TO PROVIDE ON-SITE SALE, SERVICE AND CONSUMPTION OF BEERK AND WINE INDOORS ONLT WITHIN THE HOTEL PUNGE FOR REGISTERED GIESTS ONLY AND DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission adopted Resolution No. 15-25 on October 20, 2015 to approve a Precise Development Plan (PDP15-11) to allow a 30,250 square foot hotel with 30 guest rooms and common areas on an undeveloped 11,516 square foot lot; Conditional Use Permit (CUP15-10) to allow on-sale general alcohol for hotel guests in guest rooms restricted to mini-bars; and a Parking Plan (PARK 15-7) to allow a valet program and parking in tandem for a property located at 1429 Hermosa Avenue. SECTION 2. An application was filed by 1429 Hermosa LLC seeking approval for a Conditional Use Permit and Parking Plan Amendment to CUP 20-8 & PARK 20-5. to provide on-site sale, service, and consumption of general alcohol indoors only within the hotel lounge for registered guest only, 7 days a week 7:00 a.m. to 10:00 p.m. at an existing hotel (H2O Hermosa) and to allow charging a fee for on-site parking located at 1429 Hermosa Avenue. SECTION 3. The Planning Commission conducted a duly noticed public hearing to consider the application for the Conditional Use Permit 20-8 and Parking Plan 20-5 amendment on March 16, 2021, at which testimony and evidence, both written and oral, was presented to and considered by the Planning Commission. Concerns were raised regarding the Conditional Use Permit Amendment due to the hotel’s close proximity to sensitive receptors, including, residential uses, business management regarding sales of alcohol to non-registered guests, the potential for late night loud noise, and unwanted activities including, but not limited to loitering. SECTION 4. During the March 16, 2021 public hearing, the Planning Commission directed staff to bring back a resolution denying the Conditional Use Permit to provide on-site sale, service, and consumption of general alcohol indoors only within the hotel lounge DocuSign Envelope ID: FBE64458-4BA0-4745-9BB1-7B8A7D48AC68 208 Page 2 of 7 21-7292 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 for registered guests only, 7 days a week 7:00 a.m. to 10:00 p.m. at an existing hotel (H20 Hermosa) on consent calendar. SECTION 5. The Planning Commission conducted a duly noticed public meeting on April 20, 2021 to formally adopt the resolution memorializing the denial of the Conditional Use Permit Amendment. The motion carried with a 4 to 1 vote denying the Conditional Use Permit Amendment. SECTION 6. On April 27, 2021, the City Council removed Conditional Use Permit Amendment 20-08 from the Planning Commission List of Approved Actions on the Consent Calendar for reconsideration by the City Council at a public hearing. The City Council conducted a duly noticed public hearing to consider the application on May 25, 2021. SECTION 7. Planning Commission denial of the application is exempt pursuant to Section 15270 of the ‘Guidelines for Implementation of the California Environmental Quality Act (CEQA), Title 14 of the California Code of Regulations, as the project is not subject to CEQA because CEQA does not apply to projects which a public agency rejects or disapproves. The City Council’s review and reconsideration of the project is Categorically Exempt from the California Environmental Quality Act as defined in Section, Class 1 Exemption of the CEQA Guidelines. Class 1 exemptions include modifications to existing structures that involve negligible or no expansion of an existing use. The proposal pertains to an existing facility where the hotel operation will be maintained and providing on-site sale, service and consumption of beer and wine involves negligible or no expansion of the use. Moreover, none of the exceptions to the Categorical Exemption apply; nor will the project result in a significant cumulative impact of successive projects of the same type in the same place over time, or have a significant effect on the environment due to unusual circumstances, or damage a scenic highway or scenic resource within a state scenic highway. The site is not located on a hazardous waste site and will not cause a substantial adverse change in the significance of a historical resource. SECTION 8. Based on the testimony and evidence received, the City Council makes the following factual findings pertaining to the application for a Conditional Use Permit Amendment pursuant to Hermosa Beach Municipal Code Section 17.40.080: 1. Distance from Existing Residential Uses: While the existing hotel use is within close proximity to residential uses, the proposed beer and wine on-site consumption would include service in the existing indoor lounge, south of the front desk/lobby area, restricted to hotel guests only and would be an addition to the existing mini-bars for hotel guests within guest rooms. The existing hotel offers a continental breakfast service in the lounge, however no other food service would be provided in the lounge with the exemption of bagged snacks, such as nuts, chips, and non-alcoholic beverages. The existing conditions of approval set forth in PC Resolution 15-25 would remain in full force and effect (with exception of Condition 12 d for the DocuSign Envelope ID: FBE64458-4BA0-4745-9BB1-7B8A7D48AC68 209 Page 3 of 7 21-7292 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 parking fee) in addition to the new conditions of approval included in this resolution. Finally, beer and wine, service and consumption indoors would be limited to the hours of 7:00 AM to 10:00 PM 7 days a week. 2. Precautions taken by the owner or operator of the proposed establishment to assure compatibility of the use with surrounding uses: In order to prevent potential negative impacts on surrounding properties, hours for the existing hotel facilities such as the multi-functional room and the pool/spa have been limited to 10:00 P.M. The applicant proposes to also limit hours of the onsite sale, service, and consumption of beer and wine within the hotel lounge from 7:00 A.M. to 10:00 P.M. The applicant has removed the inconsistent hours for the roof deck from the business website. The proposed sale, service, and consumption of beer and wine are limited to registered guests only. Since the existing lounge is located beyond the front desk/lobby area, hotel front desk and bar staff can easily witness those entering the lounge and will have the ability to confirm that only registered guests are utilizing the on-site alcohol service. Security cameras also currently monitor the front desk and lobby area for additional security. In the applicant’s original proposal, the applicant also provided their employee alcohol-training handbook, which includes information for guest verification in regard to the alcohol service (attached). Bar staff can verify the names of the registered hotel guests through the hotel’s POS system (POS stands for Point of Sales is a computer system which allows business owners to track sales, cash flow etc.). The applicant has also committed to hire additional employees to monitor the lounge area if issues arise with the proposed beer and wine on-site sale, service and consumption. Finally, in 2020, the Planning Commission approved on-site sale, service, and consumption of beer and wine indoor only at another existing hotel (Hotel Hermosa). Due to concerns from the public and the City’s Police Department, conditions of approval were added to the resolution to mitigate potential impacts. The same conditions of approval that were identified by the City’s Police Department to lower negative impacts for Hotel Hermosa are included in the conditions of approval for the proposal. 3. The number of similar establishments or uses within close proximity to the proposed establishment: While the existing hotel is located in the downtown area of the City, which is home to many late-night alcohol establishments, the provision to expand the onsite sale, service, and consumption of beer and wine to the hotel lounge for hotel guests only would be ancillary to the primary hotel use. A similar use in the downtown area can be found at the Beach House Inn. The Beach House Inn was granted a CUP for on-sale general alcohol sales in 2001, which is limited to the use of in-room mini- bars and private banquet rooms used only by hotel guests. Since both the subject business and the Beach House Inn offer alcohol service exclusively to their hotel guests, over- concentration of similar businesses is not anticipated. The provision for on-site sale, service and consumption beer & wine only, would allow the business to remain competitive in the market and provide the same services offered at similar luxury DocuSign Envelope ID: FBE64458-4BA0-4745-9BB1-7B8A7D48AC68 210 Page 4 of 7 21-7292 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 boutique hotels. 4. Impact of the proposed use to the City’s infrastructure, and/or services: Impacts to police services have been an issue with some late night alcohol serving facilities clustered in the downtown area. However, given the proposal is not a late night establishment and the prevision only includes on-site sale, service and consumption of beer and wine only indoors for hotel guests only, the request is not anticipated to impact City services. Though the proposed use is not anticipated to create adverse effects to the City’s infrastructure and/or services, several measures have been taken through the conditions of approval to mitigate any potential impacts. The City is committed to ensuring that hotel establishments are closely monitored and the existing hotel use is conditioned such that, “Should the Police Chief determine that a continuing police problem exists, he/she may, subject to appeal to the Planning Commission, direct the presence of a police approved security personnel to eliminate the problem. An appeal to the Planning Commission shall be heard within sixty (60) days of filing the appeal. The Police Chief’s determination will not be stayed during the pendency of the appeal. If the problem persists, the Police Chief then shall submit a report to the Planning Commission, which will automatically initiate a review of the conditional use permit.” (CUP Condition 19). In addition, “The Planning Commission may review this Conditional Use Permit or Precise Development Plan or Parking Plan and may amend the subject conditions or impose any new conditions if deemed necessary to mitigate detrimental effects on the neighborhood resulting from the subject use.” (CUP Condition 30). Finally, in 2020, condition of approvals that were identified by the City’s Police Department for the CUP Amendment for Hotel Hermosa to mitigate potential services impacts from the proposed onsite sale, service, and consumption of beer and wine at an existing hotel have been added to the conditions of approval: The establishment shall have security personnel on-duty during the hours of alcohol sales, service and consumption at the owner/operator’s expense. In addition to other security duties at the hotel property, the security personnel shall be responsible for monitoring the dining and alcohol service area to address any loud, boisterous or unruly behavior. If the security personnel are not able to reduce or eliminate incidents and problems at the hotel property, the Chief of Police may direct the establishment to hire additional security personnel, at the owner/operators expense, who will have the sole responsibility of monitoring the dining and alcohol service area within the hotel property. If the problem persists, the Chief of Police shall submit a report to the Planning Commission, which will automatically initiate a review of this Conditional Use Permit and Parking Plan by the Planning Commission. If the establishment can demonstrate that security personnel is no longer necessary to the satisfaction of the Police Chief due to a reduced impact to the City’s services, such as, but not limited to a reduction in the number and severity of Calls for Service (CFS) directly attributed to the hotel property over a twelve month period the Police Chief may modify the requirement for security personnel. If there is no longer a necessity for security personnel, then the requirement to have security personnel shall be annulled upon notification from the Police Chief to the Community Development Director and the DocuSign Envelope ID: FBE64458-4BA0-4745-9BB1-7B8A7D48AC68 211 Page 5 of 7 21-7292 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 applicant. Any other change to the requirement to have security personnel shall require an amendment to this CUP following a public hearing before the Planning Commission. The establishment shall install and maintain a video surveillance system in the ground- level lounge alcohol service area, where alcohol will be consumed. The video surveillance system shall have a retention period of at least thirty (30) days. The establishment agrees to cooperate with the City’s Code Enforcement and Police Department to provide copies of video surveillance for criminal or administrative investigations. The establishment will arrange a meeting with the Police Chief on an annual basis to review the impact of the CUP. During the annual meeting, the Police Department will review the number and severity of the Calls for Service (CFS) directly attributable to the hotel property for the previous twelve months. If there are any increases in the number and severity of CFS directly attributable to the hotel property, the establishment will provide the Police Chief with a plan to reduce the impacts within thirty (30) days of the meeting. SECTION 9. Based on the foregoing, the City Council hereby approves an amendment to a Conditional Use Permit. This resolution modifies Planning Commission Resolution No. 15-25, which shall remain valid. Unless modified herein, all conditions of approval contained in PC Resolution No. 15-25 shall prevail. The following conditions of approval are hereby added to PC Resolution No. 15-25 to read as follows: 14. The provision of alcoholic beverages shall comply with the following: a. The hotel manager and anyone involved in the sale/service of beer and wine shall attend and pass a responsible beverage service training provider program to educate hotel management and servers of alcohol responsibility and California laws in order to serve alcoholic beverages safely, responsibly, and legally, and to prevent illicit drug activity. b. Exterior signage or any other form of outside promoting or advertising referencing any food and/or beverage products sold is prohibited. c. Food and beverage service shall be available only for hotel guests and shall not be open to the public. d. The hotel shall only provide alcoholic beverage services to verified registered guests of the hotel. e. All alcoholic beverages shall be served in non-disposable drink ware. f. Signs shall be posted in a conspicuous location warning patrons of the illegality of removing alcoholic beverages from the hotel property, and carrying and consuming alcoholic beverages in any public place such as the public sidewalk. g. Any substantial deviation, changes to the floor plan, site plan or building exterior, DocuSign Envelope ID: FBE64458-4BA0-4745-9BB1-7B8A7D48AC68 212 Page 6 of 7 21-7292 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 which alters or intensifies the alcoholic beverages service shall be subject to review and approval by the Planning Commission. 15. The establishment shall have security personnel on-duty during the hours of alcohol sales, service and consumption at the owner/operator’s expense. In addition to other security duties at the hotel property, the security personnel shall be responsible for monitoring the dining and alcohol service area to address any loud, boisterous or unruly behavior. If the security personnel are not able to reduce or eliminate incidents and problems at the hotel property, the Chief of Police my direct the establishment to hire additional security personnel, at the owner/operators expense, who will have the sole responsibility of monitoring the dining and alcohol service area within the hotel property. If the problem persists, the Chief of Police shall submit a report to the Planning Commission, which will automatically initiate a review of this Conditional Use Permit and Parking Plan by the Planning Commission. If the establishment can demonstrate that security personnel is no longer necessary, to the satisfaction of the Police Chief and/or a reduced impact to the City’s services, such as, but not limited to a reduction in the number and severity of Calls for Service (CFS) directly attributed to the hotel property, over a twelve month period, the Police Chief may modify the requirement for security personnel. If there is no longer a necessity for security personnel, then the requirement to have security personnel shall be annulled upon notification from the Police Chief to the Community Development Director and the applicant. Any other change to the requirement t o have security personnel shall require an amendment to this CUP following a public hearing before the Planning Commission. 16. The establishment shall install and maintain a video surveillance system in the dining and alcohol service area, and all other common areas of the hotel where alcohol may be consumed. The video surveillance system shall have a retention period of at least thirty (30) days. The establishment agrees to cooperate with the City’s Code Enforcement and Police Department to provide copies of video surveillance for criminal or administrative investigations. 17. The establishment will arrange a meeting with the Police Chief on an annual basis to review the impact of the CUP. During the annual meeting, the Police Department will review the number and severity of the Calls for Service (CFS) directly attributable to the hotel property for the previous twelve months. If there are any increases in the number and severity of CFS directly attributable to the hotel property, the establishment will provide the Police Chief with a plan to reduce the impacts within thirty (30) days of the meeting. SECTION 10. This permit shall not be effective for any purposes until the permittee and the owner of the property involved provide evidence to the office of the Planning Division of the Community Development Department of recording of the signed Acceptance of Conditions’ affidavit with the Los Angeles County Recorder’s Office stating that they are aware of, and agree to accept, all of the conditions of this permit. DocuSign Envelope ID: FBE64458-4BA0-4745-9BB1-7B8A7D48AC68 213 Page 7 of 7 21-7292 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 The Conditional Use Permit shall be recorded, and proof of recordation shall be submitted to the Community Development Department prior to the issuance of a business license. Each of the above conditions is separately enforced, and if one of the conditions of approval is found to be invalid by a court of law, all the other conditions shall remain valid and enforceable. To the extent permitted by law, Permittee shall defend, indemnify and hold harmless the City of Hermosa Beach, its City Council, its officers, employees and agents (the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void any permit or approval for this project authorized by the City, including (without limitation) reimbursing the City its actual attorney’s fees and costs in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. The permittee shall reimburse the City for any court and attorney's fees which the City may be required to pay as a result of any claim or action brought against the City because of this permit. Although the permittee is the real party in interest in an action, the City may, at its sole discretion, participate at its own expense in the defense of the action, but such participation shall not relieve the permittee of any obligation under this condition. SECTION 11. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge to the final decision on this Parking Plan (either by the Planning Commission, or the City Council should they take jurisdiction of the project), must be made within 90 days after the final decision. PASSED, APPROVED AND ADOPTED this 13th day of July, 2021. _________________________________________________________________________ PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: ____________________________ ____________________________ Eduardo Sarmiento, Michael Jenkins, City Clerk City Attorney DocuSign Envelope ID: FBE64458-4BA0-4745-9BB1-7B8A7D48AC68 214 215 Public Notification Package – 1429 Hermosa Avenue Poster Visible from 15th Court 216 217 Poster Visible from Hermosa Avenue 218 219 Community Development Department Planning Division – Attn: John Masi (APE22-05) City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 IMPORTANT PUBLIC NOTICE 1429 Hermosa Avenue, Hermosa Beach, CA 90254 Assessor Parcel Number 4183-004-028 NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Hermosa Beach will hold a Public Hearing on Tuesday, May 21, 2024 at 7:00 p.m. to consider the request described below. A CONDITIONAL USE PERMIT AMENDMENT (APE22-05) TO EXPAND THE ONSITE SALE AND CONSUMPTION OF ALCOHOL FROM BEER AND WINE ONLY TO BEER, WINE, AND DISTILLED SPIRITS WITHIN THE FIRST-FLOOR LOUNGE AREA BETWEEN 7AM AND 10PM, AND ON THE THIRD-FLOOR DECK BETWEEN 9AM AND 9PM, TO REGISTERED GUESTS AND THEIR GUESTS, AT AN EXISTING HOTEL (H2O HOTEL) LOCATED AT 1429 HERMOSA AVENUE IN THE C-2, DOWNTOWN COMMERCIAL ZONE, AND DETERMINATION THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PER SECTION 15301, CLASS 1 OF THE CEQA GUIDELINES FOR A PROJECT INVOLVING NEGLIGIBLE OR NO EXPANSION OF AN EXISTING USE. SAID PUBLIC MEETING is open to the public and being held in-person in the City Hall Council Chambers located at 1315 Valley Drive, Hermosa Beach, CA 90254. Public comment is only guaranteed to be taken in person at City Hall during the meeting or prior to the meeting by submitting an eComment, email or letter for an item on the agenda. As a courtesy only, the public may view and participate on action items listed on the agenda via the following: Zoom - https://us02web.zoom.us/j/82539742028?pwd=ountrdnvd2l6tzbptdljc2x6bgfwdz09 Meeting ID: 825 3974 2028 Password: 207860 Phone - Toll Free: (833) 548-0276 Meeting ID: 825 3974 2028, then #; Passcode: 207860 Please be advised that while the City will endeavor to ensure these remote participation methods are available, the City does not guarantee that they will be technically feasible or work all the time. Further, the City reserves the right to terminate these remote participation methods (subject to Brown Act restrictions) at any time and for whatever reason. Please attend in person or by submitting an eComment to ensure your public participation. Similarly, as a courtesy, the City will also plan to broadcast the meeting via the following listed mediums. However, these are done as a courtesy only and are not guaranteed to be technically feasible. Thus, in order to guarantee live time viewing and/or public participation, members of the public shall attend in Council Chambers. Cable TV - Spectrum (channel 8) and Frontier (channel 31) in Hermosa Beach YouTube - https://www.youtube.com/c/cityofhermosabeach90254 Live Stream - www.hermosabeach.gov and visit the agendas/minutes/videos If you experience technical difficulties while viewing a meeting on any of our digital platforms, please try another viewing option. View Planning Commission staff reports and attachments at: www.hermosabeach.gov and visit the Agendas/Minutes/Video page. Council Chambers Wi-Fi Network ID: chb guest Password: chbguest To comply with the Americans with Disabilities Act of 1990, assistive listening devices (ald) are available for check out at the meeting. If you require special assistance to participate in this meeting, you must call or submit your request in writing to the office of the City Clerk at (310) 318-0204 or at cityclerk@hermosabeach.gov at least 48 hours before the meeting. 220 Submit an ecomment via Speak Up Hermosa at www.hermosabeach.granicusideas.com by 12:00 p.m. on the meeting date. For items on the agenda, supplemental communications may be submitted via ecomment or emailed to planning@hermosabeach.gov. Supplemental emails should indicate the agenda item and meeting date in the subject line and must be received by 12:00 p.m. on the date of the meeting to be posted to the corresponding agenda item before the meeting begins. Supplemental communications submitted after 12:00 p.m. on the date of the meeting but before the meeting ends will be posted to the agenda packet the next business day. Carrie Tai, AICP Community Development Director 221 222 223 Jessica Accamando Dear Members of the Planning Commission, The Hermosa Beach Chamber of Commerce is writing to express our strong support for the H2O Hotel's application for an amendment to their Conditional Use Permit (C.U.P.). We believe that approving this amendment will positively impact the hotel and the wider community. Community Impact: Since its opening, H2O Hotel has had no recorded issues or noise complaints. This impeccable record highlights their commitment to being a responsible and considerate business within the community. The absence of disturbances underscores the hotel's ability to host events without negatively impacting the surrounding area. Comparison with Other Establishments: Similar boutique hotels in the area operate lobby lounge areas without restrictions on whether guests must be overnight guests. Allowing H2O Hotel the same flexibility aligns with the practices of comparable local businesses and fosters a fair and competitive business environment. Community Involvement: H2O Hotel is a wonderful community member that consistently contributes to local fundraisers, participates actively in community events, and has no record of unruly calls for service. Their positive presence and involvement in the community are greatly valued. We also respectfully submit the following points for your consideration: Traffic Study Requirement: We understand that the current presented limits of occupancy are due to a requirement of a traffic study. Requiring H2O Hotel to conduct a traffic study for events with 20-79 attendees who are likely acquaintances imposes an undue financial burden on the business. The average cost of such a study is approximately $20,000, which is excessive for the scale of these events and imposes an unnecessary financial strain on a local business. Occupancy Regulation: It is unusual to modify the C.U.P. to regulate guest numbers that fall below the established occupancy limits for the hotel’s facilities. The occupancy limit for their lobby is 49 people, and the 3rd floor deck accommodates 48 people. The proposed amendment seeks to manage guest numbers well within these limits, making further regulation redundant and unnecessary. We respectfully request that you consider raising the limit. In conclusion, the Hermosa Beach Chamber of Commerce firmly supports the H2O Hotel's application for a C.U.P. amendment. We believe that the requested changes are reasonable, equitable, and beneficial for both the business and the broader community. We respectfully urge the Planning Commission to approve this amendment and support the continued success of H2O Hotel. Thank you for your consideration. Sincerely, Board of Directors Hermosa Beach Chamber of Commerce and Visitors Bureau 224 Fiona Fleming Dear Hermosa Beach City Council/Planning Commission, I firmly support the proposed CUP amendment for H20 Hotel. This amendment fosters the effort for a well respected establishment to remain competitive while attracting visitors to Hermosa Beach and further benefitting the surrounding community. As it is, businesses alike are struggling to stay alive with razor thin margins and really need the flexibility (and the vehement support of the community) in their efforts to creatively drive business. H20 has proven to be valuable Hermosa Beach business as evident in their support for community projects and local organizations. As a fellow downtown business owner, I am happy to endorse this proposal and wish them all the best. Best, Fiona Fleming, CEO Patrick Molloy's Hermosa Beach 225 Michelle Crispin Dear Members of the Planning Commission, I strongly support H2O Hotel's application for an amendment to their Conditional Use Permit (C.U.P.) and believe that approving this amendment will positively impact both the local business and the wider community. Please consider the following points: • Since opening, H2O Hotel has had no recorded issues or noise complaints. • Other boutique hotels in the area operate lobby lounge areas without restrictions on whether patrons must be overnight guests. • H2O Hotel actively contributes to local events and is involved in our city. • Requiring H2O Hotel to conduct a traffic study for events with 20-79 attendees, who are likely acquaintances, imposes an undue financial burden on the business. We respectfully request that you consider approving the proposed amendment to allow guest numbers within their established occupancy limits of 79 people in the lobby and 48 people on the third-floor deck. In conclusion, the Hermosa Beach Chamber of Commerce firmly supports H2O Hotel's application for a C.U.P. amendment. The requested changes are reasonable, equitable, and beneficial for both the business and the community. We respectfully urge the Planning Commission to approve this amendment and support the continued success of H2O Hotel. Thank you for your consideration. Sincerely, Michelle Crispin Advocacy Committee Chair Hermosa Beach Chamber of Commerce Board of Directors 226 Raymond Dussault To the Hermosa Beach Planning Commission: Seven or eight years ago, Hermosa Beach, prompted by the Planning Commission, instituted a no alcohol intensification policy. While this ordinance was well-intentioned and has helped prevent Hermosa from becoming the French Quarter of the South Bay, it has also been misused as a roadblock against businesses. This includes the H2O Hotel application, which has faced inappropriate rejection, as well as being an excuse to shut down patio dining and initiate the widely criticized Late Night Alcohol Ordinance. While avoiding new nightclub uses in Hermosa has its benefits, it is equally important to support responsible, locally-owned businesses like those on the Pier and Hermosa Avenue, including new proposals like H2O and the Formula One Racing business. Recently, the Planning Commission has adopted a more open-minded approach that aligns with the original intent, enhances the community’s reputation, and brings value to Hermosa. Approving this amendment will benefit both the hotel and the wider community. In addition, the Formula One business is a unique and exciting use that is unlikely to lead to any issues. H2O has been a boon to the community and operated without issues. Other boutique hotels in the area operate lobby lounge areas without restrictions on guest status. Allowing H2O Hotel the same flexibility ensures fair competition and aligns with local business practices. I wholeheartedly support the applications of H2O and the Formula One Racing business. I look forward to seeing the Planning Commissioners continue to enhance the reputation of Hermosa by recommending approval of both CUP modification requests. 227 Laura Pena Dear Planning Commissioners, I am writing to express my wholehearted support for the Conditional Use Permit (CUP) amendment proposal being presented by the H2O Hotel. This proposal seeks to enhance their services by allowing them to serve full liquor in their lobby and rooftop areas, as well as host gatherings of more than 20 people in both spaces. I believe this amendment will not only elevate the guest experience at H2O but also contribute significantly to the prosperity of our local economy by attracting more visitors to Hermosa Beach. As a member of our business community, I understand the importance of continuously evolving to meet the needs and desires of our residents and visitors. The proposed amendment aligns perfectly with this ethos, offering an enhanced experience for guests of H2O while also creating opportunities for growth and prosperity throughout Hermosa Beach. Furthermore, I am compelled to highlight the financial burden imposed by limiting occupancy for events for 20-79 until a traffic study is conducted. Requiring H2O Hotel to conduct such a study, which often carries a cost of approximately $20,000, is excessive for the scale of these events and places an undue strain on a local business. This expense could significantly hinder H2O Hotel's ability to enhance their services and contribute to our community's economic growth. By endorsing this proposal, we can demonstrate our commitment to fostering a vibrant and thriving hospitality sector in our community. Allowing H2O to serve full liquor in their lobby and rooftop areas, as well as host larger gatherings, will undoubtedly enhance their appeal as a premier destination in Hermosa Beach. This, in turn, will attract more visitors to our area, benefiting not only H2O but also the many businesses that make up our local economy. I urge the Planning Commission to carefully consider and support the CUP amendment proposal put forth by H2O Hotel. By doing so, we can help create opportunities for growth and prosperity that will benefit our entire community for years to come. As always, I appreciate your thoughtful consideration. Laura Pena 228 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 24-0200 Honorable Chair and Members of the Hermosa Beach Planning Commission Regular Meeting of May 21, 2024 CONDITIONAL USE PERMIT (CUP 23-13) TO ALLOW A 7,214-SQUARE-FOOT PRESCHOOL AND DAYCARE WITH AN OUTDOOR PLAY AREA AT 210 PACIFIC COAST HIGHWAY IN THE SPECIFIC PLAN AREA (SPA) - 7 ZONE, AND DETERMINE THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (Assistant Planner Johnathon Masi) Recommended Action: Staff recommends that the Planning Commission: 1.Determine the project is categorically exempt from the California Environmental Quality Act (CEQA); and 2.Approve a Conditional Use Permit (CUP 23-13)to allow a preschool and daycare with an outdoor playground at 210 Pacific Coast Highway, subject to conditions. Executive Summary: The applicant (Amir Mikhail)is requesting a Conditional Use Permit (CUP)to convert an existing commercial building at 210 Pacific Coast Highway to a preschool and daycare with an outdoor playground. Staff recommends the Planning Commission approve the request, subject to conditions. Background: The project site is in the Specific Plan Area (SPA)-7 zone,at the intersection of Pacific Coast Highway and eastbound 2nd Street.The property is developed with an existing commercial building, previously operated as a used car dealership and body shop (Felder’s Body Shop and Sales).The applicant proposes replacing the existing use with a preschool and daycare,with an outdoor playground.Pursuant to Hermosa Beach Municipal Code (HBMC)Section 17.38.300(A),permitted commercial uses in the SPA-7 zone shall be the same as those permitted in the General Commercial (C-3)zone.Per HBMC Section 17.26.030,“Day nursery,preschool”is a conditionally permitted use in the C-3 zone and requires a CUP.Further,HBMC Section 17.40.110 provides specific minimum conditions and standards for “day nursery, preschools”, including minimum parking standards. Site Information Table: The following table describes the existing site characteristics. City of Hermosa Beach Printed on 5/21/2024Page 1 of 13 powered by Legistar™229 Staff Report REPORT 24-0200 Site Information General Plan Community Commercial (CC) Zoning Specific Plan Area, 7 (SPA-7) Lot Size 16,254.99 sq. ft. Existing Square Footage 7,214 sq. ft. Surrounding Zoning North:SPA-7, R-1 East:R-1 South:SPA-7 West:SPA-7 Surrounding Uses North:Commercial, Single-Family East:Single-Family South:Commercial West:Commercial Project Description: The applicant proposes converting the existing 7,214-square-foot commercial building into a new daycare and preschool with a total 3,770-square-foot outdoor playground enclosed by an existing block wall ranging from 8 to 16 feet in height.The applicant proposes operating between 7 a.m.and 6 p.m.with a maximum of 77 students.The project includes a total of 11 parking spaces,with three compact spaces,one accessible space,and three spaces restricted to loading and unloading.Five parking spaces would be located in the parking lot on the north side of the property with vehicle access from Pacific Coast Highway.An additional six parking spaces would be provided on the south side of the property with vehicle access from 2nd Street.The three loading and unloading spaces would be located in the south parking lot. The daycare will be required to institute operating measures to manage the drop-off and pick-up process,including being open and available to receive children during all operating hours,having at least one employee shall be in the drop-off/pick-up areas during scheduled times to ensure student safety and minimize drop-off /pick-up times,and notifying parents as part of the registration process that pick-up and drop-off may not occur on Pacific Coast Highway.The applicant will also be required to install/paint roadway markings to guide driver actions. Discussion: The project proposes retaining the existing single-story commercial building,with a small addition and interior remodel to accommodate the proposed use.Specifically,the project would demolish an City of Hermosa Beach Printed on 5/21/2024Page 2 of 13 powered by Legistar™230 Staff Report REPORT 24-0200 and interior remodel to accommodate the proposed use.Specifically,the project would demolish an existing accessory structure,and legalize an existing enclosed garage space.The project would also convert existing parking on the southeast portion of the property to an outdoor playground space, split into two sections for differing age groups.The proposed addition does not require entitlements, as the property is located in the SPA-7 zone.The SPA provides two tiers of development standards. Projects that remain within the parameters of the first tier are ministerial and do not require Planning Commission review.The proposed project remains within the first tier of development standards described by HBMC Section 17.38.320.Additionally,the project will retain the existing parking lots- the north lot accessible from Pacific Coast Highway and the south lot accessible from 2nd Street,but proposes restriping to accommodate required parking,and loading and unloading of children,as required per HBMC Section 17.40.110. In accordance with the Zoning Ordinance,the purpose of a Conditional Use Permit is to allow for the individual review of specified uses:“(1)to assure that the degree of compatibility shall be maintained with respect to the particular use on the particular site and in consideration of other existing and potential uses within the general area in which such use is proposed to be located;and (2)to recognize and compensate for variations and degree of technological processes and equipment as related to the factors of noise,smoke,dust,fumes,vibration,odors and hazards through the imposition of conditions of approval if found appropriate.” To demonstrate the project’s compatibility with the surrounding area and consistency with the Municipal Code and General Plan,the applicant provided an Acoustical Analysis,and a Traffic Operations and Parking Study, and a Phase 1 and Phase 2 environmental assessment. Noise: PLAN Hermosa describes a daycare use as a “sensitive receptor”.Sensitive receptors are schools, homes,hospitals,and other uses that serve individuals such as children and elderly who are susceptible to noise and other environmental impacts.The project site located on the east side of Pacific Coast Highway within the 60-70 CNEL noise contours (General Plan Figure 6.9).PLAN Hermosa establishes the interior noise standards for schools as 45 decibels(dB),and the maximum exterior CNEL is 65 dB.Additionally,the General Plan establishes a compatibility matrix,Table 6.4, for evaluating the compatibility of the CNEL contour for uses.The matrix uses an A-D rating scale, with “A”rated noise levels being clearly compatible based on noise and do not require special insultation to protect sensitive receptors,and “D”rated noise levels being clearly incompatible.Based on the established rating,the project site has a “C”rating which is “normally incompatible.”However, with a detailed analysis and incorporation of sound attenuation measures a use may be made compatible.A noise analysis was prepared by Veneklasen on April 8th and assesses interior and exterior noise exposure levels. The analysis separated the building into four zones of analysis.The analysis found that the exterior noise levels would be between 65-75 dB without the proposed design features,varying based on theCity of Hermosa Beach Printed on 5/21/2024Page 3 of 13 powered by Legistar™231 Staff Report REPORT 24-0200 noise levels would be between 65-75 dB without the proposed design features,varying based on the zone shown in Figure 2.The following features are required to bring the interior noise levels to acceptable levels:(1)Window and Door Ratings at STC 30 for Zones C and D,STC 33 for Zone B, and STC 37 for Zone A;and (2)residential mechanical ventilation units,or other means of natural ventilation, as opposed to commercial units. Additionally,the analysis determined that the exterior noise levels both directed towards the subject property and projected from the site to adjacent properties.The analysis found noise generated inwards towards the site,and measured within the playground would be sufficiently reduced by the existing building configuration and block wall along the perimeter of the playground.The exterior noise generated by the use,measured at adjacent residential properties would also be within acceptable levels, assuming at most 30 children are playing at one time. Traffic Operations and Parking Study: A Traffic Operations and Parking Study (Attachment 5)dated April 24,2024 prepared by Raju Associates,Inc.assesses the parking,loading,vehicle trips,on-site circulation,and queuing.The study provides the following conclusions based on the applicant’s proposed operations: Traffic and Queueing: The study evaluated the traffic from the project based on Vehicle Miles Traveled (VMT).The study compared existing trip generation where the existing use is auto sales (Table 6),and where the existing use is retail (Table 5 of Attachment 5).The study describes the net project trip generation for daily,AM and PM peak hours based on existing conditions,and based on the proposed use.From Table 5,the consultant concluded the project would generate fewer daily trips compared to the existing retail (65 less daily trips),and fewer PM peak hour trips (3 trips less).During the AM peak hour,the project would result in a net increase of 19 trips inbound and outbound.From Table 6,the consultant concluded the project would generate a net increase of 94 daily trips,with 38 new AM peak hours trips,and 26 new PM peak hour trips.Pursuant to SB 743,and subsequent 2019 Technical Advisory issued by the Governor’s Office of Planning and Research,projects resulting in less than 110 daily trips are presumed to not cause substantial transportation impacts.Therefore,the study concluded the generated VMT for the proposed use is within acceptable levels. The study reviewed intersection Level of Service (LOS)and queueing.The study compared existing LOS and queueing of the southbound,left turn lane from Pacific Coast Highway onto 2nd Street eastbound (SBL),and the northbound,left turn lane from Pacific Coast Highway to 2nd Street west bound (NBL)(including as Table 7).The study found the proposed use would cause little to no impact to existing queueing for the NBL and SBL, compared to existing conditions. Site Access and Parking Layout: On-site parking is divided between two parking lots-the north lot accessible from Pacific Coast Highway,and the south lot accessible from 2nd Street-and provides a total of 11 parking spaces.City of Hermosa Beach Printed on 5/21/2024Page 4 of 13 powered by Legistar™232 Staff Report REPORT 24-0200 Highway,and the south lot accessible from 2nd Street-and provides a total of 11 parking spaces. Three parking spaces in the south parking lot would be designated for drop-off and pick-up.The applicant initially proposed two spaces on the south side of the property,and one located on the north.After analyzing the existing conditions of the site including means of accessing the site,the consultant recommended moving all pick-up/drop-off spaces to the south parking lot.Further,the study indicated three pick-up/drop-off spaces would be sufficient roughly 90 percent of the time. Staff reviewed both parking lots for consistency with the Parking Lot Design Standards referenced by HBMC 17.44.130,and available on the City’s website.The project provides sufficient turning radius, adequate accessible parking, and space for loading and unloading children when parked. The City’s Traffic Engineer peer-reviewed the Parking Study and made the following recommendations: 1.Require the applicant to paint “KEEP CLEAR”directly in front of the south parking lot on 2nd Street,to ensure vehicles exiting the lot and vehicles entering the lot are not obstructing oncoming traffic,and that clear space for circulation will facilitate more efficient entering and exiting; and 2.Require the applicant repaint “DO NOT ENTER”on the street to the east of the subject site,to ensure one-way traffic circulation from 2nd Street eastbound towards Pacific Coast Highway is maintained. 3.To reduce the bunching of trips during pick up and drop off the applicant or operator shall institute the following operating conditions: a.The business shall be open and available to receive children from 7 a.m. - 6 p.m.; b.At least one employee shall be in the drop-off/pick-up areas during scheduled times to ensure student safety and minimize drop-off /pick-up times. 4.The applicant shall notify parents as part of the registration process that pick-up and drop-off shall not occur on Pacific Coast Highway. Environmental Assessment: The applicant is proposing the conversion of a site previously operated as a car dealership and auto repair shop.A Phase 1 Environmental Site Assessment was prepared on July 22,2019 by Geo Forward.The study found keys locations on the property where dilapidated underground structures, including sump drain networks and septic tanks,were potentially releasing hazardous substances. The assessment recommended further investigation to determine the full presence of hazardous substances.A Phase 2 Environmental Site Assessment was prepared on August 7,2019 by Geo Forward.The study conducted a more thorough investigation of soil contamination.The assessment further supported Phase 1 observations of underground structures,and the concern these structures may be leaking hazardous substances.The assessment recommended further subsurface soil investigation,and the removal of the underground structures believed to be on the property.The property owner conducted Remedial Excavations and Confirmation Sampling (Attachment 6).The summary report was completed by Enviro Applications on November 30,2020.The excavationCity of Hermosa Beach Printed on 5/21/2024Page 5 of 13 powered by Legistar™233 Staff Report REPORT 24-0200 summary report was completed by Enviro Applications on November 30,2020.The excavation included the removal of a hydraulic lift,and a sump and drywell.The excavation also confirmed the suspected underground tank was not present.Soil observations concluded remediation efforts were successful, and no further action was required. Findings: all uses which require a Conditional Use Permit (CUP).In addition to required findings for all CUPs, specific requirements for nurseries and day cares shall be made pursuant to HBMC Section 17.40.110. The use specific requirements are incorporated in the proposed conditions of approval. Distance from existing residential uses; The subject property borders residential zones along its north and east property lines.The site is developed with an existing structure that has no setback from the north property line,and a ten-foot wall that separates the proposed playground and residential properties to the east.As indicated in the attached Exterior Noise and Exterior Façade Acoustical Analysis (Attachment 3)the existing site configuration and recommended exterior design features will adequately prevent excessive effects on adjacent properties.Specifically,the existing property wall between the playground and adjacent properties,will provide adequate shielding for adjacent residences from the proposed use,as well as proper shielding for the playground from adjacent streets. The amount of existing or proposed off-street parking facilities,and its distance from the proposed use; Consistent with HBMC Section 17.40.110 concerning specific requirements for day nurseries or preschool,childcare uses with 13 or more children must provide a minimum of one parking space for every 7 children.The applicant proposes a maximum attendance of 77 students,requiring a minimum of eleven spaces on site.Project plans reflect a total of eleven spaces,with three compact spaces,one ADA accessible space,and three pick-up/drop-off spaces.The applicant prepared a Traffic Operations and Parking Study Evaluation (Attachment 4).The study found that with three pickup/drop-off spaces,the site would have adequate loading capacity roughly 91 percent of the time. Location of and distance to churches, schools, hospitals and public playgrounds; The subject site is approximately 0.4 miles from Our Lady of Guadalupe Church,450 feet from the Ocean View Parkette,and 3.1 miles from Providence Little Company of Mary Medical Center in Torrance.The project proposes a change in use,which will not pose significant impacts to the above- mentioned sensitive facilities.The General plan recognizes the need for childcare facilities to serve residents as the family population increases. The combination of uses proposed; The project proposes a change in use from auto repair and sales to daycare with outdoor playground space.The project is consistent with the intent of the Community Commercial (CC)land useCity of Hermosa Beach Printed on 5/21/2024Page 6 of 13 powered by Legistar™234 Staff Report REPORT 24-0200 space.The project is consistent with the intent of the Community Commercial (CC)land use designation,as it offers a use that looks to primarily serve Hermosa Beach residents.Further,the applicant provided an Acoustical Analysis and Parking Study to demonstrate the use would not pose significant impacts to adjacent properties. Precautions taken by the owner or operator of the proposed establishment to assure the compatibility of the use with surrounding uses; The project proposes to retain the existing nonconforming property line wall,separating the subject property and adjacent residential properties to the east.Further,the Acoustical Analysis,and Traffic Operations and Parking Study include recommended design components and operating conditions to ensure compatibility with adjacent properties.The recommendations of both studies are included in the conditions of approval of the attached draft resolution (Attachment 1).Specifically,the applicant is providing window glazing to the specification details by the Acoustical Analysis,relocating pick- up/drop-off space to the south parking lot only as recommended by the Traffic Operations and Parking Study,and extending hours of operation to accommodate a more spread-out pick-up/drop-off time, consistent with the hours analyzed in the Traffic Operations and Parking Study. The relationship of the proposed business-generated traffic volume and the size of streets serving the area; The applicant provided a Traffic Operations and Parking Study that evaluates the anticipated traffic generated by the use.Further,the study found the parking is adequate for the use.However,the study recommended the assigned loading/unloading parking spaces be solely located in the south parking lot,to minimize impacts to Pacific Coast Highway.The study indicated the traffic generated by the use will not impact access for emergency services to the subject site,or adjacent properties. In addition,to minimize queueing onto Pacific Coast Highway,a condition of approval requiring the applicant paint a “KEEP CLEAR”notice on the right-of-way directly adjacent to the south parking lot driveway.Also,the applicant will be required to repaint the “DO NOT ENTER”painted in the right-of- way to the east of the subject property. The proposed exterior signs and decor,and the compatibility thereof with existing establishments in the area; Proposed signage is subject to HBMC Chapter 17.50.Proposed signage must be constructed in a manner consistent with the standards described by HBMC Chapter 17.50 or obtain a sign variance to deviate from particular design criteria. The number of similar establishments or uses within close proximity to the proposed establishment; Our Lady of Guadalupe has an existing CUP for a preschool,granted in 2011.The subject site is approximately 0.4 miles from Our Lady of Guadalupe.Our Lady of Guadalupe utilizes the preschool in combination with other uses,including a religious institution,and is located in R-1,Single-family City of Hermosa Beach Printed on 5/21/2024Page 7 of 13 powered by Legistar™235 Staff Report REPORT 24-0200 residential zone. Noise, odor, dust and/or vibration that may be generated by the proposed use; The submitted Acoustical Analysis provides a detailed review of the proposed use and its expected impact to adjacent properties.Specifically,the analysis discusses the interior and exterior noise generated by the use,separated into Zones A-D and the playground.The Acoustical Analysis found the existing nonconforming property wall provided acoustical shielding that minimized excessive noise measured on adjacent properties.Also,the analysis indicated,with proper window glazing, expected interior noise levels will be consistent with what City standards require.Finally,the analysis assumed no more than 30 children would use the playground at any one time.A condition to explicitly limit the number of children using the playground at any one time,to ensure the conclusions of the analysis are based on actual practices on site, is included in the draft resolution. Impact of the proposed use to the city’s infrastructure, and/or services; The applicant provided a Traffic Operations and Parking Study evaluating anticipated traffic generated by the use.Further,the study found the parking is adequate for the use.The study recommended the assigned loading/unloading parking spaces be solely located in the south parking lot,to minimize impacts to Pacific Coast Highway.The study indicated the traffic generated by the use will not impact access for emergency services to the subject site, or adjacent properties. Will the establishment contribute to a concentration of similar outlets in the area; The project would not contribute to an existing concentration of similar uses,because the City has a limited number of daycare businesses in the area.The General Plan establishes the need for community-serving facilities such as childcare in the city.Additionally,the project will provide a service that is unique for the SPA-7 zone. Other considerations that,in the judgment of the planning commission,are necessary to assure compatibility with the surrounding uses, and the city as a whole. The project proposes landscaping along Pacific Coast Highway.Staff proposes a condition of approval requiring the applicant comply with Sections 17.22.060(H),8.60.060,and 8.60.070 to the satisfaction of the Community Development Director and Public Works Director.Specifically,an automatic landscape sprinkler system consistent with Section 17.22.060(H)shall be provided and shall be shown on plans Additionally,consistent with HBMC Section 8.12.220,staff proposes a condition requiring the site maintain trash facilities appropriate for the site.Athens requires the following specifications:three bins in a trash enclosure:(1)3 cubic yard trash bin,(1)1.5 cubic yard recycling bin,and (1)organics cart. Total size of enclosure to accommodate all three bins must be a minimum 120” X 84” minimum. Staff recommends approval of the CUP as the findings can affirmatively be made in support of the request, with the incorporation of conditions of approval (Attachment 1). City of Hermosa Beach Printed on 5/21/2024Page 8 of 13 powered by Legistar™236 Staff Report REPORT 24-0200 General Plan Consistency: This report and associated recommendation have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below: General Plan Consistency Land Use Element Findings Goal 7.Adequate space and appropriate integration of community and school facilities that support physical activity, civic life and social connections for residents of all ages and interests. The project proposes a service which supports the community needs of the City. Further, the property has a Community Commercial (CC) land use designation, which accommodates locally oriented uses. The project proposes a desirable use, with design features that limit impacts to adjacent properties. Policy 7.7. Private recreational, cultural, and health care facilities. Encourage compatible development of private recreation, cultural, education, institutional and health care uses along corridors and in districts. Goal 13.Land use patterns that improve the health of residents. The project offers a new use, which may be utilized by local families. The limited access to childcare within the City support the proposed project. Further, the use would provide an essential need that is high demand in the City. Policy 13.2 Social and health needs. Support the continuation of existing and new uses that enhance the social and health needs of residents. Public Safety Element Findings Goal 7.Noise compatibility is considered in the land use planning and design process. Table 6.3 outlines maximum Community Noise Equivalent Levels (CNELs). For Schools, the maximum interior CNEL is 45 dB, and the maximum exterior CNEL is 65 dB. Further, for Playgrounds, Neighborhood Parks land uses, the maximum exterior CNEL is 70 dB. The project proposes a preschool and daycare, with an exterior playground area. The applicant prepared an Acoustical Analysis which shows the interior noise levels would be sufficiently reduced with the incorporation of new and existing design features. Additionally, the expected noise generated by the use would be within the maximum levels established by Table 6.3. Specifically, Table 3 and Table 4 of the analysis documents Interior and Exterior Noise Levels for the proposed use. Policy 7.1.Noise standards. Adopt, maintain, and enforce planning guidelines that establish the acceptable noise standards identified in Table 6.3. Policy 7.2.Noise compatibility. Utilize the Land Use/Noise Compatibility Matrix shown in Table 6.4 as a guide for future planning and development decisions. Based on the General Plan Existing Noise Contours map (Figure 6.9) the project site falls within 60-70 CNEL levels. Table 6.4 of the General Plan provides review procedures for specific uses, based on the expected CNEL of the use. The matrix uses an A-D rating scale, with “A” rated uses not requiring special insultation to protect sensitive receptors, and “D” rated generally being incompatible. Hospital, church, library, and school classrooms with CNELs between 65 dB and 70 dB are given a C. The Zone C interpretation provides “New construction or development should normally be discouraged. If new construction or development does proceed, a detailed analysis or noise reduction requirements must be made and needed noise insulation features must be included in the design.” The Acoustical Analysis the applicant prepared, includes design features to minimize noise impacts to sensitive receptors, including installing glazed windows. Policy 7.3.Noise analysis and mitigation. Require all proposed development projects and modifications to existing developments to be compatible with the existing and future noise levels by using the Land Use/Noise Compatibility matrix shown in Table 6.4, or equivalent city policy or code. Where proposed projects are not located in an area that is “clearly compatible”, the City will require that an acoustical study be prepared as a condition of building permit approval demonstrating compliance with the noise standards shown in Table 6.3. The applicant prepared an Acoustical Study, consistent with Policy 7.3. Further, the analysis shows the project is within the allowable CNELs for the specific use, and includes, where necessary, design features to further minimize noise impacts to sensitive receptors. City of Hermosa Beach Printed on 5/21/2024Page 9 of 13 powered by Legistar™237 Staff Report REPORT 24-0200 General Plan ConsistencyLand Use Element FindingsGoal 7.Adequate space and appropriateintegration of community and schoolfacilities that support physical activity, civiclife and social connections for residents ofall ages and interests.The project proposes a service whichsupports the community needs of the City.Further, the property has a CommunityCommercial (CC) land use designation,which accommodates locally oriented uses.The project proposes a desirable use, withdesign features that limit impacts toadjacent properties.Policy 7.7. Private recreational, cultural,and health care facilities. Encouragecompatible development of privaterecreation, cultural, education, institutionaland health care uses along corridors and indistricts.Goal 13.Land use patterns that improvethe health of residents.The project offers a new use, which may beutilized by local families. The limited accessto childcare within the City support theproposed project. Further, the use wouldprovide an essential need that is highdemand in the City. Policy 13.2 Social and health needs. Support the continuation of existing and new uses that enhance the social and health needs of residents. Public Safety Element Findings Goal 7.Noise compatibility is considered in the land use planning and design process. Table 6.3 outlines maximum Community Noise Equivalent Levels (CNELs). For Schools, the maximum interior CNEL is 45 dB, and the maximum exterior CNEL is 65 dB. Further, for Playgrounds, Neighborhood Parks land uses, the maximum exterior CNEL is 70 dB. The project proposes a preschool and daycare, with an exterior playground area. The applicant prepared an Acoustical Analysis which shows the interior noise levels would be sufficiently reduced with the incorporation of new and existing design features. Additionally, the expected noise generated by the use would be within the maximum levels established by Table 6.3. Specifically, Table 3 and Table 4 of the analysis documents Interior and Exterior Noise Levels for the proposed use. Policy 7.1.Noise standards. Adopt, maintain, and enforce planning guidelines that establish the acceptable noise standards identified in Table 6.3. Policy 7.2.Noise compatibility. Utilize the Land Use/Noise Compatibility Matrix shown in Table 6.4 as a guide for future planning and development decisions. Based on the General Plan Existing Noise Contours map (Figure 6.9) the project site falls within 60-70 CNEL levels. Table 6.4 of the General Plan provides review procedures for specific uses, based on the expected CNEL of the use. The matrix uses an A-D rating scale, with “A” rated uses not requiring special insultation to protect sensitive receptors, and “D” rated generally being incompatible. Hospital, church, library, and school classrooms with CNELs between 65 dB and 70 dB are given a C. The Zone C interpretation provides “New construction or development should normally be discouraged. If new construction or development does proceed, a detailed analysis or noise reduction requirements must be made and needed noise insulation features must be included in the design.” The Acoustical Analysis the applicant prepared, includes design features to minimize noise impacts to sensitive receptors, including installing glazed windows. Policy 7.3.Noise analysis and mitigation. Require all proposed development projects and modifications to existing developments to be compatible with the existing and future noise levels by using the Land Use/Noise Compatibility matrix shown in Table 6.4, or equivalent city policy or code. Where proposed projects are not located in an area that is “clearly compatible”, the City will require that an acoustical study be prepared as a condition of building permit approval demonstrating compliance with the noise standards shown in Table 6.3. The applicant prepared an Acoustical Study, consistent with Policy 7.3. Further, the analysis shows the project is within the allowable CNELs for the specific use, and includes, where necessary, design features to further minimize noise impacts to sensitive receptors. City of Hermosa Beach Printed on 5/21/2024Page 10 of 13 powered by Legistar™238 Staff Report REPORT 24-0200 General Plan ConsistencyLand Use Element FindingsGoal 7.Adequate space and appropriateintegration of community and schoolfacilities that support physical activity, civiclife and social connections for residents ofall ages and interests.The project proposes a service whichsupports the community needs of the City.Further, the property has a CommunityCommercial (CC) land use designation,which accommodates locally oriented uses.The project proposes a desirable use, withdesign features that limit impacts toadjacent properties.Policy 7.7. Private recreational, cultural,and health care facilities. Encouragecompatible development of privaterecreation, cultural, education, institutionaland health care uses along corridors and indistricts.Goal 13.Land use patterns that improvethe health of residents.The project offers a new use, which may beutilized by local families. The limited accessto childcare within the City support theproposed project. Further, the use wouldprovide an essential need that is highdemand in the City.Policy 13.2 Social and health needs.Support the continuation of existing andnew uses that enhance the social andhealth needs of residents.Public Safety Element FindingsGoal 7.Noise compatibility is considered inthe land use planning and design process.Table 6.3 outlines maximum CommunityNoise Equivalent Levels (CNELs). ForSchools, the maximum interior CNEL is 45dB, and the maximum exterior CNEL is 65dB. Further, for Playgrounds, NeighborhoodParks land uses, the maximum exteriorCNEL is 70 dB. The project proposes apreschool and daycare, with an exteriorplayground area. The applicant prepared anAcoustical Analysis which shows the interiornoise levels would be sufficiently reducedwith the incorporation of new and existingdesign features. Additionally, the expectednoise generated by the use would be withinthe maximum levels established by Table6.3. Specifically, Table 3 and Table 4 of theanalysis documents Interior and Exterior Noise Levels for the proposed use. Policy 7.1.Noise standards. Adopt, maintain, and enforce planning guidelines that establish the acceptable noise standards identified in Table 6.3. Policy 7.2.Noise compatibility. Utilize the Land Use/Noise Compatibility Matrix shown in Table 6.4 as a guide for future planning and development decisions. Based on the General Plan Existing Noise Contours map (Figure 6.9) the project site falls within 60-70 CNEL levels. Table 6.4 of the General Plan provides review procedures for specific uses, based on the expected CNEL of the use. The matrix uses an A-D rating scale, with “A” rated uses not requiring special insultation to protect sensitive receptors, and “D” rated generally being incompatible. Hospital, church, library, and school classrooms with CNELs between 65 dB and 70 dB are given a C. The Zone C interpretation provides “New construction or development should normally be discouraged. If new construction or development does proceed, a detailed analysis or noise reduction requirements must be made and needed noise insulation features must be included in the design.” The Acoustical Analysis the applicant prepared, includes design features to minimize noise impacts to sensitive receptors, including installing glazed windows. Policy 7.3.Noise analysis and mitigation. Require all proposed development projects and modifications to existing developments to be compatible with the existing and future noise levels by using the Land Use/Noise Compatibility matrix shown in Table 6.4, or equivalent city policy or code. Where proposed projects are not located in an area that is “clearly compatible”, the City will require that an acoustical study be prepared as a condition of building permit approval demonstrating compliance with the noise standards shown in Table 6.3. The applicant prepared an Acoustical Study, consistent with Policy 7.3. Further, the analysis shows the project is within the allowable CNELs for the specific use, and includes, where necessary, design features to further minimize noise impacts to sensitive receptors. Environmental Determination: Pursuant to Section 15300.2(e)of the California Environmental Quality Act (CEQA),a categorical City of Hermosa Beach Printed on 5/21/2024Page 11 of 13 powered by Legistar™239 Staff Report REPORT 24-0200 Pursuant to Section 15300.2(e)of the California Environmental Quality Act (CEQA),a categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code and identified as a Hazardous Waste Site. Staff reviewed lists compiled by the California Environmental Protections Agency (known as the Cortese List),and confirmed the subject property is not listed.Further,the applicant provided Phase 1 and 2 Environmental Site Assessments,as well as subsequent Remedial Excavation and Confirmation Sampling Results.The Summary of Remedial Excavation and Confirmation Sampling ( Attachment 6)dated November 30,2020,concluded no further investigation or mitigation was warranted at the time. Pursuant to the California Environmental Quality Act (CEQA),the proposed project qualifies for a Class 3 categorical exemption,New Construction or Conversion of Small Structures,as defined in section 15303 of the CEQA Guidelines,as it consists of the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. Moreover,none of the exceptions to the categorical exemption(s)apply,nor would the project result in a significant cumulative impact of successive projects of the same type in the same place over time or have a significant effect on the environmental due to unusual circumstances or damage a scenic highway or scenic resources within a state scenic highway. Public Notification: For the May 21st Planning Commission hearing,a total of 544 public hearing notices were mailed to occupants and property owners of properties within a 500-foot radius on May 9,2024.A legal ad was published on May 9,2024 in the Easy Reader,a newspaper of general circulation.Additionally,the applicant received two notice posters to post on-site and provided proof of posting a minimum of ten days in advance of the public hearing,in accordance with HBMC Section 17.68.050.Public notification materials are included as Attachment 7.As of the writing of the report,staff has received two public comments (Attachment 8). Attachments: 1.Draft Resolution #24-08 2.Project Plans 3.Project Narrative and Addendum 4.Exterior Noise and Exterior Façade Acoustical Analysis 5.Traffic Operations and Parking Study 6.SUPPLEMENTAL - Summary of Remedial Excavation and Confirmation Sampling 7.Zoning Map 8.Public Notification Package 9.Public Comments 10.SUPPLEMENTAL - Dimitri Amiridis Letter 2/15/24 11.SUPPLEMENTAL - Maddie O'Connor eComment 5/16/24 City of Hermosa Beach Printed on 5/21/2024Page 12 of 13 powered by Legistar™240 Staff Report REPORT 24-0200 12.SUPPLEMENTAL - Rachel Hayes eComment 5/16/24 13.SUPPLEMENTAL - Anna Simonenko eComment 5/16/24 14.SUPPLEMENTAL - Amanda Hromadka eComment 5/16/24 15.SUPPLEMENTAL - Vincent Busam eComment 5/16/24 16.SUPPLEMENTAL - Maddie O'Connor second eComment 5/16/24 17.SUPPLEMENTAL - Link One from Maddie O'Connor eComment 5/16/24 18.SUPPLEMENTAL - Link Two from Maddie O'Connor eComment 5/16/24 19.SUPPLEMENTAL - Link Three from Maddie O'Connor eComment 5/16/24 20.SUPPLEMENTAL - Teri Jones eComment 5/17/24 21.SUPPLEMENTAL - Elizabeth Harsch eComment 5/18/24 22.SUPPLEMENTAL - Cynthia Furnberg Letter 5/19/24 23.SUPPLEMENTAL - Amir Mikhail Letter 5/20/24 24.SUPPLEMENTAL - Josh Krasnegor Letter 5/20/24 25.SUPPLEMENTAL - Link from Josh Krasnegor Letter 5/20/24 26.SUPPLEMENTAL - Josh Krasnegor eComment 5/20/24 27.SUPPLEMENTAL - Link One from Josh Krasnegor eComment 5/20/24 28.SUPPLEMENTAL - Link Two from Josh Krasnegor eComment 5/20/24 29.SUPPLEMENTAL - Link Three from Josh Krasnegor eComment 5/20/24 30.SUPPLEMENTAL - Suzanne Zimmerman Letter 5/20/24 31.SUPPLEMENTAL - Carolyn Petty eComment 5/20/24 32.SUPPLEMENTAL - Dan Seaman eComment 5/21/24 33.SUPPLEMENTAL - Mike Glasman Letter 5/20/24 34.SUPPLEMENTAL - Katie Saeman Email 5/20/24 35.SUPPLEMENTAL - Cynthia Furnberg Email 5/20/24 36.SUPPLEMENTAL - Craig Rogers Email 5/20/24 37.SUPPLEMENTAL - Josh Krasnegor Email 5/21/24 38.SUPPLEMENTAL - Peter and Tracy Broussinos Email 5/20/24 39.LATE SUPPLEMENTAL - Max Siskin Email 5/21/24 (received at 6:11 pm) Respectfully Submitted by: Johnathon Masi, Assistant Planner Concur: Alexis Oropeza, Planning Manager Legal Review: Patrick Donegan, City Attorney Approved: Carrie Tai, AICP, Community Development Director City of Hermosa Beach Printed on 5/21/2024Page 13 of 13 powered by Legistar™241 Page 1 of 14 RES NO. 24-08 CITY OF HERMOSA BEACH RESOLUTION NO. 24-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT (CUP 23-13) TO ALLOW A 7,214-SQUARE-FOOT PRESCHOOL AND DAYCARE WITH AN OUTDOOR PLAY AREA AT 210 PACIFIC COAST HIGHWAY IN THE SPECIFIC PLAN AREA (SPA)-7 ZONE, AND DETERMINATION THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. WHEREAS, an application was filed on October 12, 2023, by the applicant, Amir Mikhail, requesting Planning Commission approval of a Conditional Use Permit (23-13) to allow a 7,214 square-foot preschool and daycare with an outdoor play area; and WHEREAS, the Planning Commission, at its public meeting of May 21, 2024, considered all testimony and evidence, both oral and written, that was presented to the Planning Commission; and WHEREAS, the project is categorically exempt from the California Environmental Quality Act defined in CEQA Section 15303 Class 3 New Construction or Conversion of Small Structures, as the project consists of conversion of an existing structure from one use to another, with minimal exterior modifications. Moreover, none of the exceptions to the categorical exemption(s) apply, nor would the project result in a significant cumulative impact of successive projects of the same type in the same place over time or have a significant effect on the environmental due to unusual circumstances or damage a scenic highway or scenic resources within a state scenic highway. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Based on the foregoing factual findings, the Planning Commission determined, pursuant to Hermosa Beach Municipal Code (HBMC) Section 17.40.020 (General Criteria for All Uses), that the property is consistent with the required findings of the Municipal Code: 242 Page 2 of 14 RES NO. 24-08 1. Distance from existing residential uses; The subject property borders residential zones along its north and east property lines. The site is developed with an existing structure that has no setback from the north property line, and a ten-foot wall that separates the proposed playground and residential properties to the east. As indicated in the Exterior Noise and Exterior Façade Acoustical Analysis, the existing site configuration and recommended exterior design features will adequately prevent excessive effects on adjacent properties. Specifically, the existing property wall between the playground and adjacent properties, will provide adequate shielding for adjacent residences from the proposed use, as well as proper shielding for the playground from adjacent streets. 2. The amount of existing or proposed off-street parking facilities, and its distance from the proposed use; Consistent with HBMC Section 17.40.110 concerning specific requirements for day nurseries or preschool, childcare uses with 13 or more children must provide a minimum of one parking space for every 7 children. The applicant proposes a maximum attendance of 77 students, requiring a minimum of eleven spaces on site. Project plans reflect a total of eleven spaces, with three compact spaces, one ADA accessible space, and three pick-up/drop-off spaces. The applicant prepared a Traffic Operations and Parking Study Evaluation. The study found that with three pickup/drop-off spaces, the site would have adequate loading capacity roughly 91 percent of the time. 3. Location of and distance to churches, schools, hospitals and public playgrounds; The subject site is approximately 0.4 miles from Our Lady of Guadalupe Church, 450 feet from the Ocean View Parkette, and 3.1 miles from Providence Little Company of Mary Medical Center in Torrance. The project proposes a change in use, which will not pose significant impacts to the above-mentioned sensitive facilities. The General plan recognizes the need for childcare facilities to serve residents as the family population increases. 4. The combination of uses proposed; 243 Page 3 of 14 RES NO. 24-08 The project proposes a change in use from auto repair and sales to daycare with outdoor playground space. The project is consistent with the intent of the Community Commercial (CC) land use designation, as it offers a use that looks to primarily serve Hermosa Beach residents. Further, the applicant provided an Acoustical Analysis and Traffic Operations and Parking Study to demonstrate the use would not pose significant impacts to adjacent properties. 5. Precautions taken by the owner or operator of the proposed establishment to assure the compatibility of the use with surrounding uses; The project proposes to retain the existing nonconforming property line wall, separating the subject property and adjacent residential properties to the east. Further, the Acoustical Analysis, and Traffic Operations and Parking Study include recommended design components and operating conditions to ensure compatibility with adjacent properties. The recommendations of both studies are included in the conditions of approval of the attached draft resolution. Specifically, the applicant is providing window glazing to the specification details by the Acoustical Analysis, relocating pick-up/drop-off space to the south parking lot only as recommended by the Traffic Operations and Parking Study, and extending hours of operation to accommodate a more spread-out pick- up/drop-off time, consistent with the hours analyzed in the Traffic Operations and Parking Study. 6. The relationship of the proposed business-generated traffic volume and the size of streets serving the area; The applicant provided a Traffic Operations and Parking Study that evaluates the anticipated traffic generated by the use. Further, the study found parking is adequate for the use. However, the study recommended the assigned loading/unloading parking spaces be solely located in the south parking lot, to minimize impacts to Pacific Coast Highway. The study indicated the traffic generated by the use will not impact access for emergency services to the subject site, or adjacent properties. In addition, to minimize queueing onto Pacific Coast Highway, a condition of approval requiring the applicant paint a “KEEP CLEAR” notice on the right-of-way directly adjacent to the south parking lot driveway. Also, the applicant will be required to repaint the “DO NOT ENTER” painted in the right-of-way to the east of the subject property. 244 Page 4 of 14 RES NO. 24-08 7. The proposed exterior signs and decor, and the compatibility thereof with existing establishments in the area; Proposed signage is subject to HBMC Chapter 17.50. Proposed signage must be constructed in a manner consistent with the standards described by HBMC Chapter 17.50 or obtain a sign variance to deviate from particular design criteria. 8. The number of similar establishments or uses within close proximity to the proposed establishment; Our Lady of Guadalupe has an existing CUP for a preschool, granted in 2011. The subject site is approximately 0.4 miles from Our Lady of Guadalupe. Our Lady of Guadalupe utilizes the preschool in combination with other uses, including a religious institution, and is located in R-1, Single-family residential zone. 9. Noise, odor, dust and/or vibration that may be generated by the proposed use; The submitted Acoustical Analysis provides a detailed review of the proposed use and its expected impact to adjacent properties. Specifically, the analysis discusses the interior and exterior noise generated by the use, separated into Zones A-D and the playground. The Acoustical Analysis found the existing nonconforming property wall provided acoustical shielding that minimized excessive noise measured on adjacent properties. Also, the analysis indicated, with proper window glazing, expected interior noise levels will be consistent with what City standards require. Finally, the analysis assumed no more than 30 children would use the playground at any one time. A condition to explicitly limit the number of children using the playground at any one time, to ensure the conclusions of the analysis are based on actual practices on site, is included in the draft resolution. 10. Impact of the proposed use to the city’s infrastructure, and/or services; The applicant provided a Traffic Operations and Parking Study evaluating anticipated traffic generated by the use. Further, the study found parking is adequate for the use. The study recommended the assigned loading/unloading parking spaces be solely located in the south parking lot, to minimize impacts to Pacific Coast Highway. The study indicated the 245 Page 5 of 14 RES NO. 24-08 traffic generated by the use will not impact access for emergency services to the subject site, or adjacent properties. 11. Will the establishment contribute to a concentration of similar outlets in the area; The project would not contribute to a concentration of similar use, because the City has a limited number of daycare businesses in the area. Further, the project will provide a service which is unique for the SPA-7 zone. 12. Other considerations that, in the judgment of the planning commission, are necessary to assure compatibility with the surrounding uses, and the city as a whole. The project proposes landscaping along Pacific Coast Highway. Staff proposes a condition of approval requiring the applicant to comply with Sections 17.22.060(H), 8.60.060, and 8.60.070 to the satisfaction of the Community Development Director and Public Works Director. Specifically, an automatic landscape sprinkler system consistent with Section 17.22.060(H) shall be provided and shall be shown on plans Additionally, consistent with HBMC Section 8.12.220, staff proposes a condition requiring the site to maintain trash facilities appropriate for the site. Athens requires the following specifications: three bins in a trash enclosure: (1) 3 cubic yard trash bin, (1) 1.5 cubic yard recycling bin, and (1) organics cart. Total size of enclosure to accommodate all three bins must be a minimum 120” X 84” minimum. SECTION 2. Based on the evidence received at the public meeting, the Planning Commission hereby further finds, determines, and declares that the project is consistent with the City’s General Plan (PLAN Hermosa). Specifically, the Conditional Use Permit is consistent with Goals 7 and 13 of the Land Use Element, and Goal 7 of the Public Safety Element. Goal 7. Adequate space and appropriate integration of community and school facilities that support physical activity, civic life and social connections for residents of all ages and interests. Policy: 246 Page 6 of 14 RES NO. 24-08 · 7.7. Private recreational, cultural, and health care facilities. Encourage compatible development of private recreation, cultural, education, institutional and health care uses along corridors and in districts. Conformity: The project proposes a service which supports the community needs of the City. Further, the property has a Community Commercial (CC) land use designation, which accommodates locally oriented uses. The project proposes a desirable use, with design features that limit impacts to adjacent properties. Goal 13. Land use patterns that improve the health of residents. Policy: · 13.2 Social and health needs. Support the continuation of existing and new uses that enhance the social and health needs of residents. Conformity: The project offers a new use, which may be utilized by local families. The limited access to childcare within the City, support the proposed project. Further, the use would provide an essential need that is high demand in the City. Goal 7. Noise compatibility is considered in the land use planning and design process. Policies: 7.1. Noise standards. Adopt, maintain, and enforce planning guidelines that establish the acceptable noise standards identified in Table 6.3. Conformity: Table 6.3 outlines maximum Community Noise Equivalent Levels (CNELs). For Schools, Libraries, Churches, Hospitals, Nursing Homes or similar uses, the maximum interior CNEL is 45 dB, and the maximum exterior CNEL is 65 dB. Further, for Playgrounds, Neighborhood Parks land uses, the maximum exterior CNEL is 70 dB. The project proposes a preschool and daycare, with an exterior playground area. The applicant prepared an Acoustical Analysis which shows the expected noise generated by the combination of uses proposed would be within the maximum levels established by Table 6.3. Specifically, Table 3 and Table 4 concerning Interior and Exterior 247 Page 7 of 14 RES NO. 24-08 Noise Levels show the proposed use is within the prescribed noise levels allowed for the proposed use. 7.2. Noise compatibility. Utilize the Land Use/Noise Compatibility Matrix shown in Table 6.4 as a guide for future planning and development decisions. Conformity: Table 6.4 provides review procedures for specific uses, based on the expected CNEL of the use. The matrix uses an A-D rating scale, with A rated uses not requiring special insultation to protect sensitive receptors, and D generally being denied. Hospital, church, library, and school classrooms with CNELs between 65 dB and 70dB are given a C. The Zone C interpretation provides “New construction or development should normally be discouraged. If new construction or development does proceed, a detailed analysis or noise reduction requirements must be made and needed noise insulation features must be included in the design.” The Acoustical Analysis the applicant prepared, includes design features to minimize noise impacts to sensitive receptors, including installing glazed windows. 7.3. Noise analysis and mitigation. Require all proposed development projects and modifications to existing developments to be compatible with the existing and future noise levels by using the Land Use/Noise Compatibility matrix shown in Table 6.4, or equivalent city policy or code. Where proposed projects are not located in an area that is “clearly compatible”, the City will require that an acoustical study be prepared as a condition of building permit approval demonstrating compliance with the noise standards shown in Table 6.3. Conformity: The applicant prepared an Acoustical Study, consistent with Policy 7.3. Further, the analysis shows the project is within the allowable CNELs for the specific use, and includes, where necessary, design features to further minimize noise impacts to sensitive receptors. 248 Page 8 of 14 RES NO. 24-08 Section 3. Based on the foregoing, the Planning Commission hereby approves the subject Conditional Use Permit (23-10), subject to the following Conditions of Approval: 1. This approval is for a Conditional Use Permit to allow the operation of a daycare within an outdoor play area in an existing commercial building at 210 Pacific Coast Highway. 2. The facility shall be restricted to a maximum of enrollment of 77 children on-site at any one time. 3. The development and continued use of the property shall be in conformance with submitted plans received and reviewed by the Planning Commission at its meeting of May 21, 2024, as modified in subsection (a) below. The Community Development Director may approve minor modifications that do not otherwise conflict with the HBMC or requirements of this approval. a. The parking layout shall be revised to be consistent with the intent of Planning Commission approval, demonstrated below. Revised plans showing the below approved parking layout shall be submitted within 7 business days of the date of approval, and reviewed by the Community Development Director for consistency with Planning Commission approval. 249 Page 9 of 14 RES NO. 24-08 250 Page 10 of 14 RES NO. 24-08 4. To reduce the bunching of trips during pick up and drop off the applicant or operator shall institute the following operating conditions a. The business shall be open and available to receive children from 7 a.m. – 6 p.m.; b. At least one employee shall be in the drop-off/pick-up areas during scheduled times to ensure student safety and minimize drop-off /pick-up times. c. If substantiated complaints of excessive traffic generated by the use are received, the City Engineer may request a hearing before the Planning Commission, to prescribe further operating conditions. 5. The applicant shall notify parents as part of the registration process that pick-up and drop-off shall not occur on Pacific Coast Highway 6. Directly adjacent to the driveway accessible on 2nd Street, the property owner shall paint, to the satisfaction of the City Engineer and consistent with the Manual on Uniform Traffic Control Devices (MUTCD), “KEEP CLEAR”, to the satisfaction of the Public Works Director. 7. The property owner shall re-stripe the existing pavement legend adjacent to the bollard on 2nd Street, “DO NOT ENTER”, to the satisfaction of the Public Works Director. 8. Onsite parking shall be provided and maintained in accordance with HBMC 17.44 and 17.40.110. a. All pick-up/drop-off parking shall be located in the parking lot accessible from 2nd Street. The compact parking space in the parking lot accessible from 2nd Street shall be available for staff use only. 9. The business and staff onsite, shall obtain all required state licensing including, but not limited to, those required by the California Department of Social Service. a. The business shall provide all use components required by state law. Where state and CUP conditions conflict with one another, the stricter condition shall be enforced. 251 Page 11 of 14 RES NO. 24-08 10. The applicant shall provide window glazing consistent with specifications detailed in Table 4 and Appendix I of the submitted Acoustical Analysis dated April 8, 2024. 11. No more than 30 children shall use the outdoor playground area at any one time. 12. The legal nonconforming wall located on the east and south property lines must be maintained for the purpose of acoustical shielding. If the wall requires substantial repair or replacement, the applicant must obtain a CUP, pursuant to HBMC Section 17.46.130(f). 13. The property shall provide and maintain trash facilities adequate to service the site: a. Three bins in a trash enclosure: (1) 3 cubic yard trash bin, (1) 1.5 cubic yard recycling bin, and (1) organics cart. b. Total size of enclosure to accommodate all three bins must be a minimum 120” X 84” minimum. 14. Final construction plans, including site, elevation, and floor plans, shall be reviewed and approved by the Planning Division for consistency with Planning Commission approved plans and this Resolution prior to the submittal to the Building Division for Plan Check. 15. Prior to the submittal of structural plans to the Building Division for Plan Check an ‘Acceptance of Conditions’ affidavit and recording fees shall be filed with the Community Development Department stating that the applicant/property owner is aware of, and agrees to accept, all of the conditions of this grant of approval. 16. Landscaping shall comply with HBMC Sections 17.22.060(H), 8.60.060, and 8.60.070 to the satisfaction of the Community Development Director and Public Works Director. 17. Prior to the issuance of a certificate of occupancy, the applicant shall refresh the perimeter landscaping and an automatic landscape sprinkler system consistent with Section 17.22.060(H) shall be provided and shall be shown on plans. 252 Page 12 of 14 RES NO. 24-08 18. Approval of this permit shall expire twenty-four (24) months from the date of approval by the Planning Commission, unless significant construction or improvements or the use authorized hereby has commenced. One or more extensions of time may be requested. No extension shall be considered unless requested, in writing to the Community Development Director including the reason therefore, at least 60 days prior to the expiration date. No additional notice of expiration would be provided. 19. The Planning Commission may review this Conditional Use Permit and may amend the subject conditions or impose any new conditions if deemed necessary to mitigate detrimental effects on the neighborhood resulting from the subject use. 20. The subject property shall be developed, maintained, and operated in full compliance with the conditions of this permit and any law, statute, ordinance or other regulation applicable to any development or activity on the subject property. Failure of the permittee to cease any development or activity not in full compliance shall be a violation of these conditions. 21. To the extent permitted by law, Permittee shall defend, indemnify and hold harmless the City of Hermosa Beach, its City Council, its officers, employees and agents (the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void any permit or approval for this project authorized by the City, including (without limitation) reimbursing the City its actual attorney’s fees and costs in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. The permittee shall reimburse the City for any court and attorney's fees which the City may be required to pay as a result of any claim or action brought against the City because of this permit. Although the permittee is the real party in interest in an action, the City may, at its sole discretion, participate at its own expense in the defense of the action, but such participation shall not relieve the permittee of any obligation under this condition. PASSED, APPROVED and ADOPTED on the 21st of May, 2024. 253 Page 13 of 14 RES NO. 24-08 VOTE: AYES: NOES: ABSTAIN: ABSENT: 254 Page 14 of 14 RES NO. 24-08 CERTIFICATION I hereby certify the foregoing Resolution P.C. 24-08 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California, at its regular meeting of May 21, 2024. ____________________ ___________________ Peter Hoffman, Chair Carrie Tai, Secretary ____________________ Date 255 (Ill 256 257 258 259 260 Hi --T 261 262 263 264 265 Conditional Use Permit & Parking Plan Maple Tree Academy Hermosa Beach Proposed Preschool/Daycare Use Location: 200-210 Pacific Coast Hwy Hermosa Beach, CA 90254 Request: To allow preschool/daycare use in existing car/body repair building. Project scope to include interior and exterior upgrades, relocation of floor area. Proposed 14 parking spaces (11 parking spaces + 12 bike parking spaces) Existing: Existing commercial building (body repair & painting, and auto sales) Site zone SPA-7 (C-3) Lot size: approximately 16,200 sf Building area: 7,214 sf Proposed: Preschool/Daycare use (Maple tree Academy) Proposed building area: 7,214 sf Parking: 14 spaces (included 12 bike parking spaces) 266 CUP/Parking Plan Analysis and Findings Background: The current site is approved for body repair, painting, and auto sales per CUP 91-33. The existing building is approximately 7,214 sf located at the corner of 2nd st and PCH. The current zoning is SPA-7 (C-3) requires the approval of conditional use permit for preschool/daycare use. Lot size is approximately 16,200 sf, maximum of 10,000 sq. ft gross floor area FAR is allowed. The existing/proposed FAR are under 10,000 sf. Lot has two different access points; 2nd st and PCH – this includes vehicular and pedestrian access from both 2nd st and PCH. The proposed use will utilize both access points for vehicles and pedestrians, as well as available street parking . Analysis: A Conditional Use Permit intends to insure that “compatibility shall be maintained with respect to the particular use on the particular site and in consideration of other existing and potential uses within the general area in which such use is proposed to be located. The preschool/daycare use meets the CUP goals as it serves the residential neighborhood adjacent to the site and is a better suited alternative to the existing body repair use. The proposed use will accept children ages from 3 months to 6 years and provide much needed service to the community. Distance from existing residential use: The site is located on the corner of PCH and 2nd st; uses to the north, south, and west are commercial. The east side is adjacent to R-1 zone which the preschool/daycare is planning to serve. Based on the information provided by the applicant, the proposed preschool operates from 7:30 am to 5:30 pm, Monday through Friday. The drop-off scheduled is between 7:30 – 9:00 am, and pick-up hours are between 4:00 pm – 5:30 pm. Parking areas will be located off PCH and 2nd st away from the R-1 zone. The area adjacent to the R-1 zone has approximately existing 12 ft high block walls that will remain in place to provide privacy and noise reduction. It is anticipated that the preschool play area will not generate significant noise impacts as playground use is proposed to be limited to 10:00 am – 4:00 pm on weekdays (children will not be out this whole time). The proposed play area hours are well within regular business hours to avoid early/late noise to the neighbors. 267 Parking and traffic: Impact related to traffic is not expected to have affect the area as the site has two different parking lots; one off 2nd street and another off PCH. This distribution of parking lots will significantly reduce traffic impact and will provide smooth circulation. The project provides 11 parking spaces, and 12 bike parking spaces (total 14 spaces). Bike parking will be utilized by local employees, in addition to local transportation means. Proposed 11 parking spaces will be used mostly for parents pick-up and drop- off. There is building access from each parking lot to facilitate drop-off and pick-up. Parents will utilize the available street parking for the brief pick-ups and drop-offs; there are three street parking spaces on 2nd st, in addition to other spaces available on 3rd st that can be used for parents. Parking requirements for preschool is 1 space/7 students. The applicant is anticipating an enrollment of 70 students, increasing up to 98 students within one year of operation. Staff will be onsite 30 minutes prior to drop-off period and will facilitate drop-off and assure safety of the students and parents. The relationship of proposed business-generated traffic volume and size of street serving the area: The applicant is anticipating an enrollment of 70 students, increasing up to 98 students with one year of operation. Drop-off is expected between 7:30 am and 9:00 am, and pick-up is expected between 4:00 and 5:30 pm. The site is served with two separate parking lots connected to the building to assure proper vehicular distribution/circulation and avoid traffic congestion. The proximity to R-1 zone will encourage many parent to walk to the school through 2nd street for drop-off and pick – this is expected to greatly reduce the amount of cars and traffic impact. In addition, parents are encouraged to use available street parking that is immediately adjacent to the site on 2nd and 3rd st. The combination of parking options and proximity to R-1 zone will together greatly reduce any traffic impact. Noise, odor, dust, and/or vibration that may be generated by the proposed use: Odor, dust, and vibrations are not associated with the proposed use. Significant noise impact will not occur as addressed previously with the existing high walls, location of parking areas, and hours of operations. 268 HBMC Standards for operation of preschool with more than 13 children: 1. A minimum of one (1) parking space for every seven (7) children. This issue is addressed under parking and traffic section above. The new preschool is expected to have a maximum of 98 students and adequate parking/parking plan is provided. 2. In residential zones, only property adjacent to commercially zoned property or property developed with a church or school facility shall be considered for a day nursery, preschool, or childcare facility with thirteen (13) or more children. Not applicable, site is in SPA-7 (C-3) zone. 3. Adequate space for loading and unloading children shall be available or shall be provided on the site. This issue is addressed under parking and traffic section above. The new preschool/daycare is expected to have a maximum of 98 students and adequate parking/parking plan is provided. 4. Residential use of a day nursery, preschool, or childcare facility with thirteen (13) or more children shall be prohibited. The proposed preschool use does not include a residential use component. 5. All day care centers shall comply with state statutes and shall be licensed by the state. (Prior code Appx. A, § 10-9) Applicant will obtain and provide a copy of a state license. 269 Updated Narrative RE: Conditional Use Permit (CUP23-10) to operate a preschool at 210 Pacific Coast Hwy. The updated hours of operations are from 7 am to 6 pm as indicated in the tra4ic study. Sta4 member to facilitate drop-o4s and pick-ups at the time of scheduled arrivals as indicated in the tra4ic study. 270 Veneklasen Associates Consultants in Acoustics | Noise | Vibration | AV | IT 1711 Sixteenth Street • Santa Monica California 90404 • tel: 310.450.1733 • fax: 310.396.3424 • www.veneklasen.com April 8, 2024 South Bay Equities LLC 1721 Stewart Street Santa Monica, California 90404 Attention: Frank Bardi Subject: 210 PCH Preschool Hermosa Beach Exterior Noise and Exterior Façade Acoustical Analysis Veneklasen Project No. 8519-001 Dear Frank: Veneklasen Associates, Inc. (Veneklasen) has completed our review of the 210 PCH Preschool project located in Hermosa Beach, California. This report predicts the exterior noise levels at the site using computer modeling. Using this information, interior noise levels were calculated based on the exterior noise exposure and the construction types proposed. From this, the exterior façade design was determined. Operational noise from future playground activities at adjacent residences was also calculated. This report represents the results of our findings. 1.0 INTRODUCTION This study was conducted to determine the impact of the exterior noise sources on the 210 PCH Preschool project located in Hermosa Beach, California. Veneklasen’s scope of work included calculating the exterior noise levels impacting the site and determining the method, if any, required to reduce the interior and exterior sound levels to meet the applicable code requirements of the State of California and the City of Hermosa Beach. The project consists of the conversion of 5,500 sf from retail to daycare in a 1-story type V-B Building. The project will include rooms, kitchen, outdoor playgrounds, and public parking. The project is bounded by existing residential and commercial uses to the north, residential uses to the west, 2nd Street to the south and the Pacific Coast Hwy (PCH) to the west. Veneklasen understands that the client will keep the existing 8 – 16 feet perimeter wall which will provide acoustical shielding to/from the outdoor playgrounds. 2.0 NOISE CRITERIA CNEL (Community Noise Equivalent Level) is the 24-hour equivalent (average) sound pressure level in which the evening (7pm – 10pm) and nighttime (10 pm – 7 am) noise is weighted by adding 5 and 10 dB, respectively, to the hourly level. Since this is a 24-hour metric, short-duration noise events (truck pass-by’s, buses, trains, etc.) are not as prominent in the analysis. Leq (equivalent continuous sound level) is defined as the steady sound pressure level which, over a given period of time, has the same total energy as the actual fluctuating noise. 2.1 Interior Noise Levels - Residential The State of California Building Code (Section 1206, “Sound Transmission”) and the City of Hermosa Beach General Plan Noise Element (Table 6.3) states that interior CNEL values for school uses do not exceed 45 dBA in any room. If the windows must be closed to meet an interior CNEL of 45 dBA, then a mechanical ventilating system or other means of natural ventilation may be required. 271 Veneklasen Associates 210 PCH Preschool; Hermosa Beach Exterior Noise and Exterior Façade Acoustical Analysis Veneklasen Project No. 8519-001 April 8, 2024–Page 2 www.veneklasen.com 2.2 Exterior Noise Levels – Schools The City of Hermosa Beach General Plan Noise Element (Table 6.3) states an acceptable CNEL exterior noise standard of 65 dBA CNEL which also applies to school playgrounds. 2.3 Exterior Operational Noise Levels – Playgrounds The City of Hermosa Beach General Municipal Code, Title 8 Health and Safety, Chapter 8.24 Noise Control, states that “the following activities shall be exempt from the provisions of this chapter… Activities conducted on public playgrounds, fully licensed and approved child day care facilities within residential areas as permitted by law, and public or private school grounds, including but not limited to school athletic and school entertainment events”. In summary, the noise level coming from playgrounds to adjacent residential units is exempted from the Municipal Code. 3.0 EXTERIOR NOISE ENVIRONMENT 3.1 Noise Calculations – Computer Modeling Veneklasen has utilized the Traffic Noise Model computer software program developed by the FHWA (Federal Highway Administration TNM 2.5) in order to predict vehicular noise levels at project location. Traffic on Pacific Coast Hwy is the primary source of noise affecting the site. Veneklasen also reviewed aircraft noise sources, and these are insignificant at this site. Veneklasen has calculated noise and traffic levels for 10 years in the future. Traffic counts for local streets were obtained from the Caltrans official web page. The most and closest recent annual average daily traffic (AADT) at the project site was found for Pacific Coast Why (year 2021) which is shown below in Table 1. Table 1 – Historic AADT Data at Project Site, Pacific Coast Why Location Year AADT (North + Southbound) Average Increment per Year (2021 to 2034) AADT in 2034 (1% increment per year) Pacific Coast Hwy and Aviation Blvd 2021 104500 1% 118931 2022 105545 2023 106600 2024 107666 2025 108743 2026 109831 2027 110929 2028 112038 2029 113159 2030 114290 2031 115433 2032 116587 2033 117753 2034 118931 Table 2 show the CNEL and daytime noise levels calculated at different locations: 272 Veneklasen Associates 210 PCH Preschool; Hermosa Beach Exterior Noise and Exterior Façade Acoustical Analysis Veneklasen Project No. 8519-001 April 8, 2024–Page 3 www.veneklasen.com Table 2 – Calculated Sound Levels (per AADT 2034) Location CNEL, dBA Leq Day (7am to 10pm), dBA West Boundary (façades facing Pacific Coast Hwy, 20’ from the closest street lane) 75 72 East Boundary (project site facing adjacent residents) 68 66 Figure 1 – Aerial View of Project Site 3.2 Sound Barrier at Property Limit Veneklasen understands that the client will keep the existing 8 – 10 feet perimeter wall (south and west sides) which will provide acoustical shielding to outdoor playgrounds from the traffic noise coming from the Pacific Coast Hwy and 2nd Street (see Figure 1 above) and an existing 12 – 16 feet perimeter wall which will provide acoustical shielding from the playground to adjacent residents to the east. 3.3 Overall Exterior Exposure Based on the computer model, Veneklasen calculated the noise level at different locations across the project site. To simplify the presentation of the exterior noise levels, Veneklasen has separated the site into locations based on the sound exposure and required design features. The predicted sound levels at each zone, shown in Figure 2, are listed in Table 3 below. Table 3 – Exterior Noise Levels Location Exterior Noise Level, CNEL, dBA Zone A 75 Zone B 72 273 Veneklasen Associates 210 PCH Preschool; Hermosa Beach Exterior Noise and Exterior Façade Acoustical Analysis Veneklasen Project No. 8519-001 April 8, 2024–Page 4 www.veneklasen.com Zone C 68 – 70 Zone D (Façade Facing the Playground Area) < 65 Playground Area < 65 Figure 2 – Noise Zones 4.0 INTERIOR NOISE CALCULATION 4.1 Exterior Facade Construction The client indicated that the exterior wall consists of exterior finish, plywood sheathing, wood studs, batt insulation in the cavity, and one (1) layer of gypsum board. Veneklasen’s calculations included the roof path, but this was insignificant in the interior noise level calculated. Veneklasen utilized the glazing ratings (glass, frame and seals) shown in Appendix I. Appendix I shall be the acoustical specification for the exterior windows and doors. 4.2 Interior Average Noise Level (CNEL) – Residential Veneklasen calculated the interior level within the preschool building given the calculated noise environment and the exterior facade construction described above. Calculations were based on the plans dated September 30, 2023. Table 4 shows the predicted interior CNEL noise levels based on the windows and doors with STC ratings as described in Appendix I. Zone A Zone D Zone B Zone C Zone C ` Playground 274 Veneklasen Associates 210 PCH Preschool; Hermosa Beach Exterior Noise and Exterior Façade Acoustical Analysis Veneklasen Project No. 8519-001 April 8, 2024–Page 5 www.veneklasen.com Table 4 – Calculated Interior CNEL Noise Levels Location Exterior Noise Level, CNEL Window/ Door Rating Interior Noise Level, CNEL Zone A 75 STC 37 ≤ 45 Zone B 72 STC 33 < 45 Zone C 68 – 70 STC 30 < 45 Zone D < 65 4.3 Mechanical Ventilation - Residential Because the windows and doors must be kept closed to meet the noise requirements, mechanical or other means of ventilation may be considered for all rooms in Zone A, B, C and D. The ventilation system shall not compromise the sound insulation capability of the exterior facade assembly. 5.0 EXTERIOR NOISE CALCULATION 5.1 Exterior Average Noise Level (CNEL) at Playgrounds from Traffic Noise Based on drawings dated September 30, 2023, two (2) playground areas are planned to be located at the southeast side of the project site. Considering the shielding effect of the existing 10 feet tall perimeter wall (see Figure 1 above), the barrier is anticipated to attenuate the noise levels coming from the traffic by 11 dBA and the predicted exterior CNEL for this recreation area will be below CNEL 65 dBA. Therefore, no additional special design features are necessary to meet the city requirement. Table 5 – Calculated Exterior Noise Levels at the Playground due to Traffic Noise Location Exterior Noise Level at the Playground Area due to Exterior Ambient Noise (Traffic), dBA Attenuation due to Barrier, dBA Playground Area 57 11 The following parameters have been considered on this calculation: • Main noise source (Pacific Coast Hwy) to barrier distance: 90’ (approximately) • Source height (cars and trucks, average): 6’ • Observer (receptor) to barrier distance: 25’ • Observer (receptor) height: 5’ • Barrier height: 10’ The calculated attenuation per octave band (dB) is shown in Table 6 below. Table 6 – Calculated Barrier Attenuation Attenuation (dB) per Frequency Band 63 125 250 500 1000 2000 4000 8000 Global 5 6 6 8 9 12 14 17 11 5.2 Exterior Average Noise Level (Leq) from Playgrounds to Adjacent Residential Properties Anticipating 30 children playing with raised at the playground, and the shielding effect of the existing 12 – 16 feet tall perimeter wall, the calculated noise levels at the adjacent residencies to the east are shown in Table 7 below. 275 Veneklasen Associates 210 PCH Preschool; Hermosa Beach Exterior Noise and Exterior Façade Acoustical Analysis Veneklasen Project No. 8519-001 April 8, 2024–Page 6 www.veneklasen.com Table 7 – Calculated Exterior Noise Levels at Adjacent Properties due to Playground Activities Location Exterior Noise Level at Adjacent Property due to Playground Activities, dBA Attenuation due to Barrier, dBA Existing Background, dBA Increase Above Ambient, dBA Adjacent Residential Property 56 8 66 0 As shown above, the playground activities will not increase the existing ambient noise at the adjacent residential properties. The barrier is anticipated to attenuate the noise levels coming from the playground by 8 dBA. The following parameters have been considered on this barrier calculation: • Main noise source (playground) to barrier distance: 25’ (approximately) • Source height (kids playing): 4’ • Observer (receptor) to barrier distance: 8’ (approximately) • Observer (receptor) height: 18’ (approximately) • Barrier height: 16’ The calculated attenuation per octave band (dB) is shown in Table 8 below. Table 8 – Calculated Barrier Attenuation Attenuation (dB) per Frequency Band 63 125 250 500 1000 2000 4000 8000 Global 5 6 6 7 8 10 13 16 8 6.0 SUMMARY The following summarizes the acoustical items required to satisfy the noise criteria as described in this report. Interior Noise • Exterior wall assembly is acceptable as described in Section 4.1. • The roof assembly was included in our calculations and is not a significant path of sound and can remain as designed. • Windows and glass doors with minimum STC ratings as shown in Table 4 with STC ratings and Transmission Loss values specified in Appendix I are required. Appendix I shall be the acoustical specification for the exterior windows and doors. • Residential mechanical ventilation, or other means of natural ventilation, may be required for all units within Zone A, B, C and D. Exterior Noise • The predicted exterior CNEL at the playground areas is below CNEL 65 dBA. Therefore, no additional design feature is necessary to meet the city requirement. • The calculated noise from playground activities at adjacent residential properties will not increase the existing ambient noise. Various noise design features may be utilized to satisfy the noise criteria described in this report. Alteration of design features that deviate from requirements should be reviewed by the acoustical consultant. 276 Veneklasen Associates 210 PCH Preschool; Hermosa Beach Exterior Noise and Exterior Façade Acoustical Analysis Veneklasen Project No. 8519-001 April 8, 2024–Page 7 www.veneklasen.com If you have any questions or comments regarding this report, please do not hesitate to contact us. Sincerely, Veneklasen Associates, Inc. John LoVerde, FASA Principal Elias Montoya Associate 277 Veneklasen Associates 210 PCH Preschool; Hermosa Beach Exterior Noise and Exterior Façade Acoustical Analysis Veneklasen Project No. 8519-001 April 8, 2024–Page 8 www.veneklasen.com APPENDIX I – GLAZING REQUIREMENTS In order to meet the predicted interior noise levels described in Section 4.1, the glazing shall meet the following requirements: Table 9 – Acoustical Glazing Requirements: Minimum Octave Band Transmission Loss and STC Rating Nominal Thickness Minimum Transmission Loss Octave Band Center Frequency (Hz) Min. STC Rating 125 250 500 1000 2000 4000 1” dual 21 18 27 34 37 32 30 1” dual 22 21 30 36 37 36 33 1” dual 24 27 35 39 40 42 37 The transmission loss values in the table above can likely be met with the following glazing assemblies: 1. STC 30: 1/8” monolithic – 3/4” airspace – 1/8” monolithic 2. STC 33: 3/16” monolithic – 11/16” airspace – 1/8” monolithic 3. STC 37: 7/16" laminated – 3/8” airspace – 3/16” monolithic An assembly’s frame and seals may limit the performance of the overall system. Therefore, the window and door systems selected for the project shall not be selected on the basis of the STC rating of the glass alone, but on the entire assembly including frame and seals. Additionally, the assemblies given above are provided as a basis of design, but regardless of construction, the octave band Transmission Loss (TL) and STC value of the system selected must meet the minimum values in Table 7 above. Independent laboratory acoustical test reports should be submitted for review by the design team to ensure compliance with glazing acoustical performance requirements. Laboratories shall be accredited by the Department of Commerce National Voluntary Laboratory Accreditation Program (NVLAP). Labs shall be pre- approved by Veneklasen Associates. Tests shall be required to be performed in North America. Lab tests and lab reports shall be in compliance with ASTM standard E90 and be no more than 10 years old from the date of submission for this project. If test reports are not available for a proposed assembly, the assembly, including frame, seals and hardware, shall be tested at an independent pre-approved NVLAP-accredited laboratory to demonstrate compliance with the requirements of this report. Veneklasen shall be invited to witness acoustical testing completed and reserves the right to exclude test reports from laboratories that are not pre-approved by Veneklasen. 278 Veneklasen Associates 210 PCH Preschool; Hermosa Beach Exterior Noise and Exterior Façade Acoustical Analysis Veneklasen Project No. 8519-001 April 8, 2024–Page 9 www.veneklasen.com APPENDIX II – GLOSSARY OF ACOUSTICAL TERMS Term Definition Absorption A property of material referring to how much sound it absorbs (as opposed to reflecting). In the context of this report, absorption refers to the total quantity of absorption within the receiving space. Absorption is measure in sabins. A-weighting (dBA) The sound pressure level in decibels as measured in an A-weighting filter network. The A-weighting de-emphasizes the low frequency components of the sound in a manner similar to the frequency response of the human ear and correlates well with subjective reactions to noise. Decibel (dB) A unit describing the amplitude of sound equivalent to 20 times the logarithm, to the base 10, of the ratio of the pressure of the sound to the reference pressure of 20 Pa. Used to quantify sound pressure levels. Equivalent Sound Level (Leq) The time-weighted average noise level during the stated measurement period. Sabin A unit used to describe absorption within a space. One sabin is equal to the absorption of a one-square-foot open window. Sound Pressure Level (SPL) The amplitude of sound when compared to the reference sound pressure level of 20 Pa. SPL is measured in dB. Sound Transmission Class (STC) A single-number metric used to describe the transmission loss performance of a material or assembly across the frequency spectrum. It is intended for use primarily when speech is the noise source. Transmission Loss (TL) A measure of the reduction in sound level as a sound wave passes through a material. The higher the transmission loss, the better the material’s sound insulating properties. 279 Veneklasen Associates 210 PCH Preschool; Hermosa Beach Exterior Noise and Exterior Façade Acoustical Analysis Veneklasen Project No. 8519-001 April 8, 2024–Page 10 www.veneklasen.com APPENDIX III – ACOUSTICAL CALCULATION METHODS Decibel Addition Decibels are based on a logarithmic scale; defined as the logarithmic ratio between a measured sound pressure level and a reference sound pressure level. When decibels are added, they are not combined arithmetically, but logarithmically. Decibels are added according to the following equation. 𝑹𝑷𝑳𝒕𝒏𝒕=𝟎𝟎𝒍𝒏𝒈(𝟎𝟎(𝑹𝑷𝑳𝟎𝟎𝟎⁄))+𝟎𝟎𝒍𝒏𝒈(𝟎𝟎(𝑹𝑷𝑳𝟎𝟎𝟎⁄)) Where: SPLtot = Total Sound Pressure Level (dB or dBA) SPL1, SPL2 = Sound Pressure Level 1, 2 (dB or dBA) A-Weighting A-weighting a spectrum is completed by applying standardized weighting factors to a frequency spectrum, either in octave bands or third-octave bands. These resultant A-weighted levels are summed using decibel addition to generate the overall A-weighted level, noted as dBA. In a report, spectral data is typically presented un-weighted, and the overall level is presented with A-weighting. The octave band A-weighting correction factors are shown in the table below: Octave Band Center Frequency (Hz) 63 125 250 500 1000 2000 4000 8000 A-weighting Correction Factor (dB) -26 -16 -9 -3 0 +1 +1 -1 Acoustical Shielding The presence of adjacent buildings or facades, changes in terrain, parapets, and other similar barriers provide acoustical shielding, reducing the sound level incident on the exterior facades. Common locations where acoustical shielding occurs include, but are not limited to, the roof, the back, and sides of the building that are not directly facing the noise source. Acoustical shielding due to building geometry can be separated into two categories: reduction due to reduced area of exposure (side of a building) and shielding from barriers (such as a parapet or sound wall). Reduction as a result of reduced area of exposure is calculated according to the following equation: ∆𝑹𝑷𝑳=𝟎𝟎𝐥𝐨𝐠𝟎𝟎(𝜽𝒅𝒙𝒏 𝟎𝟖𝟎) Where: ∆𝑆𝑃𝐿 = Change in Sound Pressure Level (dB) θexp = Angle of exposure (degrees) 280 Veneklasen Associates 210 PCH Preschool; Hermosa Beach Exterior Noise and Exterior Façade Acoustical Analysis Veneklasen Project No. 8519-001 April 8, 2024–Page 11 www.veneklasen.com Acoustical Attenuation due to Distance Sound pressure level reduction due to distance is calculated according to the following equation: 𝑹𝑷𝑳𝟎=𝑹𝑷𝑳𝟎+𝑨𝑹𝐥𝐨𝐠⁡(𝒓𝟎 𝒓𝟎 ) Where: SPL1 = Sound Pressure Level at Location 1 (dB or dBA) SPL2 = Sound Pressure Level at Location 2 (dB or dBA) CS = Source Coefficient; 20 for point source, 10 for a line source r1 = Location 1 distance from source (ft.) r2 = Location 2 distance from source (ft.) In some situations, the CS value is between 10 and 20; selection of this number is an engineering judgment based on the relationship between the source and receiver as well as the type of source. Interior Noise Calculation The interior noise calculation takes into account the exterior noise level, the transmission loss of the glazing (including glass, frame, and seals), wall, and roof/ceiling systems, the finishes within the space, and noise exposure due to building geometry and acoustic shielding. The interior sound level is calculated using the equation: ⁡𝑹𝑷𝑳𝑰=𝑹𝑷𝑳𝑬+𝟎𝟎𝒍𝒏𝒈𝟎𝟎(𝑨)−𝟎𝟎𝒍𝒏𝒈𝟎𝟎(𝑹)−𝑹𝑳+𝟓 Where: SPLI = the Interior Sound Pressure Level (dB or dBA) SPLE = Exterior Sound Pressure Level (dB or dBA) A = Surface Area exposed to Exterior Noise (sq.ft.) R = Room Absorption Coefficient (sabins) TL = Sound Transmission Loss of Exterior Façade Assembly (dB) This calculation is performed for each exposed façade individually. The total interior sound level is found by using decibel addition to sum the sound level from all exposed facades. Sound Barrier Calculation The sound attenuation provided by a barrier varies according to the locations (or geometry) of the sound source, the barrier edge and the receptor, as shown below: Where: hs = Source height (ft) rs = Distance between the sound source and the top of the barrier (ft) hr = Receiver height (ft) r = Distance between the top of the barrier and the receiver (ft) 281 Veneklasen Associates 210 PCH Preschool; Hermosa Beach Exterior Noise and Exterior Façade Acoustical Analysis Veneklasen Project No. 8519-001 April 8, 2024–Page 12 www.veneklasen.com h = Barrier height (ft) d = Distance between the source and the receiver (ft) The attenuation calculation is performed for each frequency band individually (in dB) and is given by: 𝑨𝒕𝒕𝒅𝒏𝒕𝒂𝒕𝒈𝒏𝒏⁡(𝒅𝑨)=𝟓+𝑨𝒍𝒏𝒈𝟎𝟎(√𝟎𝝅𝑵 𝒕𝒂𝒏𝒈√𝟎𝝅𝑵) Where: C = 20 (for point sources) and 15 (for line sources) N (Fresnel Number) = ±2 𝜆⁡(𝑟𝑟+𝑟+𝑑) 𝜆 = Frequency wavelength tanh = Hyperbolic tangent function The total sound attenuation is found by using decibel addition to sum the sound level from all attenuated frequency bands. 282 TECHNICAL MEMORANDUM TO: Ms. Alexis Oropeza, City of Hermosa Beach CC: Mr. Amir Mikhail, Pacific Developments FROM: Srinath Raju, P.E. Christopher Muñoz SUBJECT: Hermosa Beach Early Education Center Project - 210 Pacific Coast Highway Traffic Operations and Parking Study Evaluation DATE: April 24, 2024 REF: RA 764 Raju Associates was retained to provide an assessment of the proposed Hermosa Beach Early Education Center Project (Project) to address the City’s request for evaluation of the following site issues:  The proposed loading and unloading layout and demand.  Employee parking area, vehicle queueing, if any, and impact on abutting right-of -way.  Assess the demand turnover rate for load/unload of children during drop-off and pick-up.  Identify whether the parking lot can handle the peak demand or identify operational layout or parking changes are needed. Identify if an alternative parking location(s), configuration, or parking assignment is needed. In the event that there is a need for additional parking to support the current demand for 77 children or a future expansion, explore off-site parking arrangement on neighboring properties in accordance with Hermosa Beach municipal code. This technical memorandum provides a summary of the description of existing conditions, Project description, summary of the Project’s trip generation estimates, and an evaluation and assessment of the Project’s parking and loading/unloading area(s), and drop-off and pick-up operations. Additionally, VMT screening analysis and updated traffic and queueing analysis using new traffic counts at the Pacific Coast Highway/2nd Street intersection have been provided in this memorandum. Based on an assessment of the above, the Project will provide adequate drop-off/pick-up spaces to accommodate the demand of the students. No traffic issues were identified at the Pacific Coast Highway/2nd Street intersection. 444 E. Huntington Dr, Suite 305 Arcadia, CA 91006 Voice: (626) 792-2700 Fax: (626) 792-2772 1 283 EXISTING CONDITIONS The Project site is located at 210 Pacific Coast Highway (PCH) in the City of Hermosa Beach, California. The Project site is generally bounded by commercial and several residential uses to the north, 2nd Street to the south, PCH to the west and residential use to the east. The Project site and general vicinity are shown in Figure 1. The existing site currently contains a retail auto showroom-body shop building. Two existing surface parking lots would serve the Project. One parking lot is located north of the building and is accessed from the driveway along PCH, while the other parking lot is located south of the building and is accessed from a driveway located along 2nd Street. As proposed, this existing building will be converted to a day care (early education center) facility. Existing Street System A brief description of the roadways serving the Project Site including functional class, number of lanes, speed limits, and parking availability is presented in the following section.  Pacific Coast Highway (PCH) – PCH (SR-1) is classified as a major arterial highway and runs in a north-south direction. It defines the western frontage of Project Site. This roadway generally provides five travel lanes, three lanes in the northbound direction and two lanes in the southbound direction, during the morning peak commute period; and two lanes in the northbound direction and three lanes in the southbound direction during the evening peak commute peak period. Two travel lanes in each direction are provided during the non-peak commute hours with restricted parking on both sides of the street. Within the study area, restricted (non-metered) on-street parking is generally allowed on both sides of the street. The posted speed limit along this facility is 30 miles per hour.  2nd Street – 2nd Street is a local roadway and defines the southern frontage of the Project Site. Adjacent to the Project Site, it provides two travel lanes, one lane in the eastbound and westbound directions. The roadway becomes one-way westbound approximately 150 feet east of PCH and provides neighborhood intrusion protection. The prima facie speed limit is 25 miles per hour. Due to the topography of 2nd Street, 15 miles per hour warning signs are posted along this roadway. 2 284 3285 Existing Pedestrian Circulation System The pedestrian circulation system includes crosswalks, intersection traffic control, and sidewalks available to serve pedestrians. PCH and 2nd Street offer pedestrian access and circulation possibilities to the Project Site. Sidewalks are available on both sides of PCH and 2nd Street near and adjacent to and in the vicinity of the Project site. The existing sidewalk/parkway along PCH adjacent to the Project Site is approximately 8 feet wide, while the existing sidewalk/parkway along 2nd Street is 5 to 8 feet wide. Pedestrian crosswalks adjacent to the Project Site are available at the nearby intersections of PCH/1st Street, PCH/2nd Street and PCH/3rd Street. Existing Transit Serving the Study Area One bus line operated by the Los Angeles County Metropolitan Transportation Authority (MTA/Metro) and one bus line operated by Redondo Beach - Beach Cities Transit (BCT) currently serve the vicinity of the Project Site. A list of these transit lines is provided below and illustrated in Figure 2.  Metro Line 232 – Metro Line 232 provides service from Long Beach to LAX and travels primarily along PCH within the study area.  BCT Line 109 – BCT Line 109 provides service from Redondo Beach Riviera Village to the LAX City Bus Center and travels primarily along Hermosa Avenue with the study area. Bus stops serving Metro Line 109 nearest to the Project Site are located at the corners of the intersection of PCH/5th Street and PCH/Herondo Street; as well as bus stops located at the corners of the intersection of Hermosa Avenue/2nd Street that serve BCT Line 109. PROJECT DESCRIPTION The Project is located on the north-east corner of the intersection of PCH and 2nd Street in the City of Hermosa Beach, California. The Project consists of an early education center (day care) with a maximum enrollment of 77 students. A total of 11 vehicle parking spaces will be available on site at the two existing surface parking lots. Five vehicle parking spaces would be provided in the PCH parking lot, while 6 vehicle parking spaces would be provided in the 2nd Street parking lot. The Project site plan is shown in Figure 3. 4 286 5287 2,435 SF / 35 SF= 70 OCCS1,335 SF / 35 SF= 38 OCCSCOMPACTCOMPACTNOPARKINGCOMPACTADAVAN2,600 SF / 35 SF= 75 OCCS1,142 SF / 35 SF= 33 OCCSCOMPACTSANDBOXSANDBOX7'-6"17'-8"18'-0"5'-0"10"10"8'-6"G.D.MIRCRODRAWER DWG.D.G.D. MIRC RO DRAW ERDW8'-4 1/2"8'-6"1'-3 1/2"3'-5 1/2"18'-0"18'-0"4'-6 1/2"5'-4"25'-2"(E) BUILDING(E) RETAIL SHOWROOM / BODY SHOP TOBE CONVERTED TO (N) PRE-SCHOOL1-STORYTYPE V-B (NON SPRINKLERED)DAYCARE / INFANTPLAYGROUNDPRE-SCHOOLPLAYGROUNDRE-STRIPE (E) PARKINGLOTRE-STRIPE (E) PARKINGLOT7'-6"7'-6"8'-6"2'-6"8'-6"9'-0"21'-4" EXSTING CURB CUT 17'-3" EXISTING C U R B C U T BIKEBIKEBIKE BIKE 18'-0"29'-1 1/2"15'-0"TRASH ENCLOSURE35'-11"40'-6 1/2"DROP OFF /PICK UPPARKING DROP OFF /PICK UPPARKINGDROP OFF /PICK UPPARKING36" W.GATEP.A.P.A.P.A.P.A.P.A.P.A.(E) P.A.P.A.P.A. P.A.5'-1 1/2"UP36" W.GATE36" W.GATE36" W.GATE(N) ELECT.BIKE BIKEBIKEBIKEBIKE BIKE 2% SL (1) 3 C.Y. BIN &(1) 35 GAL. CART OF ORGANICRECYCLE 11'-10 1 /2" 7'-0"8" 8'-4" 2% MAX.SLOPE 2% MAX.SLOPEP.A.10'-0" MIN. CLR. PERHBMC 17.46.060 10'-0" MIN. CLR. PER HBMC 17.46.060 8'-9"(E) SIGNAL & LIGHT POLE(E) FIRE HYDRANT(E) SIGNAL & L IGHT POLE(E) SIGNAL & LIGHT POLE8'-0"1'-0"PROP. LINEPROP. LINEPROP. LINE PROP. LINE PROP. LINEPROP. LINEPROP. LINEPROP. LINE PROP. LINE PROP. LINE PROP. LINE 8"10'-1"1'-4"“ 8"5'-7"P.A.DROP OFF /PICK UPPARKING6288 PROJECT PARKING REQUIREMENTS Based on the City of Hermosa Beach Municipal Code Section 17.40.110 (A) – Day Nursery, Preschools, and After School Child Care with Thirteen (13) or more Students, the Project would need to provide 1 space for every seven (7) students. Therefore, the parking requirement for the Project is 11 spaces. The Project is providing a total of 11 parking spaces, satisfying the parking code requirement. PROJECT PARKING LAYOUT As shown in Figure 3, the Project is proposing to provide 5 parking spaces in the PCH parking lot located north of the Project building consisting of one standard parking space, two compact parking spaces, one designated drop-off/pick-up (standard) space and one ADA van accessible parking space. Additionally, this parking lot would provide 10 bicycle parking spaces. The existing approximately 17-foot driveway along PCH would continue to provide access to this parking lot. The Project is proposing to provide 6 parking spaces in the 2nd Street parking lot located south of the Project building consisting of two standard tandem parking spaces (a total of 4 spaces), one compact drop-off/pick-up space and one standard drop-off/pick-up space. The existing approximately 21-foot driveway along 2nd Street would continue to provide access to this parking lot. Overall, a total of 8 parking spaces (including one ADA parking space) would be provided for staff/employees and 3 parking spaces would be designated for student drop-off/pick-up (unloading/loading). PROJECT TRIP GENERATION The Project consists of a day care center with a maximum enrollment of 77 students. Utilizing the Institute of Transportation Engineer’s (ITE) Trip Generation Manual, 11th Edition, the Project’s trip generation was determined. Table 1 presents details of the Project’s trip generation including type of use, size, applicable rate, and trip generation estimates. Other calculations within the table also provide for trip generation reductions from walk trips. 7 289 From Table 1, it can be observed that the Project’s trip generation would result in a net total of approximately 289 daily trips of which approximately 53 trips (28 inbound and 25 outbound) would occur during the morning peak hour and 53 trips (25 inbound and 28 outbound) would occur during the evening peak hour. The ITE Trip Generation Manual, 11th Edition, also provides hourly distribution of vehicles entering and exiting a typical day care facility (see Attachment A). Based on these percentages, an hourly distribution of vehicles entering and exiting the Project Site is provided in Table 2. As indicated in Table 2, the peak hour during the morning drop-off period occurred between 7:00 AM and 8:00 AM with a total of 28 inbound trips and 25 outbound trips. This is consistent with the morning peak hour trip generation shown in Table 1. It was also assumed from the ITE hourly distribution that the pick-up period occurred over a four-hour period between the hours of 2:00 PM and 6:00 PM. From Table 2, the peak hour during the evening pick-up period occurred at 5:00 PM with a total of 25 inbound trips and 28 outbound trips. This is consistent with the evening peak hour trip generation shown in Table 1. PROJECT DROP-OFF AND PICK-UP EVALUATION This section provides an evaluation of the proposed drop-off and pick-up operations, an assessment of the demand turnover rate for unloading/loading students during drop-off and pick-up periods and identifies whether the parking lot can handle the estimated peak demand. This section also provides recommendations for the parking and operational layout to better serve the needs of the Project Site. Proposed Drop-Off and Pick-Up Operations As currently proposed, student drop-offs and pick-ups would occur in both parking lots. The PCH parking lot provides one parking space designated for drop-offs and pick-ups. Vehicles would enter from the driveway along PCH and park in the designated drop-off/pick-up space. The parent(s) would exit the vehicle and walk their child(ren) into the facility (drop-offs) or pick- up their child from the facility, return to their vehicle and exit right onto PCH. 8 290 TABLE 1ESTIMATED PROJECT TRIP GENERATION Daily AM Peak HourPM Peak HourSizeTrips IN OUT TOTAL IN OUT TOTALProposed ProjectDay Care Center77 students 321 31 28 59 28 31 59Walk Trips (10%) (32) (3) (3) (6) (3) (3) (6)Project Net Trip Generation Total 289 28 25 53 25 28 53Trip Rates [1]Day Care Center (ITE Land Use 565) Trips per student[2] 53% 47% [2] 47% 53% [2][1] Trip Generation Manual, 11th Edition, ITE 2021.[2] Trip generation estimates for Day Care Center (ITE Land Use 565) was calculated using the following equations:Where:Daily T = 3.56 (X) + 47.23 Ln = Natural logarithmAM Peak Hour: T = 0.66 (X) + 8.42 T = Two-way volume of traffic (total trip-ends)PM Peak Hour: Ln (T) = 0.87 Ln (X) + 0.29 X = Number of students9 291 TABLE 2 ESTIMATED HOURLY DISTRIBUTION Vehicle Trips Time Period Total Entering Exiting 7:00 - 8:00 AM 53 28 25 8:00 - 9:00 AM 38 19 19 9:00 - 10:00 AM 14 8 7 2:00 - 3:00 PM 21 10 10 3:00 - 4:00 PM 21 11 10 4:00 - 5:00 PM 40 20 19 5:00 - 6:00 PM 53 25 28 [1] It was assumed from the ITE hourly distribution that the drop-off period occurred between the hours of 7:00 AM and 10:00 AM and the pick-up period occurred between the hours of 2:00 PM and 6:00 PM. * Based on ITE Trip Generation Manual, 11th Edition, Hourly Distribution of Entering and Exiting Vehicle Trips by Land Use Table, included in Attachment A.Drop-Off Period [1]Pick-Up Period [1]10 292 The 2nd Street parking lot provides two parking spaces designated for drop-offs and pick-ups. Due to the neighborhood traffic protection feature along 2nd Street, parents will be directed to enter 2nd Street from PCH to access the parking lot. Vehicles would enter from the driveway along 2nd Street and park in the designated drop-off space. The parent(s) would exit the vehicle and walk their child(ren) into the facility (drop-offs) or pick-up their child from the facility, return to their vehicle and exit right onto 2nd Street. Drop-Off/Pick-Up Parking Space Turnover Rate For the purposes of this evaluation, a drop-off demand turnover rate of 5 minutes per vehicle per space during the morning peak hour was assumed. This is based on observations at other day care facilities where the demand turnover rate was 3-5 minutes. A pick-up demand turnover rate of 3-4 minutes (or 4 minutes) per vehicle space during the evening peak hour was assumed. This pick-up demand turnover rate of 3-4 minutes was also based on observations at other day care facilities. Drop-Off/Pick-Up Parking Space Capacity vs Demand Table 3 provides a summary of the drop-off/pick-up space capacity by each schedule shift. As indicated in the table, based on a turnover rate of 5 minutes per vehicle per space and assuming a uniform arrival pattern, each space can accommodate up to 12 vehicles within each 60-minute drop-off morning period. The Project is providing a total of 3 drop-off/pick-up spaces and, therefore, would be able to accommodate a demand of approximately 36 vehicles during each 60-minute drop-off period. Similarly, the Project would be able to accommodate approximately 45 vehicles in the 60-minute pick-up evening time. Based on the results of the trip generation evaluation, the Project is anticipated to generate approximately 25 drop-offs during the morning drop-off peak hour and approximately 25 pick- ups during the evening pick-up peak hour. Therefore, the proposed 3 drop-off/pick-up spaces would be adequate to serve the Project’s projected demand. City staff has requested that random arrivals be used and probabilities that the demand is three (3) or less and four (4) or more be determined. Random arrivals typically follow Poisson 11 293 TABLE 3 DROP-OFF/PICK-UP SPACES CAPACITY Drop-Off Peak Hour Minutes 7:00 - 8:00 AM 60 36 vehicles* (3 spaces x 60min/5 min) PROJECT AM PEAK HOUR DEMAND 25 vehicles Pick-Up Peak Hour Minutes 5:00-6:00 PM 60 45 vehicles* (3 spaces x 60min/4 min) PROJECT PM PEAK HOUR DEMAND 25 vehicles Number of Vehicles (Capacity)[2] [1] A turnover rate of 5 minutes per vehicle per space was assumed during the morning peak hour drop-off time period. * Based on the provision of 3 drop-off/pick-up spaces. [2] A turnover rate of 4 minutes per vehicle per space was assumed during the evening pick-up peak hour time period. Number of Vehicles (Capacity)[1] 12 294 Distribution. The Poisson Probability Density Function gives the probability of an event happening a certain number of times (k) within a given interval of time or space. Table 4 provides the Poisson distribution for random arrivals. As indicated in Table 4, there is an approximately 91 percent probability that the demand will be three (3) or less (parents dropping- off/picking-up their child(ren) at one time). The probability that the demand is four (4) or more is approximately 9 percent. Therefore, since more than 90 percent of the time, the demand would be three (3) or less, there would be adequate drop-off/pick-up spaces provided on site. Although there is a small percentage of the peak times that the demand would be greater than the three (3) available drop-off/pick-up spaces, this would not have any impact of emergency vehicles. There would be adequate space for these emergency vehicles to get past other vehicles on 2nd Street, similar to what currently occurs. PROJECT VEHICLE MILES TRAVELED (VMT) AND OTHER ANALYSIS The city staff requested that the Transportation Study also address VMT analysis and intersection level of service (LOS) and queueing analysis at PCH and 2nd Street. The city staff directed the applicant to conduct the VMT analysis using State guidelines. The following section addresses these elements. VMT Analysis The Governor’s Office of Planning and Research (OPR) issued guidance on the technical aspects of SB 743 implementation. As part of the requirements, a new performance metric (VMT) was established for measurement of significant impacts under CEQA. The OPR’s Technical Advisory, dated December 2019, stated that projects that generate less than 110 daily trips would be deemed to not cause significant transportation impacts. Further, the advisory stated under VMT Mitigation and Alternatives section that potential measures to reduce vehicle miles traveled include the following:  Increase access to common goods and services, such as groceries, schools, and daycare. 13 295 TABLE 4 POISSON DISTRIBUTION - RANDOM ARRIVALS FUNCTION Probability(event)k P value Cumulative P value P(0) 0 0.186373976 0.186373976 P(1) 1 0.31310828 0.499482256 P(2) 2 0.263010955 0.762493211 P(3) 3 0.147286135 0.909779346 P(4) 4 0.061860177 P(5) 5 0.020785019 P(6) 6 0.005819805 P(4) or more 0.090220654 Probability of Demand 3 or less = 0.91 OR 91% Probability of Demand 4 ormore = 0.09 OR 9% Poisson Probability Density Function is P(k) = (X^k)*(e^-X )/ k! Mean value X = 1.68 14 296 The proposed Day Care project includes 77 students replacing an existing use. The existing use could be retail or the last-known use (auto sales). Using the latest ITE 11th Edition Trip Generation Rates / Equations, the net trip generation estimates for the proposed Project with existing retail use credit and with existing auto sales credit were prepared. Tables 5 and 6 provide the net project trip generation for daily, AM and PM peak hours using existing retail credit and existing auto sales credit, respectively. From Table 5, it can be observed that the project would generate fewer daily trips compared to the existing retail (65 less daily trips). Additionally, the project would generate less PM peak hour trips (3 trips less). During the AM peak hour, the project would generate approximately 19 trips inbound and outbound. Based on the project traffic assignment, it was estimated that the project would not cause any operational issues at the intersection of PCH and 2nd Street. From Table 6, it can be observed that the project would generate a total of 94 daily trips. However, since the project would generate less than 110 daily trips, the project would be presumed to not cause any significant transportation impacts, according to the Governor’s office of Planning and Research’s Technical Advisory. Finally, based on the net morning and evening peak hour trip generation and distribution, given the small amount of additional southbound left-turning movement traffic at the PCH/2nd Street intersection, it was estimated that there would be minimal operational effects associated with the Project and that the queue would not extend beyond the storage pocket. No further transportation analysis is necessary. Intersection LOS and Queueing Analyses Weekday morning (AM) and evening (PM) peak hour traffic counts were compiled from data collected at the study intersection in April 2024, included in Attachment B. These traffic volumes reflect typical weekday operations during current year 2024 conditions. The intersection lane configurations and Existing (2024) peak hour traffic volumes are shown in Figure 4. The existing signal timing information was obtained from a recently completed traffic study (PCH and 2nd Street – Proposed Starbucks Transportation Analysis Memorandum, General Technologies Solutions, December 29, 2021, revised January 12, 2022) in the City of Hermosa Beach and verified using field observations. 15 297 TABLE 5ESTIMATED PROJECT TRIP GENERATION Daily AM Peak HourPM Peak HourSizeTrips IN OUT TOTAL IN OUT TOTALProposed ProjectDay Care Center77 students 321 31 28 59 28 31 59Walk Trips (10%) (32) (3) (3) (6) (3) (3) (6)Existing UseRetail(7,214) s.f.(393) (10) (7) (17) (31) (31) (62)Walk Trips (10%) 39 112336Project Net Trip Generation Total (65) 19 19 38 (3) 0 (3)Trip Rates [1]Day Care Center (ITE Land Use 565) Trips per student[2] 53% 47% [2] 47% 53% [2]Retail < 40ksf (ITE Land Use 822) Trips per 1,000 s.f.54.45 60% 40% 2.36 50% 50% [3][1] Trip Generation Manual, 11th Edition, ITE 2021.[2] Trip generation estimates for Day Care Center (ITE Land Use 565) was calculated using the following equations:Where:Daily T = 3.56 (X) + 47.23 Ln = Natural logarithmAM Peak Hour: T = 0.66 (X) + 8.42 T = Two-way volume of traffic (total trip-ends)PM Peak Hour: Ln (T) = 0.87 Ln (X) + 0.29 X = Number of students[3] PM trip generation estimates for Retail (ITE Land Use 822) was calculated using the following equation:Where:PM Peak Hour: Ln (T) = 0.71 Ln (X) + 2.72 Ln = Natural logarithm T = Two-way volume of traffic (total trip-ends) X = Number of students16 298 TABLE 6ESTIMATED PROJECT TRIP GENERATION Daily AM Peak HourPM Peak HourSizeTrips IN OUT TOTAL IN OUT TOTALProposed ProjectDay Care Center77 students 321 31 28 59 28 31 59Walk Trips (10%) (32) (3) (3) (6) (3) (3) (6)Existing UseAuto Sales - Used(7,214) s.f.(195) (11) (4) (15) (13) (14) (27)Project Net Trip Generation Total 94 17 21 38 12 14 26Trip Rates [1]Day Care Center (ITE Land Use 565)Trips per student[2] 53% 47% [2] 47% 53% [2]Auto Sales - Used (ITE Land Use 841) Trips per 1,000 s.f.27.06 76% 24% 2.13 47% 53% 3.75[1] Trip Generation Manual, 11th Edition, ITE 2021.[2] Trip generation estimates for Day Care Center was calculated using the following equations:Where:Daily T = 3.56 (X) + 47.23 Ln = Natural logarithmAM Peak Hour: T = 0.66 (X) + 8.42 T = Two-way volume of traffic (total trip-ends)PM Peak Hour: Ln (T) = 0.87 Ln (X) + 0.29 X = Number of students17 299 18300 The intersection capacity analysis and queue analysis were conducted based on the Highway Capacity Manual (HCM) signalized intersection methodology utilizing Synchro 11 software. The HCM signalized methodology calculates the average control delay, in seconds, for each vehicle passing through the intersection. LOS is a qualitative measure used to describe the condition of traffic flow, ranging from excellent conditions at LOS A to overloaded conditions at LOS F. LOS D is typically recognized as the minimum acceptable level of service in urban areas. The LOS definitions for signalized intersections are provided in Table 7. Existing (2024) LOS Analysis. The Existing (2024) traffic volumes presented in Figure 4 for AM and PM peak hours were used in conjunction with the level of service methodologies described above, and the current intersection lane configurations (also illustrated in Figure 4), to determine the existing operating conditions at the analyzed intersection. The study intersection, PCH at 2nd Street, consists of two closely spaced intersections that operate under one controller. For this unique condition, Synchro 11 software cluster editor was utilized to simulate this condition. Table 7 summarizes the results of the intersection capacity analysis for existing conditions. The table indicates the existing average control delay for each intersection during the morning and evening peak hours and the corresponding LOS. As illustrated in the table, the study intersection is currently operating at LOS B during both the morning and evening peak hours. The operational calculation worksheets for Existing (2024) conditions are provided in Attachment C. Project Trip Distribution and Assignment. The Project’s trip distribution was based on various factors such as project site location, points of access of the project driveways, availability of major and secondary arterials connecting to the regional roadway system as well as professional judgment and local knowledge of travel patterns within the study area. Based on these distribution assumptions, location and points of access, and Project trip generation estimates (AM: 28 inbound trips, 25 outbound trips and PM: 25 inbound trips, 28 outbound) traffic estimates of project-only trips were developed. Note that the Project traffic assignments include walk trip credit and do not include existing use credit. The resulting net Project-only trips are also shown in Figure 5. 19 301 TABLE 7LEVEL OF SERVICE AND QUEUE ANALYSISExisting (2024)Existing (2024) withSBL NBLConditionsProject ConditionsIntersectionStorage Length (feet)Storage Length (feet)Peak HourDelay [1]LOS [2]SBL Queue Length [3]NBL Queue Length [3]Delay [1]LOS [2]SBL Queue Length [3]NBL Queue Length [3]1W. PCH & 2nd Street (west leg)-- AM8.2A--8.2A--1E. PCH & 2nd Street (east leg)25' 20' AM12.8B2'41'13.3B15'41'1W. PCH & 2nd Street (west leg)-- PM15.4B--15.5B--1E. PCH & 2nd Street (east leg)25' 20' PM8.1A1'80'8.8A10'83'SBL = Southbound Left-TurnNBL = Northbound Left-Turn*These intersections are controlled by one traffic signal controller and have been evaluated as such utilizing Synchro 11 software intersection cluster editor.[1] Delay based on HCM signalized intersection methodology reported in average seconds per vehicle.LOS: Average Delay (seconds/vehicle)LOS A: < 10.0 secondsLOS B: > 10.0 and < 20.0 secondsLOS C: > 20.0 and < 35.0 secondsLOS D: > 35.0 and < 55.0 secondsLOS E: > 55.0 and < 80.0 secondsLOS F: > 80.0 seconds[3] 95th-Percentile queue length from Highway Capacity Manual (HCM) methodology using Synchro 11 software.[2] Level of Service definitions for signalized intersections (source: Highway Capacity Manual, Transportation Research Board, 2016):20 302 21303 Existing (2024) with Project Traffic Volumes. The Existing (2024) traffic volumes were combined with the Project-only (net) traffic volumes to obtain the Existing with Project traffic volume forecasts presented in Figure 6. Existing (2024) with Project LOS Analysis. The Existing (2024) with Project traffic volumes, presented in Figure 6, were analyzed to determine the intersection LOS and delay. Table 7 presents the results of the LOS analysis at the study intersections for existing conditions without and with Project. As summarized in Table 7, Existing (2024) with Project conditions analysis indicates that the Project’s traffic does not change the levels of service at the study location compared to Existing (2024) conditions (without Project) during both the morning and evening peak hours. The operational analysis calculation worksheets for Existing (2024) with Project conditions are provided in Attachment C. Queue Analysis. The city staff requested that the Transportation Study also provide a southbound left-turn queueing analysis at PCH and 2nd Street intersection. The HCM methodology for signalized intersections (in Synchro software) was utilized to calculate vehicle queuing for the southbound left-turn. The operational analysis reports the 95th percentile queue length (in feet) for the signalized intersections. This is a conservative analysis and does not represent what the average driver would experience, but it is a standard commonly used in traffic engineering design to determine lengths of turn lane pockets. Table 7 summarizes the study intersection’s southbound left-turn queues for Existing (2024) conditions and Existing (2024) with Project conditions. The southbound left-turn pocket has a storage length of approximately 25 feet. As indicated in Table 7, the southbound left-turn has a queue length of 2 feet during the morning peak hour and 1 foot during the evening peak hour under Existing (2024) conditions. With the addition of Project traffic, the southbound left-turn is projected to have a queue length of approximately 15 feet during the morning peak hour and approximately 10 feet during the evening peak hour. Therefore, the southbound left-turn pocket can accommodate the addition of the Project’s traffic. No spillover from the southbound left-turn pocket into the through lane is anticipated. 22 304 23305 Additionally, the city has now requested the northbound left-turn queueing analysis. Table 7 also summarizes the study intersection’s northbound left-turn queues for Existing (2024) conditions and Existing (2024) with Project conditions. The northbound left-turn pocket has a storage length of approximately 20 feet. As indicated in Table 7, the northbound left-turn queue length extends beyond the storage length under Existing (2024) conditions during both the morning (41 feet queue) and evening (80 feet queue) peak hours. The addition of Project traffic (one trip during both the morning and evening peak hours) would have no effect to minimal effect on the queue length during the morning peak hour (no change in queue length), and evening peak hour (3 feet increase in queue length), respectively. Recommendations The following recommended changes to the parking layout and operations have been provided in order to accommodate the Project’s estimated demand during the drop-off/pick-up periods and provide safer and organized drop-off/pick-up operations.  The Project should provide one centralized drop-off/pick-up area. This can be accomplished by removing the drop-off/pick-up space from the PCH parking lot. This space would be designated as a standard parking space. All drop-off/pick-up activities should occur at the 2nd Street parking lot. This will organize vehicles dropping off or picking up students to/from one area, thereby improving operations and safety.  The Project should designate one additional drop-off/pick-up space in the 2nd Street parking lot. This space can be provided behind the tandem spaces, as shown in Figure 7. A total of 3 spaces would be designated as drop-off/pick-up spaces. This would result in relocating one standard parking space to the Project’s parking lot along PCH.  Based on comments from the city, the compact space in the 2nd Street parking lot would no longer be designated as a drop-off/pick-up space. An additional drop-off/pick-up space would be provided behind the remaining tandem space, as shown Figure 7. 24 306 2,600 SF / 35 SF= 75 OCCS1,142 SF / 35 SF= 33 OCCSCOMPACTSANDBOX36" W.GATEDROP OFF /PICK UPPARKINGDROP OFF /PICK UPPARKINGDROP OFF /PICK UPPARKING DROP OFF /PICK UPPARKING 25307 CONCLUSION The Project would convert an existing retail vehicle showroom/body shop building into a day care center facility that would have a maximum enrollment of 77 students. The Project is anticipated to generate approximately 25 vehicle drop-offs during the morning drop-off peak hour and approximately 25 vehicle pick-ups during the evening pick-up peak hour. After implementation of the recommendations, the Project would provide a total of 3 drop-off/pick-up spaces at the Project’s 2nd Street parking lot, which would be adequate for the proposed day care facility. Based on Poisson distribution of random arrivals, there is an approximately 91 percent probability that the demand at the drop-off/pick-up spaces would be three (3) or less during peak times. The demand would have approximately 9 percent probability that it would be four (4) or more during peak times. Therefore, the recommended 3 drop-off/pick-up spaces would satisfy the Project’s projected demand. The proposed Project would be exempt from VMT analysis since the total net daily trips associated with the Project is less than 110 trips. The OPR guidelines also state that uses such as the proposed child day care project increases access to common goods and services, thereby reducing VMT and providing potential VMT mitigation. No further VMT analysis would be required for the Project. Based on a level of service (LOS) evaluation at the PCH/2nd Street study intersection, the intersection is projected at LOS B during both the morning and evening peak hours under Existing (2024) with Project conditions, similar to Existing (2024) conditions. The queueing analysis at this location indicates that the southbound left-turn pocket can accommodate the addition of the Project’s traffic and that no spillover from the southbound left-turn pocket into the through lane is anticipated. The effect of Project traffic on the PCH/2nd Street intersection operations would be minimal. 26 308 ATTACHMENT A 309 ATTACHMENT A Land Use Code Land Use Setting Time Period # Data Sites Time Total Entering Exiting 7:00 - 8:00 AM 17.9% 19.5% 16.3% 8:00 - 9:00 AM 13.0% 13.2% 12.8% 9:00 - 10:00 AM 5.0% 5.4% 4.6% 10:00 - 11:00 AM 2.7% 2.6% 2.9% 11:00 - 12:00 PM 2.6% 2.6% 2.6% 12:00 - 1:00 PM 2.4% 2.1% 2.6% 1:00 - 2:00 PM 4.3% 4.1% 6.9% 2:00 - 3:00 PM 7.2% 6.7% 6.9% 3:00 - 4:00 PM 7.4% 7.5% 7.1% 4:00 - 5:00 PM 13.8% 13.6% 14.0% 5:00 - 6:00 PM 17.7%16.7%18.7% Weekday 19 % of 24-Hour Vehicle Trips Hourly Distribution of Entering and Exiting Vehicle Trips by Land Use Source: ITE Trip Generation Manual , 11th Edition 565 Day Care Center General Urban/Suburban 310 ATTACHMENT B 311 DATE:LOCATION:PROJECT #:SC4591 Thu, Apr 18, 24 NORTH & SOUTH: LOCATION #:1EAST & WEST: CONTROL:SIGNAL NOTES:AM ▲ PM N MD ◄W E ► OTHER S OTHER ▼ NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND NL NT NR SL ST SR EL ET ER WL WT WR TOTAL NB SB EB WB TTLLANES:130 1 3001001 0 0000 7:00 AM 34600 022010160113 0 714 000007:15 AM 35531 02165140431 0 800 000007:30 AM 55640 02608170330 5 865 000007:45 AM 65312 12728210315 4 854 000008:00 AM 44791 028412200626 7 821 000008:15 AM 94350 033812200620 3 825 00000 8:30 AM 84540 030318160361 3 812 00000 8:45 AM 45261 030114290321 5 886 00000 VOLUMES 424,0025 12,194871530292017276,577 00000 APPROACH % 1% 99% 0% 0% 96% 4% 84% 0% 16% 31% 27% 42% APP/DEPART 4,049 /4,182 2,282 /2,243 182 /664/146 0BEGIN PEAK HRVOLUMES 242,0093 11,1544078018811193,365 0000APPROACH % 1% 99% 0% 0% 97% 3% 81% 0% 19% 21% 29% 50%PEAK HR FACTOR 0.895 0.854 0.923 0.633 0.973APP/DEPART 2,036 /2,106 1,195 /1,180 96 /438/75 04:00 PM 5 368 1 2 410 14 19 0 11 5 0 1 836 000004:15 PM 11 367 1 0 475 9 18 0 12 6 1 3 903 10001 4:30 PM 63322 044412160623 3 826 00000 4:45 PM 5 386 2 0 516 11 21 0 12 5 2 3 963 00000 5:00 PM 13 316 1 0 415 6 13 0 15 3 1 5 788 00000 5:15 PM 11 376 1 0 517 20 22 0 21 3 3 4 978 00000 5:30 PM 153271 049118171551 5 886 00000 5:45 PM 4 351 1 0 471 10 18 0 18 3 0 6 882 00000VOLUMES 702,82310 23,73910014411003211307,063 10001APPROACH % 2% 97% 0% 0% 97% 3% 59% 0% 41% 44% 15% 41%APP/DEPART 2,904 /2,997 3,841 /3,872 245 /13 73 /181 0BEGIN PEAK HRVOLUMES 441,4055 01,9395573153167 173,615 0000APPROACH % 3% 97% 0% 0% 97% 3% 57% 1% 42% 40% 18% 43%PEAK HR FACTOR 0.925 0.928 0.738 0.909 0.924 APP/DEPART 1,454 /1,495 1,994 /2,008 127 /640/106 0 Pacific Coast Hwy NORTH LEG 2nd St WEST LEG EAST LEG 2nd St SOUTH LEG Pacific Coast Hwy N LEG S LEG E LEG W LEG TOTAL N LEG S LEG E LEG W LEG TOTAL NL SL EL WL TOTAL 7:00 AM 0 2 2 2 6 0211 4 00112 7:15 AM 0 4 2 1 7 0421 7 00000 7:30 AM 0 0 0 1 1 0001 1 000007:45 AM 0 8 0 0 8 0400 4 040048:00 AM 0 7 7 2 16 0531 9 02417 8:15 AM 0 7 6 8 21 065516 01135 8:30 AM 0 4 3 1 8 0421 7 00101 8:45 AM 0 6 5 1 12 054110 01102 TOTAL 038 25 1679 030171158 088521BEGIN PEAK HR 0158 7 30 4:00 PM 0 5 2 2 9 0411 6 01113 4:15 PM 0 8 6 2 16 075113 011134:30 PM 0 7 3 3 13 063110 010234:45 PM 0 7 4 1 12 0521 8 02204 5:00 PM 0 17 6 2 25 0165 1 22 01113 5:15 PM 0 9 7 2 18 086216 01102 5:30 PM 0 9 9 2 20 098118 00112 5:45 PM 0 9 5 1 15 083011 01214TOTAL071 42 15128 063338104 089724 038215 64AMPMAM7:30 AM PM4:45 PM ALL PED + BIKE & SCOOTER 7:30 AM BEGIN PEAK HR 4:45 PM BICYCLE & SCOOTER CROSSINGSPEDESTRIAN CROSSINGS U-TURNS Pacific Coast Hwy Queue NB AM; SB PM Pacific Coast Hwy 2nd St 2nd St INTERSECTION TURNING MOVEMENT COUNTS PREPARED BY: AimTD LLC. tel: 714 253 7888 cs@aimtd.com Hermosa Beach Pacific Coast Hwy 2nd St 312 ATTACHMENT C 313 HCM Signalized Intersection Capacity Analysis Existing (2024) - AM 1: PCH & 2nd Street (West Leg)04/23/2024 Synchro 11 Report Page 1 Movement EBL EBR NBL NBT SBT SBR Lane Configurations Traffic Volume (vph)78 18 35 2028 1155 40 Future Volume (vph)78 18 35 2028 1155 40 Ideal Flow (vphpl)1900 1900 1900 1900 1900 1900 Total Lost time (s)4.5 4.5 4.5 4.5 Lane Util. Factor 1.00 1.00 0.91 0.91 Frt 0.97 1.00 1.00 1.00 Flt Protected 0.96 0.95 1.00 1.00 Satd. Flow (prot)1744 1770 5085 5060 Flt Permitted 0.96 0.95 1.00 1.00 Satd. Flow (perm)1744 1770 5085 5060 Peak-hour factor, PHF 0.97 0.97 0.97 0.97 0.97 0.97 Adj. Flow (vph) 80 19 36 2091 1191 41 RTOR Reduction (vph)000030 Lane Group Flow (vph) 99 0 36 2091 1229 0 Turn Type Prot Prot NA NA Protected Phases 3 4 2 4 6 Permitted Phases Actuated Green, G (s) 21.5 19.5 109.5 85.5 Effective Green, g (s) 21.5 19.5 109.5 85.5 Actuated g/C Ratio 0.15 0.14 0.78 0.61 Clearance Time (s)4.5 4.5 4.5 Lane Grp Cap (vph) 267 246 3977 3090 v/s Ratio Prot c0.06 0.02 c0.41 0.24 v/s Ratio Perm v/c Ratio 0.37 0.15 0.53 0.40 Uniform Delay, d1 53.2 52.9 5.6 14.0 Progression Factor 1.00 1.51 0.10 1.00 Incremental Delay, d2 3.9 0.9 0.4 0.4 Delay (s)57.1 80.7 0.9 14.4 Level of Service E F A B Approach Delay (s) 57.1 2.3 14.4 Approach LOS E A B Intersection Summary HCM 2000 Control Delay 8.2 HCM 2000 Level of Service A HCM 2000 Volume to Capacity ratio 0.52 Actuated Cycle Length (s) 140.0 Sum of lost time (s)13.5 Intersection Capacity Utilization 52.1% ICU Level of Service A Analysis Period (min) 15 c Critical Lane Group 314 HCM Signalized Intersection Capacity Analysis Existing (2024) - AM 2: PCH & 2nd St (East Leg)04/23/2024 Synchro 11 Report Page 2 Movement WBL WBR NBT NBR SBL SBT Lane Configurations Traffic Volume (vph)8 30 2033 3 1 1172 Future Volume (vph)8 30 2033 3 1 1172 Ideal Flow (vphpl)1900 1900 1900 1900 1900 1900 Total Lost time (s)4.5 4.5 4.5 4.5 Lane Util. Factor 1.00 0.91 1.00 0.91 Frt 0.89 1.00 1.00 1.00 Flt Protected 0.99 1.00 0.95 1.00 Satd. Flow (prot)1646 5084 1770 5085 Flt Permitted 0.99 1.00 0.95 1.00 Satd. Flow (perm)1646 5084 1770 5085 Peak-hour factor, PHF 0.97 0.97 0.97 0.97 0.97 0.97 Adj. Flow (vph) 8 31 2096 3 1 1208 RTOR Reduction (vph)000000 Lane Group Flow (vph) 39 0 2099 0 1 1208 Turn Type Prot NA Prot NA Protected Phases 4 2 3 3 6 Permitted Phases Actuated Green, G (s) 19.5 85.5 21.5 111.5 Effective Green, g (s) 19.5 85.5 21.5 111.5 Actuated g/C Ratio 0.14 0.61 0.15 0.80 Clearance Time (s)4.5 4.5 4.5 Lane Grp Cap (vph) 229 3104 271 4049 v/s Ratio Prot c0.02 c0.41 0.00 c0.24 v/s Ratio Perm v/c Ratio 0.17 0.68 0.00 0.30 Uniform Delay, d1 53.1 18.1 50.2 3.8 Progression Factor 1.00 1.00 1.32 0.01 Incremental Delay, d2 1.6 1.2 0.0 0.2 Delay (s)54.7 19.3 66.3 0.2 Level of Service D B E A Approach Delay (s) 54.7 19.3 0.3 Approach LOS D B A Intersection Summary HCM 2000 Control Delay 12.8 HCM 2000 Level of Service B HCM 2000 Volume to Capacity ratio 0.54 Actuated Cycle Length (s) 140.0 Sum of lost time (s)13.5 Intersection Capacity Utilization 51.0% ICU Level of Service A Analysis Period (min) 15 c Critical Lane Group 315 Queues Existing (2024) - AM 1: PCH & 2nd Street (West Leg)04/23/2024 Synchro 11 Report Page 1 Lane Group EBL NBL NBT SBT Lane Group Flow (vph) 99 36 2091 1232 v/c Ratio 0.37 0.15 0.53 0.40 Control Delay 57.8 81.5 0.9 14.4 Queue Delay 0.0 127.9 0.2 0.0 Total Delay 57.8 209.5 1.2 14.4 Queue Length 50th (ft) 66 27 11 159 Queue Length 95th (ft) 113 m41 12 184 Internal Link Dist (ft) 149 37 168 Turn Bay Length (ft) 20 Base Capacity (vph) 267 246 3977 3092 Starvation Cap Reductn 0 221 896 0 Spillback Cap Reductn 0000 Storage Cap Reductn 0000 Reduced v/c Ratio 0.37 1.44 0.68 0.40 Intersection Summary m Volume for 95th percentile queue is metered by upstream signal. 316 Queues Existing (2024) - AM 2: PCH & 2nd St (East Leg)04/23/2024 Synchro 11 Report Page 2 Lane Group WBL NBT SBL SBT Lane Group Flow (vph) 39 2099 1 1208 v/c Ratio 0.17 0.68 0.00 0.30 Control Delay 55.4 19.5 66.0 0.2 Queue Delay 0.0 0.6 1.0 0.1 Total Delay 55.4 20.1 67.0 0.3 Queue Length 50th (ft) 25 353 0 0 Queue Length 95th (ft) 55 393 m2 0 Internal Link Dist (ft) 137 262 37 Turn Bay Length (ft)25 Base Capacity (vph) 229 3105 271 4049 Starvation Cap Reductn 0 0 246 1564 Spillback Cap Reductn 0 563 0 0 Storage Cap Reductn 0000 Reduced v/c Ratio 0.17 0.83 0.04 0.49 Intersection Summary m Volume for 95th percentile queue is metered by upstream signal. 317 HCM Signalized Intersection Capacity Analysis Existing (2024) - PM 1: PCH & 2nd Street (West Leg)04/23/2024 Synchro 11 Report Page 1 Movement EBL EBR NBL NBT SBT SBR Lane Configurations Traffic Volume (vph)73 54 51 1422 1939 55 Future Volume (vph)73 54 51 1422 1939 55 Ideal Flow (vphpl)1900 1900 1900 1900 1900 1900 Total Lost time (s)4.5 4.5 4.5 4.5 Lane Util. Factor 1.00 1.00 0.91 0.91 Frt 0.94 1.00 1.00 1.00 Flt Protected 0.97 0.95 1.00 1.00 Satd. Flow (prot)1706 1770 5085 5064 Flt Permitted 0.97 0.95 1.00 1.00 Satd. Flow (perm)1706 1770 5085 5064 Peak-hour factor, PHF 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 79 59 55 1546 2108 60 RTOR Reduction (vph)000020 Lane Group Flow (vph) 138 0 55 1546 2166 0 Turn Type Prot Prot NA NA Protected Phases 3 4 2 4 6 Permitted Phases Actuated Green, G (s) 31.5 11.5 99.5 83.5 Effective Green, g (s) 31.5 11.5 99.5 83.5 Actuated g/C Ratio 0.22 0.08 0.71 0.60 Clearance Time (s)4.5 4.5 4.5 Lane Grp Cap (vph) 383 145 3613 3020 v/s Ratio Prot c0.08 0.03 c0.30 c0.43 v/s Ratio Perm v/c Ratio 0.36 0.38 0.43 0.72 Uniform Delay, d1 45.8 60.9 8.4 19.9 Progression Factor 1.00 1.51 0.09 1.00 Incremental Delay, d2 2.6 6.4 0.3 1.5 Delay (s)48.4 98.6 1.1 21.4 Level of Service D F A C Approach Delay (s) 48.4 4.4 21.4 Approach LOS D A C Intersection Summary HCM 2000 Control Delay 15.4 HCM 2000 Level of Service B HCM 2000 Volume to Capacity ratio 0.61 Actuated Cycle Length (s) 140.0 Sum of lost time (s)13.5 Intersection Capacity Utilization 57.2% ICU Level of Service B Analysis Period (min) 15 c Critical Lane Group 318 HCM Signalized Intersection Capacity Analysis Existing (2024) - PM 2: PCH & 2nd St (East Leg)04/23/2024 Synchro 11 Report Page 2 Movement WBL WBR NBT NBR SBL SBT Lane Configurations Traffic Volume (vph)16 24 1449 5 1 1992 Future Volume (vph)16 24 1449 5 1 1992 Ideal Flow (vphpl)1900 1900 1900 1900 1900 1900 Total Lost time (s)4.5 4.5 4.5 4.5 Lane Util. Factor 1.00 0.91 1.00 0.91 Frt 0.92 1.00 1.00 1.00 Flt Protected 0.98 1.00 0.95 1.00 Satd. Flow (prot)1678 5083 1770 5085 Flt Permitted 0.98 1.00 0.95 1.00 Satd. Flow (perm)1678 5083 1770 5085 Peak-hour factor, PHF 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 17 26 1575 5 1 2165 RTOR Reduction (vph)000000 Lane Group Flow (vph) 43 0 1580 0 1 2165 Turn Type Prot NA Prot NA Protected Phases 4 2 3 3 6 Permitted Phases Actuated Green, G (s) 11.5 83.5 31.5 119.5 Effective Green, g (s) 11.5 83.5 31.5 119.5 Actuated g/C Ratio 0.08 0.60 0.22 0.85 Clearance Time (s)4.5 4.5 4.5 Lane Grp Cap (vph) 137 3031 398 4340 v/s Ratio Prot c0.03 c0.31 0.00 c0.43 v/s Ratio Perm v/c Ratio 0.31 0.52 0.00 0.50 Uniform Delay, d1 60.5 16.5 42.1 2.6 Progression Factor 1.00 1.00 1.27 0.01 Incremental Delay, d2 5.9 0.6 0.0 0.3 Delay (s)66.4 17.2 53.5 0.3 Level of Service E B D A Approach Delay (s) 66.4 17.2 0.3 Approach LOS E B A Intersection Summary HCM 2000 Control Delay 8.1 HCM 2000 Level of Service A HCM 2000 Volume to Capacity ratio 0.51 Actuated Cycle Length (s) 140.0 Sum of lost time (s)13.5 Intersection Capacity Utilization 50.2% ICU Level of Service A Analysis Period (min) 15 c Critical Lane Group 319 Queues Existing (2024) - PM 1: PCH & 2nd Street (West Leg)04/23/2024 Synchro 11 Report Page 1 Lane Group EBL NBL NBT SBT Lane Group Flow (vph) 138 55 1546 2168 v/c Ratio 0.36 0.38 0.43 0.72 Control Delay 49.0 99.6 1.1 21.6 Queue Delay 0.0 124.1 0.1 0.0 Total Delay 49.0 223.7 1.2 21.6 Queue Length 50th (ft) 86 42 8 388 Queue Length 95th (ft) 138 80 9 432 Internal Link Dist (ft) 149 37 168 Turn Bay Length (ft) 20 Base Capacity (vph) 383 145 3613 3022 Starvation Cap Reductn 0 119 667 0 Spillback Cap Reductn 0000 Storage Cap Reductn 0000 Reduced v/c Ratio 0.36 2.12 0.52 0.72 Intersection Summary 320 Queues Existing (2024) - PM 2: PCH & 2nd St (East Leg)04/23/2024 Synchro 11 Report Page 2 Lane Group WBL NBT SBL SBT Lane Group Flow (vph) 43 1580 1 2165 v/c Ratio 0.31 0.52 0.00 0.50 Control Delay 67.2 17.3 54.0 0.3 Queue Delay 0.0 0.4 1.0 0.3 Total Delay 67.2 17.7 55.0 0.6 Queue Length 50th (ft) 30 235 1 0 Queue Length 95th (ft) 63 267 m1 0 Internal Link Dist (ft) 137 262 37 Turn Bay Length (ft)25 Base Capacity (vph) 137 3033 398 4340 Starvation Cap Reductn 0 0 372 1230 Spillback Cap Reductn 0 791 0 0 Storage Cap Reductn 0000 Reduced v/c Ratio 0.31 0.70 0.04 0.70 Intersection Summary m Volume for 95th percentile queue is metered by upstream signal. 321 HCM Signalized Intersection Capacity Analysis Existing (2024) with Project - AM 1: PCH & 2nd Street (West Leg)04/23/2024 Synchro 11 Report Page 1 Movement EBL EBR NBL NBT SBT SBR Lane Configurations Traffic Volume (vph)79 19 36 2038 1161 40 Future Volume (vph)79 19 36 2038 1161 40 Ideal Flow (vphpl)1900 1900 1900 1900 1900 1900 Total Lost time (s)4.5 4.5 4.5 4.5 Lane Util. Factor 1.00 1.00 0.91 0.91 Frt 0.97 1.00 1.00 1.00 Flt Protected 0.96 0.95 1.00 1.00 Satd. Flow (prot)1743 1770 5085 5060 Flt Permitted 0.96 0.95 1.00 1.00 Satd. Flow (perm)1743 1770 5085 5060 Peak-hour factor, PHF 0.97 0.97 0.97 0.97 0.97 0.97 Adj. Flow (vph) 81 20 37 2101 1197 41 RTOR Reduction (vph)000030 Lane Group Flow (vph) 101 0 37 2101 1235 0 Turn Type Prot Prot NA NA Protected Phases 3 4 2 4 6 Permitted Phases Actuated Green, G (s) 21.5 19.5 109.5 85.5 Effective Green, g (s) 21.5 19.5 109.5 85.5 Actuated g/C Ratio 0.15 0.14 0.78 0.61 Clearance Time (s)4.5 4.5 4.5 Lane Grp Cap (vph) 267 246 3977 3090 v/s Ratio Prot c0.06 0.02 c0.41 0.24 v/s Ratio Perm v/c Ratio 0.38 0.15 0.53 0.40 Uniform Delay, d1 53.2 53.0 5.7 14.0 Progression Factor 1.00 1.49 0.10 1.00 Incremental Delay, d2 4.0 0.9 0.4 0.4 Delay (s)57.3 79.8 0.9 14.4 Level of Service E E A B Approach Delay (s) 57.3 2.3 14.4 Approach LOS E A B Intersection Summary HCM 2000 Control Delay 8.2 HCM 2000 Level of Service A HCM 2000 Volume to Capacity ratio 0.52 Actuated Cycle Length (s) 140.0 Sum of lost time (s)13.5 Intersection Capacity Utilization 52.4% ICU Level of Service A Analysis Period (min) 15 c Critical Lane Group 322 HCM Signalized Intersection Capacity Analysis Existing (2024) with Project - AM 2: PCH & 2nd St (East Leg)04/23/2024 Synchro 11 Report Page 2 Movement WBL WBR NBT NBR SBL SBT Lane Configurations Traffic Volume (vph)24 39 2035 10 8 1172 Future Volume (vph)24 39 2035 10 8 1172 Ideal Flow (vphpl)1900 1900 1900 1900 1900 1900 Total Lost time (s)4.5 4.5 4.5 4.5 Lane Util. Factor 1.00 0.91 1.00 0.91 Frt 0.92 1.00 1.00 1.00 Flt Protected 0.98 1.00 0.95 1.00 Satd. Flow (prot)1676 5082 1770 5085 Flt Permitted 0.98 1.00 0.95 1.00 Satd. Flow (perm)1676 5082 1770 5085 Peak-hour factor, PHF 0.97 0.97 0.97 0.97 0.97 0.97 Adj. Flow (vph) 25 40 2098 10 8 1208 RTOR Reduction (vph)000000 Lane Group Flow (vph) 65 0 2108 0 8 1208 Turn Type Prot NA Prot NA Protected Phases 4 2 3 3 6 Permitted Phases Actuated Green, G (s) 19.5 85.5 21.5 111.5 Effective Green, g (s) 19.5 85.5 21.5 111.5 Actuated g/C Ratio 0.14 0.61 0.15 0.80 Clearance Time (s)4.5 4.5 4.5 Lane Grp Cap (vph) 233 3103 271 4049 v/s Ratio Prot c0.04 c0.41 0.00 c0.24 v/s Ratio Perm v/c Ratio 0.28 0.68 0.03 0.30 Uniform Delay, d1 54.0 18.1 50.4 3.8 Progression Factor 1.00 1.00 1.15 0.01 Incremental Delay, d2 3.0 1.2 0.2 0.2 Delay (s)56.9 19.3 58.0 0.2 Level of Service E B E A Approach Delay (s) 56.9 19.3 0.6 Approach LOS E B A Intersection Summary HCM 2000 Control Delay 13.3 HCM 2000 Level of Service B HCM 2000 Volume to Capacity ratio 0.56 Actuated Cycle Length (s) 140.0 Sum of lost time (s)13.5 Intersection Capacity Utilization 51.2% ICU Level of Service A Analysis Period (min) 15 c Critical Lane Group 323 Queues Existing (2024) with Project - AM 1: PCH & 2nd Street (West Leg)04/23/2024 Synchro 11 Report Page 1 Lane Group EBL NBL NBT SBT Lane Group Flow (vph) 101 37 2101 1238 v/c Ratio 0.38 0.15 0.53 0.40 Control Delay 57.9 80.6 0.9 14.4 Queue Delay 0.0 126.0 0.2 0.0 Total Delay 57.9 206.6 1.2 14.4 Queue Length 50th (ft) 67 28 11 160 Queue Length 95th (ft) 115 m41 12 186 Internal Link Dist (ft) 149 37 168 Turn Bay Length (ft) 20 Base Capacity (vph) 267 246 3977 3092 Starvation Cap Reductn 0 220 892 0 Spillback Cap Reductn 0000 Storage Cap Reductn 0000 Reduced v/c Ratio 0.38 1.42 0.68 0.40 Intersection Summary m Volume for 95th percentile queue is metered by upstream signal. 324 Queues Existing (2024) with Project - AM 2: PCH & 2nd St (East Leg)04/23/2024 Synchro 11 Report Page 2 Lane Group WBL NBT SBL SBT Lane Group Flow (vph) 65 2108 8 1208 v/c Ratio 0.28 0.68 0.03 0.30 Control Delay 57.6 19.5 58.4 0.2 Queue Delay 0.0 0.7 9.8 0.1 Total Delay 57.6 20.3 68.1 0.4 Queue Length 50th (ft) 43 355 6 0 Queue Length 95th (ft) 82 396 m15 0 Internal Link Dist (ft) 137 262 37 Turn Bay Length (ft)25 Base Capacity (vph) 233 3102 271 4049 Starvation Cap Reductn 0 0 246 1564 Spillback Cap Reductn 0 586 0 0 Storage Cap Reductn 0000 Reduced v/c Ratio 0.28 0.84 0.32 0.49 Intersection Summary m Volume for 95th percentile queue is metered by upstream signal. 325 HCM Signalized Intersection Capacity Analysis Existing (2024) with Project - PM 1: PCH & 2nd Street (West Leg)04/23/2024 Synchro 11 Report Page 1 Movement EBL EBR NBL NBT SBT SBR Lane Configurations Traffic Volume (vph)73 56 52 1428 1944 55 Future Volume (vph)73 56 52 1428 1944 55 Ideal Flow (vphpl)1900 1900 1900 1900 1900 1900 Total Lost time (s)4.5 4.5 4.5 4.5 Lane Util. Factor 1.00 1.00 0.91 0.91 Frt 0.94 1.00 1.00 1.00 Flt Protected 0.97 0.95 1.00 1.00 Satd. Flow (prot)1705 1770 5085 5064 Flt Permitted 0.97 0.95 1.00 1.00 Satd. Flow (perm)1705 1770 5085 5064 Peak-hour factor, PHF 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 79 61 57 1552 2113 60 RTOR Reduction (vph)000020 Lane Group Flow (vph) 140 0 57 1552 2171 0 Turn Type Prot Prot NA NA Protected Phases 3 4 2 4 6 Permitted Phases Actuated Green, G (s) 31.5 11.5 99.5 83.5 Effective Green, g (s) 31.5 11.5 99.5 83.5 Actuated g/C Ratio 0.22 0.08 0.71 0.60 Clearance Time (s)4.5 4.5 4.5 Lane Grp Cap (vph) 383 145 3613 3020 v/s Ratio Prot c0.08 0.03 c0.31 c0.43 v/s Ratio Perm v/c Ratio 0.37 0.39 0.43 0.72 Uniform Delay, d1 45.8 60.9 8.4 20.0 Progression Factor 1.00 1.50 0.09 1.00 Incremental Delay, d2 2.7 6.8 0.3 1.5 Delay (s)48.5 98.2 1.1 21.5 Level of Service D F A C Approach Delay (s) 48.5 4.5 21.5 Approach LOS D A C Intersection Summary HCM 2000 Control Delay 15.5 HCM 2000 Level of Service B HCM 2000 Volume to Capacity ratio 0.61 Actuated Cycle Length (s) 140.0 Sum of lost time (s)13.5 Intersection Capacity Utilization 58.2% ICU Level of Service B Analysis Period (min) 15 c Critical Lane Group 326 HCM Signalized Intersection Capacity Analysis Existing (2024) with Project - PM 2: PCH & 2nd St (East Leg)04/23/2024 Synchro 11 Report Page 2 Movement WBL WBR NBT NBR SBL SBT Lane Configurations Traffic Volume (vph)34 31 1449 13 8 1992 Future Volume (vph)34 31 1449 13 8 1992 Ideal Flow (vphpl)1900 1900 1900 1900 1900 1900 Total Lost time (s)4.5 4.5 4.5 4.5 Lane Util. Factor 1.00 0.91 1.00 0.91 Frt 0.94 1.00 1.00 1.00 Flt Protected 0.97 1.00 0.95 1.00 Satd. Flow (prot)1698 5079 1770 5085 Flt Permitted 0.97 1.00 0.95 1.00 Satd. Flow (perm)1698 5079 1770 5085 Peak-hour factor, PHF 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 37 34 1575 14 9 2165 RTOR Reduction (vph)001000 Lane Group Flow (vph) 71 0 1588 0 9 2165 Turn Type Prot NA Prot NA Protected Phases 4 2 3 3 6 Permitted Phases Actuated Green, G (s) 11.5 83.5 31.5 119.5 Effective Green, g (s) 11.5 83.5 31.5 119.5 Actuated g/C Ratio 0.08 0.60 0.22 0.85 Clearance Time (s)4.5 4.5 4.5 Lane Grp Cap (vph) 139 3029 398 4340 v/s Ratio Prot c0.04 c0.31 0.01 c0.43 v/s Ratio Perm v/c Ratio 0.51 0.52 0.02 0.50 Uniform Delay, d1 61.6 16.6 42.3 2.6 Progression Factor 1.00 1.00 1.23 0.01 Incremental Delay, d2 12.8 0.7 0.1 0.3 Delay (s)74.3 17.2 52.1 0.3 Level of Service E B D A Approach Delay (s) 74.3 17.2 0.5 Approach LOS E B A Intersection Summary HCM 2000 Control Delay 8.8 HCM 2000 Level of Service A HCM 2000 Volume to Capacity ratio 0.53 Actuated Cycle Length (s) 140.0 Sum of lost time (s)13.5 Intersection Capacity Utilization 50.2% ICU Level of Service A Analysis Period (min) 15 c Critical Lane Group 327 Queues Existing (2024) with Project - PM 1: PCH & 2nd Street (West Leg)04/23/2024 Synchro 11 Report Page 1 Lane Group EBL NBL NBT SBT Lane Group Flow (vph) 140 57 1552 2173 v/c Ratio 0.37 0.39 0.43 0.72 Control Delay 49.1 99.3 1.1 21.6 Queue Delay 0.0 124.0 0.1 0.0 Total Delay 49.1 223.2 1.2 21.7 Queue Length 50th (ft) 87 44 8 390 Queue Length 95th (ft) 140 83 9 434 Internal Link Dist (ft) 149 37 168 Turn Bay Length (ft) 20 Base Capacity (vph) 383 145 3613 3022 Starvation Cap Reductn 0 119 675 0 Spillback Cap Reductn 0 0 0 51 Storage Cap Reductn 0000 Reduced v/c Ratio 0.37 2.19 0.53 0.73 Intersection Summary 328 Queues Existing (2024) with Project - PM 2: PCH & 2nd St (East Leg)04/23/2024 Synchro 11 Report Page 2 Lane Group WBL NBT SBL SBT Lane Group Flow (vph) 71 1589 9 2165 v/c Ratio 0.51 0.52 0.02 0.50 Control Delay 75.1 17.3 52.4 0.3 Queue Delay 0.0 0.4 9.6 0.3 Total Delay 75.1 17.7 62.0 0.6 Queue Length 50th (ft) 50 237 7 0 Queue Length 95th (ft) 93 269 m10 0 Internal Link Dist (ft) 137 262 37 Turn Bay Length (ft)25 Base Capacity (vph) 139 3030 398 4340 Starvation Cap Reductn 0 0 371 1236 Spillback Cap Reductn 0 797 0 0 Storage Cap Reductn 0000 Reduced v/c Ratio 0.51 0.71 0.33 0.70 Intersection Summary m Volume for 95th percentile queue is metered by upstream signal. 329 2831 Camino del Rio South  Suite 214  San Diego, CA 92108 www.enviroapplications.com  Phone: (619) 291-3636  Fax: (619) 291-3639 December 4, 2023 Amir Mikhail South Bay Equity Partners 1721 Stewart Street Santa Monica, CA 90404 Subject: Proposed Maple Tree Academy Summary of Remedial Investigation 204 and 210 Pacific Coast Highway Hermosa Beach, California 90254 EnviroApplications, Inc., (EAI) has prepared this letter to summarize the environmental assessment work conducted at the vacant commercial property located at the northeast corner of Pacific Coast Highway and 2nd Street in Hermosa Beach, California. EAI’s assessment work consisted of the review of previous Phase I and Phase II environmental assessments performed by other parties, observation of self-directed mitigation/remediation activities performed by the prior property owner, and subsequent collection of post-remedial excavation soil samples for laboratory analytical testing. The purpose of post remedial excavation sampling was to verify removal and assess any remaining contaminant concentrations. In addition, EAI performed indoor and outdoor (i.e., ambient) air sampling to verify breathing zone conditions at the property. This sampling indicated that indoor air at the property is essentially identical to ambient conditions in the site vicinity and does not appear to be impacted by prior site use. Based on the results of our investigation activities as described in this letter, the current site conditions, and the intended use of the property, no further investigation or mitigation appears to be warranted at this time. If you have questions, please contact the undersigned at (619) 291-3636. Sincerely, EnviroApplications, Inc. Bernard Sentianin, PG 5530 Senior Geologist SUPPLEMENTAL INFORMATION VI.c 330 November 30, 2020 Andrew Krajacic Grand Property Group 130 Pine Avenue, Suite 202 Long Beach, CA 90802 Subject: Summary of Remedial Excavation and Confirmation Sampling 204 and 210 Pacific Coast Highway Hermosa Beach, California 90254 EAI Project No. 80.FELDER1.20 EnviroApplications, Inc., (EAI) has prepared this report to document the results of remedial excavations and confirmation soil sampling conducted at the vacant commercial property located at the northeast corner of Pacific Coast Highway and 2nd Street in Hermosa Beach, California (Figures 1 and 2). The remedial excavation work was performed by our client (Grand Property Group) and client’s subcontractors. EAI observed the results of the excavations and collected confirmation soil samples to assess the vertical extent of possible impacted soil and to assist in disposing of waste soils not suitable for reuse on site. This report contains details on the scope of work performed including background information, as well as EAI’s observations, findings and conclusions. BACKGROUND A Draft Phase 1 Environmental Site Assessment (ESA) Report was prepared for the subject property by Geo Forward in July of 2019. The following are the notable findings of the Draft Phase 1 ESA as reported by Geo Forward: • The Subject Site is approximately 11,000 square feet (sq.ft.) and located within a mixed commercial and residential area that is characterized by single- and multi-family residences, retail stores and restaurants. • The Subject Site was occupied by an automotive repair and body shop from at least 1978 until approximately 2018. • Based on visual observations during the Phase 1 ESA site reconnaissance and Phase 2 ESA geophysical survey, the Subject Site has been equipped with: a sump and floor drain network with an outbound sump; an unknown subsurface vertical unlined conduit (unknown pit) potentially used for liquid-waste dumping; at least two (2) abandoned in place subsurface hydraulic lifts; a potential subsurface storage tank or septic tank system with cesspool/leach system; and a spray paint booth. Additional observations of these items were made based on existing site marks from prior geophysical surveys by others, and interviews with site managers. Each of these items were identified as recognized environmental conditions (REC) for the Subject Site. • During historical site operations, hazardous materials were generated, used, and stored in connection with the on-site activities. The long-term storage, use, and generation of hazardous materials in connection with the auto shop activities and items above is identified as an REC for the Subject Site. 331 Remedial Excavation and Confirmation Sampling Results November 30, 2020 204 and 210 Pacific Coast Highway, Hermosa Beach, CA Page 2 • Fire department records additionally identified a two-stage clarifier (which was used as an oil/water separator) on the Subject Site. The age and location of this clarifier is unknown. However, it may be the same subsurface anomaly mentioned above (a potential subsurface storage tank or septic tank system). Nonetheless, this was identified as a REC. • The potential subsurface storage tank or septic tank system mentioned above has the potential to act as a migratory pathway for hazardous wastes into the subsurface of the Subject Site. Based on the results of their Phase I ESA, Geo Forward conducted a Limited Phase 2 Subsurface Investigation in July 2019 to determine if the subsurface soil and soil-gas had been impacted by VOCs, TPH, metals and PCBs originating from the former automotive repair facility. A Geophysical Survey was also performed to identify possible subsurface features associated with the former automotive repair facility. The scope of the investigation conducted by Geo Forward included a total of nine (9) boreholes, and the sampling of shallow soil and soil-gas. The results of the investigation were reported as follows: • No TPH, VOCs or PCBs in soil were reported above their respective screening levels. • One (1) soil sample contained a concentration of lead and thallium greater than background concentrations. Neither the lead nor thallium detection in soil were above their respective CHHSLs values. And one of the other detected CAM17 Metals were found to be above “background concentrations” or their respective CHHSL values. • No Gasoline Range Organics were detected in any of the soil-gas samples analyzed. • One soil-gas concentration of PCE was reported above both residential and commercial DTSC HERO Note 3 Screening Levels. No other VOC detections in soil-gas were reported above their respective DTSC HERO Note 3 Screening Levels. The detections of lead and thallium in soil which exceeded background levels, as well as the detection of PCE in soil-gas which exceeded DTSC HERO Note 3 Screening Levels were observed in borehole B2, which was advanced adjacent to the unknown subsurface vertical unlined conduit (unknown pit). REMEDIAL EXCAVATIONS Based on the results of the investigations conducted by Geo Forward, the following three areas of concern were targeted by the EAI and the Client for follow up investigation and possible mitigation: 1) A possible hydraulic lift location located outside the northern shop entrance (identified as Lift on Figure 3). 2) A possible underground tank location inside the southwestern portion of the former shop area (identified as Pit 1 on Figure 3). 3) A possible sump/vertical conduit located in the northwestern portion of the former shop area (identified as Pit 2 on Figure 3). In preparation for the follow up investigation, the three areas noted above were excavated by the Client’s subcontractors in April 2020 to expose the potential areas of concern. These preliminary excavations measured approximately 7 feet wide by 9 feet long. The depths of the excavations were 5 feet (Pit 1), 6 feet (Pit 2), and 7 feet (Lift location) below ground surface (bgs). Soil generated from the excavations was stockpiled on site pending sampling and profiling for subsequent off-site disposal or possible reuse on site. 332 Remedial Excavation and Confirmation Sampling Results November 30, 2020 204 and 210 Pacific Coast Highway, Hermosa Beach, CA Page 3 EXCAVATION SAMPLING EAI observed the excavation locations prior to and after the excavation work was performed by Client’s subcontractors. Soil samples collected at all locations were obtained/collected using hand tools and placed in laboratory supplied glass jars with Teflon-lined lids. Upon collection of each sample, the, samples were labeled, sealed with custody tape, and placed in a chilled cooler. The samples were then transported under chain of custody documentation to Eurofins Calscience in Garden Grove, California for laboratory analysis. Hydraulic Lift Excavation The excavation at this location exposed one, single-cylinder hydraulic lift. Upon inspection it was noted that the lift reservoir was intact, and no hydraulic oil leakage or oil-stained soil were observed. On May 5, 2020, EAI collected confirmation soil samples from the excavated area and associated soil stockpile. Sample #Lift 1 was collected at the base of the excavation beneath the former lift location at a depth of 7 feet bgs. Sample #Lift SP was collected from the soil stockpile. Soil samples collected from the lift excavation and associated stockpile were analyzed by the following analytical methods: • Total Petroleum Hydrocarbons – Carbon Chain (TPH-CC) by USEPA Test Method 8015M. • Polychlorinated Biphenyls (PCB) by USEPA Test Method 8082. Complete laboratory analytical reports and chain-of-custody documentation are attached. The results of the laboratory analytical testing indicated no detectable concentrations of TPH-CC or PCB in sample #Lift 1 and only 8.1 milligrams per kilogram (mg/kg) TPH-CC and no PCB in sample #Lift SP. Laboratory analytical results are summarized in Table 1 (attached). The hydraulic lift was subsequently transported to Action Sales and Metalco, Inc., in Wilmington, CA for recycling on August 3, 2020. Suspected Underground Tank Location (Pit 1) The excavation at the Pit 1 location showed no indication of an underground storage tank. This was supported by a geophysical survey conducted by GPRS Subsurface Scanning Solutions (report attached) on May 1, 2020. No stained soil or hydrocarbon odor were noted in the excavation. On May 5, 2020, EAI collected confirmation soil samples from the excavated area and associated soil stockpile. Sample #Pit 1 was collected at the base of the excavation at a depth of 5 feet bgs. Sample #Pit 1 SP was collected from the soil stockpile. Soil samples collected from the Pit 1 excavation and associated stockpile were analyzed by the following analytical methods: • TPH-CC by USEPA Test Method 8015M. • Title 22 Metals by USEPA Test Method 6010B/7471A. • Volatile Organic Compounds (VOC) by USEPA Test Method 8260. Complete laboratory analytical reports and chain-of-custody documentation are attached. 333 Remedial Excavation and Confirmation Sampling Results November 30, 2020 204 and 210 Pacific Coast Highway, Hermosa Beach, CA Page 4 The results of the laboratory analytical testing indicated no detectable concentrations of TPH-CC or VOC in sample #Pit 1 and only 200 mg/kg TPH-CC and no VOC in sample #Pit 1 SP. Title 22 Metals concentrations in both samples appeared reflective of naturally occurring or background concentrations and did not exceed regulatory thresholds. Laboratory analytical results are summarized in Table 1 (attached). Sump/Drywell Location (Pit 2) The Pit 2 excavation exposed the sump and the associated drywell. The sump consisted of a concrete box just below the surface with a short section of iron pipe leading to the adjacent vertical concrete drywell. The drywell was a section of concrete pipe, approximately 2 feet in diameter and 20 feet in length. On May 5, 2020, EAI collected confirmation soil samples from the excavated area and associated soil stockpile. Sample #Pit 2 was collected at the base of the excavation at a depth of 6 feet bgs. Sample Pit 2 Drywell was collected at the bottom of the drywell at a depth of 16 feet bgs. Samples #Pit 2 SP-A and #Pit 2 SP-B was collected from the soil stockpile. Soil samples collected from the Pit 2 excavation and associated stockpile were analyzed by the following analytical methods: • TPH-CC by USEPA Test Method 8015M. • Title 22 Metals by USEPA Test Method 6010B/7471A. • Volatile Organic Compounds (VOC) by USEPA Test Method 8260. Complete laboratory analytical reports and chain-of-custody documentation are attached. The results of the laboratory analytical testing indicated 28,000 mg/kg TPH-CC in sample #Pit 2 and 35,000 mg/kg TPH-CC #Pit 2 Drywell. Sample results for #Pit 2 SP-A and #Pit 2 SP-B indicated 10,000 mg/kg and 12,000 mg/kg TPH-CC, respectively. Reported VOC concentrations included 2,300 micrograms per kilogram (ug/kg) Tetrachloroethene (PCE) is sample #Pit 2 and 11,000 ug/kg PCE in sample #Pit 2 Drywell. PCE concentrations in Samples #Pit 2 SP-A and #Pit 2 SP-B were 580 ug/kg and 1,100 ug/kg, respectively. Title 22 Metals concentrations in both samples appeared reflective of naturally occurring or background concentrations, except for lead in samples #Pit 2 Drywell (10,200 mg/kg), #Pit 2 SP-A (541 mg/kg), and #SP-B (983 mg/kg). In addition, anomalously high concentrations of cadmium (138 mg/kg), chromium (308 mg/kg), and copper (648 mg/kg) were reported in sample #Pit2 Drywell. Laboratory analytical results are summarized in Table 1 (attached). ADDITIONAL EXCAVATION SAMPLING After initial laboratory analytical data confirmed elevated concentrations of TPH-CC, VOC, and metals in Pit 2 and the Pit 2 Drywell soil samples collected, additional excavation of impacted soil was undertaken in those areas by Client’s subcontractors. The bottom of Pit 2 was extended an additional 2 feet (total depth of 8 feet bgs) and soil removal within the Pit 2 Drywell extended an additional 9 feet (total depth 25 feet). The east sidewall adjacent to Pit 2 drywell was extended approximately 3 feet in width. 334 Remedial Excavation and Confirmation Sampling Results November 30, 2020 204 and 210 Pacific Coast Highway, Hermosa Beach, CA Page 5 EAI returned to the subject property on June 6, 2020, to collect additional soil samples from the excavated areas. Sample #Pit 2 BTM 8’ was collected at the base of the Pit 2 excavation and sample # Pit 2 Drywell 25’ was collected at the base of the extended Pit 2 Drywell excavation. Sample #Pit 2 ESW was collected at a depth of 6 feet from the extended eastern sidewall of the Pit 2 excavation. Additional samples were also collected from existing stockpiled soil at the request of the soil disposal contractor, Belshire Environmental Services, Inc., (Belshire) for disposal profiling. These included samples #Pit 2 SP-A, #Pit 2 SP-B, #Pit 2 Drywell, and #Pit 2 6’. With the exception of Samples #Pit 2 SP-A, #Pit 2 SP-B, #Pit 2 Drywell, soil samples collected were analyzed by the following analytical methods: • TPH-CC by USEPA Test Method 8015M. • Title 22 Metals by USEPA Test Method 6010B/7471A. • Volatile Organic Compounds (VOC) by USEPA Test Method 8260. Samples #Pit 2 SP-A, #Pit 2 SP-B, were analyzed for soluble lead and sample #Pit 2 Drywell was analyzed for soluble cadmium, chromium, copper, and lead by the following methods: • Soluble Threshold Limit Concentration (STLC) • Toxicity Characteristic Leaching Procedure (TCLP) Complete laboratory analytical reports and chain-of-custody documentation are attached. The results of the laboratory analytical testing indicated 3,100 mg/kg TPH-CC in sample #Pit 2 BTM 8’ and 5200 mg/kg TPH-CC #Pit 2 Drywell 25’. Sample results for #Pit 2 ESW indicated 630 mg/kg TPH-CC. A VOC concentration of 20 ug/kg PCE was reported in sample #Pit 2 BTM 8’. No detectable concentrations of PCE were reported in samples #Pit 2 Drywell 25’ or #Pit 2 ESW. Title 22 Metals concentrations in both samples appeared reflective of naturally occurring or background concentrations, except for lead in samples #Pit 2 BTM 8’ (76.3 mg/kg). Laboratory analytical results are summarized in Table 1 (attached). Based on the laboratory analytical data confirming elevated concentrations of TPH-CC in Pit 2 and the Pit 2 Drywell remained, additional excavation of impacted soil was undertaken in those areas by Client’s subcontractors. The bottom of Pit 2 was extended an additional 2 feet (total depth of 10 feet bgs) and soil removal within the Pit 2 Drywell extended an additional 4 feet (total depth 29 feet). EAI returned to the subject property on June 22, 2020, to collect additional soil samples from the excavated areas. Sample #Pit 2 BTM 10’ was collected at the base of the Pit 2 excavation and sample # Pit 2 Drywell 29’ was collected at the base of the extended Pit 2 Drywell excavation. A hand auger was used to collect an additional sample (#Pit 2 BTM 12’), 2 feet below the bottom of the Pit 2 excavation, as a precaution in case additional excavation was necessary. Soil samples collected were analyzed by the following analytical methods: • TPH-CC by USEPA Test Method 8015M. • Title 22 Metals by USEPA Test Method 6010B/7471A. • Volatile Organic Compounds (VOC) by USEPA Test Method 8260. 335 Remedial Excavation and Confirmation Sampling Results November 30, 2020 204 and 210 Pacific Coast Highway, Hermosa Beach, CA Page 6 Complete laboratory analytical reports and chain-of-custody documentation are attached. The results of the laboratory analytical testing indicated 1,700 mg/kg TPH-CC in sample #Pit 2 BTM 10’, 970 mg/kg TPH-CC in sample #Pit 2 BTM 12’and 150 mg/kg TPH-CC #Pit 2 Drywell 29’. VOC concentrations of 5.7 ug/kg PCE was reported in sample #Pit 2 BTM 10’ and 14 ug/kg PCE in sample #Pit 2 BTM 12’. No detectable concentrations of PCE were reported in sample #Pit 2 Drywell 29’. Title 22 Metals concentrations in all three samples appeared reflective of naturally occurring or background concentrations. Laboratory analytical results are summarized in Table 1 (attached). Based on the results of confirmation sampling, the vertical extent of impacted soil appeared to have been delineated, and no additional soil removal was deemed warranted. Therefore, the excavations were subsequently backfilled. EXCAVATION BACKFILL Clean backfill soil was imported from BD White Topsoil in Torrance, CA. From May 27, 2020, through July 13, 2020, 50 cubic yards of soil was imported and used to backfill the excavations on site, along with the approximately 15 cubic yards of clean stockpiled soil from the hydraulic lift excavation and the 12 cubic yards of clean stockpiled soil from the Pit 1 excavation. TRANSPORTION AND DISPOSAL OF IMPACTED SOIL Soil from the several soil stockpiles on site was profiled for disposal and appropriate disposal options and shipping containers (steel roll-off bins) were provided by Belshire. On May 27, 2020, approximately 18 cubic yards of TPH-impacted soil were transported by Belshire. to the Soil Recycling facility at Soil Safe in Adelanto, California. The waste manifest and landfill weight ticked are attached. On July 7, 2020, an additional 18 cubic yards of TPH and solvent-impacted soil was transported by Belshire to the Soil Recycling facility at Soil Safe in Adelanto, California. The waste manifest and landfill weight ticked are attached. On November 3, 2020, approximately 18 cubic yards of PCE and lead-impacted soil were transported by Belshire Environmental Services, Inc. to the Class I disposal facility at U.S. Ecology in Beatty, Nevada. The waste manifest and landfill weight ticked are attached. CONCLUSIONS AND RECOMMENDATIONS Potential chemicals of concern detected in site soils during this investigation were compared to the United States Environmental Protection Agency (USEPA) Region IX, Regional Screening Levels (RSLs) (USEPA, 2020) and Department of Toxic Substances Control (DTSC), Human Health Risk Assessment (HERO) Note 3 – DTSC-Modified Screening Levels for Soil, dated June 2020. None of the remaining concentrations of soil contaminants detected at the subject property exceed their respective commercial screening levels (Table 1). 336 Remedial Excavation and Confirmation Sampling Results November 30, 2020 204 and 210 Pacific Coast Highway, Hermosa Beach, CA Page 7 EAI performed a limited investigation at the subject property, which consisted of the collection of soil samples for laboratory analytical testing for the purposes of characterization and excavation confirmation. Based on the results of our investigation activities as described in this report, and on the intended use of the property for commercial purposes, no further investigation or mitigation appears to be warranted at this time. LIMITATIONS Findings provided herein have been derived in accordance with current standards of practice, and no warranty is expressed or implied. Standards of practice are subject to change with time. This report has been prepared for the sole use of Grand Property Group (Client). Client and their lenders may rely on this report (collectively, "Reliance Parties"). Site conditions, land use (both onsite and offsite), or other factors may change due to manmade influences, and additional work may be required with the passage of time. This evaluation should not be relied upon by other parties without the express written consent of EAI or Client; therefore, any use or reliance upon this environmental evaluation by a party other than the Client or the Reliance Parties, shall be solely at the risk of such third party and without legal recourse against EAI, its employees, officers, or directors, regardless of whether the action in which recovery of damages is brought or based upon contract, tort, statue, or otherwise. This report contains information which may be used in the preparation of contract specifications; however, the report is not designed as a specification document, and may not contain sufficient information for use without additional assessment. EAI assumes no responsibility or liability for work or testing performed by others. If you have questions, please contact the undersigned at (805) 987-8728. Sincerely, EnviroApplications, Inc. Bernard Sentianin, PG 5530 Senior Geologist Attachments: Table Figures Photos GPRS Geophysical Survey Laboratory Analytical Data Disposal Manifests and Weight Tickets 337 EPA Test Method 8015 EPA Test Method 8082 TPH As Cd Cu Cr Pb Cd Cu Cr Pb Cd Cu Cr Pb PCB B T E X PCE TCE (reported as mg/kg)(reported as µg/kg) Lift 1 5/5/20 Hoist Excavation BTM 7 ND NT NT NT NT NT NT NT NT NT NT NT NT NT ND ND ND ND ND ND ND Lift SP 5/5/20 Hoist Spoils Pile 0-1 8.1 NT NT NT NT NT NT NT NT NT NT NT NT NT ND ND ND ND ND ND ND Pit 1 5/5/20 Pit #1 Excavation BTM 5 ND 1.75 ND 3.41 10.7 1.69 NT NT NT NT NT NT NT NT NT ND ND ND ND ND ND Pit 1 SP 5/5/20 Pit #1 Spoils Pile 0-1 200 ND ND 7.03 8.82 31 NT NT NT NT NT NT NT NT NT ND ND ND ND ND ND Pit 2 5/5/20 Pit #2 Excavation BTM 6 28000 ND ND 6.56 18.3 38.4 NT NT NT NT NT NT NT NT NT ND ND ND ND 2300 ND Pit 2 Drywell 5/5/20 Drywell Excavation 16 35000 18.6 138 648 308 10200 ND 8.51 0.613 42.3 1.25 19.1 1.56 451 NT ND ND ND ND 11000 ND Pit 2 SP A 5/5/20 Pit #2 Spoils Pile A 0-1 10000 4.01 2.03 59.7 29.5 541 NT NT NT 0.791 NT NT NT 58.6 NT ND 790 ND 7500 580 ND Pit 2 SP B 5/5/20 Pit #2 Spoils Pile B 0-1 12000 5.68 2.69 79.2 23.3 983 NT NT NT ND NT NT NT 21.2 NT ND 3000 ND 9200 1100 ND Pit 2 Drywell 6/8/20 Drywell Excavation 25 520 1.36 ND 5.32 10.4 42.5 NT NT NT NT NT NT NT NT NT ND ND ND ND ND ND Pit 2 BTM 6/8/20 Pit #2 Excavation BTM 8 3100 3.1 ND 8.34 23.4 76.3 NT NT NT NT NT NT NT NT NT ND ND ND ND 20 ND Pit 2 ESW 6/8/20 Pit #2 ESW 6 630 ND ND 5.53 13.2 41.5 NT NT NT NT NT NT NT NT NT ND ND ND ND ND ND Pit 2 BTM 6/22/20 Pit #2 Excavation BTM 10 1700 2.51 0.59 8 35.9 48.9 NT NT NT NT NT NT NT NT NT ND ND ND ND 5.7 ND Pit 2 BTM 6/22/20 Pit #2 Excavation BTM 12 970 2.66 ND 3.73 12.6 12.7 NT NT NT NT NT NT NT NT NT ND ND ND ND 14 ND Pit 2 Drywell 6/22/20 Drywell Excavation 29 150 0.981 ND 3.11 3.11 9.75 NT NT NT NT NT NT NT NT NT ND ND ND ND ND ND 2400**12***71**3100 NA 80**NA NA NA NA NA NA NA NA 18 330 1,100,000**580 580,000 590**940 18000**12***780**47000 NA 320**NA NA NA NA NA NA NA NA 77 1400**5,300,000**25,000 25000000 2700**6,000 NA NA NA NA NA NA NA NA NA NA 1 25 5 5 NA NA NA NA NA NA NA NA NA NA NA NA NA 1 NA 5 5 NA NA NA NA NA NA NA NA NA NA NA 5-500 0.5 0.5 0.5 0.5 0.7 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 2.2-50 4.3 4.3 4.3 4.3 4.3 4.3 bgs = below ground surface; EPA = Environmental Protection Agency; ft = feet; ID = identification; ND = "non-detect" or less than the laboratory reporting limit; NA = Not Applicable, mg/kg = milligrams per kilogram; µg/kg = micrograms per kilogram. NOTE: only chemicals of concern are shown; complete laboratory analytical results are provided as a report attachment; * Direct Exposure Human Health Risk Levels - Shallow Soil Exposure; **=DTSC-modifed Sceening Levels (SLs), Table 1, Release date: June 2020.s; ***=DTSC School Site Screening Level = Department of Toxic Substances Control, Interim Guidance for Sampling Agricultural Properties, August 2008.TPH = Total Petroleum Hydrocarbons, VOCs = Volatile Organic Compounds; TCLP = Toxicity Characteristic Leaching Procedure, STLC = Soluble Threshold Limit Concentration. USEPA RSL = Regional Screening Level (RSL) Summary Soil Table (TR=1E-06, HQ=1) May 2020; NOTE: only chemicals of concern are shown; complete laboratory analytical results are provided as a report attachment. Laboratory Reporting Limits Title 22 CCR, Chapter 11, Article 3 40 CFR § 261.24 - Toxicity Characteristic TABLE 1 Soil Sample Results Sample ID Depth (feet bgs) Screening Level (Commercial) USEPA-RSL * Title 22 Metals (reported as mg/kg) EPA Test Method 8260B (reported as µg/kg) Date Sampled Screening Level (Residential) USEPA-RSL * TCLP (reported as mg/l) Location STLC (reported as mg/l) Page 1 of 1 338 Scale: 1" = 1700' SITE LOCATION MAP Commercial Property 204 – 210 Pacific Coast Highway Hermosa Beach, CA 90254 Source: USGS, Redondo Beach (1981)Date: 11-19-2020 Bernie Sentianin, PG Revision: 1 Client: 2831 Camino Del Rio South, Suite 214 San Diego, CA 92108-3828 Project No.: 80.FELDER1.20 Relative Location By: Site Location FIGURE 1GRAND PROPERTY GROUP 339 Scale: 1" = 50' AERIAL SITE MAP Commercial Property 204 – 210 Pacific Coast Highway Hermosa Beach, CA 90254 Source: GoogleEarth (2018)Date: 11-19-2020 Bernie Sentianin, PG Revision: 1 Client: 2831 Camino Del Rio South, Suite 214 San Diego, CA 92108-3828 Project No.: 80.FELDER1.20 Relative Location By: Subject Property FIGURE 2GRAND PROPERTY GROUP 340 Scale: 1" = 30' SAMPLE LOCATION MAP Commercial Property 204 – 210 Pacific Coast Highway Hermosa Beach, CA 90254 Source: GoogleEarth (2018)Date: 11-19-2020 Bernie Sentianin, PG Revision: 1 Client: 2831 Camino Del Rio South, Suite 214 San Diego, CA 92108-3828 Project No.: 80.FELDER1.20 Relative Location By: FIGURE 3GRAND PROPERTY GROUP LEGEND Excavation Spoils Pile Hydraulic Lift (removed) Drywell Lift 1 Lift 1 SP Pit 2 ESW Pit 2 DrywellPit 2 Pit 2 SP Pit 1 SPPit 1 341 ENVIROAPPLICATIONS, INC. PHOTOGRAPHIC RECORD Client:Grand Property Group Job Number:80.FELDER1.19 Photographer:Bernard Sentianin Date:November 30, 2020 Pit 1 located in southwest corner of former shop building. No underground tank was observed in this location. Subject Name:Former Felder Automotive Location:204 and 210 Pacific Coast Highway, Hermosa Beach, Ca Hydraulic lift removal and excavation north of former shop building. Photograph No. 1 of 12 Photograph No. 2 of 12 Felder Auto Photos ATTACHMENT 1 342 ENVIROAPPLICATIONS, INC. PHOTOGRAPHIC RECORD Client:Grand Property Group Job Number:80.FELDER1.19 Photographer:Bernard Sentianin Date:November 30, 2020 Geophysical survey of Pit 1 bottom. No underground tank was identified by the survey. Photograph No. 4 of 12 Pit 2 and sump/drywell location in northwestern portion of former shop area. Subject Name:Former Felder Automotive Location:204 and 210 Pacific Coast Highway, Hermosa Beach, Ca Photograph No. 3 of 12 Felder Auto Photos ATTACHMENT 1 343 ENVIROAPPLICATIONS, INC. PHOTOGRAPHIC RECORD Client:Grand Property Group Job Number:80.FELDER1.19 Photographer:Bernard Sentianin Date:November 30, 2020 Pit 2 excavation and drywell location fully exposed and excavated. Photograph No. 6 of 12 Soil stockpiles excavated from Pits 1 and 2 awaiting profiling for off-site disposal. Subject Name:Former Felder Automotive Location:204 and 210 Pacific Coast Highway, Hermosa Beach, Ca Photograph No. 5 of 12 Felder Auto Photos ATTACHMENT 1 344 ENVIROAPPLICATIONS, INC. PHOTOGRAPHIC RECORD Client:Grand Property Group Job Number:80.FELDER1.19 Photographer:Bernard Sentianin Date:November 30, 2020 Hydraulic lift excavation backfilled. Storage bin in backgound contains soil excavated from Pit 2. Photograph No. 8 of 12 Pit 1 backfilled. Subject Name:Former Felder Automotive Location:204 and 210 Pacific Coast Highway, Hermosa Beach, Ca Photograph No. 7 of 12 Felder Auto Photos ATTACHMENT 1 345 ENVIROAPPLICATIONS, INC. PHOTOGRAPHIC RECORD Client:Grand Property Group Job Number:80.FELDER1.19 Photographer:Bernard Sentianin Date:November 30, 2020 Soil stockpiles removed from shop area and containerized for off-site disposal. Photograph No. 10 of 12 Pouring concrete over former hydraulic lift excavation. Subject Name:Former Felder Automotive Location:204 and 210 Pacific Coast Highway, Hermosa Beach, Ca Photograph No. 9 of 12 Felder Auto Photos ATTACHMENT 1 346 ENVIROAPPLICATIONS, INC. PHOTOGRAPHIC RECORD Client:Grand Property Group Job Number:80.FELDER1.19 Photographer:Bernard Sentianin Date:November 30, 2020 Concrete patch completed at Pit 1. Photograph No. 12 of 12 Concrete patch completed at Pit 2. Subject Name:Former Felder Automotive Location:204 and 210 Pacific Coast Highway, Hermosa Beach, Ca Photograph No. 11 of 12 Felder Auto Photos ATTACHMENT 1 347 GRAND PROPERTY GROUPCustomer Phone Number (714) 394-5383 130 PINE AVE Job Details City LONG BEACH State CA Zip 90802 City Hermosa Beach State CA Jobsite Location 210 North Pacific coast highway 191874 Job Num PO Num WA Number Lead Technician NEWELL, MIKE Phone 949-441-9394 Email mike.newell@gprsinc.com Thank you for using GPRS on your project. We appreciate the opportunity to work with you. If you have questions regarding the results of this scanning, please contact the lead GPRS technician on this project. Billing Address EQUIPMENT USED The following equipment was used on this project: x Underground Scanning GPR antenna. Typically capable of detecting objects up to 8' deep or more in ideal conditions but maximum effective depth can vary widely and depends on site and soil conditions. Depth penetration is most commonly limited by moisture and clay/conductive soils. x Electromagnetic Pipe and Cable Locator. Detects electromagnetic fields. Used to actively trace conductive pipes and tracer wires, or passively detect power and radio signals traveling along conductive pipes and utilities. Work Performed Ground Penetrating Radar Systems performed the following work on this project: Underground Tanks The scope of work included scanning the designated area to attempt to locate evidence of underground storage tanks and/or UST removal excavations. The locations of any UST's, associated piping, or excavations detected were marked with paint, flags, or other appropriate means, and results were reviewed with onsite personnel unless otherwise noted. The ability to locate these objects depends on the maximum depth penetration and soil conditions and non-metallic tanks can be especially difficult to locate. x Attempting to locate any evidence of tank onsite. x The effective depth of GPR will vary throughout a site depending on surface and soil conditions. In this area, the maximum effective GPR depth was approximately 4 feet. x Gpr did not gather any evidence of potential tank on premises. Client dug 5’ hole to scan in and around. No evidence in any location of potential tank. Pictures Page 1 of 3 Job Date :5/1/2020 Job Summary 348 Utility Limitations TERMS & CONDITIONS Page 2 of 3 Job Date :5/1/2020 Job Summary 349 http://www.gprsinc.com/termsandconditions.html SIGNATURE Contact Name Andrew (714) 394-5383 Akrajacic@fortashford.com Page 3 of 3 Job Date :5/1/2020 Job Summary 350 ANALYTICAL REPORT Eurofins Calscience LLC 7440 Lincoln Way Garden Grove, CA 92841 Tel: (714)895-5494 Laboratory Job ID: 570-27442-1 Client Project/Site: Felder Automotive For: EnviroApplications, Inc. 2831 Camino Del Rio South Suite 214 San Diego, California 92108 Attn: Bernard Sentianin Authorized for release by: 5/11/2020 2:10:28 PM Sandy Tat, Project Manager I (714)895-5494 sandytat@eurofinsus.com The test results in this report meet all 2003 NELAC and 2009 TNI requirements for accredited parameters, exceptions are noted in this report. This report may not be reproduced except in full, and with written approval from the laboratory. For questions please contact the Project Manager at the e-mail address or telephone number listed on this page. This report has been electronically signed and authorized by the signatory. Electronic signature is intended to be the legally binding equivalent of a traditionally handwritten signature. Results relate only to the items tested and the sample(s) as received by the laboratory. 1 2 3 4 5 6 7 8 9 10 11 351 Table of Contents Client: EnviroApplications, Inc. Project/Site: Felder Automotive Laboratory Job ID: 570-27442-1 Page 2 of 47 Eurofins Calscience LLC5/11/2020 Cover Page . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1 Table of Contents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 Case Narrative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 Sample Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 Client Sample Results . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 QC Sample Results . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 QC Association Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40 Method Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44 Definitions/Glossary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45 Chain of Custody . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .46 Receipt Checklists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47 1 2 3 4 5 6 7 8 9 10 11 352 Case Narrative Client: EnviroApplications, Inc.Job ID: 570-27442-1 Project/Site: Felder Automotive Job ID: 570-27442-1 Laboratory: Eurofins Calscience LLC Narrative Job Narrative 570-27442-1 Comments No additional comments. Receipt The samples were received on 5/5/2020 9:26 AM; the samples arrived in good condition, properly preserved and, where required, on ice. The temperature of the cooler at receipt was 2.6º C. GC/MS VOA Method 8260B: The matrix spike / matrix spike duplicate (MS/MSD) recoveries for preparation batch 570-67275 and analytical batch 570-67238 were outside control limits. Sample matrix interference is suspected because the associated laboratory control sample (LCS) recovery was within acceptance limits. Method 8260B: The matrix spike / matrix spike duplicate (MS/MSD) recoveries and precision for preparation batch 570-67274 and analytical batch 570-67236 were outside control limits. Sample matrix interference and/or non-homogeneity are suspected because the associated laboratory control sample / laboratory sample control duplicate (LCS/LCSD) precision was within acceptance limits. No additional analytical or quality issues were noted, other than those described above or in the Definitions/Glossary page. GC Semi VOA 8015B: The total concentration includes individual carbon range concentrations (estimated), if any, below the RL reported as ND. No analytical or quality issues were noted, other than those described in the Definitions/Glossary page. GC Semi VOA No analytical or quality issues were noted, other than those described in the Definitions/Glossary page. Metals Method 6010B: The matrix spike / matrix spike duplicate (MS/MSD) recoveries for preparation batch 570-67683 and analytical batch 570-67860 were outside control limits. Sample matrix interference and/or non-homogeneity are suspected because the associated laboratory control sample (LCS) recovery was within acceptance limits. No additional analytical or quality issues were noted, other than those described above or in the Definitions/Glossary page. Organic Prep No analytical or quality issues were noted, other than those described in the Definitions/Glossary page. VOA Prep No analytical or quality issues were noted, other than those described in the Definitions/Glossary page. Eurofins Calscience LLCPage 3 of 47 5/11/2020 1 2 3 4 5 6 7 8 9 10 11 353 Sample Summary Job ID: 570-27442-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Lab Sample ID Client Sample ID ReceivedCollectedMatrix Asset ID 570-27442-1 LIFT 1 Solid 05/05/20 07:39 05/05/20 09:26 570-27442-2 LIFT SP Solid 05/05/20 07:42 05/05/20 09:26 570-27442-3 PIT 1 Solid 05/05/20 07:52 05/05/20 09:26 570-27442-4 PIT 1 SP Solid 05/05/20 07:54 05/05/20 09:26 570-27442-5 PIT 2 Solid 05/05/20 08:08 05/05/20 09:26 570-27442-6 PIT 2 DRYWELL Solid 05/05/20 08:25 05/05/20 09:26 570-27442-7 PIT 2 SPA Solid 05/05/20 08:31 05/05/20 09:26 570-27442-8 PIT 2 SPB Solid 05/05/20 08:35 05/05/20 09:26 Eurofins Calscience LLC Page 4 of 47 5/11/2020 1 2 3 4 5 6 7 8 9 10 11 354 Client Sample Results Job ID: 570-27442-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Method: 8260B - Volatile Organic Compounds (GC/MS) Lab Sample ID: 570-27442-3Client Sample ID: PIT 1 Matrix: SolidDate Collected: 05/05/20 07:52 Date Received: 05/05/20 09:26 RL Acetone ND 49 ug/Kg 05/06/20 10:26 05/06/20 11:12 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 4.9 ug/Kg 05/06/20 10:26 05/06/20 11:12 1BenzeneND 4.9 ug/Kg 05/06/20 10:26 05/06/20 11:12 1BromobenzeneND 4.9 ug/Kg 05/06/20 10:26 05/06/20 11:12 1BromochloromethaneND 4.9 ug/Kg 05/06/20 10:26 05/06/20 11:12 1BromodichloromethaneND 4.9 ug/Kg 05/06/20 10:26 05/06/20 11:12 1BromoformND 25 ug/Kg 05/06/20 10:26 05/06/20 11:12 1BromomethaneND F1 49 ug/Kg 05/06/20 10:26 05/06/20 11:12 12-Butanone ND 49 ug/Kg 05/06/20 10:26 05/06/20 11:12 1Carbon disulfide ND 4.9 ug/Kg 05/06/20 10:26 05/06/20 11:12 1Carbon tetrachloride ND 4.9 ug/Kg 05/06/20 10:26 05/06/20 11:12 1ChlorobenzeneND 4.9 ug/Kg 05/06/20 10:26 05/06/20 11:12 1ChloroethaneND 4.9 ug/Kg 05/06/20 10:26 05/06/20 11:12 1ChloroformND 25 ug/Kg 05/06/20 10:26 05/06/20 11:12 1ChloromethaneND F1 4.9 ug/Kg 05/06/20 10:26 05/06/20 11:12 12-Chlorotoluene ND 4.9 ug/Kg 05/06/20 10:26 05/06/20 11:12 14-Chlorotoluene ND 4.9 ug/Kg 05/06/20 10:26 05/06/20 11:12 1cis-1,2-Dichloroethene ND 4.9 ug/Kg 05/06/20 10:26 05/06/20 11:12 1cis-1,3-Dichloropropene ND 4.9 ug/Kg 05/06/20 10:26 05/06/20 11:12 1DibromochloromethaneND 9.8 ug/Kg 05/06/20 10:26 05/06/20 11:12 11,2-Dibromo-3-Chloropropane ND 4.9 ug/Kg 05/06/20 10:26 05/06/20 11:12 11,2-Dibromoethane ND 4.9 ug/Kg 05/06/20 10:26 05/06/20 11:12 1DibromomethaneND 4.9 ug/Kg 05/06/20 10:26 05/06/20 11:12 11,2-Dichlorobenzene ND 4.9 ug/Kg 05/06/20 10:26 05/06/20 11:12 11,3-Dichlorobenzene ND 4.9 ug/Kg 05/06/20 10:26 05/06/20 11:12 11,4-Dichlorobenzene ND 4.9 ug/Kg 05/06/20 10:26 05/06/20 11:12 1DichlorodifluoromethaneND 4.9 ug/Kg 05/06/20 10:26 05/06/20 11:12 11,1-Dichloroethane ND 4.9 ug/Kg 05/06/20 10:26 05/06/20 11:12 11,2-Dichloroethane ND 4.9 ug/Kg 05/06/20 10:26 05/06/20 11:12 11,1-Dichloroethene ND 4.9 ug/Kg 05/06/20 10:26 05/06/20 11:12 11,2-Dichloropropane ND 4.9 ug/Kg 05/06/20 10:26 05/06/20 11:12 11,3-Dichloropropane ND 4.9 ug/Kg 05/06/20 10:26 05/06/20 11:12 12,2-Dichloropropane ND 4.9 ug/Kg 05/06/20 10:26 05/06/20 11:12 11,1-Dichloropropene ND 9.8 ug/Kg 05/06/20 10:26 05/06/20 11:12 1Di-isopropyl ether (DIPE)ND 250 ug/Kg 05/06/20 10:26 05/06/20 11:12 1EthanolND 4.9 ug/Kg 05/06/20 10:26 05/06/20 11:12 1EthylbenzeneND 9.8 ug/Kg 05/06/20 10:26 05/06/20 11:12 1Ethyl-t-butyl ether (ETBE)ND 49 ug/Kg 05/06/20 10:26 05/06/20 11:12 12-Hexanone ND 4.9 ug/Kg 05/06/20 10:26 05/06/20 11:12 1IsopropylbenzeneND 49 ug/Kg 05/06/20 10:26 05/06/20 11:12 1Methylene Chloride ND 49 ug/Kg 05/06/20 10:26 05/06/20 11:12 14-Methyl-2-pentanone ND 4.9 ug/Kg 05/06/20 10:26 05/06/20 11:12 1Methyl-t-Butyl Ether (MTBE)ND 4.9 ug/Kg 05/06/20 10:26 05/06/20 11:12 1m,p-Xylene ND 49 ug/Kg 05/06/20 10:26 05/06/20 11:12 1NaphthaleneND 4.9 ug/Kg 05/06/20 10:26 05/06/20 11:12 1n-Butylbenzene ND 4.9 ug/Kg 05/06/20 10:26 05/06/20 11:12 1N-Propylbenzene ND 4.9 ug/Kg 05/06/20 10:26 05/06/20 11:12 1o-Xylene ND 4.9 ug/Kg 05/06/20 10:26 05/06/20 11:12 1p-Isopropyltoluene ND 4.9 ug/Kg 05/06/20 10:26 05/06/20 11:12 1sec-Butylbenzene ND Eurofins Calscience LLC Page 5 of 47 5/11/2020 1 2 3 4 5 6 7 8 9 10 11 355 Client Sample Results Job ID: 570-27442-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Method: 8260B - Volatile Organic Compounds (GC/MS) (Continued) Lab Sample ID: 570-27442-3Client Sample ID: PIT 1 Matrix: SolidDate Collected: 05/05/20 07:52 Date Received: 05/05/20 09:26 RL Styrene ND 4.9 ug/Kg 05/06/20 10:26 05/06/20 11:12 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 9.8 ug/Kg 05/06/20 10:26 05/06/20 11:12 1Tert-amyl-methyl ether (TAME)ND 49 ug/Kg 05/06/20 10:26 05/06/20 11:12 1tert-Butyl alcohol (TBA)ND 4.9 ug/Kg 05/06/20 10:26 05/06/20 11:12 1tert-Butylbenzene ND 4.9 ug/Kg 05/06/20 10:26 05/06/20 11:12 11,1,1,2-Tetrachloroethane ND 4.9 ug/Kg 05/06/20 10:26 05/06/20 11:12 11,1,2,2-Tetrachloroethane ND 4.9 ug/Kg 05/06/20 10:26 05/06/20 11:12 1TetrachloroetheneND 4.9 ug/Kg 05/06/20 10:26 05/06/20 11:12 1TolueneND 4.9 ug/Kg 05/06/20 10:26 05/06/20 11:12 1trans-1,2-Dichloroethene ND 4.9 ug/Kg 05/06/20 10:26 05/06/20 11:12 1trans-1,3-Dichloropropene ND 9.8 ug/Kg 05/06/20 10:26 05/06/20 11:12 11,2,3-Trichlorobenzene ND 4.9 ug/Kg 05/06/20 10:26 05/06/20 11:12 11,2,4-Trichlorobenzene ND 4.9 ug/Kg 05/06/20 10:26 05/06/20 11:12 11,1,1-Trichloroethane ND 4.9 ug/Kg 05/06/20 10:26 05/06/20 11:12 11,1,2-Trichloroethane ND 4.9 ug/Kg 05/06/20 10:26 05/06/20 11:12 1TrichloroetheneND 49 ug/Kg 05/06/20 10:26 05/06/20 11:12 1TrichlorofluoromethaneND 4.9 ug/Kg 05/06/20 10:26 05/06/20 11:12 11,2,3-Trichloropropane ND 49 ug/Kg 05/06/20 10:26 05/06/20 11:12 11,1,2-Trichloro-1,2,2-trifluoroethane ND 4.9 ug/Kg 05/06/20 10:26 05/06/20 11:12 11,2,4-Trimethylbenzene ND 4.9 ug/Kg 05/06/20 10:26 05/06/20 11:12 11,3,5-Trimethylbenzene ND 49 ug/Kg 05/06/20 10:26 05/06/20 11:12 1Vinyl acetate ND 4.9 ug/Kg 05/06/20 10:26 05/06/20 11:12 1Vinyl chloride ND 9.8 ug/Kg 05/06/20 10:26 05/06/20 11:12 1Xylenes, Total ND 4-Bromofluorobenzene (Surr)98 80-120 05/06/20 10:26 05/06/20 11:12 1 Surrogate Dil FacAnalyzedPreparedQualifier Limits%Recovery Dibromofluoromethane (Surr)98 05/06/20 10:26 05/06/20 11:12 179-133 1,2-Dichloroethane-d4 (Surr)97 05/06/20 10:26 05/06/20 11:12 171-155 Toluene-d8 (Surr)99 05/06/20 10:26 05/06/20 11:12 180-120 Lab Sample ID: 570-27442-4Client Sample ID: PIT 1 SP Matrix: SolidDate Collected: 05/05/20 07:54 Date Received: 05/05/20 09:26 RL Acetone ND 51 ug/Kg 05/06/20 11:00 05/06/20 11:34 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 5.1 ug/Kg 05/06/20 11:00 05/06/20 11:34 1BenzeneND 5.1 ug/Kg 05/06/20 11:00 05/06/20 11:34 1BromobenzeneND 5.1 ug/Kg 05/06/20 11:00 05/06/20 11:34 1BromochloromethaneND 5.1 ug/Kg 05/06/20 11:00 05/06/20 11:34 1BromodichloromethaneND 5.1 ug/Kg 05/06/20 11:00 05/06/20 11:34 1BromoformND 26 ug/Kg 05/06/20 11:00 05/06/20 11:34 1BromomethaneND * F1 51 ug/Kg 05/06/20 11:00 05/06/20 11:34 12-Butanone ND 51 ug/Kg 05/06/20 11:00 05/06/20 11:34 1Carbon disulfide ND 5.1 ug/Kg 05/06/20 11:00 05/06/20 11:34 1Carbon tetrachloride ND 5.1 ug/Kg 05/06/20 11:00 05/06/20 11:34 1ChlorobenzeneND 5.1 ug/Kg 05/06/20 11:00 05/06/20 11:34 1ChloroethaneND 5.1 ug/Kg 05/06/20 11:00 05/06/20 11:34 1ChloroformND 26 ug/Kg 05/06/20 11:00 05/06/20 11:34 1ChloromethaneND F1 5.1 ug/Kg 05/06/20 11:00 05/06/20 11:34 12-Chlorotoluene ND 5.1 ug/Kg 05/06/20 11:00 05/06/20 11:34 14-Chlorotoluene ND Eurofins Calscience LLC Page 6 of 47 5/11/2020 1 2 3 4 5 6 7 8 9 10 11 356 Client Sample Results Job ID: 570-27442-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Method: 8260B - Volatile Organic Compounds (GC/MS) (Continued) Lab Sample ID: 570-27442-4Client Sample ID: PIT 1 SP Matrix: SolidDate Collected: 05/05/20 07:54 Date Received: 05/05/20 09:26 RL cis-1,2-Dichloroethene ND 5.1 ug/Kg 05/06/20 11:00 05/06/20 11:34 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 5.1 ug/Kg 05/06/20 11:00 05/06/20 11:34 1cis-1,3-Dichloropropene ND 5.1 ug/Kg 05/06/20 11:00 05/06/20 11:34 1DibromochloromethaneND 10 ug/Kg 05/06/20 11:00 05/06/20 11:34 11,2-Dibromo-3-Chloropropane ND 5.1 ug/Kg 05/06/20 11:00 05/06/20 11:34 11,2-Dibromoethane ND 5.1 ug/Kg 05/06/20 11:00 05/06/20 11:34 1DibromomethaneND 5.1 ug/Kg 05/06/20 11:00 05/06/20 11:34 11,2-Dichlorobenzene ND 5.1 ug/Kg 05/06/20 11:00 05/06/20 11:34 11,3-Dichlorobenzene ND 5.1 ug/Kg 05/06/20 11:00 05/06/20 11:34 11,4-Dichlorobenzene ND 5.1 ug/Kg 05/06/20 11:00 05/06/20 11:34 1DichlorodifluoromethaneND 5.1 ug/Kg 05/06/20 11:00 05/06/20 11:34 11,1-Dichloroethane ND 5.1 ug/Kg 05/06/20 11:00 05/06/20 11:34 11,2-Dichloroethane ND 5.1 ug/Kg 05/06/20 11:00 05/06/20 11:34 11,1-Dichloroethene ND 5.1 ug/Kg 05/06/20 11:00 05/06/20 11:34 11,2-Dichloropropane ND 5.1 ug/Kg 05/06/20 11:00 05/06/20 11:34 11,3-Dichloropropane ND 5.1 ug/Kg 05/06/20 11:00 05/06/20 11:34 12,2-Dichloropropane ND 5.1 ug/Kg 05/06/20 11:00 05/06/20 11:34 11,1-Dichloropropene ND 10 ug/Kg 05/06/20 11:00 05/06/20 11:34 1Di-isopropyl ether (DIPE)ND 260 ug/Kg 05/06/20 11:00 05/06/20 11:34 1EthanolND 5.1 ug/Kg 05/06/20 11:00 05/06/20 11:34 1EthylbenzeneND 10 ug/Kg 05/06/20 11:00 05/06/20 11:34 1Ethyl-t-butyl ether (ETBE)ND 51 ug/Kg 05/06/20 11:00 05/06/20 11:34 12-Hexanone ND 5.1 ug/Kg 05/06/20 11:00 05/06/20 11:34 1IsopropylbenzeneND 51 ug/Kg 05/06/20 11:00 05/06/20 11:34 1Methylene Chloride ND 51 ug/Kg 05/06/20 11:00 05/06/20 11:34 14-Methyl-2-pentanone ND 5.1 ug/Kg 05/06/20 11:00 05/06/20 11:34 1Methyl-t-Butyl Ether (MTBE)ND 5.1 ug/Kg 05/06/20 11:00 05/06/20 11:34 1m,p-Xylene ND 51 ug/Kg 05/06/20 11:00 05/06/20 11:34 1NaphthaleneND 5.1 ug/Kg 05/06/20 11:00 05/06/20 11:34 1n-Butylbenzene ND 5.1 ug/Kg 05/06/20 11:00 05/06/20 11:34 1N-Propylbenzene ND 5.1 ug/Kg 05/06/20 11:00 05/06/20 11:34 1o-Xylene ND 5.1 ug/Kg 05/06/20 11:00 05/06/20 11:34 1p-Isopropyltoluene ND 5.1 ug/Kg 05/06/20 11:00 05/06/20 11:34 1sec-Butylbenzene ND 5.1 ug/Kg 05/06/20 11:00 05/06/20 11:34 1StyreneND 10 ug/Kg 05/06/20 11:00 05/06/20 11:34 1Tert-amyl-methyl ether (TAME)ND 51 ug/Kg 05/06/20 11:00 05/06/20 11:34 1tert-Butyl alcohol (TBA)ND 5.1 ug/Kg 05/06/20 11:00 05/06/20 11:34 1tert-Butylbenzene ND 5.1 ug/Kg 05/06/20 11:00 05/06/20 11:34 11,1,1,2-Tetrachloroethane ND 5.1 ug/Kg 05/06/20 11:00 05/06/20 11:34 11,1,2,2-Tetrachloroethane ND 5.1 ug/Kg 05/06/20 11:00 05/06/20 11:34 1TetrachloroetheneND 5.1 ug/Kg 05/06/20 11:00 05/06/20 11:34 1TolueneND 5.1 ug/Kg 05/06/20 11:00 05/06/20 11:34 1trans-1,2-Dichloroethene ND 5.1 ug/Kg 05/06/20 11:00 05/06/20 11:34 1trans-1,3-Dichloropropene ND 10 ug/Kg 05/06/20 11:00 05/06/20 11:34 11,2,3-Trichlorobenzene ND 5.1 ug/Kg 05/06/20 11:00 05/06/20 11:34 11,2,4-Trichlorobenzene ND 5.1 ug/Kg 05/06/20 11:00 05/06/20 11:34 11,1,1-Trichloroethane ND 5.1 ug/Kg 05/06/20 11:00 05/06/20 11:34 11,1,2-Trichloroethane ND 5.1 ug/Kg 05/06/20 11:00 05/06/20 11:34 1TrichloroetheneND 51 ug/Kg 05/06/20 11:00 05/06/20 11:34 1TrichlorofluoromethaneND Eurofins Calscience LLC Page 7 of 47 5/11/2020 1 2 3 4 5 6 7 8 9 10 11 357 Client Sample Results Job ID: 570-27442-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Method: 8260B - Volatile Organic Compounds (GC/MS) (Continued) Lab Sample ID: 570-27442-4Client Sample ID: PIT 1 SP Matrix: SolidDate Collected: 05/05/20 07:54 Date Received: 05/05/20 09:26 RL 1,2,3-Trichloropropane ND 5.1 ug/Kg 05/06/20 11:00 05/06/20 11:34 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 51 ug/Kg 05/06/20 11:00 05/06/20 11:34 11,1,2-Trichloro-1,2,2-trifluoroethane ND 5.1 ug/Kg 05/06/20 11:00 05/06/20 11:34 11,2,4-Trimethylbenzene ND 5.1 ug/Kg 05/06/20 11:00 05/06/20 11:34 11,3,5-Trimethylbenzene ND 51 ug/Kg 05/06/20 11:00 05/06/20 11:34 1Vinyl acetate ND F1 F2 5.1 ug/Kg 05/06/20 11:00 05/06/20 11:34 1Vinyl chloride ND 10 ug/Kg 05/06/20 11:00 05/06/20 11:34 1Xylenes, Total ND 4-Bromofluorobenzene (Surr)101 80-120 05/06/20 11:00 05/06/20 11:34 1 Surrogate Dil FacAnalyzedPreparedQualifier Limits%Recovery Dibromofluoromethane (Surr)98 05/06/20 11:00 05/06/20 11:34 179-133 1,2-Dichloroethane-d4 (Surr)92 05/06/20 11:00 05/06/20 11:34 171-155 Toluene-d8 (Surr)99 05/06/20 11:00 05/06/20 11:34 180-120 Lab Sample ID: 570-27442-5Client Sample ID: PIT 2 Matrix: SolidDate Collected: 05/05/20 08:08 Date Received: 05/05/20 09:26 RL Acetone ND 5000 ug/Kg 05/06/20 11:03 05/06/20 12:59 50 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 500 ug/Kg 05/06/20 11:03 05/06/20 12:59 50BenzeneND 500 ug/Kg 05/06/20 11:03 05/06/20 12:59 50BromobenzeneND 500 ug/Kg 05/06/20 11:03 05/06/20 12:59 50BromochloromethaneND 500 ug/Kg 05/06/20 11:03 05/06/20 12:59 50BromodichloromethaneND 500 ug/Kg 05/06/20 11:03 05/06/20 12:59 50BromoformND 2500 ug/Kg 05/06/20 11:03 05/06/20 12:59 50BromomethaneND 5000 ug/Kg 05/06/20 11:03 05/06/20 12:59 502-Butanone ND 5000 ug/Kg 05/06/20 11:03 05/06/20 12:59 50Carbon disulfide ND 500 ug/Kg 05/06/20 11:03 05/06/20 12:59 50Carbon tetrachloride ND 500 ug/Kg 05/06/20 11:03 05/06/20 12:59 50ChlorobenzeneND 500 ug/Kg 05/06/20 11:03 05/06/20 12:59 50ChloroethaneND 500 ug/Kg 05/06/20 11:03 05/06/20 12:59 50ChloroformND 2500 ug/Kg 05/06/20 11:03 05/06/20 12:59 50ChloromethaneND 500 ug/Kg 05/06/20 11:03 05/06/20 12:59 502-Chlorotoluene ND 500 ug/Kg 05/06/20 11:03 05/06/20 12:59 504-Chlorotoluene ND 500 ug/Kg 05/06/20 11:03 05/06/20 12:59 50cis-1,2-Dichloroethene ND 500 ug/Kg 05/06/20 11:03 05/06/20 12:59 50cis-1,3-Dichloropropene ND 500 ug/Kg 05/06/20 11:03 05/06/20 12:59 50DibromochloromethaneND 990 ug/Kg 05/06/20 11:03 05/06/20 12:59 501,2-Dibromo-3-Chloropropane ND 500 ug/Kg 05/06/20 11:03 05/06/20 12:59 501,2-Dibromoethane ND 500 ug/Kg 05/06/20 11:03 05/06/20 12:59 50DibromomethaneND 500 ug/Kg 05/06/20 11:03 05/06/20 12:59 501,2-Dichlorobenzene ND 500 ug/Kg 05/06/20 11:03 05/06/20 12:59 501,3-Dichlorobenzene ND 500 ug/Kg 05/06/20 11:03 05/06/20 12:59 501,4-Dichlorobenzene ND 500 ug/Kg 05/06/20 11:03 05/06/20 12:59 50DichlorodifluoromethaneND 500 ug/Kg 05/06/20 11:03 05/06/20 12:59 501,1-Dichloroethane ND 500 ug/Kg 05/06/20 11:03 05/06/20 12:59 501,2-Dichloroethane ND 500 ug/Kg 05/06/20 11:03 05/06/20 12:59 501,1-Dichloroethene ND 500 ug/Kg 05/06/20 11:03 05/06/20 12:59 501,2-Dichloropropane ND 500 ug/Kg 05/06/20 11:03 05/06/20 12:59 501,3-Dichloropropane ND 500 ug/Kg 05/06/20 11:03 05/06/20 12:59 502,2-Dichloropropane ND Eurofins Calscience LLC Page 8 of 47 5/11/2020 1 2 3 4 5 6 7 8 9 10 11 358 Client Sample Results Job ID: 570-27442-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Method: 8260B - Volatile Organic Compounds (GC/MS) (Continued) Lab Sample ID: 570-27442-5Client Sample ID: PIT 2 Matrix: SolidDate Collected: 05/05/20 08:08 Date Received: 05/05/20 09:26 RL 1,1-Dichloropropene ND 500 ug/Kg 05/06/20 11:03 05/06/20 12:59 50 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 990 ug/Kg 05/06/20 11:03 05/06/20 12:59 50Di-isopropyl ether (DIPE)ND 25000 ug/Kg 05/06/20 11:03 05/06/20 12:59 50EthanolND 500 ug/Kg 05/06/20 11:03 05/06/20 12:59 50EthylbenzeneND 990 ug/Kg 05/06/20 11:03 05/06/20 12:59 50Ethyl-t-butyl ether (ETBE)ND 5000 ug/Kg 05/06/20 11:03 05/06/20 12:59 502-Hexanone ND 500 ug/Kg 05/06/20 11:03 05/06/20 12:59 50IsopropylbenzeneND 5000 ug/Kg 05/06/20 11:03 05/06/20 12:59 50Methylene Chloride ND 5000 ug/Kg 05/06/20 11:03 05/06/20 12:59 504-Methyl-2-pentanone ND 500 ug/Kg 05/06/20 11:03 05/06/20 12:59 50Methyl-t-Butyl Ether (MTBE)ND 500 ug/Kg 05/06/20 11:03 05/06/20 12:59 50m,p-Xylene ND 5000 ug/Kg 05/06/20 11:03 05/06/20 12:59 50NaphthaleneND 500 ug/Kg 05/06/20 11:03 05/06/20 12:59 50n-Butylbenzene ND 500 ug/Kg 05/06/20 11:03 05/06/20 12:59 50N-Propylbenzene ND 500 ug/Kg 05/06/20 11:03 05/06/20 12:59 50o-Xylene ND 500 ug/Kg 05/06/20 11:03 05/06/20 12:59 50p-Isopropyltoluene ND 500 ug/Kg 05/06/20 11:03 05/06/20 12:59 50sec-Butylbenzene ND 500 ug/Kg 05/06/20 11:03 05/06/20 12:59 50StyreneND 990 ug/Kg 05/06/20 11:03 05/06/20 12:59 50Tert-amyl-methyl ether (TAME)ND 5000 ug/Kg 05/06/20 11:03 05/06/20 12:59 50tert-Butyl alcohol (TBA)ND 500 ug/Kg 05/06/20 11:03 05/06/20 12:59 50tert-Butylbenzene ND 500 ug/Kg 05/06/20 11:03 05/06/20 12:59 501,1,1,2-Tetrachloroethane ND 500 ug/Kg 05/06/20 11:03 05/06/20 12:59 501,1,2,2-Tetrachloroethane ND 500 ug/Kg 05/06/20 11:03 05/06/20 12:59 50Tetrachloroethene2300 500 ug/Kg 05/06/20 11:03 05/06/20 12:59 50TolueneND 500 ug/Kg 05/06/20 11:03 05/06/20 12:59 50trans-1,2-Dichloroethene ND 500 ug/Kg 05/06/20 11:03 05/06/20 12:59 50trans-1,3-Dichloropropene ND 990 ug/Kg 05/06/20 11:03 05/06/20 12:59 501,2,3-Trichlorobenzene ND 500 ug/Kg 05/06/20 11:03 05/06/20 12:59 501,2,4-Trichlorobenzene ND 500 ug/Kg 05/06/20 11:03 05/06/20 12:59 501,1,1-Trichloroethane ND 500 ug/Kg 05/06/20 11:03 05/06/20 12:59 501,1,2-Trichloroethane ND 500 ug/Kg 05/06/20 11:03 05/06/20 12:59 50TrichloroetheneND 5000 ug/Kg 05/06/20 11:03 05/06/20 12:59 50TrichlorofluoromethaneND 500 ug/Kg 05/06/20 11:03 05/06/20 12:59 501,2,3-Trichloropropane ND 5000 ug/Kg 05/06/20 11:03 05/06/20 12:59 501,1,2-Trichloro-1,2,2-trifluoroethane ND 500 ug/Kg 05/06/20 11:03 05/06/20 12:59 501,2,4-Trimethylbenzene ND 500 ug/Kg 05/06/20 11:03 05/06/20 12:59 501,3,5-Trimethylbenzene ND 5000 ug/Kg 05/06/20 11:03 05/06/20 12:59 50Vinyl acetate ND 500 ug/Kg 05/06/20 11:03 05/06/20 12:59 50Vinyl chloride ND 990 ug/Kg 05/06/20 11:03 05/06/20 12:59 50Xylenes, Total ND 4-Bromofluorobenzene (Surr)101 80-120 05/06/20 11:03 05/06/20 12:59 50 Surrogate Dil FacAnalyzedPreparedQualifier Limits%Recovery Dibromofluoromethane (Surr)90 05/06/20 11:03 05/06/20 12:59 5079-133 1,2-Dichloroethane-d4 (Surr)90 05/06/20 11:03 05/06/20 12:59 5071-155 Toluene-d8 (Surr)103 05/06/20 11:03 05/06/20 12:59 5080-120 Eurofins Calscience LLC Page 9 of 47 5/11/2020 1 2 3 4 5 6 7 8 9 10 11 359 Client Sample Results Job ID: 570-27442-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Method: 8260B - Volatile Organic Compounds (GC/MS) Lab Sample ID: 570-27442-6Client Sample ID: PIT 2 DRYWELL Matrix: SolidDate Collected: 05/05/20 08:25 Date Received: 05/05/20 09:26 RL Acetone ND 50000 ug/Kg 05/06/20 11:03 05/06/20 13:25 500 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 5000 ug/Kg 05/06/20 11:03 05/06/20 13:25 500BenzeneND 5000 ug/Kg 05/06/20 11:03 05/06/20 13:25 500BromobenzeneND 5000 ug/Kg 05/06/20 11:03 05/06/20 13:25 500BromochloromethaneND 5000 ug/Kg 05/06/20 11:03 05/06/20 13:25 500BromodichloromethaneND 5000 ug/Kg 05/06/20 11:03 05/06/20 13:25 500BromoformND 25000 ug/Kg 05/06/20 11:03 05/06/20 13:25 500BromomethaneND 50000 ug/Kg 05/06/20 11:03 05/06/20 13:25 5002-Butanone ND 50000 ug/Kg 05/06/20 11:03 05/06/20 13:25 500Carbon disulfide ND 5000 ug/Kg 05/06/20 11:03 05/06/20 13:25 500Carbon tetrachloride ND 5000 ug/Kg 05/06/20 11:03 05/06/20 13:25 500ChlorobenzeneND 5000 ug/Kg 05/06/20 11:03 05/06/20 13:25 500ChloroethaneND 5000 ug/Kg 05/06/20 11:03 05/06/20 13:25 500ChloroformND 25000 ug/Kg 05/06/20 11:03 05/06/20 13:25 500ChloromethaneND 5000 ug/Kg 05/06/20 11:03 05/06/20 13:25 5002-Chlorotoluene ND 5000 ug/Kg 05/06/20 11:03 05/06/20 13:25 5004-Chlorotoluene ND 5000 ug/Kg 05/06/20 11:03 05/06/20 13:25 500cis-1,2-Dichloroethene ND 5000 ug/Kg 05/06/20 11:03 05/06/20 13:25 500cis-1,3-Dichloropropene ND 5000 ug/Kg 05/06/20 11:03 05/06/20 13:25 500DibromochloromethaneND 10000 ug/Kg 05/06/20 11:03 05/06/20 13:25 5001,2-Dibromo-3-Chloropropane ND 5000 ug/Kg 05/06/20 11:03 05/06/20 13:25 5001,2-Dibromoethane ND 5000 ug/Kg 05/06/20 11:03 05/06/20 13:25 500DibromomethaneND 5000 ug/Kg 05/06/20 11:03 05/06/20 13:25 5001,2-Dichlorobenzene ND 5000 ug/Kg 05/06/20 11:03 05/06/20 13:25 5001,3-Dichlorobenzene ND 5000 ug/Kg 05/06/20 11:03 05/06/20 13:25 5001,4-Dichlorobenzene ND 5000 ug/Kg 05/06/20 11:03 05/06/20 13:25 500DichlorodifluoromethaneND 5000 ug/Kg 05/06/20 11:03 05/06/20 13:25 5001,1-Dichloroethane ND 5000 ug/Kg 05/06/20 11:03 05/06/20 13:25 5001,2-Dichloroethane ND 5000 ug/Kg 05/06/20 11:03 05/06/20 13:25 5001,1-Dichloroethene ND 5000 ug/Kg 05/06/20 11:03 05/06/20 13:25 5001,2-Dichloropropane ND 5000 ug/Kg 05/06/20 11:03 05/06/20 13:25 5001,3-Dichloropropane ND 5000 ug/Kg 05/06/20 11:03 05/06/20 13:25 5002,2-Dichloropropane ND 5000 ug/Kg 05/06/20 11:03 05/06/20 13:25 5001,1-Dichloropropene ND 10000 ug/Kg 05/06/20 11:03 05/06/20 13:25 500Di-isopropyl ether (DIPE)ND 250000 ug/Kg 05/06/20 11:03 05/06/20 13:25 500EthanolND 5000 ug/Kg 05/06/20 11:03 05/06/20 13:25 500EthylbenzeneND 10000 ug/Kg 05/06/20 11:03 05/06/20 13:25 500Ethyl-t-butyl ether (ETBE)ND 50000 ug/Kg 05/06/20 11:03 05/06/20 13:25 5002-Hexanone ND 5000 ug/Kg 05/06/20 11:03 05/06/20 13:25 500IsopropylbenzeneND 50000 ug/Kg 05/06/20 11:03 05/06/20 13:25 500Methylene Chloride ND 50000 ug/Kg 05/06/20 11:03 05/06/20 13:25 5004-Methyl-2-pentanone ND 5000 ug/Kg 05/06/20 11:03 05/06/20 13:25 500Methyl-t-Butyl Ether (MTBE)ND 5000 ug/Kg 05/06/20 11:03 05/06/20 13:25 500m,p-Xylene ND 50000 ug/Kg 05/06/20 11:03 05/06/20 13:25 500NaphthaleneND 5000 ug/Kg 05/06/20 11:03 05/06/20 13:25 500n-Butylbenzene ND 5000 ug/Kg 05/06/20 11:03 05/06/20 13:25 500N-Propylbenzene ND 5000 ug/Kg 05/06/20 11:03 05/06/20 13:25 500o-Xylene ND 5000 ug/Kg 05/06/20 11:03 05/06/20 13:25 500p-Isopropyltoluene ND 5000 ug/Kg 05/06/20 11:03 05/06/20 13:25 500sec-Butylbenzene ND Eurofins Calscience LLC Page 10 of 47 5/11/2020 1 2 3 4 5 6 7 8 9 10 11 360 Client Sample Results Job ID: 570-27442-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Method: 8260B - Volatile Organic Compounds (GC/MS) (Continued) Lab Sample ID: 570-27442-6Client Sample ID: PIT 2 DRYWELL Matrix: SolidDate Collected: 05/05/20 08:25 Date Received: 05/05/20 09:26 RL Styrene ND 5000 ug/Kg 05/06/20 11:03 05/06/20 13:25 500 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 10000 ug/Kg 05/06/20 11:03 05/06/20 13:25 500Tert-amyl-methyl ether (TAME)ND 50000 ug/Kg 05/06/20 11:03 05/06/20 13:25 500tert-Butyl alcohol (TBA)ND 5000 ug/Kg 05/06/20 11:03 05/06/20 13:25 500tert-Butylbenzene ND 5000 ug/Kg 05/06/20 11:03 05/06/20 13:25 5001,1,1,2-Tetrachloroethane ND 5000 ug/Kg 05/06/20 11:03 05/06/20 13:25 5001,1,2,2-Tetrachloroethane ND 5000 ug/Kg 05/06/20 11:03 05/06/20 13:25 500Tetrachloroethene11000 5000 ug/Kg 05/06/20 11:03 05/06/20 13:25 500TolueneND 5000 ug/Kg 05/06/20 11:03 05/06/20 13:25 500trans-1,2-Dichloroethene ND 5000 ug/Kg 05/06/20 11:03 05/06/20 13:25 500trans-1,3-Dichloropropene ND 10000 ug/Kg 05/06/20 11:03 05/06/20 13:25 5001,2,3-Trichlorobenzene ND 5000 ug/Kg 05/06/20 11:03 05/06/20 13:25 5001,2,4-Trichlorobenzene ND 5000 ug/Kg 05/06/20 11:03 05/06/20 13:25 5001,1,1-Trichloroethane ND 5000 ug/Kg 05/06/20 11:03 05/06/20 13:25 5001,1,2-Trichloroethane ND 5000 ug/Kg 05/06/20 11:03 05/06/20 13:25 500TrichloroetheneND 50000 ug/Kg 05/06/20 11:03 05/06/20 13:25 500TrichlorofluoromethaneND 5000 ug/Kg 05/06/20 11:03 05/06/20 13:25 5001,2,3-Trichloropropane ND 50000 ug/Kg 05/06/20 11:03 05/06/20 13:25 5001,1,2-Trichloro-1,2,2-trifluoroethane ND 5000 ug/Kg 05/06/20 11:03 05/06/20 13:25 5001,2,4-Trimethylbenzene ND 5000 ug/Kg 05/06/20 11:03 05/06/20 13:25 5001,3,5-Trimethylbenzene ND 50000 ug/Kg 05/06/20 11:03 05/06/20 13:25 500Vinyl acetate ND 5000 ug/Kg 05/06/20 11:03 05/06/20 13:25 500Vinyl chloride ND 10000 ug/Kg 05/06/20 11:03 05/06/20 13:25 500Xylenes, Total ND 4-Bromofluorobenzene (Surr)99 80-120 05/06/20 11:03 05/06/20 13:25 500 Surrogate Dil FacAnalyzedPreparedQualifier Limits%Recovery Dibromofluoromethane (Surr)96 05/06/20 11:03 05/06/20 13:25 50079-133 1,2-Dichloroethane-d4 (Surr)96 05/06/20 11:03 05/06/20 13:25 50071-155 Toluene-d8 (Surr)101 05/06/20 11:03 05/06/20 13:25 50080-120 Lab Sample ID: 570-27442-7Client Sample ID: PIT 2 SPA Matrix: SolidDate Collected: 05/05/20 08:31 Date Received: 05/05/20 09:26 RL Acetone ND 5000 ug/Kg 05/06/20 11:03 05/06/20 13:52 50 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 500 ug/Kg 05/06/20 11:03 05/06/20 13:52 50BenzeneND 500 ug/Kg 05/06/20 11:03 05/06/20 13:52 50BromobenzeneND 500 ug/Kg 05/06/20 11:03 05/06/20 13:52 50BromochloromethaneND 500 ug/Kg 05/06/20 11:03 05/06/20 13:52 50BromodichloromethaneND 500 ug/Kg 05/06/20 11:03 05/06/20 13:52 50BromoformND 2500 ug/Kg 05/06/20 11:03 05/06/20 13:52 50BromomethaneND 5000 ug/Kg 05/06/20 11:03 05/06/20 13:52 502-Butanone ND 5000 ug/Kg 05/06/20 11:03 05/06/20 13:52 50Carbon disulfide ND 500 ug/Kg 05/06/20 11:03 05/06/20 13:52 50Carbon tetrachloride ND 500 ug/Kg 05/06/20 11:03 05/06/20 13:52 50ChlorobenzeneND 500 ug/Kg 05/06/20 11:03 05/06/20 13:52 50ChloroethaneND 500 ug/Kg 05/06/20 11:03 05/06/20 13:52 50ChloroformND 2500 ug/Kg 05/06/20 11:03 05/06/20 13:52 50ChloromethaneND 500 ug/Kg 05/06/20 11:03 05/06/20 13:52 502-Chlorotoluene ND 500 ug/Kg 05/06/20 11:03 05/06/20 13:52 504-Chlorotoluene ND Eurofins Calscience LLC Page 11 of 47 5/11/2020 1 2 3 4 5 6 7 8 9 10 11 361 Client Sample Results Job ID: 570-27442-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Method: 8260B - Volatile Organic Compounds (GC/MS) (Continued) Lab Sample ID: 570-27442-7Client Sample ID: PIT 2 SPA Matrix: SolidDate Collected: 05/05/20 08:31 Date Received: 05/05/20 09:26 RL cis-1,2-Dichloroethene ND 500 ug/Kg 05/06/20 11:03 05/06/20 13:52 50 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 500 ug/Kg 05/06/20 11:03 05/06/20 13:52 50cis-1,3-Dichloropropene ND 500 ug/Kg 05/06/20 11:03 05/06/20 13:52 50DibromochloromethaneND 990 ug/Kg 05/06/20 11:03 05/06/20 13:52 501,2-Dibromo-3-Chloropropane ND 500 ug/Kg 05/06/20 11:03 05/06/20 13:52 501,2-Dibromoethane ND 500 ug/Kg 05/06/20 11:03 05/06/20 13:52 50DibromomethaneND 500 ug/Kg 05/06/20 11:03 05/06/20 13:52 501,2-Dichlorobenzene ND 500 ug/Kg 05/06/20 11:03 05/06/20 13:52 501,3-Dichlorobenzene ND 500 ug/Kg 05/06/20 11:03 05/06/20 13:52 501,4-Dichlorobenzene ND 500 ug/Kg 05/06/20 11:03 05/06/20 13:52 50DichlorodifluoromethaneND 500 ug/Kg 05/06/20 11:03 05/06/20 13:52 501,1-Dichloroethane ND 500 ug/Kg 05/06/20 11:03 05/06/20 13:52 501,2-Dichloroethane ND 500 ug/Kg 05/06/20 11:03 05/06/20 13:52 501,1-Dichloroethene ND 500 ug/Kg 05/06/20 11:03 05/06/20 13:52 501,2-Dichloropropane ND 500 ug/Kg 05/06/20 11:03 05/06/20 13:52 501,3-Dichloropropane ND 500 ug/Kg 05/06/20 11:03 05/06/20 13:52 502,2-Dichloropropane ND 500 ug/Kg 05/06/20 11:03 05/06/20 13:52 501,1-Dichloropropene ND 990 ug/Kg 05/06/20 11:03 05/06/20 13:52 50Di-isopropyl ether (DIPE)ND 25000 ug/Kg 05/06/20 11:03 05/06/20 13:52 50EthanolND 500 ug/Kg 05/06/20 11:03 05/06/20 13:52 50EthylbenzeneND 990 ug/Kg 05/06/20 11:03 05/06/20 13:52 50Ethyl-t-butyl ether (ETBE)ND 5000 ug/Kg 05/06/20 11:03 05/06/20 13:52 502-Hexanone ND 500 ug/Kg 05/06/20 11:03 05/06/20 13:52 50IsopropylbenzeneND 5000 ug/Kg 05/06/20 11:03 05/06/20 13:52 50Methylene Chloride ND 5000 ug/Kg 05/06/20 11:03 05/06/20 13:52 504-Methyl-2-pentanone ND 500 ug/Kg 05/06/20 11:03 05/06/20 13:52 50Methyl-t-Butyl Ether (MTBE)ND 500 ug/Kg 05/06/20 11:03 05/06/20 13:52 50m,p-Xylene 4200 5000 ug/Kg 05/06/20 11:03 05/06/20 13:52 50NaphthaleneND 500 ug/Kg 05/06/20 11:03 05/06/20 13:52 50n-Butylbenzene ND 500 ug/Kg 05/06/20 11:03 05/06/20 13:52 50N-Propylbenzene ND 500 ug/Kg 05/06/20 11:03 05/06/20 13:52 50o-Xylene 3300 500 ug/Kg 05/06/20 11:03 05/06/20 13:52 50p-Isopropyltoluene ND 500 ug/Kg 05/06/20 11:03 05/06/20 13:52 50sec-Butylbenzene ND 500 ug/Kg 05/06/20 11:03 05/06/20 13:52 50StyreneND 990 ug/Kg 05/06/20 11:03 05/06/20 13:52 50Tert-amyl-methyl ether (TAME)ND 5000 ug/Kg 05/06/20 11:03 05/06/20 13:52 50tert-Butyl alcohol (TBA)ND 500 ug/Kg 05/06/20 11:03 05/06/20 13:52 50tert-Butylbenzene ND 500 ug/Kg 05/06/20 11:03 05/06/20 13:52 501,1,1,2-Tetrachloroethane ND 500 ug/Kg 05/06/20 11:03 05/06/20 13:52 501,1,2,2-Tetrachloroethane ND 500 ug/Kg 05/06/20 11:03 05/06/20 13:52 50Tetrachloroethene580 500 ug/Kg 05/06/20 11:03 05/06/20 13:52 50Toluene790 500 ug/Kg 05/06/20 11:03 05/06/20 13:52 50trans-1,2-Dichloroethene ND 500 ug/Kg 05/06/20 11:03 05/06/20 13:52 50trans-1,3-Dichloropropene ND 990 ug/Kg 05/06/20 11:03 05/06/20 13:52 501,2,3-Trichlorobenzene ND 500 ug/Kg 05/06/20 11:03 05/06/20 13:52 501,2,4-Trichlorobenzene ND 500 ug/Kg 05/06/20 11:03 05/06/20 13:52 501,1,1-Trichloroethane ND 500 ug/Kg 05/06/20 11:03 05/06/20 13:52 501,1,2-Trichloroethane ND 500 ug/Kg 05/06/20 11:03 05/06/20 13:52 50TrichloroetheneND 5000 ug/Kg 05/06/20 11:03 05/06/20 13:52 50TrichlorofluoromethaneND Eurofins Calscience LLC Page 12 of 47 5/11/2020 1 2 3 4 5 6 7 8 9 10 11 362 Client Sample Results Job ID: 570-27442-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Method: 8260B - Volatile Organic Compounds (GC/MS) (Continued) Lab Sample ID: 570-27442-7Client Sample ID: PIT 2 SPA Matrix: SolidDate Collected: 05/05/20 08:31 Date Received: 05/05/20 09:26 RL 1,2,3-Trichloropropane ND 500 ug/Kg 05/06/20 11:03 05/06/20 13:52 50 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 5000 ug/Kg 05/06/20 11:03 05/06/20 13:52 501,1,2-Trichloro-1,2,2-trifluoroethane ND 500 ug/Kg 05/06/20 11:03 05/06/20 13:52 501,2,4-Trimethylbenzene 3500 500 ug/Kg 05/06/20 11:03 05/06/20 13:52 501,3,5-Trimethylbenzene 1600 5000 ug/Kg 05/06/20 11:03 05/06/20 13:52 50Vinyl acetate ND 500 ug/Kg 05/06/20 11:03 05/06/20 13:52 50Vinyl chloride ND 990 ug/Kg 05/06/20 11:03 05/06/20 13:52 50Xylenes, Total 7500 4-Bromofluorobenzene (Surr)99 80-120 05/06/20 11:03 05/06/20 13:52 50 Surrogate Dil FacAnalyzedPreparedQualifier Limits%Recovery Dibromofluoromethane (Surr)90 05/06/20 11:03 05/06/20 13:52 5079-133 1,2-Dichloroethane-d4 (Surr)91 05/06/20 11:03 05/06/20 13:52 5071-155 Toluene-d8 (Surr)102 05/06/20 11:03 05/06/20 13:52 5080-120 Lab Sample ID: 570-27442-8Client Sample ID: PIT 2 SPB Matrix: SolidDate Collected: 05/05/20 08:35 Date Received: 05/05/20 09:26 RL Acetone ND 4900 ug/Kg 05/06/20 11:03 05/06/20 14:19 50 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 490 ug/Kg 05/06/20 11:03 05/06/20 14:19 50BenzeneND 490 ug/Kg 05/06/20 11:03 05/06/20 14:19 50BromobenzeneND 490 ug/Kg 05/06/20 11:03 05/06/20 14:19 50BromochloromethaneND 490 ug/Kg 05/06/20 11:03 05/06/20 14:19 50BromodichloromethaneND 490 ug/Kg 05/06/20 11:03 05/06/20 14:19 50BromoformND 2500 ug/Kg 05/06/20 11:03 05/06/20 14:19 50BromomethaneND 4900 ug/Kg 05/06/20 11:03 05/06/20 14:19 502-Butanone ND 4900 ug/Kg 05/06/20 11:03 05/06/20 14:19 50Carbon disulfide ND 490 ug/Kg 05/06/20 11:03 05/06/20 14:19 50Carbon tetrachloride ND 490 ug/Kg 05/06/20 11:03 05/06/20 14:19 50ChlorobenzeneND 490 ug/Kg 05/06/20 11:03 05/06/20 14:19 50ChloroethaneND 490 ug/Kg 05/06/20 11:03 05/06/20 14:19 50ChloroformND 2500 ug/Kg 05/06/20 11:03 05/06/20 14:19 50ChloromethaneND 490 ug/Kg 05/06/20 11:03 05/06/20 14:19 502-Chlorotoluene ND 490 ug/Kg 05/06/20 11:03 05/06/20 14:19 504-Chlorotoluene ND 490 ug/Kg 05/06/20 11:03 05/06/20 14:19 50cis-1,2-Dichloroethene ND 490 ug/Kg 05/06/20 11:03 05/06/20 14:19 50cis-1,3-Dichloropropene ND 490 ug/Kg 05/06/20 11:03 05/06/20 14:19 50DibromochloromethaneND 980 ug/Kg 05/06/20 11:03 05/06/20 14:19 501,2-Dibromo-3-Chloropropane ND 490 ug/Kg 05/06/20 11:03 05/06/20 14:19 501,2-Dibromoethane ND 490 ug/Kg 05/06/20 11:03 05/06/20 14:19 50DibromomethaneND 490 ug/Kg 05/06/20 11:03 05/06/20 14:19 501,2-Dichlorobenzene ND 490 ug/Kg 05/06/20 11:03 05/06/20 14:19 501,3-Dichlorobenzene ND 490 ug/Kg 05/06/20 11:03 05/06/20 14:19 501,4-Dichlorobenzene ND 490 ug/Kg 05/06/20 11:03 05/06/20 14:19 50DichlorodifluoromethaneND 490 ug/Kg 05/06/20 11:03 05/06/20 14:19 501,1-Dichloroethane ND 490 ug/Kg 05/06/20 11:03 05/06/20 14:19 501,2-Dichloroethane ND 490 ug/Kg 05/06/20 11:03 05/06/20 14:19 501,1-Dichloroethene ND 490 ug/Kg 05/06/20 11:03 05/06/20 14:19 501,2-Dichloropropane ND 490 ug/Kg 05/06/20 11:03 05/06/20 14:19 501,3-Dichloropropane ND 490 ug/Kg 05/06/20 11:03 05/06/20 14:19 502,2-Dichloropropane ND Eurofins Calscience LLC Page 13 of 47 5/11/2020 1 2 3 4 5 6 7 8 9 10 11 363 Client Sample Results Job ID: 570-27442-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Method: 8260B - Volatile Organic Compounds (GC/MS) (Continued) Lab Sample ID: 570-27442-8Client Sample ID: PIT 2 SPB Matrix: SolidDate Collected: 05/05/20 08:35 Date Received: 05/05/20 09:26 RL 1,1-Dichloropropene ND 490 ug/Kg 05/06/20 11:03 05/06/20 14:19 50 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 980 ug/Kg 05/06/20 11:03 05/06/20 14:19 50Di-isopropyl ether (DIPE)ND 25000 ug/Kg 05/06/20 11:03 05/06/20 14:19 50EthanolND 490 ug/Kg 05/06/20 11:03 05/06/20 14:19 50Ethylbenzene1200 980 ug/Kg 05/06/20 11:03 05/06/20 14:19 50Ethyl-t-butyl ether (ETBE)ND 4900 ug/Kg 05/06/20 11:03 05/06/20 14:19 502-Hexanone ND 490 ug/Kg 05/06/20 11:03 05/06/20 14:19 50IsopropylbenzeneND 4900 ug/Kg 05/06/20 11:03 05/06/20 14:19 50Methylene Chloride ND 4900 ug/Kg 05/06/20 11:03 05/06/20 14:19 504-Methyl-2-pentanone ND 490 ug/Kg 05/06/20 11:03 05/06/20 14:19 50Methyl-t-Butyl Ether (MTBE)ND 490 ug/Kg 05/06/20 11:03 05/06/20 14:19 50m,p-Xylene 5300 4900 ug/Kg 05/06/20 11:03 05/06/20 14:19 50NaphthaleneND 490 ug/Kg 05/06/20 11:03 05/06/20 14:19 50n-Butylbenzene ND 490 ug/Kg 05/06/20 11:03 05/06/20 14:19 50N-Propylbenzene ND 490 ug/Kg 05/06/20 11:03 05/06/20 14:19 50o-Xylene 3900 490 ug/Kg 05/06/20 11:03 05/06/20 14:19 50p-Isopropyltoluene ND 490 ug/Kg 05/06/20 11:03 05/06/20 14:19 50sec-Butylbenzene ND 490 ug/Kg 05/06/20 11:03 05/06/20 14:19 50StyreneND 980 ug/Kg 05/06/20 11:03 05/06/20 14:19 50Tert-amyl-methyl ether (TAME)ND 4900 ug/Kg 05/06/20 11:03 05/06/20 14:19 50tert-Butyl alcohol (TBA)ND 490 ug/Kg 05/06/20 11:03 05/06/20 14:19 50tert-Butylbenzene ND 490 ug/Kg 05/06/20 11:03 05/06/20 14:19 501,1,1,2-Tetrachloroethane ND 490 ug/Kg 05/06/20 11:03 05/06/20 14:19 501,1,2,2-Tetrachloroethane ND 490 ug/Kg 05/06/20 11:03 05/06/20 14:19 50Tetrachloroethene1100 490 ug/Kg 05/06/20 11:03 05/06/20 14:19 50Toluene3000 490 ug/Kg 05/06/20 11:03 05/06/20 14:19 50trans-1,2-Dichloroethene ND 490 ug/Kg 05/06/20 11:03 05/06/20 14:19 50trans-1,3-Dichloropropene ND 980 ug/Kg 05/06/20 11:03 05/06/20 14:19 501,2,3-Trichlorobenzene ND 490 ug/Kg 05/06/20 11:03 05/06/20 14:19 501,2,4-Trichlorobenzene ND 490 ug/Kg 05/06/20 11:03 05/06/20 14:19 501,1,1-Trichloroethane ND 490 ug/Kg 05/06/20 11:03 05/06/20 14:19 501,1,2-Trichloroethane ND 490 ug/Kg 05/06/20 11:03 05/06/20 14:19 50TrichloroetheneND 4900 ug/Kg 05/06/20 11:03 05/06/20 14:19 50TrichlorofluoromethaneND 490 ug/Kg 05/06/20 11:03 05/06/20 14:19 501,2,3-Trichloropropane ND 4900 ug/Kg 05/06/20 11:03 05/06/20 14:19 501,1,2-Trichloro-1,2,2-trifluoroethane ND 490 ug/Kg 05/06/20 11:03 05/06/20 14:19 501,2,4-Trimethylbenzene 3000 490 ug/Kg 05/06/20 11:03 05/06/20 14:19 501,3,5-Trimethylbenzene 1600 4900 ug/Kg 05/06/20 11:03 05/06/20 14:19 50Vinyl acetate ND 490 ug/Kg 05/06/20 11:03 05/06/20 14:19 50Vinyl chloride ND 980 ug/Kg 05/06/20 11:03 05/06/20 14:19 50Xylenes, Total 9200 4-Bromofluorobenzene (Surr)97 80-120 05/06/20 11:03 05/06/20 14:19 50 Surrogate Dil FacAnalyzedPreparedQualifier Limits%Recovery Dibromofluoromethane (Surr)88 05/06/20 11:03 05/06/20 14:19 5079-133 1,2-Dichloroethane-d4 (Surr)89 05/06/20 11:03 05/06/20 14:19 5071-155 Toluene-d8 (Surr)102 05/06/20 11:03 05/06/20 14:19 5080-120 Eurofins Calscience LLC Page 14 of 47 5/11/2020 1 2 3 4 5 6 7 8 9 10 11 364 Client Sample Results Job ID: 570-27442-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Method: 8015B - Diesel Range Organics (DRO) (GC) Lab Sample ID: 570-27442-1Client Sample ID: LIFT 1 Matrix: SolidDate Collected: 05/05/20 07:39 Date Received: 05/05/20 09:26 RL C6 as C6 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 22:00 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 5.0 mg/Kg 05/07/20 17:54 05/07/20 22:00 1C7 as C7 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 22:00 1C8 as C8 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 22:00 1C9-C10 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 22:00 1C11-C12 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 22:00 1C13-C14 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 22:00 1C15-C16 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 22:00 1C17-C18 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 22:00 1C19-C20 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 22:00 1C21-C22 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 22:00 1C23-C24 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 22:00 1C25-C28 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 22:00 1C29-C32 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 22:00 1C33-C36 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 22:00 1C37-C40 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 22:00 1C41-C44 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 22:00 1C6-C44 ND n-Octacosane (Surr)102 61-145 05/07/20 17:54 05/07/20 22:00 1 Surrogate Dil FacAnalyzedPreparedQualifier Limits%Recovery Lab Sample ID: 570-27442-2Client Sample ID: LIFT SP Matrix: SolidDate Collected: 05/05/20 07:42 Date Received: 05/05/20 09:26 RL C6 as C6 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 22:21 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 5.0 mg/Kg 05/07/20 17:54 05/07/20 22:21 1C7 as C7 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 22:21 1C8 as C8 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 22:21 1C9-C10 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 22:21 1C11-C12 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 22:21 1C13-C14 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 22:21 1C15-C16 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 22:21 1C17-C18 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 22:21 1C19-C20 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 22:21 1C21-C22 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 22:21 1C23-C24 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 22:21 1C25-C28 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 22:21 1C29-C32 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 22:21 1C33-C36 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 22:21 1C37-C40 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 22:21 1C41-C44 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 22:21 1C6-C44 8.1 n-Octacosane (Surr)99 61-145 05/07/20 17:54 05/07/20 22:21 1 Surrogate Dil FacAnalyzedPreparedQualifier Limits%Recovery Eurofins Calscience LLC Page 15 of 47 5/11/2020 1 2 3 4 5 6 7 8 9 10 11 365 Client Sample Results Job ID: 570-27442-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Method: 8015B - Diesel Range Organics (DRO) (GC) Lab Sample ID: 570-27442-3Client Sample ID: PIT 1 Matrix: SolidDate Collected: 05/05/20 07:52 Date Received: 05/05/20 09:26 RL C6 as C6 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 22:41 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 5.0 mg/Kg 05/07/20 17:54 05/07/20 22:41 1C7 as C7 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 22:41 1C8 as C8 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 22:41 1C9-C10 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 22:41 1C11-C12 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 22:41 1C13-C14 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 22:41 1C15-C16 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 22:41 1C17-C18 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 22:41 1C19-C20 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 22:41 1C21-C22 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 22:41 1C23-C24 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 22:41 1C25-C28 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 22:41 1C29-C32 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 22:41 1C33-C36 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 22:41 1C37-C40 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 22:41 1C41-C44 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 22:41 1C6-C44 ND n-Octacosane (Surr)96 61-145 05/07/20 17:54 05/07/20 22:41 1 Surrogate Dil FacAnalyzedPreparedQualifier Limits%Recovery Lab Sample ID: 570-27442-4Client Sample ID: PIT 1 SP Matrix: SolidDate Collected: 05/05/20 07:54 Date Received: 05/05/20 09:26 RL C6 as C6 ND 4.9 mg/Kg 05/07/20 17:54 05/07/20 23:01 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 4.9 mg/Kg 05/07/20 17:54 05/07/20 23:01 1C7 as C7 ND 4.9 mg/Kg 05/07/20 17:54 05/07/20 23:01 1C8 as C8 ND 4.9 mg/Kg 05/07/20 17:54 05/07/20 23:01 1C9-C10 ND 4.9 mg/Kg 05/07/20 17:54 05/07/20 23:01 1C11-C12 ND 4.9 mg/Kg 05/07/20 17:54 05/07/20 23:01 1C13-C14 ND 4.9 mg/Kg 05/07/20 17:54 05/07/20 23:01 1C15-C16 ND 4.9 mg/Kg 05/07/20 17:54 05/07/20 23:01 1C17-C18 ND 4.9 mg/Kg 05/07/20 17:54 05/07/20 23:01 1C19-C20 9.5 4.9 mg/Kg 05/07/20 17:54 05/07/20 23:01 1C21-C22 15 4.9 mg/Kg 05/07/20 17:54 05/07/20 23:01 1C23-C24 22 4.9 mg/Kg 05/07/20 17:54 05/07/20 23:01 1C25-C28 48 4.9 mg/Kg 05/07/20 17:54 05/07/20 23:01 1C29-C32 46 4.9 mg/Kg 05/07/20 17:54 05/07/20 23:01 1C33-C36 29 4.9 mg/Kg 05/07/20 17:54 05/07/20 23:01 1C37-C40 14 4.9 mg/Kg 05/07/20 17:54 05/07/20 23:01 1C41-C44 7.9 4.9 mg/Kg 05/07/20 17:54 05/07/20 23:01 1C6-C44 200 n-Octacosane (Surr)94 61-145 05/07/20 17:54 05/07/20 23:01 1 Surrogate Dil FacAnalyzedPreparedQualifier Limits%Recovery Eurofins Calscience LLC Page 16 of 47 5/11/2020 1 2 3 4 5 6 7 8 9 10 11 366 Client Sample Results Job ID: 570-27442-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Method: 8015B - Diesel Range Organics (DRO) (GC) Lab Sample ID: 570-27442-5Client Sample ID: PIT 2 Matrix: SolidDate Collected: 05/05/20 08:08 Date Received: 05/05/20 09:26 RL C6 as C6 ND 500 mg/Kg 05/07/20 17:54 05/11/20 12:10 100 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 500 mg/Kg 05/07/20 17:54 05/11/20 12:10 100C7 as C7 ND 500 mg/Kg 05/07/20 17:54 05/11/20 12:10 100C8 as C8 ND 500 mg/Kg 05/07/20 17:54 05/11/20 12:10 100C9-C10 ND 500 mg/Kg 05/07/20 17:54 05/11/20 12:10 100C11-C12 ND 500 mg/Kg 05/07/20 17:54 05/11/20 12:10 100C13-C14 ND 500 mg/Kg 05/07/20 17:54 05/11/20 12:10 100C15-C16 ND 500 mg/Kg 05/07/20 17:54 05/11/20 12:10 100C17-C18 ND 500 mg/Kg 05/07/20 17:54 05/11/20 12:10 100C19-C20 760 500 mg/Kg 05/07/20 17:54 05/11/20 12:10 100C21-C22 1500 500 mg/Kg 05/07/20 17:54 05/11/20 12:10 100C23-C24 2300 500 mg/Kg 05/07/20 17:54 05/11/20 12:10 100C25-C28 7100 500 mg/Kg 05/07/20 17:54 05/11/20 12:10 100C29-C32 6700 500 mg/Kg 05/07/20 17:54 05/11/20 12:10 100C33-C36 4800 500 mg/Kg 05/07/20 17:54 05/11/20 12:10 100C37-C40 2300 500 mg/Kg 05/07/20 17:54 05/11/20 12:10 100C41-C44 1200 500 mg/Kg 05/07/20 17:54 05/11/20 12:10 100C6-C44 28000 n-Octacosane (Surr)82 61-145 05/07/20 17:54 05/11/20 12:10 100 Surrogate Dil FacAnalyzedPreparedQualifier Limits%Recovery Lab Sample ID: 570-27442-6Client Sample ID: PIT 2 DRYWELL Matrix: SolidDate Collected: 05/05/20 08:25 Date Received: 05/05/20 09:26 RL C6 as C6 ND 500 mg/Kg 05/07/20 17:54 05/08/20 17:35 100 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 500 mg/Kg 05/07/20 17:54 05/08/20 17:35 100C7 as C7 ND 500 mg/Kg 05/07/20 17:54 05/08/20 17:35 100C8 as C8 ND 500 mg/Kg 05/07/20 17:54 05/08/20 17:35 100C9-C10 ND 500 mg/Kg 05/07/20 17:54 05/08/20 17:35 100C11-C12 ND 500 mg/Kg 05/07/20 17:54 05/08/20 17:35 100C13-C14 ND 500 mg/Kg 05/07/20 17:54 05/08/20 17:35 100C15-C16 ND 500 mg/Kg 05/07/20 17:54 05/08/20 17:35 100C17-C18 810 500 mg/Kg 05/07/20 17:54 05/08/20 17:35 100C19-C20 1500 500 mg/Kg 05/07/20 17:54 05/08/20 17:35 100C21-C22 2400 500 mg/Kg 05/07/20 17:54 05/08/20 17:35 100C23-C24 3100 500 mg/Kg 05/07/20 17:54 05/08/20 17:35 100C25-C28 8800 500 mg/Kg 05/07/20 17:54 05/08/20 17:35 100C29-C32 7500 500 mg/Kg 05/07/20 17:54 05/08/20 17:35 100C33-C36 5100 500 mg/Kg 05/07/20 17:54 05/08/20 17:35 100C37-C40 2600 500 mg/Kg 05/07/20 17:54 05/08/20 17:35 100C41-C44 1300 500 mg/Kg 05/07/20 17:54 05/08/20 17:35 100C6-C44 35000 n-Octacosane (Surr)107 61-145 05/07/20 17:54 05/08/20 17:35 100 Surrogate Dil FacAnalyzedPreparedQualifier Limits%Recovery Eurofins Calscience LLC Page 17 of 47 5/11/2020 1 2 3 4 5 6 7 8 9 10 11 367 Client Sample Results Job ID: 570-27442-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Method: 8015B - Diesel Range Organics (DRO) (GC) Lab Sample ID: 570-27442-7Client Sample ID: PIT 2 SPA Matrix: SolidDate Collected: 05/05/20 08:31 Date Received: 05/05/20 09:26 RL C6 as C6 ND 49 mg/Kg 05/07/20 17:54 05/08/20 00:02 10 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 49 mg/Kg 05/07/20 17:54 05/08/20 00:02 10C7 as C7 ND 49 mg/Kg 05/07/20 17:54 05/08/20 00:02 10C8 as C8 ND 49 mg/Kg 05/07/20 17:54 05/08/20 00:02 10C9-C10 140 49 mg/Kg 05/07/20 17:54 05/08/20 00:02 10C11-C12 130 49 mg/Kg 05/07/20 17:54 05/08/20 00:02 10C13-C14 90 49 mg/Kg 05/07/20 17:54 05/08/20 00:02 10C15-C16 84 49 mg/Kg 05/07/20 17:54 05/08/20 00:02 10C17-C18 170 49 mg/Kg 05/07/20 17:54 05/08/20 00:02 10C19-C20 370 49 mg/Kg 05/07/20 17:54 05/08/20 00:02 10C21-C22 690 49 mg/Kg 05/07/20 17:54 05/08/20 00:02 10C23-C24 1100 49 mg/Kg 05/07/20 17:54 05/08/20 00:02 10C25-C28 2700 49 mg/Kg 05/07/20 17:54 05/08/20 00:02 10C29-C32 2500 49 mg/Kg 05/07/20 17:54 05/08/20 00:02 10C33-C36 1500 49 mg/Kg 05/07/20 17:54 05/08/20 00:02 10C37-C40 600 49 mg/Kg 05/07/20 17:54 05/08/20 00:02 10C41-C44 310 49 mg/Kg 05/07/20 17:54 05/08/20 00:02 10C6-C44 10000 n-Octacosane (Surr)102 61-145 05/07/20 17:54 05/08/20 00:02 10 Surrogate Dil FacAnalyzedPreparedQualifier Limits%Recovery Lab Sample ID: 570-27442-8Client Sample ID: PIT 2 SPB Matrix: SolidDate Collected: 05/05/20 08:35 Date Received: 05/05/20 09:26 RL C6 as C6 ND 48 mg/Kg 05/07/20 17:54 05/08/20 00:22 10 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 48 mg/Kg 05/07/20 17:54 05/08/20 00:22 10C7 as C7 ND 48 mg/Kg 05/07/20 17:54 05/08/20 00:22 10C8 as C8 ND 48 mg/Kg 05/07/20 17:54 05/08/20 00:22 10C9-C10 120 48 mg/Kg 05/07/20 17:54 05/08/20 00:22 10C11-C12 110 48 mg/Kg 05/07/20 17:54 05/08/20 00:22 10C13-C14 89 48 mg/Kg 05/07/20 17:54 05/08/20 00:22 10C15-C16 110 48 mg/Kg 05/07/20 17:54 05/08/20 00:22 10C17-C18 210 48 mg/Kg 05/07/20 17:54 05/08/20 00:22 10C19-C20 420 48 mg/Kg 05/07/20 17:54 05/08/20 00:22 10C21-C22 780 48 mg/Kg 05/07/20 17:54 05/08/20 00:22 10C23-C24 1300 48 mg/Kg 05/07/20 17:54 05/08/20 00:22 10C25-C28 3200 48 mg/Kg 05/07/20 17:54 05/08/20 00:22 10C29-C32 2900 48 mg/Kg 05/07/20 17:54 05/08/20 00:22 10C33-C36 1800 48 mg/Kg 05/07/20 17:54 05/08/20 00:22 10C37-C40 720 48 mg/Kg 05/07/20 17:54 05/08/20 00:22 10C41-C44 350 48 mg/Kg 05/07/20 17:54 05/08/20 00:22 10C6-C44 12000 n-Octacosane (Surr)118 61-145 05/07/20 17:54 05/08/20 00:22 10 Surrogate Dil FacAnalyzedPreparedQualifier Limits%Recovery Eurofins Calscience LLC Page 18 of 47 5/11/2020 1 2 3 4 5 6 7 8 9 10 11 368 Client Sample Results Job ID: 570-27442-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Method: 8082 - Polychlorinated Biphenyls (PCBs) by Gas Chromatography Lab Sample ID: 570-27442-1Client Sample ID: LIFT 1 Matrix: SolidDate Collected: 05/05/20 07:39 Date Received: 05/05/20 09:26 RL Aroclor-1016 ND 50 ug/Kg 05/06/20 14:25 05/07/20 13:10 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 50 ug/Kg 05/06/20 14:25 05/07/20 13:10 1Aroclor-1221 ND 50 ug/Kg 05/06/20 14:25 05/07/20 13:10 1Aroclor-1232 ND 50 ug/Kg 05/06/20 14:25 05/07/20 13:10 1Aroclor-1242 ND 50 ug/Kg 05/06/20 14:25 05/07/20 13:10 1Aroclor-1248 ND 50 ug/Kg 05/06/20 14:25 05/07/20 13:10 1Aroclor-1254 ND 50 ug/Kg 05/06/20 14:25 05/07/20 13:10 1Aroclor-1260 ND 50 ug/Kg 05/06/20 14:25 05/07/20 13:10 1Aroclor-1262 ND 50 ug/Kg 05/06/20 14:25 05/07/20 13:10 1Aroclor-1268 ND DCB Decachlorobiphenyl (Surr)85 20-155 05/06/20 14:25 05/07/20 13:10 1 Surrogate Dil FacAnalyzedPreparedQualifier Limits%Recovery Tetrachloro-m-xylene (Surr)68 05/06/20 14:25 05/07/20 13:10 125-126 Lab Sample ID: 570-27442-2Client Sample ID: LIFT SP Matrix: SolidDate Collected: 05/05/20 07:42 Date Received: 05/05/20 09:26 RL Aroclor-1016 ND 50 ug/Kg 05/06/20 14:25 05/07/20 13:28 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 50 ug/Kg 05/06/20 14:25 05/07/20 13:28 1Aroclor-1221 ND 50 ug/Kg 05/06/20 14:25 05/07/20 13:28 1Aroclor-1232 ND 50 ug/Kg 05/06/20 14:25 05/07/20 13:28 1Aroclor-1242 ND 50 ug/Kg 05/06/20 14:25 05/07/20 13:28 1Aroclor-1248 ND 50 ug/Kg 05/06/20 14:25 05/07/20 13:28 1Aroclor-1254 ND 50 ug/Kg 05/06/20 14:25 05/07/20 13:28 1Aroclor-1260 ND 50 ug/Kg 05/06/20 14:25 05/07/20 13:28 1Aroclor-1262 ND 50 ug/Kg 05/06/20 14:25 05/07/20 13:28 1Aroclor-1268 ND DCB Decachlorobiphenyl (Surr)85 20-155 05/06/20 14:25 05/07/20 13:28 1 Surrogate Dil FacAnalyzedPreparedQualifier Limits%Recovery Tetrachloro-m-xylene (Surr)81 05/06/20 14:25 05/07/20 13:28 125-126 Eurofins Calscience LLC Page 19 of 47 5/11/2020 1 2 3 4 5 6 7 8 9 10 11 369 Client Sample Results Job ID: 570-27442-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Method: 6010B - Metals (ICP) Lab Sample ID: 570-27442-3Client Sample ID: PIT 1 Matrix: SolidDate Collected: 05/05/20 07:52 Date Received: 05/05/20 09:26 RL Antimony ND 0.777 mg/Kg 05/07/20 16:32 05/08/20 11:47 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 0.777 mg/Kg 05/07/20 16:32 05/08/20 11:47 1Arsenic1.75 0.518 mg/Kg 05/07/20 16:32 05/08/20 11:47 1Barium44.8 0.259 mg/Kg 05/07/20 16:32 05/08/20 11:47 1Beryllium0.330 0.518 mg/Kg 05/07/20 16:32 05/08/20 11:47 1CadmiumND 0.259 mg/Kg 05/07/20 16:32 05/08/20 11:47 1Chromium10.7 0.259 mg/Kg 05/07/20 16:32 05/08/20 11:47 1Cobalt3.41 0.518 mg/Kg 05/07/20 16:32 05/08/20 11:47 1Copper4.57 0.518 mg/Kg 05/07/20 16:32 05/08/20 11:47 1Lead1.69 0.259 mg/Kg 05/07/20 16:32 05/08/20 11:47 1MolybdenumND 0.259 mg/Kg 05/07/20 16:32 05/08/20 11:47 1Nickel6.50 0.777 mg/Kg 05/07/20 16:32 05/08/20 11:47 1SeleniumND 0.259 mg/Kg 05/07/20 16:32 05/08/20 11:47 1SilverND 0.777 mg/Kg 05/07/20 16:32 05/08/20 11:47 1ThalliumND 0.259 mg/Kg 05/07/20 16:32 05/08/20 11:47 1Vanadium17.1 1.04 mg/Kg 05/07/20 16:32 05/08/20 11:47 1Zinc17.4 Lab Sample ID: 570-27442-4Client Sample ID: PIT 1 SP Matrix: SolidDate Collected: 05/05/20 07:54 Date Received: 05/05/20 09:26 RL Antimony ND 0.743 mg/Kg 05/07/20 16:32 05/08/20 11:50 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 0.743 mg/Kg 05/07/20 16:32 05/08/20 11:50 1ArsenicND 0.495 mg/Kg 05/07/20 16:32 05/08/20 11:50 1Barium46.5 0.248 mg/Kg 05/07/20 16:32 05/08/20 11:50 1Beryllium0.258 0.495 mg/Kg 05/07/20 16:32 05/08/20 11:50 1CadmiumND 0.248 mg/Kg 05/07/20 16:32 05/08/20 11:50 1Chromium8.82 0.248 mg/Kg 05/07/20 16:32 05/08/20 11:50 1Cobalt2.64 0.495 mg/Kg 05/07/20 16:32 05/08/20 11:50 1Copper7.03 0.495 mg/Kg 05/07/20 16:32 05/08/20 11:50 1Lead31.0 0.248 mg/Kg 05/07/20 16:32 05/08/20 11:50 1MolybdenumND 0.248 mg/Kg 05/07/20 16:32 05/08/20 11:50 1Nickel4.51 0.743 mg/Kg 05/07/20 16:32 05/08/20 11:50 1SeleniumND 0.248 mg/Kg 05/07/20 16:32 05/08/20 11:50 1SilverND 0.743 mg/Kg 05/07/20 16:32 05/08/20 11:50 1ThalliumND 0.248 mg/Kg 05/07/20 16:32 05/08/20 11:50 1Vanadium15.5 0.990 mg/Kg 05/07/20 16:32 05/08/20 11:50 1Zinc38.4 Lab Sample ID: 570-27442-5Client Sample ID: PIT 2 Matrix: SolidDate Collected: 05/05/20 08:08 Date Received: 05/05/20 09:26 RL Antimony ND 0.714 mg/Kg 05/07/20 16:32 05/08/20 11:52 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 0.714 mg/Kg 05/07/20 16:32 05/08/20 11:52 1ArsenicND 0.476 mg/Kg 05/07/20 16:32 05/08/20 11:52 1Barium58.6 0.238 mg/Kg 05/07/20 16:32 05/08/20 11:52 1Beryllium0.272 0.476 mg/Kg 05/07/20 16:32 05/08/20 11:52 1CadmiumND 0.238 mg/Kg 05/07/20 16:32 05/08/20 11:52 1Chromium18.3 0.238 mg/Kg 05/07/20 16:32 05/08/20 11:52 1Cobalt3.58 0.476 mg/Kg 05/07/20 16:32 05/08/20 11:52 1Copper6.56 Eurofins Calscience LLC Page 20 of 47 5/11/2020 1 2 3 4 5 6 7 8 9 10 11 370 Client Sample Results Job ID: 570-27442-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Method: 6010B - Metals (ICP) (Continued) Lab Sample ID: 570-27442-5Client Sample ID: PIT 2 Matrix: SolidDate Collected: 05/05/20 08:08 Date Received: 05/05/20 09:26 RL Lead 38.4 0.476 mg/Kg 05/07/20 16:32 05/08/20 11:52 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 0.238 mg/Kg 05/07/20 16:32 05/08/20 11:52 1MolybdenumND 0.238 mg/Kg 05/07/20 16:32 05/08/20 11:52 1Nickel6.19 0.714 mg/Kg 05/07/20 16:32 05/08/20 11:52 1SeleniumND 0.238 mg/Kg 05/07/20 16:32 05/08/20 11:52 1SilverND 0.714 mg/Kg 05/07/20 16:32 05/08/20 11:52 1ThalliumND 0.238 mg/Kg 05/07/20 16:32 05/08/20 11:52 1Vanadium13.1 0.952 mg/Kg 05/07/20 16:32 05/08/20 11:52 1Zinc21.6 Lab Sample ID: 570-27442-6Client Sample ID: PIT 2 DRYWELL Matrix: SolidDate Collected: 05/05/20 08:25 Date Received: 05/05/20 09:26 RL Antimony 22.8 0.781 mg/Kg 05/07/20 16:32 05/08/20 12:08 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 0.781 mg/Kg 05/07/20 16:32 05/08/20 12:08 1Arsenic18.6 0.521 mg/Kg 05/07/20 16:32 05/08/20 12:08 1Barium433 0.260 mg/Kg 05/07/20 16:32 05/08/20 12:08 1BerylliumND 0.521 mg/Kg 05/07/20 16:32 05/08/20 12:08 1Cadmium138 0.260 mg/Kg 05/07/20 16:32 05/08/20 12:08 1Chromium308 0.260 mg/Kg 05/07/20 16:32 05/08/20 12:08 1Cobalt9.37 0.521 mg/Kg 05/07/20 16:32 05/08/20 12:08 1Copper648 5.21 mg/Kg 05/07/20 16:32 05/08/20 23:00 10Lead10200 0.260 mg/Kg 05/07/20 16:32 05/08/20 12:08 1Molybdenum31.0 0.260 mg/Kg 05/07/20 16:32 05/08/20 12:08 1Nickel33.6 0.781 mg/Kg 05/07/20 16:32 05/08/20 12:08 1Selenium34.1 0.260 mg/Kg 05/07/20 16:32 05/08/20 12:08 1Silver0.566 0.781 mg/Kg 05/07/20 16:32 05/08/20 12:08 1ThalliumND 0.260 mg/Kg 05/07/20 16:32 05/08/20 12:08 1Vanadium6.09 1.04 mg/Kg 05/07/20 16:32 05/08/20 12:08 1Zinc868 Lab Sample ID: 570-27442-7Client Sample ID: PIT 2 SPA Matrix: SolidDate Collected: 05/05/20 08:31 Date Received: 05/05/20 09:26 RL Antimony 2.88 0.765 mg/Kg 05/07/20 16:32 05/08/20 12:10 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 0.765 mg/Kg 05/07/20 16:32 05/08/20 12:10 1Arsenic4.01 0.510 mg/Kg 05/07/20 16:32 05/08/20 12:10 1Barium110 0.255 mg/Kg 05/07/20 16:32 05/08/20 12:10 1Beryllium0.265 0.510 mg/Kg 05/07/20 16:32 05/08/20 12:10 1Cadmium2.03 0.255 mg/Kg 05/07/20 16:32 05/08/20 12:10 1Chromium29.5 0.255 mg/Kg 05/07/20 16:32 05/08/20 12:10 1Cobalt4.11 0.510 mg/Kg 05/07/20 16:32 05/08/20 12:10 1Copper59.7 0.510 mg/Kg 05/07/20 16:32 05/08/20 12:10 1Lead541 0.255 mg/Kg 05/07/20 16:32 05/08/20 12:10 1Molybdenum2.91 0.255 mg/Kg 05/07/20 16:32 05/08/20 12:10 1Nickel10.7 0.765 mg/Kg 05/07/20 16:32 05/08/20 12:10 1SeleniumND 0.255 mg/Kg 05/07/20 16:32 05/08/20 12:10 1SilverND 0.765 mg/Kg 05/07/20 16:32 05/08/20 12:10 1ThalliumND 0.255 mg/Kg 05/07/20 16:32 05/08/20 12:10 1Vanadium17.3 1.02 mg/Kg 05/07/20 16:32 05/08/20 12:10 1Zinc157 Eurofins Calscience LLC Page 21 of 47 5/11/2020 1 2 3 4 5 6 7 8 9 10 11 371 Client Sample Results Job ID: 570-27442-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Method: 6010B - Metals (ICP) Lab Sample ID: 570-27442-8Client Sample ID: PIT 2 SPB Matrix: SolidDate Collected: 05/05/20 08:35 Date Received: 05/05/20 09:26 RL Antimony 3.81 0.739 mg/Kg 05/07/20 16:32 05/08/20 12:13 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 0.739 mg/Kg 05/07/20 16:32 05/08/20 12:13 1Arsenic5.68 0.493 mg/Kg 05/07/20 16:32 05/08/20 12:13 1Barium101 0.246 mg/Kg 05/07/20 16:32 05/08/20 12:13 1BerylliumND 0.493 mg/Kg 05/07/20 16:32 05/08/20 12:13 1Cadmium2.69 0.246 mg/Kg 05/07/20 16:32 05/08/20 12:13 1Chromium23.3 0.246 mg/Kg 05/07/20 16:32 05/08/20 12:13 1Cobalt4.79 0.493 mg/Kg 05/07/20 16:32 05/08/20 12:13 1Copper79.2 0.493 mg/Kg 05/07/20 16:32 05/08/20 12:13 1Lead983 0.246 mg/Kg 05/07/20 16:32 05/08/20 12:13 1Molybdenum1.67 0.246 mg/Kg 05/07/20 16:32 05/08/20 12:13 1Nickel11.1 0.739 mg/Kg 05/07/20 16:32 05/08/20 12:13 1SeleniumND 0.246 mg/Kg 05/07/20 16:32 05/08/20 12:13 1SilverND 0.739 mg/Kg 05/07/20 16:32 05/08/20 12:13 1ThalliumND 0.246 mg/Kg 05/07/20 16:32 05/08/20 12:13 1Vanadium12.4 0.985 mg/Kg 05/07/20 16:32 05/08/20 12:13 1Zinc259 Eurofins Calscience LLC Page 22 of 47 5/11/2020 1 2 3 4 5 6 7 8 9 10 11 372 Client Sample Results Job ID: 570-27442-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Method: 7471A - Mercury (CVAA) Lab Sample ID: 570-27442-3Client Sample ID: PIT 1 Matrix: SolidDate Collected: 05/05/20 07:52 Date Received: 05/05/20 09:26 RL Mercury ND 0.0862 mg/Kg 05/07/20 16:40 05/08/20 11:44 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier Lab Sample ID: 570-27442-4Client Sample ID: PIT 1 SP Matrix: SolidDate Collected: 05/05/20 07:54 Date Received: 05/05/20 09:26 RL Mercury ND 0.0833 mg/Kg 05/07/20 16:40 05/08/20 11:46 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier Lab Sample ID: 570-27442-5Client Sample ID: PIT 2 Matrix: SolidDate Collected: 05/05/20 08:08 Date Received: 05/05/20 09:26 RL Mercury 0.0969 0.0806 mg/Kg 05/07/20 16:40 05/08/20 11:48 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier Lab Sample ID: 570-27442-6Client Sample ID: PIT 2 DRYWELL Matrix: SolidDate Collected: 05/05/20 08:25 Date Received: 05/05/20 09:26 RL Mercury 0.277 0.0877 mg/Kg 05/07/20 16:40 05/08/20 11:51 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier Lab Sample ID: 570-27442-7Client Sample ID: PIT 2 SPA Matrix: SolidDate Collected: 05/05/20 08:31 Date Received: 05/05/20 09:26 RL Mercury ND 0.0794 mg/Kg 05/07/20 16:40 05/08/20 11:57 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier Lab Sample ID: 570-27442-8Client Sample ID: PIT 2 SPB Matrix: SolidDate Collected: 05/05/20 08:35 Date Received: 05/05/20 09:26 RL Mercury ND 0.0820 mg/Kg 05/07/20 16:40 05/08/20 12:00 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier Eurofins Calscience LLC Page 23 of 47 5/11/2020 1 2 3 4 5 6 7 8 9 10 11 373 QC Sample Results Job ID: 570-27442-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Method: 8260B - Volatile Organic Compounds (GC/MS) Client Sample ID: Method BlankLab Sample ID: MB 570-67274/3-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 67236 Prep Batch: 67274 RL Acetone ND 51 ug/Kg 05/06/20 07:38 05/06/20 10:38 1 MB MB Analyte Dil FacAnalyzedPreparedDUnitResult Qualifier ND 5.1 ug/Kg 05/06/20 07:38 05/06/20 10:38 1Benzene ND 5.1 ug/Kg 05/06/20 07:38 05/06/20 10:38 1Bromobenzene ND 5.1 ug/Kg 05/06/20 07:38 05/06/20 10:38 1Bromochloromethane ND 5.1 ug/Kg 05/06/20 07:38 05/06/20 10:38 1Bromodichloromethane ND 5.1 ug/Kg 05/06/20 07:38 05/06/20 10:38 1Bromoform ND 25 ug/Kg 05/06/20 07:38 05/06/20 10:38 1Bromomethane ND 51 ug/Kg 05/06/20 07:38 05/06/20 10:38 12-Butanone ND 51 ug/Kg 05/06/20 07:38 05/06/20 10:38 1Carbon disulfide ND 5.1 ug/Kg 05/06/20 07:38 05/06/20 10:38 1Carbon tetrachloride ND 5.1 ug/Kg 05/06/20 07:38 05/06/20 10:38 1Chlorobenzene ND 5.1 ug/Kg 05/06/20 07:38 05/06/20 10:38 1Chloroethane ND 5.1 ug/Kg 05/06/20 07:38 05/06/20 10:38 1Chloroform ND 25 ug/Kg 05/06/20 07:38 05/06/20 10:38 1Chloromethane ND 5.1 ug/Kg 05/06/20 07:38 05/06/20 10:38 12-Chlorotoluene ND 5.1 ug/Kg 05/06/20 07:38 05/06/20 10:38 14-Chlorotoluene ND 5.1 ug/Kg 05/06/20 07:38 05/06/20 10:38 1cis-1,2-Dichloroethene ND 5.1 ug/Kg 05/06/20 07:38 05/06/20 10:38 1cis-1,3-Dichloropropene ND 5.1 ug/Kg 05/06/20 07:38 05/06/20 10:38 1Dibromochloromethane ND 10 ug/Kg 05/06/20 07:38 05/06/20 10:38 11,2-Dibromo-3-Chloropropane ND 5.1 ug/Kg 05/06/20 07:38 05/06/20 10:38 11,2-Dibromoethane ND 5.1 ug/Kg 05/06/20 07:38 05/06/20 10:38 1Dibromomethane ND 5.1 ug/Kg 05/06/20 07:38 05/06/20 10:38 11,2-Dichlorobenzene ND 5.1 ug/Kg 05/06/20 07:38 05/06/20 10:38 11,3-Dichlorobenzene ND 5.1 ug/Kg 05/06/20 07:38 05/06/20 10:38 11,4-Dichlorobenzene ND 5.1 ug/Kg 05/06/20 07:38 05/06/20 10:38 1Dichlorodifluoromethane ND 5.1 ug/Kg 05/06/20 07:38 05/06/20 10:38 11,1-Dichloroethane ND 5.1 ug/Kg 05/06/20 07:38 05/06/20 10:38 11,2-Dichloroethane ND 5.1 ug/Kg 05/06/20 07:38 05/06/20 10:38 11,1-Dichloroethene ND 5.1 ug/Kg 05/06/20 07:38 05/06/20 10:38 11,2-Dichloropropane ND 5.1 ug/Kg 05/06/20 07:38 05/06/20 10:38 11,3-Dichloropropane ND 5.1 ug/Kg 05/06/20 07:38 05/06/20 10:38 12,2-Dichloropropane ND 5.1 ug/Kg 05/06/20 07:38 05/06/20 10:38 11,1-Dichloropropene ND 10 ug/Kg 05/06/20 07:38 05/06/20 10:38 1Di-isopropyl ether (DIPE) ND 250 ug/Kg 05/06/20 07:38 05/06/20 10:38 1Ethanol ND 5.1 ug/Kg 05/06/20 07:38 05/06/20 10:38 1Ethylbenzene ND 10 ug/Kg 05/06/20 07:38 05/06/20 10:38 1Ethyl-t-butyl ether (ETBE) ND 51 ug/Kg 05/06/20 07:38 05/06/20 10:38 12-Hexanone ND 5.1 ug/Kg 05/06/20 07:38 05/06/20 10:38 1Isopropylbenzene ND 51 ug/Kg 05/06/20 07:38 05/06/20 10:38 1Methylene Chloride ND 51 ug/Kg 05/06/20 07:38 05/06/20 10:38 14-Methyl-2-pentanone ND 5.1 ug/Kg 05/06/20 07:38 05/06/20 10:38 1Methyl-t-Butyl Ether (MTBE) ND 5.1 ug/Kg 05/06/20 07:38 05/06/20 10:38 1m,p-Xylene ND 51 ug/Kg 05/06/20 07:38 05/06/20 10:38 1Naphthalene ND 5.1 ug/Kg 05/06/20 07:38 05/06/20 10:38 1n-Butylbenzene ND 5.1 ug/Kg 05/06/20 07:38 05/06/20 10:38 1N-Propylbenzene ND 5.1 ug/Kg 05/06/20 07:38 05/06/20 10:38 1o-Xylene ND 5.1 ug/Kg 05/06/20 07:38 05/06/20 10:38 1p-Isopropyltoluene Eurofins Calscience LLC Page 24 of 47 5/11/2020 1 2 3 4 5 6 7 8 9 10 11 374 QC Sample Results Job ID: 570-27442-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Method: 8260B - Volatile Organic Compounds (GC/MS) (Continued) Client Sample ID: Method BlankLab Sample ID: MB 570-67274/3-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 67236 Prep Batch: 67274 RL sec-Butylbenzene ND 5.1 ug/Kg 05/06/20 07:38 05/06/20 10:38 1 MB MB Analyte Dil FacAnalyzedPreparedDUnitResult Qualifier ND 5.1 ug/Kg 05/06/20 07:38 05/06/20 10:38 1Styrene ND 10 ug/Kg 05/06/20 07:38 05/06/20 10:38 1Tert-amyl-methyl ether (TAME) ND 51 ug/Kg 05/06/20 07:38 05/06/20 10:38 1tert-Butyl alcohol (TBA) ND 5.1 ug/Kg 05/06/20 07:38 05/06/20 10:38 1tert-Butylbenzene ND 5.1 ug/Kg 05/06/20 07:38 05/06/20 10:38 11,1,1,2-Tetrachloroethane ND 5.1 ug/Kg 05/06/20 07:38 05/06/20 10:38 11,1,2,2-Tetrachloroethane ND 5.1 ug/Kg 05/06/20 07:38 05/06/20 10:38 1Tetrachloroethene ND 5.1 ug/Kg 05/06/20 07:38 05/06/20 10:38 1Toluene ND 5.1 ug/Kg 05/06/20 07:38 05/06/20 10:38 1trans-1,2-Dichloroethene ND 5.1 ug/Kg 05/06/20 07:38 05/06/20 10:38 1trans-1,3-Dichloropropene ND 10 ug/Kg 05/06/20 07:38 05/06/20 10:38 11,2,3-Trichlorobenzene ND 5.1 ug/Kg 05/06/20 07:38 05/06/20 10:38 11,2,4-Trichlorobenzene ND 5.1 ug/Kg 05/06/20 07:38 05/06/20 10:38 11,1,1-Trichloroethane ND 5.1 ug/Kg 05/06/20 07:38 05/06/20 10:38 11,1,2-Trichloroethane ND 5.1 ug/Kg 05/06/20 07:38 05/06/20 10:38 1Trichloroethene ND 51 ug/Kg 05/06/20 07:38 05/06/20 10:38 1Trichlorofluoromethane ND 5.1 ug/Kg 05/06/20 07:38 05/06/20 10:38 11,2,3-Trichloropropane ND 51 ug/Kg 05/06/20 07:38 05/06/20 10:38 11,1,2-Trichloro-1,2,2-trifluoroethane ND 5.1 ug/Kg 05/06/20 07:38 05/06/20 10:38 11,2,4-Trimethylbenzene ND 5.1 ug/Kg 05/06/20 07:38 05/06/20 10:38 11,3,5-Trimethylbenzene ND 51 ug/Kg 05/06/20 07:38 05/06/20 10:38 1Vinyl acetate ND 5.1 ug/Kg 05/06/20 07:38 05/06/20 10:38 1Vinyl chloride ND 10 ug/Kg 05/06/20 07:38 05/06/20 10:38 1Xylenes, Total 4-Bromofluorobenzene (Surr)104 80-120 05/06/20 10:38 1 MB MB Surrogate 05/06/20 07:38 Dil FacPrepared AnalyzedQualifier Limits%Recovery 97 05/06/20 07:38 05/06/20 10:38 1Dibromofluoromethane (Surr)79-133 94 05/06/20 07:38 05/06/20 10:38 11,2-Dichloroethane-d4 (Surr)71-155 103 05/06/20 07:38 05/06/20 10:38 1Toluene-d8 (Surr)80-120 Client Sample ID: Lab Control SampleLab Sample ID: LCS 570-67274/1-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 67236 Prep Batch: 67274 Benzene 50.0 45.46 ug/Kg 91 78-120 Analyte LCS LCS DUnitResult Qualifier %Rec Spike Added %Rec. Limits Carbon tetrachloride 50.0 48.62 ug/Kg 97 49-139 Chlorobenzene 50.0 47.32 ug/Kg 95 79-120 1,2-Dibromoethane 50.0 47.13 ug/Kg 94 70-130 1,2-Dichlorobenzene 50.0 46.61 ug/Kg 93 75-120 1,2-Dichloroethane 50.0 43.35 ug/Kg 87 70-130 1,1-Dichloroethene 50.0 46.65 ug/Kg 93 74-122 Di-isopropyl ether (DIPE)50.0 43.54 ug/Kg 87 78-120 Ethanol 500 412.3 ug/Kg 82 56-140 Ethylbenzene 50.0 46.25 ug/Kg 92 76-120 Ethyl-t-butyl ether (ETBE)50.0 40.76 ug/Kg 82 70-124 Methyl-t-Butyl Ether (MTBE)50.0 40.32 ug/Kg 81 70-124 Eurofins Calscience LLC Page 25 of 47 5/11/2020 1 2 3 4 5 6 7 8 9 10 11 375 QC Sample Results Job ID: 570-27442-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Method: 8260B - Volatile Organic Compounds (GC/MS) (Continued) Client Sample ID: Lab Control SampleLab Sample ID: LCS 570-67274/1-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 67236 Prep Batch: 67274 m,p-Xylene 100 92.52 ug/Kg 93 70-130 Analyte LCS LCS DUnitResult Qualifier %Rec Spike Added %Rec. Limits o-Xylene 50.0 45.78 ug/Kg 92 70-130 4-Bromofluorobenzene (Surr)80 -120 Surrogate 105 LCS LCS Qualifier Limits%Recovery 98Dibromofluoromethane (Surr)79 -133 941,2-Dichloroethane-d4 (Surr)71 -155 100Toluene-d8 (Surr)80 -120 Client Sample ID: Lab Control Sample DupLab Sample ID: LCSD 570-67274/2-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 67236 Prep Batch: 67274 Benzene 50.0 45.52 ug/Kg 91 78-120 0 20 Analyte LCSD LCSD DUnitResult Qualifier %Rec Spike Added %Rec. Limits LimitRPD RPD Carbon tetrachloride 50.0 48.96 ug/Kg 98 49-139 1 20 Chlorobenzene 50.0 45.50 ug/Kg 91 79-120 4 20 1,2-Dibromoethane 50.0 47.38 ug/Kg 95 70-130 1 20 1,2-Dichlorobenzene 50.0 46.49 ug/Kg 93 75-120 0 20 1,2-Dichloroethane 50.0 43.11 ug/Kg 86 70-130 1 20 1,1-Dichloroethene 50.0 43.77 ug/Kg 88 74-122 6 20 Di-isopropyl ether (DIPE)50.0 43.33 ug/Kg 87 78-120 0 20 Ethanol 500 381.9 ug/Kg 76 56-140 8 20 Ethylbenzene 50.0 46.14 ug/Kg 92 76-120 0 20 Ethyl-t-butyl ether (ETBE)50.0 40.77 ug/Kg 82 70-124 0 20 Methyl-t-Butyl Ether (MTBE)50.0 40.41 ug/Kg 81 70-124 0 20 m,p-Xylene 100 91.07 ug/Kg 91 70-130 2 20 o-Xylene 50.0 46.35 ug/Kg 93 70-130 1 20 4-Bromofluorobenzene (Surr)80 -120 Surrogate 105 LCSD LCSD Qualifier Limits%Recovery 98Dibromofluoromethane (Surr)79 -133 941,2-Dichloroethane-d4 (Surr)71 -155 100Toluene-d8 (Surr)80 -120 Client Sample ID: PIT 1 SPLab Sample ID: 570-27442-4 MS Matrix: Solid Prep Type: Total/NA Analysis Batch: 67236 Prep Batch: 67274 Benzene ND 51.0 47.93 ug/Kg 94 61-127 Analyte MS MS DUnitResult Qualifier %Rec Spike Added Sample Result Sample Qualifier %Rec. Limits Carbon tetrachloride ND 51.0 51.87 ug/Kg 102 51-135 Chlorobenzene ND 51.0 48.62 ug/Kg 95 57-123 1,2-Dibromoethane ND 51.0 51.77 ug/Kg 101 64-124 1,2-Dichlorobenzene ND 51.0 48.42 ug/Kg 95 35-131 1,2-Dichloroethane ND 51.0 46.15 ug/Kg 90 70-130 1,1-Dichloroethene ND 51.0 45.84 ug/Kg 90 47-143 Di-isopropyl ether (DIPE)ND 51.0 47.03 ug/Kg 92 57-129 Eurofins Calscience LLC Page 26 of 47 5/11/2020 1 2 3 4 5 6 7 8 9 10 11 376 QC Sample Results Job ID: 570-27442-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Method: 8260B - Volatile Organic Compounds (GC/MS) (Continued) Client Sample ID: PIT 1 SPLab Sample ID: 570-27442-4 MS Matrix: Solid Prep Type: Total/NA Analysis Batch: 67236 Prep Batch: 67274 Ethanol ND 510 474.9 ug/Kg 93 17-167 Analyte MS MS DUnitResult Qualifier %Rec Spike Added Sample Result Sample Qualifier %Rec. Limits Ethylbenzene ND 51.0 47.60 ug/Kg 93 57-129 Ethyl-t-butyl ether (ETBE)ND 51.0 43.87 ug/Kg 86 55-127 Methyl-t-Butyl Ether (MTBE)ND 51.0 43.99 ug/Kg 86 57-123 m,p-Xylene ND 102 95.73 ug/Kg 94 70-130 o-Xylene ND 51.0 48.72 ug/Kg 95 70-130 4-Bromofluorobenzene (Surr)80 -120 Surrogate 101 MS MS Qualifier Limits%Recovery 101Dibromofluoromethane (Surr)79 -133 961,2-Dichloroethane-d4 (Surr)71 -155 97Toluene-d8 (Surr)80 -120 Client Sample ID: PIT 1 SPLab Sample ID: 570-27442-4 MSD Matrix: Solid Prep Type: Total/NA Analysis Batch: 67236 Prep Batch: 67274 Benzene ND 50.8 43.94 ug/Kg 86 61-127 9 20 Analyte MSD MSD DUnitResult Qualifier %Rec Spike Added Sample Result Sample Qualifier %Rec. Limits LimitRPD RPD Carbon tetrachloride ND 50.8 48.11 ug/Kg 95 51-135 8 29 Chlorobenzene ND 50.8 43.19 ug/Kg 85 57-123 12 20 1,2-Dibromoethane ND 50.8 46.25 ug/Kg 91 64-124 11 20 1,2-Dichlorobenzene ND 50.8 42.52 ug/Kg 84 35-131 13 25 1,2-Dichloroethane ND 50.8 41.80 ug/Kg 82 70-130 10 20 1,1-Dichloroethene ND 50.8 42.87 ug/Kg 84 47-143 7 25 Di-isopropyl ether (DIPE)ND 50.8 41.37 ug/Kg 81 57-129 13 20 Ethanol ND 508 387.7 ug/Kg 76 17-167 20 47 Ethylbenzene ND 50.8 42.90 ug/Kg 84 57-129 10 22 Ethyl-t-butyl ether (ETBE)ND 50.8 39.54 ug/Kg 78 55-127 10 20 Methyl-t-Butyl Ether (MTBE)ND 50.8 39.43 ug/Kg 78 57-123 11 21 m,p-Xylene ND 102 85.80 ug/Kg 84 70-130 11 20 o-Xylene ND 50.8 43.45 ug/Kg 86 70-130 11 20 4-Bromofluorobenzene (Surr)80 -120 Surrogate 104 MSD MSD Qualifier Limits%Recovery 102Dibromofluoromethane (Surr)79 -133 961,2-Dichloroethane-d4 (Surr)71 -155 101Toluene-d8 (Surr)80 -120 Client Sample ID: Method BlankLab Sample ID: MB 570-67275/3-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 67238 Prep Batch: 67275 RL Acetone ND 50 ug/Kg 05/06/20 07:38 05/06/20 10:18 1 MB MB Analyte Dil FacAnalyzedPreparedDUnitResult Qualifier ND 5.0 ug/Kg 05/06/20 07:38 05/06/20 10:18 1Benzene ND 5.0 ug/Kg 05/06/20 07:38 05/06/20 10:18 1Bromobenzene ND 5.0 ug/Kg 05/06/20 07:38 05/06/20 10:18 1Bromochloromethane Eurofins Calscience LLC Page 27 of 47 5/11/2020 1 2 3 4 5 6 7 8 9 10 11 377 QC Sample Results Job ID: 570-27442-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Method: 8260B - Volatile Organic Compounds (GC/MS) (Continued) Client Sample ID: Method BlankLab Sample ID: MB 570-67275/3-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 67238 Prep Batch: 67275 RL Bromodichloromethane ND 5.0 ug/Kg 05/06/20 07:38 05/06/20 10:18 1 MB MB Analyte Dil FacAnalyzedPreparedDUnitResult Qualifier ND 5.0 ug/Kg 05/06/20 07:38 05/06/20 10:18 1Bromoform ND 25 ug/Kg 05/06/20 07:38 05/06/20 10:18 1Bromomethane ND 50 ug/Kg 05/06/20 07:38 05/06/20 10:18 12-Butanone ND 50 ug/Kg 05/06/20 07:38 05/06/20 10:18 1Carbon disulfide ND 5.0 ug/Kg 05/06/20 07:38 05/06/20 10:18 1Carbon tetrachloride ND 5.0 ug/Kg 05/06/20 07:38 05/06/20 10:18 1Chlorobenzene ND 5.0 ug/Kg 05/06/20 07:38 05/06/20 10:18 1Chloroethane ND 5.0 ug/Kg 05/06/20 07:38 05/06/20 10:18 1Chloroform ND 25 ug/Kg 05/06/20 07:38 05/06/20 10:18 1Chloromethane ND 5.0 ug/Kg 05/06/20 07:38 05/06/20 10:18 12-Chlorotoluene ND 5.0 ug/Kg 05/06/20 07:38 05/06/20 10:18 14-Chlorotoluene ND 5.0 ug/Kg 05/06/20 07:38 05/06/20 10:18 1cis-1,2-Dichloroethene ND 5.0 ug/Kg 05/06/20 07:38 05/06/20 10:18 1cis-1,3-Dichloropropene ND 5.0 ug/Kg 05/06/20 07:38 05/06/20 10:18 1Dibromochloromethane ND 10 ug/Kg 05/06/20 07:38 05/06/20 10:18 11,2-Dibromo-3-Chloropropane ND 5.0 ug/Kg 05/06/20 07:38 05/06/20 10:18 11,2-Dibromoethane ND 5.0 ug/Kg 05/06/20 07:38 05/06/20 10:18 1Dibromomethane ND 5.0 ug/Kg 05/06/20 07:38 05/06/20 10:18 11,2-Dichlorobenzene ND 5.0 ug/Kg 05/06/20 07:38 05/06/20 10:18 11,3-Dichlorobenzene ND 5.0 ug/Kg 05/06/20 07:38 05/06/20 10:18 11,4-Dichlorobenzene ND 5.0 ug/Kg 05/06/20 07:38 05/06/20 10:18 1Dichlorodifluoromethane ND 5.0 ug/Kg 05/06/20 07:38 05/06/20 10:18 11,1-Dichloroethane ND 5.0 ug/Kg 05/06/20 07:38 05/06/20 10:18 11,2-Dichloroethane ND 5.0 ug/Kg 05/06/20 07:38 05/06/20 10:18 11,1-Dichloroethene ND 5.0 ug/Kg 05/06/20 07:38 05/06/20 10:18 11,2-Dichloropropane ND 5.0 ug/Kg 05/06/20 07:38 05/06/20 10:18 11,3-Dichloropropane ND 5.0 ug/Kg 05/06/20 07:38 05/06/20 10:18 12,2-Dichloropropane ND 5.0 ug/Kg 05/06/20 07:38 05/06/20 10:18 11,1-Dichloropropene ND 10 ug/Kg 05/06/20 07:38 05/06/20 10:18 1Di-isopropyl ether (DIPE) ND 250 ug/Kg 05/06/20 07:38 05/06/20 10:18 1Ethanol ND 5.0 ug/Kg 05/06/20 07:38 05/06/20 10:18 1Ethylbenzene ND 10 ug/Kg 05/06/20 07:38 05/06/20 10:18 1Ethyl-t-butyl ether (ETBE) ND 50 ug/Kg 05/06/20 07:38 05/06/20 10:18 12-Hexanone ND 5.0 ug/Kg 05/06/20 07:38 05/06/20 10:18 1Isopropylbenzene ND 50 ug/Kg 05/06/20 07:38 05/06/20 10:18 1Methylene Chloride ND 50 ug/Kg 05/06/20 07:38 05/06/20 10:18 14-Methyl-2-pentanone ND 5.0 ug/Kg 05/06/20 07:38 05/06/20 10:18 1Methyl-t-Butyl Ether (MTBE) ND 5.0 ug/Kg 05/06/20 07:38 05/06/20 10:18 1m,p-Xylene ND 50 ug/Kg 05/06/20 07:38 05/06/20 10:18 1Naphthalene ND 5.0 ug/Kg 05/06/20 07:38 05/06/20 10:18 1n-Butylbenzene ND 5.0 ug/Kg 05/06/20 07:38 05/06/20 10:18 1N-Propylbenzene ND 5.0 ug/Kg 05/06/20 07:38 05/06/20 10:18 1o-Xylene ND 5.0 ug/Kg 05/06/20 07:38 05/06/20 10:18 1p-Isopropyltoluene ND 5.0 ug/Kg 05/06/20 07:38 05/06/20 10:18 1sec-Butylbenzene ND 5.0 ug/Kg 05/06/20 07:38 05/06/20 10:18 1Styrene ND 10 ug/Kg 05/06/20 07:38 05/06/20 10:18 1Tert-amyl-methyl ether (TAME) ND 50 ug/Kg 05/06/20 07:38 05/06/20 10:18 1tert-Butyl alcohol (TBA) ND 5.0 ug/Kg 05/06/20 07:38 05/06/20 10:18 1tert-Butylbenzene Eurofins Calscience LLC Page 28 of 47 5/11/2020 1 2 3 4 5 6 7 8 9 10 11 378 QC Sample Results Job ID: 570-27442-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Method: 8260B - Volatile Organic Compounds (GC/MS) (Continued) Client Sample ID: Method BlankLab Sample ID: MB 570-67275/3-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 67238 Prep Batch: 67275 RL 1,1,1,2-Tetrachloroethane ND 5.0 ug/Kg 05/06/20 07:38 05/06/20 10:18 1 MB MB Analyte Dil FacAnalyzedPreparedDUnitResult Qualifier ND 5.0 ug/Kg 05/06/20 07:38 05/06/20 10:18 11,1,2,2-Tetrachloroethane ND 5.0 ug/Kg 05/06/20 07:38 05/06/20 10:18 1Tetrachloroethene ND 5.0 ug/Kg 05/06/20 07:38 05/06/20 10:18 1Toluene ND 5.0 ug/Kg 05/06/20 07:38 05/06/20 10:18 1trans-1,2-Dichloroethene ND 5.0 ug/Kg 05/06/20 07:38 05/06/20 10:18 1trans-1,3-Dichloropropene ND 10 ug/Kg 05/06/20 07:38 05/06/20 10:18 11,2,3-Trichlorobenzene ND 5.0 ug/Kg 05/06/20 07:38 05/06/20 10:18 11,2,4-Trichlorobenzene ND 5.0 ug/Kg 05/06/20 07:38 05/06/20 10:18 11,1,1-Trichloroethane ND 5.0 ug/Kg 05/06/20 07:38 05/06/20 10:18 11,1,2-Trichloroethane ND 5.0 ug/Kg 05/06/20 07:38 05/06/20 10:18 1Trichloroethene ND 50 ug/Kg 05/06/20 07:38 05/06/20 10:18 1Trichlorofluoromethane ND 5.0 ug/Kg 05/06/20 07:38 05/06/20 10:18 11,2,3-Trichloropropane ND 50 ug/Kg 05/06/20 07:38 05/06/20 10:18 11,1,2-Trichloro-1,2,2-trifluoroethane ND 5.0 ug/Kg 05/06/20 07:38 05/06/20 10:18 11,2,4-Trimethylbenzene ND 5.0 ug/Kg 05/06/20 07:38 05/06/20 10:18 11,3,5-Trimethylbenzene ND 50 ug/Kg 05/06/20 07:38 05/06/20 10:18 1Vinyl acetate ND 5.0 ug/Kg 05/06/20 07:38 05/06/20 10:18 1Vinyl chloride ND 10 ug/Kg 05/06/20 07:38 05/06/20 10:18 1Xylenes, Total 4-Bromofluorobenzene (Surr)98 80-120 05/06/20 10:18 1 MB MB Surrogate 05/06/20 07:38 Dil FacPrepared AnalyzedQualifier Limits%Recovery 99 05/06/20 07:38 05/06/20 10:18 1Dibromofluoromethane (Surr)79-133 100 05/06/20 07:38 05/06/20 10:18 11,2-Dichloroethane-d4 (Surr)71-155 99 05/06/20 07:38 05/06/20 10:18 1Toluene-d8 (Surr)80-120 Client Sample ID: Lab Control SampleLab Sample ID: LCS 570-67275/1-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 67238 Prep Batch: 67275 Benzene 50.0 50.60 ug/Kg 101 78-120 Analyte LCS LCS DUnitResult Qualifier %Rec Spike Added %Rec. Limits Carbon tetrachloride 50.0 49.35 ug/Kg 99 49-139 Chlorobenzene 50.0 50.44 ug/Kg 101 79-120 1,2-Dibromoethane 50.0 51.17 ug/Kg 102 70-130 1,2-Dichlorobenzene 50.0 49.85 ug/Kg 100 75-120 1,2-Dichloroethane 50.0 49.85 ug/Kg 100 70-130 1,1-Dichloroethene 50.0 48.25 ug/Kg 96 74-122 Di-isopropyl ether (DIPE)50.0 49.49 ug/Kg 99 78-120 Ethanol 500 542.7 ug/Kg 109 56-140 Ethylbenzene 50.0 50.86 ug/Kg 102 76-120 Ethyl-t-butyl ether (ETBE)50.0 44.42 ug/Kg 89 70-124 Methyl-t-Butyl Ether (MTBE)50.0 41.60 ug/Kg 83 70-124 m,p-Xylene 100 103.6 ug/Kg 104 70-130 o-Xylene 50.0 50.72 ug/Kg 101 70-130 4-Bromofluorobenzene (Surr)80 -120 Surrogate 98 LCS LCS Qualifier Limits%Recovery Eurofins Calscience LLC Page 29 of 47 5/11/2020 1 2 3 4 5 6 7 8 9 10 11 379 QC Sample Results Job ID: 570-27442-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Method: 8260B - Volatile Organic Compounds (GC/MS) (Continued) Client Sample ID: Lab Control SampleLab Sample ID: LCS 570-67275/1-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 67238 Prep Batch: 67275 Dibromofluoromethane (Surr)79 -133 Surrogate 98 LCS LCS Qualifier Limits%Recovery 971,2-Dichloroethane-d4 (Surr)71 -155 101Toluene-d8 (Surr)80 -120 Client Sample ID: Lab Control Sample DupLab Sample ID: LCSD 570-67275/2-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 67238 Prep Batch: 67275 Benzene 50.0 48.88 ug/Kg 98 78-120 3 20 Analyte LCSD LCSD DUnitResult Qualifier %Rec Spike Added %Rec. Limits LimitRPD RPD Carbon tetrachloride 50.0 47.24 ug/Kg 94 49-139 4 20 Chlorobenzene 50.0 48.95 ug/Kg 98 79-120 3 20 1,2-Dibromoethane 50.0 50.00 ug/Kg 100 70-130 2 20 1,2-Dichlorobenzene 50.0 48.82 ug/Kg 98 75-120 2 20 1,2-Dichloroethane 50.0 48.14 ug/Kg 96 70-130 3 20 1,1-Dichloroethene 50.0 46.08 ug/Kg 92 74-122 5 20 Di-isopropyl ether (DIPE)50.0 47.49 ug/Kg 95 78-120 4 20 Ethanol 500 520.4 ug/Kg 104 56-140 4 20 Ethylbenzene 50.0 48.70 ug/Kg 97 76-120 4 20 Ethyl-t-butyl ether (ETBE)50.0 43.31 ug/Kg 87 70-124 3 20 Methyl-t-Butyl Ether (MTBE)50.0 40.24 ug/Kg 80 70-124 3 20 m,p-Xylene 100 99.13 ug/Kg 99 70-130 4 20 o-Xylene 50.0 49.09 ug/Kg 98 70-130 3 20 4-Bromofluorobenzene (Surr)80 -120 Surrogate 99 LCSD LCSD Qualifier Limits%Recovery 98Dibromofluoromethane (Surr)79 -133 951,2-Dichloroethane-d4 (Surr)71 -155 100Toluene-d8 (Surr)80 -120 Client Sample ID: PIT 1Lab Sample ID: 570-27442-3 MS Matrix: Solid Prep Type: Total/NA Analysis Batch: 67238 Prep Batch: 67275 Benzene ND 49.9 47.21 ug/Kg 95 61-127 Analyte MS MS DUnitResult Qualifier %Rec Spike Added Sample Result Sample Qualifier %Rec. Limits Carbon tetrachloride ND 49.9 41.20 ug/Kg 83 51-135 Chlorobenzene ND 49.9 47.43 ug/Kg 95 57-123 1,2-Dibromoethane ND 49.9 48.98 ug/Kg 98 64-124 1,2-Dichlorobenzene ND 49.9 47.64 ug/Kg 95 35-131 1,2-Dichloroethane ND 49.9 47.24 ug/Kg 95 70-130 1,1-Dichloroethene ND 49.9 45.53 ug/Kg 91 47-143 Di-isopropyl ether (DIPE)ND 49.9 46.74 ug/Kg 94 57-129 Ethanol ND 499 618.7 ug/Kg 124 17-167 Ethylbenzene ND 49.9 47.23 ug/Kg 95 57-129 Ethyl-t-butyl ether (ETBE)ND 49.9 42.18 ug/Kg 85 55-127 Methyl-t-Butyl Ether (MTBE)ND 49.9 40.21 ug/Kg 81 57-123 m,p-Xylene ND 99.8 95.77 ug/Kg 96 70-130 Eurofins Calscience LLC Page 30 of 47 5/11/2020 1 2 3 4 5 6 7 8 9 10 11 380 QC Sample Results Job ID: 570-27442-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Method: 8260B - Volatile Organic Compounds (GC/MS) (Continued) Client Sample ID: PIT 1Lab Sample ID: 570-27442-3 MS Matrix: Solid Prep Type: Total/NA Analysis Batch: 67238 Prep Batch: 67275 o-Xylene ND 49.9 47.15 ug/Kg 94 70-130 Analyte MS MS DUnitResult Qualifier %Rec Spike Added Sample Result Sample Qualifier %Rec. Limits 4-Bromofluorobenzene (Surr)80 -120 Surrogate 98 MS MS Qualifier Limits%Recovery 99Dibromofluoromethane (Surr)79 -133 991,2-Dichloroethane-d4 (Surr)71 -155 100Toluene-d8 (Surr)80 -120 Client Sample ID: PIT 1Lab Sample ID: 570-27442-3 MSD Matrix: Solid Prep Type: Total/NA Analysis Batch: 67238 Prep Batch: 67275 Benzene ND 50.1 48.99 ug/Kg 98 61-127 4 20 Analyte MSD MSD DUnitResult Qualifier %Rec Spike Added Sample Result Sample Qualifier %Rec. Limits LimitRPD RPD Carbon tetrachloride ND 50.1 44.56 ug/Kg 89 51-135 8 29 Chlorobenzene ND 50.1 47.85 ug/Kg 96 57-123 1 20 1,2-Dibromoethane ND 50.1 51.33 ug/Kg 102 64-124 5 20 1,2-Dichlorobenzene ND 50.1 47.95 ug/Kg 96 35-131 1 25 1,2-Dichloroethane ND 50.1 49.14 ug/Kg 98 70-130 4 20 1,1-Dichloroethene ND 50.1 46.59 ug/Kg 93 47-143 2 25 Di-isopropyl ether (DIPE)ND 50.1 47.36 ug/Kg 95 57-129 1 20 Ethanol ND 501 511.5 ug/Kg 102 17-167 19 47 Ethylbenzene ND 50.1 47.88 ug/Kg 96 57-129 1 22 Ethyl-t-butyl ether (ETBE)ND 50.1 43.53 ug/Kg 87 55-127 3 20 Methyl-t-Butyl Ether (MTBE)ND 50.1 41.35 ug/Kg 83 57-123 3 21 m,p-Xylene ND 100 96.54 ug/Kg 96 70-130 1 20 o-Xylene ND 50.1 48.25 ug/Kg 96 70-130 2 20 4-Bromofluorobenzene (Surr)80 -120 Surrogate 99 MSD MSD Qualifier Limits%Recovery 99Dibromofluoromethane (Surr)79 -133 991,2-Dichloroethane-d4 (Surr)71 -155 99Toluene-d8 (Surr)80 -120 Client Sample ID: Method BlankLab Sample ID: MB 570-67277/1-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 67238 Prep Batch: 67277 RL Acetone ND 5000 ug/Kg 05/06/20 07:39 05/06/20 10:45 50 MB MB Analyte Dil FacAnalyzedPreparedDUnitResult Qualifier ND 500 ug/Kg 05/06/20 07:39 05/06/20 10:45 50Benzene ND 500 ug/Kg 05/06/20 07:39 05/06/20 10:45 50Bromobenzene ND 500 ug/Kg 05/06/20 07:39 05/06/20 10:45 50Bromochloromethane ND 500 ug/Kg 05/06/20 07:39 05/06/20 10:45 50Bromodichloromethane ND 500 ug/Kg 05/06/20 07:39 05/06/20 10:45 50Bromoform ND 2500 ug/Kg 05/06/20 07:39 05/06/20 10:45 50Bromomethane ND 5000 ug/Kg 05/06/20 07:39 05/06/20 10:45 502-Butanone ND 5000 ug/Kg 05/06/20 07:39 05/06/20 10:45 50Carbon disulfide Eurofins Calscience LLC Page 31 of 47 5/11/2020 1 2 3 4 5 6 7 8 9 10 11 381 QC Sample Results Job ID: 570-27442-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Method: 8260B - Volatile Organic Compounds (GC/MS) (Continued) Client Sample ID: Method BlankLab Sample ID: MB 570-67277/1-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 67238 Prep Batch: 67277 RL Carbon tetrachloride ND 500 ug/Kg 05/06/20 07:39 05/06/20 10:45 50 MB MB Analyte Dil FacAnalyzedPreparedDUnitResult Qualifier ND 500 ug/Kg 05/06/20 07:39 05/06/20 10:45 50Chlorobenzene ND 500 ug/Kg 05/06/20 07:39 05/06/20 10:45 50Chloroethane ND 500 ug/Kg 05/06/20 07:39 05/06/20 10:45 50Chloroform ND 2500 ug/Kg 05/06/20 07:39 05/06/20 10:45 50Chloromethane ND 500 ug/Kg 05/06/20 07:39 05/06/20 10:45 502-Chlorotoluene ND 500 ug/Kg 05/06/20 07:39 05/06/20 10:45 504-Chlorotoluene ND 500 ug/Kg 05/06/20 07:39 05/06/20 10:45 50cis-1,2-Dichloroethene ND 500 ug/Kg 05/06/20 07:39 05/06/20 10:45 50cis-1,3-Dichloropropene ND 500 ug/Kg 05/06/20 07:39 05/06/20 10:45 50Dibromochloromethane ND 1000 ug/Kg 05/06/20 07:39 05/06/20 10:45 501,2-Dibromo-3-Chloropropane ND 500 ug/Kg 05/06/20 07:39 05/06/20 10:45 501,2-Dibromoethane ND 500 ug/Kg 05/06/20 07:39 05/06/20 10:45 50Dibromomethane ND 500 ug/Kg 05/06/20 07:39 05/06/20 10:45 501,2-Dichlorobenzene ND 500 ug/Kg 05/06/20 07:39 05/06/20 10:45 501,3-Dichlorobenzene ND 500 ug/Kg 05/06/20 07:39 05/06/20 10:45 501,4-Dichlorobenzene ND 500 ug/Kg 05/06/20 07:39 05/06/20 10:45 50Dichlorodifluoromethane ND 500 ug/Kg 05/06/20 07:39 05/06/20 10:45 501,1-Dichloroethane ND 500 ug/Kg 05/06/20 07:39 05/06/20 10:45 501,2-Dichloroethane ND 500 ug/Kg 05/06/20 07:39 05/06/20 10:45 501,1-Dichloroethene ND 500 ug/Kg 05/06/20 07:39 05/06/20 10:45 501,2-Dichloropropane ND 500 ug/Kg 05/06/20 07:39 05/06/20 10:45 501,3-Dichloropropane ND 500 ug/Kg 05/06/20 07:39 05/06/20 10:45 502,2-Dichloropropane ND 500 ug/Kg 05/06/20 07:39 05/06/20 10:45 501,1-Dichloropropene ND 1000 ug/Kg 05/06/20 07:39 05/06/20 10:45 50Di-isopropyl ether (DIPE) ND 25000 ug/Kg 05/06/20 07:39 05/06/20 10:45 50Ethanol ND 500 ug/Kg 05/06/20 07:39 05/06/20 10:45 50Ethylbenzene ND 1000 ug/Kg 05/06/20 07:39 05/06/20 10:45 50Ethyl-t-butyl ether (ETBE) ND 5000 ug/Kg 05/06/20 07:39 05/06/20 10:45 502-Hexanone ND 500 ug/Kg 05/06/20 07:39 05/06/20 10:45 50Isopropylbenzene ND 5000 ug/Kg 05/06/20 07:39 05/06/20 10:45 50Methylene Chloride ND 5000 ug/Kg 05/06/20 07:39 05/06/20 10:45 504-Methyl-2-pentanone ND 500 ug/Kg 05/06/20 07:39 05/06/20 10:45 50Methyl-t-Butyl Ether (MTBE) ND 500 ug/Kg 05/06/20 07:39 05/06/20 10:45 50m,p-Xylene ND 5000 ug/Kg 05/06/20 07:39 05/06/20 10:45 50Naphthalene ND 500 ug/Kg 05/06/20 07:39 05/06/20 10:45 50n-Butylbenzene ND 500 ug/Kg 05/06/20 07:39 05/06/20 10:45 50N-Propylbenzene ND 500 ug/Kg 05/06/20 07:39 05/06/20 10:45 50o-Xylene ND 500 ug/Kg 05/06/20 07:39 05/06/20 10:45 50p-Isopropyltoluene ND 500 ug/Kg 05/06/20 07:39 05/06/20 10:45 50sec-Butylbenzene ND 500 ug/Kg 05/06/20 07:39 05/06/20 10:45 50Styrene ND 1000 ug/Kg 05/06/20 07:39 05/06/20 10:45 50Tert-amyl-methyl ether (TAME) ND 5000 ug/Kg 05/06/20 07:39 05/06/20 10:45 50tert-Butyl alcohol (TBA) ND 500 ug/Kg 05/06/20 07:39 05/06/20 10:45 50tert-Butylbenzene ND 500 ug/Kg 05/06/20 07:39 05/06/20 10:45 501,1,1,2-Tetrachloroethane ND 500 ug/Kg 05/06/20 07:39 05/06/20 10:45 501,1,2,2-Tetrachloroethane ND 500 ug/Kg 05/06/20 07:39 05/06/20 10:45 50Tetrachloroethene ND 500 ug/Kg 05/06/20 07:39 05/06/20 10:45 50Toluene ND 500 ug/Kg 05/06/20 07:39 05/06/20 10:45 50trans-1,2-Dichloroethene Eurofins Calscience LLC Page 32 of 47 5/11/2020 1 2 3 4 5 6 7 8 9 10 11 382 QC Sample Results Job ID: 570-27442-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Method: 8260B - Volatile Organic Compounds (GC/MS) (Continued) Client Sample ID: Method BlankLab Sample ID: MB 570-67277/1-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 67238 Prep Batch: 67277 RL trans-1,3-Dichloropropene ND 500 ug/Kg 05/06/20 07:39 05/06/20 10:45 50 MB MB Analyte Dil FacAnalyzedPreparedDUnitResult Qualifier ND 1000 ug/Kg 05/06/20 07:39 05/06/20 10:45 501,2,3-Trichlorobenzene ND 500 ug/Kg 05/06/20 07:39 05/06/20 10:45 501,2,4-Trichlorobenzene ND 500 ug/Kg 05/06/20 07:39 05/06/20 10:45 501,1,1-Trichloroethane ND 500 ug/Kg 05/06/20 07:39 05/06/20 10:45 501,1,2-Trichloroethane ND 500 ug/Kg 05/06/20 07:39 05/06/20 10:45 50Trichloroethene ND 5000 ug/Kg 05/06/20 07:39 05/06/20 10:45 50Trichlorofluoromethane ND 500 ug/Kg 05/06/20 07:39 05/06/20 10:45 501,2,3-Trichloropropane ND 5000 ug/Kg 05/06/20 07:39 05/06/20 10:45 501,1,2-Trichloro-1,2,2-trifluoroethane ND 500 ug/Kg 05/06/20 07:39 05/06/20 10:45 501,2,4-Trimethylbenzene ND 500 ug/Kg 05/06/20 07:39 05/06/20 10:45 501,3,5-Trimethylbenzene ND 5000 ug/Kg 05/06/20 07:39 05/06/20 10:45 50Vinyl acetate ND 500 ug/Kg 05/06/20 07:39 05/06/20 10:45 50Vinyl chloride ND 1000 ug/Kg 05/06/20 07:39 05/06/20 10:45 50Xylenes, Total 4-Bromofluorobenzene (Surr)98 80-120 05/06/20 10:45 50 MB MB Surrogate 05/06/20 07:39 Dil FacPrepared AnalyzedQualifier Limits%Recovery 93 05/06/20 07:39 05/06/20 10:45 50Dibromofluoromethane (Surr)79-133 89 05/06/20 07:39 05/06/20 10:45 501,2-Dichloroethane-d4 (Surr)71-155 101 05/06/20 07:39 05/06/20 10:45 50Toluene-d8 (Surr)80-120 Method: 8015B - Diesel Range Organics (DRO) (GC) Client Sample ID: Method BlankLab Sample ID: MB 570-67717/1-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 67570 Prep Batch: 67717 RL C6 as C6 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 20:13 1 MB MB Analyte Dil FacAnalyzedPreparedDUnitResult Qualifier ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 20:13 1C7 as C7 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 20:13 1C8 as C8 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 20:13 1C9-C10 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 20:13 1C11-C12 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 20:13 1C13-C14 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 20:13 1C15-C16 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 20:13 1C17-C18 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 20:13 1C19-C20 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 20:13 1C21-C22 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 20:13 1C23-C24 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 20:13 1C25-C28 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 20:13 1C29-C32 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 20:13 1C33-C36 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 20:13 1C37-C40 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 20:13 1C41-C44 ND 5.0 mg/Kg 05/07/20 17:54 05/07/20 20:13 1C6-C44 n-Octacosane (Surr)101 61-145 05/07/20 20:13 1 MB MB Surrogate 05/07/20 17:54 Dil FacPrepared AnalyzedQualifier Limits%Recovery Eurofins Calscience LLC Page 33 of 47 5/11/2020 1 2 3 4 5 6 7 8 9 10 11 383 QC Sample Results Job ID: 570-27442-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Method: 8015B - Diesel Range Organics (DRO) (GC) (Continued) Client Sample ID: Lab Control SampleLab Sample ID: LCS 570-67717/2-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 67570 Prep Batch: 67717 TPH as Diesel (C10-C28)400 389.5 mg/Kg 97 67-121 Analyte LCS LCS DUnitResult Qualifier %Rec Spike Added %Rec. Limits n-Octacosane (Surr)61 -145 Surrogate 99 LCS LCS Qualifier Limits%Recovery Client Sample ID: Lab Control Sample DupLab Sample ID: LCSD 570-67717/3-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 67570 Prep Batch: 67717 TPH as Diesel (C10-C28)400 390.5 mg/Kg 98 67-121 0 20 Analyte LCSD LCSD DUnitResult Qualifier %Rec Spike Added %Rec. Limits LimitRPD RPD n-Octacosane (Surr)61 -145 Surrogate 98 LCSD LCSD Qualifier Limits%Recovery Client Sample ID: LIFT SPLab Sample ID: 570-27442-2 MS Matrix: Solid Prep Type: Total/NA Analysis Batch: 67570 Prep Batch: 67717 TPH as Diesel (C10-C28)ND 396 373.3 mg/Kg 94 33-153 Analyte MS MS DUnitResult Qualifier %Rec Spike Added Sample Result Sample Qualifier %Rec. Limits n-Octacosane (Surr)61 -145 Surrogate 97 MS MS Qualifier Limits%Recovery Client Sample ID: LIFT SPLab Sample ID: 570-27442-2 MSD Matrix: Solid Prep Type: Total/NA Analysis Batch: 67570 Prep Batch: 67717 TPH as Diesel (C10-C28)ND 392 355.7 mg/Kg 91 33-153 5 32 Analyte MSD MSD DUnitResult Qualifier %Rec Spike Added Sample Result Sample Qualifier %Rec. Limits LimitRPD RPD n-Octacosane (Surr)61 -145 Surrogate 95 MSD MSD Qualifier Limits%Recovery Method: 8082 - Polychlorinated Biphenyls (PCBs) by Gas Chromatography Client Sample ID: Method BlankLab Sample ID: MB 570-67385/1-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 67405 Prep Batch: 67385 RL Aroclor-1016 ND 50 ug/Kg 05/06/20 14:25 05/07/20 11:04 1 MB MB Analyte Dil FacAnalyzedPreparedDUnitResult Qualifier ND 50 ug/Kg 05/06/20 14:25 05/07/20 11:04 1Aroclor-1221 ND 50 ug/Kg 05/06/20 14:25 05/07/20 11:04 1Aroclor-1232 ND 50 ug/Kg 05/06/20 14:25 05/07/20 11:04 1Aroclor-1242 ND 50 ug/Kg 05/06/20 14:25 05/07/20 11:04 1Aroclor-1248 ND 50 ug/Kg 05/06/20 14:25 05/07/20 11:04 1Aroclor-1254 Eurofins Calscience LLC Page 34 of 47 5/11/2020 1 2 3 4 5 6 7 8 9 10 11 384 QC Sample Results Job ID: 570-27442-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Method: 8082 - Polychlorinated Biphenyls (PCBs) by Gas Chromatography (Continued) Client Sample ID: Method BlankLab Sample ID: MB 570-67385/1-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 67405 Prep Batch: 67385 RL Aroclor-1260 ND 50 ug/Kg 05/06/20 14:25 05/07/20 11:04 1 MB MB Analyte Dil FacAnalyzedPreparedDUnitResult Qualifier ND 50 ug/Kg 05/06/20 14:25 05/07/20 11:04 1Aroclor-1262 ND 50 ug/Kg 05/06/20 14:25 05/07/20 11:04 1Aroclor-1268 DCB Decachlorobiphenyl (Surr)91 20-155 05/07/20 11:04 1 MB MB Surrogate 05/06/20 14:25 Dil FacPrepared AnalyzedQualifier Limits%Recovery 85 05/06/20 14:25 05/07/20 11:04 1Tetrachloro-m-xylene (Surr)25-126 Client Sample ID: Lab Control SampleLab Sample ID: LCS 570-67385/2-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 67405 Prep Batch: 67385 Aroclor-1016 100 97.23 ug/Kg 97 50-142 Analyte LCS LCS DUnitResult Qualifier %Rec Spike Added %Rec. Limits Aroclor-1260 100 98.09 ug/Kg 98 50-150 DCB Decachlorobiphenyl (Surr)20 -155 Surrogate 94 LCS LCS Qualifier Limits%Recovery 87Tetrachloro-m-xylene (Surr)25 -126 Client Sample ID: Lab Control Sample DupLab Sample ID: LCSD 570-67385/3-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 67405 Prep Batch: 67385 Aroclor-1016 100 98.42 ug/Kg 98 50-142 1 30 Analyte LCSD LCSD DUnitResult Qualifier %Rec Spike Added %Rec. Limits LimitRPD RPD Aroclor-1260 100 96.60 ug/Kg 97 50-150 2 30 DCB Decachlorobiphenyl (Surr)20 -155 Surrogate 94 LCSD LCSD Qualifier Limits%Recovery 87Tetrachloro-m-xylene (Surr)25 -126 Client Sample ID: LIFT SPLab Sample ID: 570-27442-2 MS Matrix: Solid Prep Type: Total/NA Analysis Batch: 67405 Prep Batch: 67385 Aroclor-1016 ND 99.8 84.28 ug/Kg 84 20-175 Analyte MS MS DUnitResult Qualifier %Rec Spike Added Sample Result Sample Qualifier %Rec. Limits Aroclor-1260 ND 99.8 89.28 ug/Kg 89 20-180 DCB Decachlorobiphenyl (Surr)20 -155 Surrogate 79 MS MS Qualifier Limits%Recovery 75Tetrachloro-m-xylene (Surr)25 -126 Eurofins Calscience LLC Page 35 of 47 5/11/2020 1 2 3 4 5 6 7 8 9 10 11 385 QC Sample Results Job ID: 570-27442-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Method: 8082 - Polychlorinated Biphenyls (PCBs) by Gas Chromatography (Continued) Client Sample ID: LIFT SPLab Sample ID: 570-27442-2 MSD Matrix: Solid Prep Type: Total/NA Analysis Batch: 67405 Prep Batch: 67385 Aroclor-1016 ND 100 85.64 ug/Kg 86 20-175 2 40 Analyte MSD MSD DUnitResult Qualifier %Rec Spike Added Sample Result Sample Qualifier %Rec. Limits LimitRPD RPD Aroclor-1260 ND 100 86.31 ug/Kg 86 20-180 3 40 DCB Decachlorobiphenyl (Surr)20 -155 Surrogate 79 MSD MSD Qualifier Limits%Recovery 75Tetrachloro-m-xylene (Surr)25 -126 Method: 6010B - Metals (ICP) Client Sample ID: Method BlankLab Sample ID: MB 570-67683/1-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 67860 Prep Batch: 67683 RL Antimony ND 0.735 mg/Kg 05/07/20 16:32 05/08/20 10:37 1 MB MB Analyte Dil FacAnalyzedPreparedDUnitResult Qualifier ND 0.735 mg/Kg 05/07/20 16:32 05/08/20 10:37 1Arsenic ND 0.490 mg/Kg 05/07/20 16:32 05/08/20 10:37 1Barium ND 0.245 mg/Kg 05/07/20 16:32 05/08/20 10:37 1Beryllium ND 0.490 mg/Kg 05/07/20 16:32 05/08/20 10:37 1Cadmium ND 0.245 mg/Kg 05/07/20 16:32 05/08/20 10:37 1Chromium ND 0.245 mg/Kg 05/07/20 16:32 05/08/20 10:37 1Cobalt ND 0.490 mg/Kg 05/07/20 16:32 05/08/20 10:37 1Copper ND 0.490 mg/Kg 05/07/20 16:32 05/08/20 10:37 1Lead ND 0.245 mg/Kg 05/07/20 16:32 05/08/20 10:37 1Molybdenum ND 0.245 mg/Kg 05/07/20 16:32 05/08/20 10:37 1Nickel ND 0.735 mg/Kg 05/07/20 16:32 05/08/20 10:37 1Selenium ND 0.245 mg/Kg 05/07/20 16:32 05/08/20 10:37 1Silver ND 0.735 mg/Kg 05/07/20 16:32 05/08/20 10:37 1Thallium ND 0.245 mg/Kg 05/07/20 16:32 05/08/20 10:37 1Vanadium ND 0.980 mg/Kg 05/07/20 16:32 05/08/20 10:37 1Zinc Client Sample ID: Lab Control SampleLab Sample ID: LCS 570-67683/2-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 67860 Prep Batch: 67683 Antimony 24.6 21.58 mg/Kg 88 80-120 Analyte LCS LCS DUnitResult Qualifier %Rec Spike Added %Rec. Limits Arsenic 24.6 21.78 mg/Kg 88 80-120 Barium 24.6 23.93 mg/Kg 97 80-120 Beryllium 24.6 22.14 mg/Kg 90 80-120 Cadmium 24.6 21.41 mg/Kg 87 80-120 Chromium 24.6 22.94 mg/Kg 93 80-120 Cobalt 24.6 22.05 mg/Kg 90 80-120 Copper 24.6 25.81 mg/Kg 105 80-120 Lead 24.6 22.37 mg/Kg 91 80-120 Molybdenum 24.6 21.21 mg/Kg 86 80-120 Nickel 24.6 23.11 mg/Kg 94 80-120 Selenium 24.6 22.23 mg/Kg 90 80-120 Silver 12.3 11.98 mg/Kg 97 80-120 Eurofins Calscience LLC Page 36 of 47 5/11/2020 1 2 3 4 5 6 7 8 9 10 11 386 QC Sample Results Job ID: 570-27442-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Method: 6010B - Metals (ICP) (Continued) Client Sample ID: Lab Control SampleLab Sample ID: LCS 570-67683/2-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 67860 Prep Batch: 67683 Thallium 24.6 23.05 mg/Kg 94 80-120 Analyte LCS LCS DUnitResult Qualifier %Rec Spike Added %Rec. Limits Vanadium 24.6 23.01 mg/Kg 93 80-120 Zinc 24.6 22.64 mg/Kg 92 80-120 Client Sample ID: Lab Control Sample DupLab Sample ID: LCSD 570-67683/3-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 67860 Prep Batch: 67683 Antimony 24.9 21.39 mg/Kg 86 80-120 1 20 Analyte LCSD LCSD DUnitResult Qualifier %Rec Spike Added %Rec. Limits LimitRPD RPD Arsenic 24.9 21.82 mg/Kg 88 80-120 0 20 Barium 24.9 24.11 mg/Kg 97 80-120 1 20 Beryllium 24.9 22.33 mg/Kg 90 80-120 1 20 Cadmium 24.9 21.59 mg/Kg 87 80-120 1 20 Chromium 24.9 23.05 mg/Kg 93 80-120 0 20 Cobalt 24.9 22.12 mg/Kg 89 80-120 0 20 Copper 24.9 26.00 mg/Kg 105 80-120 1 20 Lead 24.9 22.41 mg/Kg 90 80-120 0 20 Molybdenum 24.9 21.64 mg/Kg 87 80-120 2 20 Nickel 24.9 23.24 mg/Kg 93 80-120 1 20 Selenium 24.9 21.46 mg/Kg 86 80-120 4 20 Silver 12.4 12.10 mg/Kg 97 80-120 1 20 Thallium 24.9 23.17 mg/Kg 93 80-120 1 20 Vanadium 24.9 23.08 mg/Kg 93 80-120 0 20 Zinc 24.9 22.52 mg/Kg 91 80-120 1 20 Client Sample ID: Matrix SpikeLab Sample ID: 570-27457-A-1-C MS Matrix: Solid Prep Type: Total/NA Analysis Batch: 67860 Prep Batch: 67683 Antimony ND F1 24.3 10.36 F1 mg/Kg 43 50-115 Analyte MS MS DUnitResult Qualifier %Rec Spike Added Sample Result Sample Qualifier %Rec. Limits Arsenic 5.35 24.3 28.05 mg/Kg 94 75-125 Barium 71.1 F1 24.3 101.0 mg/Kg 123 75-125 Beryllium 0.452 24.3 23.50 mg/Kg 95 75-125 Cadmium 0.913 24.3 22.28 mg/Kg 88 75-125 Chromium 12.0 24.3 36.65 mg/Kg 102 75-125 Cobalt 4.94 24.3 27.11 mg/Kg 91 75-125 Copper 10.7 24.3 37.94 mg/Kg 112 75-125 Lead 2.96 24.3 24.81 mg/Kg 90 75-125 Molybdenum 2.12 24.3 25.10 mg/Kg 95 75-125 Nickel 14.6 24.3 38.14 mg/Kg 97 75-125 Selenium ND L 24.3 21.02 mg/Kg 87 75-125 Silver ND 12.1 12.35 mg/Kg 102 75-125 Thallium ND L 24.3 22.11 mg/Kg 87 75-125 Vanadium 28.5 24.3 56.68 mg/Kg 116 75-125 Zinc 30.5 24.3 54.02 mg/Kg 97 75-125 Eurofins Calscience LLC Page 37 of 47 5/11/2020 1 2 3 4 5 6 7 8 9 10 11 387 QC Sample Results Job ID: 570-27442-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Method: 6010B - Metals (ICP) (Continued) Client Sample ID: Matrix Spike DuplicateLab Sample ID: 570-27457-A-1-D MSD Matrix: Solid Prep Type: Total/NA Analysis Batch: 67860 Prep Batch: 67683 Antimony ND F1 24.6 9.301 F1 mg/Kg 38 50-115 11 20 Analyte MSD MSD DUnitResult Qualifier %Rec Spike Added Sample Result Sample Qualifier %Rec. Limits LimitRPD RPD Arsenic 5.35 24.6 27.73 mg/Kg 91 75-125 1 20 Barium 71.1 F1 24.6 102.1 F1 mg/Kg 126 75-125 1 20 Beryllium 0.452 24.6 24.01 mg/Kg 96 75-125 2 20 Cadmium 0.913 24.6 22.42 mg/Kg 87 75-125 1 20 Chromium 12.0 24.6 36.91 mg/Kg 101 75-125 1 20 Cobalt 4.94 24.6 27.43 mg/Kg 91 75-125 1 20 Copper 10.7 24.6 38.22 mg/Kg 112 75-125 1 20 Lead 2.96 24.6 25.68 mg/Kg 92 75-125 3 20 Molybdenum 2.12 24.6 25.41 mg/Kg 95 75-125 1 20 Nickel 14.6 24.6 38.39 mg/Kg 97 75-125 1 20 Selenium ND L 24.6 21.95 mg/Kg 89 75-125 4 20 Silver ND 12.3 12.59 mg/Kg 102 75-125 2 20 Thallium ND L 24.6 22.18 mg/Kg 86 75-125 0 20 Vanadium 28.5 24.6 57.22 mg/Kg 117 75-125 1 20 Zinc 30.5 24.6 54.58 mg/Kg 98 75-125 1 20 Method: 7471A - Mercury (CVAA) Client Sample ID: Method BlankLab Sample ID: MB 570-67690/1-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 67907 Prep Batch: 67690 RL Mercury ND 0.0794 mg/Kg 05/07/20 16:40 05/08/20 11:11 1 MB MB Analyte Dil FacAnalyzedPreparedDUnitResult Qualifier Client Sample ID: Lab Control SampleLab Sample ID: LCS 570-67690/2-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 67907 Prep Batch: 67690 Mercury 0.806 0.8129 mg/Kg 101 85-121 Analyte LCS LCS DUnitResult Qualifier %Rec Spike Added %Rec. Limits Client Sample ID: Lab Control Sample DupLab Sample ID: LCSD 570-67690/3-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 67907 Prep Batch: 67690 Mercury 0.847 0.8558 mg/Kg 101 85-121 5 10 Analyte LCSD LCSD DUnitResult Qualifier %Rec Spike Added %Rec. Limits LimitRPD RPD Client Sample ID: Matrix SpikeLab Sample ID: 570-27457-A-1-F MS Matrix: Solid Prep Type: Total/NA Analysis Batch: 67907 Prep Batch: 67690 Mercury ND 0.820 0.7771 mg/Kg 95 71-137 Analyte MS MS DUnitResult Qualifier %Rec Spike Added Sample Result Sample Qualifier %Rec. Limits Eurofins Calscience LLC Page 38 of 47 5/11/2020 1 2 3 4 5 6 7 8 9 10 11 388 QC Sample Results Job ID: 570-27442-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Method: 7471A - Mercury (CVAA) (Continued) Client Sample ID: Matrix Spike DuplicateLab Sample ID: 570-27457-A-1-G MSD Matrix: Solid Prep Type: Total/NA Analysis Batch: 67907 Prep Batch: 67690 Mercury ND 0.794 0.7570 mg/Kg 95 71-137 3 14 Analyte MSD MSD DUnitResult Qualifier %Rec Spike Added Sample Result Sample Qualifier %Rec. Limits LimitRPD RPD Eurofins Calscience LLC Page 39 of 47 5/11/2020 1 2 3 4 5 6 7 8 9 10 11 389 QC Association Summary Job ID: 570-27442-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive GC/MS VOA Analysis Batch: 67236 Lab Sample ID Client Sample ID Prep Type Matrix Method Prep Batch Solid 8260B 67274570-27442-4 PIT 1 SP Total/NA Solid 8260B 67274MB 570-67274/3-A Method Blank Total/NA Solid 8260B 67274LCS 570-67274/1-A Lab Control Sample Total/NA Solid 8260B 67274LCSD 570-67274/2-A Lab Control Sample Dup Total/NA Solid 8260B 67274570-27442-4 MS PIT 1 SP Total/NA Solid 8260B 67274570-27442-4 MSD PIT 1 SP Total/NA Analysis Batch: 67238 Lab Sample ID Client Sample ID Prep Type Matrix Method Prep Batch Solid 8260B 67275570-27442-3 PIT 1 Total/NA Solid 8260B 67277570-27442-5 PIT 2 Total/NA Solid 8260B 67277570-27442-6 PIT 2 DRYWELL Total/NA Solid 8260B 67277570-27442-7 PIT 2 SPA Total/NA Solid 8260B 67277570-27442-8 PIT 2 SPB Total/NA Solid 8260B 67275MB 570-67275/3-A Method Blank Total/NA Solid 8260B 67277MB 570-67277/1-A Method Blank Total/NA Solid 8260B 67275LCS 570-67275/1-A Lab Control Sample Total/NA Solid 8260B 67275LCSD 570-67275/2-A Lab Control Sample Dup Total/NA Solid 8260B 67275570-27442-3 MS PIT 1 Total/NA Solid 8260B 67275570-27442-3 MSD PIT 1 Total/NA Prep Batch: 67274 Lab Sample ID Client Sample ID Prep Type Matrix Method Prep Batch Solid 5030C570-27442-4 PIT 1 SP Total/NA Solid 5030CMB 570-67274/3-A Method Blank Total/NA Solid 5030CLCS 570-67274/1-A Lab Control Sample Total/NA Solid 5030CLCSD 570-67274/2-A Lab Control Sample Dup Total/NA Solid 5030C570-27442-4 MS PIT 1 SP Total/NA Solid 5030C570-27442-4 MSD PIT 1 SP Total/NA Prep Batch: 67275 Lab Sample ID Client Sample ID Prep Type Matrix Method Prep Batch Solid 5030C570-27442-3 PIT 1 Total/NA Solid 5030CMB 570-67275/3-A Method Blank Total/NA Solid 5030CLCS 570-67275/1-A Lab Control Sample Total/NA Solid 5030CLCSD 570-67275/2-A Lab Control Sample Dup Total/NA Solid 5030C570-27442-3 MS PIT 1 Total/NA Solid 5030C570-27442-3 MSD PIT 1 Total/NA Prep Batch: 67277 Lab Sample ID Client Sample ID Prep Type Matrix Method Prep Batch Solid 5030C570-27442-5 PIT 2 Total/NA Solid 5030C570-27442-6 PIT 2 DRYWELL Total/NA Solid 5030C570-27442-7 PIT 2 SPA Total/NA Solid 5030C570-27442-8 PIT 2 SPB Total/NA Solid 5030CMB 570-67277/1-A Method Blank Total/NA Eurofins Calscience LLC Page 40 of 47 5/11/2020 1 2 3 4 5 6 7 8 9 10 11 390 QC Association Summary Job ID: 570-27442-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive GC Semi VOA Prep Batch: 67385 Lab Sample ID Client Sample ID Prep Type Matrix Method Prep Batch Solid 3545570-27442-1 LIFT 1 Total/NA Solid 3545570-27442-2 LIFT SP Total/NA Solid 3545MB 570-67385/1-A Method Blank Total/NA Solid 3545LCS 570-67385/2-A Lab Control Sample Total/NA Solid 3545LCSD 570-67385/3-A Lab Control Sample Dup Total/NA Solid 3545570-27442-2 MS LIFT SP Total/NA Solid 3545570-27442-2 MSD LIFT SP Total/NA Analysis Batch: 67405 Lab Sample ID Client Sample ID Prep Type Matrix Method Prep Batch Solid 8082 67385570-27442-1 LIFT 1 Total/NA Solid 8082 67385570-27442-2 LIFT SP Total/NA Solid 8082 67385MB 570-67385/1-A Method Blank Total/NA Solid 8082 67385LCS 570-67385/2-A Lab Control Sample Total/NA Solid 8082 67385LCSD 570-67385/3-A Lab Control Sample Dup Total/NA Solid 8082 67385570-27442-2 MS LIFT SP Total/NA Solid 8082 67385570-27442-2 MSD LIFT SP Total/NA Analysis Batch: 67570 Lab Sample ID Client Sample ID Prep Type Matrix Method Prep Batch Solid 8015B 67717570-27442-1 LIFT 1 Total/NA Solid 8015B 67717570-27442-2 LIFT SP Total/NA Solid 8015B 67717570-27442-3 PIT 1 Total/NA Solid 8015B 67717570-27442-4 PIT 1 SP Total/NA Solid 8015B 67717570-27442-7 PIT 2 SPA Total/NA Solid 8015B 67717570-27442-8 PIT 2 SPB Total/NA Solid 8015B 67717MB 570-67717/1-A Method Blank Total/NA Solid 8015B 67717LCS 570-67717/2-A Lab Control Sample Total/NA Solid 8015B 67717LCSD 570-67717/3-A Lab Control Sample Dup Total/NA Solid 8015B 67717570-27442-2 MS LIFT SP Total/NA Solid 8015B 67717570-27442-2 MSD LIFT SP Total/NA Prep Batch: 67717 Lab Sample ID Client Sample ID Prep Type Matrix Method Prep Batch Solid 3550C570-27442-1 LIFT 1 Total/NA Solid 3550C570-27442-2 LIFT SP Total/NA Solid 3550C570-27442-3 PIT 1 Total/NA Solid 3550C570-27442-4 PIT 1 SP Total/NA Solid 3550C570-27442-5 PIT 2 Total/NA Solid 3550C570-27442-6 PIT 2 DRYWELL Total/NA Solid 3550C570-27442-7 PIT 2 SPA Total/NA Solid 3550C570-27442-8 PIT 2 SPB Total/NA Solid 3550CMB 570-67717/1-A Method Blank Total/NA Solid 3550CLCS 570-67717/2-A Lab Control Sample Total/NA Solid 3550CLCSD 570-67717/3-A Lab Control Sample Dup Total/NA Solid 3550C570-27442-2 MS LIFT SP Total/NA Solid 3550C570-27442-2 MSD LIFT SP Total/NA Analysis Batch: 67851 Lab Sample ID Client Sample ID Prep Type Matrix Method Prep Batch Solid 8015B 67717570-27442-6 PIT 2 DRYWELL Total/NA Eurofins Calscience LLC Page 41 of 47 5/11/2020 1 2 3 4 5 6 7 8 9 10 11 391 QC Association Summary Job ID: 570-27442-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive GC Semi VOA Analysis Batch: 68191 Lab Sample ID Client Sample ID Prep Type Matrix Method Prep Batch Solid 8015B 67717570-27442-5 PIT 2 Total/NA Metals Prep Batch: 67683 Lab Sample ID Client Sample ID Prep Type Matrix Method Prep Batch Solid 3050B570-27442-3 PIT 1 Total/NA Solid 3050B570-27442-4 PIT 1 SP Total/NA Solid 3050B570-27442-5 PIT 2 Total/NA Solid 3050B570-27442-6 PIT 2 DRYWELL Total/NA Solid 3050B570-27442-7 PIT 2 SPA Total/NA Solid 3050B570-27442-8 PIT 2 SPB Total/NA Solid 3050BMB 570-67683/1-A Method Blank Total/NA Solid 3050BLCS 570-67683/2-A Lab Control Sample Total/NA Solid 3050BLCSD 570-67683/3-A Lab Control Sample Dup Total/NA Solid 3050B570-27457-A-1-C MS Matrix Spike Total/NA Solid 3050B570-27457-A-1-D MSD Matrix Spike Duplicate Total/NA Prep Batch: 67690 Lab Sample ID Client Sample ID Prep Type Matrix Method Prep Batch Solid 7471A570-27442-3 PIT 1 Total/NA Solid 7471A570-27442-4 PIT 1 SP Total/NA Solid 7471A570-27442-5 PIT 2 Total/NA Solid 7471A570-27442-6 PIT 2 DRYWELL Total/NA Solid 7471A570-27442-7 PIT 2 SPA Total/NA Solid 7471A570-27442-8 PIT 2 SPB Total/NA Solid 7471AMB 570-67690/1-A Method Blank Total/NA Solid 7471ALCS 570-67690/2-A Lab Control Sample Total/NA Solid 7471ALCSD 570-67690/3-A Lab Control Sample Dup Total/NA Solid 7471A570-27457-A-1-F MS Matrix Spike Total/NA Solid 7471A570-27457-A-1-G MSD Matrix Spike Duplicate Total/NA Analysis Batch: 67860 Lab Sample ID Client Sample ID Prep Type Matrix Method Prep Batch Solid 6010B 67683570-27442-3 PIT 1 Total/NA Solid 6010B 67683570-27442-4 PIT 1 SP Total/NA Solid 6010B 67683570-27442-5 PIT 2 Total/NA Solid 6010B 67683570-27442-6 PIT 2 DRYWELL Total/NA Solid 6010B 67683570-27442-7 PIT 2 SPA Total/NA Solid 6010B 67683570-27442-8 PIT 2 SPB Total/NA Solid 6010B 67683MB 570-67683/1-A Method Blank Total/NA Solid 6010B 67683LCS 570-67683/2-A Lab Control Sample Total/NA Solid 6010B 67683LCSD 570-67683/3-A Lab Control Sample Dup Total/NA Solid 6010B 67683570-27457-A-1-C MS Matrix Spike Total/NA Solid 6010B 67683570-27457-A-1-D MSD Matrix Spike Duplicate Total/NA Analysis Batch: 67907 Lab Sample ID Client Sample ID Prep Type Matrix Method Prep Batch Solid 7471A 67690570-27442-3 PIT 1 Total/NA Solid 7471A 67690570-27442-4 PIT 1 SP Total/NA Solid 7471A 67690570-27442-5 PIT 2 Total/NA Eurofins Calscience LLC Page 42 of 47 5/11/2020 1 2 3 4 5 6 7 8 9 10 11 392 QC Association Summary Job ID: 570-27442-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Metals (Continued) Analysis Batch: 67907 (Continued) Lab Sample ID Client Sample ID Prep Type Matrix Method Prep Batch Solid 7471A 67690570-27442-6 PIT 2 DRYWELL Total/NA Solid 7471A 67690570-27442-7 PIT 2 SPA Total/NA Solid 7471A 67690570-27442-8 PIT 2 SPB Total/NA Solid 7471A 67690MB 570-67690/1-A Method Blank Total/NA Solid 7471A 67690LCS 570-67690/2-A Lab Control Sample Total/NA Solid 7471A 67690LCSD 570-67690/3-A Lab Control Sample Dup Total/NA Solid 7471A 67690570-27457-A-1-F MS Matrix Spike Total/NA Solid 7471A 67690570-27457-A-1-G MSD Matrix Spike Duplicate Total/NA Analysis Batch: 68037 Lab Sample ID Client Sample ID Prep Type Matrix Method Prep Batch Solid 6010B 67683570-27442-6 PIT 2 DRYWELL Total/NA Eurofins Calscience LLC Page 43 of 47 5/11/2020 1 2 3 4 5 6 7 8 9 10 11 393 Method Summary Job ID: 570-27442-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Method Method Description LaboratoryProtocol SW8468260BVolatile Organic Compounds (GC/MS)ECL 2 SW8468015BDiesel Range Organics (DRO) (GC)ECL 1 SW8468082Polychlorinated Biphenyls (PCBs) by Gas Chromatography ECL 1 SW8466010BMetals (ICP)ECL 1 SW8467471AMercury (CVAA)ECL 1 SW8463050BPreparation, Metals ECL 1 SW8463545Pressurized Fluid Extraction ECL 1 SW8463550CUltrasonic Extraction ECL 1 SW8465030CPurge and Trap ECL 2 SW8467471APreparation, Mercury ECL 1 Protocol References: SW846 = "Test Methods For Evaluating Solid Waste, Physical/Chemical Methods", Third Edition, November 1986 And Its Updates. Laboratory References: ECL 1 = Eurofins Calscience LLC Lincoln, 7440 Lincoln Way, Garden Grove, CA 92841, TEL (714)895-5494 ECL 2 = Eurofins Calscience LLC Lampson, 7445 Lampson Ave, Garden Grove, CA 92841, TEL (714)895-5494 Eurofins Calscience LLC Page 44 of 47 5/11/2020 1 2 3 4 5 6 7 8 9 10 11 394 Definitions/Glossary Job ID: 570-27442-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Qualifiers GC/MS VOA Qualifier Description *LCS or LCSD is outside acceptance limits. Qualifier F1 MS and/or MSD recovery exceeds control limits. F2 MS/MSD RPD exceeds control limits Metals Qualifier Description F1 MS and/or MSD recovery exceeds control limits. Qualifier Glossary These commonly used abbreviations may or may not be present in this report. ¤Listed under the "D" column to designate that the result is reported on a dry weight basis Abbreviation %R Percent Recovery CFL Contains Free Liquid CNF Contains No Free Liquid DER Duplicate Error Ratio (normalized absolute difference) Dil Fac Dilution Factor DL Detection Limit (DoD/DOE) DL, RA, RE, IN Indicates a Dilution, Re-analysis, Re-extraction, or additional Initial metals/anion analysis of the sample DLC Decision Level Concentration (Radiochemistry) EDL Estimated Detection Limit (Dioxin) LOD Limit of Detection (DoD/DOE) LOQ Limit of Quantitation (DoD/DOE) MDA Minimum Detectable Activity (Radiochemistry) MDC Minimum Detectable Concentration (Radiochemistry) MDL Method Detection Limit ML Minimum Level (Dioxin) MQL Method Quantitation Limit NC Not Calculated ND Not Detected at the reporting limit (or MDL or EDL if shown) PQL Practical Quantitation Limit QC Quality Control RER Relative Error Ratio (Radiochemistry) RL Reporting Limit or Requested Limit (Radiochemistry) RPD Relative Percent Difference, a measure of the relative difference between two points TEF Toxicity Equivalent Factor (Dioxin) TEQ Toxicity Equivalent Quotient (Dioxin) Eurofins Calscience LLC Page 45 of 47 5/11/2020 1 2 3 4 5 6 7 8 9 10 11 395 Page 46 of 47 5/11/2020 1 2 3 4 5 6 7 8 9 10 11 396 Login Sample Receipt Checklist Client: EnviroApplications, Inc.Job Number: 570-27442-1 Login Number: 27442 Question Answer Comment Creator: Ramos, Maribel List Source: Eurofins Calscience List Number: 1 N/ARadioactivity wasn't checked or is </= background as measured by a survey meter. TrueThe cooler's custody seal, if present, is intact. TrueSample custody seals, if present, are intact. TrueThe cooler or samples do not appear to have been compromised or tampered with. TrueSamples were received on ice. TrueCooler Temperature is acceptable. TrueCooler Temperature is recorded. TrueCOC is present. TrueCOC is filled out in ink and legible. TrueCOC is filled out with all pertinent information. TrueIs the Field Sampler's name present on COC? TrueThere are no discrepancies between the containers received and the COC. TrueSamples are received within Holding Time (excluding tests with immediate HTs) TrueSample containers have legible labels. TrueContainers are not broken or leaking. TrueSample collection date/times are provided. TrueAppropriate sample containers are used. TrueSample bottles are completely filled. TrueSample Preservation Verified. TrueThere is sufficient vol. for all requested analyses, incl. any requested MS/MSDs TrueContainers requiring zero headspace have no headspace or bubble is <6mm (1/4"). TrueMultiphasic samples are not present. TrueSamples do not require splitting or compositing. N/AResidual Chlorine Checked. Eurofins Calscience Page 47 of 47 5/11/2020 1 2 3 4 5 6 7 8 9 10 11 397 ANALYTICAL REPORT Eurofins Calscience LLC 7440 Lincoln Way Garden Grove, CA 92841 Tel: (714)895-5494 Laboratory Job ID: 570-30280-1 Client Project/Site: FELDER Automotive For: EnviroApplications, Inc. 2831 Camino Del Rio South Suite 214 San Diego, California 92108 Attn: Bernard Sentianin Authorized for release by: 6/15/2020 9:16:50 AM Sandy Tat, Project Manager I (714)895-5494 sandytat@eurofinsus.com The test results in this report meet all 2003 NELAC and 2009 TNI requirements for accredited parameters, exceptions are noted in this report. This report may not be reproduced except in full, and with written approval from the laboratory. For questions please contact the Project Manager at the e-mail address or telephone number listed on this page. This report has been electronically signed and authorized by the signatory. Electronic signature is intended to be the legally binding equivalent of a traditionally handwritten signature. Results relate only to the items tested and the sample(s) as received by the laboratory. 1 2 3 4 5 6 7 8 9 10 11 398 Table of Contents Client: EnviroApplications, Inc. Project/Site: FELDER Automotive Laboratory Job ID: 570-30280-1 Page 2 of 37 Eurofins Calscience LLC6/15/2020 Cover Page . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1 Table of Contents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 Case Narrative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 Sample Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 Client Sample Results . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 QC Sample Results . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19 QC Association Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 Method Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34 Definitions/Glossary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35 Chain of Custody . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36 Receipt Checklists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37 1 2 3 4 5 6 7 8 9 10 11 399 Case Narrative Client: EnviroApplications, Inc.Job ID: 570-30280-1 Project/Site: FELDER Automotive Job ID: 570-30280-1 Laboratory: Eurofins Calscience LLC Narrative Job Narrative 570-30280-1 Comments No additional comments. Receipt The samples were received on 6/8/2020 2:23 PM; the samples arrived in good condition, properly preserved and, where required, on ice. The temperature of the cooler at receipt was 4.5º C. GC/MS VOA Method 8260B: The matrix spike / matrix spike duplicate (MS/MSD) recoveries and precision for preparation batch 570-74153 and analytical batch 570-74143 were outside control limits. Sample matrix interference and/or non-homogeneity are suspected because the associated laboratory control sample / laboratory sample control duplicate (LCS/LCSD) precision was within acceptance limits. No additional analytical or quality issues were noted, other than those described above or in the Definitions/Glossary page. GC Semi VOA No analytical or quality issues were noted, other than those described in the Definitions/Glossary page. Metals Method 6010B: Due to the high concentration of Cu the matrix spike / matrix spike duplicate (MS/MSD) for preparation batch 570-74373 and 570-74805 and analytical batch 570-74864 could not be evaluated for accuracy and precision. The associated laboratory control sample (LCS) met acceptance criteria. Method 6010B: The matrix spike / matrix spike duplicate (MS/MSD) recoveries for preparation batch 570-74872 and analytical batch 570-75102 were outside control limits. Sample matrix interference and/or non-homogeneity are suspected because the associated laboratory control sample (LCS) recovery was within acceptance limits. Method 6010B: Due to the high concentration of Barium, the matrix spike / matrix spike duplicate (MS/MSD) for preparation batch 570-74872 and analytical batch 570-75102 could not be evaluated for accuracy and precision. The associated laboratory control sample (LCS) met acceptance criteria. Method 6010B: The absolute response for Selenium was greater than the method reporting limit (RL) in the following sample: PTT 2 6' (570-30280-7). The instrument raw data has been manually reviewed and the result can be reported as ND. No additional analytical or quality issues were noted, other than those described above or in the Definitions/Glossary page. Organic Prep No analytical or quality issues were noted, other than those described in the Definitions/Glossary page. VOA Prep No analytical or quality issues were noted, other than those described in the Definitions/Glossary page. Eurofins Calscience LLCPage 3 of 37 6/15/2020 1 2 3 4 5 6 7 8 9 10 11 400 Sample Summary Job ID: 570-30280-1Client: EnviroApplications, Inc. Project/Site: FELDER Automotive Lab Sample ID Client Sample ID ReceivedCollectedMatrix Asset ID 570-30280-1 PTT 2 DRYWELL 25'Solid 06/08/20 12:52 06/09/20 14:23 570-30280-2 PTT 2 BTM 8'Solid 06/08/20 12:53 06/09/20 14:23 570-30280-3 PTT 2 SP-A Solid 06/08/20 12:58 06/09/20 14:23 570-30280-4 PTT 2 SP-B Solid 06/08/20 13:01 06/09/20 14:23 570-30280-5 PTT 2 DRYWELL Solid 06/08/20 12:55 06/09/20 14:23 570-30280-6 PTT 2 ESW Solid 06/08/20 13:04 06/09/20 14:23 570-30280-7 PTT 2 6'Solid 06/08/20 13:06 06/09/20 14:23 Eurofins Calscience LLC Page 4 of 37 6/15/2020 1 2 3 4 5 6 7 8 9 10 11 401 Client Sample Results Job ID: 570-30280-1Client: EnviroApplications, Inc. Project/Site: FELDER Automotive Method: 8260B - Volatile Organic Compounds (GC/MS) Lab Sample ID: 570-30280-1Client Sample ID: PTT 2 DRYWELL 25' Matrix: SolidDate Collected: 06/08/20 12:52 Date Received: 06/09/20 14:23 RL Acetone ND 49 ug/Kg 06/09/20 11:52 06/09/20 14:14 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 4.9 ug/Kg 06/09/20 11:52 06/09/20 14:14 1BenzeneND 4.9 ug/Kg 06/09/20 11:52 06/09/20 14:14 1BromobenzeneND 4.9 ug/Kg 06/09/20 11:52 06/09/20 14:14 1BromochloromethaneND 4.9 ug/Kg 06/09/20 11:52 06/09/20 14:14 1BromodichloromethaneND 4.9 ug/Kg 06/09/20 11:52 06/09/20 14:14 1BromoformND 24 ug/Kg 06/09/20 11:52 06/09/20 14:14 1BromomethaneND 49 ug/Kg 06/09/20 11:52 06/09/20 14:14 12-Butanone ND 49 ug/Kg 06/09/20 11:52 06/09/20 14:14 1Carbon disulfide ND 4.9 ug/Kg 06/09/20 11:52 06/09/20 14:14 1Carbon tetrachloride ND 4.9 ug/Kg 06/09/20 11:52 06/09/20 14:14 1ChlorobenzeneND 4.9 ug/Kg 06/09/20 11:52 06/09/20 14:14 1ChloroethaneND 4.9 ug/Kg 06/09/20 11:52 06/09/20 14:14 1ChloroformND 24 ug/Kg 06/09/20 11:52 06/09/20 14:14 1ChloromethaneND 4.9 ug/Kg 06/09/20 11:52 06/09/20 14:14 12-Chlorotoluene ND 4.9 ug/Kg 06/09/20 11:52 06/09/20 14:14 14-Chlorotoluene ND 4.9 ug/Kg 06/09/20 11:52 06/09/20 14:14 1cis-1,2-Dichloroethene ND 4.9 ug/Kg 06/09/20 11:52 06/09/20 14:14 1cis-1,3-Dichloropropene ND 4.9 ug/Kg 06/09/20 11:52 06/09/20 14:14 1DibromochloromethaneND 9.8 ug/Kg 06/09/20 11:52 06/09/20 14:14 11,2-Dibromo-3-Chloropropane ND 4.9 ug/Kg 06/09/20 11:52 06/09/20 14:14 11,2-Dibromoethane ND 4.9 ug/Kg 06/09/20 11:52 06/09/20 14:14 1DibromomethaneND 4.9 ug/Kg 06/09/20 11:52 06/09/20 14:14 11,2-Dichlorobenzene ND 4.9 ug/Kg 06/09/20 11:52 06/09/20 14:14 11,3-Dichlorobenzene ND 4.9 ug/Kg 06/09/20 11:52 06/09/20 14:14 11,4-Dichlorobenzene ND 4.9 ug/Kg 06/09/20 11:52 06/09/20 14:14 1DichlorodifluoromethaneND 4.9 ug/Kg 06/09/20 11:52 06/09/20 14:14 11,1-Dichloroethane ND 4.9 ug/Kg 06/09/20 11:52 06/09/20 14:14 11,2-Dichloroethane ND 4.9 ug/Kg 06/09/20 11:52 06/09/20 14:14 11,1-Dichloroethene ND 4.9 ug/Kg 06/09/20 11:52 06/09/20 14:14 11,2-Dichloropropane ND 4.9 ug/Kg 06/09/20 11:52 06/09/20 14:14 11,3-Dichloropropane ND 4.9 ug/Kg 06/09/20 11:52 06/09/20 14:14 12,2-Dichloropropane ND 4.9 ug/Kg 06/09/20 11:52 06/09/20 14:14 11,1-Dichloropropene ND 9.8 ug/Kg 06/09/20 11:52 06/09/20 14:14 1Di-isopropyl ether (DIPE)ND 240 ug/Kg 06/09/20 11:52 06/09/20 14:14 1EthanolND 4.9 ug/Kg 06/09/20 11:52 06/09/20 14:14 1EthylbenzeneND 9.8 ug/Kg 06/09/20 11:52 06/09/20 14:14 1Ethyl-t-butyl ether (ETBE)ND 49 ug/Kg 06/09/20 11:52 06/09/20 14:14 12-Hexanone ND 4.9 ug/Kg 06/09/20 11:52 06/09/20 14:14 1IsopropylbenzeneND 49 ug/Kg 06/09/20 11:52 06/09/20 14:14 1Methylene Chloride ND 49 ug/Kg 06/09/20 11:52 06/09/20 14:14 14-Methyl-2-pentanone ND 4.9 ug/Kg 06/09/20 11:52 06/09/20 14:14 1Methyl-t-Butyl Ether (MTBE)ND 4.9 ug/Kg 06/09/20 11:52 06/09/20 14:14 1m,p-Xylene ND 49 ug/Kg 06/09/20 11:52 06/09/20 14:14 1NaphthaleneND 4.9 ug/Kg 06/09/20 11:52 06/09/20 14:14 1n-Butylbenzene ND 4.9 ug/Kg 06/09/20 11:52 06/09/20 14:14 1N-Propylbenzene ND 4.9 ug/Kg 06/09/20 11:52 06/09/20 14:14 1o-Xylene ND 4.9 ug/Kg 06/09/20 11:52 06/09/20 14:14 1p-Isopropyltoluene ND 4.9 ug/Kg 06/09/20 11:52 06/09/20 14:14 1sec-Butylbenzene ND Eurofins Calscience LLC Page 5 of 37 6/15/2020 1 2 3 4 5 6 7 8 9 10 11 402 Client Sample Results Job ID: 570-30280-1Client: EnviroApplications, Inc. Project/Site: FELDER Automotive Method: 8260B - Volatile Organic Compounds (GC/MS) (Continued) Lab Sample ID: 570-30280-1Client Sample ID: PTT 2 DRYWELL 25' Matrix: SolidDate Collected: 06/08/20 12:52 Date Received: 06/09/20 14:23 RL Styrene ND 4.9 ug/Kg 06/09/20 11:52 06/09/20 14:14 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 9.8 ug/Kg 06/09/20 11:52 06/09/20 14:14 1Tert-amyl-methyl ether (TAME)ND 49 ug/Kg 06/09/20 11:52 06/09/20 14:14 1tert-Butyl alcohol (TBA)ND 4.9 ug/Kg 06/09/20 11:52 06/09/20 14:14 1tert-Butylbenzene ND 4.9 ug/Kg 06/09/20 11:52 06/09/20 14:14 11,1,1,2-Tetrachloroethane ND 4.9 ug/Kg 06/09/20 11:52 06/09/20 14:14 11,1,2,2-Tetrachloroethane ND 4.9 ug/Kg 06/09/20 11:52 06/09/20 14:14 1TetrachloroetheneND 4.9 ug/Kg 06/09/20 11:52 06/09/20 14:14 1TolueneND 4.9 ug/Kg 06/09/20 11:52 06/09/20 14:14 1trans-1,2-Dichloroethene ND 4.9 ug/Kg 06/09/20 11:52 06/09/20 14:14 1trans-1,3-Dichloropropene ND 9.8 ug/Kg 06/09/20 11:52 06/09/20 14:14 11,2,3-Trichlorobenzene ND 4.9 ug/Kg 06/09/20 11:52 06/09/20 14:14 11,2,4-Trichlorobenzene ND 4.9 ug/Kg 06/09/20 11:52 06/09/20 14:14 11,1,1-Trichloroethane ND 4.9 ug/Kg 06/09/20 11:52 06/09/20 14:14 11,1,2-Trichloroethane ND 4.9 ug/Kg 06/09/20 11:52 06/09/20 14:14 1TrichloroetheneND 49 ug/Kg 06/09/20 11:52 06/09/20 14:14 1TrichlorofluoromethaneND 4.9 ug/Kg 06/09/20 11:52 06/09/20 14:14 11,2,3-Trichloropropane ND 49 ug/Kg 06/09/20 11:52 06/09/20 14:14 11,1,2-Trichloro-1,2,2-trifluoroethane ND 4.9 ug/Kg 06/09/20 11:52 06/09/20 14:14 11,2,4-Trimethylbenzene ND 4.9 ug/Kg 06/09/20 11:52 06/09/20 14:14 11,3,5-Trimethylbenzene ND 49 ug/Kg 06/09/20 11:52 06/09/20 14:14 1Vinyl acetate ND 4.9 ug/Kg 06/09/20 11:52 06/09/20 14:14 1Vinyl chloride ND 9.8 ug/Kg 06/09/20 11:52 06/09/20 14:14 1Xylenes, Total ND 4-Bromofluorobenzene (Surr)94 80-120 06/09/20 11:52 06/09/20 14:14 1 Surrogate Dil FacAnalyzedPreparedQualifier Limits%Recovery Dibromofluoromethane (Surr)101 06/09/20 11:52 06/09/20 14:14 179-133 1,2-Dichloroethane-d4 (Surr)110 06/09/20 11:52 06/09/20 14:14 171-155 Toluene-d8 (Surr)98 06/09/20 11:52 06/09/20 14:14 180-120 Lab Sample ID: 570-30280-2Client Sample ID: PTT 2 BTM 8' Matrix: SolidDate Collected: 06/08/20 12:53 Date Received: 06/09/20 14:23 RL Acetone ND 52 ug/Kg 06/09/20 12:03 06/09/20 14:38 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 5.2 ug/Kg 06/09/20 12:03 06/09/20 14:38 1BenzeneND 5.2 ug/Kg 06/09/20 12:03 06/09/20 14:38 1BromobenzeneND 5.2 ug/Kg 06/09/20 12:03 06/09/20 14:38 1BromochloromethaneND 5.2 ug/Kg 06/09/20 12:03 06/09/20 14:38 1BromodichloromethaneND 5.2 ug/Kg 06/09/20 12:03 06/09/20 14:38 1BromoformND 26 ug/Kg 06/09/20 12:03 06/09/20 14:38 1BromomethaneND 52 ug/Kg 06/09/20 12:03 06/09/20 14:38 12-Butanone ND 52 ug/Kg 06/09/20 12:03 06/09/20 14:38 1Carbon disulfide ND 5.2 ug/Kg 06/09/20 12:03 06/09/20 14:38 1Carbon tetrachloride ND 5.2 ug/Kg 06/09/20 12:03 06/09/20 14:38 1ChlorobenzeneND 5.2 ug/Kg 06/09/20 12:03 06/09/20 14:38 1ChloroethaneND 5.2 ug/Kg 06/09/20 12:03 06/09/20 14:38 1ChloroformND 26 ug/Kg 06/09/20 12:03 06/09/20 14:38 1ChloromethaneND 5.2 ug/Kg 06/09/20 12:03 06/09/20 14:38 12-Chlorotoluene ND 5.2 ug/Kg 06/09/20 12:03 06/09/20 14:38 14-Chlorotoluene ND Eurofins Calscience LLC Page 6 of 37 6/15/2020 1 2 3 4 5 6 7 8 9 10 11 403 Client Sample Results Job ID: 570-30280-1Client: EnviroApplications, Inc. Project/Site: FELDER Automotive Method: 8260B - Volatile Organic Compounds (GC/MS) (Continued) Lab Sample ID: 570-30280-2Client Sample ID: PTT 2 BTM 8' Matrix: SolidDate Collected: 06/08/20 12:53 Date Received: 06/09/20 14:23 RL cis-1,2-Dichloroethene ND 5.2 ug/Kg 06/09/20 12:03 06/09/20 14:38 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 5.2 ug/Kg 06/09/20 12:03 06/09/20 14:38 1cis-1,3-Dichloropropene ND 5.2 ug/Kg 06/09/20 12:03 06/09/20 14:38 1DibromochloromethaneND 10 ug/Kg 06/09/20 12:03 06/09/20 14:38 11,2-Dibromo-3-Chloropropane ND 5.2 ug/Kg 06/09/20 12:03 06/09/20 14:38 11,2-Dibromoethane ND 5.2 ug/Kg 06/09/20 12:03 06/09/20 14:38 1DibromomethaneND 5.2 ug/Kg 06/09/20 12:03 06/09/20 14:38 11,2-Dichlorobenzene ND 5.2 ug/Kg 06/09/20 12:03 06/09/20 14:38 11,3-Dichlorobenzene ND 5.2 ug/Kg 06/09/20 12:03 06/09/20 14:38 11,4-Dichlorobenzene ND 5.2 ug/Kg 06/09/20 12:03 06/09/20 14:38 1DichlorodifluoromethaneND 5.2 ug/Kg 06/09/20 12:03 06/09/20 14:38 11,1-Dichloroethane ND 5.2 ug/Kg 06/09/20 12:03 06/09/20 14:38 11,2-Dichloroethane ND 5.2 ug/Kg 06/09/20 12:03 06/09/20 14:38 11,1-Dichloroethene ND 5.2 ug/Kg 06/09/20 12:03 06/09/20 14:38 11,2-Dichloropropane ND 5.2 ug/Kg 06/09/20 12:03 06/09/20 14:38 11,3-Dichloropropane ND 5.2 ug/Kg 06/09/20 12:03 06/09/20 14:38 12,2-Dichloropropane ND 5.2 ug/Kg 06/09/20 12:03 06/09/20 14:38 11,1-Dichloropropene ND 10 ug/Kg 06/09/20 12:03 06/09/20 14:38 1Di-isopropyl ether (DIPE)ND 260 ug/Kg 06/09/20 12:03 06/09/20 14:38 1EthanolND 5.2 ug/Kg 06/09/20 12:03 06/09/20 14:38 1EthylbenzeneND 10 ug/Kg 06/09/20 12:03 06/09/20 14:38 1Ethyl-t-butyl ether (ETBE)ND 52 ug/Kg 06/09/20 12:03 06/09/20 14:38 12-Hexanone ND 5.2 ug/Kg 06/09/20 12:03 06/09/20 14:38 1IsopropylbenzeneND 52 ug/Kg 06/09/20 12:03 06/09/20 14:38 1Methylene Chloride ND 52 ug/Kg 06/09/20 12:03 06/09/20 14:38 14-Methyl-2-pentanone ND 5.2 ug/Kg 06/09/20 12:03 06/09/20 14:38 1Methyl-t-Butyl Ether (MTBE)ND 5.2 ug/Kg 06/09/20 12:03 06/09/20 14:38 1m,p-Xylene ND 52 ug/Kg 06/09/20 12:03 06/09/20 14:38 1NaphthaleneND 5.2 ug/Kg 06/09/20 12:03 06/09/20 14:38 1n-Butylbenzene ND 5.2 ug/Kg 06/09/20 12:03 06/09/20 14:38 1N-Propylbenzene ND 5.2 ug/Kg 06/09/20 12:03 06/09/20 14:38 1o-Xylene ND 5.2 ug/Kg 06/09/20 12:03 06/09/20 14:38 1p-Isopropyltoluene ND 5.2 ug/Kg 06/09/20 12:03 06/09/20 14:38 1sec-Butylbenzene ND 5.2 ug/Kg 06/09/20 12:03 06/09/20 14:38 1StyreneND 10 ug/Kg 06/09/20 12:03 06/09/20 14:38 1Tert-amyl-methyl ether (TAME)ND 52 ug/Kg 06/09/20 12:03 06/09/20 14:38 1tert-Butyl alcohol (TBA)ND 5.2 ug/Kg 06/09/20 12:03 06/09/20 14:38 1tert-Butylbenzene ND 5.2 ug/Kg 06/09/20 12:03 06/09/20 14:38 11,1,1,2-Tetrachloroethane ND 5.2 ug/Kg 06/09/20 12:03 06/09/20 14:38 11,1,2,2-Tetrachloroethane ND 5.2 ug/Kg 06/09/20 12:03 06/09/20 14:38 1Tetrachloroethene20 5.2 ug/Kg 06/09/20 12:03 06/09/20 14:38 1TolueneND 5.2 ug/Kg 06/09/20 12:03 06/09/20 14:38 1trans-1,2-Dichloroethene ND 5.2 ug/Kg 06/09/20 12:03 06/09/20 14:38 1trans-1,3-Dichloropropene ND 10 ug/Kg 06/09/20 12:03 06/09/20 14:38 11,2,3-Trichlorobenzene ND 5.2 ug/Kg 06/09/20 12:03 06/09/20 14:38 11,2,4-Trichlorobenzene ND 5.2 ug/Kg 06/09/20 12:03 06/09/20 14:38 11,1,1-Trichloroethane ND 5.2 ug/Kg 06/09/20 12:03 06/09/20 14:38 11,1,2-Trichloroethane ND 5.2 ug/Kg 06/09/20 12:03 06/09/20 14:38 1TrichloroetheneND 52 ug/Kg 06/09/20 12:03 06/09/20 14:38 1TrichlorofluoromethaneND Eurofins Calscience LLC Page 7 of 37 6/15/2020 1 2 3 4 5 6 7 8 9 10 11 404 Client Sample Results Job ID: 570-30280-1Client: EnviroApplications, Inc. Project/Site: FELDER Automotive Method: 8260B - Volatile Organic Compounds (GC/MS) (Continued) Lab Sample ID: 570-30280-2Client Sample ID: PTT 2 BTM 8' Matrix: SolidDate Collected: 06/08/20 12:53 Date Received: 06/09/20 14:23 RL 1,2,3-Trichloropropane ND 5.2 ug/Kg 06/09/20 12:03 06/09/20 14:38 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 52 ug/Kg 06/09/20 12:03 06/09/20 14:38 11,1,2-Trichloro-1,2,2-trifluoroethane ND 5.2 ug/Kg 06/09/20 12:03 06/09/20 14:38 11,2,4-Trimethylbenzene ND 5.2 ug/Kg 06/09/20 12:03 06/09/20 14:38 11,3,5-Trimethylbenzene ND 52 ug/Kg 06/09/20 12:03 06/09/20 14:38 1Vinyl acetate ND 5.2 ug/Kg 06/09/20 12:03 06/09/20 14:38 1Vinyl chloride ND 10 ug/Kg 06/09/20 12:03 06/09/20 14:38 1Xylenes, Total ND 4-Bromofluorobenzene (Surr)100 80-120 06/09/20 12:03 06/09/20 14:38 1 Surrogate Dil FacAnalyzedPreparedQualifier Limits%Recovery Dibromofluoromethane (Surr)101 06/09/20 12:03 06/09/20 14:38 179-133 1,2-Dichloroethane-d4 (Surr)113 06/09/20 12:03 06/09/20 14:38 171-155 Toluene-d8 (Surr)98 06/09/20 12:03 06/09/20 14:38 180-120 Lab Sample ID: 570-30280-6Client Sample ID: PTT 2 ESW Matrix: SolidDate Collected: 06/08/20 13:04 Date Received: 06/09/20 14:23 RL Acetone ND 50 ug/Kg 06/09/20 12:03 06/09/20 15:03 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:03 1BenzeneND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:03 1BromobenzeneND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:03 1BromochloromethaneND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:03 1BromodichloromethaneND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:03 1BromoformND 25 ug/Kg 06/09/20 12:03 06/09/20 15:03 1BromomethaneND 50 ug/Kg 06/09/20 12:03 06/09/20 15:03 12-Butanone ND 50 ug/Kg 06/09/20 12:03 06/09/20 15:03 1Carbon disulfide ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:03 1Carbon tetrachloride ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:03 1ChlorobenzeneND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:03 1ChloroethaneND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:03 1ChloroformND 25 ug/Kg 06/09/20 12:03 06/09/20 15:03 1ChloromethaneND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:03 12-Chlorotoluene ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:03 14-Chlorotoluene ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:03 1cis-1,2-Dichloroethene ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:03 1cis-1,3-Dichloropropene ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:03 1DibromochloromethaneND 10 ug/Kg 06/09/20 12:03 06/09/20 15:03 11,2-Dibromo-3-Chloropropane ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:03 11,2-Dibromoethane ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:03 1DibromomethaneND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:03 11,2-Dichlorobenzene ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:03 11,3-Dichlorobenzene ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:03 11,4-Dichlorobenzene ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:03 1DichlorodifluoromethaneND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:03 11,1-Dichloroethane ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:03 11,2-Dichloroethane ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:03 11,1-Dichloroethene ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:03 11,2-Dichloropropane ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:03 11,3-Dichloropropane ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:03 12,2-Dichloropropane ND Eurofins Calscience LLC Page 8 of 37 6/15/2020 1 2 3 4 5 6 7 8 9 10 11 405 Client Sample Results Job ID: 570-30280-1Client: EnviroApplications, Inc. Project/Site: FELDER Automotive Method: 8260B - Volatile Organic Compounds (GC/MS) (Continued) Lab Sample ID: 570-30280-6Client Sample ID: PTT 2 ESW Matrix: SolidDate Collected: 06/08/20 13:04 Date Received: 06/09/20 14:23 RL 1,1-Dichloropropene ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:03 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 10 ug/Kg 06/09/20 12:03 06/09/20 15:03 1Di-isopropyl ether (DIPE)ND 250 ug/Kg 06/09/20 12:03 06/09/20 15:03 1EthanolND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:03 1EthylbenzeneND 10 ug/Kg 06/09/20 12:03 06/09/20 15:03 1Ethyl-t-butyl ether (ETBE)ND 50 ug/Kg 06/09/20 12:03 06/09/20 15:03 12-Hexanone ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:03 1IsopropylbenzeneND 50 ug/Kg 06/09/20 12:03 06/09/20 15:03 1Methylene Chloride ND 50 ug/Kg 06/09/20 12:03 06/09/20 15:03 14-Methyl-2-pentanone ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:03 1Methyl-t-Butyl Ether (MTBE)ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:03 1m,p-Xylene ND 50 ug/Kg 06/09/20 12:03 06/09/20 15:03 1NaphthaleneND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:03 1n-Butylbenzene ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:03 1N-Propylbenzene ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:03 1o-Xylene ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:03 1p-Isopropyltoluene ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:03 1sec-Butylbenzene ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:03 1StyreneND 10 ug/Kg 06/09/20 12:03 06/09/20 15:03 1Tert-amyl-methyl ether (TAME)ND 50 ug/Kg 06/09/20 12:03 06/09/20 15:03 1tert-Butyl alcohol (TBA)ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:03 1tert-Butylbenzene ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:03 11,1,1,2-Tetrachloroethane ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:03 11,1,2,2-Tetrachloroethane ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:03 1TetrachloroetheneND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:03 1TolueneND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:03 1trans-1,2-Dichloroethene ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:03 1trans-1,3-Dichloropropene ND 10 ug/Kg 06/09/20 12:03 06/09/20 15:03 11,2,3-Trichlorobenzene ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:03 11,2,4-Trichlorobenzene ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:03 11,1,1-Trichloroethane ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:03 11,1,2-Trichloroethane ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:03 1TrichloroetheneND 50 ug/Kg 06/09/20 12:03 06/09/20 15:03 1TrichlorofluoromethaneND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:03 11,2,3-Trichloropropane ND 50 ug/Kg 06/09/20 12:03 06/09/20 15:03 11,1,2-Trichloro-1,2,2-trifluoroethane ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:03 11,2,4-Trimethylbenzene ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:03 11,3,5-Trimethylbenzene ND 50 ug/Kg 06/09/20 12:03 06/09/20 15:03 1Vinyl acetate ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:03 1Vinyl chloride ND 10 ug/Kg 06/09/20 12:03 06/09/20 15:03 1Xylenes, Total ND 4-Bromofluorobenzene (Surr)96 80-120 06/09/20 12:03 06/09/20 15:03 1 Surrogate Dil FacAnalyzedPreparedQualifier Limits%Recovery Dibromofluoromethane (Surr)99 06/09/20 12:03 06/09/20 15:03 179-133 1,2-Dichloroethane-d4 (Surr)110 06/09/20 12:03 06/09/20 15:03 171-155 Toluene-d8 (Surr)98 06/09/20 12:03 06/09/20 15:03 180-120 Eurofins Calscience LLC Page 9 of 37 6/15/2020 1 2 3 4 5 6 7 8 9 10 11 406 Client Sample Results Job ID: 570-30280-1Client: EnviroApplications, Inc. Project/Site: FELDER Automotive Method: 8260B - Volatile Organic Compounds (GC/MS) Lab Sample ID: 570-30280-7Client Sample ID: PTT 2 6' Matrix: SolidDate Collected: 06/08/20 13:06 Date Received: 06/09/20 14:23 RL Acetone ND 50 ug/Kg 06/09/20 12:03 06/09/20 15:28 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:28 1BenzeneND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:28 1BromobenzeneND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:28 1BromochloromethaneND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:28 1BromodichloromethaneND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:28 1BromoformND 25 ug/Kg 06/09/20 12:03 06/09/20 15:28 1BromomethaneND 50 ug/Kg 06/09/20 12:03 06/09/20 15:28 12-Butanone ND 50 ug/Kg 06/09/20 12:03 06/09/20 15:28 1Carbon disulfide ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:28 1Carbon tetrachloride ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:28 1ChlorobenzeneND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:28 1ChloroethaneND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:28 1ChloroformND 25 ug/Kg 06/09/20 12:03 06/09/20 15:28 1ChloromethaneND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:28 12-Chlorotoluene ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:28 14-Chlorotoluene ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:28 1cis-1,2-Dichloroethene ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:28 1cis-1,3-Dichloropropene ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:28 1DibromochloromethaneND 9.9 ug/Kg 06/09/20 12:03 06/09/20 15:28 11,2-Dibromo-3-Chloropropane ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:28 11,2-Dibromoethane ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:28 1DibromomethaneND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:28 11,2-Dichlorobenzene ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:28 11,3-Dichlorobenzene ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:28 11,4-Dichlorobenzene ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:28 1DichlorodifluoromethaneND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:28 11,1-Dichloroethane ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:28 11,2-Dichloroethane ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:28 11,1-Dichloroethene ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:28 11,2-Dichloropropane ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:28 11,3-Dichloropropane ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:28 12,2-Dichloropropane ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:28 11,1-Dichloropropene ND 9.9 ug/Kg 06/09/20 12:03 06/09/20 15:28 1Di-isopropyl ether (DIPE)ND 250 ug/Kg 06/09/20 12:03 06/09/20 15:28 1EthanolND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:28 1EthylbenzeneND 9.9 ug/Kg 06/09/20 12:03 06/09/20 15:28 1Ethyl-t-butyl ether (ETBE)ND 50 ug/Kg 06/09/20 12:03 06/09/20 15:28 12-Hexanone ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:28 1IsopropylbenzeneND 50 ug/Kg 06/09/20 12:03 06/09/20 15:28 1Methylene Chloride ND 50 ug/Kg 06/09/20 12:03 06/09/20 15:28 14-Methyl-2-pentanone ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:28 1Methyl-t-Butyl Ether (MTBE)ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:28 1m,p-Xylene ND 50 ug/Kg 06/09/20 12:03 06/09/20 15:28 1NaphthaleneND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:28 1n-Butylbenzene ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:28 1N-Propylbenzene ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:28 1o-Xylene ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:28 1p-Isopropyltoluene ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:28 1sec-Butylbenzene ND Eurofins Calscience LLC Page 10 of 37 6/15/2020 1 2 3 4 5 6 7 8 9 10 11 407 Client Sample Results Job ID: 570-30280-1Client: EnviroApplications, Inc. Project/Site: FELDER Automotive Method: 8260B - Volatile Organic Compounds (GC/MS) (Continued) Lab Sample ID: 570-30280-7Client Sample ID: PTT 2 6' Matrix: SolidDate Collected: 06/08/20 13:06 Date Received: 06/09/20 14:23 RL Styrene ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:28 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 9.9 ug/Kg 06/09/20 12:03 06/09/20 15:28 1Tert-amyl-methyl ether (TAME)ND 50 ug/Kg 06/09/20 12:03 06/09/20 15:28 1tert-Butyl alcohol (TBA)ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:28 1tert-Butylbenzene ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:28 11,1,1,2-Tetrachloroethane ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:28 11,1,2,2-Tetrachloroethane ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:28 1Tetrachloroethene37 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:28 1TolueneND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:28 1trans-1,2-Dichloroethene ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:28 1trans-1,3-Dichloropropene ND 9.9 ug/Kg 06/09/20 12:03 06/09/20 15:28 11,2,3-Trichlorobenzene ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:28 11,2,4-Trichlorobenzene ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:28 11,1,1-Trichloroethane ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:28 11,1,2-Trichloroethane ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:28 1TrichloroetheneND 50 ug/Kg 06/09/20 12:03 06/09/20 15:28 1TrichlorofluoromethaneND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:28 11,2,3-Trichloropropane ND 50 ug/Kg 06/09/20 12:03 06/09/20 15:28 11,1,2-Trichloro-1,2,2-trifluoroethane ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:28 11,2,4-Trimethylbenzene ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:28 11,3,5-Trimethylbenzene ND 50 ug/Kg 06/09/20 12:03 06/09/20 15:28 1Vinyl acetate ND 5.0 ug/Kg 06/09/20 12:03 06/09/20 15:28 1Vinyl chloride ND 9.9 ug/Kg 06/09/20 12:03 06/09/20 15:28 1Xylenes, Total ND 4-Bromofluorobenzene (Surr)100 80-120 06/09/20 12:03 06/09/20 15:28 1 Surrogate Dil FacAnalyzedPreparedQualifier Limits%Recovery Dibromofluoromethane (Surr)100 06/09/20 12:03 06/09/20 15:28 179-133 1,2-Dichloroethane-d4 (Surr)112 06/09/20 12:03 06/09/20 15:28 171-155 Toluene-d8 (Surr)98 06/09/20 12:03 06/09/20 15:28 180-120 Eurofins Calscience LLC Page 11 of 37 6/15/2020 1 2 3 4 5 6 7 8 9 10 11 408 Client Sample Results Job ID: 570-30280-1Client: EnviroApplications, Inc. Project/Site: FELDER Automotive Method: 8015B - Diesel Range Organics (DRO) (GC) Lab Sample ID: 570-30280-1Client Sample ID: PTT 2 DRYWELL 25' Matrix: SolidDate Collected: 06/08/20 12:52 Date Received: 06/09/20 14:23 RL C6 as C6 ND 5.0 mg/Kg 06/10/20 19:01 06/11/20 18:14 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 5.0 mg/Kg 06/10/20 19:01 06/11/20 18:14 1C7 as C7 ND 5.0 mg/Kg 06/10/20 19:01 06/11/20 18:14 1C8 as C8 ND 5.0 mg/Kg 06/10/20 19:01 06/11/20 18:14 1C9-C10 ND 5.0 mg/Kg 06/10/20 19:01 06/11/20 18:14 1C11-C12 ND 5.0 mg/Kg 06/10/20 19:01 06/11/20 18:14 1C13-C14 ND 5.0 mg/Kg 06/10/20 19:01 06/11/20 18:14 1C15-C16 ND 5.0 mg/Kg 06/10/20 19:01 06/11/20 18:14 1C17-C18 6.0 5.0 mg/Kg 06/10/20 19:01 06/11/20 18:14 1C19-C20 16 5.0 mg/Kg 06/10/20 19:01 06/11/20 18:14 1C21-C22 26 5.0 mg/Kg 06/10/20 19:01 06/11/20 18:14 1C23-C24 37 5.0 mg/Kg 06/10/20 19:01 06/11/20 18:14 1C25-C28 120 5.0 mg/Kg 06/10/20 19:01 06/11/20 18:14 1C29-C32 140 5.0 mg/Kg 06/10/20 19:01 06/11/20 18:14 1C33-C36 94 5.0 mg/Kg 06/10/20 19:01 06/11/20 18:14 1C37-C40 47 5.0 mg/Kg 06/10/20 19:01 06/11/20 18:14 1C41-C44 22 5.0 mg/Kg 06/10/20 19:01 06/11/20 18:14 1C6-C44 520 n-Octacosane (Surr)96 61-145 06/10/20 19:01 06/11/20 18:14 1 Surrogate Dil FacAnalyzedPreparedQualifier Limits%Recovery Lab Sample ID: 570-30280-2Client Sample ID: PTT 2 BTM 8' Matrix: SolidDate Collected: 06/08/20 12:53 Date Received: 06/09/20 14:23 RL C6 as C6 ND 25 mg/Kg 06/10/20 19:01 06/11/20 18:36 5 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 25 mg/Kg 06/10/20 19:01 06/11/20 18:36 5C7 as C7 ND 25 mg/Kg 06/10/20 19:01 06/11/20 18:36 5C8 as C8 ND 25 mg/Kg 06/10/20 19:01 06/11/20 18:36 5C9-C10 ND 25 mg/Kg 06/10/20 19:01 06/11/20 18:36 5C11-C12 ND 25 mg/Kg 06/10/20 19:01 06/11/20 18:36 5C13-C14 ND 25 mg/Kg 06/10/20 19:01 06/11/20 18:36 5C15-C16 ND 25 mg/Kg 06/10/20 19:01 06/11/20 18:36 5C17-C18 50 25 mg/Kg 06/10/20 19:01 06/11/20 18:36 5C19-C20 120 25 mg/Kg 06/10/20 19:01 06/11/20 18:36 5C21-C22 190 25 mg/Kg 06/10/20 19:01 06/11/20 18:36 5C23-C24 290 25 mg/Kg 06/10/20 19:01 06/11/20 18:36 5C25-C28 780 25 mg/Kg 06/10/20 19:01 06/11/20 18:36 5C29-C32 790 25 mg/Kg 06/10/20 19:01 06/11/20 18:36 5C33-C36 470 25 mg/Kg 06/10/20 19:01 06/11/20 18:36 5C37-C40 230 25 mg/Kg 06/10/20 19:01 06/11/20 18:36 5C41-C44 120 25 mg/Kg 06/10/20 19:01 06/11/20 18:36 5C6-C44 3100 n-Octacosane (Surr)104 61-145 06/10/20 19:01 06/11/20 18:36 5 Surrogate Dil FacAnalyzedPreparedQualifier Limits%Recovery Eurofins Calscience LLC Page 12 of 37 6/15/2020 1 2 3 4 5 6 7 8 9 10 11 409 Client Sample Results Job ID: 570-30280-1Client: EnviroApplications, Inc. Project/Site: FELDER Automotive Method: 8015B - Diesel Range Organics (DRO) (GC) Lab Sample ID: 570-30280-6Client Sample ID: PTT 2 ESW Matrix: SolidDate Collected: 06/08/20 13:04 Date Received: 06/09/20 14:23 RL C6 as C6 ND 5.0 mg/Kg 06/10/20 19:01 06/11/20 18:56 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 5.0 mg/Kg 06/10/20 19:01 06/11/20 18:56 1C7 as C7 ND 5.0 mg/Kg 06/10/20 19:01 06/11/20 18:56 1C8 as C8 ND 5.0 mg/Kg 06/10/20 19:01 06/11/20 18:56 1C9-C10 ND 5.0 mg/Kg 06/10/20 19:01 06/11/20 18:56 1C11-C12 ND 5.0 mg/Kg 06/10/20 19:01 06/11/20 18:56 1C13-C14 ND 5.0 mg/Kg 06/10/20 19:01 06/11/20 18:56 1C15-C16 ND 5.0 mg/Kg 06/10/20 19:01 06/11/20 18:56 1C17-C18 12 5.0 mg/Kg 06/10/20 19:01 06/11/20 18:56 1C19-C20 29 5.0 mg/Kg 06/10/20 19:01 06/11/20 18:56 1C21-C22 45 5.0 mg/Kg 06/10/20 19:01 06/11/20 18:56 1C23-C24 63 5.0 mg/Kg 06/10/20 19:01 06/11/20 18:56 1C25-C28 160 5.0 mg/Kg 06/10/20 19:01 06/11/20 18:56 1C29-C32 160 5.0 mg/Kg 06/10/20 19:01 06/11/20 18:56 1C33-C36 91 5.0 mg/Kg 06/10/20 19:01 06/11/20 18:56 1C37-C40 47 5.0 mg/Kg 06/10/20 19:01 06/11/20 18:56 1C41-C44 26 5.0 mg/Kg 06/10/20 19:01 06/11/20 18:56 1C6-C44 630 n-Octacosane (Surr)101 61-145 06/10/20 19:01 06/11/20 18:56 1 Surrogate Dil FacAnalyzedPreparedQualifier Limits%Recovery Lab Sample ID: 570-30280-7Client Sample ID: PTT 2 6' Matrix: SolidDate Collected: 06/08/20 13:06 Date Received: 06/09/20 14:23 RL C6 as C6 ND 24 mg/Kg 06/10/20 19:01 06/12/20 12:03 5 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 24 mg/Kg 06/10/20 19:01 06/12/20 12:03 5C7 as C7 ND 24 mg/Kg 06/10/20 19:01 06/12/20 12:03 5C8 as C8 ND 24 mg/Kg 06/10/20 19:01 06/12/20 12:03 5C9-C10 ND 24 mg/Kg 06/10/20 19:01 06/12/20 12:03 5C11-C12 ND 24 mg/Kg 06/10/20 19:01 06/12/20 12:03 5C13-C14 ND 24 mg/Kg 06/10/20 19:01 06/12/20 12:03 5C15-C16 ND 24 mg/Kg 06/10/20 19:01 06/12/20 12:03 5C17-C18 ND 24 mg/Kg 06/10/20 19:01 06/12/20 12:03 5C19-C20 ND 24 mg/Kg 06/10/20 19:01 06/12/20 12:03 5C21-C22 30 24 mg/Kg 06/10/20 19:01 06/12/20 12:03 5C23-C24 35 24 mg/Kg 06/10/20 19:01 06/12/20 12:03 5C25-C28 130 24 mg/Kg 06/10/20 19:01 06/12/20 12:03 5C29-C32 160 24 mg/Kg 06/10/20 19:01 06/12/20 12:03 5C33-C36 120 24 mg/Kg 06/10/20 19:01 06/12/20 12:03 5C37-C40 76 24 mg/Kg 06/10/20 19:01 06/12/20 12:03 5C41-C44 44 24 mg/Kg 06/10/20 19:01 06/12/20 12:03 5C6-C44 630 n-Octacosane (Surr)97 61-145 06/10/20 19:01 06/12/20 12:03 5 Surrogate Dil FacAnalyzedPreparedQualifier Limits%Recovery Eurofins Calscience LLC Page 13 of 37 6/15/2020 1 2 3 4 5 6 7 8 9 10 11 410 Client Sample Results Job ID: 570-30280-1Client: EnviroApplications, Inc. Project/Site: FELDER Automotive Method: 6010B - Metals (ICP) Lab Sample ID: 570-30280-1Client Sample ID: PTT 2 DRYWELL 25' Matrix: SolidDate Collected: 06/08/20 12:52 Date Received: 06/09/20 14:23 RL Antimony ND 0.750 mg/Kg 06/11/20 17:30 06/12/20 14:49 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 0.750 mg/Kg 06/11/20 17:30 06/12/20 14:49 1Arsenic1.36 0.500 mg/Kg 06/11/20 17:30 06/12/20 14:49 1Barium24.6 0.250 mg/Kg 06/11/20 17:30 06/12/20 14:49 1BerylliumND 0.500 mg/Kg 06/11/20 17:30 06/12/20 14:49 1CadmiumND 0.250 mg/Kg 06/11/20 17:30 06/12/20 14:49 1Chromium10.4 0.250 mg/Kg 06/11/20 17:30 06/12/20 14:49 1Cobalt1.76 0.500 mg/Kg 06/11/20 17:30 06/12/20 14:49 1Copper5.32 0.500 mg/Kg 06/11/20 17:30 06/12/20 14:49 1Lead42.5 0.250 mg/Kg 06/11/20 17:30 06/12/20 14:49 1MolybdenumND 0.250 mg/Kg 06/11/20 17:30 06/12/20 14:49 1Nickel4.17 0.750 mg/Kg 06/11/20 17:30 06/12/20 14:49 1SeleniumND 0.250 mg/Kg 06/11/20 17:30 06/12/20 14:49 1SilverND 0.750 mg/Kg 06/11/20 17:30 06/12/20 14:49 1ThalliumND 0.250 mg/Kg 06/11/20 17:30 06/12/20 14:49 1Vanadium7.86 1.00 mg/Kg 06/11/20 17:30 06/12/20 14:49 1Zinc13.3 Lab Sample ID: 570-30280-2Client Sample ID: PTT 2 BTM 8' Matrix: SolidDate Collected: 06/08/20 12:53 Date Received: 06/09/20 14:23 RL Antimony ND 0.769 mg/Kg 06/11/20 17:30 06/12/20 14:51 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 0.769 mg/Kg 06/11/20 17:30 06/12/20 14:51 1Arsenic3.10 0.513 mg/Kg 06/11/20 17:30 06/12/20 14:51 1Barium68.8 0.256 mg/Kg 06/11/20 17:30 06/12/20 14:51 1Beryllium0.362 0.513 mg/Kg 06/11/20 17:30 06/12/20 14:51 1CadmiumND 0.256 mg/Kg 06/11/20 17:30 06/12/20 14:51 1Chromium23.4 0.256 mg/Kg 06/11/20 17:30 06/12/20 14:51 1Cobalt4.27 0.513 mg/Kg 06/11/20 17:30 06/12/20 14:51 1Copper8.34 0.513 mg/Kg 06/11/20 17:30 06/12/20 14:51 1Lead76.3 0.256 mg/Kg 06/11/20 17:30 06/12/20 14:51 1MolybdenumND 0.256 mg/Kg 06/11/20 17:30 06/12/20 14:51 1Nickel6.39 0.769 mg/Kg 06/11/20 17:30 06/12/20 14:51 1SeleniumND 0.256 mg/Kg 06/11/20 17:30 06/12/20 14:51 1SilverND 0.769 mg/Kg 06/11/20 17:30 06/12/20 14:51 1ThalliumND 0.256 mg/Kg 06/11/20 17:30 06/12/20 14:51 1Vanadium17.7 1.03 mg/Kg 06/11/20 17:30 06/12/20 14:51 1Zinc34.1 Lab Sample ID: 570-30280-6Client Sample ID: PTT 2 ESW Matrix: SolidDate Collected: 06/08/20 13:04 Date Received: 06/09/20 14:23 RL Antimony ND 0.750 mg/Kg 06/11/20 17:30 06/12/20 14:53 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 0.750 mg/Kg 06/11/20 17:30 06/12/20 14:53 1ArsenicND 0.500 mg/Kg 06/11/20 17:30 06/12/20 14:53 1Barium65.3 0.250 mg/Kg 06/11/20 17:30 06/12/20 14:53 1Beryllium0.313 0.500 mg/Kg 06/11/20 17:30 06/12/20 14:53 1CadmiumND 0.250 mg/Kg 06/11/20 17:30 06/12/20 14:53 1Chromium13.2 0.250 mg/Kg 06/11/20 17:30 06/12/20 14:53 1Cobalt3.68 0.500 mg/Kg 06/11/20 17:30 06/12/20 14:53 1Copper5.53 Eurofins Calscience LLC Page 14 of 37 6/15/2020 1 2 3 4 5 6 7 8 9 10 11 411 Client Sample Results Job ID: 570-30280-1Client: EnviroApplications, Inc. Project/Site: FELDER Automotive Method: 6010B - Metals (ICP) (Continued) Lab Sample ID: 570-30280-6Client Sample ID: PTT 2 ESW Matrix: SolidDate Collected: 06/08/20 13:04 Date Received: 06/09/20 14:23 RL Lead 41.5 0.500 mg/Kg 06/11/20 17:30 06/12/20 14:53 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 0.250 mg/Kg 06/11/20 17:30 06/12/20 14:53 1MolybdenumND 0.250 mg/Kg 06/11/20 17:30 06/12/20 14:53 1Nickel5.52 0.750 mg/Kg 06/11/20 17:30 06/12/20 14:53 1SeleniumND 0.250 mg/Kg 06/11/20 17:30 06/12/20 14:53 1SilverND 0.750 mg/Kg 06/11/20 17:30 06/12/20 14:53 1ThalliumND 0.250 mg/Kg 06/11/20 17:30 06/12/20 14:53 1Vanadium15.3 1.00 mg/Kg 06/11/20 17:30 06/12/20 14:53 1Zinc20.1 Lab Sample ID: 570-30280-7Client Sample ID: PTT 2 6' Matrix: SolidDate Collected: 06/08/20 13:06 Date Received: 06/09/20 14:23 RL Antimony ND 0.761 mg/Kg 06/11/20 17:30 06/12/20 15:07 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 0.761 mg/Kg 06/11/20 17:30 06/12/20 15:07 1Arsenic1.18 0.508 mg/Kg 06/11/20 17:30 06/12/20 15:07 1Barium71.8 0.254 mg/Kg 06/11/20 17:30 06/12/20 15:07 1Beryllium0.415 0.508 mg/Kg 06/11/20 17:30 06/12/20 15:07 1CadmiumND 0.254 mg/Kg 06/11/20 17:30 06/12/20 15:07 1Chromium12.7 0.254 mg/Kg 06/11/20 17:30 06/12/20 15:07 1Cobalt4.30 0.508 mg/Kg 06/11/20 17:30 06/12/20 15:07 1Copper6.67 0.508 mg/Kg 06/11/20 17:30 06/12/20 15:07 1Lead20.6 0.254 mg/Kg 06/11/20 17:30 06/12/20 15:07 1MolybdenumND 0.254 mg/Kg 06/11/20 17:30 06/12/20 15:07 1Nickel6.84 0.761 mg/Kg 06/11/20 17:30 06/12/20 15:07 1SeleniumND L 0.254 mg/Kg 06/11/20 17:30 06/12/20 15:07 1SilverND 0.761 mg/Kg 06/11/20 17:30 06/12/20 15:07 1ThalliumND 0.254 mg/Kg 06/11/20 17:30 06/12/20 15:07 1Vanadium18.8 1.02 mg/Kg 06/11/20 17:30 06/12/20 15:07 1Zinc30.8 Eurofins Calscience LLC Page 15 of 37 6/15/2020 1 2 3 4 5 6 7 8 9 10 11 412 Client Sample Results Job ID: 570-30280-1Client: EnviroApplications, Inc. Project/Site: FELDER Automotive Method: 6010B - Metals (ICP) - TCLP Lab Sample ID: 570-30280-3Client Sample ID: PTT 2 SP-A Matrix: SolidDate Collected: 06/08/20 12:58 Date Received: 06/09/20 14:23 RL Lead 0.791 0.500 mg/L 06/11/20 14:00 06/12/20 02:01 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier Lab Sample ID: 570-30280-4Client Sample ID: PTT 2 SP-B Matrix: SolidDate Collected: 06/08/20 13:01 Date Received: 06/09/20 14:23 RL Lead ND 0.500 mg/L 06/11/20 14:00 06/12/20 02:05 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier Lab Sample ID: 570-30280-5Client Sample ID: PTT 2 DRYWELL Matrix: SolidDate Collected: 06/08/20 12:55 Date Received: 06/09/20 14:23 RL Cadmium 0.613 0.100 mg/L 06/11/20 14:00 06/12/20 02:03 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 0.500 mg/L 06/11/20 14:00 06/12/20 02:03 1Copper8.41 0.500 mg/L 06/11/20 14:00 06/12/20 02:03 1Lead42.3 0.500 mg/L 06/11/20 14:00 06/12/20 02:03 1ChromiumND Eurofins Calscience LLC Page 16 of 37 6/15/2020 1 2 3 4 5 6 7 8 9 10 11 413 Client Sample Results Job ID: 570-30280-1Client: EnviroApplications, Inc. Project/Site: FELDER Automotive Method: 6010B - Metals (ICP) - STLC Citrate Lab Sample ID: 570-30280-3Client Sample ID: PTT 2 SP-A Matrix: SolidDate Collected: 06/08/20 12:58 Date Received: 06/09/20 14:23 RL Lead 58.6 0.500 mg/L 06/12/20 13:45 06/12/20 16:04 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier Lab Sample ID: 570-30280-4Client Sample ID: PTT 2 SP-B Matrix: SolidDate Collected: 06/08/20 13:01 Date Received: 06/09/20 14:23 RL Lead 21.2 0.500 mg/L 06/12/20 13:45 06/12/20 16:09 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier Lab Sample ID: 570-30280-5Client Sample ID: PTT 2 DRYWELL Matrix: SolidDate Collected: 06/08/20 12:55 Date Received: 06/09/20 14:23 RL Cadmium 1.25 0.100 mg/L 06/12/20 13:45 06/12/20 16:07 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 0.500 mg/L 06/12/20 13:45 06/12/20 16:07 1Copper19.1 0.500 mg/L 06/12/20 13:45 06/12/20 16:07 1Lead451 0.500 mg/L 06/12/20 13:45 06/12/20 16:07 1Chromium1.56 Eurofins Calscience LLC Page 17 of 37 6/15/2020 1 2 3 4 5 6 7 8 9 10 11 414 Client Sample Results Job ID: 570-30280-1Client: EnviroApplications, Inc. Project/Site: FELDER Automotive Method: 7471A - Mercury (CVAA) Lab Sample ID: 570-30280-1Client Sample ID: PTT 2 DRYWELL 25' Matrix: SolidDate Collected: 06/08/20 12:52 Date Received: 06/09/20 14:23 RL Mercury ND 0.0833 mg/Kg 06/11/20 17:00 06/12/20 11:40 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier Lab Sample ID: 570-30280-2Client Sample ID: PTT 2 BTM 8' Matrix: SolidDate Collected: 06/08/20 12:53 Date Received: 06/09/20 14:23 RL Mercury ND 0.0794 mg/Kg 06/11/20 17:00 06/12/20 11:43 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier Lab Sample ID: 570-30280-6Client Sample ID: PTT 2 ESW Matrix: SolidDate Collected: 06/08/20 13:04 Date Received: 06/09/20 14:23 RL Mercury ND 0.0877 mg/Kg 06/11/20 17:00 06/12/20 11:45 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier Lab Sample ID: 570-30280-7Client Sample ID: PTT 2 6' Matrix: SolidDate Collected: 06/08/20 13:06 Date Received: 06/09/20 14:23 RL Mercury ND 0.0833 mg/Kg 06/11/20 17:00 06/12/20 11:47 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier Eurofins Calscience LLC Page 18 of 37 6/15/2020 1 2 3 4 5 6 7 8 9 10 11 415 QC Sample Results Job ID: 570-30280-1Client: EnviroApplications, Inc. Project/Site: FELDER Automotive Method: 8260B - Volatile Organic Compounds (GC/MS) Client Sample ID: Method BlankLab Sample ID: MB 570-74153/3-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 74143 Prep Batch: 74153 RL Acetone ND 50 ug/Kg 06/09/20 07:33 06/09/20 10:33 1 MB MB Analyte Dil FacAnalyzedPreparedDUnitResult Qualifier ND 5.0 ug/Kg 06/09/20 07:33 06/09/20 10:33 1Benzene ND 5.0 ug/Kg 06/09/20 07:33 06/09/20 10:33 1Bromobenzene ND 5.0 ug/Kg 06/09/20 07:33 06/09/20 10:33 1Bromochloromethane ND 5.0 ug/Kg 06/09/20 07:33 06/09/20 10:33 1Bromodichloromethane ND 5.0 ug/Kg 06/09/20 07:33 06/09/20 10:33 1Bromoform ND 25 ug/Kg 06/09/20 07:33 06/09/20 10:33 1Bromomethane ND 50 ug/Kg 06/09/20 07:33 06/09/20 10:33 12-Butanone ND 50 ug/Kg 06/09/20 07:33 06/09/20 10:33 1Carbon disulfide ND 5.0 ug/Kg 06/09/20 07:33 06/09/20 10:33 1Carbon tetrachloride ND 5.0 ug/Kg 06/09/20 07:33 06/09/20 10:33 1Chlorobenzene ND 5.0 ug/Kg 06/09/20 07:33 06/09/20 10:33 1Chloroethane ND 5.0 ug/Kg 06/09/20 07:33 06/09/20 10:33 1Chloroform ND 25 ug/Kg 06/09/20 07:33 06/09/20 10:33 1Chloromethane ND 5.0 ug/Kg 06/09/20 07:33 06/09/20 10:33 12-Chlorotoluene ND 5.0 ug/Kg 06/09/20 07:33 06/09/20 10:33 14-Chlorotoluene ND 5.0 ug/Kg 06/09/20 07:33 06/09/20 10:33 1cis-1,2-Dichloroethene ND 5.0 ug/Kg 06/09/20 07:33 06/09/20 10:33 1cis-1,3-Dichloropropene ND 5.0 ug/Kg 06/09/20 07:33 06/09/20 10:33 1Dibromochloromethane ND 10 ug/Kg 06/09/20 07:33 06/09/20 10:33 11,2-Dibromo-3-Chloropropane ND 5.0 ug/Kg 06/09/20 07:33 06/09/20 10:33 11,2-Dibromoethane ND 5.0 ug/Kg 06/09/20 07:33 06/09/20 10:33 1Dibromomethane ND 5.0 ug/Kg 06/09/20 07:33 06/09/20 10:33 11,2-Dichlorobenzene ND 5.0 ug/Kg 06/09/20 07:33 06/09/20 10:33 11,3-Dichlorobenzene ND 5.0 ug/Kg 06/09/20 07:33 06/09/20 10:33 11,4-Dichlorobenzene ND 5.0 ug/Kg 06/09/20 07:33 06/09/20 10:33 1Dichlorodifluoromethane ND 5.0 ug/Kg 06/09/20 07:33 06/09/20 10:33 11,1-Dichloroethane ND 5.0 ug/Kg 06/09/20 07:33 06/09/20 10:33 11,2-Dichloroethane ND 5.0 ug/Kg 06/09/20 07:33 06/09/20 10:33 11,1-Dichloroethene ND 5.0 ug/Kg 06/09/20 07:33 06/09/20 10:33 11,2-Dichloropropane ND 5.0 ug/Kg 06/09/20 07:33 06/09/20 10:33 11,3-Dichloropropane ND 5.0 ug/Kg 06/09/20 07:33 06/09/20 10:33 12,2-Dichloropropane ND 5.0 ug/Kg 06/09/20 07:33 06/09/20 10:33 11,1-Dichloropropene ND 10 ug/Kg 06/09/20 07:33 06/09/20 10:33 1Di-isopropyl ether (DIPE) ND 250 ug/Kg 06/09/20 07:33 06/09/20 10:33 1Ethanol ND 5.0 ug/Kg 06/09/20 07:33 06/09/20 10:33 1Ethylbenzene ND 10 ug/Kg 06/09/20 07:33 06/09/20 10:33 1Ethyl-t-butyl ether (ETBE) ND 50 ug/Kg 06/09/20 07:33 06/09/20 10:33 12-Hexanone ND 5.0 ug/Kg 06/09/20 07:33 06/09/20 10:33 1Isopropylbenzene ND 50 ug/Kg 06/09/20 07:33 06/09/20 10:33 1Methylene Chloride ND 50 ug/Kg 06/09/20 07:33 06/09/20 10:33 14-Methyl-2-pentanone ND 5.0 ug/Kg 06/09/20 07:33 06/09/20 10:33 1Methyl-t-Butyl Ether (MTBE) ND 5.0 ug/Kg 06/09/20 07:33 06/09/20 10:33 1m,p-Xylene ND 50 ug/Kg 06/09/20 07:33 06/09/20 10:33 1Naphthalene ND 5.0 ug/Kg 06/09/20 07:33 06/09/20 10:33 1n-Butylbenzene ND 5.0 ug/Kg 06/09/20 07:33 06/09/20 10:33 1N-Propylbenzene ND 5.0 ug/Kg 06/09/20 07:33 06/09/20 10:33 1o-Xylene ND 5.0 ug/Kg 06/09/20 07:33 06/09/20 10:33 1p-Isopropyltoluene Eurofins Calscience LLC Page 19 of 37 6/15/2020 1 2 3 4 5 6 7 8 9 10 11 416 QC Sample Results Job ID: 570-30280-1Client: EnviroApplications, Inc. Project/Site: FELDER Automotive Method: 8260B - Volatile Organic Compounds (GC/MS) (Continued) Client Sample ID: Method BlankLab Sample ID: MB 570-74153/3-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 74143 Prep Batch: 74153 RL sec-Butylbenzene ND 5.0 ug/Kg 06/09/20 07:33 06/09/20 10:33 1 MB MB Analyte Dil FacAnalyzedPreparedDUnitResult Qualifier ND 5.0 ug/Kg 06/09/20 07:33 06/09/20 10:33 1Styrene ND 10 ug/Kg 06/09/20 07:33 06/09/20 10:33 1Tert-amyl-methyl ether (TAME) ND 50 ug/Kg 06/09/20 07:33 06/09/20 10:33 1tert-Butyl alcohol (TBA) ND 5.0 ug/Kg 06/09/20 07:33 06/09/20 10:33 1tert-Butylbenzene ND 5.0 ug/Kg 06/09/20 07:33 06/09/20 10:33 11,1,1,2-Tetrachloroethane ND 5.0 ug/Kg 06/09/20 07:33 06/09/20 10:33 11,1,2,2-Tetrachloroethane ND 5.0 ug/Kg 06/09/20 07:33 06/09/20 10:33 1Tetrachloroethene ND 5.0 ug/Kg 06/09/20 07:33 06/09/20 10:33 1Toluene ND 5.0 ug/Kg 06/09/20 07:33 06/09/20 10:33 1trans-1,2-Dichloroethene ND 5.0 ug/Kg 06/09/20 07:33 06/09/20 10:33 1trans-1,3-Dichloropropene ND 10 ug/Kg 06/09/20 07:33 06/09/20 10:33 11,2,3-Trichlorobenzene ND 5.0 ug/Kg 06/09/20 07:33 06/09/20 10:33 11,2,4-Trichlorobenzene ND 5.0 ug/Kg 06/09/20 07:33 06/09/20 10:33 11,1,1-Trichloroethane ND 5.0 ug/Kg 06/09/20 07:33 06/09/20 10:33 11,1,2-Trichloroethane ND 5.0 ug/Kg 06/09/20 07:33 06/09/20 10:33 1Trichloroethene ND 50 ug/Kg 06/09/20 07:33 06/09/20 10:33 1Trichlorofluoromethane ND 5.0 ug/Kg 06/09/20 07:33 06/09/20 10:33 11,2,3-Trichloropropane ND 50 ug/Kg 06/09/20 07:33 06/09/20 10:33 11,1,2-Trichloro-1,2,2-trifluoroethane ND 5.0 ug/Kg 06/09/20 07:33 06/09/20 10:33 11,2,4-Trimethylbenzene ND 5.0 ug/Kg 06/09/20 07:33 06/09/20 10:33 11,3,5-Trimethylbenzene ND 50 ug/Kg 06/09/20 07:33 06/09/20 10:33 1Vinyl acetate ND 5.0 ug/Kg 06/09/20 07:33 06/09/20 10:33 1Vinyl chloride ND 10 ug/Kg 06/09/20 07:33 06/09/20 10:33 1Xylenes, Total 4-Bromofluorobenzene (Surr)98 80-120 06/09/20 10:33 1 MB MB Surrogate 06/09/20 07:33 Dil FacPrepared AnalyzedQualifier Limits%Recovery 101 06/09/20 07:33 06/09/20 10:33 1Dibromofluoromethane (Surr)79-133 107 06/09/20 07:33 06/09/20 10:33 11,2-Dichloroethane-d4 (Surr)71-155 99 06/09/20 07:33 06/09/20 10:33 1Toluene-d8 (Surr)80-120 Client Sample ID: Lab Control SampleLab Sample ID: LCS 570-74153/1-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 74143 Prep Batch: 74153 Benzene 50.0 43.77 ug/Kg 88 78-120 Analyte LCS LCS DUnitResult Qualifier %Rec Spike Added %Rec. Limits Carbon tetrachloride 50.0 44.82 ug/Kg 90 49-139 Chlorobenzene 50.0 44.58 ug/Kg 89 79-120 1,2-Dibromoethane 50.0 47.60 ug/Kg 95 70-130 1,2-Dichlorobenzene 50.0 46.65 ug/Kg 93 75-120 1,2-Dichloroethane 50.0 44.37 ug/Kg 89 70-130 1,1-Dichloroethene 50.0 44.58 ug/Kg 89 74-122 Di-isopropyl ether (DIPE)50.0 46.31 ug/Kg 93 78-120 Ethanol 500 483.1 ug/Kg 97 56-140 Ethylbenzene 50.0 44.25 ug/Kg 88 76-120 Ethyl-t-butyl ether (ETBE)50.0 43.28 ug/Kg 87 70-124 Methyl-t-Butyl Ether (MTBE)50.0 42.44 ug/Kg 85 70-124 Eurofins Calscience LLC Page 20 of 37 6/15/2020 1 2 3 4 5 6 7 8 9 10 11 417 QC Sample Results Job ID: 570-30280-1Client: EnviroApplications, Inc. Project/Site: FELDER Automotive Method: 8260B - Volatile Organic Compounds (GC/MS) (Continued) Client Sample ID: Lab Control SampleLab Sample ID: LCS 570-74153/1-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 74143 Prep Batch: 74153 m,p-Xylene 100 87.96 ug/Kg 88 70-130 Analyte LCS LCS DUnitResult Qualifier %Rec Spike Added %Rec. Limits o-Xylene 50.0 45.73 ug/Kg 91 70-130 4-Bromofluorobenzene (Surr)80 -120 Surrogate 101 LCS LCS Qualifier Limits%Recovery 106Dibromofluoromethane (Surr)79 -133 1011,2-Dichloroethane-d4 (Surr)71 -155 102Toluene-d8 (Surr)80 -120 Client Sample ID: Lab Control Sample DupLab Sample ID: LCSD 570-74153/2-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 74143 Prep Batch: 74153 Benzene 50.0 42.28 ug/Kg 85 78-120 3 20 Analyte LCSD LCSD DUnitResult Qualifier %Rec Spike Added %Rec. Limits LimitRPD RPD Carbon tetrachloride 50.0 43.69 ug/Kg 87 49-139 3 20 Chlorobenzene 50.0 43.30 ug/Kg 87 79-120 3 20 1,2-Dibromoethane 50.0 46.03 ug/Kg 92 70-130 3 20 1,2-Dichlorobenzene 50.0 45.24 ug/Kg 90 75-120 3 20 1,2-Dichloroethane 50.0 42.50 ug/Kg 85 70-130 4 20 1,1-Dichloroethene 50.0 42.15 ug/Kg 84 74-122 6 20 Di-isopropyl ether (DIPE)50.0 44.78 ug/Kg 90 78-120 3 20 Ethanol 500 470.4 ug/Kg 94 56-140 3 20 Ethylbenzene 50.0 42.87 ug/Kg 86 76-120 3 20 Ethyl-t-butyl ether (ETBE)50.0 41.88 ug/Kg 84 70-124 3 20 Methyl-t-Butyl Ether (MTBE)50.0 40.05 ug/Kg 80 70-124 6 20 m,p-Xylene 100 85.16 ug/Kg 85 70-130 3 20 o-Xylene 50.0 44.09 ug/Kg 88 70-130 4 20 4-Bromofluorobenzene (Surr)80 -120 Surrogate 100 LCSD LCSD Qualifier Limits%Recovery 106Dibromofluoromethane (Surr)79 -133 1001,2-Dichloroethane-d4 (Surr)71 -155 102Toluene-d8 (Surr)80 -120 Client Sample ID: Matrix SpikeLab Sample ID: 570-30279-B-1-B MS Matrix: Solid Prep Type: Total/NA Analysis Batch: 74143 Prep Batch: 74153 Benzene ND 50.5 39.07 ug/Kg 77 61-127 Analyte MS MS DUnitResult Qualifier %Rec Spike Added Sample Result Sample Qualifier %Rec. Limits Carbon tetrachloride ND 50.5 43.95 ug/Kg 87 51-135 Chlorobenzene ND 50.5 36.92 ug/Kg 73 57-123 1,2-Dibromoethane ND F2 50.5 32.44 ug/Kg 64 64-124 1,2-Dichlorobenzene ND 50.5 33.28 ug/Kg 66 35-131 1,2-Dichloroethane ND F1 50.5 33.70 F1 ug/Kg 67 70-130 1,1-Dichloroethene ND 50.5 43.71 ug/Kg 87 47-143 Di-isopropyl ether (DIPE)ND 50.5 37.31 ug/Kg 74 57-129 Eurofins Calscience LLC Page 21 of 37 6/15/2020 1 2 3 4 5 6 7 8 9 10 11 418 QC Sample Results Job ID: 570-30280-1Client: EnviroApplications, Inc. Project/Site: FELDER Automotive Method: 8260B - Volatile Organic Compounds (GC/MS) (Continued) Client Sample ID: Matrix SpikeLab Sample ID: 570-30279-B-1-B MS Matrix: Solid Prep Type: Total/NA Analysis Batch: 74143 Prep Batch: 74153 Ethanol ND 505 423.7 ug/Kg 84 17-167 Analyte MS MS DUnitResult Qualifier %Rec Spike Added Sample Result Sample Qualifier %Rec. Limits Ethylbenzene ND 50.5 39.26 ug/Kg 78 57-129 Ethyl-t-butyl ether (ETBE)ND F2 50.5 31.76 ug/Kg 63 55-127 Methyl-t-Butyl Ether (MTBE)ND F2 50.5 28.99 ug/Kg 57 57-123 m,p-Xylene ND 101 77.69 ug/Kg 77 70-130 o-Xylene ND 50.5 38.35 ug/Kg 76 70-130 4-Bromofluorobenzene (Surr)80 -120 Surrogate 100 MS MS Qualifier Limits%Recovery 107Dibromofluoromethane (Surr)79 -133 1091,2-Dichloroethane-d4 (Surr)71 -155 102Toluene-d8 (Surr)80 -120 Client Sample ID: Matrix Spike DuplicateLab Sample ID: 570-30279-B-1-C MSD Matrix: Solid Prep Type: Total/NA Analysis Batch: 74143 Prep Batch: 74153 Benzene ND 48.4 41.42 ug/Kg 86 61-127 6 20 Analyte MSD MSD DUnitResult Qualifier %Rec Spike Added Sample Result Sample Qualifier %Rec. Limits LimitRPD RPD Carbon tetrachloride ND 48.4 43.48 ug/Kg 90 51-135 1 29 Chlorobenzene ND 48.4 41.84 ug/Kg 87 57-123 12 20 1,2-Dibromoethane ND F2 48.4 43.10 F2 ug/Kg 89 64-124 28 20 1,2-Dichlorobenzene ND 48.4 41.96 ug/Kg 87 35-131 23 25 1,2-Dichloroethane ND F1 48.4 40.75 ug/Kg 84 70-130 19 20 1,1-Dichloroethene ND 48.4 42.26 ug/Kg 87 47-143 3 25 Di-isopropyl ether (DIPE)ND 48.4 42.98 ug/Kg 89 57-129 14 20 Ethanol ND 484 654.4 ug/Kg 135 17-167 43 47 Ethylbenzene ND 48.4 42.53 ug/Kg 88 57-129 8 22 Ethyl-t-butyl ether (ETBE)ND F2 48.4 39.62 F2 ug/Kg 82 55-127 22 20 Methyl-t-Butyl Ether (MTBE)ND F2 48.4 37.74 F2 ug/Kg 78 57-123 26 21 m,p-Xylene ND 96.7 83.92 ug/Kg 87 70-130 8 20 o-Xylene ND 48.4 43.04 ug/Kg 89 70-130 12 20 4-Bromofluorobenzene (Surr)80 -120 Surrogate 99 MSD MSD Qualifier Limits%Recovery 105Dibromofluoromethane (Surr)79 -133 1021,2-Dichloroethane-d4 (Surr)71 -155 101Toluene-d8 (Surr)80 -120 Method: 8015B - Diesel Range Organics (DRO) (GC) Client Sample ID: Method BlankLab Sample ID: MB 570-74626/1-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 74722 Prep Batch: 74626 RL C6 as C6 ND 5.0 mg/Kg 06/10/20 19:01 06/11/20 11:23 1 MB MB Analyte Dil FacAnalyzedPreparedDUnitResult Qualifier ND 5.0 mg/Kg 06/10/20 19:01 06/11/20 11:23 1C7 as C7 Eurofins Calscience LLC Page 22 of 37 6/15/2020 1 2 3 4 5 6 7 8 9 10 11 419 QC Sample Results Job ID: 570-30280-1Client: EnviroApplications, Inc. Project/Site: FELDER Automotive Method: 8015B - Diesel Range Organics (DRO) (GC) (Continued) Client Sample ID: Method BlankLab Sample ID: MB 570-74626/1-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 74722 Prep Batch: 74626 RL C8 as C8 ND 5.0 mg/Kg 06/10/20 19:01 06/11/20 11:23 1 MB MB Analyte Dil FacAnalyzedPreparedDUnitResult Qualifier ND 5.0 mg/Kg 06/10/20 19:01 06/11/20 11:23 1C9-C10 ND 5.0 mg/Kg 06/10/20 19:01 06/11/20 11:23 1C11-C12 ND 5.0 mg/Kg 06/10/20 19:01 06/11/20 11:23 1C13-C14 ND 5.0 mg/Kg 06/10/20 19:01 06/11/20 11:23 1C15-C16 ND 5.0 mg/Kg 06/10/20 19:01 06/11/20 11:23 1C17-C18 ND 5.0 mg/Kg 06/10/20 19:01 06/11/20 11:23 1C19-C20 ND 5.0 mg/Kg 06/10/20 19:01 06/11/20 11:23 1C21-C22 ND 5.0 mg/Kg 06/10/20 19:01 06/11/20 11:23 1C23-C24 ND 5.0 mg/Kg 06/10/20 19:01 06/11/20 11:23 1C25-C28 ND 5.0 mg/Kg 06/10/20 19:01 06/11/20 11:23 1C29-C32 ND 5.0 mg/Kg 06/10/20 19:01 06/11/20 11:23 1C33-C36 ND 5.0 mg/Kg 06/10/20 19:01 06/11/20 11:23 1C37-C40 ND 5.0 mg/Kg 06/10/20 19:01 06/11/20 11:23 1C41-C44 ND 5.0 mg/Kg 06/10/20 19:01 06/11/20 11:23 1C6-C44 n-Octacosane (Surr)99 61-145 06/11/20 11:23 1 MB MB Surrogate 06/10/20 19:01 Dil FacPrepared AnalyzedQualifier Limits%Recovery Client Sample ID: Lab Control SampleLab Sample ID: LCS 570-74626/2-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 74722 Prep Batch: 74626 TPH as Diesel (C10-C28)400 467.6 mg/Kg 117 67-121 Analyte LCS LCS DUnitResult Qualifier %Rec Spike Added %Rec. Limits n-Octacosane (Surr)61 -145 Surrogate 98 LCS LCS Qualifier Limits%Recovery Client Sample ID: Lab Control Sample DupLab Sample ID: LCSD 570-74626/3-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 74722 Prep Batch: 74626 TPH as Diesel (C10-C28)400 452.3 mg/Kg 113 67-121 3 20 Analyte LCSD LCSD DUnitResult Qualifier %Rec Spike Added %Rec. Limits LimitRPD RPD n-Octacosane (Surr)61 -145 Surrogate 97 LCSD LCSD Qualifier Limits%Recovery Client Sample ID: Matrix SpikeLab Sample ID: 720-98809-A-5-A MS Matrix: Solid Prep Type: Total/NA Analysis Batch: 74722 Prep Batch: 74626 TPH as Diesel (C10-C28)18 389 466.6 mg/Kg 116 33-153 Analyte MS MS DUnitResult Qualifier %Rec Spike Added Sample Result Sample Qualifier %Rec. Limits Eurofins Calscience LLC Page 23 of 37 6/15/2020 1 2 3 4 5 6 7 8 9 10 11 420 QC Sample Results Job ID: 570-30280-1Client: EnviroApplications, Inc. Project/Site: FELDER Automotive Method: 8015B - Diesel Range Organics (DRO) (GC) (Continued) Client Sample ID: Matrix SpikeLab Sample ID: 720-98809-A-5-A MS Matrix: Solid Prep Type: Total/NA Analysis Batch: 74722 Prep Batch: 74626 n-Octacosane (Surr)61 -145 Surrogate 97 MS MS Qualifier Limits%Recovery Client Sample ID: Matrix Spike DuplicateLab Sample ID: 720-98809-A-5-B MSD Matrix: Solid Prep Type: Total/NA Analysis Batch: 74722 Prep Batch: 74626 TPH as Diesel (C10-C28)18 386 469.0 mg/Kg 117 33-153 1 32 Analyte MSD MSD DUnitResult Qualifier %Rec Spike Added Sample Result Sample Qualifier %Rec. Limits LimitRPD RPD n-Octacosane (Surr)61 -145 Surrogate 98 MSD MSD Qualifier Limits%Recovery Method: 6010B - Metals (ICP) Client Sample ID: Method BlankLab Sample ID: MB 570-74872/1-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 75138 Prep Batch: 74872 RL Antimony ND 0.746 mg/Kg 06/11/20 17:30 06/12/20 14:35 1 MB MB Analyte Dil FacAnalyzedPreparedDUnitResult Qualifier ND 0.746 mg/Kg 06/11/20 17:30 06/12/20 14:35 1Arsenic ND 0.498 mg/Kg 06/11/20 17:30 06/12/20 14:35 1Barium ND 0.249 mg/Kg 06/11/20 17:30 06/12/20 14:35 1Beryllium ND 0.249 mg/Kg 06/11/20 17:30 06/12/20 14:35 1Cobalt ND 0.249 mg/Kg 06/11/20 17:30 06/12/20 14:35 1Molybdenum ND 0.249 mg/Kg 06/11/20 17:30 06/12/20 14:35 1Nickel ND 0.746 mg/Kg 06/11/20 17:30 06/12/20 14:35 1Selenium ND 0.249 mg/Kg 06/11/20 17:30 06/12/20 14:35 1Silver ND 0.746 mg/Kg 06/11/20 17:30 06/12/20 14:35 1Thallium ND 0.249 mg/Kg 06/11/20 17:30 06/12/20 14:35 1Vanadium ND 0.995 mg/Kg 06/11/20 17:30 06/12/20 14:35 1Zinc ND 0.498 mg/Kg 06/11/20 17:30 06/12/20 14:35 1Cadmium ND 0.498 mg/Kg 06/11/20 17:30 06/12/20 14:35 1Copper ND 0.498 mg/Kg 06/11/20 17:30 06/12/20 14:35 1Lead ND 0.249 mg/Kg 06/11/20 17:30 06/12/20 14:35 1Chromium Client Sample ID: Lab Control SampleLab Sample ID: LCS 570-74872/2-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 75102 Prep Batch: 74872 Antimony 24.4 21.05 mg/Kg 86 80-120 Analyte LCS LCS DUnitResult Qualifier %Rec Spike Added %Rec. Limits Arsenic 24.4 20.29 mg/Kg 83 80-120 Barium 24.4 23.60 mg/Kg 97 80-120 Beryllium 24.4 21.50 mg/Kg 88 80-120 Cobalt 24.4 21.67 mg/Kg 89 80-120 Molybdenum 24.4 21.05 mg/Kg 86 80-120 Nickel 24.4 22.32 mg/Kg 92 80-120 Selenium 24.4 20.81 mg/Kg 85 80-120 Eurofins Calscience LLC Page 24 of 37 6/15/2020 1 2 3 4 5 6 7 8 9 10 11 421 QC Sample Results Job ID: 570-30280-1Client: EnviroApplications, Inc. Project/Site: FELDER Automotive Method: 6010B - Metals (ICP) (Continued) Client Sample ID: Lab Control SampleLab Sample ID: LCS 570-74872/2-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 75102 Prep Batch: 74872 Silver 12.2 11.83 mg/Kg 97 80-120 Analyte LCS LCS DUnitResult Qualifier %Rec Spike Added %Rec. Limits Thallium 24.4 22.28 mg/Kg 91 80-120 Vanadium 24.4 22.46 mg/Kg 92 80-120 Zinc 24.4 21.20 mg/Kg 87 80-120 Cadmium 24.4 20.80 mg/Kg 85 80-120 Copper 24.4 23.37 mg/Kg 96 80-120 Lead 24.4 22.34 mg/Kg 92 80-120 Chromium 24.4 22.27 mg/Kg 91 80-120 Client Sample ID: Lab Control Sample DupLab Sample ID: LCSD 570-74872/3-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 75102 Prep Batch: 74872 Antimony 24.0 20.69 mg/Kg 86 80-120 2 20 Analyte LCSD LCSD DUnitResult Qualifier %Rec Spike Added %Rec. Limits LimitRPD RPD Arsenic 24.0 20.28 mg/Kg 84 80-120 0 20 Barium 24.0 23.47 mg/Kg 98 80-120 1 20 Beryllium 24.0 21.04 mg/Kg 88 80-120 2 20 Cobalt 24.0 21.36 mg/Kg 89 80-120 1 20 Molybdenum 24.0 20.91 mg/Kg 87 80-120 1 20 Nickel 24.0 21.94 mg/Kg 91 80-120 2 20 Selenium 24.0 21.64 mg/Kg 90 80-120 4 20 Silver 12.0 11.96 mg/Kg 100 80-120 1 20 Thallium 24.0 21.71 mg/Kg 90 80-120 3 20 Vanadium 24.0 21.86 mg/Kg 91 80-120 3 20 Zinc 24.0 21.03 mg/Kg 87 80-120 1 20 Cadmium 24.0 20.65 mg/Kg 86 80-120 1 20 Copper 24.0 23.00 mg/Kg 96 80-120 2 20 Lead 24.0 21.78 mg/Kg 91 80-120 3 20 Chromium 24.0 21.67 mg/Kg 90 80-120 3 20 Client Sample ID: Matrix SpikeLab Sample ID: 570-30275-A-1-D MS Matrix: Solid Prep Type: Total/NA Analysis Batch: 75102 Prep Batch: 74872 Antimony ND F1 24.9 9.379 F1 mg/Kg 36 50-115 Analyte MS MS DUnitResult Qualifier %Rec Spike Added Sample Result Sample Qualifier %Rec. Limits Arsenic 8.62 F1 24.9 40.74 F1 mg/Kg 129 75-125 Barium 2240 24.9 1660 4 mg/Kg -2332 75-125 Beryllium 0.475 24.9 25.35 mg/Kg 100 75-125 Cobalt 3.72 24.9 26.38 mg/Kg 91 75-125 Molybdenum 0.942 24.9 24.42 mg/Kg 94 75-125 Nickel 15.1 24.9 36.24 mg/Kg 85 75-125 Selenium ND 24.9 23.62 mg/Kg 95 75-125 Silver ND L 12.4 13.05 mg/Kg 105 75-125 Thallium ND 24.9 21.40 mg/Kg 84 75-125 Vanadium 27.8 24.9 50.05 mg/Kg 90 75-125 Zinc 57.4 F1 24.9 73.61 F1 mg/Kg 65 75-125 Cadmium ND 24.9 22.96 mg/Kg 91 75-125 Eurofins Calscience LLC Page 25 of 37 6/15/2020 1 2 3 4 5 6 7 8 9 10 11 422 QC Sample Results Job ID: 570-30280-1Client: EnviroApplications, Inc. Project/Site: FELDER Automotive Method: 6010B - Metals (ICP) (Continued) Client Sample ID: Matrix SpikeLab Sample ID: 570-30275-A-1-D MS Matrix: Solid Prep Type: Total/NA Analysis Batch: 75102 Prep Batch: 74872 Copper 11.1 24.9 33.28 mg/Kg 89 75-125 Analyte MS MS DUnitResult Qualifier %Rec Spike Added Sample Result Sample Qualifier %Rec. Limits Lead 28.7 F1 24.9 60.03 F1 mg/Kg 126 75-125 Chromium 13.7 24.9 36.87 mg/Kg 93 75-125 Client Sample ID: Matrix Spike DuplicateLab Sample ID: 570-30275-A-1-E MSD Matrix: Solid Prep Type: Total/NA Analysis Batch: 75102 Prep Batch: 74872 Antimony ND F1 24.5 8.408 F1 mg/Kg 33 50-115 11 20 Analyte MSD MSD DUnitResult Qualifier %Rec Spike Added Sample Result Sample Qualifier %Rec. Limits LimitRPD RPD Arsenic 8.62 F1 24.5 38.31 mg/Kg 121 75-125 6 20 Barium 2240 24.5 1655 4 mg/Kg -2388 75-125 0 20 Beryllium 0.475 24.5 25.27 mg/Kg 101 75-125 0 20 Cobalt 3.72 24.5 25.82 mg/Kg 90 75-125 2 20 Molybdenum 0.942 24.5 24.10 mg/Kg 94 75-125 1 20 Nickel 15.1 24.5 35.67 mg/Kg 84 75-125 2 20 Selenium ND 24.5 22.10 mg/Kg 90 75-125 7 20 Silver ND L 12.3 12.87 mg/Kg 105 75-125 1 20 Thallium ND 24.5 21.53 mg/Kg 86 75-125 1 20 Vanadium 27.8 24.5 49.46 mg/Kg 89 75-125 1 20 Zinc 57.4 F1 24.5 72.84 F1 mg/Kg 63 75-125 1 20 Cadmium ND 24.5 22.64 mg/Kg 91 75-125 1 20 Copper 11.1 24.5 32.75 mg/Kg 88 75-125 2 20 Lead 28.7 F1 24.5 59.70 F1 mg/Kg 127 75-125 1 20 Chromium 13.7 24.5 36.34 mg/Kg 92 75-125 1 20 Client Sample ID: Method BlankLab Sample ID: LB 570-74373/1-B Matrix: Solid Prep Type: TCLP Analysis Batch: 74864 Prep Batch: 74805 RL Cadmium ND 0.100 mg/L 06/11/20 14:00 06/12/20 01:29 1 LB LB Analyte Dil FacAnalyzedPreparedDUnitResult Qualifier ND 0.500 mg/L 06/11/20 14:00 06/12/20 01:29 1Copper ND 0.500 mg/L 06/11/20 14:00 06/12/20 01:29 1Lead ND 0.500 mg/L 06/11/20 14:00 06/12/20 01:29 1Chromium Client Sample ID: Lab Control SampleLab Sample ID: LCS 570-74373/2-B Matrix: Solid Prep Type: TCLP Analysis Batch: 74864 Prep Batch: 74805 Cadmium 5.00 4.781 mg/L 96 80-120 Analyte LCS LCS DUnitResult Qualifier %Rec Spike Added %Rec. Limits Copper 5.00 5.176 mg/L 104 80-120 Lead 5.00 4.758 mg/L 95 80-120 Chromium 5.00 4.825 mg/L 97 80-120 Eurofins Calscience LLC Page 26 of 37 6/15/2020 1 2 3 4 5 6 7 8 9 10 11 423 QC Sample Results Job ID: 570-30280-1Client: EnviroApplications, Inc. Project/Site: FELDER Automotive Method: 6010B - Metals (ICP) (Continued) Client Sample ID: Lab Control Sample DupLab Sample ID: LCSD 570-74373/3-B Matrix: Solid Prep Type: TCLP Analysis Batch: 74864 Prep Batch: 74805 Cadmium 5.00 4.719 mg/L 94 80-120 1 20 Analyte LCSD LCSD DUnitResult Qualifier %Rec Spike Added %Rec. Limits LimitRPD RPD Copper 5.00 5.113 mg/L 102 80-120 1 20 Lead 5.00 4.655 mg/L 93 80-120 2 20 Chromium 5.00 4.810 mg/L 96 80-120 0 20 Client Sample ID: Matrix SpikeLab Sample ID: 720-98793-B-1-E MS Matrix: Solid Prep Type: TCLP Analysis Batch: 74864 Prep Batch: 74805 Cadmium ND 5.00 4.751 mg/L 95 82-124 Analyte MS MS DUnitResult Qualifier %Rec Spike Added Sample Result Sample Qualifier %Rec. Limits Copper 72.8 5.00 72.70 4 mg/L -2 78-126 Lead 3.50 5.00 8.000 mg/L 90 84-120 Chromium ND 5.00 4.972 mg/L 99 86-122 Client Sample ID: Matrix Spike DuplicateLab Sample ID: 720-98793-B-1-F MSD Matrix: Solid Prep Type: TCLP Analysis Batch: 74864 Prep Batch: 74805 Cadmium ND 5.00 4.829 mg/L 97 82-124 2 7 Analyte MSD MSD DUnitResult Qualifier %Rec Spike Added Sample Result Sample Qualifier %Rec. Limits LimitRPD RPD Copper 72.8 5.00 73.72 4 mg/L 19 78-126 1 7 Lead 3.50 5.00 8.157 mg/L 93 84-120 2 7 Chromium ND 5.00 5.017 mg/L 100 86-122 1 8 Client Sample ID: Method BlankLab Sample ID: LB4 570-74374/1-B Matrix: Solid Prep Type: STLC Citrate Analysis Batch: 75146 Prep Batch: 75099 RL Cadmium ND 0.100 mg/L 06/12/20 13:45 06/12/20 15:31 1 LB4 LB4 Analyte Dil FacAnalyzedPreparedDUnitResult Qualifier ND 0.500 mg/L 06/12/20 13:45 06/12/20 15:31 1Copper ND 0.500 mg/L 06/12/20 13:45 06/12/20 15:31 1Lead ND 0.500 mg/L 06/12/20 13:45 06/12/20 15:31 1Chromium Client Sample ID: Lab Control SampleLab Sample ID: LCS 570-74374/2-B Matrix: Solid Prep Type: STLC Citrate Analysis Batch: 75146 Prep Batch: 75099 Cadmium 5.00 5.040 mg/L 101 80-120 Analyte LCS LCS DUnitResult Qualifier %Rec Spike Added %Rec. Limits Copper 5.00 5.618 mg/L 112 80-120 Lead 5.00 4.924 mg/L 98 80-120 Chromium 5.00 5.191 mg/L 104 80-120 Eurofins Calscience LLC Page 27 of 37 6/15/2020 1 2 3 4 5 6 7 8 9 10 11 424 QC Sample Results Job ID: 570-30280-1Client: EnviroApplications, Inc. Project/Site: FELDER Automotive Method: 6010B - Metals (ICP) (Continued) Client Sample ID: Lab Control Sample DupLab Sample ID: LCSD 570-74374/3-B Matrix: Solid Prep Type: STLC Citrate Analysis Batch: 75146 Prep Batch: 75099 Cadmium 5.00 4.690 mg/L 94 80-120 7 20 Analyte LCSD LCSD DUnitResult Qualifier %Rec Spike Added %Rec. Limits LimitRPD RPD Copper 5.00 5.435 mg/L 109 80-120 3 20 Lead 5.00 4.667 mg/L 93 80-120 5 20 Chromium 5.00 4.947 mg/L 99 80-120 5 20 Client Sample ID: Matrix SpikeLab Sample ID: 570-30284-A-1-F MS Matrix: Solid Prep Type: STLC Citrate Analysis Batch: 75146 Prep Batch: 75099 Cadmium ND 5.00 4.640 mg/L 92 82-124 Analyte MS MS DUnitResult Qualifier %Rec Spike Added Sample Result Sample Qualifier %Rec. Limits Copper ND 5.00 5.124 mg/L 102 78-126 Lead ND 5.00 4.682 mg/L 94 84-120 Chromium ND 5.00 5.167 mg/L 95 86-122 Client Sample ID: Matrix Spike DuplicateLab Sample ID: 570-30284-A-1-G MSD Matrix: Solid Prep Type: STLC Citrate Analysis Batch: 75146 Prep Batch: 75099 Cadmium ND 5.00 4.606 mg/L 92 82-124 1 7 Analyte MSD MSD DUnitResult Qualifier %Rec Spike Added Sample Result Sample Qualifier %Rec. Limits LimitRPD RPD Copper ND 5.00 5.145 mg/L 103 78-126 0 7 Lead ND 5.00 4.624 mg/L 92 84-120 1 7 Chromium ND 5.00 5.156 mg/L 94 86-122 0 8 Method: 7471A - Mercury (CVAA) Client Sample ID: Method BlankLab Sample ID: MB 570-74866/1-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 75047 Prep Batch: 74866 RL Mercury ND 0.0806 mg/Kg 06/11/20 17:00 06/12/20 10:31 1 MB MB Analyte Dil FacAnalyzedPreparedDUnitResult Qualifier Client Sample ID: Lab Control SampleLab Sample ID: LCS 570-74866/2-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 75047 Prep Batch: 74866 Mercury 0.820 0.8104 mg/Kg 99 85-121 Analyte LCS LCS DUnitResult Qualifier %Rec Spike Added %Rec. Limits Client Sample ID: Lab Control Sample DupLab Sample ID: LCSD 570-74866/3-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 75047 Prep Batch: 74866 Mercury 0.806 0.7923 mg/Kg 98 85-121 2 10 Analyte LCSD LCSD DUnitResult Qualifier %Rec Spike Added %Rec. Limits LimitRPD RPD Eurofins Calscience LLC Page 28 of 37 6/15/2020 1 2 3 4 5 6 7 8 9 10 11 425 QC Sample Results Job ID: 570-30280-1Client: EnviroApplications, Inc. Project/Site: FELDER Automotive Method: 7471A - Mercury (CVAA) (Continued) Client Sample ID: Matrix SpikeLab Sample ID: 570-30620-A-1-E MS Matrix: Solid Prep Type: Total/NA Analysis Batch: 75047 Prep Batch: 74866 Mercury ND 0.794 0.7399 mg/Kg 89 71-137 Analyte MS MS DUnitResult Qualifier %Rec Spike Added Sample Result Sample Qualifier %Rec. Limits Client Sample ID: Matrix Spike DuplicateLab Sample ID: 570-30620-A-1-F MSD Matrix: Solid Prep Type: Total/NA Analysis Batch: 75047 Prep Batch: 74866 Mercury ND 0.820 0.7532 mg/Kg 88 71-137 2 14 Analyte MSD MSD DUnitResult Qualifier %Rec Spike Added Sample Result Sample Qualifier %Rec. Limits LimitRPD RPD Eurofins Calscience LLC Page 29 of 37 6/15/2020 1 2 3 4 5 6 7 8 9 10 11 426 QC Association Summary Job ID: 570-30280-1Client: EnviroApplications, Inc. Project/Site: FELDER Automotive GC/MS VOA Analysis Batch: 74143 Lab Sample ID Client Sample ID Prep Type Matrix Method Prep Batch Solid 8260B 74153570-30280-1 PTT 2 DRYWELL 25'Total/NA Solid 8260B 74153570-30280-2 PTT 2 BTM 8'Total/NA Solid 8260B 74153570-30280-6 PTT 2 ESW Total/NA Solid 8260B 74153570-30280-7 PTT 2 6'Total/NA Solid 8260B 74153MB 570-74153/3-A Method Blank Total/NA Solid 8260B 74153LCS 570-74153/1-A Lab Control Sample Total/NA Solid 8260B 74153LCSD 570-74153/2-A Lab Control Sample Dup Total/NA Solid 8260B 74153570-30279-B-1-B MS Matrix Spike Total/NA Solid 8260B 74153570-30279-B-1-C MSD Matrix Spike Duplicate Total/NA Prep Batch: 74153 Lab Sample ID Client Sample ID Prep Type Matrix Method Prep Batch Solid 5030C570-30280-1 PTT 2 DRYWELL 25'Total/NA Solid 5030C570-30280-2 PTT 2 BTM 8'Total/NA Solid 5030C570-30280-6 PTT 2 ESW Total/NA Solid 5030C570-30280-7 PTT 2 6'Total/NA Solid 5030CMB 570-74153/3-A Method Blank Total/NA Solid 5030CLCS 570-74153/1-A Lab Control Sample Total/NA Solid 5030CLCSD 570-74153/2-A Lab Control Sample Dup Total/NA Solid 5030C570-30279-B-1-B MS Matrix Spike Total/NA Solid 5030C570-30279-B-1-C MSD Matrix Spike Duplicate Total/NA GC Semi VOA Prep Batch: 74626 Lab Sample ID Client Sample ID Prep Type Matrix Method Prep Batch Solid 3550C570-30280-1 PTT 2 DRYWELL 25'Total/NA Solid 3550C570-30280-2 PTT 2 BTM 8'Total/NA Solid 3550C570-30280-6 PTT 2 ESW Total/NA Solid 3550C570-30280-7 PTT 2 6'Total/NA Solid 3550CMB 570-74626/1-A Method Blank Total/NA Solid 3550CLCS 570-74626/2-A Lab Control Sample Total/NA Solid 3550CLCSD 570-74626/3-A Lab Control Sample Dup Total/NA Solid 3550C720-98809-A-5-A MS Matrix Spike Total/NA Solid 3550C720-98809-A-5-B MSD Matrix Spike Duplicate Total/NA Analysis Batch: 74722 Lab Sample ID Client Sample ID Prep Type Matrix Method Prep Batch Solid 8015B 74626570-30280-1 PTT 2 DRYWELL 25'Total/NA Solid 8015B 74626570-30280-2 PTT 2 BTM 8'Total/NA Solid 8015B 74626570-30280-6 PTT 2 ESW Total/NA Solid 8015B 74626MB 570-74626/1-A Method Blank Total/NA Solid 8015B 74626LCS 570-74626/2-A Lab Control Sample Total/NA Solid 8015B 74626LCSD 570-74626/3-A Lab Control Sample Dup Total/NA Solid 8015B 74626720-98809-A-5-A MS Matrix Spike Total/NA Solid 8015B 74626720-98809-A-5-B MSD Matrix Spike Duplicate Total/NA Analysis Batch: 75022 Lab Sample ID Client Sample ID Prep Type Matrix Method Prep Batch Solid 8015B 74626570-30280-7 PTT 2 6'Total/NA Eurofins Calscience LLC Page 30 of 37 6/15/2020 1 2 3 4 5 6 7 8 9 10 11 427 QC Association Summary Job ID: 570-30280-1Client: EnviroApplications, Inc. Project/Site: FELDER Automotive Metals Leach Batch: 74373 Lab Sample ID Client Sample ID Prep Type Matrix Method Prep Batch Solid 1311570-30280-3 PTT 2 SP-A TCLP Solid 1311570-30280-4 PTT 2 SP-B TCLP Solid 1311570-30280-5 PTT 2 DRYWELL TCLP Solid 1311LB 570-74373/1-B Method Blank TCLP Solid 1311LCS 570-74373/2-B Lab Control Sample TCLP Solid 1311LCSD 570-74373/3-B Lab Control Sample Dup TCLP Solid 1311720-98793-B-1-E MS Matrix Spike TCLP Solid 1311720-98793-B-1-F MSD Matrix Spike Duplicate TCLP Leach Batch: 74374 Lab Sample ID Client Sample ID Prep Type Matrix Method Prep Batch Solid CA WET Citrate570-30280-3 PTT 2 SP-A STLC Citrate Solid CA WET Citrate570-30280-4 PTT 2 SP-B STLC Citrate Solid CA WET Citrate570-30280-5 PTT 2 DRYWELL STLC Citrate Solid CA WET CitrateLB4 570-74374/1-B Method Blank STLC Citrate Solid CA WET CitrateLCS 570-74374/2-B Lab Control Sample STLC Citrate Solid CA WET CitrateLCSD 570-74374/3-B Lab Control Sample Dup STLC Citrate Solid CA WET Citrate570-30284-A-1-F MS Matrix Spike STLC Citrate Solid CA WET Citrate570-30284-A-1-G MSD Matrix Spike Duplicate STLC Citrate Prep Batch: 74805 Lab Sample ID Client Sample ID Prep Type Matrix Method Prep Batch Solid 3010A 74373570-30280-3 PTT 2 SP-A TCLP Solid 3010A 74373570-30280-4 PTT 2 SP-B TCLP Solid 3010A 74373570-30280-5 PTT 2 DRYWELL TCLP Solid 3010A 74373LB 570-74373/1-B Method Blank TCLP Solid 3010A 74373LCS 570-74373/2-B Lab Control Sample TCLP Solid 3010A 74373LCSD 570-74373/3-B Lab Control Sample Dup TCLP Solid 3010A 74373720-98793-B-1-E MS Matrix Spike TCLP Solid 3010A 74373720-98793-B-1-F MSD Matrix Spike Duplicate TCLP Analysis Batch: 74864 Lab Sample ID Client Sample ID Prep Type Matrix Method Prep Batch Solid 6010B 74805570-30280-3 PTT 2 SP-A TCLP Solid 6010B 74805570-30280-4 PTT 2 SP-B TCLP Solid 6010B 74805570-30280-5 PTT 2 DRYWELL TCLP Solid 6010B 74805LB 570-74373/1-B Method Blank TCLP Solid 6010B 74805LCS 570-74373/2-B Lab Control Sample TCLP Solid 6010B 74805LCSD 570-74373/3-B Lab Control Sample Dup TCLP Solid 6010B 74805720-98793-B-1-E MS Matrix Spike TCLP Solid 6010B 74805720-98793-B-1-F MSD Matrix Spike Duplicate TCLP Prep Batch: 74866 Lab Sample ID Client Sample ID Prep Type Matrix Method Prep Batch Solid 7471A570-30280-1 PTT 2 DRYWELL 25'Total/NA Solid 7471A570-30280-2 PTT 2 BTM 8'Total/NA Solid 7471A570-30280-6 PTT 2 ESW Total/NA Solid 7471A570-30280-7 PTT 2 6'Total/NA Solid 7471AMB 570-74866/1-A Method Blank Total/NA Solid 7471ALCS 570-74866/2-A Lab Control Sample Total/NA Solid 7471ALCSD 570-74866/3-A Lab Control Sample Dup Total/NA Eurofins Calscience LLC Page 31 of 37 6/15/2020 1 2 3 4 5 6 7 8 9 10 11 428 QC Association Summary Job ID: 570-30280-1Client: EnviroApplications, Inc. Project/Site: FELDER Automotive Metals (Continued) Prep Batch: 74866 (Continued) Lab Sample ID Client Sample ID Prep Type Matrix Method Prep Batch Solid 7471A570-30620-A-1-E MS Matrix Spike Total/NA Solid 7471A570-30620-A-1-F MSD Matrix Spike Duplicate Total/NA Prep Batch: 74872 Lab Sample ID Client Sample ID Prep Type Matrix Method Prep Batch Solid 3050B570-30280-1 PTT 2 DRYWELL 25'Total/NA Solid 3050B570-30280-2 PTT 2 BTM 8'Total/NA Solid 3050B570-30280-6 PTT 2 ESW Total/NA Solid 3050B570-30280-7 PTT 2 6'Total/NA Solid 3050BMB 570-74872/1-A Method Blank Total/NA Solid 3050BLCS 570-74872/2-A Lab Control Sample Total/NA Solid 3050BLCSD 570-74872/3-A Lab Control Sample Dup Total/NA Solid 3050B570-30275-A-1-D MS Matrix Spike Total/NA Solid 3050B570-30275-A-1-E MSD Matrix Spike Duplicate Total/NA Analysis Batch: 75047 Lab Sample ID Client Sample ID Prep Type Matrix Method Prep Batch Solid 7471A 74866570-30280-1 PTT 2 DRYWELL 25'Total/NA Solid 7471A 74866570-30280-2 PTT 2 BTM 8'Total/NA Solid 7471A 74866570-30280-6 PTT 2 ESW Total/NA Solid 7471A 74866570-30280-7 PTT 2 6'Total/NA Solid 7471A 74866MB 570-74866/1-A Method Blank Total/NA Solid 7471A 74866LCS 570-74866/2-A Lab Control Sample Total/NA Solid 7471A 74866LCSD 570-74866/3-A Lab Control Sample Dup Total/NA Solid 7471A 74866570-30620-A-1-E MS Matrix Spike Total/NA Solid 7471A 74866570-30620-A-1-F MSD Matrix Spike Duplicate Total/NA Prep Batch: 75099 Lab Sample ID Client Sample ID Prep Type Matrix Method Prep Batch Solid Dilution 74374570-30280-3 PTT 2 SP-A STLC Citrate Solid Dilution 74374570-30280-4 PTT 2 SP-B STLC Citrate Solid Dilution 74374570-30280-5 PTT 2 DRYWELL STLC Citrate Solid Dilution 74374LB4 570-74374/1-B Method Blank STLC Citrate Solid Dilution 74374LCS 570-74374/2-B Lab Control Sample STLC Citrate Solid Dilution 74374LCSD 570-74374/3-B Lab Control Sample Dup STLC Citrate Solid Dilution 74374570-30284-A-1-F MS Matrix Spike STLC Citrate Solid Dilution 74374570-30284-A-1-G MSD Matrix Spike Duplicate STLC Citrate Analysis Batch: 75102 Lab Sample ID Client Sample ID Prep Type Matrix Method Prep Batch Solid 6010B 74872LCS 570-74872/2-A Lab Control Sample Total/NA Solid 6010B 74872LCSD 570-74872/3-A Lab Control Sample Dup Total/NA Solid 6010B 74872570-30275-A-1-D MS Matrix Spike Total/NA Solid 6010B 74872570-30275-A-1-E MSD Matrix Spike Duplicate Total/NA Analysis Batch: 75138 Lab Sample ID Client Sample ID Prep Type Matrix Method Prep Batch Solid 6010B 74872570-30280-1 PTT 2 DRYWELL 25'Total/NA Solid 6010B 74872570-30280-2 PTT 2 BTM 8'Total/NA Solid 6010B 74872570-30280-6 PTT 2 ESW Total/NA Solid 6010B 74872570-30280-7 PTT 2 6'Total/NA Eurofins Calscience LLC Page 32 of 37 6/15/2020 1 2 3 4 5 6 7 8 9 10 11 429 QC Association Summary Job ID: 570-30280-1Client: EnviroApplications, Inc. Project/Site: FELDER Automotive Metals (Continued) Analysis Batch: 75138 (Continued) Lab Sample ID Client Sample ID Prep Type Matrix Method Prep Batch Solid 6010B 74872MB 570-74872/1-A Method Blank Total/NA Analysis Batch: 75146 Lab Sample ID Client Sample ID Prep Type Matrix Method Prep Batch Solid 6010B 75099570-30280-3 PTT 2 SP-A STLC Citrate Solid 6010B 75099570-30280-4 PTT 2 SP-B STLC Citrate Solid 6010B 75099570-30280-5 PTT 2 DRYWELL STLC Citrate Solid 6010B 75099LB4 570-74374/1-B Method Blank STLC Citrate Solid 6010B 75099LCS 570-74374/2-B Lab Control Sample STLC Citrate Solid 6010B 75099LCSD 570-74374/3-B Lab Control Sample Dup STLC Citrate Solid 6010B 75099570-30284-A-1-F MS Matrix Spike STLC Citrate Solid 6010B 75099570-30284-A-1-G MSD Matrix Spike Duplicate STLC Citrate Eurofins Calscience LLC Page 33 of 37 6/15/2020 1 2 3 4 5 6 7 8 9 10 11 430 Method Summary Job ID: 570-30280-1Client: EnviroApplications, Inc. Project/Site: FELDER Automotive Method Method Description LaboratoryProtocol SW8468260BVolatile Organic Compounds (GC/MS)ECL 2 SW8468015BDiesel Range Organics (DRO) (GC)ECL 1 SW8466010BMetals (ICP)ECL 1 SW8467471AMercury (CVAA)ECL 1 SW8461311TCLP Extraction ECL 3 SW8463010APreparation, Total Metals ECL 1 SW8463050BPreparation, Metals ECL 1 SW8463550CUltrasonic Extraction ECL 1 SW8465030CPurge and Trap ECL 2 SW8467471APreparation, Mercury ECL 1 CA-WETCA WET Citrate California - Waste Extraction Test with Citrate Leach ECL 3 NoneDilutionPreparation / Dilution Process ECL 1 Protocol References: CA-WET = California Waste Extraction Test, from Title 22 None = None SW846 = "Test Methods For Evaluating Solid Waste, Physical/Chemical Methods", Third Edition, November 1986 And Its Updates. Laboratory References: ECL 1 = Eurofins Calscience LLC Lincoln, 7440 Lincoln Way, Garden Grove, CA 92841, TEL (714)895-5494 ECL 2 = Eurofins Calscience LLC Lampson, 7445 Lampson Ave, Garden Grove, CA 92841, TEL (714)895-5494 ECL 3 = Eurofins Calscience LLC Knott, 11380 Knott Street, Garden Grove, CA 92841, TEL (714)895-5494 Eurofins Calscience LLC Page 34 of 37 6/15/2020 1 2 3 4 5 6 7 8 9 10 11 431 Definitions/Glossary Job ID: 570-30280-1Client: EnviroApplications, Inc. Project/Site: FELDER Automotive Qualifiers GC/MS VOA Qualifier Description F1 MS and/or MSD recovery exceeds control limits. Qualifier F2 MS/MSD RPD exceeds control limits Metals Qualifier Description 4 MS, MSD: The analyte present in the original sample is greater than 4 times the matrix spike concentration; therefore, control limits are not applicable. Qualifier F1 MS and/or MSD recovery exceeds control limits. L A negative instrument reading had an absolute value greater than the reporting limit Glossary These commonly used abbreviations may or may not be present in this report. ¤Listed under the "D" column to designate that the result is reported on a dry weight basis Abbreviation %R Percent Recovery CFL Contains Free Liquid CNF Contains No Free Liquid DER Duplicate Error Ratio (normalized absolute difference) Dil Fac Dilution Factor DL Detection Limit (DoD/DOE) DL, RA, RE, IN Indicates a Dilution, Re-analysis, Re-extraction, or additional Initial metals/anion analysis of the sample DLC Decision Level Concentration (Radiochemistry) EDL Estimated Detection Limit (Dioxin) LOD Limit of Detection (DoD/DOE) LOQ Limit of Quantitation (DoD/DOE) MDA Minimum Detectable Activity (Radiochemistry) MDC Minimum Detectable Concentration (Radiochemistry) MDL Method Detection Limit ML Minimum Level (Dioxin) MQL Method Quantitation Limit NC Not Calculated ND Not Detected at the reporting limit (or MDL or EDL if shown) PQL Practical Quantitation Limit QC Quality Control RER Relative Error Ratio (Radiochemistry) RL Reporting Limit or Requested Limit (Radiochemistry) RPD Relative Percent Difference, a measure of the relative difference between two points TEF Toxicity Equivalent Factor (Dioxin) TEQ Toxicity Equivalent Quotient (Dioxin) Eurofins Calscience LLC Page 35 of 37 6/15/2020 1 2 3 4 5 6 7 8 9 10 11 432 Page 36 of 37 6/15/2020 1 2 3 4 5 6 7 8 9 10 11 433 Login Sample Receipt Checklist Client: EnviroApplications, Inc.Job Number: 570-30280-1 Login Number: 30280 Question Answer Comment Creator: Soriano, Precy List Source: Eurofins Calscience List Number: 1 N/ARadioactivity wasn't checked or is </= background as measured by a survey meter. TrueThe cooler's custody seal, if present, is intact. TrueSample custody seals, if present, are intact. TrueThe cooler or samples do not appear to have been compromised or tampered with. TrueSamples were received on ice. TrueCooler Temperature is acceptable. TrueCooler Temperature is recorded. TrueCOC is present. TrueCOC is filled out in ink and legible. TrueCOC is filled out with all pertinent information. TrueIs the Field Sampler's name present on COC? TrueThere are no discrepancies between the containers received and the COC. TrueSamples are received within Holding Time (excluding tests with immediate HTs) TrueSample containers have legible labels. TrueContainers are not broken or leaking. TrueSample collection date/times are provided. TrueAppropriate sample containers are used. TrueSample bottles are completely filled. TrueSample Preservation Verified. TrueThere is sufficient vol. for all requested analyses, incl. any requested MS/MSDs TrueContainers requiring zero headspace have no headspace or bubble is <6mm (1/4"). TrueMultiphasic samples are not present. TrueSamples do not require splitting or compositing. N/AResidual Chlorine Checked. Eurofins Calscience Page 37 of 37 6/15/2020 1 2 3 4 5 6 7 8 9 10 11 434 ANALYTICAL REPORT Eurofins Calscience LLC 7440 Lincoln Way Garden Grove, CA 92841 Tel: (714)895-5494 Laboratory Job ID: 570-31513-1 Client Project/Site: Felder Automotive For: EnviroApplications, Inc. 2831 Camino Del Rio South Suite 214 San Diego, California 92108 Attn: Bernard Sentianin Authorized for release by: 6/24/2020 6:24:08 PM Sandy Tat, Project Manager I (714)895-5494 sandytat@eurofinsus.com The test results in this report meet all 2003 NELAC, 2009 TNI, and 2016 TNI requirements for accredited parameters, exceptions are noted in this report. This report may not be reproduced except in full, and with written approval from the laboratory. For questions please contact the Project Manager at the e-mail address or telephone number listed on this page. This report has been electronically signed and authorized by the signatory. Electronic signature is intended to be the legally binding equivalent of a traditionally handwritten signature. Results relate only to the items tested and the sample(s) as received by the laboratory. 1 2 3 4 5 6 7 8 9 10 11 435 Table of Contents Client: EnviroApplications, Inc. Project/Site: Felder Automotive Laboratory Job ID: 570-31513-1 Page 2 of 29 Eurofins Calscience LLC6/24/2020 Cover Page . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1 Table of Contents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 Case Narrative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 Sample Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 Client Sample Results . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 QC Sample Results . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 QC Association Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 Method Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26 Definitions/Glossary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 Chain of Custody . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 Receipt Checklists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 1 2 3 4 5 6 7 8 9 10 11 436 Case Narrative Client: EnviroApplications, Inc.Job ID: 570-31513-1 Project/Site: Felder Automotive Job ID: 570-31513-1 Laboratory: Eurofins Calscience LLC Narrative Job Narrative 570-31513-1 Comments No additional comments. Receipt The samples were received on 6/22/2020 10:56 AM; the samples arrived in good condition, and where required, properly preserved and on ice. The temperature of the cooler at receipt was 4.3º C. GC/MS VOA No analytical or quality issues were noted, other than those described in the Definitions/Glossary page. GC Semi VOA Method 8015B: The total concentration includes individual carbon range concentrations (estimated), if any, below the RL reported as ND. No analytical or quality issues were noted, other than those described in the Definitions/Glossary page. Metals Method 6010B: The matrix spike / matrix spike duplicate (MS/MSD) recoveries for preparation batch 570-77245 and analytical batch 570-77427 were outside control limits. Sample matrix interference and/or non-homogeneity are suspected because the associated laboratory control sample (LCS) recovery was within acceptance limits. No additional analytical or quality issues were noted, other than those described above or in the Definitions/Glossary page. Organic Prep No analytical or quality issues were noted, other than those described in the Definitions/Glossary page. VOA Prep No analytical or quality issues were noted, other than those described in the Definitions/Glossary page. Eurofins Calscience LLCPage 3 of 29 6/24/2020 1 2 3 4 5 6 7 8 9 10 11 437 Sample Summary Job ID: 570-31513-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Lab Sample ID Client Sample ID ReceivedCollectedMatrix Asset ID 570-31513-1 PIT 2 BTM 10'Solid 06/22/20 09:35 06/22/20 10:56 570-31513-2 PIT 2 BTM 12'Solid 06/22/20 09:43 06/22/20 10:56 570-31513-3 DRYWELL 29'Solid 06/22/20 09:50 06/22/20 10:56 Eurofins Calscience LLC Page 4 of 29 6/24/2020 1 2 3 4 5 6 7 8 9 10 11 438 Client Sample Results Job ID: 570-31513-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Method: 8260B - Volatile Organic Compounds (GC/MS) Lab Sample ID: 570-31513-1Client Sample ID: PIT 2 BTM 10' Matrix: SolidDate Collected: 06/22/20 09:35 Date Received: 06/22/20 10:56 RL Acetone ND 49 ug/Kg 06/22/20 16:20 06/23/20 00:11 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 4.9 ug/Kg 06/22/20 16:20 06/23/20 00:11 1BenzeneND 4.9 ug/Kg 06/22/20 16:20 06/23/20 00:11 1BromobenzeneND 4.9 ug/Kg 06/22/20 16:20 06/23/20 00:11 1BromochloromethaneND 4.9 ug/Kg 06/22/20 16:20 06/23/20 00:11 1BromodichloromethaneND 4.9 ug/Kg 06/22/20 16:20 06/23/20 00:11 1BromoformND 24 ug/Kg 06/22/20 16:20 06/23/20 00:11 1BromomethaneND 49 ug/Kg 06/22/20 16:20 06/23/20 00:11 12-Butanone ND 49 ug/Kg 06/22/20 16:20 06/23/20 00:11 1Carbon disulfide ND 4.9 ug/Kg 06/22/20 16:20 06/23/20 00:11 1Carbon tetrachloride ND 4.9 ug/Kg 06/22/20 16:20 06/23/20 00:11 1ChlorobenzeneND 4.9 ug/Kg 06/22/20 16:20 06/23/20 00:11 1ChloroethaneND 4.9 ug/Kg 06/22/20 16:20 06/23/20 00:11 1ChloroformND 24 ug/Kg 06/22/20 16:20 06/23/20 00:11 1ChloromethaneND 4.9 ug/Kg 06/22/20 16:20 06/23/20 00:11 12-Chlorotoluene ND 4.9 ug/Kg 06/22/20 16:20 06/23/20 00:11 14-Chlorotoluene ND 4.9 ug/Kg 06/22/20 16:20 06/23/20 00:11 1cis-1,2-Dichloroethene ND 4.9 ug/Kg 06/22/20 16:20 06/23/20 00:11 1cis-1,3-Dichloropropene ND 4.9 ug/Kg 06/22/20 16:20 06/23/20 00:11 1DibromochloromethaneND 9.8 ug/Kg 06/22/20 16:20 06/23/20 00:11 11,2-Dibromo-3-Chloropropane ND 4.9 ug/Kg 06/22/20 16:20 06/23/20 00:11 11,2-Dibromoethane ND 4.9 ug/Kg 06/22/20 16:20 06/23/20 00:11 1DibromomethaneND 4.9 ug/Kg 06/22/20 16:20 06/23/20 00:11 11,2-Dichlorobenzene ND 4.9 ug/Kg 06/22/20 16:20 06/23/20 00:11 11,3-Dichlorobenzene ND 4.9 ug/Kg 06/22/20 16:20 06/23/20 00:11 11,4-Dichlorobenzene ND 4.9 ug/Kg 06/22/20 16:20 06/23/20 00:11 1DichlorodifluoromethaneND 4.9 ug/Kg 06/22/20 16:20 06/23/20 00:11 11,1-Dichloroethane ND 4.9 ug/Kg 06/22/20 16:20 06/23/20 00:11 11,2-Dichloroethane ND 4.9 ug/Kg 06/22/20 16:20 06/23/20 00:11 11,1-Dichloroethene ND 4.9 ug/Kg 06/22/20 16:20 06/23/20 00:11 11,2-Dichloropropane ND 4.9 ug/Kg 06/22/20 16:20 06/23/20 00:11 11,3-Dichloropropane ND 4.9 ug/Kg 06/22/20 16:20 06/23/20 00:11 12,2-Dichloropropane ND 4.9 ug/Kg 06/22/20 16:20 06/23/20 00:11 11,1-Dichloropropene ND 9.8 ug/Kg 06/22/20 16:20 06/23/20 00:11 1Di-isopropyl ether (DIPE)ND 240 ug/Kg 06/22/20 16:20 06/23/20 00:11 1EthanolND 4.9 ug/Kg 06/22/20 16:20 06/23/20 00:11 1EthylbenzeneND 9.8 ug/Kg 06/22/20 16:20 06/23/20 00:11 1Ethyl-t-butyl ether (ETBE)ND 49 ug/Kg 06/22/20 16:20 06/23/20 00:11 12-Hexanone ND 4.9 ug/Kg 06/22/20 16:20 06/23/20 00:11 1IsopropylbenzeneND 49 ug/Kg 06/22/20 16:20 06/23/20 00:11 1Methylene Chloride ND 49 ug/Kg 06/22/20 16:20 06/23/20 00:11 14-Methyl-2-pentanone ND 4.9 ug/Kg 06/22/20 16:20 06/23/20 00:11 1Methyl-t-Butyl Ether (MTBE)ND 4.9 ug/Kg 06/22/20 16:20 06/23/20 00:11 1m,p-Xylene ND 49 ug/Kg 06/22/20 16:20 06/23/20 00:11 1NaphthaleneND 4.9 ug/Kg 06/22/20 16:20 06/23/20 00:11 1n-Butylbenzene ND 4.9 ug/Kg 06/22/20 16:20 06/23/20 00:11 1N-Propylbenzene ND 4.9 ug/Kg 06/22/20 16:20 06/23/20 00:11 1o-Xylene ND 4.9 ug/Kg 06/22/20 16:20 06/23/20 00:11 1p-Isopropyltoluene ND 4.9 ug/Kg 06/22/20 16:20 06/23/20 00:11 1sec-Butylbenzene ND Eurofins Calscience LLC Page 5 of 29 6/24/2020 1 2 3 4 5 6 7 8 9 10 11 439 Client Sample Results Job ID: 570-31513-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Method: 8260B - Volatile Organic Compounds (GC/MS) (Continued) Lab Sample ID: 570-31513-1Client Sample ID: PIT 2 BTM 10' Matrix: SolidDate Collected: 06/22/20 09:35 Date Received: 06/22/20 10:56 RL Styrene ND 4.9 ug/Kg 06/22/20 16:20 06/23/20 00:11 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 9.8 ug/Kg 06/22/20 16:20 06/23/20 00:11 1Tert-amyl-methyl ether (TAME)ND 49 ug/Kg 06/22/20 16:20 06/23/20 00:11 1tert-Butyl alcohol (TBA)ND 4.9 ug/Kg 06/22/20 16:20 06/23/20 00:11 1tert-Butylbenzene ND 4.9 ug/Kg 06/22/20 16:20 06/23/20 00:11 11,1,1,2-Tetrachloroethane ND 4.9 ug/Kg 06/22/20 16:20 06/23/20 00:11 11,1,2,2-Tetrachloroethane ND 4.9 ug/Kg 06/22/20 16:20 06/23/20 00:11 1Tetrachloroethene5.7 4.9 ug/Kg 06/22/20 16:20 06/23/20 00:11 1TolueneND 4.9 ug/Kg 06/22/20 16:20 06/23/20 00:11 1trans-1,2-Dichloroethene ND 4.9 ug/Kg 06/22/20 16:20 06/23/20 00:11 1trans-1,3-Dichloropropene ND 9.8 ug/Kg 06/22/20 16:20 06/23/20 00:11 11,2,3-Trichlorobenzene ND 4.9 ug/Kg 06/22/20 16:20 06/23/20 00:11 11,2,4-Trichlorobenzene ND 4.9 ug/Kg 06/22/20 16:20 06/23/20 00:11 11,1,1-Trichloroethane ND 4.9 ug/Kg 06/22/20 16:20 06/23/20 00:11 11,1,2-Trichloroethane ND 4.9 ug/Kg 06/22/20 16:20 06/23/20 00:11 1TrichloroetheneND 49 ug/Kg 06/22/20 16:20 06/23/20 00:11 1TrichlorofluoromethaneND 4.9 ug/Kg 06/22/20 16:20 06/23/20 00:11 11,2,3-Trichloropropane ND 49 ug/Kg 06/22/20 16:20 06/23/20 00:11 11,1,2-Trichloro-1,2,2-trifluoroethane ND 4.9 ug/Kg 06/22/20 16:20 06/23/20 00:11 11,2,4-Trimethylbenzene ND 4.9 ug/Kg 06/22/20 16:20 06/23/20 00:11 11,3,5-Trimethylbenzene ND 49 ug/Kg 06/22/20 16:20 06/23/20 00:11 1Vinyl acetate ND 4.9 ug/Kg 06/22/20 16:20 06/23/20 00:11 1Vinyl chloride ND 9.8 ug/Kg 06/22/20 16:20 06/23/20 00:11 1Xylenes, Total ND 4-Bromofluorobenzene (Surr)101 80-120 06/22/20 16:20 06/23/20 00:11 1 Surrogate Dil FacAnalyzedPreparedQualifier Limits%Recovery Dibromofluoromethane (Surr)105 06/22/20 16:20 06/23/20 00:11 179-133 1,2-Dichloroethane-d4 (Surr)112 06/22/20 16:20 06/23/20 00:11 171-155 Toluene-d8 (Surr)102 06/22/20 16:20 06/23/20 00:11 180-120 Lab Sample ID: 570-31513-2Client Sample ID: PIT 2 BTM 12' Matrix: SolidDate Collected: 06/22/20 09:43 Date Received: 06/22/20 10:56 RL Acetone ND 50 ug/Kg 06/22/20 16:20 06/23/20 00:37 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 5.0 ug/Kg 06/22/20 16:20 06/23/20 00:37 1BenzeneND 5.0 ug/Kg 06/22/20 16:20 06/23/20 00:37 1BromobenzeneND 5.0 ug/Kg 06/22/20 16:20 06/23/20 00:37 1BromochloromethaneND 5.0 ug/Kg 06/22/20 16:20 06/23/20 00:37 1BromodichloromethaneND 5.0 ug/Kg 06/22/20 16:20 06/23/20 00:37 1BromoformND 25 ug/Kg 06/22/20 16:20 06/23/20 00:37 1BromomethaneND 50 ug/Kg 06/22/20 16:20 06/23/20 00:37 12-Butanone ND 50 ug/Kg 06/22/20 16:20 06/23/20 00:37 1Carbon disulfide ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 00:37 1Carbon tetrachloride ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 00:37 1ChlorobenzeneND 5.0 ug/Kg 06/22/20 16:20 06/23/20 00:37 1ChloroethaneND 5.0 ug/Kg 06/22/20 16:20 06/23/20 00:37 1ChloroformND 25 ug/Kg 06/22/20 16:20 06/23/20 00:37 1ChloromethaneND 5.0 ug/Kg 06/22/20 16:20 06/23/20 00:37 12-Chlorotoluene ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 00:37 14-Chlorotoluene ND Eurofins Calscience LLC Page 6 of 29 6/24/2020 1 2 3 4 5 6 7 8 9 10 11 440 Client Sample Results Job ID: 570-31513-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Method: 8260B - Volatile Organic Compounds (GC/MS) (Continued) Lab Sample ID: 570-31513-2Client Sample ID: PIT 2 BTM 12' Matrix: SolidDate Collected: 06/22/20 09:43 Date Received: 06/22/20 10:56 RL cis-1,2-Dichloroethene ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 00:37 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 5.0 ug/Kg 06/22/20 16:20 06/23/20 00:37 1cis-1,3-Dichloropropene ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 00:37 1DibromochloromethaneND 9.9 ug/Kg 06/22/20 16:20 06/23/20 00:37 11,2-Dibromo-3-Chloropropane ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 00:37 11,2-Dibromoethane ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 00:37 1DibromomethaneND 5.0 ug/Kg 06/22/20 16:20 06/23/20 00:37 11,2-Dichlorobenzene ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 00:37 11,3-Dichlorobenzene ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 00:37 11,4-Dichlorobenzene ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 00:37 1DichlorodifluoromethaneND 5.0 ug/Kg 06/22/20 16:20 06/23/20 00:37 11,1-Dichloroethane ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 00:37 11,2-Dichloroethane ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 00:37 11,1-Dichloroethene ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 00:37 11,2-Dichloropropane ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 00:37 11,3-Dichloropropane ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 00:37 12,2-Dichloropropane ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 00:37 11,1-Dichloropropene ND 9.9 ug/Kg 06/22/20 16:20 06/23/20 00:37 1Di-isopropyl ether (DIPE)ND 250 ug/Kg 06/22/20 16:20 06/23/20 00:37 1EthanolND 5.0 ug/Kg 06/22/20 16:20 06/23/20 00:37 1EthylbenzeneND 9.9 ug/Kg 06/22/20 16:20 06/23/20 00:37 1Ethyl-t-butyl ether (ETBE)ND 50 ug/Kg 06/22/20 16:20 06/23/20 00:37 12-Hexanone ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 00:37 1IsopropylbenzeneND 50 ug/Kg 06/22/20 16:20 06/23/20 00:37 1Methylene Chloride ND 50 ug/Kg 06/22/20 16:20 06/23/20 00:37 14-Methyl-2-pentanone ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 00:37 1Methyl-t-Butyl Ether (MTBE)ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 00:37 1m,p-Xylene ND 50 ug/Kg 06/22/20 16:20 06/23/20 00:37 1NaphthaleneND 5.0 ug/Kg 06/22/20 16:20 06/23/20 00:37 1n-Butylbenzene ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 00:37 1N-Propylbenzene ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 00:37 1o-Xylene ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 00:37 1p-Isopropyltoluene ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 00:37 1sec-Butylbenzene ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 00:37 1StyreneND 9.9 ug/Kg 06/22/20 16:20 06/23/20 00:37 1Tert-amyl-methyl ether (TAME)ND 50 ug/Kg 06/22/20 16:20 06/23/20 00:37 1tert-Butyl alcohol (TBA)ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 00:37 1tert-Butylbenzene ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 00:37 11,1,1,2-Tetrachloroethane ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 00:37 11,1,2,2-Tetrachloroethane ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 00:37 1Tetrachloroethene14 5.0 ug/Kg 06/22/20 16:20 06/23/20 00:37 1TolueneND 5.0 ug/Kg 06/22/20 16:20 06/23/20 00:37 1trans-1,2-Dichloroethene ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 00:37 1trans-1,3-Dichloropropene ND 9.9 ug/Kg 06/22/20 16:20 06/23/20 00:37 11,2,3-Trichlorobenzene ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 00:37 11,2,4-Trichlorobenzene ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 00:37 11,1,1-Trichloroethane ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 00:37 11,1,2-Trichloroethane ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 00:37 1TrichloroetheneND 50 ug/Kg 06/22/20 16:20 06/23/20 00:37 1TrichlorofluoromethaneND Eurofins Calscience LLC Page 7 of 29 6/24/2020 1 2 3 4 5 6 7 8 9 10 11 441 Client Sample Results Job ID: 570-31513-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Method: 8260B - Volatile Organic Compounds (GC/MS) (Continued) Lab Sample ID: 570-31513-2Client Sample ID: PIT 2 BTM 12' Matrix: SolidDate Collected: 06/22/20 09:43 Date Received: 06/22/20 10:56 RL 1,2,3-Trichloropropane ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 00:37 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 50 ug/Kg 06/22/20 16:20 06/23/20 00:37 11,1,2-Trichloro-1,2,2-trifluoroethane ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 00:37 11,2,4-Trimethylbenzene ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 00:37 11,3,5-Trimethylbenzene ND 50 ug/Kg 06/22/20 16:20 06/23/20 00:37 1Vinyl acetate ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 00:37 1Vinyl chloride ND 9.9 ug/Kg 06/22/20 16:20 06/23/20 00:37 1Xylenes, Total ND 4-Bromofluorobenzene (Surr)102 80-120 06/22/20 16:20 06/23/20 00:37 1 Surrogate Dil FacAnalyzedPreparedQualifier Limits%Recovery Dibromofluoromethane (Surr)103 06/22/20 16:20 06/23/20 00:37 179-133 1,2-Dichloroethane-d4 (Surr)110 06/22/20 16:20 06/23/20 00:37 171-155 Toluene-d8 (Surr)102 06/22/20 16:20 06/23/20 00:37 180-120 Lab Sample ID: 570-31513-3Client Sample ID: DRYWELL 29' Matrix: SolidDate Collected: 06/22/20 09:50 Date Received: 06/22/20 10:56 RL Acetone ND 50 ug/Kg 06/22/20 16:20 06/23/20 01:03 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 5.0 ug/Kg 06/22/20 16:20 06/23/20 01:03 1BenzeneND 5.0 ug/Kg 06/22/20 16:20 06/23/20 01:03 1BromobenzeneND 5.0 ug/Kg 06/22/20 16:20 06/23/20 01:03 1BromochloromethaneND 5.0 ug/Kg 06/22/20 16:20 06/23/20 01:03 1BromodichloromethaneND 5.0 ug/Kg 06/22/20 16:20 06/23/20 01:03 1BromoformND 25 ug/Kg 06/22/20 16:20 06/23/20 01:03 1BromomethaneND 50 ug/Kg 06/22/20 16:20 06/23/20 01:03 12-Butanone ND 50 ug/Kg 06/22/20 16:20 06/23/20 01:03 1Carbon disulfide ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 01:03 1Carbon tetrachloride ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 01:03 1ChlorobenzeneND 5.0 ug/Kg 06/22/20 16:20 06/23/20 01:03 1ChloroethaneND 5.0 ug/Kg 06/22/20 16:20 06/23/20 01:03 1ChloroformND 25 ug/Kg 06/22/20 16:20 06/23/20 01:03 1ChloromethaneND 5.0 ug/Kg 06/22/20 16:20 06/23/20 01:03 12-Chlorotoluene ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 01:03 14-Chlorotoluene ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 01:03 1cis-1,2-Dichloroethene ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 01:03 1cis-1,3-Dichloropropene ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 01:03 1DibromochloromethaneND 9.9 ug/Kg 06/22/20 16:20 06/23/20 01:03 11,2-Dibromo-3-Chloropropane ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 01:03 11,2-Dibromoethane ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 01:03 1DibromomethaneND 5.0 ug/Kg 06/22/20 16:20 06/23/20 01:03 11,2-Dichlorobenzene ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 01:03 11,3-Dichlorobenzene ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 01:03 11,4-Dichlorobenzene ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 01:03 1DichlorodifluoromethaneND 5.0 ug/Kg 06/22/20 16:20 06/23/20 01:03 11,1-Dichloroethane ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 01:03 11,2-Dichloroethane ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 01:03 11,1-Dichloroethene ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 01:03 11,2-Dichloropropane ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 01:03 11,3-Dichloropropane ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 01:03 12,2-Dichloropropane ND Eurofins Calscience LLC Page 8 of 29 6/24/2020 1 2 3 4 5 6 7 8 9 10 11 442 Client Sample Results Job ID: 570-31513-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Method: 8260B - Volatile Organic Compounds (GC/MS) (Continued) Lab Sample ID: 570-31513-3Client Sample ID: DRYWELL 29' Matrix: SolidDate Collected: 06/22/20 09:50 Date Received: 06/22/20 10:56 RL 1,1-Dichloropropene ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 01:03 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 9.9 ug/Kg 06/22/20 16:20 06/23/20 01:03 1Di-isopropyl ether (DIPE)ND 250 ug/Kg 06/22/20 16:20 06/23/20 01:03 1EthanolND 5.0 ug/Kg 06/22/20 16:20 06/23/20 01:03 1EthylbenzeneND 9.9 ug/Kg 06/22/20 16:20 06/23/20 01:03 1Ethyl-t-butyl ether (ETBE)ND 50 ug/Kg 06/22/20 16:20 06/23/20 01:03 12-Hexanone ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 01:03 1IsopropylbenzeneND 50 ug/Kg 06/22/20 16:20 06/23/20 01:03 1Methylene Chloride ND 50 ug/Kg 06/22/20 16:20 06/23/20 01:03 14-Methyl-2-pentanone ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 01:03 1Methyl-t-Butyl Ether (MTBE)ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 01:03 1m,p-Xylene ND 50 ug/Kg 06/22/20 16:20 06/23/20 01:03 1NaphthaleneND 5.0 ug/Kg 06/22/20 16:20 06/23/20 01:03 1n-Butylbenzene ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 01:03 1N-Propylbenzene ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 01:03 1o-Xylene ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 01:03 1p-Isopropyltoluene ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 01:03 1sec-Butylbenzene ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 01:03 1StyreneND 9.9 ug/Kg 06/22/20 16:20 06/23/20 01:03 1Tert-amyl-methyl ether (TAME)ND 50 ug/Kg 06/22/20 16:20 06/23/20 01:03 1tert-Butyl alcohol (TBA)ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 01:03 1tert-Butylbenzene ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 01:03 11,1,1,2-Tetrachloroethane ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 01:03 11,1,2,2-Tetrachloroethane ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 01:03 1TetrachloroetheneND 5.0 ug/Kg 06/22/20 16:20 06/23/20 01:03 1TolueneND 5.0 ug/Kg 06/22/20 16:20 06/23/20 01:03 1trans-1,2-Dichloroethene ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 01:03 1trans-1,3-Dichloropropene ND 9.9 ug/Kg 06/22/20 16:20 06/23/20 01:03 11,2,3-Trichlorobenzene ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 01:03 11,2,4-Trichlorobenzene ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 01:03 11,1,1-Trichloroethane ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 01:03 11,1,2-Trichloroethane ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 01:03 1TrichloroetheneND 50 ug/Kg 06/22/20 16:20 06/23/20 01:03 1TrichlorofluoromethaneND 5.0 ug/Kg 06/22/20 16:20 06/23/20 01:03 11,2,3-Trichloropropane ND 50 ug/Kg 06/22/20 16:20 06/23/20 01:03 11,1,2-Trichloro-1,2,2-trifluoroethane ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 01:03 11,2,4-Trimethylbenzene ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 01:03 11,3,5-Trimethylbenzene ND 50 ug/Kg 06/22/20 16:20 06/23/20 01:03 1Vinyl acetate ND 5.0 ug/Kg 06/22/20 16:20 06/23/20 01:03 1Vinyl chloride ND 9.9 ug/Kg 06/22/20 16:20 06/23/20 01:03 1Xylenes, Total ND 4-Bromofluorobenzene (Surr)104 80-120 06/22/20 16:20 06/23/20 01:03 1 Surrogate Dil FacAnalyzedPreparedQualifier Limits%Recovery Dibromofluoromethane (Surr)107 06/22/20 16:20 06/23/20 01:03 179-133 1,2-Dichloroethane-d4 (Surr)117 06/22/20 16:20 06/23/20 01:03 171-155 Toluene-d8 (Surr)102 06/22/20 16:20 06/23/20 01:03 180-120 Eurofins Calscience LLC Page 9 of 29 6/24/2020 1 2 3 4 5 6 7 8 9 10 11 443 Client Sample Results Job ID: 570-31513-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Method: 8015B - Diesel Range Organics (DRO) (GC) Lab Sample ID: 570-31513-1Client Sample ID: PIT 2 BTM 10' Matrix: SolidDate Collected: 06/22/20 09:35 Date Received: 06/22/20 10:56 RL C6 as C6 ND 50 mg/Kg 06/23/20 09:11 06/23/20 16:15 10 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 50 mg/Kg 06/23/20 09:11 06/23/20 16:15 10C7 as C7 ND 50 mg/Kg 06/23/20 09:11 06/23/20 16:15 10C8 as C8 ND 50 mg/Kg 06/23/20 09:11 06/23/20 16:15 10C9-C10 ND 50 mg/Kg 06/23/20 09:11 06/23/20 16:15 10C11-C12 ND 50 mg/Kg 06/23/20 09:11 06/23/20 16:15 10C13-C14 ND 50 mg/Kg 06/23/20 09:11 06/23/20 16:15 10C15-C16 ND 50 mg/Kg 06/23/20 09:11 06/23/20 16:15 10C17-C18 ND 50 mg/Kg 06/23/20 09:11 06/23/20 16:15 10C19-C20 63 50 mg/Kg 06/23/20 09:11 06/23/20 16:15 10C21-C22 110 50 mg/Kg 06/23/20 09:11 06/23/20 16:15 10C23-C24 150 50 mg/Kg 06/23/20 09:11 06/23/20 16:15 10C25-C28 430 50 mg/Kg 06/23/20 09:11 06/23/20 16:15 10C29-C32 450 50 mg/Kg 06/23/20 09:11 06/23/20 16:15 10C33-C36 250 50 mg/Kg 06/23/20 09:11 06/23/20 16:15 10C37-C40 120 50 mg/Kg 06/23/20 09:11 06/23/20 16:15 10C41-C44 64 50 mg/Kg 06/23/20 09:11 06/23/20 16:15 10C6-C44 1700 n-Octacosane (Surr)111 61-145 06/23/20 09:11 06/23/20 16:15 10 Surrogate Dil FacAnalyzedPreparedQualifier Limits%Recovery Lab Sample ID: 570-31513-2Client Sample ID: PIT 2 BTM 12' Matrix: SolidDate Collected: 06/22/20 09:43 Date Received: 06/22/20 10:56 RL C6 as C6 ND 5.0 mg/Kg 06/23/20 09:11 06/23/20 14:05 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 5.0 mg/Kg 06/23/20 09:11 06/23/20 14:05 1C7 as C7 ND 5.0 mg/Kg 06/23/20 09:11 06/23/20 14:05 1C8 as C8 ND 5.0 mg/Kg 06/23/20 09:11 06/23/20 14:05 1C9-C10 ND 5.0 mg/Kg 06/23/20 09:11 06/23/20 14:05 1C11-C12 ND 5.0 mg/Kg 06/23/20 09:11 06/23/20 14:05 1C13-C14 ND 5.0 mg/Kg 06/23/20 09:11 06/23/20 14:05 1C15-C16 7.2 5.0 mg/Kg 06/23/20 09:11 06/23/20 14:05 1C17-C18 21 5.0 mg/Kg 06/23/20 09:11 06/23/20 14:05 1C19-C20 40 5.0 mg/Kg 06/23/20 09:11 06/23/20 14:05 1C21-C22 73 5.0 mg/Kg 06/23/20 09:11 06/23/20 14:05 1C23-C24 96 5.0 mg/Kg 06/23/20 09:11 06/23/20 14:05 1C25-C28 260 5.0 mg/Kg 06/23/20 09:11 06/23/20 14:05 1C29-C32 270 5.0 mg/Kg 06/23/20 09:11 06/23/20 14:05 1C33-C36 130 5.0 mg/Kg 06/23/20 09:11 06/23/20 14:05 1C37-C40 49 5.0 mg/Kg 06/23/20 09:11 06/23/20 14:05 1C41-C44 22 5.0 mg/Kg 06/23/20 09:11 06/23/20 14:05 1C6-C44 970 n-Octacosane (Surr)112 61-145 06/23/20 09:11 06/23/20 14:05 1 Surrogate Dil FacAnalyzedPreparedQualifier Limits%Recovery Eurofins Calscience LLC Page 10 of 29 6/24/2020 1 2 3 4 5 6 7 8 9 10 11 444 Client Sample Results Job ID: 570-31513-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Method: 8015B - Diesel Range Organics (DRO) (GC) Lab Sample ID: 570-31513-3Client Sample ID: DRYWELL 29' Matrix: SolidDate Collected: 06/22/20 09:50 Date Received: 06/22/20 10:56 RL C6 as C6 ND 5.0 mg/Kg 06/23/20 09:11 06/23/20 14:27 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 5.0 mg/Kg 06/23/20 09:11 06/23/20 14:27 1C7 as C7 ND 5.0 mg/Kg 06/23/20 09:11 06/23/20 14:27 1C8 as C8 ND 5.0 mg/Kg 06/23/20 09:11 06/23/20 14:27 1C9-C10 ND 5.0 mg/Kg 06/23/20 09:11 06/23/20 14:27 1C11-C12 ND 5.0 mg/Kg 06/23/20 09:11 06/23/20 14:27 1C13-C14 ND 5.0 mg/Kg 06/23/20 09:11 06/23/20 14:27 1C15-C16 ND 5.0 mg/Kg 06/23/20 09:11 06/23/20 14:27 1C17-C18 ND 5.0 mg/Kg 06/23/20 09:11 06/23/20 14:27 1C19-C20 5.0 5.0 mg/Kg 06/23/20 09:11 06/23/20 14:27 1C21-C22 10 5.0 mg/Kg 06/23/20 09:11 06/23/20 14:27 1C23-C24 15 5.0 mg/Kg 06/23/20 09:11 06/23/20 14:27 1C25-C28 40 5.0 mg/Kg 06/23/20 09:11 06/23/20 14:27 1C29-C32 37 5.0 mg/Kg 06/23/20 09:11 06/23/20 14:27 1C33-C36 22 5.0 mg/Kg 06/23/20 09:11 06/23/20 14:27 1C37-C40 11 5.0 mg/Kg 06/23/20 09:11 06/23/20 14:27 1C41-C44 7.7 5.0 mg/Kg 06/23/20 09:11 06/23/20 14:27 1C6-C44 150 n-Octacosane (Surr)108 61-145 06/23/20 09:11 06/23/20 14:27 1 Surrogate Dil FacAnalyzedPreparedQualifier Limits%Recovery Eurofins Calscience LLC Page 11 of 29 6/24/2020 1 2 3 4 5 6 7 8 9 10 11 445 Client Sample Results Job ID: 570-31513-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Method: 6010B - Metals (ICP) Lab Sample ID: 570-31513-1Client Sample ID: PIT 2 BTM 10' Matrix: SolidDate Collected: 06/22/20 09:35 Date Received: 06/22/20 10:56 RL Antimony ND 0.714 mg/Kg 06/23/20 14:00 06/24/20 02:14 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 0.714 mg/Kg 06/23/20 14:00 06/24/20 02:14 1Arsenic2.51 0.476 mg/Kg 06/23/20 14:00 06/24/20 02:14 1Barium64.4 0.238 mg/Kg 06/23/20 14:00 06/24/20 02:14 1Beryllium0.442 0.476 mg/Kg 06/23/20 14:00 06/24/20 02:14 1Cadmium0.590 0.238 mg/Kg 06/23/20 14:00 06/24/20 02:14 1Chromium35.9 0.238 mg/Kg 06/23/20 14:00 06/24/20 02:14 1Cobalt3.43 0.476 mg/Kg 06/23/20 14:00 06/24/20 02:14 1Copper8.00 0.476 mg/Kg 06/23/20 14:00 06/24/20 02:14 1Lead48.9 0.238 mg/Kg 06/23/20 14:00 06/24/20 02:14 1MolybdenumND 0.238 mg/Kg 06/23/20 14:00 06/24/20 02:14 1Nickel6.28 0.714 mg/Kg 06/23/20 14:00 06/24/20 02:14 1SeleniumND 0.238 mg/Kg 06/23/20 14:00 06/24/20 02:14 1SilverND 0.714 mg/Kg 06/23/20 14:00 06/24/20 02:14 1ThalliumND 0.238 mg/Kg 06/23/20 14:00 06/24/20 02:14 1Vanadium15.9 0.952 mg/Kg 06/23/20 14:00 06/24/20 02:14 1Zinc29.2 Lab Sample ID: 570-31513-2Client Sample ID: PIT 2 BTM 12' Matrix: SolidDate Collected: 06/22/20 09:43 Date Received: 06/22/20 10:56 RL Antimony 0.786 0.761 mg/Kg 06/23/20 14:00 06/24/20 02:11 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 0.761 mg/Kg 06/23/20 14:00 06/24/20 02:11 1Arsenic2.66 0.508 mg/Kg 06/23/20 14:00 06/24/20 02:11 1Barium33.2 0.254 mg/Kg 06/23/20 14:00 06/24/20 02:11 1Beryllium0.342 0.508 mg/Kg 06/23/20 14:00 06/24/20 02:11 1CadmiumND 0.254 mg/Kg 06/23/20 14:00 06/24/20 02:11 1Chromium12.6 0.254 mg/Kg 06/23/20 14:00 06/24/20 02:11 1Cobalt2.25 0.508 mg/Kg 06/23/20 14:00 06/24/20 02:11 1Copper3.73 0.508 mg/Kg 06/23/20 14:00 06/24/20 02:11 1Lead12.7 0.254 mg/Kg 06/23/20 14:00 06/24/20 02:11 1MolybdenumND 0.254 mg/Kg 06/23/20 14:00 06/24/20 02:11 1Nickel3.73 0.761 mg/Kg 06/23/20 14:00 06/24/20 02:11 1SeleniumND 0.254 mg/Kg 06/23/20 14:00 06/24/20 02:11 1SilverND 0.761 mg/Kg 06/23/20 14:00 06/24/20 02:11 1ThalliumND 0.254 mg/Kg 06/23/20 14:00 06/24/20 02:11 1Vanadium12.0 1.02 mg/Kg 06/23/20 14:00 06/24/20 02:11 1Zinc13.4 Lab Sample ID: 570-31513-3Client Sample ID: DRYWELL 29' Matrix: SolidDate Collected: 06/22/20 09:50 Date Received: 06/22/20 10:56 RL Antimony ND F1 0.721 mg/Kg 06/23/20 14:00 06/24/20 02:04 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 0.721 mg/Kg 06/23/20 14:00 06/24/20 02:04 1Arsenic0.981 0.481 mg/Kg 06/23/20 14:00 06/24/20 02:04 1Barium19.9 0.240 mg/Kg 06/23/20 14:00 06/24/20 02:04 1Beryllium0.251 0.481 mg/Kg 06/23/20 14:00 06/24/20 02:04 1CadmiumND 0.240 mg/Kg 06/23/20 14:00 06/24/20 02:04 1Chromium9.52 0.240 mg/Kg 06/23/20 14:00 06/24/20 02:04 1Cobalt2.09 0.481 mg/Kg 06/23/20 14:00 06/24/20 02:04 1Copper3.11 Eurofins Calscience LLC Page 12 of 29 6/24/2020 1 2 3 4 5 6 7 8 9 10 11 446 Client Sample Results Job ID: 570-31513-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Method: 6010B - Metals (ICP) (Continued) Lab Sample ID: 570-31513-3Client Sample ID: DRYWELL 29' Matrix: SolidDate Collected: 06/22/20 09:50 Date Received: 06/22/20 10:56 RL Lead 9.75 0.481 mg/Kg 06/23/20 14:00 06/24/20 02:04 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier 0.240 mg/Kg 06/23/20 14:00 06/24/20 02:04 1MolybdenumND 0.240 mg/Kg 06/23/20 14:00 06/24/20 02:04 1Nickel5.19 0.721 mg/Kg 06/23/20 14:00 06/24/20 02:04 1SeleniumND 0.240 mg/Kg 06/23/20 14:00 06/24/20 02:04 1SilverND 0.721 mg/Kg 06/23/20 14:00 06/24/20 02:04 1ThalliumND 0.240 mg/Kg 06/23/20 14:00 06/24/20 02:04 1Vanadium7.32 0.962 mg/Kg 06/23/20 14:00 06/24/20 02:04 1Zinc8.68 Eurofins Calscience LLC Page 13 of 29 6/24/2020 1 2 3 4 5 6 7 8 9 10 11 447 Client Sample Results Job ID: 570-31513-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Method: 7471A - Mercury (CVAA) Lab Sample ID: 570-31513-1Client Sample ID: PIT 2 BTM 10' Matrix: SolidDate Collected: 06/22/20 09:35 Date Received: 06/22/20 10:56 RL Mercury ND 0.0806 mg/Kg 06/23/20 14:00 06/24/20 10:09 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier Lab Sample ID: 570-31513-2Client Sample ID: PIT 2 BTM 12' Matrix: SolidDate Collected: 06/22/20 09:43 Date Received: 06/22/20 10:56 RL Mercury ND 0.0820 mg/Kg 06/23/20 14:00 06/24/20 10:07 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier Lab Sample ID: 570-31513-3Client Sample ID: DRYWELL 29' Matrix: SolidDate Collected: 06/22/20 09:50 Date Received: 06/22/20 10:56 RL Mercury ND 0.0877 mg/Kg 06/23/20 14:00 06/24/20 10:02 1 Analyte Dil FacAnalyzedPreparedUnit DResult Qualifier Eurofins Calscience LLC Page 14 of 29 6/24/2020 1 2 3 4 5 6 7 8 9 10 11 448 QC Sample Results Job ID: 570-31513-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Method: 8260B - Volatile Organic Compounds (GC/MS) Client Sample ID: Method BlankLab Sample ID: MB 570-77047/1-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 77092 Prep Batch: 77047 RL Acetone ND 50 ug/Kg 06/22/20 16:20 06/22/20 22:27 1 MB MB Analyte Dil FacAnalyzedPreparedDUnitResult Qualifier ND 5.0 ug/Kg 06/22/20 16:20 06/22/20 22:27 1Benzene ND 5.0 ug/Kg 06/22/20 16:20 06/22/20 22:27 1Bromobenzene ND 5.0 ug/Kg 06/22/20 16:20 06/22/20 22:27 1Bromochloromethane ND 5.0 ug/Kg 06/22/20 16:20 06/22/20 22:27 1Bromodichloromethane ND 5.0 ug/Kg 06/22/20 16:20 06/22/20 22:27 1Bromoform ND 25 ug/Kg 06/22/20 16:20 06/22/20 22:27 1Bromomethane ND 50 ug/Kg 06/22/20 16:20 06/22/20 22:27 12-Butanone ND 50 ug/Kg 06/22/20 16:20 06/22/20 22:27 1Carbon disulfide ND 5.0 ug/Kg 06/22/20 16:20 06/22/20 22:27 1Carbon tetrachloride ND 5.0 ug/Kg 06/22/20 16:20 06/22/20 22:27 1Chlorobenzene ND 5.0 ug/Kg 06/22/20 16:20 06/22/20 22:27 1Chloroethane ND 5.0 ug/Kg 06/22/20 16:20 06/22/20 22:27 1Chloroform ND 25 ug/Kg 06/22/20 16:20 06/22/20 22:27 1Chloromethane ND 5.0 ug/Kg 06/22/20 16:20 06/22/20 22:27 12-Chlorotoluene ND 5.0 ug/Kg 06/22/20 16:20 06/22/20 22:27 14-Chlorotoluene ND 5.0 ug/Kg 06/22/20 16:20 06/22/20 22:27 1cis-1,2-Dichloroethene ND 5.0 ug/Kg 06/22/20 16:20 06/22/20 22:27 1cis-1,3-Dichloropropene ND 5.0 ug/Kg 06/22/20 16:20 06/22/20 22:27 1Dibromochloromethane ND 10 ug/Kg 06/22/20 16:20 06/22/20 22:27 11,2-Dibromo-3-Chloropropane ND 5.0 ug/Kg 06/22/20 16:20 06/22/20 22:27 11,2-Dibromoethane ND 5.0 ug/Kg 06/22/20 16:20 06/22/20 22:27 1Dibromomethane ND 5.0 ug/Kg 06/22/20 16:20 06/22/20 22:27 11,2-Dichlorobenzene ND 5.0 ug/Kg 06/22/20 16:20 06/22/20 22:27 11,3-Dichlorobenzene ND 5.0 ug/Kg 06/22/20 16:20 06/22/20 22:27 11,4-Dichlorobenzene ND 5.0 ug/Kg 06/22/20 16:20 06/22/20 22:27 1Dichlorodifluoromethane ND 5.0 ug/Kg 06/22/20 16:20 06/22/20 22:27 11,1-Dichloroethane ND 5.0 ug/Kg 06/22/20 16:20 06/22/20 22:27 11,2-Dichloroethane ND 5.0 ug/Kg 06/22/20 16:20 06/22/20 22:27 11,1-Dichloroethene ND 5.0 ug/Kg 06/22/20 16:20 06/22/20 22:27 11,2-Dichloropropane ND 5.0 ug/Kg 06/22/20 16:20 06/22/20 22:27 11,3-Dichloropropane ND 5.0 ug/Kg 06/22/20 16:20 06/22/20 22:27 12,2-Dichloropropane ND 5.0 ug/Kg 06/22/20 16:20 06/22/20 22:27 11,1-Dichloropropene ND 10 ug/Kg 06/22/20 16:20 06/22/20 22:27 1Di-isopropyl ether (DIPE) ND 250 ug/Kg 06/22/20 16:20 06/22/20 22:27 1Ethanol ND 5.0 ug/Kg 06/22/20 16:20 06/22/20 22:27 1Ethylbenzene ND 10 ug/Kg 06/22/20 16:20 06/22/20 22:27 1Ethyl-t-butyl ether (ETBE) ND 50 ug/Kg 06/22/20 16:20 06/22/20 22:27 12-Hexanone ND 5.0 ug/Kg 06/22/20 16:20 06/22/20 22:27 1Isopropylbenzene ND 50 ug/Kg 06/22/20 16:20 06/22/20 22:27 1Methylene Chloride ND 50 ug/Kg 06/22/20 16:20 06/22/20 22:27 14-Methyl-2-pentanone ND 5.0 ug/Kg 06/22/20 16:20 06/22/20 22:27 1Methyl-t-Butyl Ether (MTBE) ND 5.0 ug/Kg 06/22/20 16:20 06/22/20 22:27 1m,p-Xylene ND 50 ug/Kg 06/22/20 16:20 06/22/20 22:27 1Naphthalene ND 5.0 ug/Kg 06/22/20 16:20 06/22/20 22:27 1n-Butylbenzene ND 5.0 ug/Kg 06/22/20 16:20 06/22/20 22:27 1N-Propylbenzene ND 5.0 ug/Kg 06/22/20 16:20 06/22/20 22:27 1o-Xylene ND 5.0 ug/Kg 06/22/20 16:20 06/22/20 22:27 1p-Isopropyltoluene Eurofins Calscience LLC Page 15 of 29 6/24/2020 1 2 3 4 5 6 7 8 9 10 11 449 QC Sample Results Job ID: 570-31513-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Method: 8260B - Volatile Organic Compounds (GC/MS) (Continued) Client Sample ID: Method BlankLab Sample ID: MB 570-77047/1-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 77092 Prep Batch: 77047 RL sec-Butylbenzene ND 5.0 ug/Kg 06/22/20 16:20 06/22/20 22:27 1 MB MB Analyte Dil FacAnalyzedPreparedDUnitResult Qualifier ND 5.0 ug/Kg 06/22/20 16:20 06/22/20 22:27 1Styrene ND 10 ug/Kg 06/22/20 16:20 06/22/20 22:27 1Tert-amyl-methyl ether (TAME) ND 50 ug/Kg 06/22/20 16:20 06/22/20 22:27 1tert-Butyl alcohol (TBA) ND 5.0 ug/Kg 06/22/20 16:20 06/22/20 22:27 1tert-Butylbenzene ND 5.0 ug/Kg 06/22/20 16:20 06/22/20 22:27 11,1,1,2-Tetrachloroethane ND 5.0 ug/Kg 06/22/20 16:20 06/22/20 22:27 11,1,2,2-Tetrachloroethane ND 5.0 ug/Kg 06/22/20 16:20 06/22/20 22:27 1Tetrachloroethene ND 5.0 ug/Kg 06/22/20 16:20 06/22/20 22:27 1Toluene ND 5.0 ug/Kg 06/22/20 16:20 06/22/20 22:27 1trans-1,2-Dichloroethene ND 5.0 ug/Kg 06/22/20 16:20 06/22/20 22:27 1trans-1,3-Dichloropropene ND 10 ug/Kg 06/22/20 16:20 06/22/20 22:27 11,2,3-Trichlorobenzene ND 5.0 ug/Kg 06/22/20 16:20 06/22/20 22:27 11,2,4-Trichlorobenzene ND 5.0 ug/Kg 06/22/20 16:20 06/22/20 22:27 11,1,1-Trichloroethane ND 5.0 ug/Kg 06/22/20 16:20 06/22/20 22:27 11,1,2-Trichloroethane ND 5.0 ug/Kg 06/22/20 16:20 06/22/20 22:27 1Trichloroethene ND 50 ug/Kg 06/22/20 16:20 06/22/20 22:27 1Trichlorofluoromethane ND 5.0 ug/Kg 06/22/20 16:20 06/22/20 22:27 11,2,3-Trichloropropane ND 50 ug/Kg 06/22/20 16:20 06/22/20 22:27 11,1,2-Trichloro-1,2,2-trifluoroethane ND 5.0 ug/Kg 06/22/20 16:20 06/22/20 22:27 11,2,4-Trimethylbenzene ND 5.0 ug/Kg 06/22/20 16:20 06/22/20 22:27 11,3,5-Trimethylbenzene ND 50 ug/Kg 06/22/20 16:20 06/22/20 22:27 1Vinyl acetate ND 5.0 ug/Kg 06/22/20 16:20 06/22/20 22:27 1Vinyl chloride ND 10 ug/Kg 06/22/20 16:20 06/22/20 22:27 1Xylenes, Total 4-Bromofluorobenzene (Surr)104 80-120 06/22/20 22:27 1 MB MB Surrogate 06/22/20 16:20 Dil FacPrepared AnalyzedQualifier Limits%Recovery 108 06/22/20 16:20 06/22/20 22:27 1Dibromofluoromethane (Surr)79-133 115 06/22/20 16:20 06/22/20 22:27 11,2-Dichloroethane-d4 (Surr)71-155 101 06/22/20 16:20 06/22/20 22:27 1Toluene-d8 (Surr)80-120 Client Sample ID: Lab Control SampleLab Sample ID: LCS 570-77047/2-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 77092 Prep Batch: 77047 Benzene 49.9 50.98 ug/Kg 102 78-120 Analyte LCS LCS DUnitResult Qualifier %Rec Spike Added %Rec. Limits Carbon tetrachloride 49.9 52.92 ug/Kg 106 49-139 Chlorobenzene 49.9 49.42 ug/Kg 99 79-120 1,2-Dibromoethane 49.9 51.65 ug/Kg 103 70-130 1,2-Dichlorobenzene 49.9 49.72 ug/Kg 100 75-120 1,2-Dichloroethane 49.9 48.04 ug/Kg 96 70-130 1,1-Dichloroethene 49.9 53.10 ug/Kg 106 74-122 Di-isopropyl ether (DIPE)49.9 57.59 ug/Kg 115 78-120 Ethanol 499 461.8 ug/Kg 93 56-140 Ethylbenzene 49.9 50.41 ug/Kg 101 76-120 Ethyl-t-butyl ether (ETBE)49.9 51.85 ug/Kg 104 70-124 Methyl-t-Butyl Ether (MTBE)49.9 50.17 ug/Kg 101 70-124 Eurofins Calscience LLC Page 16 of 29 6/24/2020 1 2 3 4 5 6 7 8 9 10 11 450 QC Sample Results Job ID: 570-31513-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Method: 8260B - Volatile Organic Compounds (GC/MS) (Continued) Client Sample ID: Lab Control SampleLab Sample ID: LCS 570-77047/2-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 77092 Prep Batch: 77047 m,p-Xylene 99.8 94.51 ug/Kg 95 70-130 Analyte LCS LCS DUnitResult Qualifier %Rec Spike Added %Rec. Limits o-Xylene 49.9 48.51 ug/Kg 97 70-130 4-Bromofluorobenzene (Surr)80 -120 Surrogate 104 LCS LCS Qualifier Limits%Recovery 107Dibromofluoromethane (Surr)79 -133 1101,2-Dichloroethane-d4 (Surr)71 -155 98Toluene-d8 (Surr)80 -120 Client Sample ID: Lab Control Sample DupLab Sample ID: LCSD 570-77047/3-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 77092 Prep Batch: 77047 Benzene 50.2 51.99 ug/Kg 104 78-120 2 20 Analyte LCSD LCSD DUnitResult Qualifier %Rec Spike Added %Rec. Limits LimitRPD RPD Carbon tetrachloride 50.2 53.84 ug/Kg 107 49-139 2 20 Chlorobenzene 50.2 50.86 ug/Kg 101 79-120 3 20 1,2-Dibromoethane 50.2 53.77 ug/Kg 107 70-130 4 20 1,2-Dichlorobenzene 50.2 49.94 ug/Kg 99 75-120 0 20 1,2-Dichloroethane 50.2 50.79 ug/Kg 101 70-130 6 20 1,1-Dichloroethene 50.2 52.95 ug/Kg 105 74-122 0 20 Di-isopropyl ether (DIPE)50.2 58.00 ug/Kg 116 78-120 1 20 Ethanol 502 514.9 ug/Kg 103 56-140 11 20 Ethylbenzene 50.2 52.25 ug/Kg 104 76-120 4 20 Ethyl-t-butyl ether (ETBE)50.2 51.75 ug/Kg 103 70-124 0 20 Methyl-t-Butyl Ether (MTBE)50.2 48.57 ug/Kg 97 70-124 3 20 m,p-Xylene 100 97.98 ug/Kg 98 70-130 4 20 o-Xylene 50.2 50.08 ug/Kg 100 70-130 3 20 4-Bromofluorobenzene (Surr)80 -120 Surrogate 102 LCSD LCSD Qualifier Limits%Recovery 107Dibromofluoromethane (Surr)79 -133 1081,2-Dichloroethane-d4 (Surr)71 -155 102Toluene-d8 (Surr)80 -120 Client Sample ID: Matrix SpikeLab Sample ID: 570-31475-A-1-B MS Matrix: Solid Prep Type: Total/NA Analysis Batch: 77092 Prep Batch: 77047 Benzene ND 51.0 48.26 ug/Kg 95 61-127 Analyte MS MS DUnitResult Qualifier %Rec Spike Added Sample Result Sample Qualifier %Rec. Limits Carbon tetrachloride ND 51.0 51.56 ug/Kg 101 51-135 Chlorobenzene ND 51.0 43.20 ug/Kg 85 57-123 1,2-Dibromoethane ND 51.0 45.22 ug/Kg 89 64-124 1,2-Dichlorobenzene ND 51.0 37.38 ug/Kg 73 35-131 1,2-Dichloroethane ND 51.0 47.21 ug/Kg 93 70-130 1,1-Dichloroethene ND 51.0 51.58 ug/Kg 101 47-143 Di-isopropyl ether (DIPE)ND 51.0 54.81 ug/Kg 107 57-129 Eurofins Calscience LLC Page 17 of 29 6/24/2020 1 2 3 4 5 6 7 8 9 10 11 451 QC Sample Results Job ID: 570-31513-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Method: 8260B - Volatile Organic Compounds (GC/MS) (Continued) Client Sample ID: Matrix SpikeLab Sample ID: 570-31475-A-1-B MS Matrix: Solid Prep Type: Total/NA Analysis Batch: 77092 Prep Batch: 77047 Ethanol ND 510 275.3 ug/Kg 54 17-167 Analyte MS MS DUnitResult Qualifier %Rec Spike Added Sample Result Sample Qualifier %Rec. Limits Ethylbenzene ND 51.0 46.00 ug/Kg 90 57-129 Ethyl-t-butyl ether (ETBE)ND 51.0 48.72 ug/Kg 96 55-127 Methyl-t-Butyl Ether (MTBE)ND 51.0 46.09 ug/Kg 90 57-123 m,p-Xylene ND 102 85.78 ug/Kg 84 70-130 o-Xylene ND 51.0 43.31 ug/Kg 85 70-130 4-Bromofluorobenzene (Surr)80 -120 Surrogate 104 MS MS Qualifier Limits%Recovery 106Dibromofluoromethane (Surr)79 -133 1161,2-Dichloroethane-d4 (Surr)71 -155 102Toluene-d8 (Surr)80 -120 Client Sample ID: Matrix Spike DuplicateLab Sample ID: 570-31475-A-1-C MSD Matrix: Solid Prep Type: Total/NA Analysis Batch: 77092 Prep Batch: 77047 Benzene ND 49.1 46.45 ug/Kg 95 61-127 4 20 Analyte MSD MSD DUnitResult Qualifier %Rec Spike Added Sample Result Sample Qualifier %Rec. Limits LimitRPD RPD Carbon tetrachloride ND 49.1 49.52 ug/Kg 101 51-135 4 29 Chlorobenzene ND 49.1 41.59 ug/Kg 85 57-123 4 20 1,2-Dibromoethane ND 49.1 44.66 ug/Kg 91 64-124 1 20 1,2-Dichlorobenzene ND 49.1 36.29 ug/Kg 74 35-131 3 25 1,2-Dichloroethane ND 49.1 45.62 ug/Kg 93 70-130 3 20 1,1-Dichloroethene ND 49.1 48.88 ug/Kg 100 47-143 5 25 Di-isopropyl ether (DIPE)ND 49.1 52.08 ug/Kg 106 57-129 5 20 Ethanol ND 491 372.1 ug/Kg 76 17-167 30 47 Ethylbenzene ND 49.1 43.64 ug/Kg 89 57-129 5 22 Ethyl-t-butyl ether (ETBE)ND 49.1 45.72 ug/Kg 93 55-127 6 20 Methyl-t-Butyl Ether (MTBE)ND 49.1 44.17 ug/Kg 90 57-123 4 21 m,p-Xylene ND 98.2 81.45 ug/Kg 83 70-130 5 20 o-Xylene ND 49.1 41.52 ug/Kg 85 70-130 4 20 4-Bromofluorobenzene (Surr)80 -120 Surrogate 105 MSD MSD Qualifier Limits%Recovery 106Dibromofluoromethane (Surr)79 -133 1151,2-Dichloroethane-d4 (Surr)71 -155 103Toluene-d8 (Surr)80 -120 Method: 8015B - Diesel Range Organics (DRO) (GC) Client Sample ID: Method BlankLab Sample ID: MB 570-77166/1-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 77189 Prep Batch: 77166 RL C6 as C6 ND 5.0 mg/Kg 06/23/20 09:11 06/23/20 11:54 1 MB MB Analyte Dil FacAnalyzedPreparedDUnitResult Qualifier ND 5.0 mg/Kg 06/23/20 09:11 06/23/20 11:54 1C7 as C7 Eurofins Calscience LLC Page 18 of 29 6/24/2020 1 2 3 4 5 6 7 8 9 10 11 452 QC Sample Results Job ID: 570-31513-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Method: 8015B - Diesel Range Organics (DRO) (GC) (Continued) Client Sample ID: Method BlankLab Sample ID: MB 570-77166/1-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 77189 Prep Batch: 77166 RL C8 as C8 ND 5.0 mg/Kg 06/23/20 09:11 06/23/20 11:54 1 MB MB Analyte Dil FacAnalyzedPreparedDUnitResult Qualifier ND 5.0 mg/Kg 06/23/20 09:11 06/23/20 11:54 1C9-C10 ND 5.0 mg/Kg 06/23/20 09:11 06/23/20 11:54 1C11-C12 ND 5.0 mg/Kg 06/23/20 09:11 06/23/20 11:54 1C13-C14 ND 5.0 mg/Kg 06/23/20 09:11 06/23/20 11:54 1C15-C16 ND 5.0 mg/Kg 06/23/20 09:11 06/23/20 11:54 1C17-C18 ND 5.0 mg/Kg 06/23/20 09:11 06/23/20 11:54 1C19-C20 ND 5.0 mg/Kg 06/23/20 09:11 06/23/20 11:54 1C21-C22 ND 5.0 mg/Kg 06/23/20 09:11 06/23/20 11:54 1C23-C24 ND 5.0 mg/Kg 06/23/20 09:11 06/23/20 11:54 1C25-C28 ND 5.0 mg/Kg 06/23/20 09:11 06/23/20 11:54 1C29-C32 ND 5.0 mg/Kg 06/23/20 09:11 06/23/20 11:54 1C33-C36 ND 5.0 mg/Kg 06/23/20 09:11 06/23/20 11:54 1C37-C40 ND 5.0 mg/Kg 06/23/20 09:11 06/23/20 11:54 1C41-C44 ND 5.0 mg/Kg 06/23/20 09:11 06/23/20 11:54 1C6-C44 n-Octacosane (Surr)107 61-145 06/23/20 11:54 1 MB MB Surrogate 06/23/20 09:11 Dil FacPrepared AnalyzedQualifier Limits%Recovery Client Sample ID: Lab Control SampleLab Sample ID: LCS 570-77166/2-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 77189 Prep Batch: 77166 TPH as Diesel (C10-C28)400 437.8 mg/Kg 109 67-121 Analyte LCS LCS DUnitResult Qualifier %Rec Spike Added %Rec. Limits n-Octacosane (Surr)61 -145 Surrogate 109 LCS LCS Qualifier Limits%Recovery Client Sample ID: Lab Control Sample DupLab Sample ID: LCSD 570-77166/3-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 77189 Prep Batch: 77166 TPH as Diesel (C10-C28)400 444.3 mg/Kg 111 67-121 1 20 Analyte LCSD LCSD DUnitResult Qualifier %Rec Spike Added %Rec. Limits LimitRPD RPD n-Octacosane (Surr)61 -145 Surrogate 110 LCSD LCSD Qualifier Limits%Recovery Client Sample ID: DRYWELL 29'Lab Sample ID: 570-31513-3 MS Matrix: Solid Prep Type: Total/NA Analysis Batch: 77189 Prep Batch: 77166 TPH as Diesel (C10-C28)75 400 476.8 mg/Kg 100 33-153 Analyte MS MS DUnitResult Qualifier %Rec Spike Added Sample Result Sample Qualifier %Rec. Limits Eurofins Calscience LLC Page 19 of 29 6/24/2020 1 2 3 4 5 6 7 8 9 10 11 453 QC Sample Results Job ID: 570-31513-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Method: 8015B - Diesel Range Organics (DRO) (GC) (Continued) Client Sample ID: DRYWELL 29'Lab Sample ID: 570-31513-3 MS Matrix: Solid Prep Type: Total/NA Analysis Batch: 77189 Prep Batch: 77166 n-Octacosane (Surr)61 -145 Surrogate 107 MS MS Qualifier Limits%Recovery Client Sample ID: DRYWELL 29'Lab Sample ID: 570-31513-3 MSD Matrix: Solid Prep Type: Total/NA Analysis Batch: 77189 Prep Batch: 77166 TPH as Diesel (C10-C28)75 399 465.8 mg/Kg 98 33-153 2 32 Analyte MSD MSD DUnitResult Qualifier %Rec Spike Added Sample Result Sample Qualifier %Rec. Limits LimitRPD RPD n-Octacosane (Surr)61 -145 Surrogate 103 MSD MSD Qualifier Limits%Recovery Method: 6010B - Metals (ICP) Client Sample ID: Method BlankLab Sample ID: MB 570-77245/1-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 77427 Prep Batch: 77245 RL Antimony ND 0.735 mg/Kg 06/23/20 14:00 06/24/20 01:56 1 MB MB Analyte Dil FacAnalyzedPreparedDUnitResult Qualifier ND 0.735 mg/Kg 06/23/20 14:00 06/24/20 01:56 1Arsenic ND 0.490 mg/Kg 06/23/20 14:00 06/24/20 01:56 1Barium ND 0.245 mg/Kg 06/23/20 14:00 06/24/20 01:56 1Beryllium ND 0.490 mg/Kg 06/23/20 14:00 06/24/20 01:56 1Cadmium ND 0.245 mg/Kg 06/23/20 14:00 06/24/20 01:56 1Chromium ND 0.245 mg/Kg 06/23/20 14:00 06/24/20 01:56 1Cobalt ND 0.490 mg/Kg 06/23/20 14:00 06/24/20 01:56 1Copper ND 0.490 mg/Kg 06/23/20 14:00 06/24/20 01:56 1Lead ND 0.245 mg/Kg 06/23/20 14:00 06/24/20 01:56 1Molybdenum ND 0.245 mg/Kg 06/23/20 14:00 06/24/20 01:56 1Nickel ND 0.735 mg/Kg 06/23/20 14:00 06/24/20 01:56 1Selenium ND 0.245 mg/Kg 06/23/20 14:00 06/24/20 01:56 1Silver ND 0.735 mg/Kg 06/23/20 14:00 06/24/20 01:56 1Thallium ND 0.245 mg/Kg 06/23/20 14:00 06/24/20 01:56 1Vanadium ND 0.980 mg/Kg 06/23/20 14:00 06/24/20 01:56 1Zinc Client Sample ID: Lab Control SampleLab Sample ID: LCS 570-77245/2-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 77427 Prep Batch: 77245 Antimony 25.3 24.26 mg/Kg 96 80-120 Analyte LCS LCS DUnitResult Qualifier %Rec Spike Added %Rec. Limits Arsenic 25.3 23.86 mg/Kg 94 80-120 Barium 25.3 26.20 mg/Kg 104 80-120 Beryllium 25.3 24.74 mg/Kg 98 80-120 Cadmium 25.3 24.70 mg/Kg 98 80-120 Chromium 25.3 24.82 mg/Kg 98 80-120 Cobalt 25.3 25.13 mg/Kg 100 80-120 Copper 25.3 25.68 mg/Kg 102 80-120 Eurofins Calscience LLC Page 20 of 29 6/24/2020 1 2 3 4 5 6 7 8 9 10 11 454 QC Sample Results Job ID: 570-31513-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Method: 6010B - Metals (ICP) (Continued) Client Sample ID: Lab Control SampleLab Sample ID: LCS 570-77245/2-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 77427 Prep Batch: 77245 Lead 25.3 25.30 mg/Kg 100 80-120 Analyte LCS LCS DUnitResult Qualifier %Rec Spike Added %Rec. Limits Molybdenum 25.3 24.00 mg/Kg 95 80-120 Nickel 25.3 25.47 mg/Kg 101 80-120 Selenium 25.3 24.95 mg/Kg 99 80-120 Silver 12.6 13.21 mg/Kg 105 80-120 Thallium 25.3 25.33 mg/Kg 100 80-120 Vanadium 25.3 24.77 mg/Kg 98 80-120 Zinc 25.3 24.66 mg/Kg 98 80-120 Client Sample ID: Lab Control Sample DupLab Sample ID: LCSD 570-77245/3-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 77427 Prep Batch: 77245 Antimony 24.9 22.92 mg/Kg 92 80-120 6 20 Analyte LCSD LCSD DUnitResult Qualifier %Rec Spike Added %Rec. Limits LimitRPD RPD Arsenic 24.9 23.43 mg/Kg 94 80-120 2 20 Barium 24.9 25.94 mg/Kg 104 80-120 1 20 Beryllium 24.9 24.44 mg/Kg 98 80-120 1 20 Cadmium 24.9 24.06 mg/Kg 97 80-120 3 20 Chromium 24.9 24.69 mg/Kg 99 80-120 1 20 Cobalt 24.9 24.64 mg/Kg 99 80-120 2 20 Copper 24.9 25.31 mg/Kg 102 80-120 1 20 Lead 24.9 24.50 mg/Kg 98 80-120 3 20 Molybdenum 24.9 23.67 mg/Kg 95 80-120 1 20 Nickel 24.9 24.86 mg/Kg 100 80-120 2 20 Selenium 24.9 25.06 mg/Kg 101 80-120 0 20 Silver 12.4 13.07 mg/Kg 105 80-120 1 20 Thallium 24.9 25.11 mg/Kg 101 80-120 1 20 Vanadium 24.9 24.57 mg/Kg 99 80-120 1 20 Zinc 24.9 24.13 mg/Kg 97 80-120 2 20 Client Sample ID: DRYWELL 29'Lab Sample ID: 570-31513-3 MS Matrix: Solid Prep Type: Total/NA Analysis Batch: 77427 Prep Batch: 77245 Antimony ND F1 24.8 11.42 F1 mg/Kg 45 50-115 Analyte MS MS DUnitResult Qualifier %Rec Spike Added Sample Result Sample Qualifier %Rec. Limits Arsenic 0.981 24.8 23.69 mg/Kg 92 75-125 Barium 19.9 24.8 47.46 mg/Kg 111 75-125 Beryllium 0.251 24.8 24.36 mg/Kg 97 75-125 Cadmium ND 24.8 24.33 mg/Kg 98 75-125 Chromium 9.52 24.8 32.97 mg/Kg 95 75-125 Cobalt 2.09 24.8 26.19 mg/Kg 97 75-125 Copper 3.11 24.8 28.46 mg/Kg 102 75-125 Lead 9.75 24.8 37.09 mg/Kg 110 75-125 Molybdenum ND 24.8 23.15 mg/Kg 93 75-125 Nickel 5.19 24.8 30.21 mg/Kg 101 75-125 Selenium ND 24.8 21.06 mg/Kg 85 75-125 Silver ND 12.4 12.07 mg/Kg 98 75-125 Eurofins Calscience LLC Page 21 of 29 6/24/2020 1 2 3 4 5 6 7 8 9 10 11 455 QC Sample Results Job ID: 570-31513-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Method: 6010B - Metals (ICP) (Continued) Client Sample ID: DRYWELL 29'Lab Sample ID: 570-31513-3 MS Matrix: Solid Prep Type: Total/NA Analysis Batch: 77427 Prep Batch: 77245 Thallium ND 24.8 22.14 mg/Kg 89 75-125 Analyte MS MS DUnitResult Qualifier %Rec Spike Added Sample Result Sample Qualifier %Rec. Limits Vanadium 7.32 24.8 31.67 mg/Kg 98 75-125 Zinc 8.68 24.8 36.53 mg/Kg 113 75-125 Client Sample ID: DRYWELL 29'Lab Sample ID: 570-31513-3 MSD Matrix: Solid Prep Type: Total/NA Analysis Batch: 77427 Prep Batch: 77245 Antimony ND F1 24.8 11.79 F1 mg/Kg 47 50-115 3 20 Analyte MSD MSD DUnitResult Qualifier %Rec Spike Added Sample Result Sample Qualifier %Rec. Limits LimitRPD RPD Arsenic 0.981 24.8 24.56 mg/Kg 95 75-125 4 20 Barium 19.9 24.8 45.94 mg/Kg 105 75-125 3 20 Beryllium 0.251 24.8 25.48 mg/Kg 102 75-125 4 20 Cadmium ND 24.8 25.32 mg/Kg 102 75-125 4 20 Chromium 9.52 24.8 33.59 mg/Kg 97 75-125 2 20 Cobalt 2.09 24.8 27.10 mg/Kg 101 75-125 3 20 Copper 3.11 24.8 29.70 mg/Kg 107 75-125 4 20 Lead 9.75 24.8 36.38 mg/Kg 108 75-125 2 20 Molybdenum ND 24.8 24.34 mg/Kg 98 75-125 5 20 Nickel 5.19 24.8 30.91 mg/Kg 104 75-125 2 20 Selenium ND 24.8 22.46 mg/Kg 91 75-125 6 20 Silver ND 12.4 12.39 mg/Kg 100 75-125 3 20 Thallium ND 24.8 23.83 mg/Kg 96 75-125 7 20 Vanadium 7.32 24.8 32.29 mg/Kg 101 75-125 2 20 Zinc 8.68 24.8 34.13 mg/Kg 103 75-125 7 20 Method: 7471A - Mercury (CVAA) Client Sample ID: Method BlankLab Sample ID: MB 570-77253/1-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 77493 Prep Batch: 77253 RL Mercury ND 0.0847 mg/Kg 06/23/20 14:00 06/24/20 09:56 1 MB MB Analyte Dil FacAnalyzedPreparedDUnitResult Qualifier Client Sample ID: Lab Control SampleLab Sample ID: LCS 570-77253/2-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 77493 Prep Batch: 77253 Mercury 0.820 0.8296 mg/Kg 101 85-121 Analyte LCS LCS DUnitResult Qualifier %Rec Spike Added %Rec. Limits Client Sample ID: Lab Control Sample DupLab Sample ID: LCSD 570-77253/3-A Matrix: Solid Prep Type: Total/NA Analysis Batch: 77493 Prep Batch: 77253 Mercury 0.794 0.8039 mg/Kg 101 85-121 3 10 Analyte LCSD LCSD DUnitResult Qualifier %Rec Spike Added %Rec. Limits LimitRPD RPD Eurofins Calscience LLC Page 22 of 29 6/24/2020 1 2 3 4 5 6 7 8 9 10 11 456 QC Sample Results Job ID: 570-31513-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Method: 7471A - Mercury (CVAA) (Continued) Client Sample ID: DRYWELL 29'Lab Sample ID: 570-31513-3 MS Matrix: Solid Prep Type: Total/NA Analysis Batch: 77493 Prep Batch: 77253 Mercury ND 0.806 0.6424 mg/Kg 77 71-137 Analyte MS MS DUnitResult Qualifier %Rec Spike Added Sample Result Sample Qualifier %Rec. Limits Client Sample ID: DRYWELL 29'Lab Sample ID: 570-31513-3 MSD Matrix: Solid Prep Type: Total/NA Analysis Batch: 77493 Prep Batch: 77253 Mercury ND 0.833 0.6821 mg/Kg 79 71-137 6 14 Analyte MSD MSD DUnitResult Qualifier %Rec Spike Added Sample Result Sample Qualifier %Rec. Limits LimitRPD RPD Eurofins Calscience LLC Page 23 of 29 6/24/2020 1 2 3 4 5 6 7 8 9 10 11 457 QC Association Summary Job ID: 570-31513-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive GC/MS VOA Prep Batch: 77047 Lab Sample ID Client Sample ID Prep Type Matrix Method Prep Batch Solid 5030C570-31513-1 PIT 2 BTM 10'Total/NA Solid 5030C570-31513-2 PIT 2 BTM 12'Total/NA Solid 5030C570-31513-3 DRYWELL 29'Total/NA Solid 5030CMB 570-77047/1-A Method Blank Total/NA Solid 5030CLCS 570-77047/2-A Lab Control Sample Total/NA Solid 5030CLCSD 570-77047/3-A Lab Control Sample Dup Total/NA Solid 5030C570-31475-A-1-B MS Matrix Spike Total/NA Solid 5030C570-31475-A-1-C MSD Matrix Spike Duplicate Total/NA Analysis Batch: 77092 Lab Sample ID Client Sample ID Prep Type Matrix Method Prep Batch Solid 8260B 77047570-31513-1 PIT 2 BTM 10'Total/NA Solid 8260B 77047570-31513-2 PIT 2 BTM 12'Total/NA Solid 8260B 77047570-31513-3 DRYWELL 29'Total/NA Solid 8260B 77047MB 570-77047/1-A Method Blank Total/NA Solid 8260B 77047LCS 570-77047/2-A Lab Control Sample Total/NA Solid 8260B 77047LCSD 570-77047/3-A Lab Control Sample Dup Total/NA Solid 8260B 77047570-31475-A-1-B MS Matrix Spike Total/NA Solid 8260B 77047570-31475-A-1-C MSD Matrix Spike Duplicate Total/NA GC Semi VOA Prep Batch: 77166 Lab Sample ID Client Sample ID Prep Type Matrix Method Prep Batch Solid 3550C570-31513-1 PIT 2 BTM 10'Total/NA Solid 3550C570-31513-2 PIT 2 BTM 12'Total/NA Solid 3550C570-31513-3 DRYWELL 29'Total/NA Solid 3550CMB 570-77166/1-A Method Blank Total/NA Solid 3550CLCS 570-77166/2-A Lab Control Sample Total/NA Solid 3550CLCSD 570-77166/3-A Lab Control Sample Dup Total/NA Solid 3550C570-31513-3 MS DRYWELL 29'Total/NA Solid 3550C570-31513-3 MSD DRYWELL 29'Total/NA Analysis Batch: 77189 Lab Sample ID Client Sample ID Prep Type Matrix Method Prep Batch Solid 8015B 77166570-31513-1 PIT 2 BTM 10'Total/NA Solid 8015B 77166570-31513-2 PIT 2 BTM 12'Total/NA Solid 8015B 77166570-31513-3 DRYWELL 29'Total/NA Solid 8015B 77166MB 570-77166/1-A Method Blank Total/NA Solid 8015B 77166LCS 570-77166/2-A Lab Control Sample Total/NA Solid 8015B 77166LCSD 570-77166/3-A Lab Control Sample Dup Total/NA Solid 8015B 77166570-31513-3 MS DRYWELL 29'Total/NA Solid 8015B 77166570-31513-3 MSD DRYWELL 29'Total/NA Metals Prep Batch: 77245 Lab Sample ID Client Sample ID Prep Type Matrix Method Prep Batch Solid 3050B570-31513-1 PIT 2 BTM 10'Total/NA Solid 3050B570-31513-2 PIT 2 BTM 12'Total/NA Solid 3050B570-31513-3 DRYWELL 29'Total/NA Solid 3050BMB 570-77245/1-A Method Blank Total/NA Eurofins Calscience LLC Page 24 of 29 6/24/2020 1 2 3 4 5 6 7 8 9 10 11 458 QC Association Summary Job ID: 570-31513-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Metals (Continued) Prep Batch: 77245 (Continued) Lab Sample ID Client Sample ID Prep Type Matrix Method Prep Batch Solid 3050BLCS 570-77245/2-A Lab Control Sample Total/NA Solid 3050BLCSD 570-77245/3-A Lab Control Sample Dup Total/NA Solid 3050B570-31513-3 MS DRYWELL 29'Total/NA Solid 3050B570-31513-3 MSD DRYWELL 29'Total/NA Prep Batch: 77253 Lab Sample ID Client Sample ID Prep Type Matrix Method Prep Batch Solid 7471A570-31513-1 PIT 2 BTM 10'Total/NA Solid 7471A570-31513-2 PIT 2 BTM 12'Total/NA Solid 7471A570-31513-3 DRYWELL 29'Total/NA Solid 7471AMB 570-77253/1-A Method Blank Total/NA Solid 7471ALCS 570-77253/2-A Lab Control Sample Total/NA Solid 7471ALCSD 570-77253/3-A Lab Control Sample Dup Total/NA Solid 7471A570-31513-3 MS DRYWELL 29'Total/NA Solid 7471A570-31513-3 MSD DRYWELL 29'Total/NA Analysis Batch: 77427 Lab Sample ID Client Sample ID Prep Type Matrix Method Prep Batch Solid 6010B 77245570-31513-1 PIT 2 BTM 10'Total/NA Solid 6010B 77245570-31513-2 PIT 2 BTM 12'Total/NA Solid 6010B 77245570-31513-3 DRYWELL 29'Total/NA Solid 6010B 77245MB 570-77245/1-A Method Blank Total/NA Solid 6010B 77245LCS 570-77245/2-A Lab Control Sample Total/NA Solid 6010B 77245LCSD 570-77245/3-A Lab Control Sample Dup Total/NA Solid 6010B 77245570-31513-3 MS DRYWELL 29'Total/NA Solid 6010B 77245570-31513-3 MSD DRYWELL 29'Total/NA Analysis Batch: 77493 Lab Sample ID Client Sample ID Prep Type Matrix Method Prep Batch Solid 7471A 77253570-31513-1 PIT 2 BTM 10'Total/NA Solid 7471A 77253570-31513-2 PIT 2 BTM 12'Total/NA Solid 7471A 77253570-31513-3 DRYWELL 29'Total/NA Solid 7471A 77253MB 570-77253/1-A Method Blank Total/NA Solid 7471A 77253LCS 570-77253/2-A Lab Control Sample Total/NA Solid 7471A 77253LCSD 570-77253/3-A Lab Control Sample Dup Total/NA Solid 7471A 77253570-31513-3 MS DRYWELL 29'Total/NA Solid 7471A 77253570-31513-3 MSD DRYWELL 29'Total/NA Eurofins Calscience LLC Page 25 of 29 6/24/2020 1 2 3 4 5 6 7 8 9 10 11 459 Method Summary Job ID: 570-31513-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Method Method Description LaboratoryProtocol SW8468260BVolatile Organic Compounds (GC/MS)ECL 2 SW8468015BDiesel Range Organics (DRO) (GC)ECL 1 SW8466010BMetals (ICP)ECL 1 SW8467471AMercury (CVAA)ECL 1 SW8463050BPreparation, Metals ECL 1 SW8463550CUltrasonic Extraction ECL 1 SW8465030CPurge and Trap ECL 2 SW8467471APreparation, Mercury ECL 1 Protocol References: SW846 = "Test Methods For Evaluating Solid Waste, Physical/Chemical Methods", Third Edition, November 1986 And Its Updates. Laboratory References: ECL 1 = Eurofins Calscience LLC Lincoln, 7440 Lincoln Way, Garden Grove, CA 92841, TEL (714)895-5494 ECL 2 = Eurofins Calscience LLC Lampson, 7445 Lampson Ave, Garden Grove, CA 92841, TEL (714)895-5494 Eurofins Calscience LLC Page 26 of 29 6/24/2020 1 2 3 4 5 6 7 8 9 10 11 460 Definitions/Glossary Job ID: 570-31513-1Client: EnviroApplications, Inc. Project/Site: Felder Automotive Qualifiers Metals Qualifier Description F1 MS and/or MSD recovery exceeds control limits. Qualifier Glossary These commonly used abbreviations may or may not be present in this report. ¤Listed under the "D" column to designate that the result is reported on a dry weight basis Abbreviation %R Percent Recovery CFL Contains Free Liquid CFU Colony Forming Unit CNF Contains No Free Liquid DER Duplicate Error Ratio (normalized absolute difference) Dil Fac Dilution Factor DL Detection Limit (DoD/DOE) DL, RA, RE, IN Indicates a Dilution, Re-analysis, Re-extraction, or additional Initial metals/anion analysis of the sample DLC Decision Level Concentration (Radiochemistry) EDL Estimated Detection Limit (Dioxin) LOD Limit of Detection (DoD/DOE) LOQ Limit of Quantitation (DoD/DOE) MCL EPA recommended "Maximum Contaminant Level" MDA Minimum Detectable Activity (Radiochemistry) MDC Minimum Detectable Concentration (Radiochemistry) MDL Method Detection Limit ML Minimum Level (Dioxin) MPN Most Probable Number MQL Method Quantitation Limit NC Not Calculated ND Not Detected at the reporting limit (or MDL or EDL if shown) NEG Negative / Absent POS Positive / Present PQL Practical Quantitation Limit PRES Presumptive QC Quality Control RER Relative Error Ratio (Radiochemistry) RL Reporting Limit or Requested Limit (Radiochemistry) RPD Relative Percent Difference, a measure of the relative difference between two points TEF Toxicity Equivalent Factor (Dioxin) TEQ Toxicity Equivalent Quotient (Dioxin) TNTC Too Numerous To Count Eurofins Calscience LLC Page 27 of 29 6/24/2020 1 2 3 4 5 6 7 8 9 10 11 461 Page 28 of 29 6/24/2020 1 2 3 4 5 6 7 8 9 10 11 462 Login Sample Receipt Checklist Client: EnviroApplications, Inc.Job Number: 570-31513-1 Login Number: 31513 Question Answer Comment Creator: Soriano, Precy List Source: Eurofins Calscience List Number: 1 N/ARadioactivity wasn't checked or is </= background as measured by a survey meter. TrueThe cooler's custody seal, if present, is intact. TrueSample custody seals, if present, are intact. TrueThe cooler or samples do not appear to have been compromised or tampered with. TrueSamples were received on ice. TrueCooler Temperature is acceptable. TrueCooler Temperature is recorded. TrueCOC is present. TrueCOC is filled out in ink and legible. TrueCOC is filled out with all pertinent information. TrueIs the Field Sampler's name present on COC? TrueThere are no discrepancies between the containers received and the COC. TrueSamples are received within Holding Time (excluding tests with immediate HTs) TrueSample containers have legible labels. TrueContainers are not broken or leaking. TrueSample collection date/times are provided. TrueAppropriate sample containers are used. TrueSample bottles are completely filled. TrueSample Preservation Verified. TrueThere is sufficient vol. for all requested analyses, incl. any requested MS/MSDs TrueContainers requiring zero headspace have no headspace or bubble is <6mm (1/4"). TrueMultiphasic samples are not present. TrueSamples do not require splitting or compositing. N/AResidual Chlorine Checked. Eurofins Calscience Page 29 of 29 6/24/2020 1 2 3 4 5 6 7 8 9 10 11 463 464 465 466 467 468 469 470 471 Public Notification Package – 210 Pacific Coast Highway Poster Visible from 2nd Street 472 Poster Visible from Pacific Coast Highway 473 City of Hermosa Beach PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Hermosa Beach shall hold a public hearing on Tuesday, May 21, 2024 at 7:00 PM to consider the following: 1. PARKING PLAN (23-01) AND VARIANCE (23-03) FOR A NEW 975-SQUARE-FOOT SINGLE- FAMILY DWELLING WITH A VARIANCE TO ALLOW A NINE-FOOT GARAGE SETBACK INSTEAD OF 17 FEET AND A VARIANCE TO ALLOW THE REQUIRED OPEN SPACE TO BE PROVIDED IN A DIFFERENT RATIO THAN REQUIRED; AND A PARKING PLAN TO ALLOW A RECONFIGURED GUEST PARKING SPACE AT 435 8TH STREET IN THE MULTIPLE-FAMILY RESIDENTIAL ZONE. 2. CONDITIONAL USE PERMIT AMENDMENT REQUEST (APE22-05) TO ALLOW ONSITE SERVICE OF BEER, WINE, AND SPIRITS IN THE FIRST-FLOOR LOUNGE AREA BETWEEN 7AM AND 10PM, AND ON THE THIRD-FLOOR DECK BETWEEN 9AM AND 9PM, TO GUESTS AND REGISTERED GUESTS ANT THEIR GUESTS, AT AN EXISTING HOTEL (H2O HOTEL) LOCATED AT 1429 HERMOSA AVENUE, AND DETERMINATION THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). 3. A CONDITIONAL USE PERMIT (CUP23-13) TO ALLOW A 7,214-SQUARE-FOOT PRESCHOOL AND DAYCARE WITH AN OUTDOOR PLAY AREA AT 210 PACIFIC COAST HIGHWAY IN THE SPECIFIC PLAN AREA (SPA) - 7 ZONE, AND DETERMINE THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PER SECTION 15303, CLASS 3 OF THE CEQA GUIDELINES FOR A PROJECT INVOLVING THE CONVERSION OF EXISTING STRUCTURES FROM ONE USE TO ANOTHER. 4. A ZONE TEXT AMENDMENT (TA 24-02) TO AMEND TITLE 17 OF THE HERMOSA BEACH MUNICIPAL CODE FOR HOUSING ELEMENT-RELATED REGULATIONS PERTAINING TO MIXED-USE DEVELOPMENT, REVIEW PROCESSES, AND MULTI-FAMILY RESIDENTIAL PARKING REQUIREMENTS AND DETERMINE THAT THE ZONE TEXT AMENDMENT IS CONSISTENT WITH THE PLAN HERMOSA ENVIRONMENTAL IMPACT REPORT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. Environmental Determination: Pursuant to the California Environmental Quality Act, the previously-adopted set of Housing-Element related Zoning Text Amendments were evaluated for consistency with the certified PLAN Hermosa Environmental Impact Report (EIR). An EIR Addendum was prepared in September 2023, pursuant to CEQA Guidelines Section 15162. The evaluation found that the proposed ZTA would not trigger any of the conditions set forth in State CEQA Guidelines Section 15162, as the changes would not result in any new significant environmental impacts nor substantially increase the severity of any significant impacts described in the PLAN Hermosa EIR, certified on August 22, 2017. ZTA 24-02 was evaluated in accordance with the Addendum and found to be consistent with prior findings. SAID PUBLIC MEETING is open to the public and being held in-person in the City Hall Council Chambers located at 1315 Valley Drive, Hermosa Beach, CA 90254. Public comment is only guaranteed to be taken in person at City Hall during the meeting or prior to the meeting by submitting an eComment, email or letter for an item on the agenda. As a courtesy only, the public may view and participate on action items listed on the agenda via the following: 474 ZOOM - https://us02web.zoom.us/j/82539742028?pwd=OUNTRDNvd2l6TzBpTDljc2x6bGFwdz09 Meeting ID: 825 3974 2028 Password: 207860 PHONE - Toll Free: (833) 548-0276; Meeting ID: : 825 3974 2028, then #; Passcode: 207860 PLEASE BE ADVISED that while the City will endeavor to ensure these remote participation methods are available, the City does not guarantee that they will be technically feasible or work all the time. Further, the City reserves the right to terminate these remote participation methods (subject to Brown Act restrictions) at any time and for whatever reason. Please attend in person or by submitting an eComment prior to the meeting to ensure your public participation. To guarantee live time viewing and/or public participation, members of the public shall attend in Council Chambers. CABLE TV - Spectrum Channel 8 and Frontier Channel 31 in Hermosa Beach YOUTUBE - https://www.youtube.com/c/CityofHermosaBeach90254 LIVE STREAM - www.hermosabeach.gov and visit the Agendas/Minutes/Videos page To comply with the Americans with Disabilities Act of 1990, Assistive Listening Devices (ALD) are available for check out at the meeting. If you require special assistance to participate in this meeting, you must call or email the Office of the City Clerk at (310) 318-0204 or at cityclerk@hermosabeach.gov at least 48 hours before the meeting. IF YOU 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 above-listed departments at, or prior to, the public meeting. FOR FURTHER INFORMATION, please contact the Community Development Department at (310) 318-0235 or CommunityDevelopment@hermosabeach.gov. Department hours are 7:00 AM to 6:00 PM, Monday-Thursday. A copy of the agenda and staff report(s) will be available for public review 72 hours in advance of the meeting on the City’s website at www.hermosabeach.gov. Carrie Tai, AICP Director of Community Development 475 476 477 From:Michael Moretti moretti4u@gmail.com Subject:210 PCH Date:November 8, 2023 at 3:44 PM To:amir@pacificdevelopments.com Hello Amir, Just received your letter today and I do have some questions. I live at 835 2nd Street, so my house is right next door to the lot you are wanting to develop. There is currently a large wall that separates to two properties from each other and I'm curious about the plans for the current building as well as the wall. I would prefer the wall stay up as it would prevent noise coming from the preschool which is a huge concern for me as I work from home. Part of my business is actually recording my voice inside my office as well as other areas of my house, so noise is a big issue for me. Are you planning to create a playground atmosphere as well? Thank you for providing your information to contact you. It is very much appreciated. -- - Michael Moretti @moretti Moretti.com 478 From:Amir Mikhail amir@pacificdevelopments.com Subject:Re: 210 PCH Date:November 8, 2023 at 3:53 PM To:Michael Moretti moretti4u@gmail.com Hi Michael,  Great to hear from you. We are planning to keep the wall to provide privacy to your residence and prevent any potential noise.  The wall goes as high as 16 ft and we understand the need to keep it. We are planning to utilize existing building (after remodels).  We are happy to work with you and make sure any future plans to consider you/other neighbors concerns. Feel free to contact my cell directly if you have any questions.  - Amir  On Nov 8, 2023, at 3:43 PM, Michael Moretti <moretti4u@gmail.com> wrote: Hello Amir, Just received your letter today and I do have some questions. I live at 835 2nd Street, so my house is right next door to the lot you are wanting to develop. There is currently a large wall that separates to two properties from each other and I'm curious about the plans for the current building as well as the wall. I would prefer the wall stay up as it would prevent noise coming from the preschool which is a huge concern for me as I work from home. Part of my business is actually recording my voice inside my office as well as other areas of my house, so noise is a big issue for me. Are you planning to create a playground atmosphere as well? Thank you for providing your information to contact you. It is very much appreciated. -- - Michael Moretti @moretti Moretti.com 479 From:Okells Fireplace To:Amir Mikhail; aoropeza@hrmosabeach.gov; Johnathon Masi; richarddigiorgio Subject:210 PCH Date:Tuesday, February 13, 2024 11:42:10 AM You don't often get email from info.okells@gmail.com. Learn why this is important I'm Richard DiGiorgio, owner of Saint Rocke and Okell's property. Also owner of Okell's Fireplace business.I don't see a problem with a Childrens Daycare going into Mike Felders former property. I even agreed to let them use our parking lot for IN and OUT traffic, I believe this would be anice addition to the community. Richard DiGiorgio 480 From:Dimitri Amiridis bravopainting@msn.com Subject:Proposed CUP at 210 PCH Date:February 15, 2024 at 4:15 PM To:aoropeza@hermosabeach.gov Cc:jmasi@hermosabeach.gov,amir@pacificdevelopments.com Dear Alexis,  We’re the owners of the building located at 250 PCH and we’re writing to you to express our support for the proposed CUP at 210 PCH. We are immediately adjacent to 210 PCH and we believe the preschool use is an excellent fit for the site and will provide great service to the residents of our neighborhood.  Please consider approving this project as it has our full support. Regards, Dimitri Amiridis 310-922-1798 481 From:Johnathon Masi jmasi@hermosabeach.gov Subject:RE: Proposed CUP at 210 PCH Date:February 15, 2024 at 5:08 PM To:Dimitri Amiridis bravopainting@msn.com,Alexis Oropeza aoropeza@hermosabeach.gov Cc:amir@pacificdevelopments.com Some people who received this message don't often get email from bravopainting@msn.com. Learn why this is important Hi Dimintri,   Thank you for providing a comment on the proposed project. When the item is scheduled for a public hearing, your comment will be added to the public record for Planning Commission consideration.   Thanks,   Johnathon Masi | Assistant Planner City of Hermosa Beach o: 310-318-0243 e: jmasi@hermosabeach.gov   Office Hours: Monday – Thursday 7:00 AM – 6:00 PM Planning Counter Hours: Monday – Thursday 7:00 AM – 6:00 PM   From: Dimitri Amiridis <bravopainting@msn.com> Sent: Thursday, February 15, 2024 4:15 PM To: Alexis Oropeza <aoropeza@hermosabeach.gov> Cc: Johnathon Masi <jmasi@hermosabeach.gov>; amir@pacificdevelopments.com Subject: Proposed CUP at 210 PCH   Dear Alexis,    We’re the owners of the building located at 250 PCH and we’re writing to you to express our support for the proposed CUP at 210 PCH. We are immediately adjacent to 210 PCH and we believe the preschool use is an excellent fit for the site and will provide great service to the residents of our neighborhood.    Please consider approving this project as it has our full support.   Regards,   Dimitri Amiridis 310-922-1798 482 From:Okells Fireplace info.okells@gmail.com Subject:210 PCH Date:February 13, 2024 at 11:42 AM To:Amir Mikhail amir@pacificdevelopments.com,aoropeza@hrmosabeach.gov,jmasi@hermosabeach.gov,richarddigiorgio richarddigiorgio@yahoo.com I'm Richard DiGiorgio, owner of Saint Rocke and Okell's property. Also owner of Okell's Fireplace business. I don't see a problem with a Childrens Daycare going into Mike Felders former property. I even agreed to let them use our parking lot for IN and OUT traffic, I believe this would be a nice addition to the community. Richard DiGiorgio 483 From:Alexis Oropeza aoropeza@hermosabeach.gov Subject:RE: 210 PCH Date:February 13, 2024 at 5:30 PM To:Okells Fireplace info.okells@gmail.com,Amir Mikhail amir@pacificdevelopments.com,Johnathon Masi jmasi@hermosabeach.gov ,richarddigiorgio richarddigiorgio@yahoo.com Some people who received this message don't often get email from info.okells@gmail.com. Learn why this is important Richard DiGiorgio, Thank you for taking the time to submit your comments on the proposed project. Your comment will be added to the project file and forwarded to the Planning Commission for their consideration once the project is scheduled for a public hearing.   Sincerely,     Alexis Oropeza |Planning Manager City of Hermosa Beach 1315 Valley Dr., Hermosa Beach, CA 90254 o: 310-318-0241 e: aoropeza@hermosabeach.gov hermosabeach.gov Facebook | Instagram | LinkedIn | Twitter | YouTube Download the Go Hermosa app for service requests. Subscribe to E-Notifications     From: Okells Fireplace <info.okells@gmail.com> Sent: Tuesday, February 13, 2024 11:46 AM To: Amir Mikhail <amir@pacificdevelopments.com>; Alexis Oropeza <aoropeza@hermosabeach.gov>; Johnathon Masi <jmasi@hermosabeach.gov>; richarddigiorgio <richarddigiorgio@yahoo.com> Subject: Fwd: 210 PCH           I'm Richard DiGiorgio, owner of Saint Rocke and Okell's property. Also owner of Okell's Fireplace business. I don't see a problem with a Childrens Daycare going into Mike Felders former property. I even agreed to let them use our parking lot for IN and OUT traffic, I believe this would be a nice addition to the community.   Richard DiGiorgio 484 Maddie O'Connor Guest 485 Rachel Hayes 486 Anna Simonenko 487 Amanda Hromadka 2nd street 210 PCH (on the corner of 2nd & PCH) into a childcare center, with plans for up to 98 students being dropped off mainly at commute time We live on a one-way street with no other EXIT how is this going to work? Traffic will be backed up the hill during drop off and pick up. 488 Vincent Busam 489 Maddie O’Connor The city's Staff Report identifies the proposed 70/77/98 childcare center at 210 PCH (old Auto body shop) "applicant" as Amir Mikhail of South Bay Equity LLC /Pacific Development (Santa Monica) which the Project Plans identify as the actual property/building owner even though Mr. Mikhail's address shown on the Plans does not seem to list his company (?) https://www.bizapedia.com/addresses/1721-stewart-st-santa-monica-ca-90404.html The Plans list Amir Caspian of Maple Tree School (SM) as the tenant who will run this childcare center for 6month - 6 year old children. It would be so helpful to know if this tenant (Amir Caspian) owns/runs any other childcare centers and if so where? I did find one in Los Feliz/Hollywood: https://www.yelp.com/biz/maple-tree-academy-los-feliz-hollywood-los- angeles?osq=Maple+Tree+Academy&override_cta=Request+a+consultation&rr=2 It appears Mr and Mrs Caspian started Maple Tree Academy in Sarasota Florida 2-3 years ago: https://www.floridacompanysearch.com/company/P22000006607/ Glancing at the Plans I was wondering why the Vicinity Map calls out the location of the Hermosa Beach school as 11827 Venice Blvd LA, does not list the Project's Traffic Engineer Mr Raju as one of the Project Professionals and states that the building will not have fire sprinklers? Has the city's Fire Chief reviewed these Plans? 490 Teri Jones 491 Elizabeth Harsch 492 From: cynthia furnberg <cfurnberg@yahoo.com> Subject: 210 PCH, Hearing Tues Date: May 19, 2024 at 4:22:38 PM PDT To: "mrice@hermosabeach.gov" <mrice@hermosabeach.gov>, "phoffman@hermosabeach.gov" <phoffman@hermosabeach.gov>, "sizant@hermosabeach.gov" <sizant@hermosabeach.gov>, "dpedersen@hermosabeach.gov" <dpedersen@hermosabeach.gov>, "khirsch@hermosabeach.gov" <khirsch@hermosabeach.gov> Hi, Attached is my opposition. Thank you for your consideration and attention to this matter, Cynthia Furnberg 493 Honorable Commissioners: This plan is not CEQA exempt: HBMC§17.40.110 (3)(A) requires 1 parking sprot per 7 children and HBMC 17.40.110 (3)(C) also requires “adequate space for loading and unloading of children shall be available or shall be provided on the site”, and the applicant has not complied with subsection (3)(C). On 4/18/24, Lucho Rodriquez from Public Works sent a letter to the applicant stating that 3 loading spaces were insufficient, and it would cause queuing to occur on 2nd St. since there is no parking isle/for drop-offs, causing back-ups on 2nd preventing Emergency vehicle access, which requires a CEQA study. The letter advises that the applicant should speak with the owner of the lot across the street at Saint Rocke/O’Kelles to work with them to handle all the extra parking needed to drop off children, and that a new traffic study is needed as drop-offs could be more that 5 min. (See attachment at the end.) The image below represents what the traffic volume will be with the current plan with only 3 loading spots, based on local count at Children’s Journey Daycare on PCH, that only has a max of 66 kids. At Children’s Journey on 5/17, there were 8 employee cars and 14 cars for parents in their lot at 8:10. These parent cars were there for an average of 8.8 min. Many of the cars where there for 10-14 min. You also must add in all the residents on 2nd that have to use a one-way street that forces them to go west to go to work: A new traffic report was summitted modifying all the numbers, but the fact that parents for at least 77 children (and up to 98 kids per the initial application) are all going to arrive at rush hour on 2nd St and will cause back- ups: 1. On PCH for those traveling South and turning left onto 2nd to enter the lot as the PCH left-hand turn lane which is only 20 feet. 494 2. On PCH for those traveling North and turning right onto 2nd to enter the lot. The initial part of 2nd is two-way street where it meets PCH, and then becomes a one-way street, but there isn’t room for two-way traffic when cars are parked at the mouth of 2nd street where it joins PCH. As you can see in this photo looking west on 2nd, where there is a silver car parked on the left preventing the white Audi from entering, when the cars are waiting for the red light to turn green. 3. On 2nd St for those traveling East on 2nd crossing PCH to enter the lot on 2nd 4. On 2nd St for those traveling West on 2nd waiting to get into the lot along with residents leaving on a one-way west street to go to work. None of this was properly considered in the traffic report. The applicant is not choosing to modify the building footprint at all to add parking in the front for loading to comply with the law and make this safe for the residents on 2nd to obtain emergency city access at peak times, but is asking permission from the city to remove 21 parking spots from the east end of this huge lot! With Children’s Journey Day Care on PCH, they followed the law and have the proper amount of loading/unloading with a total of 22 parking spots for a max of 66 kids (per Winnie.com). This equates to up to 9 spots for employees plus 13 more spots for loading/unloading, with one entrance from a large two-way street (Pearl), and arrows directing for one exit onto PCH: 495 The applicant is comparing itself to the CUP for Our Lady of Guadalupe Church preschool. Again, look at how much parking and all the room for loading and unloading on their lot, and their entrance is on 5th, and the exit is on Massey: The applicant has not proposed a plan that complies with 17.40 C3 and is not exempt from CEQA, due to traffic that will back up on 2nd preventing firetruck access in the case of a fire, or paramedic access for the for the residents on 2nd (connecting with PCH). If there is a fire or 911 emergency and there is loss of life or property, the city will be liable for considering this project CEQA exempt and approving the CUP when the loading does not conform to the law or the normal standard for these facilities. Having the entrance and exit for loading all on 2nd St with cars trying to crossover each other to enter and back out into each other, as they try to leave and re-enter 2nd St into a long line of cars queuing on 2nd will cause chaos. Once the CUP is given, the building parameters are set and there is no room to add proper parking for loading and unloading. On 5/17, my husband monitored drop-offs at Childrens Journey from the hours of 7:53 to 8:32am (and then my husband had to leave for work), there were at least 9 parent cars the whole time ranging up to 14 parent cars. If this was on 2nd, it would cause a back-ups that entire time on 2nd (and probably up 496 to about 9:15). That is 40 min and probably and hour in the morning preventing emergency access, and causing delays to the 2nd St residents to get to work. The traffic report has fatal flaws, in that the peak is not from 7-8am and starts after 7:53, and the drop offs are not 5 minutes. The drop offs observed at Children’s Journey from 6:46 am to 8:32 am had 55 parent cars, and the drop offs lasted up to 24 min (which was probably a new registration or a tour). Out of the 55 parent cars, 20 of them took 9 min or longer, 14 of them took 10-14 min. (This is the data in minutes of those cars: 3,4,4,4,5,5,5,5,6,6,6,6,6,6,6,6,7,7,7,7,7,8,8,8,8,9,9,9,9,9,10,10,10,10,10,11,11,11,11,12,12,13,13,14,24). Not one parent walked their child to the facility, as assumed in the proposed CUP, and should be removed. The whole reason parents use daycare is because they need to be at work, so they won’t take the time to walk to the daycare, then walk home, and then try to get to work on time. I advise that you do the same observation at Children’s Journey, and you’ll see what the true data is. This facility only has 66 kids versus 77, so the numbers will be even worse on 2nd St. This business would be doomed to fail with parents that need to do drop offs from 7:53 to 8:32 due to all the back ups and lack of access to the facility. The traffic report is based on including drop-offs on PCH. At the end of the report, it gives the alternative of having all the loading/unloading on 2nd, which is the current option that is being presented to you to try to avoid back-ups on PCH. This switch to the drop offs on 2nd to avoid back-ups on PCH is an admission that the loading and unloading is insufficient. Why would you need to change it otherwise. So, they want to transfer this burden of back-ups and discriminate against the residents of 2nd St that must travel west to go to work, causing a hazard. They didn’t think this through as there will still be back-ups on PCH for those traveling north on PCH turning right onto 2nd and can’t enter due to parked cars not allowing enough room on 2nd to enter (See picture on pg 2), except when the light changes, but there will be so much queuing on 2nd, that will be very difficult. There will also be back-ups on PCH for those turning left on to 2nd with a 20’ left hand turn lane that is only for 2 cars. So, this switch to putting all the loading on 2nd does not achieve the intended goal. For 77 kids, if you assume 1/3 infants (law requires 1:3 adult-infant ratio), 1/3, toddler (1:4), and 1/3 preschool (1:8), it would require 18 staff members, not including teachers (1:24 ratio) or any admin staff (CA Code Regs Tit. 5 §18290). So, this is not a situation in which you should readily approve giving up 21 parking spots on a huge lot, when the plan has insufficient parking for loading and unloading. The HBMC requires 11 spots per 7 kids (which would be for staff) plus proper loading and unloading. It is two- pronged requirement. For instance, the unincorporated areas of LA Co require a parking spot for each staff member, plus a ratio per child, plus the proper loading and unloading area. The applicant is trying to double dip and merge the loading space into the required parking spots, and still ask you to approve removing 21 parking spots from the site. 497 Redondo Beach, RBMC 102.1706 (a) (1), also requires “one space per employee, PLUS drop-off and pick-up areas as determined necessary based on the center’s maximum capacity. Hermosa Beach explicitly wrote the law with 2 subsections (section a and c on pg 1), which prevents double dipping of the parking requirement and the loading/unloading requirement. The applicant has not provided the separate loading and unloading on top of the other parking requirement, so the application shouldn’t have even made it to a hearing In the first draft of CUP/Parking Plan Analysis & Findings, the applicant is wants to increase the day care to 98 kids (and with the current plan would allow for 144 kids), but since the first draft, they deleted the end of the 2nd sentence re: 98 kids, and even left it blank on your current copy (without moving up the next sentence): What control measure will be put in place to prevent more than 77 kids at the daycare. This also needs to be part of the CUP. They only want to get the interior square footage from the back of the building to grow the facility larger, violating the CUP for 77 kids. The CUP (4.c.) states that if there is substantiated complaints of excessive traffic, the city engineer “may” request a hearing, which should be changed to “shall” request a hearing. Also, there should be a monitoring system in which they have to show proof of enrollment to the city to stay in compliance. Loading/unloading Amelioration: A more appropriate plan would be to have all 5 spots for drop offs on PCH, along with 2-spots on 2nd. The two front tandem spots would be for staff (minus 2 at the entrance to back parking lot to enter garages), along with retaining the garages for staff for 12 spots. In their plan, you can see where there are existing garages that they have enclosed (and also build out the front garage to extend all the way to the east of the lot to add even more interior space!) They have a corridor behind the garages leading to an exit to the playground on the east end and there is already a metal door on the west end. 498 There is an entrance for the cars to access the garages on the West side with a pull up door on the cinderblock fence. According to the CUP findings, staff would arrive prior to the opening of the business and play yard will only be used from 10am – 4pm, and not that whole time (per CUP/Parking plan analysis and findings): The applicant can install GeoGrid or similar “driveable grass” if they wanted grass in front of the garages. Here is a sample picture to the left. The apllicant only needs 2,695 interior sq ft for the day care for 77 kids (77 x 35 sq ft), so they do not need to be asking to enclose these 3 garages to get 7,214 sg ft. Keeping the back garages allows for 12 spots (8 as tandem) for staff that is sorely needed to free up spots in the front of the lot for unloading and loading! This would still give the applicant more interior sq ft than is needed (4,094 sq ft). You’ll note that the plans show that only the front of the building is needed for 80 kids. The 7 loading spots in the front will still not be enough on at peak times, so the Okell’s lot should also be used for the extra 7 loading spots that will be needed. The owner of O’Kelles offered the use of his lot back in Feb (see email below), but the applicant has not pursued this/made this part of the application. This would require the applicant to get a signed lease to use this lot from 7:00am to 9:00am and from 4:30pm to 6:00pm, along with the continuation of the lease being on file with the city as part of a condition to the CUP. As you can see, Okell’s only provides up to 9 more spots, as there are generally trucks on the South side of that lot, and some of the 9 will be used by Okell’s patrons when kids will be picked up. Otherwise, the applicant would need to demo the entire front part of the building to add 12 more parking spots for loading, rather than asking the city to give up 21 parking spots from this huge lot (three garages for 12 cars, and parking for at least 9 more cars) on the southeast corner)! 499 The applicant is also proposing to cut into the cinderblock fence (which will probably ruin it as it is so old) to create an extra gate at the northeast corner, which is not needed. This will reduce the sound amelioration and will encourage parents to park illegally in the red on 2nd St to drop their kids off at that gate. This should be removed from the plan, as there is already a door on the cinderblock fence on the west side (as depicted), and removing the stairway to the extra gate would allow for more play area. Additionally, the community petitioned previously to get more notice for these hearing and get the reports sooner, for the commissioners and the residents, as the applicant files all this data with the city for months in advance and gives an unfair advantage against the residents receiving such short notice. The city clerk said there was no need for that, and that she promised to always load all projects onto the community development part of the city’s website (which I’m sure you remember), well in advance of the hearing. This of course was not done, leaving many residents in the dark. Again, the staff report is not posted until the Thursday before the hearing, and should be posted much earlier for the benefit of the commissioners/residents. One neighbor got a letter from the developer, so he requested documents from the city in February and didn’t get anything until 5/15, and still has not received the rest of what he asked for because the city attorney is still reviewing the emails regarding the development. It’s just as bad as it ever was. This application should be denied, Cynthia Furnberg 500 Attachment: 501 From: Amir Mikhail <amir@pacificdevelopments.com> Date: May 20, 2024 at 11:14:32 AM PDT To: Peter Hoffman <phoffman@hermosabeach.gov>, Marie Rice <mrice@hermosabeach.gov>, David Pedersen <dpedersen@hermosabeach.gov>, Kate Hirsh <khirsh@hermosabeach.gov>, Stephen Izant <sizant@hermosabeach.gov> Subject: 210 PCH opposition letter Good morning, We received the attached opposition letter from planning, and although we are ready to address that during the hearing, below are a few important points that clarifies the concerns raised in the opposition letter: • As mentioned in the staff report, the project is exempt from CEQA. Utilizing existing building and covert to daycare would actually have a positive impact on the neighborhood (governor’s office of planning and research) o under VMT Mitigation and Alternatives section that potential measures to reduce vehicle miles traveled include the following:  Increase access to common goods and services, such as groceries, schools, and daycare. o Retail use (allowed by right) generates more trips than a daycare use. • The letter from Lucho Rodrigues was part of the back-and-forth review comments and it was addressed with a subsequent new traffic count/studay collected after that letter was issued o The city engineer reviewed the updated report and were satisfied with the results o The number of loading spaces is sufficient per traffic study prepared by a licensed traffic engineer • The images, analysis, and narrative in the opposition letters are not accurate and professional studies prepared for the project addresses them; o We have indicated that there will be a scheduled pick-up and drop-offs o Not all parents are required to drop-off/pick-up at the same time like a typical school. We will arrange that by age groups, and time windows o The 77 students is the maximum number per HBMC based on 11 parking spaces provided, this is not the number we anticipate every single day (usually lower)  We prepared the studies based on worst case scenario o Many factors are considered such as walkability, more than one child in a single car • The building area (sq. Footage) has not increased, it’s the same sq. footage. We relocated a detached small building to be built attached to the main building to create an open yard o Open space is required for daycare by the state and is essential to operate daycare business • The adjacent property owner (Okell's fireplace) offered to use their lot as a kind gesture o We have sufficient parking onsite to accommodate the daycare use o Double-dipping and use Okells required parking is not permitted o Okell's owner would not give away their valuable parking rights permanently to anyone • Ms Furnberg suggested the demolition of the front building, this is not needed and not feasible for any project o All proposed work has been reviewed and approved by CA professional engineer (traffic, structural, acoustic….etc), in addition to the city engineer peer review. Please let me know if you have any questions or concerns. Kind regards, Amir Mikhail 502 Honorable Commissioners: This plan is not CEQA exempt: HBMC§17.40.110 (3)(A) requires 1 parking sprot per 7 children and HBMC 17.40.110 (3)(C) also requires “adequate space for loading and unloading of children shall be available or shall be provided on the site”, and the applicant has not complied with subsection (3)(C). On 4/18/24, Lucho Rodriquez from Public Works sent a letter to the applicant stating that 3 loading spaces were insufficient, and it would cause queuing to occur on 2nd St. since there is no parking isle/for drop-offs, causing back-ups on 2nd preventing Emergency vehicle access, which requires a CEQA study. The letter advises that the applicant should speak with the owner of the lot across the street at Saint Rocke/O’Kelles to work with them to handle all the extra parking needed to drop off children, and that a new traffic study is needed as drop-offs could be more that 5 min. (See attachment at the end.) The image below represents what the traffic volume will be with the current plan with only 3 loading spots, based on local count at Children’s Journey Daycare on PCH, that only has a max of 66 kids. At Children’s Journey on 5/17, there were 8 employee cars and 14 cars for parents in their lot at 8:10. These parent cars were there for an average of 8.8 min. Many of the cars where there for 10-14 min. You also must add in all the residents on 2nd that have to use a one-way street that forces them to go west to go to work: A new traffic report was summitted modifying all the numbers, but the fact that parents for at least 77 children (and up to 98 kids per the initial application) are all going to arrive at rush hour on 2nd St and will cause back- ups: 1. On PCH for those traveling South and turning left onto 2nd to enter the lot as the PCH left-hand turn lane which is only 20 feet. 503 2. On PCH for those traveling North and turning right onto 2nd to enter the lot. The initial part of 2nd is two-way street where it meets PCH, and then becomes a one-way street, but there isn’t room for two-way traffic when cars are parked at the mouth of 2nd street where it joins PCH. As you can see in this photo looking west on 2nd, where there is a silver car parked on the left preventing the white Audi from entering, when the cars are waiting for the red light to turn green. 3. On 2nd St for those traveling East on 2nd crossing PCH to enter the lot on 2nd 4. On 2nd St for those traveling West on 2nd waiting to get into the lot along with residents leaving on a one-way west street to go to work. None of this was properly considered in the traffic report. The applicant is not choosing to modify the building footprint at all to add parking in the front for loading to comply with the law and make this safe for the residents on 2nd to obtain emergency city access at peak times, but is asking permission from the city to remove 21 parking spots from the east end of this huge lot! With Children’s Journey Day Care on PCH, they followed the law and have the proper amount of loading/unloading with a total of 22 parking spots for a max of 66 kids (per Winnie.com). This equates to up to 9 spots for employees plus 13 more spots for loading/unloading, with one entrance from a large two-way street (Pearl), and arrows directing for one exit onto PCH: 504 The applicant is comparing itself to the CUP for Our Lady of Guadalupe Church preschool. Again, look at how much parking and all the room for loading and unloading on their lot, and their entrance is on 5th, and the exit is on Massey: The applicant has not proposed a plan that complies with 17.40 C3 and is not exempt from CEQA, due to traffic that will back up on 2nd preventing firetruck access in the case of a fire, or paramedic access for the for the residents on 2nd (connecting with PCH). If there is a fire or 911 emergency and there is loss of life or property, the city will be liable for considering this project CEQA exempt and approving the CUP when the loading does not conform to the law or the normal standard for these facilities. Having the entrance and exit for loading all on 2nd St with cars trying to crossover each other to enter and back out into each other, as they try to leave and re-enter 2nd St into a long line of cars queuing on 2nd will cause chaos. Once the CUP is given, the building parameters are set and there is no room to add proper parking for loading and unloading. On 5/17, my husband monitored drop-offs at Childrens Journey from the hours of 7:53 to 8:32am (and then my husband had to leave for work), there were at least 9 parent cars the whole time ranging up to 14 parent cars. If this was on 2nd, it would cause a back-ups that entire time on 2nd (and probably up 505 to about 9:15). That is 40 min and probably and hour in the morning preventing emergency access, and causing delays to the 2nd St residents to get to work. The traffic report has fatal flaws, in that the peak is not from 7-8am and starts after 7:53, and the drop offs are not 5 minutes. The drop offs observed at Children’s Journey from 6:46 am to 8:32 am had 55 parent cars, and the drop offs lasted up to 24 min (which was probably a new registration or a tour). Out of the 55 parent cars, 20 of them took 9 min or longer, 14 of them took 10-14 min. (This is the data in minutes of those cars: 3,4,4,4,5,5,5,5,6,6,6,6,6,6,6,6,7,7,7,7,7,8,8,8,8,9,9,9,9,9,10,10,10,10,10,11,11,11,11,12,12,13,13,14,24). Not one parent walked their child to the facility, as assumed in the proposed CUP, and should be removed. The whole reason parents use daycare is because they need to be at work, so they won’t take the time to walk to the daycare, then walk home, and then try to get to work on time. I advise that you do the same observation at Children’s Journey, and you’ll see what the true data is. This facility only has 66 kids versus 77, so the numbers will be even worse on 2nd St. This business would be doomed to fail with parents that need to do drop offs from 7:53 to 8:32 due to all the back ups and lack of access to the facility. The traffic report is based on including drop-offs on PCH. At the end of the report, it gives the alternative of having all the loading/unloading on 2nd, which is the current option that is being presented to you to try to avoid back-ups on PCH. This switch to the drop offs on 2nd to avoid back-ups on PCH is an admission that the loading and unloading is insufficient. Why would you need to change it otherwise. So, they want to transfer this burden of back-ups and discriminate against the residents of 2nd St that must travel west to go to work, causing a hazard. They didn’t think this through as there will still be back-ups on PCH for those traveling north on PCH turning right onto 2nd and can’t enter due to parked cars not allowing enough room on 2nd to enter (See picture on pg 2), except when the light changes, but there will be so much queuing on 2nd, that will be very difficult. There will also be back-ups on PCH for those turning left on to 2nd with a 20’ left hand turn lane that is only for 2 cars. So, this switch to putting all the loading on 2nd does not achieve the intended goal. For 77 kids, if you assume 1/3 infants (law requires 1:3 adult-infant ratio), 1/3, toddler (1:4), and 1/3 preschool (1:8), it would require 18 staff members, not including teachers (1:24 ratio) or any admin staff (CA Code Regs Tit. 5 §18290). So, this is not a situation in which you should readily approve giving up 21 parking spots on a huge lot, when the plan has insufficient parking for loading and unloading. The HBMC requires 11 spots per 7 kids (which would be for staff) plus proper loading and unloading. It is two- pronged requirement. For instance, the unincorporated areas of LA Co require a parking spot for each staff member, plus a ratio per child, plus the proper loading and unloading area. The applicant is trying to double dip and merge the loading space into the required parking spots, and still ask you to approve removing 21 parking spots from the site. 506 Redondo Beach, RBMC 102.1706 (a) (1), also requires “one space per employee, PLUS drop-off and pick-up areas as determined necessary based on the center’s maximum capacity. Hermosa Beach explicitly wrote the law with 2 subsections (section a and c on pg 1), which prevents double dipping of the parking requirement and the loading/unloading requirement. The applicant has not provided the separate loading and unloading on top of the other parking requirement, so the application shouldn’t have even made it to a hearing In the first draft of CUP/Parking Plan Analysis & Findings, the applicant is wants to increase the day care to 98 kids (and with the current plan would allow for 144 kids), but since the first draft, they deleted the end of the 2nd sentence re: 98 kids, and even left it blank on your current copy (without moving up the next sentence): What control measure will be put in place to prevent more than 77 kids at the daycare. This also needs to be part of the CUP. They only want to get the interior square footage from the back of the building to grow the facility larger, violating the CUP for 77 kids. The CUP (4.c.) states that if there is substantiated complaints of excessive traffic, the city engineer “may” request a hearing, which should be changed to “shall” request a hearing. Also, there should be a monitoring system in which they have to show proof of enrollment to the city to stay in compliance. Loading/unloading Amelioration: A more appropriate plan would be to have all 5 spots for drop offs on PCH, along with 2-spots on 2nd. The two front tandem spots would be for staff (minus 2 at the entrance to back parking lot to enter garages), along with retaining the garages for staff for 12 spots. In their plan, you can see where there are existing garages that they have enclosed (and also build out the front garage to extend all the way to the east of the lot to add even more interior space!) They have a corridor behind the garages leading to an exit to the playground on the east end and there is already a metal door on the west end. 507 There is an entrance for the cars to access the garages on the West side with a pull up door on the cinderblock fence. According to the CUP findings, staff would arrive prior to the opening of the business and play yard will only be used from 10am – 4pm, and not that whole time (per CUP/Parking plan analysis and findings): The applicant can install GeoGrid or similar “driveable grass” if they wanted grass in front of the garages. Here is a sample picture to the left. The apllicant only needs 2,695 interior sq ft for the day care for 77 kids (77 x 35 sq ft), so they do not need to be asking to enclose these 3 garages to get 7,214 sg ft. Keeping the back garages allows for 12 spots (8 as tandem) for staff that is sorely needed to free up spots in the front of the lot for unloading and loading! This would still give the applicant more interior sq ft than is needed (4,094 sq ft). You’ll note that the plans show that only the front of the building is needed for 80 kids. The 7 loading spots in the front will still not be enough on at peak times, so the Okell’s lot should also be used for the extra 7 loading spots that will be needed. The owner of O’Kelles offered the use of his lot back in Feb (see email below), but the applicant has not pursued this/made this part of the application. This would require the applicant to get a signed lease to use this lot from 7:00am to 9:00am and from 4:30pm to 6:00pm, along with the continuation of the lease being on file with the city as part of a condition to the CUP. As you can see, Okell’s only provides up to 9 more spots, as there are generally trucks on the South side of that lot, and some of the 9 will be used by Okell’s patrons when kids will be picked up. Otherwise, the applicant would need to demo the entire front part of the building to add 12 more parking spots for loading, rather than asking the city to give up 21 parking spots from this huge lot (three garages for 12 cars, and parking for at least 9 more cars) on the southeast corner)! 508 The applicant is also proposing to cut into the cinderblock fence (which will probably ruin it as it is so old) to create an extra gate at the northeast corner, which is not needed. This will reduce the sound amelioration and will encourage parents to park illegally in the red on 2nd St to drop their kids off at that gate. This should be removed from the plan, as there is already a door on the cinderblock fence on the west side (as depicted), and removing the stairway to the extra gate would allow for more play area. Additionally, the community petitioned previously to get more notice for these hearing and get the reports sooner, for the commissioners and the residents, as the applicant files all this data with the city for months in advance and gives an unfair advantage against the residents receiving such short notice. The city clerk said there was no need for that, and that she promised to always load all projects onto the community development part of the city’s website (which I’m sure you remember), well in advance of the hearing. This of course was not done, leaving many residents in the dark. Again, the staff report is not posted until the Thursday before the hearing, and should be posted much earlier for the benefit of the commissioners/residents. One neighbor got a letter from the developer, so he requested documents from the city in February and didn’t get anything until 5/15, and still has not received the rest of what he asked for because the city attorney is still reviewing the emails regarding the development. It’s just as bad as it ever was. This application should be denied, Cynthia Furnberg 509 Attachment: 510 I am writing to express significant concerns regarding the environmental assessment for the property at 210 PCH, Hermosa Beach, CA 90254, as outlined in the report titled “SUPPLEMENTAL - Summary of Remedial Excavation and Confirmation Sampling.” This report is Attachment 6 to the staff report recommending approval of the CUP for a proposed child care center at this address. APPLICANT DID NOT PERFORM OWN ENVIRONMENTAL ASSESSMENT The environmental work/report was done for a prior owner, so there is no warranty now per the report, for the applicant to make representation to the planning commission or to parents and the city and applicant would be subject to liability from the parents: This evaluation should not be relied upon by other parties without the express written consent of EAI or Clients; therefor, any use of reliance upon this environmental evaluation by a party other than the Client or the Reliance Parties, shall be soley at the risk of such third party and without legal recourse agains EAI. This is just some of what was found at the site, including high levels of lead and cadmium: Additionally, no sampling was done where a lot of work was done on cars/painting in the back garages. From: Josh Krasnegor <josh@mavarx.com>Date: May 20, 2024 at 10:29:02 AM PDTTo: City Clerk <cityclerk@hermosabeach.gov>, Marie Rice <mrice@hermosabeach.gov>, Peter Hoffman <phoffman@hermosabeach.gov>, Stephen Izant <sizant@hermosabeach.gov>, David Pedersen <dpedersen@hermosabeach.gov>, khirsch@hermosabeach.gov Subject: Letter of Concern for Conditional USE Permit (CUP 23-13) Dear Planning Commissioners, Please find and read the attached leeter of concern in response to: REPORT 24-0200 CONDITIONAL USE PERMIT (CUP 23-13) TO ALLOW A 7,214-SQUARE-FOOT PRESCHOOL AND DAYCARE WITH AN OUTDOOR PLAY AREA AT 210 PACIFIC COAST HIGHWAY IN THE SPECIFIC PLAN AREA (SPA) - 7 ZONE, AND DETERMINE THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (Assistant Planner Johnathon Masi) Thank you, Josh Krasnegor __________________________________________________________________________________________________________ 511 Some of the chemicals found and listed in the report are carcinogenic/harmful to humans, especially infants/children, and some of them were double the legal limit: You can't put 6 month old babies and toddlers in a space right on top of areas that has not been tested/remediated (in the two garage areas not tested). 512 VAGUE STATEMENTS BY ENVIRO APPLICATION INC OF SAN DIEGO (EAI) ABOUT SPECIFIC USE The December 4, 2023 statement by Enviro Applications (EAI), Inc., signed by Senior Geologist Bernard Sentianin, claiming the property is suitable for "commercial use" is vague and generic and fails to specify the intended use of the property as a 6month- 6 year old child care center. Why did they not call out the specific use as a child care center for 6month-6 year old children? WORRYING STATEMENT BY EAI ABOUT AIR QUALITY AND PRIOR USE EAI states “This sampling indicated that indoor air at the property is essentially identical to ambient conditions in the site vicinity and does not appear to be impacted by prior site use.” Why do they use the word “appear” when describing the air quality? Why wouldn’t they conclusively state that it is not impacted by prior use? GENERAL COMMERCIAL USE VS. SPECIFIC USE: CHILD DAY CARE CENTER FOR 6 MONTH - 6 YEAR OLD CHILDREN It is essential to distinguish between general commercial use and the specific requirements of a facility intended to house infants and very young children. A child care center has vastly different needs and safety considerations compared to a generic commercial property. Infants and young children are particularly sensitive to environmental hazards and react differently and more severely to harmful chemicals than adults. The property's previous use as an auto body shop likely introduced hazardous substances, such as solvents and paints, which contain dangerous chemicals and that can linger and pose significant health risks to young children. NO PERMITS ISSUED BY THE CITY OR STATE FOR ENVIRONMENTAL EXCAVATION OF HYDRAULIC LIFT AND HAZARDOUS CHEMICALS Through the report and open records requests with the City of Hermosa Beach, it appears that no permits were obtained for the hydraulic lift excavation and Phase I, 513 and Phase II environmental assessments performed by other parties. In fact GeoForward (one of the Contractors involved in aspects of this environmental work); details on their own website the permit process required for hydraulic lift removal: “activities typically require various permits for tasks such as grading, excavation, and environmental cleanup. These permits ensure regulatory oversight and confirm the removal of soil and groundwater contamination.” For instance, the removal of in-ground hydraulic lifts involves multiple permits and certifications, including those for heavy equipment operation and hazardous waste disposal (GeoForward, https://www.geoforward.com/underground-hydraulic-lift-removal/). NOT CATEGORICALLY EXEMPT FROM CEQA The California Environmental Quality Act (CEQA) applies to child care centers in commercially zoned areas bordering residential zones by requiring a thorough environmental review to assess potential impacts on the surrounding environment and community. Here are key points on how CEQA applies in this context: •Environmental Impact Assessment: CEQA mandates that any new development, including child care centers, undergo an environmental impact assessment to evaluate potential effects on air quality, traffic, noise, and public health. •Specific Considerations for child care centers: Given the vulnerable population of infants and young children, the assessment must pay particular attention to factors such as indoor and outdoor air quality, proximity to hazardous materials, and potential exposure to pollutants. •Public Involvement and Disclosure: CEQA requires public disclosure of the environmental impacts and involves the community in the review process. This includes providing opportunities for public comment and addressing community concerns, particularly from adjacent residential areas. •Mitigation Measure: If significant impacts are identified, CEQA requires the implementation of mitigation measures to minimize or eliminate adverse effects. This might include measures to reduce traffic congestion, improve air quality, or mitigate noise levels. 514 •Categorical Exemptions: Some projects might be categorically exempt from CEQA if they are considered to have no significant environmental impact. However, given the sensitivity of child care centers, especially in areas bordering residential zones, a full environmental review is often necessary to ensure all potential impacts are adequately addressed. In summary, CEQA ensures that the establishment of child care centers in commercial zones adjacent to residential areas is carefully evaluated for environmental and health impacts, with significant community involvement and mitigation measures to protect both the children attending the center and the surrounding residents. CONCLUSION Given the serious nature of these findings and the potential health risks involved, it is clear that this project cannot be categorically exempt from the California Environmental Quality Act (CEQA). A comprehensive and child-specific environmental assessment must be conducted to ensure the safety and suitability of the property for use as a child care center. 515 Josh Krasnegor I have spent the past five days reviewing this project since the Staff Report was posted and I deeply opposed to this project for the following reasons: 1. The project presents severe traffic and parking issues on 2nd Street and PCH that the city and applicant have not addressed and found an adequate solution. It is unclear how emergency services could adequately access emergency situation on 2nd Street, 2. The Environmental Studies presented are not thorough enough for use as a child care center use where 6-month to 6-year old children. It appears that excavation was not properly permitted. This was an auto body shop with many hazardous chemicals. The building was cited for violations / red tagged by the city during asbestos removal due to demolition. 3. The preschool is in extremely close to a major HWY, presenting health issues to children. Proximity of Licensed Child Care Facilities to Near-Roadway Vehicle Pollution https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1551948/ Polluted Preschools: 169 LA childcare centers are too close to freeways https://laist.com/news/kpcc- archive/pollution-near-preschools-is-impacting-nearly-10-0 Safe and Healthy Child Care Centers https://www.epa.gov/system/files/documents/2023- 02/SafeHealthy2012_ENGa.pdf 1. The noise study is assumptions and doesn't sufficiently explain in detail the play ground noise levels directly adjacent to residential property. 2. This project is not categorically exempt from CEQA: The California Environmental Quality Act (CEQA) applies to child care centers in commercially zoned areas bordering residential zones by requiring a thorough environmental review to assess potential impacts on the surrounding environment and community. Here are key points on how CEQA applies in this context: • Environmental Impact Assessment: CEQA mandates that any new development, including child care centers, undergo an environmental impact assessment to evaluate potential effects on air quality, traffic, noise, and public health. • Specific Considerations for Child Care Centers: Given the vulnerable population of infants and young children, the assessment must pay particular attention to factors such as indoor and outdoor air quality, proximity to hazardous materials, and potential exposure to pollutants. • Public Involvement and Disclosure: CEQA requires public disclosure of the environmental impacts and involves the community in the review process. This includes providing opportunities for public comment and addressing community concerns, particularly from adjacent residential areas. • Mitigation Measure: If significant impacts are identified, CEQA requires the implementation of mitigation measures to minimize or eliminate adverse effects. This might include measures to reduce traffic congestion, improve air quality, or mitigate noise levels. • Categorical Exemptions: Some projects might be categorically exempt from CEQA if they are considered to have no significant environmental impact. However, given the sensitivity of child care centers, especially in areas bordering residential zones, a full environmental review is often necessary to ensure all potential impacts are adequately addressed. 516 In summary, CEQA ensures that the establishment of child care centers in commercial zones adjacent to residential areas is carefully evaluated for environmental and health impacts, with significant community involvement and mitigation measures to protect both the children attending the center and the surrounding residents. I'm all for SAFE child care in the right location but sadly, this project compromises child and resident safety in the area. In short, this project is trying to put a square peg in a round hole, disregarding the safety of residents and children in order to expand their business, which benefit themselves financially. It's not a good trade off. There are plenty of other facilities available in the proximity that offer the proper safety necessary for a project of this complexity, without the burden of convincing prospective parents of putting their children in a renovated auto body shop. 517 From: Suzanne Zimmerman <suzanne.zimmerman.m2h0@statefarm.com> Date: May 20, 2024 at 12:24:14 PM PDT To: David Pedersen <dpedersen@hermosabeach.gov>, khirsch@hermosabeach.gov, Marie Rice <mrice@hermosabeach.gov>, Peter Hoffman <phoffman@hermosabeach.gov>, Stephen Izant <sizant@hermosabeach.gov> Cc: cfurnberg@yahoo.com Subject: Blocked exit on 2nd St during rush hour for proposed Daycare on 2nd Good morning- As a resident of Hermosa Beach living on 2nd St, I oppose the current plans for this project as it has only 3 parking spots for loading and unloading of for 77 kids on 2nd St, which is a one-way street. This would cause back-ups blocking residents that need to get to work, and emergency vehicles. The intersection of 2nd St and PCH, is offset and already extremely dangerous. During the periods when most parents will be dropping off and picking up their children PCH North and Southbound are already very congested. I believe this diagram clearly shows the potential complications and dangers of the pickup and drop off situation. These are small children who need to be walked into the facility by their parents. Parents wanting to pick up or drop off, backed up on 2nd St waiting for a car to exit the parking lot so they can enter and park causing significant backups to occur on 2nd St and PCH. I am not opposed to development of this site and having it zoned for residential condos, small business such as a restaurant, boutique or doctor’s office, I am opposed to creating more of an impact on the already existing traffic issues and potential to not be able to exit my street during periods of pick up or drop off. Thank you- Suzy Suzy Zimmerman License: CA-0I81281 Suzy Zimmerman- Google Review 4010 Palos Verdes Drive North, Suite 103 Rolling Hills Estates, CA 90274 Bus 310-377-9531 * Cell 310-200-5861 * Fax 310-377-0954 suzy@zimziminsurance.com www.zimziminsurance.com 518 Carolyn Petty First thing I want to mention is the reduction of public comment by 1/3 the time is a bad practice that should have never been approved. The planning commission deals with serious land use issues and if there is an item of concern to the residents, they should be given an appropriate amount of time to comment. 2 minutes is insufficient. This item should be continued until more data is obtained. Issues that I would like to bring to your attention: • The traffic study was commissioned by the applicant so there is an inherent conflict of interest. This is not an objective study as is clear when one reads it: 1. Page 1 - they say there are no traffic issues at PCH/2nd Street. How is that possible? I drive that area often and walk my dog on that street early morning (I don’t know why he wants to walk on PCH but he does), and from 6 am until 7pm it is nearly always gridlocked traffic. 2. The parking requirements are completely inadequate for the uses: ¬ Where will the employees park, and how many employees will actually work there? There are statutory guidelines governing the ratio of workers to children. For instance, 1adult: 4 children aged 0-2 years old, 1 adult to 12 children 2-6 years old. It is hard to believe that 77 students could be handled by only 8 employees. By the way, if they claim that one employee will always be outside directing traffic, they are in potentially in violation of the worker ratio unless it is someone not counted towards that ratio. Of course they will need one or perhaps two managers. The employees should not be parking in the neighborhood. ¬ If any of you have children, you know that if 77 children are being dropped off and picked up, there is no way 3 spaces are sufficient for loading/unloading. Inevitably there will be a line of cars going up the street, which turns into a one way street. How are residents who live on that street going to be able to leave their homes during pick up and drop off? How will emergency vehicles get through the line of cars? ¬ Parking space turnover rate of 3-4 minutes. Much of their assumptions rest on this. It is totally unrealistic. Parents have to get their children out of carseats. Sometimes they have more than one child. Then they grab whatever items they may want to leave at the center for their child. Just that portion alone could take 3 minutes. What if they want a brief chat with the people at the daycare? That is not uncommon. Sometimes children are fussy and don’t want their parents to leave. The turnover rate should easily be double that number. 1. Where is the data that backs up their claim the number of trips would be lower? That also defies logic for everyone who has gone past the existing use. The place always looks empty - I actually thought it was closed. Plus the distribution of uses is completely different. At a retail, uses are throughout the day. Clearly for a daycare the intensity is completely different. I could write 10 pages analyzing the insufficiency of this proposal, but you would not read it due to time. But the other part that disturbs me is that a resident did a public records request for all correspondence pertaining to this item and staff is refusing to adequately respond within the statutory timeframe. As a public agency, all information should be made available. When they hide this, it absolutely leads the residents to wonder what is going on and why staff is recommending this project. Until we know - without any redactions – what is going on behind the scenes, the approval process should stop. Thank you, Carolyn Petty 519 Dan Seaman Why does the applicant keep lying about maxing out at 77 children when the building design clearly is meant for 98 kids? A simple solution is: - Dedicate the lot off of PCH for loading and unloading only; • Hammer out an agreement with the property owner of Sainte Rock and O’Kells to handle any drop-off and pick-up overflows in their parking lot on 2nd Street – the owner seems amenable to this agreement; • Provide at least 14 parking spaces on-site on the 2nd Street lot so that at least half of their hardworking teachers and staff do not have to lug up the steep hill after a long day to get to their cars. I interpret HBMC 17.40.110(A) to provide at least one parking space for every seven children to mean that some parking exists on-site for staff and teachers to help alleviate any constraints with street or off-site parking; and • Reduce playground size to accommodate the required parking if space is a constraint, which I gather may be the reason for intentionally misrepresenting full enrollment capacity. Please deny this current project for the CUP and have the applicant try again. 520 From: Mike Glasman <mike@glasman.net> Date: May 20, 2024 at 8:54:17 PM PDT To: David Pedersen <dpedersen@hermosabeach.gov>, khirsch@hermosabeach.gov, Marie Rice <mrice@hermosabeach.gov>, Peter Hoffman <phoffman@hermosabeach.gov>, Stephen Izant <sizant@hermosabeach.gov> Subject: proposed daycare on 2nd street Hi Planning commission. I dont have a lot of skin in the game on this one. I live way up the street at 1001 2nd street and do not drive during peak hours That stated, we are looking at another proposal with potentially devastating consequences for the neighbors, traffic flow and even the children 1. Cars routinely drive the wrong way on 2nd street. Additional signs have not resolved this situation. This alone creates a unique hazzard 2. There is limited parking on the street as the street - one side only as it is a through street designated as needing Fire Department clearance 3. The traffic light is very slow and no right turn on red meaning cars will be queued up very quickly with no easy way to legally get off of 2nd street. o It doesn't take much for cars to get backed up on 2nd street - 3 cars is enough Once that happens cars will not even be able to get to the turn around on Okell's parking lot and will have trouble passing or turning with cars coming down the street. Excellent diagrams have been provided by Cynthia Furnbert that you should refer to. She also noted many other concerns and reasons why this CUP should be denied. 4. Not allowing drop off on PCH means every single car either goes east on 2nd street and attempts to turn around or comes down 2nd street from Hollowell or prospect. I am trying to imagine 70+ cars all dropping off and picking up at the time that is convenient for them. it doesn't matter what times you are allowed to drop off or pick up, what matters is the desired time that people want to drop off or pick up. 5. The children - let's put a play area 300' from the busiest street in the city so that the children can breathe in exhaust fumes all day long even when they are indoors. Look it up. It is not healthy. In response to the staff report 24-0200 Version 1 Discussion: • Sensitive Receptor: If Hermosa Beach describes daycare use as a sensitive receptor than Air quality should be looked at. It does not serve the community well to have Daycare next to one of the busiest streets in the city where children will be subjected to automotive exhaust. • Traffic and Queueing - o Comparing the existing use of auto sales makes no sense.  Existing use was an automotive body shop and auto sales  Everyone knows that Felder Body Shop did not maintain normal hours sold little to 0 cars per year and repaired no cars either. It was a show room for his private car collection  Even when looking at an auto sales use case or body shop - neither of those use case draws visits at peak morning and evening commute times. Find me the car dealer where people are buying cars at 8:30am. The concern here is not the 70 drop off and 70 pick ups =140 visits per day. The concern is that 70 will happen between 7:45 and 8:45 am and 70 will happen between 5:15 and 6:15pm. Precisely when there are the most cars on the road, the most people trying to get on PCH from their homes on 2nd street etc o Parking Study recommendations:  We can't expect people to keep clear of the 2nd street parking lot entrance/exit- When that light turns green - which takes 3 minutes, i am not waiting for anyone get on PCH and certainly not a string of cars that just dropped off and did not wait their turn  Do not enter on PCH- Really? We have 2 giant sides at the bottom of second street where it becomes a one way street, yet cars go up the street the wrong way all of the 521 time including - emergency vehicles that need to, postal workers that I have personally lectured and yes I I have even see traffic enforcement go up the street the wrong way.  Operating conditions - reduce bunching by having longer operating hours. Parents are going to pick up when it is convenient for them not when it will reduce bunching • Section titled: The relationship of the proposed business-generated traffic volume and the size of streets serving the area • The study recommended the assigned loading/unloading parking spaces be solely located in the south parking lot, to minimize impacts to Pacific Coast Highway. The solution is to dump all of the traffic on 2nd street? Really? That means more traffic up 3rd street, across Hollowell and Prospect. 2nd street is really not set up for that traffic. • The study indicated the traffic generated by the use will not impact access for emergency services to the subject site, or adjacent properties Cynthia Ferburg has provided detailed diagrams that show how this will obstruct access to the site and adjacent properties. We have multiple elderly and impaired residents on 2nd street and this plan creates a potential life hazzard for those residents should an emergency occur during peak hours. Similarly it affects emergency services ability to to respond to life and property incidents. This could affect residents ability to insure and reinsure which is already an issue in California and opens up the city to potential litigation. Bottom line - The residents of 2nd and 3rd street would like to see an appropriate business at this one. An appropriate business is one that serves the community at the same time and doesn't burden the residents of the neighborhood with noise, traffic, or safety issues. LA Fire department should to be consulted before anything that changes their ability to drive emergency vehicles up or down 2nd street Change of use should not be approved. Thanks for your service and consideration Mike Glasman mike@glasman.net 310-798-2625 522 From: Katie Seaman <kmaeng@gmail.com> Date: May 20, 2024 at 21:46:35 PDT To: Planning Commission <Planningcommission@hermosabeach.gov>, David Pedersen <dpedersen@hermosabeach.gov>, khirsch@hermosabeach.gov, Stephen Izant <sizant@hermosabeach.gov>, Marie Rice <mrice@hermosabeach.gov>, Peter Hoffman <phoffman@hermosabeach.gov> Subject: Planning Commission 5/21/24 - Public Hearing Item VI (c) - Report 24-0200- 210 PCH Hello Commissioners: Please see attached for our request to deny CUP 23-13 for the proposed facility at 210 Pacific Coast Hwy. Please confirm receipt. Thank you, Katie and Dan Seaman 523 1 May 20, 2024 Dear Honorable Chair, Vice Chair, and Members of the Hermosa Beach Planning Commission: In general, a preschool and daycare center at the former Felder’s auto repair site on 210 PCH would be a great community-serving benefit and use of this site. Unfortunately, I oppose granting a Conditional Use Permit for the current proposed project as it (1) fails to comply with HBMC 17.40.110(A) to provide at least one parking space for every seven children, (2) fails to comply with HBMC 17.40.110(C) to provide separate and additional loading and unloading areas on site, (3) provides inadequate circulation and back-up/turning radius on site for vehicle egress, and (4) fails to ensure that tolerable noise threshold of 30 children maximum outdoors to mitigate negative impact to neighboring residents per the applicant’s acoustic study. The most significant problem is the omission of the site’s maximum enrollment capacity once the facility meets its “start-up” goal of 77 children. The applicant would like to grow the capacity beyond 77 children based on building plans, which results in underrepresenting minimum parking requirements, inaccurate traffic study findings, and misrepresentation of circulation and loading/unloading needs. The proposed project retains 5,806 square feet of the existing main building and will build two new additions totaling 1,408 square feet for a total of 7,214 square feet. If the applicant truly intends to keep enrollment at 77 children, they will not need to build additional new space. Per California’s Title 22, which regulates childcare facilities and licensing, Regulation 101238.3 requires that childcare facilities provide 35 square feet of indoor activity space per child. The three classrooms and three daycare rooms proposed provides capacity for 118 children, which is a 53% increase over the stated 77 children. Based on Building Code maximum occupancy for childcare rooms, which coincidentally divides the room’s square feet by 35, and liberally factoring in teacher-to-child ratios, it appears that the site’s maximum enrollment capacity is 98 children, which is 27% more than 77! This enrollment number of 98 children aligns with an earlier version of the Conditional Use Permit and Parking Plan for Maple Tree Academy, which states that the “applicant is anticipating an enrollment of 70 students, increasing up to 98 students within one year of operation.” Parking requirements should be based on the site’s maximum enrollment capacity and not the licensing capacity as stated by the applicant, as parking requirements follow building occupancy and use codes. Future remedy will be severely handicapped once the project is built. With limited resources, the City will be challenged in monitoring and ensuring compliance with the CUP. In addition, this site will provide two playgrounds that allows up to 50 children to be outdoors at any given time based on the Title 22 requirement of providing 75 square feet of outdoor activity space per child. If capacity is truly limited to 77 children, I would like to understand the rationale for providing outdoor space that accommodates 65% of enrollees when the site fails to meet the minimum parking requirements and dedicated areas for loading/unloading. The noise study dated April 8, 2024, assumes a maximum of 30 children playing outdoors at any given time for its analysis. Fifty children playing outdoors simultaneously would negatively impact the quality of life for neighboring residents as 30 children already reaches 56 dBA, which appears to reach the upper threshold limit. However, with two outdoor playgrounds, it would be reasonable to assume that these 524 2 two playgrounds will be used simultaneously and will regularly exceed 30 children playing outside at any given time. The intention of having both HBMC 17.40.110 (A) and 17.40.110 (C) is to ensure that parking spaces shall not be cannibalized for loading/unloading purposes. By allocating three parking spaces as loading / unloading “areas,” dedicated parking count is reduced to eight, which fails to meet the minimum parking requirements set forth in HBMC 17.40.110 (A). Based on the site’s maximum enrollment of 98 children, 14 parking spaces shall be required at minimum. The applicant appears to falsely state their maximum enrollment based on their “start-up” year in order to obtain approval for fewer parking spaces, demonstrating great inconsideration of their neighbors. The project plan fails to comply with HBMC 17.40.110 (C) that requires “adequate space for loading and unloading children shall be available or shall be provided on the site.” Three spaces to provide loading and unloading greatly underserves the demand for this proposed preschool and daycare center and will cause substantial queuing along 2nd Street and southbound on PCH at 2nd Street as cars wait for the left turn signal light. There is only 150 feet of bidirectional street length on 2nd Street as 2nd Street is mostly one way west- bound from Prospect Ave towards PCH. As residents who live across the street from Our Lady of Guadulupe School, we personally experience and observe queuing in both directions along Prospect Ave as parents queue to turn onto Massey to pick up or drop off children at OLG school. Contrary to the traffic study dated April 24, 2024, the neighborhood intrusion protection is ineffective at preventing vehicles from illegally traveling east-bound up 2nd Street once it becomes a one-way, westbound street. Vehicles brazenly travel up 2nd Street the wrong way, knowing that enforcement is nonexistent, thereby creating a safety hazard for both pedestrians and vehicles. Due to the steep hill, it is difficult to anticipate wrong-way traffic, and I have personally experienced near-collision accidents as drivers speed up the wrong way. Any approved project plan should include enforcement of the wrong-way violation, possibly the use of cameras to issue citations, as traffic will increase on 2nd Street. If loading and unloading are sufficient, why did the loading/unloading space in the parking area fronting PCH get relocated to 2nd Street, where there may be greater circulation and congestion issues? Are staff and applicant aware that there are issues related to loading and unloading and, hence, desire to contain that problem to only 2nd Street, where they believe fewer people will complain? This issue will spill over onto PCH, which will suffer congestion as cars get “stuck” on their way turning left onto 2nd Street as there is no room to move forward. Circulation is a real concern for the parking and loading/unloading areas adjacent to 2nd Street. Four spaces are part of tandem parking, which may require two vehicles moving and backing out for egress. In the same general area, there are three loading/unloading spaces within a constrained lot. During peak hours, or whenever there are any vehicles waiting to enter the lot, circulation will be significantly constrained with abnormal queuing on 2nd Street and at the intersection of PCH and 2nd Street as exiting vehicles need to back-up and turn-around (or back out onto 2nd Street) to exit out of the lot. 525 3 The left-turn lane on southbound PCH onto 2nd Street tolerates a maximum queue of two vehicles. Any additional vehicles would either block the left-turn lane on northbound PCH onto 2nd Street or a vehicle lane on southbound PCH. Should the overflow vehicles queue on the northbound PCH left-turn lane, then it likely will block one vehicle lane traveling northbound if vehicles block this lane in order to turn left onto 2nd Street on northbound PCH. Most parents are likely to drive to drop-off or pick-up on their way to and from work, especially during peak hours, which the traffic study purports as 7:00AM – 8:00AM and 5:00PM – 6:00PM (note that school is closed to children until 7:30AM and after 5:30PM). Based on 98 children, this project is anticipated to generate 396 daily trips versus 321 per the traffic study, which is an increase of over 23% in daily trips. Using the traffic study’s assumptions but with 98 children, AM peak hour trips total 73 and PM peak hour trips total 72. If we account for a 10% walk/bike rate, which is generous given that this site fronts a major highway and sits between steep hills to the west and east, then 66 for AM peak hour trips and 65 for PM peak hour trips. Within each peak time period, approximately 18 vehicles are able to use the three loading/unloading areas, which falls significantly below the study’s 32 to 35 vehicles that will enter/exit during these peak times. The site fails to provide adequate loading/unloading space on site in violation of HBMC 17.40.110(C). I also want to understand why the daily vehicle trip numbers are significantly lower in the traffic study dated April 24, 2024, versus the earlier one dated February 12, 2024, when they eliminated the 6AM – 7AM time period for drop-off. I would imagine that the numbers from this removed time period would be redistributed to other time periods, but it appears that the numbers for all time periods have been reduced in the later study (even though the ITE Trip Generation Manual, 11th Edition on which the numbers are based has not changed) with the exception of time between 2:00PM and 3:00PM. 526 4 Table 2 from the February 12, 2024 report here: Table 2 from the April 24, 2024 report here: 527 5 The report problematically distributes vehicle trips during hours when pick-up and drop-off are not scheduled. Based on the school’s operating hours at other locations and the Conditional Use Permit and Parking Plan, drop-off hours are between 7:30AM and 9:00AM and pick-up hours are between 4:00PM and 5:30PM, which invalidates the traffic study’s assumptions and tabulated data presented in Table 2 from the report dated April 24, 2024. Based on the traffic study dated February 12, 2024, the report tabulates the heaviest pick-up time between 5:00PM and 6:00PM at 59 trips and drop-off time between 7:00AM and 8:00AM at 59 vehicle trips. Is this report then suggesting that 76 trips will actually occur between 7:30AM and 8:00AM and 59 trips between 5:00PM and 5:30PM if we were to reflect the actual school hours? Notice the earlier traffic study includes 6:00AM – 7:00AM as part of drop-off hours. If these are truly peak hours, how will (3) spaces dedicated to loading and unloading accommodate 41 cars entering in the morning within a 30-minute period and 28 cars for pick up within a 30-minute period in the evening? As a parent who has done pick-up and drop-off, five minutes is highly unusual to unbuckle/buckle child in car seat, walk child between car and class, sign in/out child, and return to vehicle and leave. A more realistic loading/unloading average time would be closer to 10 minutes. The traffic study reports the 3 to 5 minute turnover based on observations. I would like to understand at what daycare centers and, if true, were staff providing valet service so children were dropped off or picked up directly from or to the vehicle? I also question the assumption of using retail or auto sales as the last existing use of the site. The site was primarily used for auto body repair with ancillary service of used-car sales. Having been a customer of Felder’s on a handful of occasions during the last ten years in which Felder’s operated, I am confident that this site did not generate 393 daily trips. This study falsely represents this site as retail per Table 5 and appears to make car sales the primary use in Table 6, which is inaccurate as it functioned as an auto body repair shop. Any auto sales would have been rare as it functioned as a space primarily to showcase Mickey Felder’s classic cars. I highly dispute the net daily trip numbers and would like to see this traffic study amended to reflect the primary use of the site as an auto body repair shop to accurately determine whether the project will meet or exceed the 110 net daily trip threshold to trigger the Vehicle Miles Traveled (VMT) study and possibly, CEQA. I concur with Public Works’ Mr. Lucho Rodriguez’s concerns in his letter to Johnathon Masi dated April 18, 2024, regarding abnormal congestion on 2nd Street, possible emergency response challenges, inadequacy of loading/unloading areas, and possible CEQA impact. We request that you deny the CUP for the proposed project as it currently stands. Thank you, Katie and Dan Seaman 528 From: cynthia furnberg <cfurnberg@yahoo.com> Date: May 20, 2024 at 6:40:41 PM PDT To: David Pedersen <dpedersen@hermosabeach.gov>, Kate Hirsh <khirsh@hermosabeach.gov>, Stephen Izant <sizant@hermosabeach.gov>, Marie Rice <mrice@hermosabeach.gov>, Peter Hoffman <phoffman@hermosabeach.gov> Subject: 210 PCH, 5/21 Hearing Honorable Commissioners, This is a supplemental response. On 4/22, the applicant was informed by the city that he needed to provide loading spaces and that they couldn't be part of the required parking (subsection a of the code, which would be the 11 spots). He was told to either have the loading on site, if feasible, or get an agreement to have the loading on a neighboring site (like O'Kelles) and get a property owner agreement, neither of which was done. The email also tells him to factor in the growth rate of the business. This was never done. They just changed to CUP to not have any expansion, and that it would only be for 77 kids. Cynthia Furnberg <1716255476012blob.jpg> 529 From: Craig Rogers <craiger522@gmail.com> Subject: 210 PCH - 5/21 Hearing Date: May 20, 2024 at 6:04:56 PM PDT To: Commissioner Peter Hoffman <phoffman@hermosabeach.gov>, Commissioner Marie Rice <mrice@hermosabeach.gov>, Commissioner David Pedersen <dpedersen@hermosabeach.gov>, khirsh@hermosabeach.gov, Commissioner Stephen Izant <sizant@hermosabeach.gov> Hello, My opposition letter is attached. Thank you! Craig Rogers 530 Honorable Commissioners, RE: 210 PCH As stated on page 11 of the traffic study it assumed a drop off time of 5 min. “based on a turnover rate of 5 minutes per vehicle per space and assuming a uniform arrival pattern.” To test this theoretical traffic projection against real-world data, on Friday 5/17, I monitored and logged the drop-offs from 6:45am – 8:32am at a similar daycare facility at Children's Journey Learning Center located at 332 S Pacific Coast Hwy, Redondo Beach. During the period of 7:53am – 8:32am (39 minutes), there were a total of 55 vehicles dropping off children. Of these drop-offs, 14 took 10-14 minutes, and 20 took 9 minutes or more. I believe this is because of the required sign-in process. Also, those who took longer probably had brief conversations with staff about their child’s needs or behavior, or with other parents they know. (Some of these parent-parent conversations occurred in the parking lot). Also, many younger children have trouble with the drop off process. Here’s what many experts have to say: At the peak time (7:53am – 8:32am), the number of parent cars in the parking lot ranged from 9 to 14 cars. Similarly, the departures happened in clusters. This significantly exceeds the estimates put forth in the applicant’s report. This traffic volume would be disastrous for the 2nd Street residents AND the daycare customers, and would present a serious problem for emergency vehicles trying to travel east on 2nd St. from PCH. Also, this congestion will impede cars traveling north on PCH from turning right on 2nd St, thereby blocking the right lane of northbound traffic on PCH. 531 To add to the congestion, there is No Right Turn on Red at the signal going west from 2nd turning on to PCH, which stops all flow until the light changes. Also, the proposed “Keep Clear” road paint will make those traveling west on 2nd wait to enter the lot and just allow those from PCH traveling east on 2nd to get in, once they finally get into the mouth of 2nd. When the light does change, there is only 17 seconds to turn left and there is generally always a pedestrian in the sidewalk that you must wait for, which takes up a lot of that 17 seconds. These concerns were also raised by Public Works, forcing a new traffic study. There are still areas of the site that have not been tested and remediated, so this plan is not CEQA exempt and a CEQA study must occur. The environmental work/report was done for a prior owner, so there is no warranty now per the report, for the applicant to make representation to the planning commission or to parents and the city, and the applicant would be subject to liability from the parents: This is just some of what was found at the site in the environmental report, including high levels of lead and cadmium: 532 Additionally, no sampling was done where a lot of work occurred on cars/painting in the back garages, nor in the area where the playground is planned. You can see in the image to the left there were multiple outdoor work areas and painting booths where the soil was not tested for environmental hazards and contaminants, From the report, they only sampled and remediated where the green boxes are. The red circles are where they temporarily laid the contaminated soil. In the proposed play yard, you can see where there were many car paint booths in the past. The discolored area in the pic above left is of a prior paint booth area, and in the pic to the top right is where the proposed sandbox will be located in the same spot. The pic in the top left still looks to have dried chemicals on the cement. 533 There are numerous cracks in the cement and a drain in the pic to the left where outdoor autobody and painting work occurred over several decades. They sampled the tank and drain for chemical on the other side of the lot, but not this drain. Hazardous chemicals and solvents would have leached into the soil through this drain and cracks where they want to excavate and plant grass and a large tree, which will aerosolize these chemicals, and leave them in the soil. The small square in this pic appears to be an area where soil was tested on the front of the lot, but not called out in the Summary of Remedial Excavation and Confirmation Sampling. 534 These are chemical containers that seem to have dried chemicals on the concrete that is currently in the proposed play yard. Below is an excerpt from the 210 PCH Master File from a prior hearing for the site. Some of the chemicals found and listed in the environment report produced by the applicant are carcinogenic/harmful to humans, especially infants/children, and some of them were double the legal limit: 535 Considering there has been no sampling at any of the garages, paint booths or work lot, this plan requires a CEQA study and would not be safe for infants and children. This CUP should be denied, Craig Rogers 536 From: Josh Krasnegor <josh@mavarx.com> Sent: Tuesday, May 21, 2024 4:21 PM To: City Clerk <cityclerk@hermosabeach.gov>; Melanie Hurtado <mhurtado@hermosabeach.gov> Subject: Presentation for HB Planning Commission Meeting 5/21/24 - 210 PCH CUP Agenda Item Dear City Clerk & Melanie, This is my presentation when I speak. I would like it played when it is my turn to speak. Additionally, please add this document and its contents to the public record. Josh Krasnegor 537 210 PCH CUP Childcare is a good idea but this is a very bad plan and needs CEQA review. 538 Issues Only 5 days to study and prepare while the applicant and city had months and months. Open Records Request regarding project was unfulfilled after over three months. Unclear who is responsible for the CUP. 539 Which Party is Responsible for the CUP Amir Mikhail, Pacific Developments (No Address)? Frank Bardi, South Bay Equity Partners, President of Spectrum Medical Xray? Owner of the proposed Preschool? Manager of the preschool? I would like to see a copy of the official letter from Frank Bardi CEO/Owner of South Bay Equity Partners LLC and President of Spectrum Medical Xray Company authorizing Mr. Amir Mikhail as his representative in the CUP application for the proposed 6 month- 6year old childcare center at 210 PCH in Hermosa Beach. 540 Misrepresented Traffic Impact Traffic study inaccurately categorizes site as retail/auto sales. Inflates vehicle trip numbers affecting VMT and CEQA requirements. Amended study needed to reflect true auto repair shop usage. 541 False Trip Generation Numbers Claim of 393 daily trips by Felder's is incorrect. Felder's was mainly an auto repair shop, not retail. Felders was non-operational since 2018 and a place where Mick could sell cars from his collection. At the most, there may have been one to two visits per week and auto body work was performed on his own cars. 542 Actual Daycare Traffic Data 55 vehicles observed in 39 minutes at similar facility. Drop-offs took longer than the projected 5-minute turnover. Sign-in processes and parent interactions prolong drop-off times. 543 Traffic Volume Challenges Projected volume exceeds estimates, impacting residents and customers. Congestion will hinder northbound PCH traffic turning onto 2nd Street. "No Right Turn on Red" signal exacerbates the issue. Emergency vehicles access. 544 Flawed Traffic Study Distributes trips during non-operational hours. Underestimates peak traffic periods. Inadequate loading/unloading spaces increase congestion and safety hazards. 545 Hazardous Site Conditions High levels of lead and cadmium (and other chemicals detected). Missing permits for sump and hydraulic lift. Dates are wrong –1978 instead of 1968 (to 2018). Heavy use of Chlorinated Solvents (PCE) were used in that time period. Sump and floor drain, unlined, unknown pit. Former paint booths and work lots not adequately tested. Comprehensive CEQA study needed for child safety. 546 Environmental Issues -CEQUA Based on visual observations during the Phase 1 ESA site reconnaissance and Phase 2 ESA geophysical survey, the Subject Site has been equipped with: a sump and floor drain network with an outbound sump;an unknown subsurface vertical unlined conduit (unknown pit) potentially used for liquid-waste dumping; at least two (2) abandoned in place subsurface hydraulic lifts; a potential subsurface storage tank or septic tank system with cesspool/leach system; and a spray paint booth. Additional observations of these items were made based on existing site marks from prior geophysical surveys by others, and interviews with site managers. Each of these items were identified as recognized environmental conditions (REC) for the Subject Site. 547 Insufficient Site Cleanup Remediation efforts leave significant areas untested. Playground areas planned on untested soil. Concerns over safety of excavation and landscaping. 548 Non-Compliance with Regulations Fails to meet HBMC 17.40.110(A) and (C) requirements. Insufficient parking and loading/unloading areas. Lack of proper vehicle circulation and safe egress. Blocks emergency response / needs CEQA review. 549 Misleading Enrollment Numbers States 77 children but plans for up to 98 and the building plans capacity is nearly 150. Discrepancy affects parking and traffic study accuracy. Misrepresents circulation and loading/unloading needs. 550 Excessive Noise Impact Two playgrounds exceed noise threshold for neighbors. Noise study accounts for only 30 children outside at a time. Potential negative impact on community from increased noise. How will the CUP be enforced on noise level? No designs for playground; how to do sound study with no existing playground or design? How do you grant CUP with no design? 551 From: Peter Broussinos <peter.broussinos@aero.org> Date: May 20, 2024 at 5:34:23 PM PDT To: David Pedersen <dpedersen@hermosabeach.gov>, khirsch@hermosabeach.gov, Stephen Izant <sizant@hermosabeach.gov>, Marie Rice <mrice@hermosabeach.gov>, Peter Hoffman <phoffman@hermosabeach.gov> Subject: Proposed daycare project at 201 Pacific Coast Highway (2nd St & PCH) Dear Hermosa Beach Planning Commission, We live on 2nd Street in Hermosa Beach, between Prospect and PCH. We oppose the current plans for this project as it will negatively and unfairly impact us due to the significant traffic and parking problems that will result. The proposed location has only 3 parking spots for dropping off and picking up 70+ kids on 2nd St, which is a one-way street. The traffic caused by numerous cars/people dropping off kids every morning and then picking up every afternoon will results in a significant and inappropriate negative impact to our neighborhood. This project will also impede residents leaving for work or taking kids to school in the morning, as well as emergency vehicles. We respectfully urge you to reject this project. Respectfully submitted, Peter & Tracy Broussinos 1135 2nd St Hermosa Beach, CA, 90254 552 From: Max Siskin <msisk7@gmail.com> Sent: Tuesday, May 21, 2024 6:11 PM To: Planning Commission <Planningcommission@hermosabeach.gov> Subject: Childcare at 210 PCH-CUP Honorable planning commission members, We are one of the residences of Hermosa Beach. We are writing in support of the proposed CUP for childcare at 210 PCH. The city very much needs this service and it will help the local community. I hope you look favorably at this project and allow it to proceed. The current vacant auto sales building would benefit greatly from the proposed upgrades and with recent closures of daycares after COVID, we believe this should be approved Kind regards, Max Siskin 553 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 24-0226 Honorable Chair and Members of the Hermosa Beach Planning Commission Regular Meeting of May 21, 2024 REQUEST FOR A ZONE TEXT AMENDMENT (TA) 24-02 TO AMEND PORTIONS OF TITLE 17 OF THE HERMOSA BEACH MUNICIPAL CODE FOR HOUSING ELEMENT-RELATED REGULATIONS PERTAINING TO MIXED-USE DEVELOPMENT, REVIEW PROCESSES, AND MULTI-FAMILY RESIDENTIAL PARKING REQUIREMENTS AND DETERMINE THAT THE ZONE TEXT AMENDMENT IS CONSISTENT WITH THE PLAN HERMOSA ENVIRONMENTAL IMPACT REPORT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (Community Development Director Carrie Tai) Recommended Action: Staff recommends Planning Commission adopt Resolution No.24-XX recommending City Council approve Zone Text Amendment 24-02,thereby amending Hermosa Beach Municipal Code (HBMC) related to standards for mixed-use developments,review processes,and reducing multi-family residential parking requirements,and determine that the amendment is consistent with the PLAN Hermosa Environmental Impact Report in accordance with the California Environmental Quality Act (CEQA). Executive Summary: The City Council adopted the revised 2021-2029 Housing Element on August 8,2023 and has submitted the Housing Element to the California Department of Housing and Community Development (HCD)for certification several times.HCD issued a comment letter on April 5,2024, indicating that the City must amend certain zoning regulations to comply with State law and effectively implement the Housing Element.Staff presents these revisions,with an accompanying resolution for recommendation to the City Council. Background: The City Council adopted the revised 2021-2029 Housing Element on August 8,2023.Because the City is past the State deadline for certification of its Housing Element,State Law now requires the City to complete zone changes prior to certification of the Housing Element.The Housing Element- related zone changes were advanced in parallel during the revision and adoption of the Housing Element.The Planning Commission conducted study sessions regarding Housing Element-related zoning changes on March 21, 2023, June 20, 2023, July 18, 2023, and August 15, 2023. At its October 24,2023 meeting,City Council conducted a public hearing and approved the recommended Housing Element-related zoning changes,adopting Ordinance 23-1471 (Attachment City of Hermosa Beach Printed on 5/21/2024Page 1 of 5 powered by Legistar™554 Staff Report REPORT 24-0226 recommended Housing Element-related zoning changes,adopting Ordinance 23-1471 (Attachment 3)on November 13,2024.At its December 12,2023 meeting,City Council conducted a public hearing and approved the Land Value Recapture Program,adopting Ordinance 23-1473 on January 24, 2024. On April 5,2024,the City received a comment letter from HCD requesting additional information and analysis.HCD included comments about several aspects of the City’s Housing Element-related zoning changes pertaining to:1)amount of residential development in mixed-use development standards;2)review processes for affordable housing projects;and 3)multi-family parking requirements.Staff proposes to amend several sections that were amended in Ordinance 23-1471 to address HCD’s comments. Past Board, Commission and Council Actions Meeting Date Description November 16, 2021 The Planning Commission conducted a public hearing and considered the revised 2021-2029 Housing Element in response to the comment letter received from California Department of Housing and Community Development (HCD), requesting added sites revisions, and forwarded a recommendation to the City Council to adopt and authorize submittal to HCD. December 21, 2021 City Council conducted a public hearing, adopted the 2021- 2029 Housing Element, and authorized submission to HCD. December 5, 2022 Planning Commission held a special meeting to review Housing Element efforts, HCD comments, and discussed integration of the Housing Element and Zoning Update efforts. March 21, 2023 Planning Commission conducted a study session to discuss rezoning approaches for Housing Element implementation. June 20, 2023 Planning Commission conducted a public hearing, recommended the City Council adopt the Housing Element, and discussed zoning text amendments. July 18, 2023 Planning Commission conducted a study session to discuss the proposed Zoning Text Amendment for Housing Element implementation. August 8, 2023 City Council conducted a public hearing and adopted the revised 2021-2029 Housing Element. August 15, 2023 Planning Commission conducted a study session to discuss the proposed Zoning Text Amendment for the Housing Element implementation. September 19, 2023 Planning Commission conducted a public hearing and recommended the City Council adopt the Housing Element General Plan Map Changes, Zoning Map Changes, and Zoning Text Amendment, with several minor revisions. October 17, 2023 Planning Commission reviewed minor revisions to the Zoning Text Amendment discussed on September 19, 2023 and adopted a resolution reflecting those revisions. October 24, 2023 City Council approved Zone Change 23-01 and Zone Text Amendment 23-02, moving Planning Commission recommendation and deferred Section 17.39.050 from the Draft Ordinance relating to Land Value Recapture. November 14, 2023 City Council adopted Ordinance 23-1471 for Zone Text Amendment 23-02. December 12, 2024 City Council approved Zone Text Amendment 23-02-B, approving the Land Value Recapture Program and amending certain criteria for affordable housing in Section 17.30.050 January 24, 2024 City Council adopted Ordinance 23-1473 for Zone Text Amendment 23-02b. City of Hermosa Beach Printed on 5/21/2024Page 2 of 5 powered by Legistar™555 Staff Report REPORT 24-0226 Meeting Date DescriptionNovember 16, 2021 The Planning Commission conducted a public hearing andconsidered the revised 2021-2029 Housing Element inresponse to the comment letter received from CaliforniaDepartment of Housing and Community Development (HCD),requesting added sites revisions, and forwarded arecommendation to the City Council to adopt and authorizesubmittal to HCD.December 21, 2021 City Council conducted a public hearing, adopted the 2021-2029 Housing Element, and authorized submission to HCD.December 5, 2022 Planning Commission held a special meeting to reviewHousing Element efforts, HCD comments, and discussedintegration of the Housing Element and Zoning Update efforts.March 21, 2023 Planning Commission conducted a study session to discussrezoning approaches for Housing Element implementation.June 20, 2023 Planning Commission conducted a public hearing,recommended the City Council adopt the Housing Element,and discussed zoning text amendments. July 18, 2023 Planning Commission conducted a study session to discuss the proposed Zoning Text Amendment for Housing Element implementation. August 8, 2023 City Council conducted a public hearing and adopted the revised 2021-2029 Housing Element. August 15, 2023 Planning Commission conducted a study session to discuss the proposed Zoning Text Amendment for the Housing Element implementation. September 19, 2023 Planning Commission conducted a public hearing and recommended the City Council adopt the Housing Element General Plan Map Changes, Zoning Map Changes, and Zoning Text Amendment, with several minor revisions. October 17, 2023 Planning Commission reviewed minor revisions to the Zoning Text Amendment discussed on September 19, 2023 and adopted a resolution reflecting those revisions. October 24, 2023 City Council approved Zone Change 23-01 and Zone Text Amendment 23-02, moving Planning Commission recommendation and deferred Section 17.39.050 from the Draft Ordinance relating to Land Value Recapture. November 14, 2023 City Council adopted Ordinance 23-1471 for Zone Text Amendment 23-02. December 12, 2024 City Council approved Zone Text Amendment 23-02-B, approving the Land Value Recapture Program and amending certain criteria for affordable housing in Section 17.30.050 January 24, 2024 City Council adopted Ordinance 23-1473 for Zone Text Amendment 23-02b. Discussion: Proposed Zoning Text Amendment Revisions The following zoning changes were identified by HCD as needing revisions. Section Topic Revision 17.40.180 Mixed-Use Development For (--HE Overlay sites) developed with mixed- use, requires residential uses to occupy 50% of the floor area. (State law consistency) 17.42.250 Work/live developments For (--HE Overlay sites) developed with mixed- use, requires residential uses to occupy 50% of the floor area. (State law consistency) 17.44.020(B)Parking Requirements Add reference to 17.44.020(F) for parking requirements for affordable housing. 17.44.020(C)Parking Requirements For Multiple dwellings (three or more units), eliminate guest parking requirements.Add reference to 17.44.020(F) for parking requirements for affordable housing. 17.44.020(F)Parking Requirements - Affordable Housing Change threshold for qualified residential projects with 15% or more very-low or low- income units, or 25% or more moderate-income units. 17.58.020(B)Review Authority - By Right Housing Developments In the Precise Development Plan section, indicate that residential projects with a minimum of 20% lower-income units and density bonus projects are subject to a non-discretionary PDP, which are a staff level decision and exempt from CEQA. (State law consistency) City of Hermosa Beach Printed on 5/21/2024Page 3 of 5 powered by Legistar™556 Staff Report REPORT 24-0226 Section Topic Revision17.40.180 Mixed-UseDevelopment For (--HE Overlay sites) developed with mixed-use, requires residential uses to occupy 50% ofthe floor area. (State law consistency) 17.42.250 Work/live developments For (--HE Overlay sites) developed with mixed- use, requires residential uses to occupy 50% of the floor area. (State law consistency) 17.44.020(B)Parking Requirements Add reference to 17.44.020(F) for parking requirements for affordable housing. 17.44.020(C)Parking Requirements For Multiple dwellings (three or more units), eliminate guest parking requirements.Add reference to 17.44.020(F) for parking requirements for affordable housing. 17.44.020(F)Parking Requirements - Affordable Housing Change threshold for qualified residential projects with 15% or more very-low or low- income units, or 25% or more moderate-income units. 17.58.020(B)Review Authority - By Right Housing Developments In the Precise Development Plan section, indicate that residential projects with a minimum of 20% lower-income units and density bonus projects are subject to a non-discretionary PDP, which are a staff level decision and exempt from CEQA. (State law consistency) A resolution with a draft ordinance for the revised sections has been included as Attachment 1.The redlined sections displaying the changes to the affected sections of Ordinance 23-1471 are included as Attachment 2. Timing of Effectiveness of Housing Element-related Ordinances The Housing Element-related zoning changes,memorialized in Ordinance 23-1471 and 23-1473,are slated to take effect upon HCD’s certification of the Housing Element,which has not yet occurred. Because Ordinance 23-1471 has not yet taken effect,the proposed Zoning Text Amendment would not change any regulations currently in practice.If approved,the proposed Zoning Text Amendment would alter Ordinance 23-1471 only and would not affect Ordinance 23-1473. The proposed Zoning Text Amendment would also take effect upon HCD’s certification of the Housing Element.Staff has included a section in the draft Ordinance indicating that the proposed Zoning Text Amendment would amend Ordinance 23-1471 first,then collectively take effect.The language in the proposed Zoning Text Amendment would prevail over language in Ordinance 24-1471 in the event of any conflicts. General Plan Consistency: PLAN Hermosa,the City’s General Plan,was adopted by the City Council in August 2017.Since the State requires General Plan Housing Elements in 8-year cycles,the last Housing Element for the 2014-2021 cycle had been recently updated and was not included in the development of PLAN Hermosa.Upon adoption,the 2021-2029 Housing Element will become a component of the PLAN Hermosa General Plan. The purpose of the Zoning Ordinance is to implement the General Plan. City of Hermosa Beach Printed on 5/21/2024Page 4 of 5 powered by Legistar™557 Staff Report REPORT 24-0226 Environmental Determination: Pursuant to the California Environmental Quality Act (CEQA),the City evaluated the proposed General Map Change,Zoning Changes,and Zone Text Amendments against the PLAN Hermosa Final Environmental Impact Report (EIR)(State Clearinghouse Number 2015081009),certified on August 22,2017,and determined that an Addendum to the PLAN Hermosa Final EIR is the appropriate document for disclosing changes to the PLAN Hermosa EIR in accordance with Section 15162 through of the CEQA State Guidelines,in that there are no significant effects not previously discussed in the PLAN Hermosa Final EIR. Public Notification: For the May 21,2024 Planning Commission public hearing,a legal ad was published on May 9,2024 in the Easy Reader,a newspaper of general circulation.An email announcement was also sent to subscribers of both the Housing Element topics and the Zoning Ordinance topics.Public notification materials are included as Attachment 4. Attachments: 1.Draft PC Resolution 24-XX and Draft Ordinance 2.Redlined Zoning Text Changes 3.Ordinance 23-1471 4.Link to the December 21, 2021 City Council Staff Report 5.Link to the June 20, 2023 Planning Commission Staff Report 6.Link to the July 11, 2023 City Council Staff Report 7.Link to the July 18, 2023 Planning Commission Staff Report 8.Link to the August 8, 2023 City Council Staff Report 9.Link to the August 15, 2023 Planning Commission Staff Report 10.Link to the September 19, 2023 Planning Commission Staff Report 11.Link to the October 10, 2023 Planning Commission Staff Report 12.Link to the October 24, 2023 City Council Staff Report 13.Link to November 14, 2023 Planning Commission Staff Report 14.Link to December 12, 2023 Planning Commission Staff Report 15.SUPPLEMENTAL - Laura Pena eComment 5/21/24 Respectfully Submitted by: Carrie Tai, AICP, Community Development Director Concur: Alexis Oropeza, Planning Manager Legal Review: Patrick Donegan, City Attorney Approved: Carrie Tai, AICP, Community Development Director City of Hermosa Beach Printed on 5/21/2024Page 5 of 5 powered by Legistar™558 CITY OF HERMOSA BEACH PC RESOLUTION NO. 24-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA RECOMMENDING CITY COUNCIL APPROVE ZONE TEXT AMENDMENT (TA) 24-02 AND ORDINANCE TO AMEND PORTIONS OF TITLE 17 OF THE HERMOSA BEACH MUNICIPAL CODE FOR HOUSING ELEMENT-RELATED REGULATIONS PERTAINING TO MIXED USE DEVELOPMENTS, REVIEW PROCESSES, AND MULTI-FAMILY RESIDENTIAL PARKING REQUIREMENTS AND MAKE A DETERMINATION THAT THE ZONING TEXT AMENDMENT IS CONSISTENT WITH THE PLAN HERMOSA ENVIRONMENTAL IMPACT REPORT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, on August 8, 2023, the City Council conducted a public hearing and adopted the revised 2021-2029 Housing Element; and WHEREAS, State law now requires all required rezonings to implement the Housing Element programs to be included in order for the California State Department of Housing and Community Development (HCD) to certify the Housing Element; and WHEREAS, the Housing Element programs include implementation actions that require changes and updates to the City’s Zoning Ordinance regulating the development of residential uses; and WHEREAS, on November 14, 2023, the City Council adopted Ordinance 23-1471 consisting of zoning changes necessary to implement the Housing Element Programs; and WHEREAS, Ordinance 23-1471 is slated to become effective upon HCD’s certification of the Housing Element, which has not yet occurred; and WHEREAS, during review of the City’s Housing Element and evaluation of the Ordinance 23-1471, HCD issued on a comment letter on April 5, 2024, which indicated that changes needed to the adopted Housing Element-related zoning change (Ordinance 23-1471) to be consistent with State law and effectively implement the 2021-2029 Housing Element; and WHEREAS, the April 5, 2024 HCD comment letter indicated that the City must revise the standards for mixed-use development, review processes for certain affordable housing projects, and reduce parking requirements for certain residential projects; and 559 WHEREAS, on May 21, 2024, the Planning Commission conducted a duly- noticed public hearing to consider the proposed Zoning Text Amendment, and after considering public testimony and discussion, recommended that the City Council approve the Zoning Text Amendment with minor revisions; and WHEREAS, pursuant to the California Environmental Quality Act, the City has evaluated the revised Zone Text Amendment and concludes, based on substantial evidence in the record, that the proposed changes would not trigger any of the conditions set forth in State CEQA Guidelines Section 15162 in that the revisions would not result in any new significant environmental impacts nor substantially increase the severity of any significant impacts described in the PLAN Hermosa EIR (State Clearinghouse Number 2015081009), certified on August 22, 2017. Preparation of an EIR Addendum is appropriate, pursuant to CEQA Guidelines Section 15162, and an EIR Addendum has been prepared, dated September 14, 2023, as the City has evaluated the Zone Text Amendment and concluded, based on substantial evidence in the record, that the Zone Text Amendment would not trigger any of the conditions set forth in State CEQA Guidelines Section 15162 or result in any new significant environmental impacts nor substantially increase the severity of any significant impacts described in the PLAN Hermosa EIR. The PLAN Hermosa certified EIR, findings, Mitigation and Monitoring Program, and Statement of Overriding Considerations, are hereby incorporated by reference. THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission of the City of Hermosa Beach hereby recommends City Council adopt Ordinance 24-XX approving Zone Text Amendment 24-02, as included in Exhibit A. VOTE: AYES: NOES: ABSTAIN: ABSENT: CERTIFICATION I hereby certify the foregoing Planning Commission Resolution 24-XX is a true and complete record of the action taken by the Planning Commission of the City of 560 Hermosa Beach, California at its regular meeting of May 21, 2024. ________________________________ ________________________________ Peter Hoffman Carrie Tai Chair Secretary ________________________________ Date 561 Exhibit A Draft Ordinance with Zoning Ordinance Amendments (follows this page) 562 CITY OF HERMOSA BEACH ORDINANCE NO. 24-XX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA APPROVING ZONE TEXT AMENDMENT (TA) 24-02 TO AMEND PORTIONS OF TITLE 17 OF THE HERMOSA BEACH MUNICIPAL CODE FOR HOUSING ELEMENT-RELATED REGULATIONS PERTAINING TO MIXED USE DEVELOPMENTS, REVIEW PROCESSES, AND MULTI-FAMILY RESIDENTIAL PARKING REQUIREMENTS AND MAKE A DETERMINATION THAT THE ZONING TEXT AMENDMENT IS CONSISTENT WITH THE PLAN HERMOSA ENVIRONMENTAL IMPACT REPORT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 17.40.180 (B)(1) is hereby added to Title 17 (Zoning) of the Hermosa Beach Municipal Code as follows: 1. Residential uses must occupy at least 50 percent of the floor area. SECTION 2. Chapter 17.42.250 (C)(2) (Work/live developments.) is hereby added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows: 2. For project sites in the Housing Element (--HE) Overlay, a minimum of 50% of the total floor area must allowed for residential space. SECTION 3. Section 17.44.020 (Off-street parking – Residential uses.) of Chapter 17.44 (Off-Street Parking) of Title 17 (Zoning) of the Hermosa Beach Municipal Code shall be replaced as follows: The aggregate amount of off-street automobile parking spaces provided in connection with each of the following uses shall be not less than the following: Residential Housing Type Parking Requirement A. One (1) family dwelling; Two (2) off-street parking spaces plus one (1) guest space. 563 B. Duplex or two (2) family dwelling; Exceptions: Section 17.44.020(F) Two (2) off-street parking spaces for each unit plus one (1) guest space. One (1) additional space of on-site guest parking shall be provided for each on-street space lost because of new curb cuts and/or driveways. C. Multiple dwellings (three (3) or more units); Exception: Section 17.44.020(F) Spaces per each dwelling unit: Zero to one bedroom: 1.5 spaces Two bedrooms: 2 spaces Three+ bedrooms: 2.5 spaces; ; plus one (1) additional space for each on-street space lost because of new curb cuts and/or driveways. D. Supportive or transitional housing Parking requirement for residential use. Exception: no parking required if within ½ mile of public transit stop. E. Junior accessory dwelling unit and accessory dwelling unit Refer to Section 17.21.050(F). F. Density bonus projects; Projects with 15% or more lower-income affordable units; Projects with 25% or more moderate-income housing; (Maximum Requirement per unit) (1) Zero to one bedroom: one (1) parking space. (2) Two to three bedrooms: one and a half (1.5) parking spaces. (3) Four and more bedrooms: two and one-half (2.5) parking spaces. G. Residential Care Facilities – Small. Same as the Residential Housing Type H. Residential Care Facilities – Large; Assisted Living Facility 1 for every 3 beds I. Emergency Shelters; Low Barrier Navigation Centers One (1) space for each staff member or employee on duty. SECTION 4. Section 17.58.020(B)(2) of Title 17 (Zoning) of the Hermosa Beach Municipal Code shall be amended as follows: B. Precise Development Plans shall be decided upon by the Planning Commission with the following exceptions which shall be decided upon by the Community Development Director or designee: 564 1. New residential projects with two (2) or more dwelling units including a minimum of 20% lower-income units 2. Projects including minimum of 20% lower-income units that qualify for a density bonus pursuant to Section 17.42.100 3. Review for projects subject to said non-discretionary precise development plan shall: a. Focus solely on physical design and ensuring conformance with objective development standards; and b. Not constitute a ‘project’ pursuant to the California Environmental Quality Act (CEQA) SECTION 5. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remainder of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof is declared invalid or unconstitutional. SECTION 6. Effective Date. This Ordinance shall take effect thirty (30) days after its passage and adoption pursuant to California Government Code section 36937, or upon certification of the City’s 2021-2029 Housing Element (6th Cycle) by the California Department of Housing and Community Development, whichever is later. SECTION 7. Relationship to Ordinance 24-1471 (adopted November 14, 2023). This Ordinance shall apply to language in Ordinance 24-1471 prior to both Ordinances taking effect at the same time. Whenever a conflict exists between this ordinance and Ordinance 24-1471, this Ordinance shall prevail. SECTION 8. Certification. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. 565 PASSED, APPROVED and ADOPTED on this ________________ day of June, 2024. Justin Massey PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM: ________________________________ ________________________________ Myra Maravilla Patrick Donegan City Clerk City Attorney 566 Page 1 of 11 For Reference Only - Legislative Digest – Zone Text Amendment 24-02 Section 17.40.180 (Mixed Use Development of Chapter 17.40 (Conditional Use Permit and Other Permit Standards) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is hereby replaced as follows: 17.40.180 Mixed-use development For uses allowed in the C-1 Zone and for Housing Element Sites Inventory Sites (-- HE) as part of a mixed-use development, the following conditions and standards of development, in addition to any other deemed necessary or appropriate to ensure compatibility with existing or permitted uses in the vicinity, shall be required: A. Mixed-Use Developments shall be subject to a Precise Development Plan in accordance with Chapter 17.58. B. Residential Development Standards. The residential portion of a mixed-use development shall be subject to the following development standards: 1. Residential uses must occupy at least 50 percent of the floor area. 1.2. If the residential portion of a mixed-use development is a condominium development, then the development shall be subject to the condominium development standards as set forth in Chapter 17.22. 2.3. Rear and Side Yard setbacks shall be subject to Chapter 17.16. 3.4. Building design guidelines shall be subject to Chapter 17.42.260. 4.5. Building height shall be regulated by underlying zoning district the site is located. 5.6. The placement of buildings shall conform to the standards set forth in Chapter 17.16.050. 6.7. Any expansion of a structure that existed prior to (date of codification), to implement a mixed-use configuration, is subject to the standards of the underlying zone, and Chapter 17.52, relating to nonconforming structures. 7.8. Applicability of other standards. All other standards shall be governed by the sites underlying zoning district and the City zoning ordinance. C. Commercial Development Standards. In addition to the requirements of the commercial zone, the following standards shall apply to the mixed-use development. 1. Ground floor commercial spaces shall have a minimum average depth of 30-feet. 2. Building frontage shall be used for commercial purposes with the exception of entry-exit corridors and stairs for accessing the residential units, and/or for driveways to access parking. 567 Page 2 of 11 D. General Development Standards 1. Noise: Residential uses shall be separate from commercial uses by sound proofed floors and walls with minimum sound transmission rating as required for condominiums as set forth in Chapter 17.22. Commercial uses hours of operations shall be limited where appropriate so that residents are not exposed to offensive noise or activity. 2. Security: Entrances for residences shall be separate from non- residential uses and be independently accessible to pedestrian and parking areas. 3. Lighting: Outdoor lighting and lighting for signs associated with commercial uses designed so as not to adversely impact residences. No flashing, blinking or high intensity lighting. Adequate lighting to illuminate parking areas and corridors to access parking and public sidewalk. Lighting for signs may only be illuminated during business hours. E. Signs. Signs shall be limited to the commercial space frontage pursuant to the requirements of Chapter 17.50. F. Allowed Commercial Uses. Permitted commercial uses within a mixed-use development shall be as permitted in the underlying commercial zone with the following exceptions which shall not be permitted: 1. Late-night restaurants and bars; 2. Laundry and dry-cleaning businesses; 3. Parking lots and/or structures. G. Limitations on hours of operation. The hours of operation for any commercial use shall be limited to 8:00 a.m. to 10:00 p.m. H. Parking and Transportation Storage 1. Vehicle parking shall be in accordance with Chapter 17.44. a. Reduced vehicle parking may be planned in accordance with Section 17.44.210 Parking Plans. Application fees for Parking Plans that accompany a development for affordable housing may be waived; all other application fees apply. 2. Bicycle Parking Standards. a. Spaces Required. 1. Residential Uses. A minimum of one bicycle parking space shall be provided for every five units for Residential, Group Residential, and Single Room Occupancy. 2. Other Uses. Any establishment with 25 or more full time equivalent employees shall provide bicycle parking at a minimum ratio of one space per 25 vehicle spaces. 568 Page 3 of 11 b. Location. Bicycle parking must be located on the same lot as the use it serves. In parking garages, long-term bicycle parking must be located near an entrance to the facility. c. Security. Long-term bicycle parking must be in: 1. An enclosed bicycle locker; or 2. A fenced, covered, locked or guarded bicycle storage area; or 3. A rack or stand inside a building that is within view of an attendant or security guard or visible from employee work areas or within secure/restricted bicycle storage room; or 4. Other secure area approved by the Director. d. Size and Accessibility. 1. Each bicycle parking space shall accommodate a variety of bicycle types, but generally be a minimum of two feet in width and size feet in length. 2. Bicycles shall be accessible without moving another bicycle. 3. Access to a bicycle parking area shall not be through vehicle parking spaces. e. Bicycle Parking Reductions and Modifications. A modification for a reduction in the number of required bicycle parking spaces or to other standards of this Section may be granted pursuant to Section 17.44.210, Parking Plans, if the review authority finds that: 1. Adequate site space is not available on an existing development to provide bicycle parking; or 2. Reduced bicycle parking is justified by reasonably anticipated demand; or 3. Other criteria based on unusual or specific circumstances of the particular case as deemed appropriate by the review authority. I. Owner shall disclose separately and in writing upon sale or rental of the subject property that it is a mixed- use development and permits commercial and residential uses. 569 Page 4 of 11 Chapter 17.42.250 (Work/live developments.) is hereby added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows: A. Purpose. This purpose of this section is to allow and establish requirements for work/live developments. Units within work/live developments are intended to allow for a non-residential primary use, with an accessory residential use, which together foster creative and innovative industrial uses. B. Applicability. Work/live units are allowed in the M-1 zoning district. C. General Provisions. 1. Work/live units must be located in a development, building, or structure approved and permitted for such use. This section is not intended to allow conversion of non-residential spaces in a fully non- residential building into full or partial residential spaces. 2. For project sites in the Housing Element (--HE) Overlay, a minimum of 50% of the total floor area must be allowed for residential space. 2.3. The non-residential component of work/live units must comply with the uses set forth in Section 17.28.020 (Permitted uses). 3.4. The non-residential and the residential units must be occupied by the same tenant. 4.5. Residential areas are permitted above or behind the non- residential component, provided that there is internal access between the residential and non-residential unit. 5.6. The non-residential component shall be operated indoors and shall not be conducted in any required yard or parking area. 6.7. Signage intended to promote on-site non-residential uses shall comply with Section 17.50.150. 7.8. The external access for the non-residential component shall be oriented to the street and should have at least one external entrance/exit separate from the residential space. The entrance to the non-residential component shall be located on the ground level. 8.9. The work/live unit shall be required to provide parking in accordance with Chapter 17.44 (Off-Street Parking). 9.10. The non-residential use shall not generate external noise, odor, glare, vibration or electrical interference detectable to the normal sensory perception by adjacent neighbors. 10.11. No explosive, toxic, combustible or flammable materials in excess of what would be allowed incidental to normal residential use shall be stored or used on the premises. 570 Page 5 of 11 D. Short term rentals prohibited. It shall be unlawful for any person to offer or make available for rent or to rent (by way of a rental agreement, lease, license or any other means, whether oral or written) for compensation or consideration a residential dwelling, a dwelling unit or a room in a dwelling for less than thirty (30) consecutive days. It shall be unlawful for any person to occupy a residential dwelling, a dwelling unit or a room in a dwelling for less than thirty (30) consecutive days pursuant to a rental agreement, lease, license or any other means, whether oral or written, for compensation or consideration. 571 Page 6 of 11 Section 17.44.020 (Off-street parking – Residential uses.) of Chapter 17.44 (Off- Street Parking) of Title 17 (Zoning) of the Hermosa Beach Municipal Code shall be replaced as follows: The aggregate amount of off-street automobile parking spaces provided in connection with each of the following uses shall be not less than the following: Residential Housing Type Parking Requirement A. One (1) family dwelling; Two (2) off-street parking spaces plus one (1) guest space. B. Duplex or two (2) family dwelling; Exceptions: Section 17.44.020(F) Density Bonus Projects Two (2) off-street parking spaces for each unit plus one (1) guest space. One (1) additional space of on-site guest parking shall be provided for each on-street space lost because of new curb cuts and/or driveways. C. Multiple dwellings (three (3) or more units); Exception: Section 17.44.020(F)Density Bonus Projects Spaces per each dwelling unit: Zero to one bedroom: 1.5 spaces Two bedrooms: 2 spaces Three+ bedrooms: 2.5 spaces; plus one (1) guest space for each two (2) dwelling units; plus one (1) additional space for each on-street space lost because of new curb cuts and/or driveways. D. Supportive or transitional housing Parking requirement for residential use. Exception: no parking required if within ½ mile of public transit stop. E. Junior accessory dwelling unit and accessory dwelling unit Refer to Section 17.21.050(F). F. Density bonus projects; Projects with 15% or moreover 20% lower- income affordable units; Projects with 25% or more moderate- income housing; Senior housing (Maximum Requirement per unit) (1) Zero to one bedroom: one (1) parking space. (2) Two to three bedrooms: one and a half (1.5) parking spaces. (3) Four and more bedrooms: two and one-half (2.5) parking spaces. G. Residential Care Facilities – Small. Same as the Residential Housing Type 572 Page 7 of 11 H. Residential Care Facilities – Large; Assisted Living Facility 1 for every 3 beds I. Emergency Shelters; Low Barrier Navigation Centers One (1) space for each staff member or employee on duty. 573 Page 8 of 11 Chapter 17.58 (Precise Development Plan) of Title 17 (Zoning) of the Hermosa Beach Municipal Code shall be replaced as follows: 17.58.010 Purpose This Chapter establishes the Precise Development Plan procedure to ensure that new development supports the goals and objectives of the General Plan and other adopted plans and guidelines. The specific purposes of the Precise Development Plan process are to: A. Promote excellence in design, layout, and other physical features of development to achieve a reasonable level of quality, compatibility, in harmony with the community’s social, economic and environmental objectives; B. Ensure that new and altered development will be compatible with the existing and potential development of the surrounding area; and C. Supplement other City regulations and standards in order to ensure control of physical features of development that are not otherwise addressed. 17.58.020 Applicability and Review Authority A. A Precise Development Plan review is required for all projects that require a permit for new construction, rehabilitation, alteration, or other improvements to the exterior of a structure, site or a parking area except for: 1. Single-family (1 unit) residences; Projects with four (4) or less dwelling units, including new construction, remodels or additions thereto; and 2. Remodels or additions of less than one thousand five hundred (1,500) square feet in any zone. B. Precise Development Plans shall be decided upon by the Planning Commission with the following exceptions which shall be decided upon by the Community Development Director or designee: 1. New residential projects with two (2) or more dwelling units including a minimum of 20% lower-income units 2. Projects including minimum of 20% lower-income units that qualify for a density bonus pursuant to Section 17.42.100 3. Review for projects subject to said non-discretionary precise development plan shall: a. Focus solely on physical design and ensuring conformance with objective development standards; and 574 Page 9 of 11 b. Not constitute a ‘project’ pursuant to the California Environmental Quality Act (CEQA) 1. New construction, rehabilitation, alteration, or other improvements to the exterior of a structure, site or a parking area for: 1. Projects with two (2) or more dwelling units with affordable units or senior units (refer to section 17.42.100Projects that qualify for a density bonus pursuant to Section 17.42.100 or are comprised entirely of residential units restricted to be affordable to moderate- or lower-income households shall be subject to a non-discretionary precise development plan focusing solely on physical design and ensuring conformance with objective development standards, rather than examining the appropriateness of the use itself; said precise development plan process is not a ‘project’ and is not subject to the California Environmental Quality Act (CEQA). C. Application. All applications for Precise Development Plan shall be filed with the Community Development Department on forms prescribed by the Community Development Director. D. Concurrent Processing. When a development project requires a Use Permit, Variance, or any other discretionary approval, the Precise Development Plan application shall be submitted as a part of the application for the underlying permit, Use Permit, or Variance., except as noted in Section 17.58.020(B)(1)(ii)(1). E. Notification. 1. An application for a Precise Development Plan decided upon by the Community Development Director or design shall require a mailed notice to the applicant. 2. An application for a Precise Development Plan decided upon by the Planning Commission shall require notice, pursuant to Chapter 17.68, Procedure, Hearings, Notices and Fees F. Review Authority 1. Public Hearing is required for projects subject to Section 17.58.20(A). An application for a Precise Development Plan shall require a public hearing before the Planning Commission, pursuant to Chapter 17.68, Procedure, Hearings, Notices and Fees 2. The Community Development Director shall act as the review authority for projects subject to Section 17.58.020(B). No public hearing shall be required. 575 Page 10 of 11 17.58.030 Scope of Precise Development Plan Review A. Precise Development Plan Review Considerations. Precise Development Plan review shall be based on consideration of the requirements of this Chapter as they apply to the design of the site plan, structures, landscaping, and other physical features of a proposed project, including: 1. Building proportions, massing, and architectural details. 2. Site design, orientation, location, and architectural design of buildings relative to existing structures on or adjacent to the property, topography, and other physical features of the natural and built environment; 3. Size, location, design, development, and arrangement of site access for modes of transportation, including on-site vehicle and bicycle parking. 4. Height, materials, and design of fences, walls, and screen plantings; 5. Location and type of landscaping including selection and size of plant materials, and design of hardscape; and 6. Size, location, design, color, lighting, and materials of all signs. 17.58.040 Required Findings The review authority must make all of the following findings to approve or conditionally approve a Precise Development Plan application. The inability to make one or more of the findings is grounds for denial of an application. A. The design, layout, and other physical features of the project comply with all other applicable provisions of this Title and all other titles of the Hermosa Beach Municipal Code; B. The design, layout, and other physical features of the project are consistent with the General Plan, and any applicable specific plan or design guidelines; and C. The design, layout, and other physical features of the project comply with any design or development standards applicable to the zone, unless waived or modified pursuant to the provisions of this Title. 17.58.050 Conditions of Approval In approving a Precise Development Plan, the review authority may impose reasonable conditions or restrictions and/or require reasonable guarantees and 576 Page 11 of 11 evidence that such conditions are being, or will be, complied with, to achieve the following outcomes: A. Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the city council; B. Achieve the general purposes of this Title or the specific purpose of the zone in which the project is located; C. Achieve the findings for a Precise Development Plan listed in Section 17.58.050, Required Findings; or; D. Mitigate any potentially significant impacts identified because of environmental review conducted in compliance with the California Environmental Quality Act. 577 Page 1 of 57 ORD #23-1471 CITY OF HERMOSA BEACH ORDINANCE NO. 23-1471 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE HERMOSA BEACH MUNICIPAL CODE TO IMPLEMENT HOUSING ELEMENT POLICIES AND PROGRAMS, AND DETERMINE PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT THAT THE PROJECT IS CONSISTENT WITH THE PLAN HERMOSA ENVIRONMENTAL IMPACT REPORT THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The alphabetical list of definitions in Section 17.04.040 (General definitions) of Chapter 17.04 (Definitions) of Title 17 (zoning) is amended to include the following definitions, in alphabetical order: Emergency shelters shall include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care with minimal supportive services that limits occupancy by homeless persons to six (6) months or less in any year, and does not deny occupancy due to a person’s inability to pay. Low Barrier Navigation Center. A Housing First, low barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low Barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following: a.The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth. b.Pets. c.The storage of possessions. d.Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms. Residential Care Facilities. A facility licensed by the state of California to provide living accommodations, 24-hour care for persons requiring personal services, supervision, protection, or assistance with daily tasks. Amenities may include shared living quarters, with or without a private bathroom or kitchen facilities. This use classification includes those both for and not-for-profit institutions, but excludes Supportive Housing and Transitional Housing. DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 578783 Page 2 of 57 ORD #23-1471 Residential Care Facility, Small. A facility that is licensed by the state of California to provide care for six or fewer persons. Residential Care Facility, Large. A facility that is licensed by the state of California to provide care for more than six persons. Residential Facility, Assisted Living. A facility that provides a combination of housing and supportive services for the elderly or functionally impaired, including personalized assistance, congregate dining, recreational, and social activities. These facilities may include medical services. Examples include assisted living facilities, retirement homes, and retirement communities. These facilities typically consist of individual units or apartments, with or without kitchen facility, and common areas and facilities. The residents in these facilities require varying levels of assistance. Supportive Housing. Pursuant to Health and Safety Code 50675.14, “means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing his or her ability to live and, when possible, work in the community. For purposes of this definition, "target population" means to people with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly people, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and people experiencing homelessness. Transitional Housing: Transitional housing is a type of supportive housing and configured as a rental housing development, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance. Work/Live Unit. A Work/Live unit is defined as a single unit (e.g., studio, loft, or one bedroom) consisting of both a non-residential and a residential component that is occupied by the same resident. SECTION 2. The following list of definitions in Section 17.04.040 (General definitions) of Chapter 17.04 (Definitions) of Title 17 (zoning) is hereby deleted: Medical or residential care facility means a nursing and convalescent home as licensed by State Department of Public Health, and includes residential care homes as licensed by State Department of Social Welfare Services, Community DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 579784 Page 3 of 57 ORD #23-1471 Care Licensing Division. This term also includes group living quarters housing persons placed by an authorized agency for rehabilitation purposes and is funded by or licensed by or is operated under the auspices of an appropriate federal, state or county governmental agency. Transitional housing and transitional housing development means buildings configured as rental housing developments, but operated under federal, state or local housing program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six (6) months. Transitional housing is a residential use subject to the same regulations and procedures that apply to other residential uses of the same type in the same zone. SECTION 3. Section 17.06.010 (Names of Zones) of Chapter 17.06 (Establishment of Zones) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is amended to read as follows: In order to classify, regulate, restrict and segregate the uses of land and buildings, to regulate and restrict the height and bulk of buildings and to regulate the area of yards and other open spaces about buildings and to regulate the destiny of population, eightteen (18) classes of zones are by this ordinance established to be known as follows: SPA Specific Plan Areas R-1 Single-family residential zone. R-1A Two dwelling units per lot zone. R-2 Two-family residential zone. R-2A Medium Density residential (22) zone. R-2B Limited multiple-family residence zone. R-3 Multiple-family residential zone. MHP Mobilehome park development district. R-P Residential professional zone. C-1 Limited business and residential. C-2 General commercial district. DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 580785 Page 4 of 57 ORD #23-1471 C-3 General and highway commercial district. M-1 Light manufacturing zone. PF Public facility zone. RPD Residential planned development. O-S Open space zone. O-S-1 Restricted open space zone. O-S-2 Restricted open space zone. Where areas are shown upon the zoning map enclosed with an O, the areas thus shown are intended to approximate the future location for that type of land use indicated by the symbol therein enclosed within a circle. (See Chapter 17.42.) Uncircumscribed symbols within such designated areas represent classification. SECTION 4. Subsection (F), (J) and (N) of Section 17.08.020 (Permitted Uses) of Chapter 17.08 (R-1 Single Family Residential Zone) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is amended to read as follows: F. Supportive and Transitional Housing for six (6) or fewer persons. J. Residential Care Facilities – Small. N. Residential Facility, Assisted Living. SECTION 5. Subsection (P) of Section 17.08.020 (Permitted Uses) of Chapter 17.08 (R-1 Single Family Residential Zone) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is hereby added to read as follows: P. Residential Care Facilities – Large SECTION 6. Subsection (B) of Section 17.12.010 (Permitted Uses) of Chapter 17.12 (R-2 Two Family Residential Zone) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is amended to read as follows: B. Attached, and/or detached multiple-family dwelling units; (Refer to Chapter 17.58) SECTION 7. Subsection (E) of Section 17.12.010 (Permitted Uses) of Chapter 17.12 (R-2 Two Family Residential Zone) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is hereby added to read as follows: DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 581786 Page 5 of 57 ORD #23-1471 E. Supportive and Transitional Housing meeting requirements set forth in 17.42.220. SECTION 8. Chapter 17.13 (R-2A – Medium Density Residential (22)) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is hereby added to read as follows: 17.13.010 Permitted uses. The purpose of the R-2A zone is to allow the same uses as R-2, but allow for development of a minimum density of 22 dwelling units per acre. In an R-2 zone only the following uses that are hereinafter specifically provided and allowed are permitted, subject to the provisions of Chapter 17.44 governing off-street parking requirements: A.Any use permitted in the R-1 (one-family) residential zone; B.Attached, and/or detached multiple-family dwelling units; C.Condominium developments consistent with the provisions of the condominium ordinance of the City; D.Conditional uses as set forth in Chapter 17.40. E.Supportive and Transitional Housing meeting requirements set forth in 17.42.220 17.13.015 Short term vacation rentals prohibited. It shall be unlawful for any person to offer or make available for rent or to rent (by way of a rental agreement, lease, license or any other means, whether oral or written) for compensation or consideration a residential dwelling, a dwelling unit or a room in a dwelling for less than thirty (30) consecutive days. It shall be unlawful for any person to occupy a residential dwelling, a dwelling unit or a room in a dwelling for less than thirty (30) consecutive days pursuant to a rental agreement, lease, license or any other means, whether oral or written, for compensation or consideration. 17.13.020 Development standards. A.Building Height. Any building shall not exceed a maximum of thirty (30) feet in height. B.Front Yard. Every lot shall have a front yard setback equal to at least five (5) feet unless a greater than five (5) foot setback is indicated on the official zoning map of the City, in which case, the larger figure shall apply. C.Side Yards. Every lot shall have a side yard on each side of the lot equal to ten (10) percent of the width of the lot, provided such side yard shall not be less than three (3) feet in width and need not exceed five (5) feet in width. D.Rear Yard. Every lot shall have a rear yard not less than five (5) feet in depth. The second floor can be three (3) feet from the property line. On any alley DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 582787 Page 6 of 57 ORD #23-1471 the rear yard requirement is a depth of three (3) feet from the property line on the first floor and one (1) foot from the property line on the second floor. E.Additional Yard Regulations. R-2A zones shall be subject to additional yard regulations as provided in Chapter 17.46. 17.13.030 Off-street parking. Off-street parking requirements and regulations for the R-2 zone are provided in Chapter 17.44. 17.13.040 Lot area. The minimum lot area for new lots in the R-2 zone created by subdivision or other means shall be four thousand (4,000) square feet. 17.13.050 Lot area per dwelling unit. The minimum lot area per dwelling unit shall be not less than one thousand seven hundred fifty (1,750) square feet. 17.13.060 Permissible lot coverage. All buildings, including accessory buildings, shall not cover more than sixty-five (65) percent of the area of the lot. 17.13.070 Placement of buildings. Placement of buildings on any lot shall conform to the following: A.No building may occupy any portion of the required yard. B.Any building used for human habitation shall not be located closer to the rear property line than a distance of five (5) feet; however, where a rear yard abuts a street or alley, the building may be located three (3) feet from the rear property line on the first floor and one (1) foot from the property line on the second floor. C.The distance between any buildings used for human habitation shall be not less than six (6) feet. The distance between a main building and an accessory building shall be not less than six (6) feet. 17.13.080 Open space. There shall be a minimum of three hundred (300) square feet of usable open space per dwelling unit. DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 583788 Page 7 of 57 ORD #23-1471 A.One hundred (100) square feet of the required open space shall be directly accessible to and at the same floor level of the primary living area of each unit. B.Each qualifying open space area may be covered up to fifty (50) percent but shall not be enclosed on more than two (2) sides by building walls or guardrails greater than forty-two (42) inches in height. A trellis may be allowed to cover an entire open area so long as the open areas between the trellis beams is equal to or exceeds the area required to remain open and uncovered. C.The minimum dimension of open space areas shall be seven (7) feet by seven (7) feet. D.Open space areas may include pools, spas, gardens, play equipment, decks over non-living areas, and decks over living areas of the same dwelling unit but shall not include driveways, turning areas, parking areas and required front, rear and side yard areas. E.Roof Decks. A maximum of one hundred (100) square feet of required open space may be provided on a roof deck, with minimum dimension of seven (7) feet by seven (7) feet. For the purposes of this section, "roof deck" is defined as the walkable or otherwise usable open space area located above the roof framing of the building, the only access to which is from the floors below. F.When computing open space in conjunction with yard areas, only an area which exceeds the minimum required yard area may be counted toward open space and only if the overall dimension of the required setback and the exceeding area together has a dimension of at least seven (7) feet in width and length. G.Circular, triangular, odd and/or unusual shaped open space areas shall have a minimum of forty-nine (49) square feet in area as well as minimum seven (7) foot dimensions. H.Decks, balconies or similar areas which extend over more than one (1) dwelling unit shall have a minimum S.T.C. rating of fifty-eight (58). I.Each development of five (5) or more units shall provide one hundred (100) square feet of common open space area or facility per unit in addition to required open space. The common open space area may include play area, pool, spa, recreation room, gym, garden and similar amenities for the common use of all owners, but shall not include driveways, turning areas, parking areas, and required front, rear and side yard areas. 17.13.090 Lot width. Every lot shall have a width of not less than forty (40) feet at the rear line of the required front yard. 17.13.100 Sign regulations. DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 584789 Page 8 of 57 ORD #23-1471 All signs in the R-2A zone shall conform to the requirements and regulations of this code. SECTION 9. Subsection (B) of Section 17.14.010 (Permitted Uses) of Chapter 17.14 (R-2B Limited Multiple-Family Residential Zone) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is amended to read as follows: B. A two (2) family dwelling unit per lot; provided, that it is designed for families as a duplex or condominium; a detached one (1) family dwelling will be allowed if one (1) existed on the lot on the effective date of the ordinance codified in this chapter, provided all yard requirements are conformed to; (Refer to Chapter 17.58 for multiple-family dwellings and 17.22 for condominiums) SECTION 10. Subsection (E) of Section 17.14.010 (Permitted Uses) of Chapter 17.14 (R-2B Limited Multiple-Family Residential Zone) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is hereby added to read as follows: E. Supportive and Transitional Housing meeting requirements set forth in 17.42.220. SECTION 11. Subsection (B) of Section 17.16.010 (Permitted Uses) of Chapter 17.16 (R-3 Multiple-Family Residential Zone) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is amended to read as follows: B. Multiple dwellings; (Refer to Chapter 17.58) SECTION 12. Subsection (E) of Section 17.16.010 (Permitted Uses) of Chapter 17.16 (R-3 Multiple-Family Residential Zone) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is hereby added to read as follows: F. Emergency shelters (Refer to Section 17.42.210) SECTION 13. Section 17.16.020 (Height) of Chapter 17.16 (R-3 Multiple-Family Residential Zone) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is amended to read as follows: Intent and Purpose. The intent and purpose of this section is to set a standard height limit for most projects in scale with existing development and to minimize view obstruction. However, to recognize that pre-existing development in some neighborhoods and/or clusters of lots are already predominately built higher that the height limit, this section also allows some projects to exceed the height limit to enable property owners to enjoy the same rights to view, sunlight and air enjoyed by those property owners with the higher buildings. This section further sets forth the conditions and design criteria for determining whether a project is allowed to exceed the height limit. DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 585790 Page 9 of 57 ORD #23-1471 A.No building shall exceed thirty (30) feet in height unless in compliance with subsections (B), (C), or (D) of this section. Refer to Chapter 17.22 for additional height requirements for condominium projects located adjacent to walk streets. B.The planning commission shall hold a public hearing and may grant or conditionally grant an exception to allow a multiple- or single-family building to exceed thirty (30) feet in height up to a maximum of thirty-five (35) feet in height when all of the following conditions are met to the satisfaction of the planning commission (subject to appeal to the city council pursuant to Section 17.58.040): 1.An extension above the height limit is necessary to take advantage of a scenic view over surrounding structures which are already constructed above thirty (30) feet in height. Said structures already in excess of thirty (30) feet would otherwise significantly obstruct the proposed project’s view potential; 2.The proposed development is located between, and adjacent to, two (2) or more contiguous lots with buildings constructed in excess of the thirty (30) foot height limit; 3.The structural extension above thirty (30) feet will not adversely impact the available views, and access to sunlight and air of adjacent and surrounding properties; 4.If all the above conditions are satisfied, the following design features of the portion of the building above thirty (30) feet shall also be considered by the planning commission to determine if an exception should be granted: a.The style and pitch of the roof, b.The mass and bulk of the proposed structure above thirty (30) feet (in order to minimize bulk of the upper floor), c.The architectural appearance, as exhibited by the type, style, and shape of the structure and the proposed exterior materials. C.Application and public hearing requirements for processing exceptions to the height limit shall be in accordance with procedures established by the city council. Applicants for exceptions shall provide detailed topographical surveys and spot elevations of existing buildings for determining if existing building on adjacent lots exceed thirty (30) feet. D.Projects utilizing criteria under Section 17.42.100(B) – State Affordable Housing Density Bonus – may exceed the height limit per designated criteria. SECTION 14. Section 17.16.100 (Building Design Guidelines) of Chapter 17.16 (R-3 Multiple-Family Residential Zone) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is added to read as follows: All new development shall be subject to Section 17.42.250. DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 586791 Page 10 of 57 ORD #23-1471 SECTION 15. Section 17.20.100 (Building Design Guidelines) of Chapter 17.20 (R-P Residential Professional) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is added to read as follows: All new development shall be subject to Section 17.42.250. SECTION 16. Section 17.26.020 (Specific purposes) of Chapter 17.26 (C1, C2 and C3 Commercial Zones) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is amended to read as follows: A. In addition to the general purposes listed in Chapter 17.02 the specific purposes of the commercial zones are to: 1. Provide appropriately located areas consistent with the general plan for a full range of office, retail commercial, and service commercial uses needed by residents of, and visitors to, the City and region; 2. Strengthen the City’s economic base, and also protect small businesses that serve City residents; 3. Create suitable environments for various types of commercial and compatible residential uses, and protect them from the adverse effects of inharmonious uses; 4. Minimize the impact of commercial development on adjacent residential districts; 5. Ensure that the appearance and effects of commercial building and uses are harmonious with the character of the area in which they are located; 6. Ensure the provision of adequate off-street parking and loading facilities; 7. Provide sites for public and semi-public uses needed to complement commercial development or compatible with a commercial environment; B. The additional purposes of each zone are as follows: 1. C-1 Neighborhood Commercial Zone. To provide sites for a mix of small local businesses appropriate for, and serving the daily needs of nearby residential neighborhoods; while establishing land use regulations that prevent significant adverse effects on abutting residential uses. 2. C-2 Downtown Commercial Zone. To provide opportunities for a pedestrian-oriented range of office, retail, and service commercial uses specifically appropriate for the scale and character of the downtown, along with mixed-use opportunities including residential development, to form a resident and visitor serving downtown district. 3. C-3 General Commercial Zone. To provide opportunities for the full range of office, retail, service, mixed-use, and multi-family uses in a scale deemed suitable for the City, and appropriate for the Pacific Coast Highway and Aviation Boulevard commercial corridors. DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 587792 Page 11 of 57 ORD #23-1471 SECTION 17. Section 17.26.030 (C-1, C-2 and C-3 land use regulations) of Chapter 17.26 (C1, C2 and C3 Commercial Zones) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is amended to read as follows: C-1, C-2 and C-3 ZONES, LAND USE REGULATIONS P = Permitted -= Not Permitted A = Administrative Permit PDP = Precise Development Plan U = Conditional Use or Other Permit Required (See Chapter 17.40) Uses C1 C2 C3 See Section Mixed-Uses (residential uses with ground floor commercial use(s)) U PDP** PDP** PDP** 17.40.180 Residential PDP** PDP** PDP** 17.16 Low Barrier Navigation Center A A A 17.42.240 Residential Facility, Assisted Living A A A Residential Care Facilities – Small. P P P Residential Care Facilities – Large A A A 17.42.230 Supportive Housing, Up to 50 Units. A A A 17.42.220 Supportive Housing, Over 50 Units U U U 17.56 and 17.42.220 *Allowed by special permit by city council on public streets/right-of-way, pursuant to Section 12.12.070, and permitted by right on private property in conjunction with such a special permit. ** Housing Element Sites Inventory Overlay Sites (--HE) only SECTION 18. Section 17.26.050 (Standards and limitations.) of Chapter 17.26 (C1, C2 and C3 Commercial Zones) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is added to read as follows: J.Building design. Building design shall be provided as specified by Chapter 17.42.260. SECTION 19. Section 17.28.010 (Specific purposes) of Chapter 17.28 (M-1 Light Manufacturing Zone) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is amended to read as follows: In addition to the general purposes listed in Chapter 17.02, the specific purposes of the light manufacturing zone is to: DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 588793 Page 12 of 57 ORD #23-1471 A.Provide appropriately located areas consistent with the general plan for a range of light manufacturing, creative industrial, and “work/live” residential, including certain appropriate service commercial uses. B.Strengthen the City’s economic base and employment base by creating flexible zoning for existing small businesses that are owned by, serve and employ City residents. C.Create and maintain suitable environments for various types of light industrial use and compatible uses. D.Minimize the impact of development in the M-1 zone by allowing for creative transitions between small scale light industrial and adjacent residential districts. E.Ensure that the appearance and effects of buildings in the M-1 zone are harmonious with the character of the area which they are located. SECTION 20. Section 17.28.010 (Specific purposes) of Chapter 17.28 (M-1 Light Manufacturing Zone) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is hereby deleted: E.Ensure the provision of adequate off-street parking and loading facilities. SECTION 21. Section 17.28.020 (Permitted uses) of Chapter 17.28 (M-1 Light Manufacturing Zone) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is amended as follows: In the following matrix, the letter "P" designates use classifications permitted and the letter "U" designates use classifications permitted by approval of a conditional use permit. Use classifications not listed are prohibited. Section numbers listed under "see section" reference additional regulations located elsewhere in the Zoning Ordinance or Municipal Code. Work/Live PDP** Chapter17.58 Residential Uses PDP** Chapter 17.16 ** Housing Element Sites Inventory Overlay Sites (--HE) only SECTION 22. Section 17.28.030 (Standards and limitations) of Chapter 17.28 (M-1 Light Manufacturing Zone) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is amended as follows: Every use permitted or maintained in the M-1 zone shall be subject to the following: A.Parking. Parking shall be provided as specified in Chapter 17.44. B.Enclosures. All uses shall be conducted wholly within a building enclosed on all sides, except for the following: DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 589794 Page 13 of 57 ORD #23-1471 1.Outdoor uses permitted by conditional use permit as stated in the permitted use list; 2.Commercial parking lots; 3.Uses incidental to a use conducted primarily within a building located on the premises; provided, that such incidental uses are not conducted in whole or in part on sidewalks, public ways or within any required front or rear yard; and provided further, that such incidental uses are conducted within buildings. Where incidental uses are not conducted within a building, no part of the area devoted to the incidental uses shall be considered as part of the required parking facilities. All outdoor storage shall be substantially screened from public visibility, public streets, parks or other public places and property. C.Signs. Signs for this section are regulated by Section 17.50.140. D.Building Height. Any building may have a maximum of thirty-five (35) feet in height. E.Front Yard Setback. No lot need provide a front yard except as may be required by a precise plan. F.Alley Setback. Any building located on an alley shall maintain a distance of not less than three (3) feet from such alley. G.Rear and Side Yard Setback Adjacent to Residential Zones. A minimum rear and/or side yard setback of eight (8) feet shall be provided, and additional two (2) feet of setback shall be provided for each story over the first story for structures that abut residential zones, except where public rights-of-way, twenty (20) feet or greater in width, separate the M-1 zone from the residential zone. H.Landscaping Adjacent to Residential Zones. The required rear and/or side yard area shall be landscaped and provided with an automatic watering system. Size, quantity and type of landscaping shall be subject to review and approval by the planning director. Landscaping shall be appropriately maintained, trimmed and void of weeds. SECTION 23. Chapter 17.29 (Public Facility Zone) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is added as follows: 17.29.010 Intent The PF Zone is intended to provide for a broad range of government, institutional, educational, assembly, and community-serving uses. This Zone provides for government-owned facilities, civic-related administrative offices, community space, operational yards, educational or institutional facilities, and other public and quasi-public uses. The PF Zone implements the Public Facility General Plan Land Use Designation. 17.29.020 Permitted Uses DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 590795 Page 14 of 57 ORD #23-1471 USES P/U See Section Assembly Hall PDP Convention Hall PDP Government Facilities P Mini-Storage, Personal U 17.40.020 Monuments P Office, General P Parking Lot, and/or Structure (primary use) U Public Service Facilities P Residential PDP* 17.42.100 Wireless communication facility U 17.40.170 *Residential permitted uses shall be the same as those permitted in the R- 3, Multiple-Family Residential Zone, as contained in Section 17.16.010. 17.29.030 Development Standards Development regulations shall be as specified by the precise development plan in accordance with Chapter 17.58, provided that the need for a precise development plan does not conflict with state law. Building height limit is 35 feet. If it is determined a building was constructed prior to the codification of this code section, the building shall be valid and considered legal. SECTION 24. Section 17.38.540 (Plan area no. 11) of Chapter 17.38 (Specific Plan Areas) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is added as follows: Mixed Uses PDP** 17.42.100 ** Housing Element Sites Inventory Overlay Sites (--HE) only SECTION 25. Section 17.38.550(E) (Plan area no. 11 – Development standards.) of Chapter 17.38 (Specific Plan Areas) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is amended as follows: 1.No building shall exceed a maximum height of thirty (30) feet. SECTION 26. Chapter 17.39 (Housing Element Sites Inventory Overlay) is hereby added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows: 17.39.010 Intent and Purpose DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 591796 Page 15 of 57 ORD #23-1471 The purpose of the Housing Element Sites Inventory Overlay is to identify sites designated by the City’s Housing Element for satisfying the City’s Regional Housing Needs Assessment (RHNA). This Overlay implements the City’s Housing Element. Overlay sites shall be identified on the City’s Zoning Map with a symbol of “—HE” appended to the underlying zoning name (example: C2-HE). 17.39.020 Permitted Uses A.Uses permitted by the underlying zoning district. B.Uses permitted only for sites designated as a Housing Element Sites Inventory Overlay. 17.39.030 Minimum Density A.If a site designated as –HE is developed at a density that is below the minimum residential density anticipated in the City’s Housing Element, the City must either: 1.Make a finding that the remaining sites identified in the Housing Element are adequate to meet the City’s remaining RHNA for the Housing Element planning period by income category. This finding should include a quantification of the remaining unmet need for the City’s RHNA at each income level and the remaining capacity of sites identified in the Housing Element, to accommodate that need by income level; or 2.Make available sufficient sites to accommodate the remaining unmet RHNA for the income category within 180 days or other time frame as established by law, whichever is later. 17.39.040 Replacement Units A.If an application for development includes demolition of any of the following types of units existing within the past five (5) years, the application must include provisions for replacement: 1.Subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low- income; or 2.Subject to some form of rent or price control through a public entity's valid exercise of its police power; or 3.Occupied by lower or very low-income households. B.Replacement units must be in accordance with Government Code Section 65915(c)(3), including equivalency provisions for income level, size, and number. 17.39.060 Short term vacation rentals prohibited. For any unit constructed on a (--HE) site after [date of Housing Element certification], it shall be unlawful for any person to offer or make available for rent or to rent (by way of a rental agreement, lease, license or any other means, whether oral or written) for compensation or consideration a residential dwelling, DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 592797 Page 16 of 57 ORD #23-1471 a dwelling unit or a room in a dwelling for less than thirty (30) consecutive days. It shall be unlawful for any person to occupy a residential dwelling, a dwelling unit or a room in a dwelling for less than thirty (30) consecutive days pursuant to a rental agreement, lease, license or any other means, whether oral or written, for compensation or consideration. All developments must be accompanied by a restrictive covenant prohibiting short-term vacation rentals. SECTION 27. Section 17.40.010 (General Intent and purpose) of Chapter 17.40 (Conditional Use Permit and Other Permit Standards) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is amended as follows: The lists of conditions found within this chapter for various uses are intended to be standard conditions imposed on all such proposed uses as specified. These conditions are not intended to be the only conditions imposed, and each specific use noted may have additional conditions imposed by the decision- making body. Any additional conditions may be based on criteria found within this article for all uses requiring a conditional use permit and/or factors related to the specific use and location. SECTION 28. Section 17.40.020 (General criteria for all uses) of Chapter 17.40 (Conditional Use Permit and Other Permit Standards) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is hereby deleted: A.In considering the granting of any conditional use permit for any use, the following criteria for granting said permit shall be considered: B.Distance from existing residential uses; C.The amount of existing or proposed off-street parking facilities, and its distance from the proposed use; D.Location of and distance to churches, schools, hospitals and public playgrounds; E.The combination of uses proposed; F.Precautions taken by the owner or operator of the proposed establishment to assure the compatibility of the use with surrounding uses; G.The relationship of the proposed business-generated traffic volume and the size of streets serving the area; H.The proposed exterior signs and decor, and the compatibility thereof with existing establishments in the area; I.The number of similar establishments or uses within close proximity to the proposed establishment; J.Noise, odor, dust and/or vibration that may be generated by the proposed use; K.Impact of the proposed use to the City’s infrastructure, and/or services; DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 593798 Page 17 of 57 ORD #23-1471 L.Will the establishment contribute to a concentration of similar outlets in the area; M.Other considerations that, in the judgment of the planning commission, are necessary to assure compatibility with the surrounding uses, and the City as a whole. SECTION 29. Section 17.40.180 (Mixed Use Development (C-1 zone)) of Chapter 17.40 (Conditional Use Permit and Other Permit Standards) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is hereby replaced as follows: 17.40.180 Mixed-use development For uses allowed in the C-1 Zone and for Housing Element Sites Inventory Sites (-- HE) as part of a mixed-use development, the following conditions and standards of development, in addition to any other deemed necessary or appropriate to ensure compatibility with existing or permitted uses in the vicinity, shall be required: A.Mixed-Use Developments shall be subject to a Precise Development Plan in accordance with Chapter 17.58. B.Residential Development Standards. The residential portion of a mixed-use development shall be subject to the following development standards: 1.If the residential portion of a mixed-use development is a condominium development, then the development shall be subject to the condominium development standards as set forth in Chapter 17.22. 2.Rear and Side Yard setbacks shall be subject to Chapter 17.16. 3.Building design guidelines shall be subject to Chapter 17.42.260. 4.Building height shall be regulated by underlying zoning district the site is located. 5.The placement of buildings shall conform to the standards set forth in Chapter 17.16.050. 6.Any expansion of a structure that existed prior to (date of codification), to implement a mixed-use configuration, is subject to the standards of the underlying zone, and Chapter 17.52, relating to nonconforming structures. 7.Applicability of other standards. All other standards shall be governed by the sites underlying zoning district and the City zoning ordinance. C.Commercial Development Standards. In addition to the requirements of the commercial zone, the following standards shall apply to the mixed-use development. 1.Ground floor commercial spaces shall have a minimum average depth of 30-feet. 2.Building frontage shall be used for commercial purposes with the exception of entry-exit corridors and stairs for accessing the residential units, and/or for driveways to access parking. DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 594799 Page 18 of 57 ORD #23-1471 D.General Development Standards 1.Noise: Residential uses shall be separate from commercial uses by sound proofed floors and walls with minimum sound transmission rating as required for condominiums as set forth in Chapter 17.22. Commercial uses hours of operations shall be limited where appropriate so that residents are not exposed to offensive noise or activity. 2.Security: Entrances for residences shall be separate from non- residential uses and be independently accessible to pedestrian and parking areas. 3.Lighting: Outdoor lighting and lighting for signs associated with commercial uses designed so as not to adversely impact residences. No flashing, blinking or high intensity lighting. Adequate lighting to illuminate parking areas and corridors to access parking and public sidewalk. Lighting for signs may only be illuminated during business hours. E.Signs. Signs shall be limited to the commercial space frontage pursuant to the requirements of Chapter 17.50. F.Allowed Commercial Uses. Permitted commercial uses within a mixed-use development shall be as permitted in the underlying commercial zone with the following exceptions which shall not be permitted: 1.Late-night restaurants and bars; 2.Laundry and dry-cleaning businesses; 3.Parking lots and/or structures. G.Limitations on hours of operation. The hours of operation for any commercial use shall be limited to 8:00 a.m. to 10:00 p.m. H.Parking and Transportation Storage 1.Vehicle parking shall be in accordance with Chapter 17.44. a.Reduced vehicle parking may be planned in accordance with Section 17.44.210 Parking Plans. Application fees for Parking Plans that accompany a development for affordable housing may be waived; all other application fees apply. 2.Bicycle Parking Standards. a.Spaces Required. 1.Residential Uses. A minimum of one bicycle parking space shall be provided for every five units for Residential, Group Residential, and Single Room Occupancy. 2.Other Uses. Any establishment with 25 or more full time equivalent employees shall provide bicycle parking at a minimum ratio of one space per 25 vehicle spaces. b.Location. Bicycle parking must be located on the same lot as the use it serves. In parking garages, long-term bicycle parking must be located near an entrance to the facility. DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 595800 Page 19 of 57 ORD #23-1471 c.Security. Long-term bicycle parking must be in: 1.An enclosed bicycle locker; or 2.A fenced, covered, locked or guarded bicycle storage area; or 3.A rack or stand inside a building that is within view of an attendant or security guard or visible from employee work areas or within secure/restricted bicycle storage room; or 4.Other secure area approved by the Director. d.Size and Accessibility. 1.Each bicycle parking space shall accommodate a variety of bicycle types, but generally be a minimum of two feet in width and size feet in length. 2.Bicycles shall be accessible without moving another bicycle. 3.Access to a bicycle parking area shall not be through vehicle parking spaces. e.Bicycle Parking Reductions and Modifications. A modification for a reduction in the number of required bicycle parking spaces or to other standards of this Section may be granted pursuant to Section 17.44.210, Parking Plans, if the review authority finds that: 1.Adequate site space is not available on an existing development to provide bicycle parking; or 2.Reduced bicycle parking is justified by reasonably anticipated demand; or 3.Other criteria based on unusual or specific circumstances of the particular case as deemed appropriate by the review authority. I.Owner shall disclose separately and in writing upon sale or rental of the subject property that it is a mixed use development and permits commercial and residential uses. SECTION 30. Section 17.40.220 (Emergency shelters) of Chapter 17.40 (Conditional Use Permit and Other Permit Standards) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is hereby deleted: 17.40.220 Emergency shelters. This section sets forth requirements for the establishment and operation of emergency shelter facilities. A.Permit and Operational Requirements. The approval and operation of an emergency shelter shall be subject to the following requirements: DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 596801 Page 20 of 57 ORD #23-1471 1.Administrative Permit Required. Emergency shelters may be established and operated in the C-3, SPA-7 and SPA-8 zoning districts subject to the granting of an administrative permit in compliance with Chapter 17.55. 2.Management and Operations Plan. An application for an administrative permit to establish and operate an emergency shelter shall be accompanied by a management plan, which shall establish hours of operation, staffing levels and training procedures, maximum length of stay, size and location of exterior and interior onsite waiting and intake areas, admittance and discharge procedures, provisions for on-site or off-site supportive services, on-site and off-site security procedures, and protocols for communications with local law enforcement agencies and surrounding property owners. B.Development Standards. Emergency shelters shall conform to the following standards. 1.The maximum number of beds shall be ten (10). An additional four (4) beds may be provided for children under the age of eighteen (18) with a parent or guardian within designated family units. 2.A minimum separation of three hundred (300) feet, measured from the property line, shall be maintained between all emergency shelters. 3.Separate private shower and toilet facilities shall be provided for men, women and families. 4.Alcohol and narcotics use and consumption are prohibited both within the facility and on the property. No amplified music or sound is allowed. No animals are permitted (except guide dogs for the disabled or ordered by a doctor for medical reasons). 5.One parking space per three (3) beds, plus one (1) space for each staff member and volunteer on duty shall be provided. 6.Bicycle racks or bicycle lockers for three (3) bicycles shall be provided onsite near the facility. 7.Stays at the facility shall be on a first-come first-served basis. Clients may be admitted to the facility only between 6:00 p.m. and 8:00 a.m. The facility may remain open twenty-four (24) hours a day only if providing onsite accessory services. Clients have no guaranteed bed for the next night. The maximum length of stay at the facility shall not exceed one hundred eighty (180) days in a three hundred sixty-five (365) day period. 8.The facility may provide the following services in an area separate from sleeping areas, such as counseling services, laundry facilities to serve the clients at the shelter, client storage area such as for the storage of bicycles or personal items, or similar services geared to homeless clients. All such DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 597802 Page 21 of 57 ORD #23-1471 areas and facilities shall be located within a building, with the exception of bicycle parking. 9.A waiting area shall be provided which contains a minimum of ten (10) square feet per bed provided at the facility. The waiting area shall be in a location not adjacent to the public right of way, shall be visually separated from public view by a minimum six (6) -foot tall screening of mature landscaping or by a minimum six (6) foot tall decorative masonry wall, and shall provide consideration of shade and protection from the elements. 10. Security and Safety. A staff member shall be on-premises at all times the facility is open to clients. Security and safety shall be addressed for both on and off-site needs, including provisions to address the separation of male/female sleeping areas as well as any family areas within the facility. At a minimum, the plan shall contain provisions addressing security and safety. 11. Loitering Control. Measures regarding off-site controls to minimize the congregation of clients in the vicinity of the facility during hours that clients are not allowed on-site. 12. Management for Outdoor Areas. A system for daily admittance and discharge procedures, including monitoring for waiting areas, shall be developed to minimize disruption to nearby land uses. 13. Staff Training. A staff training program shall be maintained that provide adequate knowledge and skills necessary to assist clients in obtaining permanent shelter and income. 14. Communications. A communication and outreach plan shall be developed to maintain good communication and response to operational issues which may arise from the neighborhood, City staff, or the general public. 15. Client Eligibility. A screening program to determine client eligibility is required. The facility shall be required to utilize the Los Angeles County region’s current Homeless Management Information System. 16. Counseling Services. Provision of or links to counseling services are encouraged. Identify and describe the counseling programs to be provided as well as procedures that will be used to refer clients to outside assistance agencies. An annual report to the City on this activity is required. 17. Facility rules shall be conspicuously displayed in English and Spanish. 18. Litter Control. Litter and trash removal attributable to facility operations and its clients shall be provided. Graffiti shall be removed within twenty-four (24) hours. DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 598803 Page 22 of 57 ORD #23-1471 19. Any other reasonable additional specific needs identified by the planning director or police chief. (Ord. 13-1342 §7, 2013) SECTION 31. Section 17.42.100 (Affordable housing density bonus and incentive program) of Chapter 17.42 (General Provisions, Conditions and Exceptional Uses) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is hereby replaced as follows: 17.42.100 Affordable Housing A.General Provisions. 1.Compliance with State Law. The provisions of this section shall be governed by the requirements of Government Code Section 65915, as that statute is amended from time-to-time. Where conflict occurs between the provisions of this chapter and state law, the state law provisions shall govern, unless otherwise specified. 2.Median Income Levels. For the purpose of determining the income levels for households under this section, the City shall use the Los Angeles County income limits found in Title 25, Section 6932 of the California Code of Regulations, as regularly updated and published by the State Department of Housing and Community Development, or other income limits set forth in the general plan housing element or adopted by the city council if the State Department of Housing and Community Development fails to provide regular updates. 3.Compatibility. All affordable housing units shall be dispersed within market-rate projects whenever feasible. Affordable housing units within market-rate projects shall be comparable with the design and use of market-rate units in appearance, use of materials, and finished quality. The design and appearance of the affordable housing units shall be compatible with the design of the total housing project and consistent with the surrounding neighborhood. Forms, materials and proportions that are compatible with the character of the surroundings shall be used. 4.Availability. All affordable housing units shall be constructed concurrently with, and made available for qualified occupants at the same time as, the market-rate housing units within the same project unless both the City and the developer agree in the affordable housing agreement to an alternative schedule for development. 5.Effect of Granting Density Bonus. The granting of a density bonus and other incentives provided for by this section shall not by virtue of such incentives require a general plan amendment, zone change, variance or other discretionary approval, unless such approval would otherwise be required. B.State Affordable Housing Density Bonus. DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 599804 Page 23 of 57 ORD #23-1471 1.Density Bonus. Pursuant to Government Code Section 65915, the City shall grant a density bonus over the otherwise allowable maximum residential density permitted by this chapter and the general plan, in accordance with Government Code Section 65915 to 65918, inclusive. 2.Applicability. The provisions of subsection (B)(1) of this section shall be applicable to residential projects of five (5) or more units, and senior citizen housing developments of at least thirty-five (35) units. 3.Applicant May Request Smaller Density Bonus. Notwithstanding the foregoing, the City may award a smaller density bonus than specified in this section if the applicant so requests. C.Affordable Housing Concessions and Incentives. 1.Number of Incentives or Concessions. In addition to a density bonus, an applicant is entitled to receive incentives or concessions in accordance with 65915. 2.Proposal of Incentives and Findings. An applicant may propose specific incentives or concessions that would contribute significantly to the economic feasibility of providing affordable units pursuant to this chapter and state law. In addition to any increase in density to which an applicant is entitled, the City shall grant one or more incentives or concessions that an applicant requests, up to the maximum number of incentives and concessions required pursuant to subsection (C)(1) of this section, unless the City makes a written finding that either: a.The concession or incentive is not necessary in order to provide the proposed targeted units; or b.The concession or incentive would have a specific adverse impact that can not be feasibly mitigated on public health and safety or the physical environment or any property that is listed in the California Register of Historical Resources. 3.Types of Affordable Housing Incentives. Affordable housing incentives may be requested in accordance with Government Code Section 65915. The City may allow for fast-track and priority processing for a project with affordable housing. a.Other Incentives. Other regulatory incentives or concessions proposed by the developer or the City that result in identifiable cost reductions or avoidance. 4.Additional Affordable Housing Incentives. The City may allow for additional affordable housing incentives to be granted on a case- by-case basis, when requested by an applicant when more than fifty (50) percent of the affordable housing units provided contain three (3) or more bedrooms to meet the needs of large families. 5.Lot Consolidation Bonus. a.Multifamily residential developments proposed on lots zoned R-3, C-1, PF, SPA-11 or the Housing Element Sites Inventory DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 600805 Page 24 of 57 ORD #23-1471 Overlay (--HE) or allowing an equivalent or higher density meeting the minimum requirements for a density bonus pursuant to Section 17.42.100 shall be granted an additional density bonus as an incentive to acquire and combine two (2) or more parcels into a single building site according to the following formula: Combined Parcel Size Base Density Increase Less than 0.50 acre No increase 0.50 Acre to 0.99 Acre 5% Increase 1.00 Acre or More 10% Increase This lot consolidation bonus incentive shall be calculated prior to determining any density bonus pursuant to Section 17.42.100. Such projects shall be restricted in compliance with Section 17.42.100(E). b.Multifamily residential developments with less than five (5) units or a senior citizen housing development of less than thirty-five (35) units on lots zoned R-3, C-1, PF, SPA 11, or on the Housing Element Sites Inventory Overlay (--HE) or allowing an equivalent or higher density that otherwise meet the minimum requirements for a density bonus pursuant to Section 17.42.100 shall be granted reduced parking and lot development standards in Section 17.42.100(D)(3) as an incentive to acquire and combine two (2) or more parcels into a single building site. Such projects shall be restricted in compliance with Section 17.42.100(E). c.Applications for lot consolidations pursuant to this section processed concurrently with other land use entitlements shall be granted expedited processing of planning and building entitlements and no additional fee shall be charged for such expedited processing. D.Administration. 1.Application and Review Process. A preliminary review of development projects proposed pursuant to this section is encouraged to discuss and identify potential application issues, including proposed modifications to development standards. The applicant shall request in the application the incentives the applicant wishes to obtain. The application shall include financial data showing how the incentives are necessary to make the affordable units feasible. Applications shall be reviewed and processed according to the provisions of Chapter 17.58, Precise Development Plans. 2.Duration of Affordability of Rental Units. All lower income and very low income housing units shall be kept affordable for a minimum DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 601806 Page 25 of 57 ORD #23-1471 period of fifty-five (55) years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program, consistent with state law. 3. Definition of Affordability. Those units targeted for lower income households shall be affordable at a rent that does not exceed thirty (30) percent of sixty (60) percent of the area median income. Units targeted for very low income households shall be affordable at a rent that does not exceed thirty (30) percent of fifty (50) percent of area median income. Units targeted for moderate income households shall be affordable at a rent that does not exceed thirty-five (35) percent of one hundred ten (110) percent of area median income. Median income levels shall be the income limits for Los Angeles County households as provided for in subsection (A)(3) of this section, Median Income Levels. 4. Affordable Housing Agreement Required. An affordable housing agreement is required for all projects with affordable housing units, including those granted a density bonus pursuant to this section. All affordable housing projects shall be subject to the approval of an affordable housing agreement conforming to the provisions of Title 7, Division 1, Chapter 4, Article 2.5 of the Government Code, which shall be recorded as a covenant on the title to the parcel or parcels on which the affordable housing units will be constructed. The terms of the agreement shall be reviewed and revised as appropriate by the director and city attorney. This agreement shall include, but is not limited to, the following: a. Number of Units. The total number of units approved for the projects, including the number of affordable housing units. b. Target Units. The location, unit sizes (in square feet) and number of bedrooms of the affordable housing units. c. Target Group. A description of the household income groups to be accommodated by the project and a calculation of the affordable rent or sales price, or a commitment to provide a senior citizen housing development. d. Certification Procedures. The party responsible for certifying rents or sales prices of inclusionary units, and the process that will be used to certify renters or purchasers of such units. e. Schedule. A schedule for the completion and occupancy of the affordable housing units. f. Remedies for Breach. A description of the remedies for breach of the agreement by either party. g. Required Term of Affordability. For moderate income, lower income and very low income units, duration of affordability of the housing units, pursuant to Government Code Section 65915 Provisions should also cover resale control and deed DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 602807 Page 26 of 57 ORD #23-1471 restrictions on targeted housing units that are binding on property upon sale or transfer. h. Expiration of Agreement. Provisions covering the expiration of the agreement, including notice prior to conversion to market rate units and right of first refusal option for the City and/or the distribution of accrued equity for for-sale units. i. Other Provisions. Other provisions to ensure implementation and compliance with this chapter. j. Condominium and Planned Unit Developments. In the case of condominium and planned unit developments, the affordable housing agreement shall provide for the following conditions governing the initial sale and initial resale and use of affordable housing units: 1. Target units shall, upon initial sale, be sold to eligible very low, lower, or moderate income households at an affordable sales price and housing cost, or to qualified residents as defined by this chapter. 2. Target units shall be initially owner-occupied by eligible very low, lower, or moderate income households. 3. Upon resale, the seller of a target unit shall retain the value of any improvements, the down payment, and the seller’s proportionate share of appreciation. The City shall recapture its proportionate share of appreciation, which shall be used to promote home ownership opportunities as provided for in Health and Safety Code Section 33334.2. The City’s proportionate share shall be equal to the percentage by which the initial sale price to the targeted household was less than the fair market value of the dwelling unit at the time of initial sale. k. Rental Housing Developments. In the case of rental housing developments, the affordable housing agreement shall provide for the following conditions governing the use of target units during the use restriction period: 1. The rules and procedures for qualifying tenants, establishing affordable rent rates, filling vacancies, and maintaining target units for qualified tenants. 2. Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate compliance with this chapter. 3. Provisions requiring owners to submit an annual report to the City, which includes the name, address, and income of each person occupying target units, and which identifies the bedroom size and monthly rent or cost of each target unit. DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 603808 Page 27 of 57 ORD #23-1471 5. Notice of Conversions. Notice of conversions of affordable units to market-rate units shall be provided pursuant to the following requirements: a. General. At least a one (1) year notice shall be required prior to the conversion of any rental units for affordable households to market-rate. b. Required Notice. Notice shall be given to the following: 1. The City; 2. The State Housing and Community Development Department (HCD); 3. The Los Angeles County Housing Authority; 4. The residents of the affordable housing units proposed to be converted; and 5. Any other person deemed appropriate by the City. 6. Conversion of Affordable Rental Units. If an owner of a housing development issues a notice-of-intent to convert affordable housing rental units to market-rate housing, the City shall consider taking one (1) or more of the following actions: a. Meet with the owner to determine the owner’s financial objectives; b. Determine whether financial assistance to the current owner will maintain the affordability of the rental housing development or whether acquisition by another owner dedicated to maintaining the affordability of the development would be feasible; and c. If necessary to maintain the affordability of the housing unit or facilitate sale of the rental development, consider the use of redevelopment housing set-aside funds or assistance in accessing state or federal funding. 1. SECTION 32. Section 17.42.120 (Housing accessibility – Reasonable accommodation for disability.) of Chapter 17.42 (General Provisions, Conditions and Exceptional Uses) of Title 17 (Zoning) of the Hermosa Beach Municipal Code shall be replaced as follows: 17.42.120 Housing accessibility – Reasonable accommodation for disability A. Purpose and Applicability. 1. This section provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Fair Housing Laws in the application of zoning laws, building codes, and other land use regulations, policies and procedures. Fair Housing Laws means "Fair Housing Amendments Act of DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 604809 Page 28 of 57 ORD #23-1471 1988" (42 U.S.C. Section 3601, et seq.), including reasonable accommodation required by 42 U.S.C. Section 3604(f)(3)(B), and the "California Fair Employment and Housing Act" (California Government Code Section 12900, et seq.), including reasonable accommodation required specifically by California Government Code Sections 12927(c)(1) and 12955(l), as any of these statutory provisions now exist or may be amended from time to time. 2. A request for reasonable accommodation may be made by any person with a disability, his/her representative, or any business or property owner when the application of a zoning law, building code provision or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment, as those terms are defined in the Fair Housing Laws. 3. A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for the siting, development and use of housing or housing related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. Requests for reasonable accommodation shall be made in the manner prescribed by this section. 4. It is the intent of this section that, notwithstanding time limits provided to perform specific functions, application review, decision making and appeals proceed expeditiously, especially where the request is time sensitive, and so as to reduce impediments to equal access to housing. B. Application Submittal. 1. Any person with a disability may request a reasonable accommodation on a form supplied by the community development department including the following information, accompanied by a fee established by resolution of the city council: a. The applicant’s or representative’s name, mailing address and daytime phone number; b. The address of the property for which the request is being made; c. The specific code section, regulation, procedure or policy of the City from which relief is sought; d. A site plan or illustrative drawing showing the proposed accommodation; e. An explanation of why the specified code section, regulation, procedure or policy is preventing, or will prevent, the applicant’s use and enjoyment of the subject property; f. The basis for the claim that the Fair Housing Laws apply to the individual(s) and evidence satisfactory to the City supporting the claim, which may include a letter from a medical doctor or other DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 605810 Page 29 of 57 ORD #23-1471 licensed health care professional, a disabled license, or any other appropriate evidence; g. A detailed explanation of why the accommodation is reasonable and necessary to afford the applicant an equal opportunity to use and enjoy a dwelling in the City; h. Verification by the applicant that the property is the primary residence of the person(s) for whom reasonable accommodation is requested; and i. Any other information required to make the findings required by subsection (D) of this section consistent with the Fair Housing Laws. 2. A request for reasonable accommodation may be filed at any time that the accommodation may be necessary to ensure equal access to housing. 3. A reasonable accommodation does not affect or negate an individual’s obligations to comply with other applicable regulations not at issue in the requested accommodation. 4. If an individual needs assistance in making the request for reasonable accommodation, the City shall provide assistance to ensure that the process is accessible. 5. Should the request for reasonable accommodation be made concurrently with a discretionary permit, then the fee for a reasonable accommodation application may be waived provided that the prescribed fee shall be paid for all other discretionary permits. C. Reviewing Authority. 1. Applications for reasonable accommodation shall be reviewed by the Community Development Director or designee. D. Findings. The reviewing authority shall approve the request for a reasonable accommodation if, based upon all of the evidence presented, the following findings can be made: 1. The housing, which is the subject of the request for reasonable accommodation, will be occupied by an individual with disabilities protected under Fair Housing Laws; 2. The requested accommodation is reasonable and necessary to make housing available to an individual with disabilities protected under the Fair Housing Laws; 3. The requested accommodation will not impose an undue financial or administrative burden on the City, as defined in the Fair Housing Laws and interpretive case law; and 4. The requested accommodation will not require a fundamental alteration in the nature of the City’s zoning or building laws, policies and/or procedures, as defined in the Fair Housing Laws and interpretive case law. The City may consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of the City’s zoning or building program: DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 606811 Page 30 of 57 ORD #23-1471 a. Whether the requested accommodation would introduce uses not otherwise permitted in the neighborhood; and b. Whether granting the requested accommodation would substantially undermine any express purpose of either the City’s general plan or an applicable specific plan. E. Decision. 1. The review authority shall consider an application, and issue a written determination within forty (40) calendar days of the date of receipt of a completed application. 2. If necessary to reach a determination on any request for reasonable accommodation, the review authority may request further information from the applicant consistent with this section, specifying in detail what information is required. In the event a request for further information is made, the applicable time period to issue a written determination shall be stayed until the applicant reasonably responds to the request. 3. The review authority’s written decision shall set forth the findings, any conditions of approval, notice of the right to appeal, and the right to request reasonable accommodation on the appeals process, if necessary. The decision shall be mailed to the applicant. 4. The reasonable accommodation shall be subject to any reasonable conditions imposed on the approval that are consistent with the purposes of this section. 5. In making the approval findings in subsection (D) of this section, the review authority may approve alternative reasonable accommodations that provide an equivalent level of benefit to the applicant. 6. The written decision of the reviewing authority shall be final unless appealed in the manner set forth below. 7. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect. 8. Where the improvements or modifications approved through a reasonable accommodation would generally require a variance, a variance shall not be required. F. Appeals. 1. The decision on a reasonable accommodation may be appealed to the city council within ten (10) calendar days of the issuance of a written decision. 2. The appeal shall be made in writing including a statement of the grounds for appeal, and accompanied by a fee established by resolution of the city council. 3. The city council shall hear the matter and render a determination as soon as reasonably practicable, but in no event later than sixty (60) calendar days after an appeal has been filed. All determinations DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 607812 Page 31 of 57 ORD #23-1471 shall address and be based upon the same findings required to be made in the original determination from which the appeal is taken. 4. The City shall provide notice of an appeal hearing to the applicant. The council shall announce its findings within forty (40) calendar days of the hearing, unless good cause is found for an extension, and the decision shall be mailed to the applicant. The council’s action shall be final. 5. If an individual needs assistance in filing an appeal on an adverse decision, the City shall provide assistance to ensure that the appeals process is accessible. G. Waiver of Time Periods. Notwithstanding any provisions in this section regarding the occurrence of any action within a specified period of time, the applicant may request additional time beyond that provided for in this section or may request a continuance regarding any decision or consideration by the City of a pending appeal. Extensions of time sought by applicants shall not be considered delay on the part of the City, shall not constitute failure by the City to provide for prompt decisions on applications and shall not be a violation of any required time period set forth in this section. H. Notice to the Public of Availability of Accommodation Process. The City shall prominently display in the public areas of the community development department at City Hall a notice advising those with disabilities or their representatives that they may request a reasonable accommodation in accordance with the procedures established in this section. City employees shall direct individuals to the display whenever they are requested to do so or reasonably believe that individuals with disabilities or their representatives may be entitled to a reasonable accommodation. I. Expiration, Time Extension, Violation, Discontinuance, and Revocation. 1. Any reasonable accommodation approved in accordance with the terms of this section shall expire within twenty-four (24) months from the effective date of approval or at an alternative time specified as a condition of approval unless: a. A building permit has been issued and construction has commenced; b. A certificate of occupancy has been issued; c. The use is established; or d. A time extension has been granted. 2. The community development director may approve a time extension for a reasonable accommodation for good cause for a period or periods not to exceed three (3) years. An application for a time extension shall be made in writing to the community development department no less than thirty (30) days or more than ninety (90) days prior to the expiration date. 3. Notice of the director’s decision on a time extension shall be provided as specified in subsection (E)(3) of this section. DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 608813 Page 32 of 57 ORD #23-1471 4. Any reasonable accommodation approved in accordance with the terms of this code may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in connection therewith. 5. An accommodation is granted to an individual and shall not run with the land unless the director finds that the modification is physically integrated on the property and cannot feasibly be removed or altered. Any change in use or circumstances that negates the basis for the granting of the approval may render the reasonable accommodation null and void and/or revocable by the City, and thereafter the reasonable accommodation may be required to be removed or substantially conformed to the code if reasonably feasible. J. Amendments. A request for changes in conditions of approval of a reasonable accommodation, or a change to plans that would affect a condition of approval shall be treated as a new application and shall be processed in accordance with the requirements of this section. The community development director may waive the requirement for a new application and approve the changes if the changes are minor, do not involve substantial alterations or addition to the plan or the conditions of approval, and are consistent with the intent of the original approval. SECTION 33. Section 17.42.170 (Lot consolidation incentives for affordable multifamily development) of Chapter 17.42 (General Provisions, Conditions and Exceptional Uses) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is hereby deleted: A. Multifamily residential developments proposed on lots zoned R-3 or allowing an equivalent or higher density meeting the minimum requirements for a density bonus pursuant to Section 17.42.100 shall be granted an additional density bonus as an incentive to acquire and combine two (2) or more parcels into a single building site according to the following formula: Combined Parcel Size Base Density Increase Less than 0.50 acre No increase 0.50 Acre to 0.99 Acre 5% Increase 1.00 Acre or More 10% Increase This lot consolidation bonus incentive shall be calculated prior to determining any density bonus pursuant to Section 17.42.100. Such projects shall be restricted in compliance with Section 17.42.100(E). DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 609814 Page 33 of 57 ORD #23-1471 B. Multifamily residential developments with less than five (5) units or a senior citizen housing development of less than thirty-five (35) units on lots zoned R-3 or allowing an equivalent or higher density that otherwise meet the minimum requirements for a density bonus pursuant to Section 17.42.100 shall be granted reduced parking and lot development standards in Section 17.42.100(D)(3) as an incentive to acquire and combine two (2) or more parcels into a single building site. Such projects shall be restricted in compliance with Section 17.42.100(E). C. Applications for lot consolidations pursuant to this section processed concurrently with other land use entitlements shall be granted expedited processing of planning and building entitlements and no additional fee shall be charged for such expedited processing. (Ord. 13-1341 §10, 2013) SECTION 34. Chapter 17.42.210 (Emergency shelters) is hereby added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows: This section sets forth requirements for the establishment and operation of emergency shelter facilities. A. Permit and Operational Requirements. The approval and operation of an emergency shelter shall be subject to the following requirements: 1. Administrative Permit Required. Emergency shelters may be established and operated in the R-3, C-3, SPA-7 and SPA-8 zoning districts subject to the granting of an administrative permit in compliance with Chapter 17.55. 2. Management and Operations Plan. An application for an administrative permit to establish and operate an emergency shelter shall be accompanied by a management plan, which shall establish hours of operation, staffing levels and training procedures, maximum length of stay, size and location of exterior and interior onsite waiting and intake areas, admittance and discharge procedures, provisions for on-site or off-site supportive services, on-site and off-site security procedures, and protocols for communications with local law enforcement agencies and surrounding property owners. B. Development Standards. Emergency shelters shall conform to the following standards. DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 610815 Page 34 of 57 ORD #23-1471 1. The maximum number of beds shall be ten (10). An additional four (4) beds may be provided for children under the age of eighteen (18) with a parent or guardian within designated family units. 2. A minimum separation of three hundred (300) feet, measured from the property line, shall be maintained between all emergency shelters. 3. Separate private shower and toilet facilities shall be provided for men, women and families. 4. Alcohol and narcotics use and consumption are prohibited both within the facility and on the property. No amplified music or sound is allowed. No animals are permitted (except guide dogs for the disabled or ordered by a doctor for medical reasons). 5. Bicycle racks or bicycle lockers for three (3) bicycles shall be provided onsite near the facility. 6. Stays at the facility shall be on a first-come first-served basis. Clients may be admitted to the facility only between 6:00 p.m. and 8:00 a.m. The facility may remain open twenty-four (24) hours a day only if providing onsite accessory services. Clients have no guaranteed bed for the next night. The maximum length of stay at the facility shall not exceed one hundred eighty (180) days in a three hundred sixty-five (365) day period. 7. The facility may provide the following services in an area separate from sleeping areas, such as counseling services, laundry facilities to serve the clients at the shelter, client storage area such as for the storage of bicycles or personal items, or similar services geared to homeless clients. All such areas and facilities shall be located within a building, with the exception of bicycle parking. 8. A waiting area shall be provided which contains a minimum of ten (10) square feet per bed provided at the facility. The waiting area shall be in a location not adjacent to the public right of way, shall be visually separated from public view by a minimum six (6) -foot tall screening of mature landscaping or by a minimum six (6) foot tall decorative masonry wall, and shall provide consideration of shade and protection from the elements. 9. Security and Safety. A staff member shall be on-premises at all times the facility is open to clients. Security and safety shall be addressed for both on and off-site needs, including provisions to address the separation of male/female sleeping areas as well as any family areas DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 611816 Page 35 of 57 ORD #23-1471 within the facility. At a minimum, the plan shall contain provisions addressing security and safety. 10. Loitering Control. Measures regarding off-site controls to minimize the congregation of clients in the vicinity of the facility during hours that clients are not allowed on-site. 11. Management for Outdoor Areas. A system for daily admittance and discharge procedures, including monitoring for waiting areas, shall be developed to minimize disruption to nearby land uses. 12. Staff Training. A staff training program shall be maintained that provide adequate knowledge and skills necessary to assist clients in obtaining permanent shelter and income. 13. Communications. A communication and outreach plan shall be developed to maintain good communication and response to operational issues which may arise from the neighborhood, City staff, or the general public. 14. Client Eligibility. A screening program to determine client eligibility is required. The facility shall be required to utilize the Los Angeles County region’s current Homeless Management Information System. 15. Counseling Services. Provision of or links to counseling services are encouraged. Identify and describe the counseling programs to be provided as well as procedures that will be used to refer clients to outside assistance agencies. An annual report to the City on this activity is required. 16. Facility rules shall be conspicuously displayed in English and Spanish. 17. Litter Control. Litter and trash removal attributable to facility operations and its clients shall be provided. Graffiti shall be removed within twenty-four (24) hours. SECTION 35. Chapter 17.42.220 (Supportive Housing) is hereby added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows: A. Supportive and Transitional Housing. Pursuant to California Government Code Section 65583(c)(3), transitional and supportive housing constitute a residential use and are subject only to those restrictions that apply to other residential uses of the same type in the same zoning district.  B. Up to 50 Units Permitted By Right. Pursuant to California Government Code Section 65651, supportive housing development with up to 50 supportive housing units shall be permitted by right in all zones where multi-family and DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 612817 Page 36 of 57 ORD #23-1471 mixed-use residential development are permitted provided the development satisfies all of the following requirements: 1. All supportive housing units within the development are subject to a recorded affordability restriction for 55 years.  2. One hundred percent of the units, excluding managers' units, within the development are dedicated to lower income households and are receiving public funding to ensure affordability of the housing to lower income Californians. For purposes of this paragraph, “lower income households” has the same meaning as defined in Section 50079.5 of the Health and Safety Code. 3. At least 25 percent of the units in the development or 12 units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. If the development consists of fewer than 12 units, then 100 percent of the units, excluding managers' units, in the development shall be restricted to residents in supportive housing.  4. The developer shall provide the information required by California Government Code Section 65652 to the Planning Division.  5. Nonresidential floor area shall be used for onsite supportive services in the following amounts:  a. For a development with 20 or fewer total units, at least 90 square feet shall be provided for onsite supportive services.  6. For a development with more than 20 units, at least 3 percent of the total nonresidential floor area shall be provided for onsite supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.  7. The developer replaces any dwelling units on the site of the supportive housing development in the manner provided in paragraph (3) of subdivision (c) of Section 65915.  8. Units within the development, excluding managers' units, include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.  9. Notwithstanding any other provision of this Section to the contrary, the local government shall, at the request of the project owner, reduce the number of residents required to live in supportive housing if the project-based rental assistance or operating subsidy for a supportive housing project is terminated through no fault of the DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 613818 Page 37 of 57 ORD #23-1471 project owner, but only if all of the following conditions have been met:  a. The owner demonstrates that it has made good faith efforts to find other sources of financial support.  b. Any change in the number of supportive service units is restricted to the minimum necessary to maintain project's financial feasibility.  c. Any change to the occupancy of the supportive housing units is made in a manner that minimizes tenant disruption and only upon the vacancy of any supportive housing units. 10. Over 50 units, a conditional use permit is required. SECTION 36. Chapter 17.42.230 (Residential Care Facilities - Large) is hereby added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows: A. Permit and Operational Requirements. The approval and operation of an emergency shelter shall be subject to the following requirements: 1. Administrative Permit Required. Emergency shelters may be established and operated in the C-3, SPA-7 and SPA-8 zoning districts subject to the granting of an administrative permit in compliance with Chapter 17.55. 2. Management and Operations Plan. An application for an administrative permit to establish and operate an emergency shelter shall be accompanied by a management plan, which shall establish hours of operation, staffing levels and training procedures, maximum length of stay, size and location of exterior and interior onsite waiting and intake areas, admittance and discharge procedures, provisions for on-site or off-site supportive services, on-site and off-site security procedures, and protocols for communications with local law enforcement agencies and surrounding property owners. B. Requirements for a Large Residential Care Facility. Large residential care facilities shall conform to the following requirements: 1. A Large Residential Care Facility may only be located within a zone that permits them. 2. All facilities shall comply with the development standards of the zone which they are located. DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 614819 Page 38 of 57 ORD #23-1471 3. Separation. Minimum distance from any other Residential Facility shall be 300 feet as specified by State Health and Safety Code Section 1267.9 4. Parking shall be provided in accordance with the applicable requirements of the primary residential use of the property. Refer to Section 17.44.020. 5. Restrictions to ensure compliance with City noise regulations (Municipal Code Chapter 8.24) may be placed on the operation of the care facility, including but not limited to the time and location of outdoor activities. 6. Adequate space for loading and unloading persons shall be available or shall be provided on the site. 7. Management shall ensure that a manager is on duty at all times the facility is operating. 8. The applicant shall submit a Programming Plan to detail daily operations. SECTION 37. Chapter 17.42.240 (Low Barrier Navigation Centers) is hereby added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows: A. The purpose of this chapter is to establish development standards for low- barrier navigation centers and to ensure this use is constructed and operated in a manner that is consistent with the requirements and allowances of state law, specifically Article 12 of Chapter 3 of Division 1 of Planning and Zoning Law commencing with California Government Code Section 65660. B. The provisions of this chapter shall apply to all low-barrier navigation center projects. C. An Administrative Permit in accordance with Chapter 17.55 is required prior to establishment of any low-barrier navigation center project meeting either of the following criteria. The permit shall be a ministerial action without discretionary review or a hearing. The City shall notify a developer whether the developer’s application is complete within 30 days, pursuant to California Government Code Section 65943. Action shall be taken within 60 days of a complete application being filed. D. A low-barrier navigation center development is a use by-right in areas zoned for mixed-use and nonresidential zones permitting multifamily uses, if it meets the following requirements: DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 615820 Page 39 of 57 ORD #23-1471 1.Connected Services. It offers services to connect people to permanent housing through a services plan that identifies services staffing. 2.Coordinated Entry System. It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals. 3.Code Compliant. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code. 4.Homeless Management Information System. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System, as defined by Section 578.3 of Title 24 of the Code of Federal Regulations. SECTION 38. Chapter 17.42.250 (Work/live developments.) is hereby added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows: A.Purpose. This purpose of this section is to allow and establish requirements for work/live developments. Units within work/live developments are intended to allow for a non-residential primary use, with an accessory residential use, which together foster creative and innovative industrial uses. B.Applicability. Work/live units are allowed in the M-1 zoning district. C.General Provisions. 1.Work/live units must be located in a development, building, or structure approved and permitted for such use. This section is not intended to allow conversion of non-residential spaces in a fully non- residential building into full or partial residential spaces. 2.The non-residential component of work/live units must comply with the uses set forth in Section 17.28.020 (Permitted uses). 3.The non-residential and the residential units must be occupied by the same tenant. 4.Residential areas are permitted above or behind the non-residential component, provided that there is internal access between the residential and non-residential unit. DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 616821 Page 40 of 57 ORD #23-1471 5. The non-residential component shall be operated indoors and shall not be conducted in any required yard or parking area. 6. Signage intended to promote on-site non-residential uses shall comply with Section 17.50.150. 7. The external access for the non-residential component shall be oriented to the street and should have at least one external entrance/exit separate from the residential space. The entrance to the non-residential component shall be located on the ground level. 8. The work/live unit shall be required to provide parking in accordance with Chapter 17.44 (Off-Street Parking). 9. The non-residential use shall not generate external noise, odor, glare, vibration or electrical interference detectable to the normal sensory perception by adjacent neighbors. 10. No explosive, toxic, combustible or flammable materials in excess of what would be allowed incidental to normal residential use shall be stored or used on the premises. D. Short term rentals prohibited. It shall be unlawful for any person to offer or make available for rent or to rent (by way of a rental agreement, lease, license or any other means, whether oral or written) for compensation or consideration a residential dwelling, a dwelling unit or a room in a dwelling for less than thirty (30) consecutive days. It shall be unlawful for any person to occupy a residential dwelling, a dwelling unit or a room in a dwelling for less than thirty (30) consecutive days pursuant to a rental agreement, lease, license or any other means, whether oral or written, for compensation or consideration. SECTION 39. Chapter 17.42.260 (Building Design Guidelines.) is hereby added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows: A. Articulation. No façade facing a public right-of-way shall run in a continuous plane of more than 10 feet without incorporating one or more of the following: 1. A vertical wall shift at least two feet in depth. 2. A change in material. The material change shall be a minimum of three feet wide and a minimum of one story. 3. A window or building entrance. 4. A projection such as a stoop, bay, or overhang. 5. Alternative designs to accommodate a complete architectural style may be approved through the Modification process provided adequate design features have been incorporated to create visual variety and avoid a bulky or monolithic appearance. DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 617822 Page 41 of 57 ORD #23-1471 SECTION 40. Section 17.44.020 (Off-street parking – Residential uses.) of Chapter 17.44 (Off-Street Parking) of Title 17 (Zoning) of the Hermosa Beach Municipal Code shall be replaced as follows: The aggregate amount of off-street automobile parking spaces provided in connection with each of the following uses shall be not less than the following: Residential Housing Type Parking Requirement A. One (1) family dwelling; Two (2) off-street parking spaces plus one (1) guest space. B. Duplex or two (2) family dwelling; Exception: Density Bonus Projects Two (2) off-street parking spaces for each unit plus one (1) guest space. One (1) additional space of on-site guest parking shall be provided for each on-street space lost because of new curb cuts and/or driveways. C. Multiple dwellings (three (3) or more units); Exception: Density Bonus Projects Spaces per each dwelling unit: Zero to one bedroom: 1.5 spaces Two bedrooms: 2 spaces Three+ bedrooms: 2.5 space; plus one (1) guest space for each two (2) dwelling units; plus one (1) additional space for each on-street space lost because of new curb cuts and/or driveways. D. Supportive or transitional housing Parking requirement for residential use. Exception: no parking required if within ½ mile of public transit stop. E. Junior accessory dwelling unit and accessory dwelling unit Refer to Section 17.21.050(F). F. Density bonus projects; Projects with over 20% affordable units; Senior housing (Maximum Requirement per unit) (1) Zero to one bedroom: one (1) parking space. (2) Two to three bedrooms: one and a half (1.5) parking spaces. (3) Four and more bedrooms: two and one-half (2.5) parking spaces. G. Residential Care Facilities – Small. Same as the Residential Housing Type DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 618823 Page 42 of 57 ORD #23-1471 H. Residential Care Facilities – Large; Assisted Living Facility 1 for every 3 beds I. Emergency Shelters; Low Barrier Navigation Centers One (1) space for each staff member or employee on duty. SECTION 41. Section 17.44.030 (Off-street parking – Commercial and business uses.) of Chapter 17.44 (Off-Street Parking) of Title 17 (Zoning) of the Hermosa Beach Municipal Code shall be replaced as follows: Required Number of Spaces by Use. The aggregate amount of off-street automobile parking spaces provided for various uses shall not be less than the following, unless a parking plan approved by the planning commission pursuant to 17.44.210 allows for a reduction in the number of spaces required. A.Assembly halls: one (1) space for each five (5) seats, permanent or removable, or one (1) space for each fifty (50) square feet of gross floor area in the assembly hall, whichever is greater. B.Automobile or boat sales: one (1) space for each one thousand (1,000) square feet of site area. C.Bowling alleys: five (5) spaces for each lane plus one (1) space for each three hundred (300) square feet of gross floor area except bowling alley lanes and approach areas. D.Clubs, fraternity and sorority houses, rooming and boarding houses and similar uses having sleeping and guest rooms: two (2) covered spaces for each three (3) guest rooms; in dormitories each fifty (50) square feet shall be considered a guest room; two (2) spaces shall be required for each guest room with kitchen facilities. E.Commercial Uses. 1.Bars and cocktail lounges: one (1) space for each eighty (80) square feet of gross floor area. 2.Beauty colleges: one (1) space for each one hundred (100) square feet of gross floor area. 3.Business schools and trade schools: one (1) space for each one hundred (100) square feet of gross floor area. 4.Furniture and hardware stores: one (1) space for each two hundred fifty (250) square feet of gross floor area. 5.Offices, general: one (1) space for each two hundred fifty (250) square feet of gross floor area. 6.Offices, Governmental and Public Utilities. Government offices that generate high levels of contact with the public, or have high numbers DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 619824 Page 43 of 57 ORD #23-1471 of employees, including but not limited to employment offices, public social services offices, Department of Motor Vehicle offices: one (1) space per seventy-five (75) square feet of gross floor area for the first twenty-thousand (20,000) square feet of the building(s), plus one (1) space per two hundred fifty (250) square feet of gross floor area for the remaining floor area. 7. Offices, medical: five (5) spaces for each one thousand (1,000) square feet of gross floor area. 8. Restaurants: one (1) space for each one hundred (100) square feet of gross floor area plus one (1) per 200 square feet of on-site outdoor seating area in excess of 400 square feet. 9. Retail, general retail commercial uses: one (1) space for each two hundred fifty (250) square feet of gross floor area. 10. Gymnasiums/health and fitness centers, as follows: a. Less than or equal to three thousand (3,000) square feet and with less than or equal to twenty (20) students at one time if classes are offered: one (1) space per two hundred fifty (250) square feet of gross floor area. b. Greater than three thousand (3,000) square feet but not more than six thousand (6,000) square feet, or with more than forty (40) students at one time if classes are offered: one (1) space per two hundred (200) square feet of gross floor area. c. Greater than six thousand (6,000) square feet, or with more than forty (40) students at one time if classes are offered: one (1) space per one hundred (100) square feet of gross floor area. F. Hospitals: two (2) spaces for each patient bed. G. Hospitals (mental), convalescent homes, guest homes, rest homes, sanitariums, assisted living facilities, and similar institutions: one (1) space for each three (3) beds. H. Hotels: one (1) space for each unit for the first fifty (50) units; one (1) space per one (1) and one-half (1/2) units after fifty (50); and one (1) space per two (2) units after one hundred (100) units. Hotels with facilities including restaurants, banquet rooms, conference rooms, commercial retail uses and similar activities shall provide parking for the various uses as computed separately in accordance with the provisions of this chapter. I. Industrial Uses. The parking requirements of this subsection apply only to industrial uses; parking for commercial and other permitted uses in industrial zones shall provide the number of spaces as otherwise specified by this chapter. 1. Industrial uses of all types, except, public utility facilities and warehouses: one (1) space for each vehicle used in conjunction with the use; plus DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 620825 Page 44 of 57 ORD #23-1471 one (1) space for each three hundred (300) square feet of gross floor area. 2. Warehouses, buildings or portions of buildings used exclusively for warehouse purposes: one (1) space for each one thousand (1,000) square feet for the first twenty thousand (20,000) square feet; plus, one (1) space for each two thousand (2,000) square feet for the second twenty thousand (20,000) square feet; plus one (1) space for each four thousand (4,000) square feet in excess of forty thousand (40,000) square feet; plus one (1) space for each vehicle operated from the property. Prior to approval of a warehouse use by the , a covenant shall be recorded, guaranteeing the warehouse area, facility or building will not be converted, remodeled or changed to a nonwarehouse use unless the number of spaces otherwise required by this chapter are secured and provided prior to such change or unless approved by planning commission in accordance with this chapter. J. Mobilehomes or trailer parks: two (2) spaces for each dwelling unit with at least one (1) space adjacent to the trailer site. K. Mortuaries or undertaking establishments: one (1) space for each seventy-five (75) square feet of building area for the chapel or public assembly area. L. Motels: one (1) space for each unit, plus two (2) for the manager’s unit. M. Recreation or amusement establishments: one (1) space for each seventy-five (75) square feet of gross floor area. N. Service stations: one (1) space for each one thousand (1,000) square feet of site area. O. Snack Bar/Snack Shop. The parking requirements for a snack bar and/or snack shop shall be the same as that for a restaurant. P. Short-term vacation rentals in commercial zones: one (1) space per bedroom, in no case less than one (1) space per unit and a maximum of two (2) spaces per unit being required. Q. Residential Uses – refer to 17.44.020 1. Supportive and Transitional Housing 2. Residential Care Facilities 3. Residential Care Facilities 4. Low Barrier Navigation Center 5. Emergency Shelters SECTION 42. Chapter 17.55 (Administrative Permits) of Title 17 (Zoning) of the Hermosa Beach Municipal Code shall be replaced as follows: 17.55.010 Authority to grant. DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 621826 Page 45 of 57 ORD #23-1471 The community development department may grant administrative permits for all such uses and matters required by this title to be reviewed and allowed only upon the granting of an administrative permit. 17.55.020 Purpose. The purpose of an administrative permit is to ensure that a proposed use or matter for which an administrative permit is required complies with the standards, limitations and other regulations applicable to the subject use or matter. 17.55.030 Application filing. Prior to the establishment of any use or grant of any or entitlement for which an administrative permit administered by this section is required by this title or Code, an application for an administrative permit, signed by a property owner, lessee or business owner shall be filed with the community development department upon a form furnished by the department. The application shall include a site plan, drawings and information in sufficient detail to demonstrate compliance with the regulations applicable to the subject use or matter, accompanied by a fee set by resolution of the city council. 17.55.030 Required Findings. The review authority must make all of the following findings to approve or conditionally approve an Administrative Permit application. The inability to make one or more of the findings is grounds for denial of an application. A.The proposed use is allowed within the applicable zone with Administrative Permit approval, and complies with all other applicable provisions of this Zoning Ordinance and the Municipal Code; B.The proposed use is consistent with the General Plan and any applicable specific plan; C.The site is physically adequate for the type, density, and intensity (e.g., number of employees and customers) of use being proposed, including provision of services (e.g., sanitation and water), public access, and the absence of physical constraints; D.The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on site and in the vicinity of the subject property; and E.The establishment, maintenance, or operation of the proposed use at the location proposed will not endanger, jeopardize, or otherwise constitute a menace to the public convenience, health, interest, safety, or the general welfare of persons residing or working in the vicinity of the proposed use. DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 622827 Page 46 of 57 ORD #23-1471 17.55.040 Report of decision. Except as set forth below, the community development director shall issue the administrative permit no more than thirty (30) days following the filing of a complete application therefor. Approval will be based upon determining the request complies with the standards, limitations and other regulations in the governing section, which may include the imposition of conditions and limitations to ensure the permit is consistent with said requirements intended to protect the public health, safety and welfare; otherwise, the director shall deny the application and provide the applicant a written statement of the reasons the permit cannot be issued. The applicant shall be advised in writing of the right to appeal the director’s decision pursuant to Section 17.55.050. Notwithstanding above, permits for accessory dwelling units and/or junior accessory dwelling units shall be decided within one hundred twenty (120) days of receipt of a complete application and subject to the provisions outlined in Chapter 17.21. 17.55.050 Effective date–Appeals. A. Notwithstanding 17.55.050(C), decisions of the community development director may be appealed to the planning commission by filing an appeal within fifteen (15) days of the director’s decision; provided, that upon affixing the signature of the applicant to an issued permit, the permit shall become effective and the right to appeal shall be waived. Appeals shall be filed in writing with the community development department accompanied by a fee set by resolution of the city council. Notice of hearing shall be given to the applicant at least ten (10) days prior to the hearing, unless the applicant agrees to waive the requirement so that the matter may be heard at an earlier time. The commission’s review shall be limited to a determination of whether the application complies with the requirements of the applicable governing section(s). The filing of an appeal within such time shall stay the effective date of the decision until the commission has acted on the appeal. The commission’s decision shall be final and conclusive, unless the governing section specifically provides for a direct or subsequent appeal to the city council. B. Appeals to the city council shall be filed with the city clerk accompanied by a fee set by resolution of the city council. The filing of an appeal within ten (10) days shall stay the effective date of the decision until the council has acted on the appeal as hereinafter set forth in this title. Upon receipt of a written appeal, the planning commission shall transmit to the council the planning commission’s complete record of the case. Notice of hearing shall DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 623828 Page 47 of 57 ORD #23-1471 be given to the applicant at least ten (10) days prior to the hearing, unless the applicant agrees to waive the requirement so that the matter may be heard at an earlier time. The council shall hear the matter and render a determination as soon as reasonably practicable, but in no event later than sixty (60) days after an appeal has been filed unless requested by the applicant. The council’s review shall be limited to a determination of whether the application complies with the requirements of the governing section. The council shall announce its findings within forty (40) calendar days of the hearing, unless good cause is found for an extension, and the decision shall be mailed to the applicant. The council’s decision shall be final and conclusive. C.Ministerial or non-discretionary Administrative Permits are not eligible for appeal. 17.55.060 Reapplication upon denial. After the denial of an administrative permit has become final, no further application for the same administrative permit shall be filed for the same property for the ensuing six months, unless the project has been revised so as to eliminate the decision making body’s previous objections to the project. Said revision shall require a completely new application process and payment of fees. 17.55.070 Revocation. Any administrative permit may be revoked by the director or the decision making body for any of the following causes: A.That any term or condition has not been complied with; B.That the property for which the administrative permit has been granted is used or maintained in violation of any statute, law, regulation or condition of approval; C.That the use for which the administrative permit was granted has not been exercised for at least twelve (12) consecutive months, or has ceased to exist, or has been abandoned; D.The administrative permit has been issued for a short-term vacation rental, which has received three (3) affirmed violations of the ordinance codified in this section or any of the City’s quality of life ordinances, such as noise violations, disturbing the peace, or creating a public nuisance, within a 12- month period; or, E.That the use for which the administrative permit was granted has been so exercised as to be detrimental to the public health or safety or so as to constitute a nuisance. DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 624829 Page 48 of 57 ORD #23-1471 A hearing to show cause why the permit should not be revoked shall be held by the issuing body prior to the revocation of any administrative permit. Written notice shall be provided the permit holder at least ten (10) days prior to the hearing stating the reasons therefor. (Ord. 19-1395 §7, 2019) 17.55.080 Expiration. An administrative permit shall expire at the conclusion of the permitted use or activity, not to exceed one year from the effective date if no expiration or term is stated therein, and the property shall thereafter be used in compliance with the provisions of this Title and Code. SECTION 43. Chapter 17.56 (Conditional Use Permits) of Title 17 (Zoning) of the Hermosa Beach Municipal Code shall be replaced as follows: 17.56.010 Authority to grant. A.The planning commission may grant conditional use permits for residential planned developments and commercial planned developments. B.The planning commission may grant conditional use permits upon application for all such matters as by this ordinance are required to be reviewed and allowed only upon the granting of a conditional use permit. 17.56.020 Purpose. The purpose of a conditional use permit shall be: A.To assure that the degree of compatibility shall be maintained with respect to the particular use on the particular site and in consideration of other existing and potential uses within the general area in which such use is proposed to be located; and B.To recognize and compensate for variations and degree of technological processes and equipment as related to the factors of noise, smoke, dust, fumes, vibration, odors and hazards. 17.56.030 Applicability Approval of a Use Permit is required for uses or developments specifically identified in any section of this Title which requires a Use Permit. 17.56.040 Criteria for review. In reviewing any conditional use permit for any use, the following criteria for granting said permit shall be considered: DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 625830 Page 49 of 57 ORD #23-1471 A. Distance from existing residential uses; B. The amount of existing or proposed off-street parking facilities, and its distance from the proposed use; C. Location of and distance to churches, schools, hospitals and public playgrounds; D. The combination of uses proposed; E. Precautions taken by the owner or operator of the proposed establishment to assure the compatibility of the use with surrounding uses; F. The relationship of the proposed business-generated traffic volume and the size of streets serving the area; G. The proposed exterior signs and decor, and the compatibility thereof with existing establishments in the area; H. The number of similar establishments or uses within close proximity to the proposed establishment; I. Noise, odor, dust and/or vibration that may be generated by the proposed use; J. Impact of the proposed use to the City’s infrastructure, and/or services; K. Will the establishment contribute to a concentration of similar outlets in the area; L. Other considerations that, in the judgment of the planning commission, are necessary to assure compatibility with the surrounding uses, and the as a whole. 17.56.050 Required findings. The Planning Commission must make all of the following findings to approve or conditionally approve a Use Permit application. The inability to make one or more of the findings is grounds for denial of an application. A. The proposed use is allowed within the applicable zone and complies with all other applicable provisions of this Title and all other titles of the Hermosa Beach Municipal Code; B. The proposed use is consistent with the General Plan and any applicable specific plan; C. The proposed use will not be averse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements; D. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses and circulation in the vicinity; and E. The site is physically suitable for the type of the use being proposed, including access, utilities, and the absence of physical constraints. DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 626831 Page 50 of 57 ORD #23-1471 17.56.060 Notice and hearing on application. Upon the filing of an application for a conditional use permit by a property owner, or by a lessee with the written consent of the property owner, due notice of public hearing shall be given at least ten calendar days prior to said hearing in accordance with requirements to be established by resolution of the city council. 17.56.070 Report on findings and decision. Not more than twenty (20) days following the public hearing on a conditional use permit, nor more than twenty (20) days following the filing of an application for a conditional use permit where no hearing is required, the planning commission shall announce its findings by formal report and said report shall recite, among other things, the facts and reasons which, in its opinion, make the granting or denial of the conditional use permit necessary to carry out the provisions and general purpose of this title, and shall order that the conditional use permit be granted or denied, and if such report orders that the conditional use permit be granted, it shall also recite such conditions and limitations as it may impose. 17.56.080 Report to be numbered and kept as permanent record. The formal report of the planning commission announcing its decision on a conditional use permit shall be numbered consecutively in the order of filing and shall become a permanent record in the file of the planning commission. 17.56.090 Notice of decision to applicant. Not later than ten days following the rendering of a decision ordering that a conditional use permit be granted or denied, a copy of the report shall be mailed to the applicant and his attorney at the address shown on the application filed with the planning commission. 17.56.100 Effective date – Time limitation for appeal. The order of the planning commission in granting or denying a conditional use permit shall become final and effective ten days from the date of the succeeding city council meeting at which it is determined whether or not to review the decision of the planning commission pursuant to Section 2.52.040 of this code until within such ten-day period an appeal in writing is filed with the council by any person dissatisfied with the decision of the planning commission. The filing of such appeal within such time shall stay the effective date of the order of the planning commission until such time as the council has acted on the appeal as hereinafter set forth in this title. DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 627832 Page 51 of 57 ORD #23-1471 17.56.110 Transmission of planning commission’s record to council. Upon receipt of a written appeal filed with the council as provided herein, the planning commission shall thereupon transmit to the council the planning commission's complete record of the case. 17.56.120 Council to hold public hearing on appeal. Within not to exceed forty (40) calendar days following filing of a written appeal, the city council shall conduct a duly advertised public hearing, public notice of which shall be given at least ten calendar days prior to said hearing in accordance with requirements established by resolution of the council. 17.56.130 Council to announce findings and decision. City council shall announce its findings and decision within a reasonable time, but not to exceed sixty (60) days, following the close of the public hearing, unless good cause is shown for the extension of time and the applicant or opponent or both are notified of this extension and the reasons therefor. The findings and decision shall recite the facts and reasons which in the opinion of the city council make the approval or denial of the conditional use permit necessary to carry out the general purpose of this title, and shall order that the conditional use permit be granted, denied or modified subject to such conditions or limitations that it may impose. City council may incorporate by reference all or part of any findings of any commission, hearing officer or administrative officer without expressly setting forth in full the findings of said commission, hearing officer or administrative officer if the findings of said commission, hearing officer or administrative officer are in writing and on file with the city clerk and made a part of the permanent record of the . If the city council does not announce its findings and decision, notice shall be given by mail to the applicant or opponent, or to both if they be different parties, of when the findings and decision will be made so that the applicant or opponent or both may be present at the meeting when said findings and decision are announced. 17.56.140 Decision of the council shall be final. The action by the city council on such matters shall be by three affirmative votes of the council, and shall be final and conclusive except: A. The city council may approve, modify or disapprove the recommendation of the planning commission; provided, that any modification of a proposed conditional use permit, precise development plan, variance, height limit exception, nonconforming remodel, parking plan, permitted use request or DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 628833 Page 52 of 57 ORD #23-1471 other similar discretionary land use matter, by the council may be referred back to the planning commission for report and recommendation, and the planning commission shall not be required to hold a public hearing thereon. Failure of the planning commission to report to the city council within forty (40)days after the reference, or such longer period as may be designated by the city council, shall be deemed to be approval of the proposed modification. B.Upon return of the matter to the city council, the city council may by three affirmative votes of the council, approve, modify or disapprove the final recommendation of the planning commission on such matters. 17.56.150 Notice of decision of the council. Not later than thirty (30) days following the final decision of the city council that a conditional use permit be granted or denied, notice of such action shall be mailed to the applicant or opponent, or both if they be different parties, and one copy shall be attached to the planning commission's file of the case and said file returned to the planning commission for permanent filing. Failure to give notice shall not affect the decision rendered in these matters. SECTION 44. Chapter 17.58 (Precise Development Plan) of Title 17 (Zoning) of the Hermosa Beach Municipal Code shall be replaced as follows: 17.58.010 Purpose This Chapter establishes the Precise Development Plan procedure to ensure that new development supports the goals and objectives of the General Plan and other adopted plans and guidelines. The specific purposes of the Precise Development Plan process are to: A.Promote excellence in design, layout, and other physical features of development to achieve a reasonable level of quality, compatibility, in harmony with the community’s social, economic and environmental objectives; B.Ensure that new and altered development will be compatible with the existing and potential development of the surrounding area; and C.Supplement other City regulations and standards in order to ensure control of physical features of development that are not otherwise addressed. 17.58.020 Applicability and Review Authority A.A Precise Development Plan review is required for all projects that require a permit for new construction, rehabilitation, alteration, or other DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 629834 Page 53 of 57 ORD #23-1471 improvements to the exterior of a structure, site or a parking area except for: 1.Projects with four (4) or less dwelling units, including new construction, remodels or additions thereto; 2.Remodels or additions of less than one thousand five hundred (1,500) square feet in any zone. B.Precise Development Plans shall be decided upon by the Planning Commission with the following exceptions which shall be decided upon by the Community Development Director or designee: 1.New construction, rehabilitation, alteration, or other improvements to the exterior of a structure, site or a parking area for: a.Projects with two (2) or more dwelling units with affordable units or senior units (refer to section 17.42.100). 1.Projects that qualify for a density bonus pursuant to Section 17.42.100 or are comprised entirely of residential units restricted to be affordable to moderate- or lower- income households shall be subject to a non- discretionary precise development plan focusing solely on physical design and ensuring conformance with objective development standards, rather than examining the appropriateness of the use itself; said precise development plan process is not a ‘project’ and is not subject to the California Environmental Quality Act (CEQA). C.Application. All applications for Precise Development Plan shall be filed with the Community Development Department on forms prescribed by the Community Development Director. D.Concurrent Processing. When a development project requires a Use Permit, Variance, or any other discretionary approval, the Precise Development Plan application shall be submitted as a part of the application for the underlying permit, Use Permit, or Variance., except as noted in Section 17.58.020(B)(1)(ii)(1). K.Notification. 1.An application for a Precise Development Plan decided upon by the Community Development Director or design shall require a mailed notice to the applicant. 2.An application for a Precise Development Plan decided upon by the Planning Commission shall require notice, pursuant to Chapter 17.68, Procedure, Hearings, Notices and Fees DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 630835 Page 54 of 57 ORD #23-1471 L.Review Authority 1.Public Hearing is required for projects subject to Section 17.58.20(A). An application for a Precise Development Plan shall require a public hearing before the Planning Commission, pursuant to Chapter 17.68, Procedure, Hearings, Notices and Fees 2.The Community Development Director shall act as the review authority for projects subject to Section 17.58.020(B). No public hearing shall be required. 17.58.030 Scope of Precise Development Plan Review A.Precise Development Plan Review Considerations. Precise Development Plan review shall be based on consideration of the requirements of this Chapter as they apply to the design of the site plan, structures, landscaping, and other physical features of a proposed project, including: 1.Building proportions, massing, and architectural details. 2.Site design, orientation, location, and architectural design of buildings relative to existing structures on or adjacent to the property, topography, and other physical features of the natural and built environment; 3.Size, location, design, development, and arrangement of site access for modes of transportation, including on-site vehicle and bicycle parking. 4.Height, materials, and design of fences, walls, and screen plantings; 5.Location and type of landscaping including selection and size of plant materials, and design of hardscape; and 6.Size, location, design, color, lighting, and materials of all signs. 17.58.040 Required Findings The review authority must make all of the following findings to approve or conditionally approve a Precise Development Plan application. The inability to make one or more of the findings is grounds for denial of an application. A.The design, layout, and other physical features of the project comply with all other applicable provisions of this Title and all other titles of the Hermosa Beach Municipal Code; B.The design, layout, and other physical features of the project are consistent with the General Plan, and any applicable specific plan or design guidelines; and DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 631836 Page 55 of 57 ORD #23-1471 C.The design, layout, and other physical features of the project comply with any design or development standards applicable to the zone, unless waived or modified pursuant to the provisions of this Title. 17.58.050 Conditions of Approval In approving a Precise Development Plan, the review authority may impose reasonable conditions or restrictions and/or require reasonable guarantees and evidence that such conditions are being, or will be, complied with, to achieve the following outcomes: A.Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the city council; B.Achieve the general purposes of this Title or the specific purpose of the zone in which the project is located; C.Achieve the findings for a Precise Development Plan listed in Section 17.58.050, Required Findings; or; D.Mitigate any potentially significant impacts identified because of environmental review conducted in compliance with the California Environmental Quality Act. 17.58.060 Appeals A.Except as noted in Section 17.58.020(B)(1)(ii)(1), decisions of the community development director/staff may be appealed to the planning commission by filing an appeal within fifteen (15) days of the director’s decision; provided, that upon affixing the signature of the applicant to an issued permit, the permit shall become effective and the right to appeal shall be waived. Appeals shall be filed in writing with the community development department accompanied by a fee set by resolution of the city council. Notice of hearing shall be given to the applicant at least ten (10) days prior to the hearing, unless the applicant agrees to waive the requirement so that the matter may be heard at an earlier time. The commission’s review shall be limited to a determination of whether the application complies with the requirements of the governing section. The filing of an appeal within such time shall stay the effective date of the decision until the commission has acted on the appeal. The commission’s decision shall be final and conclusive, unless the governing section specifically provides for a direct or subsequent appeal to the city council. DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 632837 Page 56 of 57 ORD #23-1471 B.Appeals to the city council shall be filed with the city clerk accompanied by a fee set by resolution of the city council. The filing of an appeal within ten (10) days shall stay the effective date of the decision until the council has acted on the appeal as hereinafter set forth in this title. Upon receipt of a written appeal, the planning commission shall transmit to the council the planning commission’s complete record of the case. notice of hearing shall be given to the applicant at least ten (10) days prior to the hearing, unless the applicant agrees to waive the requirement so that the matter may be heard at an earlier time. The council shall hear the matter and render a determination as soon as reasonably practicable, but in no event later than sixty (60) days after an appeal has been filed unless requested by the applicant. The council’s review shall be limited to a determination of whether the application complies with the requirements of the governing section. The council shall announce its findings within forty (40) calendar days of the hearing, unless good cause is found for an extension, and the decision shall be mailed to the applicant. The council’s decision shall be final and conclusive. SECTION 45. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remainder of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof is declared invalid or unconstitutional. SECTION 46. Effective Date. This Ordinance shall take effect thirty (30) days after its passage and adoption pursuant to California Government Code section 36937, or upon certification of the City’s 2021-2029 Housing Element (6th Cycle) by the California Department of Housing and Community Development, whichever is later. SECTION 47. Certification. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 633838 Page 57 of 57 ORD #23-1471 Mayor Justin Massey PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA APPROVED AS TO FORM: ________________________________ Patrick Donegan, ATTEST: ________________________________ Myra Maravilla, City Clerk City Attorney PASSED, APPROVED and ADOPTED on this 14th day of November, 2023. DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 634839 Intro: 10/24/2023 Adopt: 11/14/2023 ss State of California ) County of Los Angeles ) City of Hermosa Beach ) December 19, 2023 Certification of Council Action ORDINANCE NO. 23-1471 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE HERMOSA BEACH MUNICIPAL CODE TO IMPLEMENT HOUSING ELEMENT POLICIES AND PROGRAMS, AND DETERMINE PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT THAT THE PROJECT IS CONSISTENT WITH THE PLAN HERMOSA ENVIRONMENTAL IMPACT REPORT I, Myra Maravilla, City Clerk of the City of Hermosa Beach, California, do hereby certify that the above and foregoing Ordinance No. 23-1472 was duly approved and adopted by the City Council of said City at its regular meeting thereof held on the 14th day of November 2023 and passed by the following vote: AYES: MAYOR MASSEY, MAYOR PRO TEM FRANCOIS, COUNCILMEMBERS SAEMANN, DETOY, and JACKSON NOES: NONE ABSTAIN: NONE ABSENT: NONE _____________________________ Myra Maravilla, City Clerk DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 635840 Laura Pena Dear Planning Commissioners, I am providing feedback for our Zoning Text Amendments that pertain to our Housing Element. It is essential that we review potential barriers by streamlining our municipal code to ensure opportunities for housing have the capacity to be realized. Since a substantial amount of RHNA numbers now include sites in our commercial areas it would be disingenuous to submit known issues without clarifying further. According to the staff report, the recommendations for eliminating guest parking ONLY for “multiple dwellings (three or more units)” creates and unnecessary barrier with parking requirements for mixed-use single or two residential units. Since requiring guest parking for these smaller lot projects with existing businesses whose hours of operations are later in the evening do not allow for shared parking arrangements, the updates to eliminate guest parking requirements should be consistent and include less than three units as well. Further complicating the parking requirement issues are the constraints around tandem parking in non-residential zones. Section 14.44.110 Tandem Parking and Entry-Way Standards does not explicitly allow tandem parking for mixed-use residential. Section A of the code states tandem parking is permissible in residential zones and section B states it’s allowable for non-residential uses. However, the municipal code does not allow tandem parking in non-residential zones, for residential uses. After speaking with Director Tai on this issue it was noted that certain terminology in our code needs to be updated for consistency. I believe we have the opportunity to clarify and streamline our tandem parking code before we submit to HCD so there is no further confusion. As always, I appreciate your thoughtful consideration. Laura Pena 636 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 24-0252 Honorable Chair and Members of the Hermosa Beach Planning Commission Regular Meeting of May 21, 2024 REQUEST FOR A ZONE TEXT AMENDMENT (TA) 24-01 TO AMEND TITLE 17 OF THE HERMOSA BEACH MUNICIPAL CODE (HBMC) PERTAINING TO ADMINISTRATIVE PROCEDURES, A PART OF THE COMPREHENSIVE ZONING CODE UPDATE, AND DETERMINE THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. (Alexis Oropeza, Planning Manager Maricela Guillean, Associate Planner) Recommended Action: Staff recommends that the Planning Commission: 1.Receive a staff presentation; 2.Conduct a public hearing and solicit public comments; and 3.Adopt Resolution (Attachment 2)recommending that the City Council adopt Zone Text Amendment (TA)24-01 to amend Title 17 of the Hermosa Beach Municipal Code (HBMC) pertaining to Administrative Procedures,a part of the Comprehensive Zoning Code Update. The proposed changes include: a.Repealing and replacing the following chapters or sections of the Municipal Code: 1.Declaration Of Purpose 2.Variances 3.Precise Development Plans 4.Conditional Use Permit 5.Development Agreements 6.Administrative Permit 7.Amendments 8.Procedures, Hearings, Notices, And Fees 9.Housing Accessibility - Reasonable Accommodation For Disability; b.Amending the Municipal Code to add procedures for the following: 1.Review Authorities 2.Common Procedures 3.General Plan Amendment City of Hermosa Beach Printed on 5/21/2024Page 1 of 18 powered by Legistar™637 Staff Report REPORT 24-0252 4.Minor Exceptions 5.Temporary Use Permits 6.Minor Use Permits 7.Zoning Clearance 8.Specific Plans 9.Coastal Zoning Clearance 10.Parking Plans; and c.Amending the zoning code to add and revise definitions. d.Repealing procedures for Moving Buildings; e.Environmental Determination:Pursuant to the California Environmental Quality Act (CEQA)the proposed project is exempt pursuant to State CEQA guidelines section 15061(b)(3)as it can be seen with certainty that the subject modifications would not have the potential for significant effect upon the environment,and therefore the activity is not subject to CEQA. Executive Summary: The City initiated the Comprehensive Zoning Code and Subdivision Update (ZCU)in 2021;the Administrative Procedures are the first part of the resumed effort to complete the ZCU.The main objective of the Administrative Procedures is to provide a clear review path for processing zoning applications that are understandable and clear to both staff and the public.Staff requests that the Planning Commission receive public input,conduct a discussion,and recommend the City Council adopt Zone Text Amendment (TA24-01)to amend Title 17 of the Hermosa Beach Municipal Code (HBMC) pertaining to Administrative Procedures. Background: In 2017,the City Council adopted PLAN Hermosa,the City’s General Plan.In 2020,the City completed an assessment report outlining areas of Title 16 Subdivisions Ordinance and Title 17 Zoning Ordinance of the Hermosa Beach Municipal Code (HBMC)that need to be revised to be consistent with PLAN Hermosa.In 2021,the City launched the ZCU,and the Planning Commission conducted a series of special meetings weighing in on the proposed zoning changes. Past City Council and Planning Commission Actions Meeting Date Description March 4, 2020 Joint City Council/Planning Commission Study Session - Introduction to the Zoning and Subdivision Ordinance Assessment for Feedback May 19, 2020 Planning Commission - The Final Zoning and Subdivision Ordinance Assessment Presentation February 17, 2021 Economic Development Stakeholders Advisory Working Group - Introduction to the Targeted Parking Amendments March 1, 2021 Economic Development Committee - Introduction to the Targeted Parking Amendments to Receive Feedback March 3, 2021 Joint City Council/Planning Commission Study Session - Introduction to the ZCU for Feedback August 10, 2021 City Council adopts Ordinance No. 21-1436 to amend Section 17.26.050, Chapter 17.44 and Section 17.52.035 of the HBMC relating to off-street parking requirements in the commercial zones. February 2, 2022 Special Planning Commission Meeting to discuss Draft Land Use Regulations April 6, 2022 Special Planning Commission Meeting to discuss Draft Land Use Regulations June 7, 2022 Special Planning Commission Meeting to discuss Draft District and Design Standards August 8, 2022 Special Planning Commission Meeting to discuss Draft District and Design Standards September 22, 2022 Special Planning Commission Meeting to discuss Citywide Standards October 3, 2022 Special Planning Commission Meeting to discuss Citywide Standards November 2, 2022 Special Planning Commission Meeting to discuss Administrative Procedures December 13, 2022 City Council adopts Urgency Ordinance No. 22-1456U to amend Chapter 17.21 (Accessory Dwelling Units) of the HBMC. March 21, 2023 Planning Commission Meeting to discuss Rezoning Approach for Housing Element Implementation. July 11, 2023 City Council adopts Ordinance No. 23-1462 to amend Chapter 17.21 (Accessory Dwelling Units) of the HBMC. September 26, 2023 City Council adopts Ordinance No. 23-1469 to amend portions of HBMC Title 17 relating to commercial cannabis activities and mobile cannabis dispensaries. September 26, 2023 City Council adopts Ordinance No. 23-1468 to amend portions of HBMC Title 17 relating to Short-Term Vacation Rentals Pilot Program in Commercial Zones. November 14, 2023 City Council adopts Ordinance No. 23-1471 to amend the HBMC to implement Housing Policies and Programs. March 19, 2024 Planning Commission Study Session, “IN-THE-ZONE" the Zoning and Subdivisions Ordinance Update Planning Commission relaunch April 16, 2024 Planning Commission Study Session, “IN-THE-ZONE” the Zoning and Subdivision Ordinance Update relating to Administrative Procedures. City of Hermosa Beach Printed on 5/21/2024Page 2 of 18 powered by Legistar™638 Staff Report REPORT 24-0252 Meeting Date Description March 4, 2020 Joint City Council/Planning Commission Study Session - Introduction to the Zoning and Subdivision Ordinance Assessment for Feedback May 19, 2020 Planning Commission - The Final Zoning and Subdivision Ordinance Assessment Presentation February 17, 2021 Economic Development Stakeholders Advisory Working Group - Introduction to the Targeted Parking Amendments March 1, 2021 Economic Development Committee - Introduction to the Targeted Parking Amendments to Receive Feedback March 3, 2021 Joint City Council/Planning Commission Study Session - Introduction to the ZCU for Feedback August 10, 2021 City Council adopts Ordinance No. 21-1436 to amend Section 17.26.050, Chapter 17.44 and Section 17.52.035 of the HBMC relating to off-street parking requirements in the commercial zones. February 2, 2022 Special Planning Commission Meeting to discuss Draft Land Use Regulations April 6, 2022 Special Planning Commission Meeting to discuss Draft Land Use Regulations June 7, 2022 Special Planning Commission Meeting to discuss Draft District and Design Standards August 8, 2022 Special Planning Commission Meeting to discuss Draft District and Design Standards September 22, 2022 Special Planning Commission Meeting to discuss Citywide Standards October 3, 2022 Special Planning Commission Meeting to discuss Citywide Standards November 2, 2022 Special Planning Commission Meeting to discuss Administrative Procedures December 13, 2022 City Council adopts Urgency Ordinance No. 22-1456U to amend Chapter 17.21 (Accessory Dwelling Units) of the HBMC. March 21, 2023 Planning Commission Meeting to discuss Rezoning Approach for Housing Element Implementation. July 11, 2023 City Council adopts Ordinance No. 23-1462 to amend Chapter 17.21 (Accessory Dwelling Units) of the HBMC. September 26, 2023 City Council adopts Ordinance No. 23-1469 to amend portions of HBMC Title 17 relating to commercial cannabis activities and mobile cannabis dispensaries. September 26, 2023 City Council adopts Ordinance No. 23-1468 to amend portions of HBMC Title 17 relating to Short-Term Vacation Rentals Pilot Program in Commercial Zones. November 14, 2023 City Council adopts Ordinance No. 23-1471 to amend the HBMC to implement Housing Policies and Programs. March 19, 2024 Planning Commission Study Session, “IN-THE-ZONE" the Zoning and Subdivisions Ordinance Update Planning Commission relaunch April 16, 2024 Planning Commission Study Session, “IN-THE-ZONE” the Zoning and Subdivision Ordinance Update relating to Administrative Procedures. City of Hermosa Beach Printed on 5/21/2024Page 3 of 18 powered by Legistar™639 Staff Report REPORT 24-0252 Meeting Date DescriptionMarch 4, 2020 Joint City Council/Planning Commission Study Session -Introduction to the Zoning and Subdivision OrdinanceAssessment for FeedbackMay 19, 2020 Planning Commission - The Final Zoning and SubdivisionOrdinance Assessment PresentationFebruary 17, 2021 Economic Development Stakeholders Advisory Working Group -Introduction to the Targeted Parking AmendmentsMarch 1, 2021 Economic Development Committee - Introduction to the TargetedParking Amendments to Receive FeedbackMarch 3, 2021 Joint City Council/Planning Commission Study Session -Introduction to the ZCU for FeedbackAugust 10, 2021 City Council adopts Ordinance No. 21-1436 to amend Section17.26.050, Chapter 17.44 and Section 17.52.035 of the HBMCrelating to off-street parking requirements in the commercialzones.February 2, 2022 Special Planning Commission Meeting to discuss Draft Land UseRegulationsApril 6, 2022 Special Planning Commission Meeting to discuss Draft Land UseRegulationsJune 7, 2022 Special Planning Commission Meeting to discuss Draft Districtand Design StandardsAugust 8, 2022 Special Planning Commission Meeting to discuss Draft Districtand Design StandardsSeptember 22, 2022 Special Planning Commission Meeting to discuss CitywideStandardsOctober 3, 2022 Special Planning Commission Meeting to discuss CitywideStandardsNovember 2, 2022 Special Planning Commission Meeting to discuss AdministrativeProceduresDecember 13, 2022 City Council adopts Urgency Ordinance No. 22-1456U to amendChapter 17.21 (Accessory Dwelling Units) of the HBMC.March 21, 2023 Planning Commission Meeting to discuss Rezoning Approach forHousing Element Implementation.July 11, 2023 City Council adopts Ordinance No. 23-1462 to amend Chapter17.21 (Accessory Dwelling Units) of the HBMC.September 26, 2023 City Council adopts Ordinance No. 23-1469 to amend portions of HBMC Title 17 relating to commercial cannabis activities and mobile cannabis dispensaries. September 26, 2023 City Council adopts Ordinance No. 23-1468 to amend portions of HBMC Title 17 relating to Short-Term Vacation Rentals Pilot Program in Commercial Zones. November 14, 2023 City Council adopts Ordinance No. 23-1471 to amend the HBMC to implement Housing Policies and Programs. March 19, 2024 Planning Commission Study Session, “IN-THE-ZONE" the Zoning and Subdivisions Ordinance Update Planning Commission relaunch April 16, 2024 Planning Commission Study Session, “IN-THE-ZONE” the Zoning and Subdivision Ordinance Update relating to Administrative Procedures. Zoning and subdivision regulations translate the policies of a general plan into parcel specific regulations,including land use regulations and development standards.The type and intensity of land uses that are permitted is critical to achieving PLAN Hermosa’s vision for neighborhood preservation and enhancement,economic development,coastal resource protection,environmental sustainability,and community health.The ZCU objective is to develop zoning and subdivision ordinances that: ·Are consistent with and implement the General Plan/Coastal Land Use Plan; ·Are modern and reflects the City’s current uses, practices, and development patterns; ·Provide clear decision-making protocols and streamlined review processes,where appropriate; and ·Are clear, concise, understandable, and easy to use. Past ZCU Review Between 2021 and 2022,the Planning Commission reviewed,and the City Council adopted,Zone Text Amendments relating to off-street parking in commercial zones,Accessory Dwelling Units,Short- Term Vacation Rentals,Home Occupations,and Cannabis Delivery.The Planning Commission reviewed and discussed the Administrative Procedures on April 16,2021 and November 2,2022.In 2023,the City shifted its focus to updating the Housing Element to comply with state mandates and the California Housing and Community Development HCD)requirements.The ZCU was then reintroduced on March 19,2024 with a phased approach allowing for concrete progress towards the implementation of PLAN Hermosa.The Administrative Procedures are introduced as the first phase of the ZCU. The following is an overview of the tentative schedules: Summer 2024: Update land use regulations, definitions and standards for all zoning districts. ·Revise land uses to reflect contemporary uses. ·Revise land use definitions and regulations. City of Hermosa Beach Printed on 5/21/2024Page 4 of 18 powered by Legistar™640 Staff Report REPORT 24-0252 ·Update site development standards (lighting, landscaping, trash enclosures, fencing, etc). ·Create a Coastal Overlay with no proposed zone changes. Fall 2024:Revise Citywide standards to comply with State and Federal regulations.including revising solar and wireless standards.Other modifications will include revising home occupation standards,landscape standards,reviewing live entertainment provisions and modifying Historic Preservation standards. Winter 2024/Spring 2025:Modify the Subdivision Ordinance for consistency with State law, including updating submittal requirements and modifying procedures and application types as needed. Discussion: The administrative processes and procedures serve as a framework for the comprehensive ZCU. “Processes”refers to the overall path followed during the review of a project,while procedures describe the specific rules and requirements.Establishing clear processes and procedures is important for setting realistic expectations about review processes.The proposed changes to the Administrative Procedures are included in Attachment 1.The code section numbers in Attachment 1 are placeholders and will be properly numbered once the later phases comprehensive ZCU is completed.The following provides a summary of proposed chapters,highlights revisions,and a discussion of amendments that aim to achieve the goals and policies of PLAN Hermosa. Introductory Provisions This section establishes that the purpose of the Zoning Ordinance is to implement the City’s General Plan and to protect and promote the public health,and general welfare.The introductory provisions replace Declaration of Purpose (HBMC 17.02)and clarify that the Zoning Ordinance is to all applies to all non-public or right-of-way land owned by a private person,firm,corporation or organization,or the City of Hermosa Beach or other local,State or Federal agencies.This section also clarifies Zoning Ordinance is administered by the Hermosa Beach City Council,Planning Commission and Community Development Department. Review Authorities This section establishes:1)the City Council,Planning Commission,and Community Development Director (Director)as the designated review authorities for the Zoning Ordinance;2)defines their review authority;and 3)the review authority’s oversight for the various legislative actions,quasi- judicial (entitlement)actions,administrative permits,and ministerial (or by-right)actions established in the Zoning Ordinance.The ultimate review pathway depends on the type of project,location of the project and combination of requests.The table summarizing the notification radius has been expanded to summarize the applicable notification methods and include the notification radius for Minor Use Permits.As proposed,when there are multiple applications,all applications would be City of Hermosa Beach Printed on 5/21/2024Page 5 of 18 powered by Legistar™641 Staff Report REPORT 24-0252 Minor Use Permits.As proposed,when there are multiple applications,all applications would be reviewed by the highest review authority.A table summarizing the various applications,decision- making authorities,and appeal body is provided in Attachment 3.The table includes a guide for readers with notations identifying new procedures, and changes in the procedure title and/or change. Administrative Procedures (Attachment 1, page 9-10) 1.Public Notices (Attachment 1, page 13) Currently many of the public noticing practices are not codified in Title 17 and instead are contained within City Council Resolutions 91-5433 and 09-6631.Staff proposes to codify procedures to:1)specify the various notification radii;2)include a requirement to mail notices to both the property owner and occupants within the notification radius;and 3)include local agencies such as school districts.In addition,the form of public notification is expanded to reflect the current practice of posting public notices to the City’s website and on the project site.The following table is included in the draft Administrative Procedures and provides a summary of the notification methods proposed. Permit Type/Approv al Notice Type Notification Method Mailing Radius Web site Site Posting Newspape r Minor Exception Notice of Pending Action ü Adja cent and Abutt ing* Prop ertie s ü None None Minor Use Permit Notice of Pending Action ü 100’ü None None All Other Residential Projects Notice of Hearing ü 300’ü ü ü Commercial Projects Notice of Hearing ü 500’ü ü ü *Adjacent and abutting properties include properties located across a street or alley. City of Hermosa Beach Printed on 5/21/2024Page 6 of 18 powered by Legistar™642 Staff Report REPORT 24-0252 Additional provisions were added to include posting of public notices for Citywide projects in accordance with State law.The proposed changes to the Zoning Code makes the standard clear to all staff and the public,supporting transparency and predictability in the noticing process. 2.Notice of Director Action (Attachment 1, page 17) With the introduction of Director-level applications,such as Minor Exception Permits and Minor Use Permits,a new section is required in order to detail a new type of public notice for the pending action of the Director and the Notice of Action by the Director for an approval or denial.Specifically,the Notice of Pending Action would be provided in writing and inform recipients of the project description,the timing of the Director’s decision and explanation on the appeal process. 3.Zoning and Similar Use Determination (Attachment 1, page 20-21) The Zoning Ordinance is structured as a permissive set of regulations;uses that are not specifically listed are prohibited.The Director’s authority to administer,interpret,and make similar use determinations exists in the current Zoning Ordinance.When the Director determines that a proposed land use is similar to a listed use,the proposed use will be treated in the same manner as the listed use-specifically,where the use is allowed,what permits are required,and what other standards and requirements of this Zoning Code apply.This update relegates Similar Use Determinations from the Planning Commission to the Director as the review authority and establishes the required findings and post-determination procedures. This section now clarifies the Director’s ability to determine how to apply the zoning code:1)in cases of ambiguity,at the request of an applicant;or 2)as part of the Director’s regular responsibilities for administering the zoning code. 4.Minor Modification (Attachment 1, page 17-18) This section establishes that minor modifications to approved projects,excluding late night drinking establishments,may be approved by the Director provided the change is consistent with the approved findings,environmental analysis,and conditions by the original review authority.At the April 16,2024 Study Session,Planning Commission expressed concern with the proposed threshold for minor modifications.In response,staff updated this section to establish a maximum floor area expansion of 10 percent or 1,500 square feet,whichever is less. 5.Appeals and Calls for Reviews (Attachment 1, page 19-20) The City Council review of Planning Commission decisions is established within Title 2 Administration and Personnel of the HBMC.Staff recommends updating this section to City of Hermosa Beach Printed on 5/21/2024Page 7 of 18 powered by Legistar™643 Staff Report REPORT 24-0252 Administration and Personnel of the HBMC.Staff recommends updating this section to establish that an aggrieved member of the public,including the applicant,may file an appeal within 15 days of the Planning Commission’s decision.However,the City Council may call up the Planning Commission decision within the 15-day period or at the next available City Council meeting,whichever time period is greater.In response to Planning Commission’s direction a definition of “aggrieved”has been added as a new definition.This definition pertains to an individual or entity who has made themselves known by providing written or public testimony in response to a notice or at a public hearing. 6.Coastal Clearance - Approval in Concept (Attachment 1, page 54-55) This section is proposed to reflect current processes and procedures for development in the Coastal Zone which are not incorporated in the Zoning Ordinance today.The addition of this section would help improve the public’s understanding of the development review process for properties in the Coastal Zone.These procedures are temporary while the City pursues obtaining local coastal review authority. This section makes clear that the Approval in Concept procedure is strictly applied to public and private development within the Coastal Zone as required under the California Coastal Act. The issuance of an Approval in Concept confirms that a project complies with all local regulations including confirming whether any entitlements are required.These procedures are established by the California Coastal Commission (CCC)and are required for development in the Coastal Zone. This section would be further revised as part of the work on the city’s Local Coastal Program - the means of obtaining local authority. Applications Staff assessed the existing procedure framework for each application type and created a new standardized structure for each application section.The goal of the standardization is to provide a predictable format and provide clear decision-making protocols.Some sections vary due to the specific nature of each application. 1.Zoning Clearance (Attachment 1, page 22-23) This section was initially introduced as part of the Comprehensive Zoning Update in 2022.The intent of adding the Zoning Clearance is to define and describe review procedures and processes staff routinely conducts for by-right ministerial reviews.The purpose of this section is to establish procedures to verify that new or expanded uses,activities,or development comply with all applicable requirements.Proposed application types processed through a Zoning Clearance include special housing development projects such as ADUs,density bonus projects,emergency shelters,supportive housing and residential care facilities.This process is City of Hermosa Beach Printed on 5/21/2024Page 8 of 18 powered by Legistar™644 Staff Report REPORT 24-0252 projects,emergency shelters,supportive housing and residential care facilities.This process is also designed to capture the planning review of business licenses,and accessory structures or fences,that depending on size,may not require a building permit.As proposed,a Zoning Clearance would be processed ministerially,and would not be appealable.Minor formatting changes have been made since the April 16,2024 Planning Commission meeting to make the table more clear and standardize procedures.Additionally,this section provides more predictable and objective procedures to streamline special housing development projects and process routine ministerial requests. 2.Administrative Permit (Attachment 1, page 23-26) The Administrative Permit procedures were updated as part of the zone changes that accompanied the Housing Element.The section is updated to standardize formatting,and no substantive changes are being proposed to this section,The Planning Commission will have an opportunity to review and recommend uses that would require an Administrative Permit. 3.Temporary Use Permit (Attachment 1, page 26-28) This section was introduced as part of the Comprehensive Zoning Update progress in 2022. The purpose of this section is to establish a process for review of uses that are intended to be of limited duration of time and do not permanently alter the character or physical facilities of the site.A Temporary Use Permit will act as a tool to process uses that are temporary in nature and are not currently captured in other application types.The Temporary Use Permit section is crafted to include Conditions of Approval to mitigate potential impacts to surrounding uses and include standard formatting and clear procedures.The specific uses subject to a Temporary Use Permit will be presented to the Planning Commission for its consideration at future meetings. 4.Reasonable Accommodation (Attachment 1, page 28-32) The reasonable accommodation procedures were updated as part of the zone changes that accompanied the Housing Element.The section was updated to make the reasonable accommodation standards objective and predictable in support of Fair Housing practices in the City. There are no changes recommended at this time. 5.Certificate of Appropriateness (Attachment 1, page 9) The Historic Resources Preservation section (HBMC 17.53)establishes the procedures to protect and alter historic resources such as buildings,structures,sites,and places within the City.The only proposed modification to this section is to change the review authority from City Council to Planning Commission for Certificate of Appropriateness applications and is reflected under review authority.This change would position the City to become a Certified Local Government (CLG)by the California State Office of Historic Preservation.To be eligible for certification,the city must establish a Historic Review Commission that consists of 5 City of Hermosa Beach Printed on 5/21/2024Page 9 of 18 powered by Legistar™645 Staff Report REPORT 24-0252 for certification,the city must establish a Historic Review Commission that consists of 5 members,including two professionals with a background in related areas such as history, architecture,architectural history,and planning.The Planning Commission’s area of responsibility as the advisor on land use matters makes this review authority more likely to satisfy the eligibility criteria.Potential benefits of obtaining this certification include technical assistance and grants. 6.Minor Exceptions (existing Administrative Variance HBMC 17.53.030)(Attachment 1,page 32- 34) The Administrative Variance section (HBMC 17.54.030)outlines categories eligible for consideration,however,the review authority is the Planning Commission.The Administrative Variance is essentially the same as a Variance because the process,review authority and required findings are the same.To differentiate the processes and provide a more streamlined option,staff proposes to repeal the Administrative Variance and replace with a new Minor Exception application type. This section is intended to establish a process where an applicant may obtain a Minor Exception,subject to Director review,for certain development standards,in common situations.Applicants would be required to demonstrate that there are practical difficulties in complying with all the requirements of the Zoning Code. The Director must make specific findings and may impose project-specific conditions to mitigate any potential negative impact to surrounding uses.Requests greater than the maximum adjustment or an exception to a standard not listed would require a Variance considered by the Planning Commission at a public hearing.Due to the limited scope of the application,staff proposes noticing for the application be limited to the properties and occupants directly adjacent to the subject project.The applicability section for Minor Exceptions is a placeholder until development standards are discussed at a future meeting. 7.Minor Use Permit (MUP) (Attachment 1, Page 34-36) A MUP was previously introduced as part of the Comprehensive ZCU progress in 2022.The purpose of the Minor Use Permit is to create a streamlined review process for specified uses when appropriate.As proposed,the Community Development Director would act as the review authority for MUPs.MUPs require public notice to be given to owners and residents within a 300-foot radius of the subject site prior to Director action,but are not subject to a public hearing.Notice of the Director’s decision would be mailed to interested parties and the decision could be appealed to the Planning Commission. 8.Conditional Use Permit (CUP) (Attachment 1, page 36-40) The Conditional Use Permit process (HBMC 17.56)was updated as part of the Housing City of Hermosa Beach Printed on 5/21/2024Page 10 of 18 powered by Legistar™646 Staff Report REPORT 24-0252 The Conditional Use Permit process (HBMC 17.56)was updated as part of the Housing Element-related Zone Text amendments to include objective findings and move Criteria for Review from HBMC 17.40 to the appropriate section.At this time no substantive changes are proposed.Sections outlining process and procedures will be reorganized to standardize formatting. The specific uses subject to a CUP or MUP will be presented to the Planning Commission for consideration at future meetings.Staff is seeking direction from the Planning Commission on uses that may fall within the applicability for a MUP or CUP. 9.Abandonment of Conditional Use Permit (Attachment 1, page 36-40) HBMC Section 17.70.030 states that CUPs run with the land and are not considered abandoned until and unless the property owner voluntarily abandons the use permitted by the CUP no longer requires a CUP.Meanwhile,HBMC Section 17.70.010(C)requires that Planning Commission use the revocation procedure to revoke a CUP when the approved use ceased for over 12 months.HBMC Section 17.70.010(C)also provides several conditions under which CUPs can be continued,generally pertaining to ongoing lease or sale activity. Staff proposes to designate all CUPs granted after the effective date of the Ordinance to expire one year after the use ceases.This provision is consistent with how the Zoning Ordinance regulates nonconforming uses.HBMC Section 17.52.020 states all nonconforming uses are deemed abandoned after 90 consecutive dates of discontinued use.Efforts to bring the CUP abandonment criteria up to date with current practices reflect the desire to keep CUPs reflective of the current environment. 10.Parking Plan (Attachment 1, page 40-42) Parking Plans allow for an alternative or reduced parking configuration to comply with the Off- Street Parking Chapter (HBMC 17.44).Although City staff regularly processes applications for Parking Plan applications,there are currently no clear procedures or required findings to process a Parking Plan application.Staff proposes a new section establishing the processes and procedures for Parking Plans.Parking Plans allow for an alternative parking configuration to comply with the Off-Street Parking Chapter (HBMC 17.44).Currently,there are no clear procedures or required findings to process a Parking Plan application.This new section would maintain the Planning Commission as the review authority and would establish clear noticing and public hearing procedures,as well as required findings and parameters for imposing project specific conditions of approval.Staff proposes to include required findings for Parking Plan applications. The findings are listed below: A.The Parking Plan conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the City Council; B.The Parking Plan is consistent with the purposes of this Title and the specific purpose City of Hermosa Beach Printed on 5/21/2024Page 11 of 18 powered by Legistar™647 Staff Report REPORT 24-0252 B.The Parking Plan is consistent with the purposes of this Title and the specific purpose of the zone in which the project is located; C.The Parking Plan satisfies all the applicable criteria for the Parking Plan configuration requested in accordance with the Off-Street Parking Chapter of Title 17; and D.The granting of the requested modification would not be detrimental to the public, health, safety, or welfare of the public. The required findings are intended to provide staff,the Planning Commission and the applicant with a framework for preparing and evaluating a Parking Plan application.In addition,Conditions of Approval were added as a tool for the Planning Commission to impose reasonable conditions or restrictions to achieve the following outcomes: A.Ensure that the proposal complies with the general purpose of Title 17 or the specific procedures of the zone in which the project is located; B.Achieve the findings for the Parking Plan listed in Section TBD, “Required Findings”. C.A covenant with the city a party thereto,may be required limiting the use of the property and/or designating the method by which the required parking will be provided at the time that the Planning Commission determines that inadequate parking exists. The creation of this new section provides for a predictable and user-friendly set of procedures for the processing of Parking Plans.As the contents and design of a Parking Plan may vary from project to project based on the site conditions,this section is drafted to provide clear standards as well as room for flexible design criteria. 11.Precise Development Plans (PDP) (Attachment 1, page 42-44) The PDP is an entitlement review process established to promote “excellence in design, layout,and other physical features of development to achieve a reasonable level of quality, compatibility,in harmony with the community’s social,economic and environmental objectives.” Staff recommends revising the established PDP thresholds to streamline the review process for non-residential projects involving interior remodels only,as well as for smaller residential projects.Currently,an interior reconfiguration of 1,500 square feet or more requires a PDP in addition to the building plan review process.The change is recommended to support the re- tenanting of spaces by reducing the review process for new businesses in smaller tenant spaces.Staff would continue to verify zoning compliance for interior tenant improvements of 3,000 square feet or less through the building plan review process,prior to building permit issuance. City of Hermosa Beach Printed on 5/21/2024Page 12 of 18 powered by Legistar™648 Staff Report REPORT 24-0252 Staff proposes changes to the thresholds for Planning Commission review of residential development projects would allow the Planning Commission to retain review authority of market-rate residential projects with five or more units,as well as all mixed-use residential developments,regardless of the number of units proposed.At the April 16,2024 Planning Commission meeting,staff proposed to shift the review of four or fewer residential units from the Planning Commission to the Director.During the meeting,the Planning Commission expressed that Planning Commission should retain the review authority for all residential projects. Since the meeting,staff has received comments from HCD regarding the Housing Element zoning text amendments.Based on comments from HCD,staff is proposing the following amendments under a separate Zoning Text Amendment,which are included here for reference. ·New residential projects with two (2)or more dwelling units including a minimum of 20% lower-income units ·Projects including minimum of 20%lower-income units that qualify for a density bonus pursuant to Section 17.42.100 12.Moving Buildings (HBMC 17.62.020) This is an existing code section that would be repealed and moved to Title 15 under Building and Construction regulations at a future date.Along with relocating the regulations to Title 15, the procedure would be changed to a ministerial procedure as a building permit.Staff would review the proposed building with the development standards of the zone in accordance with the destination location as part of the plan review process. 13.Variances (Attachment 1, page 44-46) This existing section is modified to remove Administrative Variances (moved and renamed to Minor Exception,Section TBD)and includes standardized formatting and clear procedures for processing a Variance. 14.Development Agreements (Attachment 1, page 46-48) Staff proposes to modify this code section include clear Development Agreement Amendment and cancellation procedures.The section is clarified to include the Planning Commission as the Advisory Board to the City Council who is the review authority for Development Agreements.Required application content is introduced to provide the City and the applicant with clear standards for assessing an application for completeness.In addition,required findings were added as follows: City of Hermosa Beach Printed on 5/21/2024Page 13 of 18 powered by Legistar™649 Staff Report REPORT 24-0252 A.The Development Agreement is in the best interests of the City,promoting the public interest and welfare through public benefits; and B.The Development Agreement is consistent with all applicable provisions of the General Plan, any applicable specific plan, and this Zoning Ordinance. Incorporating required findings assists Planning Commission and the City Council in the review and justification for support or denial of a Development Agreement. 15.Specific Plans (Attachment 1, page 48-50) Specific Plans are a planning tool authorized by the state to implement the General Plan.A specific plan blends together policy and specific development standards and is applied to a small geographic region.Like zoning,the Specific Plan must be consistent with the General Plan.Currently there are ten Specific Plans and no clear procedures or required findings to amend or add Specific Plans. This new section would designate the Planning Commission as the Advisory Board to the City Council who is the review authority for Specific Plan amendments.The establishment of standardized procedures include adding application,public notice and public hearing requirements,as well as required findings.Staff proposes to include the following required findings: A.The specific plan or amendment is consistent with the goals,objectives,and policies of the General Plan; B.The specific plan or amendment will not create conditions materially detrimental to the public health, safety, and general welfare; C.The specific plan or amendment is compatible with zoning on adjacent properties,and ensures development of desirable character that will be harmonious with surrounding properties; D.The specific plan or amendment is suitable and appropriate for the location, access, and topography for the development of the subject property; Incorporating required findings guides the Planning Commission and City Council in the review and justification for an amendment or creation of a Specific Plan Area. 16.Zoning Amendment (Attachment 1, page 50-52) The Amendment section (HBMC 17.66)will be replaced with an updated Zoning Amendment process.This section is intended to establish procedures by which changes may be made to the text of the Zoning Ordinance or to the Zoning Map. This section would designate the Planning Commission as the Advisory Board to the City Council who is the review authority for Zoning Amendments.The establishment of standardized procedures include adding application,public notice and public hearing City of Hermosa Beach Printed on 5/21/2024Page 14 of 18 powered by Legistar™650 Staff Report REPORT 24-0252 standardized procedures include adding application,public notice and public hearing requirements,as well as required findings.Staff proposes to include the following required findings: A.The amendment would not be detrimental to the public interest,health,safety, convenience or welfare of the City; B.The amendment is consistent with the intent of the vision,goals and objectives, and policies of PLAN Hermosa, the city’s general plan; and C.The amendment is consistent with the purpose of the Zoning Ordinance, Title 17. The addition of required findings guides the Planning Commission and the City Council in the review and justification for a Zoning Amendment. 17.General Plan Amendments (Attachment 1, page 52-54) General Plan Amendment (GPA)is a new section establishing the process and procedures for amendments to the General Plan text or maps.GPA is a process regulated by State law. Adding this to the Zoning Ordinance provides ease of use and transparency.GPAs represent a fundamental shift in land use.As proposed,an amendment to change PLAN Hermosa can only be initiated by the City Council.As a legislative matter,the Planning Commission's role is an advisory body to the City Council. The City Council is the final review authority for GPAs. As a legislative action,the decision-making body is only required to make findings of internal consistency for a GPA.However,findings establish the parameters which the reviewing authority uses by which to evaluate a proposal.Establishing the State requirements for GPAs into findings increases transparency of the decision-making process for the public.To ensure, that GPAs are carefully considered and consistent with State law,GPA findings are added as follows: A.The proposed amendment would not be detrimental to the public interest,health, safety,convenience or welfare of the city,as specified under Government Code Section 65358(as); B.That adoption of the proposed General Plan amendment will not exceed the annual limit on amendments specified under Government Code Section 65358(b); and C.The amendment is consistent with the intent of the vision,goals and objectives, and policies of the General Plan and internally consistent. This section includes standardized formatting and clear procedures for processing a General Plan Amendment. City of Hermosa Beach Printed on 5/21/2024Page 15 of 18 powered by Legistar™651 Staff Report REPORT 24-0252 Next Steps The City Council is the decision-making body for Zone Text Amendments along with the associated environmental review.The Planning Commission’s action on the Administrative Procedures will serve as a recommendation to the City Council. Next month,the Planning Commission will hold a study session on the next phase of the ZCU focused on non-residential land use regulations, definitions and standards for all zoning districts. ·Revise land use definitions and regulations. ·Coastal Overlay Zone ·Update site development standards (lighting, landscaping, trash enclosures, fencing, etc). ·Create a Coastal Overlay with no proposed zone changes ·Minor Special Event regulations General Plan Consistency: PLAN Hermosa,the City’s General Plan,was adopted by the City Council in August 2017.The purpose of the ZCU is to implement the General Plan and the current code changes align with the following PLAN Hermosa implementation actions: ·Governance Goal 1.A high degree of transparency and integrity in the decision-making process. ·Governance Goal 2. The community is active and engaged in the decision-making process. ·Governance Goal 5. Small beach town character is reflected throughout Hermosa Beach. o Policy 5.1 Residential and commercial compatibility.Provide a balance between residential and commercial uses and strive to ensure their compatibility. o Policy 5.2 Development decisions.Strive to conduct the development review process in a consistent and predictable manner. o Policy 5.3 Clear regulations.Establish clear,unambiguous regulations and policies to clearly communicate the City’s expectations ·Land Use 1-Amend the Zoning Map to bring consistency between PLAN Hermosa Land Use Designations and Zoning Ordinance Zoning Districts and review development standards for non-conforming Uses. Land Use 2 -Establish development standards within the zoning code to establish any new land use designations and modify existing development standards to articulate the appropriate building form, scale, and massing for each established character area and applicant density standards. Environmental: Pursuant to the California Environmental Quality Act (CEQA)the proposed project is exempt pursuant to State CEQA Guidelines section 15061(b)(3)(Common Sense Exemption)of the State CEQA Guidelines (Chapter 3 of Division 6 of Title 14 of the California Code of Regulations).The City of Hermosa Beach Printed on 5/21/2024Page 16 of 18 powered by Legistar™652 Staff Report REPORT 24-0252 CEQA Guidelines (Chapter 3 of Division 6 of Title 14 of the California Code of Regulations).The activity is covered by the Common Sense Exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment.There is no possibility that the proposed change to the zoning code may have a significant effect on the environment,therefore the activity is not subject to CEQA.No special circumstances exist that the proposed change would create a significant adverse effect on the environment (i.e.no sensitive species or habitats,no hazardous sites, no scenic highways, no historic resources, etc.). Public Notification: For the current agenda item, the City published an ad in the Easy Reader on May 9, 2024 and sent an e-blast to community members on May 8, 2024. The public may sign up for notifications on the webpage here:www.hermosabeach.gov/zoning <http://www.hermosabeach.gov/zoning>. The interested parties lists include 1,958 email addresses to date. Staff met with representatives from the Hermosa Beach Chamber of Commerce on May 9, 2024. As of the writing of the report, staff has received one public comment from the Chamber of Commerce (Attachment 3). Attachments: 1.Administrative Procedures Annotated Draft 2.Draft Resolution with Ordinance and Administrative Procedures 3.Review Authority Chart 4.Public Comments 5.Public Notification Package 6.Link to the 2020 Zoning Code Assessment 7.Link to the March 4, 2020 Joint City Council/Planning Commission Study Session 8.Link to the May 19, 2020 Planning Commission Meeting 9.Link to the February 17, 2021 Economic Development Stakeholders Advisory Working Group 10.Link to the March 1, 2021 Economic Development Committee Meeting 11.Link to the March 3, 2021 Joint City Council/Planning Commission Study Session 12.Link to the August 10, 2021 City Council Meeting 13.Link to the February 2, 2022 Special Planning Commission Meeting 14.Link to the April 6, 2022 Special Planning Commission Meeting 15.Link to the June 7, 2022 Special Planning Commission Meeting 16.Link to the August 8, 2022 Special Planning Commission Meeting 17.Link to the September 22, 2022 Special Planning Commission Meeting 18.Link to the October 3, 2022 Special Planning Commission Meeting 19.Link to the November 2, 2022 Special Planning Commission Meeting 20.Link to the December 13, 2022 City Council Meeting 21.Link to the March 21, 2023 Planning Commission Meeting 22.Link to the July 11, 2023 City Council Meeting 23.Link to the September 26, 2023 City Council Meeting City of Hermosa Beach Printed on 5/21/2024Page 17 of 18 powered by Legistar™653 Staff Report REPORT 24-0252 24.Link to the November 14, 2023 City Council Meeting 25.Link to the March 19, 2024 Planning Commission Meeting 26.Link to the April 16, 2024 Planning Commission Meeting 27.SUPPLEMENTAL - Raymond Dussault eComment 5/21/24 Respectfully Submitted by:Alexis Oropeza,Planning Manager and Maricela Guillean,Associate Planner Legal Review: Patrick Donegan, City Attorney Approved: Carrie Tai, AICP, Community Development Director City of Hermosa Beach Printed on 5/21/2024Page 18 of 18 powered by Legistar™654 City of Hermosa Beach Zoning and Subdivision Ordinance Update Draft ADMINISTRATIVE PROCEDURES May 2024 655 2 NOTE TO READER: • The code section numbers are intended to be placeholders. Renumbering will occur once the comprehensive Zoning Ordinance Update is completed. • This draft contains yellow text boxes to aid the reader's review and will not be apart of the final adopted draft. The text boxes identify notable changes, recently adopted language, and state laws. Table of Contents CHAPTER 17.01 INTRODUCTORY PROVISIONS ......................................................................... 4 CHAPTER 17.02 ZONING REVIEW AUTHORITIES ....................................................................... 7 CHAPTER 17.03 ADMINISTRATIVE PROCEDURES .................................................................... 10 CHAPTER 17.04 ZONING CLEARANCE ................................................................................... 22 CHAPTER 17.05 ADMINISTRATIVE PERMIT .............................................................................. 23 CHAPTER 17.06 TEMPORARY USE PERMITS ............................................................................. 26 CHAPTER 17.07 HOUSING ACCESSIBILITY - REASONABLE ACCOMMODATION FOR DISABILITY ............................................................................................................................... 28 CHAPTER 17.08 MINOR EXCEPTIONS ..................................................................................... 32 CHAPTER 17.09 MINOR USE PERMITS...................................................................................... 34 CHAPTER 17.10 CONDITIONAL USE PERMITS ......................................................................... 36 CHAPTER 17.11 PARKING PLAN ............................................................................................. 40 CHAPTER 17.12 PRECISE DEVELOPMENT PLANS..................................................................... 42 CHAPTER 17.13 VARIANCES ................................................................................................... 44 656 3 CHAPTER 17.14 DEVELOPMENT AGREEMENTS ....................................................................... 46 CHAPTER 17.15 SPECIFIC PLANS ............................................................................................ 48 CHAPTER 17.16 ZONING AMENDMENTS ................................................................................ 50 CHAPTER 17.17 GENERAL PLAN AMENDMENT ....................................................................... 52 CHAPTER 17.18 COASTAL CLEARANCE ................................................................................. 54 CHAPTER 17.19 DEFINITIONS .................................................................................................. 55 657 4 Chapter 17.01 Introductory Provisions 17.01.010 Title Title 17 of the Hermosa Beach Municipal Code shall be known and cited as the “Hermosa Beach Zoning Ordinance”, “Zoning Ordinance of the City of Hermosa Beach”, or “Zoning Ordinance”. 17.01.020 Purpose The purpose of the Zoning Ordinance is to implement the City’s General Plan and to protect and promote the public health, safety, peace, comfort, convenience, prosperity, and general welfare. More specifically, the Zoning Ordinance is adopted to achieve the following objectives: A. Provide standards for the orderly growth and development of the City, and guide and control the use of land to provide a safe, harmonious, attractive, and sustainable community. B. Achieve the arrangement of land uses depicted in the Hermosa Beach General Plan, consistent with the goals and policies of the General Plan. C. Enhance the appearance of the City and promote high-quality design. D. Preserve and enhance the quality of life and character of residential neighborhoods. E. Promote economic growth and the creation of jobs. F. Facilitate the appropriate location of community facilities, institutions, transportation, and parks and recreational areas. G. Allow for public participation in government decision-making regarding land use and development in a manner consistent with State law. H. Define duties and powers of administrative bodies and officers responsible for implementation of the Zoning Ordinance. 17.01.030 Authority The Hermosa Beach Zoning Ordinance is adopted pursuant to the authority contained in Section 65850 of the California Government Code. 17.01.040 Relationship to the General Plan This Zoning Ordinance implements the goals and policies of PLAN Hermosa, the Hermosa Beach General Plan, and Coastal Land Use Plan, by regulating the use of land and structures within the City. This Zoning Ordinance and the General Plan shall be consistent with one another. Any permit, license, or approval issued pursuant to this Zoning Ordinance must be consistent with the General Plan and all applicable specific plans. 17.01.050 Applicability 658 5 A. Applicability to Property. This Zoning Ordinance shall apply, to the extent permitted by law, to all property within the corporate limits of the City of Hermosa Beach and to property for which applications for development and/or subdivisions have been submitted to the City of Hermosa Beach, including all uses, structures, and land owned by any private person, firm, corporation or organization, or the City of Hermosa Beach or other local, State, or Federal agencies. Any governmental agency shall be exempt from the provisions of this Zoning Ordinance only to the extent that such property may not be lawfully regulated by the City. B. Minimum Requirements. The provisions of this Zoning Ordinance shall be minimum requirements for the promotion of the public health, safety, and general welfare. Where this Zoning Ordinance provides for more discretion on the part of a City official or body, that discretion may be exercised to impose more stringent requirements than set forth in this Zoning Ordinance as may be necessary to promote orderly land use development and the purposes of this Zoning Ordinance. C. Compliance with Regulations. No land shall be used, and no structure shall be constructed, occupied, enlarged, altered, demolished, or moved in any zone, except in accordance with the provisions of this Zoning Ordinance, including the development and performance standards herein, and any permit issued pursuant hereto. The temporary or transitory nature of a use does not exempt it from this requirement. D. Conflicting Regulations. The regulations of this Zoning Ordinance and requirements or conditions imposed pursuant to this Zoning Ordinance shall not supersede any other regulations or requirements adopted or imposed by the Hermosa Beach City Council, the State of California, or any Federal agency that has jurisdiction by law over uses and development authorized by this Zoning Ordinance. All uses and development authorized by this Zoning Ordinance shall comply with all other such regulations and requirements. Where conflict occurs between the provisions of the Zoning Ordinance and any other City ordinance, chapter, resolution, guideline, or regulation, the more restrictive provisions shall control, unless otherwise legally required. E. Private Agreements. This Zoning Ordinance shall not interfere with or annul any recorded easement, covenant, or other agreement now in effect, provided that where this Zoning Ordinance imposes a greater restriction than imposed by an easement, covenant, or agreement, this Zoning Ordinance shall control. The City of Hermosa Beach shall not be responsible for monitoring or enforcing private agreements. F. Prior Ordinance. The provisions of this Zoning Ordinance supersede all prior ordinances codified in Title 17 of the Hermosa Beach Municipal Code and any amendments. No provisions of this Zoning Ordinance shall validate any land use or structure established, constructed, or maintained in violation of the prior Zoning Ordinance, unless such validation is specifically authorized by this Zoning Ordinance and is in conformance with all other regulations. 659 6 G. Effect on Previously Approved Projects and Projects in Progress. 1. Building Permit. Any building or structure for which a Building Permit has been issued may be completed and used in accordance with the plans, specifications, and permits on which said Building Permit was granted, provided at least one inspection has been requested and posted for the primary structure on the site where the permit is issued and provided construction is diligently pursued and completed within six months of permit issuance. No extensions of time except as provided for in the Building Code shall be granted for commencement of construction, unless the applicant has secured an allowed permit extension from the Community Development Department. 2. Previously Approved Land Use Authorization. This Zoning Ordinance shall not interfere with, repeal, abrogate, or annul any previously granted land use authorization. All allowances, requirements, and conditions of approval of previous land use authorizations shall apply until the applicable review authority specifically repeals the allowance, requirement of this Title, or condition. 3. Land Use Authorization in Process. An application for a discretionary land use authorization that has been accepted by the Community Development Department as complete for processing prior to the adoption of this Zoning Ordinance or any applicable amendment shall be processed according to the requirements of this Zoning Ordinance or the prior Zoning Ordinance upon written request from the project applicant. The written request shall be made no later than 30 days after the effective date of this Zoning Ordinance and at least one action must be taken by the review authority within 210 days of the effective date of this Zoning Ordinance. H. Application During Local Emergency. The City Council may authorize a deviation from a provision of this Zoning Ordinance during a local emergency declared and ratified under the Hermosa Beach Municipal Code. The City Council may authorize a deviation by resolution without notice or public hearing. 17.01.060 Responsibility for Administration The Zoning Ordinance shall be administered by the Hermosa Beach City Council, Planning Commission, and Community Development Department as established in Chapter TBD, Planning Authorities. 17.01.070 Severability If any section, subsection, paragraph, sentence, clause, or phrase of this Zoning Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Zoning Ordinance. The Hermosa Beach City Council hereby declares that it would have passed this Zoning Ordinance, and each section, subsection, sentence, 660 7 clause, and phrase thereof, regardless of the fact that any or one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. 17.01.080 Fees The City Council shall establish by resolution, and may amend and revise from time to time, fees for processing the discretionary entitlement applications and other permits authorized or required by this Zoning Ordinance. All fees shall be paid at the time an application is filed, and no processing shall commence until the fees are paid in full. Chapter 17.02 Zoning Review Authorities 17.02.010 Purpose This Chapter lays out the basic roles, responsibilities, and functions of all planning authorities under this Title, including the City Council, Planning Commission, and Community Development Director (Director). 17.02.020 City Council The powers and responsibilities of the City Council include, but are not limited to the following: A. Consider and adopt, deny, or modify proposed General Plan Amendments, Local Coastal Program, Specific Plans, and environmental documents related to any of the foregoing, pursuant to Chapter TBD, Amendments. B. Consider and adopt, reject or modify proposed amendments to the Zoning Ordinance and Zoning Map and environmental documents related to any of the foregoing, pursuant to Chapter TBD, Amendments. C. Consider and adopt, reject, or modify Development Agreements, following a public hearing and recommended action by the Planning Commission, pursuant to Chapter TBD, Development Agreements. D. Hear and decide appeals from decisions of the Planning Commission pursuant to Section TBD, Appeals and Calls for Review. E. Establish, by resolution, a Master Fee Scheule charges, and deposits for various applications and services provided, pursuant to Title 2. 17.02.030 Planning Commission The powers and responsibilities of the Planning Commission include, but are not limited to the following: A. Annually review progress towards implementation of the General Plan and make recommendations to the City Council based on any new legislation, development trends, or changing economic, social, and environmental conditions. B. Approve, modify, or deny Precise Development Plans, Conditional Use Permits, Variances, and Certificates of Appropriateness. 661 8 C. Make recommendations to the City Council on Development Agreements. D. Make recommendations to City Council on proposed amendments to the General Plan, Specific Plan(s), Zoning Ordinance and Zoning Map and environmental documents related to any of the foregoing. E. Hear and decide appeals from decisions of the Community Development Director. F. Hear and decide proposals to revoke permits, pursuant to Section TBD, Revocation of Permits. G. Make environmental determinations on any approvals that are subject to environmental review under the California Environmental Quality Act, pursuant to State law. H. Such other powers and responsibilities as assigned or directed by the City Council. 17.02.040 Community Development Director The powers and responsibilities of the Community Development Director (“the Director”), or their designee, include, but are not limited to the following: A. Maintain and administer the Zoning Ordinance, including the processing of applications, abatements, and other enforcement actions. B. Assist in the use of the Zoning Ordinance for members of the public and other City departments. C. Review applications for permits and licenses for conformance with this Title and issue a Zoning Clearance when the proposed use, activity or building is allowed by right and conforms to all applicable development and use standards. D. Approve, modify, or deny Minor Use Permits, pursuant to Chapter TBD, Use Permits. E. Approve, modify, or deny Temporary Use Permits, pursuant to Chapter TBD, Temporary Use Permits. F. Approve, modify, or deny a modification, pursuant to Chapter TBD, Modifications. G. Approve, modify, or deny requests for Reasonable Accommodation for land use projects, pursuant to Chapter TBD, Reasonable Accommodation. H. Decide requests for Minor Revisions to Approved Permits, pursuant to Section TBD, Revisions to an Approved Permit. I. Refer items to the Planning Commission where, in the Director’s determination, the public interest would be better served by a Planning Commission public hearing and action. J. Oversee the preparation of environmental review for various entitlements and make environmental determinations for any discretionary review for which the Community Development Director is the review authority in accordance with the California Environmental Quality Act, pursuant to State law. K. Make recommendations to the Planning Commission and City Council on all applications, appeals, and other matters upon which they have the authority and the responsibility to act under this Title. 662 9 L. Investigate and report to the Planning Commission on permit violations when the City has initiated revocation procedures, pursuant to Section TBD, Revocation of Permits. M. Delegate administrative functions to members of the Community Development Department. N. Other duties and powers as may be assigned by the City Manager or may be established through legislation. 17.02.050 Review Authorities for Decisions and Appeals Summary of Review Authorities for Decisions and Appeals, summarizes the powers and duties that each review authority has under this Title. Where a project requires more than one type of application, all permit requests shall be reviewed and decided on by the highest review authority established for any of the applications. The Community Development Director may refer any item for which the Director makes a determination to the Planning Commission where, in the Director’s opinion, the public interest would be better served by a Planning Commission public hearing and action. SUMMARY OF REVIEW AUTHORITIES FOR DECISIONS AND APPEALS Decision Type  Advisory Body  Review Authority * Appeal Body  Public Notification Ministerial Action Zoning Clearance - Staff/Director N/A No Administrative Action Administrative Permit - Director Planning Commission No Temporary Use Permit Director Planning Commission No Reasonable Accommodation - Director Planning Commission No Minor Modification Director N/A No Quasi-Judicial Action Certificate of Appropriateness Director Planning Commission N/A Yes Conditional Use Permit - Planning Commission City Council Yes Minor Use Permit - Director Planning Commission Yes Variance - Planning Commission City Council Yes Minor Exception - Director Planning Commission Yes Parking Plan - Planning Commission City Council Yes Amendment to Planning Entitlement - Planning Commission City Council Yes 663 10 Time Extension Request by original Review Authority - Planning Commission City Council Yes Precise Development Plan - Planning Commission City Council Yes Determination of Legality of Nonconforming Residential Buildings - Planning Commission City Council Yes Zoning Interpretation - Director Planning Commission No Similar Use Determination - Director Planning Commission No Legislative Action General Plan Amendment Planning Commission City Council N/A Yes Specific Plan Amendment Planning Commission City Council N/A Yes Zoning Amendments Zone Text Amendment Planning Commission City Council N/A Yes Zone Change Planning Commission City Council N/A Yes Development Agreement Planning Commission City Council N/A Yes Historic Landmark Nomination Planning Commission City Council N/A Yes Chapter 17.03 Administrative Procedures 17.03.010 Purpose This Chapter establishes uniform procedures for the preparation, filing, and processing of any land use permits and approvals provided for in this Title, unless superseded by a specific requirement of this Title or State law. 17.03.020 Application Forms and Fees A. Applicant. The owner of property or the owner’s authorized agent. If the application is made by someone other than the owner or the owner’s agent, proof of the right to use and possess the property as applied for, satisfactory to the Community Development Director, shall accompany the application. B. Application Materials. 1. Application Forms. The Director shall prepare and issue application forms and lists that specify the information that will be required from applicants for projects subject to the provisions of this Title. The Director shall publish and make available a list of submittal requirements, including required application fees, on the City’s website and at the Community Development Department office. 664 11 2. Supporting Materials. The Director may require the submission of supporting materials as part of the application, including but not limited to: statements, photographs, plans, drawings, renderings, models, material samples, technical studies, and other items necessary to describe existing conditions and the proposed project and determine the level of environmental review pursuant to the California Environmental Quality Act (CEQA). 3. Availability of Materials. All submitted material becomes the property of the City, may be distributed to the public, and shall be made available for public inspection. At any time, upon reasonable request, and during normal business hours, any person may examine application materials in support of or in opposition at the Community Development Department office. Unless prohibited by law or superseded by specific permit confidentiality requirements, copies of application materials shall be made available. The City shall charge fees for copies in accordance with the fee resolution adopted by City Council. C. Multiple Applications. 1. Concurrent Filing. An applicant for a project which requires more than one permit (e.g., Conditional Use Permit, Variance, and Precise Development Plan, etc.), shall file all related applications concurrently, together with all application fees. The concurrent filing requirements may be reduced in in accordance with the fee resolution adopted by the City Council. 2. Concurrent Processing. Multiple permits for the same project shall be processed concurrently and shall be reviewed and decided on by the highest review authority designated for any of the applications, unless prohibited by State law. D. Application Fees. 1. Fee Schedule. The Council shall approve by resolution a Master Fee Schedule that establishes fees for permits, informational materials, penalties, copying, and other such items in accordance with Title 2. 2. Fee Payment. No application shall be deemed complete, and processing shall not commence on any application until all required fees or deposits have been paid. 3. Refund of Fees. Application fees are non-refundable regardless of the review authority's decision. Filing fees cover the costs incurred by the City for staff’s review of the application materials, preparation of required finings, notices, and postings. In the case of an application withdrawal prior to the public hearing notice, the Director, at the request of the applicant, may authorize a partial refund in accordance with department policy. 17.03.030 Review of Applications A. Initial Completeness Review. The Director shall determine whether an application is complete within 30 days of the date the application is filed and required fee received. Clarification added to concurrent is not permitted when in conflict with State law. 665 12 1. Incomplete Application. If an application is deemed incomplete, the Director shall provide written notification to the applicant listing the applications for permit(s), forms, information, and any additional fees that are necessary to complete the application and specify a time limit for submittal of the requested information. The time limit to submit additional information shall be at least 30 days. a. Zoning Ordinance Violations. An application shall not be found complete if conditions exist on the site in violation of this Title or any permit or other approval granted in compliance with this Title, unless the proposed project includes the correction of the violations or, in the sole discretion of the Director, the application is deemed complete notwithstanding the violation. b. Appeal of Determination. Determinations of incompleteness are subject to the provisions of Section TBD, Appeals and Calls for Review, except there shall be a final written determination on the appeal no later than 60 days after receipt of the appeal. The fact that an appeal is permitted to both the Planning Commission and the City Council does not extend the 60-day period. c. Expiration of Application. If an applicant fails to correct the specified deficiencies within the specific time limit pursuant to Section TBD, A.1, the application shall expire and be deemed withdrawn, unless an extension is granted by the Director. After the expiration of an application, review shall require the submittal of a new, complete application, along with all required fees. 2. Complete Application. When an application is deemed complete, the Director shall make a record of that date. If an application requires a public hearing, the Director shall schedule it and notify the applicant of the date and time, pursuant to Section TBD, Public Notice. B. Referral of Application. At the discretion of the Director, or where otherwise required by this Title, State or Federal law, any application filed in compliance with this Title may be referred to any City department, public agency, or interest group that may be affected by or have an interest in the proposed land use project. C. Extensions. The Director may, upon written request and for good cause, grant extensions of any time limit for review of applications imposed by this Title. 17.03.040 Environmental Review All discretionary projects shall be reviewed for compliance or exemption with the California Environmental Quality Act (CEQA). The designated planning authority for the entitlement shall be responsible for taking action on the corresponding exemption or environmental review. Environmental review will be conducted pursuant to Title 14 of the California Code of Regulations (CEQA Guidelines). If Title 14 of the California Code is amended, such amendments will govern City procedures. 17.03.050 Public Notice 666 13 Unless otherwise specified, whenever the provisions of this Title require public notice, the City shall provide notice as required by this section and by the California Government Code. A. Notification Method. Public Notice shall be provided a minimum of 10-days, but no more than 45-days, prior to the public hearing or to a Director’s decision. Permit Type Notice Type Notification Method Mailing Radius Website Site Posting Newspaper Minor Exception Notice of Pending Action ✓ Adjacent and Abutting* Properties ✓ None None Minor Use Permit Notice of Pending Action ✓ 100’ ✓ None None All Other Residential Projects Notice of Hearing ✓ 300’ ✓ ✓ ✓ Commercial Projects Notice of Hearing ✓ 500’ ✓ ✓ ✓ *Adjacent and Abutting properties include properties located across a street or alley. B. Mailed Notice. At least ten (10) days before the date of the public hearing or the date of action when no public hearing is required, the Director (or the City Clerk for City Council hearings) shall provide notice by First-Class mail delivery to the following: 1. The applicant, the owner, and any occupant of the subject property; 2. The occupants and tenants with the specific notification radius for the permit type or approval; 3. All neighborhood and community organizations that have previously filed a written request for notice of projects in the area where the site is located; 4. Any person or group who has filed a written request for notice regarding the specific application; Table has been expanded to include noticing for Minor Use Permits and summarize notification type and methods. 667 14 5. School districts and any other local agency expected to provide essential facilities or services to the property which is the subject of the application, whose ability to provide those facilities and services may be affected; and 6. Blind, Aged, and Disabled Communities. Whenever a hearing is held regarding a permit for a drive-through facility, or modification of an existing drive-through facility permit, notice procedures shall incorporate the blind, aged, and disabled communities in order to facilitate their participation. C. Alternative Method for Large Mailings. If the number of owners to whom notice would be mailed or delivered is greater than 1,000, instead of a mailed notice, notice may be provided by providing notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation in the City and posted in three public locations at least 10 days prior to the hearing or the date of action when a public hearing is required. D. Newspaper Notice. At least ten (10) days before the date of the public hearing or the date of action when no public hearing is required, the City shall publish a notice in at least one newspaper of general circulation in the City. E. Internet Notice. At least ten (10) days before the date of the public hearing or the date of action when no public hearing is required, the Director (or the City Clerk for City Council hearings) shall provide notice on the City’s website. F. Site Posting. At least ten (10) days before the date of the public hearing a minimum of one public notice shall be posted on the project site in a conspicuous place along the property frontage abutting the public-right-of way. G. Additional Notice. The Director may provide additional notice of the hearing in a manner deemed appropriate. H. Content of Public Notice. The notice shall include the following information: 1. The location of the real property, if any, that is the subject of the application; 2. Name of applicant. 3. A general description of the proposed project or action; 4. The City’s assigned file numbers to the application. 5. A statement indicating if the project is located within the Coastal Zone. 6. The date, time, location, and purpose of the public hearing or the date of action when no public hearing is required; 7. The identity of the review authority; 8. The names of the applicant and the owner of the property that is the subject of the application; 9. A statement indicating the level of environmental review, if any, is applicable to the project. The location and times of any environmental impact assessment prepared in connection with the application, may be viewed by the public; 10. A statement that any interested person or authorized agent may appear and be heard; 11. A statement describing how to submit written comments; and 12. For City Council hearings, the Planning Commission recommendation. Content reordered and expanded to include name of applicant and indication if the project is located within the Coastal Zone 668 15 I. Failure to Notify Individual Properties. The validity of the proceedings shall not be affected by the failure of any property owner, resident, or community organization to receive a mailed notice. 17.03.060 Conduct of Public Hearings Whenever the provisions of this Title require a public hearing, the hearing shall be conducted in compliance with the requirements of State law as follows. A. Generally. Hearings shall be conducted pursuant to procedures adopted by the hearing body. Hearings are not required to be conducted according to technical rules relating to evidence and witnesses. B. Scheduling. Hearings before the City Council shall be scheduled by the City Clerk. All other hearings shall be scheduled by the Director of Community Development. C. Public Hearing Testimony. Any person may appear at a public hearing and submit oral or written evidence, either individually or as a representative of a person or an organization. D. Time Limits. The City Council may establish time limits for individual testimony. E. Continuance of Public Hearing by the Planning Commission. The body conducting the public hearing may by motion continue the public hearing to a fixed date, time and place without additional hearing notice or may continue the item to an undetermined date and provide notice of the continued hearing. F. Decision. The public hearing shall be closed before a vote is taken. 17.03.070 Findings and Notice of Action When deciding to approve, approve with conditions, modify, revoke or deny any discretionary permit under this Title, the review authority shall issue a Notice of Action and make findings of fact as required by this Title. A. Findings. Findings, when required by State law or this Title, shall be based upon consideration of the application, plans, testimony, reports, and other materials that constitute the administrative record and shall be stated in writing in the resolution or record of the action on the permit. B. Date of Action. The review authority shall decide to approve, modify, revoke, or deny any discretionary permit following the close of the public hearing, or if no public hearing is required, within 30 days of the date the City has determined an application to be complete. C. Notice of Action. After the Director or Planning Commission takes any action to approve, modify, or deny an application that is subject to appeal under the terms of this Title, the Director shall issue a Notice of Action. The Notice shall describe the action taken, including any applicable conditions, and shall list the findings that were the basis for the decisions. 1. Council Report of Planning Commission Action. Pursuant to Section 2.52.040, City Council Review of Decisions of the Planning Commission, of the Hermosa Beach Municipal Code, all Planning Commission actions shall Section name update and reordered. 669 16 be placed as a report item on the City Council’s agenda at the next regular City Council meeting following the Commission’s action. 2. Director’s Action. The Director shall mail the Notice to the applicant and to any other person or entity that has filed a written request for such notification with the Community Development Department within the 10- day public notice of the decision being made. The notice shall include information regarding the appeals process. 17.03.080 Scope of Approval A. Scope. The scope of approvals includes only those uses and activities proposed in the application, excluding other uses and activities. Unless otherwise specified, the approval of a new use shall terminate all rights and approvals for previous uses no longer occupying the same site or location. B. Conditions. The site plan, floor plans, building elevations, and/or any additional information or representation, whether oral or written, indicating the proposed structure or manner of operation submitted with an application or submitted during the approval process shall be deemed conditions of approval. Any approval may be subject to requirements that the applicant guarantees, warranties, or ensures compliance with submitted plans and conditions in all respects. C. Actions Voiding Approval. If the construction of a building or structure or the use established is contrary to the description or illustration in the application, to either violate any provision of this Title or require additional permits, then the approval shall be deemed null and void. D. Periodic Review. All approvals may be subject to periodic review to determine compliance with the permit and applicable conditions. If a condition specifies that activities or uses allowed under the permit are subject to periodic reporting, monitoring, or assessments, it shall be the responsibility of the permit holder, the property owner, or successor property owners to comply with such conditions. 17.03.090 Effective Dates: Expiration and Extension A. Effective Dates. A decision shall be effective on the date of action except as provided below. No building permit or business license shall be issued until after the effective date. 1. Planning Commission Decisions. All Planning Commission actions shall become effective after the following, whichever is later: a. The next regular City Council meeting following the Planning Commission’s action unless the City Council initiates review pursuant to Section 2.52.040, City Council Review of Decisions of the Planning Commission, of the Hermosa Beach Municipal Code. b. After the expiration of the 15-day appeal period following the date of action, unless an appeal is filed pursuant to Section TBD, Appeals and Calls for Review. 670 17 2. Director Decisions Subject to Appeal. A Director’s decision on an application for any approval subject to appeal shall become effective after the expiration of the 15-day appeal period following the date of action, unless an appeal is filed pursuant to Section TBD, Appeals and Calls for Review. 3. Amendments to the Zoning Ordinance or Zoning Map. Amendments to the Zoning Ordinance or Zoning Map shall take effect 30 days after the second reading of the ordinance, unless adopted by urgency in accordance with applicable law. B. Expiration. The review authority, in the granting of any permit, may specify a time, consistent with the purposes of the use and necessary to safeguard the public safety, health and welfare, within which the proposed use must be undertaken and actively and continuously pursued. If no time period is specified, any permit granted under this Title shall automatically expire when no project or use has been exercised or extended within two years after the date of the approval, except as provided below. 1. Extension for Permit Where a Coastal Development Permit is Required. The time limits for any permit for development that also requires a Coastal Development Permit shall be automatically extended to be the same as the term of such Coastal Development Permit. 2. Extension for Permit Granted in Conjunction with Tentative Map. The time limits for any permit granted in conjunction with an approved tentative tract map shall be automatically extended to be the same as the term of such tentative Tract Map. 3. Extensions for Permits Associated with Development Agreements. The time limits for any permit granted in conjunction with a Development Agreement shall be extended to the same as the term of such Development Agreement. 4. Other Extensions. The approving body may approve a one-year extension of any permit or approval granted under this Title upon receipt of a written application with the required fee at least 30 days prior to the expiration date. C. Exercise of Permit. 1. Exercise of Planning Approval or Permit. An approval or permit for the use of a building or property is exercised when, if required, a valid City business license has been issued, and the permitted use has commenced on the site. 2. Exercise of Building Permit. A permit for the construction of a building or structure is exercised when a valid City building permit, if required, is issued, and construction has lawfully commenced. 17.03.100 Minor Modification No revision in the use or structure for which a permit or other approval has been issued is permitted unless the permit is revised as provided for in this Title. 671 18 A. Minor Modifications. The Community Development Director may approve minor revisions to approved plans and permits, excluding late-night establishments and outdoor uses when it can be found that the modification is consistent with the original application findings, environmental analysis, and conditions approved by the original Review Authority. The modifications may not substantially expand or intensify the use or approved floor area by an amount greater than ten percent or 1,500 square feet, whichever is less. 17.03.110 Revocation of Permits Any permit granted under this Title may be revoked or revised for cause if any of the conditions or terms of the permit are violated or if any law or ordinance is violated. A. Initiation of Proceeding. Revocation proceedings may be initiated by the City Council, Planning Commission, or Director. B. Public Notice, Hearings, and Action. After conducting a duly-noticed public hearing, the Planning Commission shall act on the proposed revocation, pursuant to Chapter TBD, Public Notice. C. Required Findings. The Planning Commission may revoke or modify the permit if it makes any of the following findings: 1. That the approval was obtained by fraud or material misrepresentation that vitiates one of the required findings of the permit; 2. That the use or activity for which such approval was granted has permanently ceased to exist as evidenced by demolition, alteration, subsequent use of the space, or similar conditions; 3. That the use or activity for which such approval was granted has been suspended or dormant for longer than 12 consecutive months, as demonstrated by any form of evidence or documentation. 4. That the permit or variance granted is being, or recently has been, exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation; 5. That the use for which the approval was granted was or is so exercised as to be detrimental to the public health or safety, or so as to constitute a nuisance; 6. That the circumstances under which the permit was granted have been changed by the owner or operator to such a degree that one or more of the findings contained in the permit is no longer valid and the public health, safety, and welfare merit revocation of the permit; or 7. That the conditions of approval are found to be inadequate to mitigate the impacts of the use allowed by the permit, and the public health, safety and welfare merit modification of the permit. 8. For a restaurant with on-sale alcoholic beverages, the business is not operating as a restaurant because the primary function of the operation is the sale or offering for sale of alcoholic beverages and not the sale or offering for sale of food. A food to alcohol sales ratio provides a Added 1,500 sq. ft. maximum allowed addition based on Planning Commission comments. 672 19 quantitative tool to help evaluate whether the business is operating as a restaurant whose primary function is the sale or offering for sale of food, as opposed to a business whose primary purpose is the sale of alcoholic beverages. For purposes of determining whether this finding can be made, an on-sale restaurant that maintains a minimum of 50 percent of the total gross sales, computed monthly, from the sale of prepared food is presumed to be a restaurant. An on-sale restaurant that does not meet these percentages has the burden of demonstrating that it operates as a restaurant, as that term is defined in Section TBD, Commercial Uses. Refusal to provide the information requested under this subsection within 60 days shall be deemed prima facie evidence that the business is not operating as a restaurant. D. Notice of Action. Following Planning Commission action to revoke or modify a permit, the Director shall issue a Notice of Action within five business days. The Notice shall describe the Commission’s action with its findings. The Director shall mail notice to the permit holder and to any person or entity who requested the revocation proceeding. 17.03.120 Appeals and Calls for Review A. City Council Calls for Review. Two members of the City Council may initiate review of all actions of the Planning Commission pursuant to Section 2.52.040, City Council Review of Decisions of the Planning Commission, of the Hermosa Beach Municipal Code. B. Appeals. 1. Applicability. Any action by the Director or Planning Commission in the administration or enforcement of the provisions of this Title may be appealed in accordance with this Section. a. Appeals of Director Decisions. Decisions of the Director may be appealed to the Planning Commission by filing a written appeal with the Community Development Department. The Planning Commission’s decision is final and may not be appealed to City Council. b. Appeals of Planning Commission Decisions. Decisions of the Planning Commission may be appealed to the City Council by filing a written appeal with the City Clerk. The City Council’s decision is final. c. Appeal of Planning Commission Recommendations. Recommendations of the Planning Commission may not be appealed. 2. Rights of Appeal. Appeals may be filed by the applicant, by the owner of property, or by any other person aggrieved by a decision that is subject to appeal under the provisions of this Ordinance. 3. Time Limits. Unless otherwise specified in State or Federal law, an aggrieved member of the public, including the applicant may file an appeal in writing 673 20 fifteen (15) calendar days following the date which the action was taken. However, the City Council may call up a Planning Commission decision within the 15-day period or at the next available City Council meeting, whichever time period is greater. In the event an appeal period ends on a Saturday, Sunday, or any other day the City is closed, the appeal period shall end at the close of business on the next consecutive business day. 4. Procedures. a. Filing. The appeal shall identify the decision being appealed and shall clearly and concisely state the reasons for the appeal. The appeal shall be accompanied by the required fee. b. Proceedings Stayed by Appeal. The timely filing of an appeal shall stay all proceedings in the matter appealed including, but not limited to, the issuance of City building permits and business licenses. c. Transmission of Record. The Director, or in the case of appeals to the City Council, City Clerk, shall schedule the appeal for consideration by the authorized hearing body within 60 days of the date that a complete appeal application is filed. The Director shall forward the appeal, the Notice of Action, and all other documents that constitute the record to the hearing body. The Director shall also prepare a staff report that responds to the issues raised by the appeal and may include a recommendation for action. 5. Standards of Review. When reviewing any decision on appeal, the appeal body shall use the same standards for decision-making required for the original decision. The appeal body may revise or adopt the same decision and findings as were originally approved; it also may request or require changes to the application as a condition of approval. 6. Public Notice and Hearing. Public notice shall be provided, and the hearing conducted by the applicable appeal body pursuant to Section TBD, Public Notice. Notice of the hearing shall also be given to the applicant and party filing the appeal and any other interested person who has filed with the City Clerk a written request for such notice. In the case of an appeal of a Planning Commission decision, notice of such appeal shall also be given to the Planning Commission. The Planning Commission may be represented at the hearing. 7. Action. An action to grant an appeal shall require a majority vote of the hearing body members. A tie vote shall have the effect of rejecting the appeal. 17.03.130 Zoning Determination and Similar Use Determinations Requests for determinations of this Title and verifications relating to prior approvals or permits may be made to the Director. Requests shall be in writing. 674 21 A. Zoning Determination. A request for an interpretation of the Zoning Ordinance may be made for provisions that are unclear. 1. Community Development Director Interpretations: a. Director’s Administrative Zoning Determination. As part of the director’s administrative authority, the Director may initiate a code interpretation whenever necessary to clarify a conflicting provision or procedure of the code. b. Director’s Formal Zoning Determination. The Director may respond to formal inquiries regarding code provisions. The interpretation shall be in writing and will be made available by the Community Development Department pursuant to this section. Formal Director’s Interpretations are binding and may be appealed. A fee for a formal interpretation shall be assessed in accordance with City’s Master Fee Schedule. 2. Procedures. The Community Development Director shall file a formal Zoning Determination with the Planning Commission within 60-days of the determination. Following the acceptance of the determination the Community Development Director shall: a. Publish the determination to the City’s website; and b. Update the Zone Code to reflect the determination within a reasonable timeframe. B. Similar Use Determination. A request for a Similar Use Determination may be made for a use not listed in the Zone. 1. Findings. The Community Development Director may find a use that is not listed in the zone is allowed provided the following findings can affirmatively be made: a. The characteristics of, and activities associated with, the proposed use are not more intense than those uses listed in the zoning district as allowable, and will not involve a greater level of activity, population density, intensity, traffic generation, parking, dust, odor, noise, or similar impacts than comparable uses in the zone; b. The proposed use will meet the purpose of the zone that is applied to the location of the use; c. The proposed use will be consistent with the goals, objectives, and policies of the General Plan, or any applicable Specific Plan; and d. The proposed use is not specifically prohibited. 2. Procedures. The Community Development Director shall file the use determination findings with the Planning Commission within 60-days of the determination. Following the acceptance of the determination the Community Development Director shall: a. Publish the determination to the city’s website; and b. Update the Zone Code to reflect the determination within a reasonable timeframe. This section clarifies the Director’s authority to: 1) administer the Zoning Ordinance; and 2) adds procedures and establish findings for Similar Use Determinations. 675 22 Chapter 17.04 Zoning Clearance 17.04.010 Purpose. The purpose of a Zoning Clearance is to ensure that a proposed use, structure, or matter requiring ministerial review complies with the standards, limitations, and other applicable regulations of the Title. 17.04.020 Applicability A Zoning Clearance is required for any proposed construction or the establishment of a use – as specified in the Title. 17.04.030 Review Authority The Community Development Director or their designee may grant a Zoning Clearance when required by this Title. 17.04.040 Procedures. A. Application. Applications for Zoning Clearance shall be filed with the Community Development Department on the prescribed application forms pursuant to Section TBD “Application Forms and Fees” and Section TBD "Review of Applications.” B. Report of Decision and Findings. Except as set forth below, the Community Development Director shall issue the Zoning Clearance no more than thirty (30) days following the filing of a complete application therefor. Approval will be based upon determining the request complies with the standards, limitations and other regulations in the governing section, which may include the imposition of conditions and limitations to ensure the permit is consistent with said requirements and protects the public health, safety and welfare; otherwise, the Director shall deny the application and provide the applicant a written statement of the reasons the permit cannot be issued. The applicant shall be advised in writing of the right to appeal the Director’s Decision pursuant to Section TBD, Appeals and Calls for Review. Notwithstanding above, permits for accessory dwelling units and or junior accessory dwelling units shall be decided within one hundred twenty (120) days of receipt of a complete application and subject to the provisions outlined in Chapter 17.21. 17.04.050 Appeals; Expiration, Extensions, and Revisions; Revocation A. Appeals. Ministerial or non-discretionary Zoning Clearances are not eligible for appeal, unless otherwise provided below or when required by state law 1. Accessory Dwelling Unit Permit pursuant to HBMC Section 17.21.050. Language was simplified for clarity. 676 23 B. Revocation. Any Zoning Clearance may be revoked by the Director or the review authority body for any of the following causes: 1. That any term or condition has not been complied with; a. That the property for which the Zoning Clearance was granted is used or maintained in violation of any statute, law, regulation, condition of approval or this Title; b. That the use for which the Zoning Clearance was granted has not operated for at least twelve (12) consecutive months, or has ceased to exist, or has been abandoned; c. That the use for which the Zoning Clearance was granted is deemed detrimental to the public health or safety or constitutes a nuisance. C. Expiration. A Zoning Clearance shall expire at the conclusion of the permitted use or activity, not to exceed one year from the effective date if no expiration or term is stated therein, and the property shall thereafter be used in compliance with the provisions of this Title and Code. Chapter 17.05 Administrative Permit 17.05.010 Purpose The purpose of an Administrative Permit is to ensure that a proposed use or matter for which an Administrative Permit is required complies with the standards, limitations and other regulations applicable to the subject use or matter. 17.05.020 Applicability Approval of an Administrative Permit is required for uses or developments specifically identified in any section of this Title. 17.05.030 Review Authority The Community Development Department may grant Administrative Permits for all such uses and matters required by this Title to be reviewed and allowed only upon the granting of an Administrative Permit. 17.05.040 Procedures A. Application Filing. Applications for Administrative Permits shall be filed with the Community Development Department on the prescribed application forms pursuant to Section TBD “Application Forms and Fees” and Section TBD Review of Applications. The application for an Administrative Permit shall include data or other evidence in support of the applicable findings required by Section TBD, Required Findings. B. Report of Decisions and Findings. Except as set forth below, the Community Development Director shall issue the Administrative Permit no more than thirty The administrative section (HBMC 17.55) was adopted by City Council in November 2023 as part of the Housing Element zone changes. As proposed, this section will be retitled to Zoning Clearance with no other substantive change. 677 24 (30) days following the filing of a complete application therefor. Approval will be based upon determining the request complies with the standards, limitations and other regulations in the governing section, which may include the imposition of conditions and limitations to ensure the permit is consistent with said requirements and protects the public health, safety and welfare; otherwise, the Director shall deny the application and provide the applicant a written statement of the reasons the permit cannot be issued. The applicant shall be advised in writing of the right to appeal the Director’s Decision pursuant to Section TBD, Appeals and Calls for Review. 17.05.050 Required Findings The Director or their designee must make all of the following findings to approve or conditionally approve an Administrative Permit application. The inability to make one or more of the findings is grounds for denial of an application. Written findings shall be prepared when a denial decision is rendered. A. The proposed use is allowed within the applicable zone with Administrative Permit approval, and complies with all other applicable provisions of this Zoning Ordinance and the Municipal Code; B. The proposed use is consistent with the General Plan and any applicable specific plan; C. The site is physically adequate for the type, density, and intensity (e.g., number of employees and customers) of use being proposed, including provision of services (e.g., sanitation and water), public access, and the absence of physical constraints; D. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on site and in the vicinity of the subject property; and E. The establishment, maintenance, or operation of the proposed use at the location proposed will not endanger, jeopardize, or otherwise constitute a menace to the public convenience, health, interest, safety, or the general welfare of persons residing or working in the vicinity of the proposed use. 17.05.060 Conditions of Approval The Community Development Director may impose reasonable conditions deemed necessary to ensure compliance with the findings for an Administrative Permit listed in Section TBD, Required Finding. 17.05.070 Appeals, Expiration, Revocation, etc. A. Effective Date – Appeals. Decisions of the Community Development Director may be appealed to the Planning Commission by filing an appeal within fifteen (15) days of the Director’s decision; provided, that upon affixing the signature of the applicant to an issued permit, the permit shall become effective and the right to appeal shall be waived. Appeals shall be filed in writing with the Community 678 25 Development Department accompanied by a fee set by resolution of the City Council. Notice of hearing shall be given to the applicant at least ten (10) days prior to the hearing, unless the applicant agrees to waive the requirement so that the matter may be heard at an earlier time. The Commission’s review shall be limited to a determination of whether the application complies with the requirements of the governing section. The filing of an appeal within such time shall stay the effective date of the decision until the Commission has acted on the appeal. The Commission’s decision shall be final and conclusive, unless the governing section specifically provides for a direct or subsequent appeal to the City Council. Appeals to the City Council shall be filed with the City Clerk accompanied by a fee set by resolution of the City Council. The filing of an appeal within ten (10) days shall stay the effective date of the decision until the council has acted on the appeal as hereinafter set forth in this Title. Upon receipt of a written appeal, the Planning Commission shall transmit to the Council the Planning Commission’s complete record of the case. notice of hearing shall be given to the applicant at least ten (10) days prior to the hearing, unless the applicant agrees to waive the requirement so that the matter may be heard at an earlier time. The Council shall hear the matter and render a determination as soon as reasonably practicable, but in no event later than sixty (60) days after an appeal has been filed unless requested by the applicant. The Council’s review shall be limited to a determination of whether the application complies with the requirements of the governing section. The council shall announce its findings within forty (40) calendar days of the hearing, unless good cause is found for an extension, and the decision shall be mailed to the applicant. The council’s decision shall be final and conclusive. B. Revocation. Any Administrative Permit may be revoked by the Director or the decision-making body for any of the following causes: 1. That any term or condition has not been complied with; 2. That the property for which the Administrative Permit has been granted is used or maintained in violation of any statute, law, regulation or condition of approval; 3. That the use for which the Administrative Permit was granted has not been exercised for at least twelve (12) consecutive months, or has ceased to exist, or has been abandoned; 4. The Administrative Permit has been issued for a short-term vacation rental, which has received three (3) affirmed violations of the ordinance codified in this section or any of the City’s quality of life ordinances, such as noise violations, disturbing the peace, or creating a public nuisance, within a 12- month period; or, 5. That the use for which the Administrative Permit was granted has been so exercised as to be detrimental to the public health or safety or so as to constitute a nuisance. 679 26 A hearing to show cause why the permit should not be revoked shall be held by the issuing body prior to the revocation of any administrative permit. Written notice shall be provided the permit holder at least ten (10) days prior to the hearing stating the reasons therefor. C. Expiration. An Administrative Permit shall expire at the conclusion of the permitted use or activity, not to exceed one year from the effective date if no expiration or term is stated therein, and the property shall thereafter be used in compliance with the provisions of this Title and Code. Chapter 17.06 Temporary Use Permits 17.06.010 Purpose This Chapter establishes a process for review and approval of uses that are intended to be of limited duration of time and will not permanently alter the character or physical facilities of the site where they occur. 17.06.020 Applicability Approval of a Temporary Use Permit is required for uses or developments specifically identified in any section of this Title which requires a Temporary Use Permit. 17.06.030 Review Authority The Community Development Director shall act as the review authority for Temporary Use Permits based on consideration of the requirements of this Chapter and Section TBD, Temporary Uses. 17.06.040 Procedures A. Application. An application for a Temporary Use Permit shall be submitted at least 30 days before the use is intended to begin with the Community Development Department on the prescribed application forms pursuant to Section TBD, Application Forms and Fees and Section TBD, Review of Applications. The application for a Temporary Use Permit shall include data or other evidence in support of the applicable findings required by Section TBD, Required Findings. B. Report of Decision and Findings. Except as set forth below, the Community Development Director shall issue the Temporary Use Permit no more than thirty (30) days following the filing of a complete application therefor. Approval will be based upon determining the request complies with the standards, limitations and other regulations in the governing section, which may include the imposition of conditions and limitations to ensure the permit is consistent with said requirements and protects the public health, safety and welfare; otherwise, the Director shall deny the application and provide the applicant a written statement of the reasons the permit cannot be issued. The applicant shall be advised in writing of 680 27 the right to appeal the Director’s decision pursuant to Section TBD, Appeals and Calls for Review. 17.06.050 Required Findings The Community Development Director must make both of the following findings to approve or conditionally approve a Temporary Use Permit application. The inability to make one or more of the findings is grounds for denial of an application. A. The proposed use will not unreasonably affect adjacent properties, their owners and occupants, or the surrounding neighborhood, and will not in any other way constitute a nuisance or be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the area of such use or to the general welfare of the City; and B. The proposed use will not unreasonably interfere with pedestrian or vehicular traffic or circulation in the area surrounding the proposed use and will not create a demand for additional parking that cannot be safely and efficiently accommodated by existing parking areas. 17.06.060 Conditions of Approval The Community Development Director may impose reasonable conditions deemed necessary to ensure compliance with the findings for a Temporary Use Permit listed in Section TBD, Required Findings, including the items below. A. Provision of a certificate of insurance acceptable to the City’s risk manager. B. Submission of a performance bond or other surety devices, if necessary, to ensure that any temporary facilities or structures used will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition, to the satisfaction of the Community Development Director. C. Prior to the event, the applicant shall provide a statement to the City stating that the organizers of the event agree to indemnify, hold harmless, and defend the City, its officers, agents and employees from any and all liability or claims that may be brought against the City arising out of its approval of the Temporary Use Permit, or arising out of the operation of the use or uses allowed under the permit, save and except that caused solely by the City’s active negligence. D. Each site occupied by a temporary use shall be cleaned of debris, litter, or other evidence of the temporary activity on completion or removal of the activity, and shall thereafter be used in compliance with the provisions of this Title. E. Other conditions determined by the Community Development Director to ensure the operation of the proposed temporary use in a compatible, efficient, harmonious, nuisance-free, orderly, and safe, manner, including, but not limited to the following: 1. Regulation of ingress, egress, and traffic circulation. 2. Regulation of fire protection and access for fire vehicles. 3. Regulation of lighting and signage. 4. Regulation of hours of operation, staffing, or other aspects of the use. 681 28 5. Provisions for sanitary facilities and waste collection and disposal. 6. Safety and security measures. 7. Measures for removal of the activity and site restoration, to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this Title. 17.06.070 Appeals, Expiration, Revocation, etc. A. Appeals. Temporary Use Permit decisions are subject to the appeal provisions of Section TBD, Appeals and Calls for Review. B. Expiration, Extensions and Revisions. Temporary Use Permit approval is effective and may only be extended or revised as provided for in Chapter TBD, Effective Dates: Expiration and Extension. C. Revocation. Temporary Use Permit approval may be revoked pursuant to Section TBD, Revocation, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated. Chapter 17.07 Housing Accessibility - Reasonable Accommodation for Disability 17.07.010 Purpose and Applicability. This section provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Fair Housing Laws in the application of zoning laws, building codes, and other land use regulations, policies and procedures. Fair Housing Laws means "Fair Housing Amendments Act of 1988" (42 U.S.C. Section 3601, et seq.), including reasonable accommodation required by 42 U.S.C. Section 3604(f)(3)(B), and the "California Fair Employment and Housing Act" (California Government Code Section 12900, et seq.), including reasonable accommodation required specifically by California Government Code Sections 12927(c)(1) and 12955(l), as any of these statutory provisions now exist or may be amended from time to time. A request for reasonable accommodation may be made by any person with a disability, his/her representative, or any business or property owner when the application of a zoning law, building code provision or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment, as those terms are defined in the Fair Housing Laws. This section was adopted by City Council in November 2023 as part of the Housing Element Zone Text changes. 682 29 A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for the siting, development and use of housing or housing related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. Requests for reasonable accommodation shall be made in the manner prescribed by this section. It is the intent of this section that, notwithstanding time limits provided to perform specific functions, application review, decision making and appeals proceed expeditiously, especially where the request is time sensitive, and so as to reduce impediments to equal access to housing. A. Application Submittal. Any person with a disability may request a reasonable accommodation on a form supplied by the community development department including the following information, accompanied by a fee established by resolution of the city council: 1. The applicant’s or representative’s name, mailing address and daytime phone number; 2. The address of the property for which the request is being made; 3. The specific code section, regulation, procedure or policy of the City from which relief is sought; 4. A site plan or illustrative drawing showing the proposed accommodation; 5. An explanation of why the specified code section, regulation, procedure or policy is preventing, or will prevent, the applicant’s use and enjoyment of the subject property; 6. The basis for the claim that the Fair Housing Laws apply to the individual(s) and evidence satisfactory to the City supporting the claim, which may include a letter from a medical doctor or other licensed health care professional, a disabled license, or any other appropriate evidence; 7. A detailed explanation of why the accommodation is reasonable and necessary to afford the applicant an equal opportunity to use and enjoy a dwelling in the City; 8. Verification by the applicant that the property is the primary residence of the person(s) for whom reasonable accommodation is requested; and 9. Any other information required to make the findings required by subsection (D) of this section consistent with the Fair Housing Laws. A request for reasonable accommodation may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect or negate an individual’s obligations to comply with other applicable regulations not at issue in the requested accommodation. If an individual needs assistance in making the request for reasonable accommodation, the City shall provide assistance to ensure that the process is accessible. 683 30 Should the request for reasonable accommodation be made concurrently with a discretionary permit, then the fee for a reasonable accommodation application may be waived provided that the prescribed fee shall be paid for all other discretionary permits. B. Reviewing Authority. 1. Applications for reasonable accommodation shall be reviewed by the Community Development Director or designee. C. Findings. The reviewing authority shall approve the request for a reasonable accommodation if, based upon all of the evidence presented, the following findings can be made: 1. The housing, which is the subject of the request for reasonable accommodation, will be occupied by an individual with disabilities protected under Fair Housing Laws; 2. The requested accommodation is reasonable and necessary to make housing available to an individual with disabilities protected under the Fair Housing Laws; 3. The requested accommodation will not impose an undue financial or administrative burden on the City, as defined in the Fair Housing Laws and interpretive case law; and 4. The requested accommodation will not require a fundamental alteration in the nature of the City’s zoning or building laws, policies and/or procedures, as defined in the Fair Housing Laws and interpretive case law. The City may consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of the City’s zoning or building program: a. Whether the requested accommodation would introduce uses not otherwise permitted in the neighborhood; and b. Whether granting the requested accommodation would substantially undermine any express purpose of either the City’s General Plan or an applicable Specific Plan. D. Decision. 1. The review authority shall consider an application and issue a written determination within forty (40) calendar days of the date of receipt of a completed application. 2. If necessary to reach a determination on any request for reasonable accommodation, the review authority may request further information from the applicant consistent with this section, specifying in detail what information is required. In the event a request for further information is made, the applicable time period to issue a written determination shall be stayed until the applicant reasonably responds to the request. 3. The review authority’s written decision shall set forth the findings, any conditions of approval, notice of the right to appeal, and the right to request reasonable accommodation on the appeals process, if necessary. The decision shall be mailed to the applicant. 4. The reasonable accommodation shall be subject to any reasonable conditions imposed on the approval that are consistent with the purposes of this section. 684 31 5. In making the approval findings in subsection (D) of this section, the review authority may approve alternative reasonable accommodations that provide an equivalent level of benefit to the applicant. 6. The written decision of the reviewing authority shall be final unless appealed in the manner set forth below. 7. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect. 8. Where the improvements or modifications approved through a reasonable accommodation would generally require a variance, a variance shall not be required. E. Appeals. 1. The decision on a reasonable accommodation may be appealed to the City Council within ten (10) calendar days of the issuance of a written decision. 2. The appeal shall be made in writing including a statement of the grounds for appeal and accompanied by a fee established by resolution of the City Council. 3. The City Council shall hear the matter and render a determination as soon as reasonably practicable, but in no event later than sixty (60) calendar days after an appeal has been filed. All determinations shall address and be based upon the same findings required to be made in the original determination from which the appeal is taken. 4. The City shall provide notice of an appeal hearing to the applicant. The Council shall announce its findings within forty (40) calendar days of the hearing, unless good cause is found for an extension, and the decision shall be mailed to the applicant. The council’s action shall be final. 5. If an individual needs assistance in filing an appeal on an adverse decision, the City shall provide assistance to ensure that the appeals process is accessible. F. Waiver of Time Periods. Notwithstanding any provisions in this section regarding the occurrence of any action within a specified period of time, the applicant may request additional time beyond that provided for in this section or may request a continuance regarding any decision or consideration by the City of a pending appeal. Extensions of time sought by applicants shall not be considered delay on the part of the City, shall not constitute failure by the City to provide for prompt decisions on applications and shall not be a violation of any required time period set forth in this section. G. Notice to the Public of Availability of Accommodation Process. The City shall prominently display in the public areas of the Community Development Department at City Hall a notice advising those with disabilities or their representatives that they may request a reasonable accommodation in accordance with the procedures established in this section. City employees shall direct individuals to the display whenever they are requested to do so or reasonably believe that individuals with disabilities or their representatives may be entitled to a reasonable accommodation. H. Expiration, Time Extension, Violation, Discontinuance, and Revocation. 685 32 1. Any reasonable accommodation approved in accordance with the terms of this section shall expire within twenty-four (24) months from the effective date of approval or at an alternative time specified as a condition of approval unless: a. A building permit has been issued and construction has commenced; b. A certificate of occupancy has been issued; c. The use is established; or d. A time extension has been granted. 2. The Community Development Director may approve a time extension for a reasonable accommodation for good cause for a period or periods not to exceed three (3) years. An application for a time extension shall be made in writing to the Community Development Department no less than thirty (30) days or more than ninety (90) days prior to the expiration date. 3. Notice of the Director’s Decision on a time extension shall be provided as specified in subsection (E)(3) of this section. 4. Any reasonable accommodation approved in accordance with the terms of this code may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in connection therewith. 5. An accommodation is granted to an individual and shall not run with the land unless the Director finds that the modification is physically integrated on the property and cannot feasibly be removed or altered. Any change in use or circumstances that negates the basis for the granting of the approval may render the reasonable accommodation null and void and/or revocable by the City, and thereafter the reasonable accommodation may be required to be removed or substantially conformed to the code if reasonably feasible. I. Amendments. A request for changes in conditions of approval of a reasonable accommodation, or a change to plans that would affect a condition of approval shall be treated as a new application and shall be processed in accordance with the requirements of this section. The Community Development Director may waive the requirement for a new application and approve the changes if the changes are minor, do not involve substantial alterations or addition to the plan or the conditions of approval, and are consistent with the intent of the original approval. Chapter 17.08 Minor Exceptions 17.08.010 Purpose The purpose of this Chapter is to establish a means of granting relief from locational, developmental, and operational standards where doing so would be consistent with this Title and the General Plan, and where it is not possible or practical to approve a Variance. 686 33 17.08.020 Applicability Section Reserved. 17.08.030 Review Authority Community Development Director. However, the Director may refer any application for a Minor Exception for a project that may generate substantial public controversy or involve significant land use policy decisions to the Planning Commission for decision. Concurrent Processing. If a request for a Minor Exception is being submitted in conjunction with an application for another approval, permit, or entitlement that requires Planning Commission action, it shall be heard and acted upon at the same time and in the same manner as that application. 17.08.040 Procedures A. Application. An application for a Minor Exception shall be filed to the Community Development Department on the prescribed application forms pursuant to Section TBD, Application Forms and Fees and Section TBD, Review of Applications. The application for a Minor Exception shall include data or other evidence in support of the applicable findings required by Section TBD, Required Findings. B. Public Notice. An application for a Minor Exception shall require a public notice prior to the Director's decision pursuant to Section, TBD Public Notice. C. Report of Decisions and Findings. Except as set forth below, the Community Development Director shall issue the Minor Exception no more than thirty (30) days following the filing of a complete application therefor. Approval will be based upon determining the request complies with the standards, limitations and other regulations in the governing section, which may include the imposition of conditions and limitations to ensure the permit is consistent with said requirements and protects the public health, safety and welfare; otherwise, the Director shall deny the application and provide the applicant a written statement of the reasons the permit cannot be issued. The applicant shall be advised in writing of the right to appeal the Director’s Decision pursuant to Section TBD, Appeals and Calls for Review. 17.08.050 Required Findings The Community Development Director must make all of the following findings to approve or conditionally approve a minor exception application. The inability to make one or more of the findings is grounds for denial of an application. 1. The requested minor exception is warranted by practical difficulties; 2. The requested minor exception is warranted by an unnecessary hardship; 3. The requested minor exception is necessary to avoid inconsistencies with the general intent of this Title; or 687 34 4. The requested minor exception for the same development standard has not been approved within the last 10 years. 17.08.060 Conditions of Approval In approving a Minor Exception, the review authority may impose reasonable conditions or restrictions and/or require reasonable guarantees and evidence that such conditions are being, or will be, complied with, to achieve the findings for a Minor Exception. 17.08.070 Appeals; Expiration, Extensions, and Revisions; Revocation A. Appeals. Minor Exception decisions are subject to the appeal provisions of Section TBD, Appeals and Calls for Review. B. Expiration, Extensions and Revisions. Minor Exception approval is effective and may only be extended or revised as provided for in Section TBD, Effective Dates: Expiration and Extension. C. Revocation. The Minor Exception approval may be revoked pursuant to Section TBD, Revocation, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated. Chapter 17.09 Minor Use Permits 17.09.010 Purpose The Minor Use Permit review and approval process is intended to apply to uses that are consistent with the with the goals, objectives, and policies of the General Plan and purposes of the zone where they are proposed but require special consideration to ensure that based on the specifics can be designed, located, and operated in a manner that will be compatible with the surrounding area and uses. 17.09.020 Applicability Approval of a Minor Use Permit is required for uses or developments specifically identified in any section of this Title which requires a Minor Use Permit. 17.09.030 Review Authority The Community Development Director or designee shall be the review authority for Minor Use Permits. However, the Director may refer any application for a Minor Use Permit for a project that may generate substantial public controversy or involve significant land use policy decisions to the Planning Commission for decision. In that case, the application shall be processed as a Conditional Use Permit. 17.09.040 Procedures A. Application. Applications for Minor Use Permits shall be filed with the Community Development Department on the prescribed application forms pursuant to 688 35 Section TBD, Application Forms and Fees and Section TBD, Review of Applications. The application for a Minor Use Permit shall include data or other evidence in support of the applicable findings required by Section TBD, Required Findings. B. Public Notice and Hearing. All applications for Minor Use Permits shall require a public notice prior to the Director or designee decision, pursuant to Section TBD, Public Notice. C. Report of Decisions and Findings. Except as set forth below, the Community Development Director shall issue the Minor Use Permit no more than thirty (30) days following the filing of a complete application therefor. Approval will be based upon determining the request complies with the standards, limitations and other regulations in the governing section, which may include the imposition of conditions and limitations to ensure the permit is consistent with said requirements and protects the public health, safety and welfare; otherwise, the Director shall deny the application and provide the applicant a written statement of the reasons the permit cannot be issued. The applicant shall be advised in writing of the right to appeal the Director’s decision pursuant to Section TBD, Appeals and Calls for Review. 17.09.050 Required Findings The Community Development Director or designee must make all of the following findings to approve or conditionally approve a Minor Use application. The inability to make one or more of the findings is grounds for denial of an application. A. The proposed use is allowed within the applicable zone and complies with all other applicable provisions of this Title and all other Titles of the Hermosa Beach Municipal Code;  B. The proposed use is consistent with the General Plan and any applicable specific plan;  C. The proposed use will not be averse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements;  D. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses and circulation in the vicinity; and  E. The site is physically suitable for the type of the use being proposed, including access, utilities, and the absence of physical constraints.  17.09.060 Conditions of Approval In approving a Minor Use Permit, the review authority may impose reasonable conditions or restrictions and/or require reasonable guarantees and evidence that such conditions are being, or will be, complied with, to achieve the following outcomes: A. Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the City Council; 689 36 B. Achieve the general purposes of this Title or the specific purpose of the zone in which the project is located; C. Achieve the findings for a Use Permit listed in Section TBD, Required Findings; or D. Mitigate any potentially significant impacts identified because of environmental review conducted in compliance with the California Environmental Quality Act. 17.09.070 Appeals; Expiration, Extensions, and Revisions; Revocation A. Appeals. Minor Use Permit decisions are subject to the appeal provisions of Section TBD, Appeals and Calls for Review. B. Expiration, Extensions and Revisions. Minor Use Permit approval is effective and may only be extended or revised as provided for in Section TBD, Effective Dates: Expiration and Extension. C. Reapplication Upon Denial. After the denial of a Minor Use Permit has become final, no further application for the same use shall be filed for the same property for the ensuing 12 months, unless the project is revised to resolve the review authority’s previous objections to the project. Said revision shall require a new application process and payment of fees. D. Revocation. Minor Use Permit approval may be revoked pursuant to Section TBD, Revocation, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated. Chapter 17.10 Conditional Use Permits 17.10.010 Purpose. The purpose of a Conditional Use Permit shall be to provide the individual review of certain uses, which due to the nature of the use, size, or intensity of the use require a Planning Commission review. 17.10.020 Applicability Approval of a Conditional Use Permit is required for uses or developments specifically identified in any section of this Title which requires a Conditional Use Permit. 17.10.030 Review Authority The Planning Commission may grant Conditional Use Permits to determine if the use proposed, or the location of that use, is compatible with the surrounding uses, or may be made compatible with the imposition of conditions of approval. 17.10.040 Procedures A. Application. Applications for Conditional Use Permits shall be filed with the Community Development Department on the prescribed application forms pursuant to Section TBD, Application Forms and Fees and Section TBD, Review of Applications. The application for a Conditional Use Permit shall include data or 690 37 other evidence in support of the applicable findings required by Section TBD, Required Findings. B. Public Notice. An application for a Conditional Use Permit shall require a public notice prior to the Planning Commission decision, pursuant to Section TBD, Public Notice. C. Public Hearing. An application for a Conditional Use Permit shall require a public hearing before the Planning Commission pursuant to Section TBD Conduct of Public Hearings. D. Report on Findings and Decision. Not more than twenty (20) days following the public hearing on a Conditional Use Permit, the Planning Commission shall announce its findings by formal report and said report shall recite, among other things, the facts and reasons which, in its opinion, make the granting or denial of the Conditional Use Permit and when granted, shall recite such conditions and limitations as it may impose. E. Report to be Numbered and Kept as Permanent Record. The formal report of the Planning Commission announcing its decision on a Conditional Use Permit shall be numbered consecutively in the order of filing and shall become a permanent record in the file of the Planning Commission. F. Notice of decision to applicant. Not later than ten days following the rendering of a decision ordering that a Conditional Use Permit be granted or denied, a copy of the report shall be mailed to the applicant and their attorney at the address shown on the application filed with the Planning Commission. G. Effective date – Time limitation for appeal. The order of the Planning Commission in granting or denying a Conditional Use Permit shall become final and effective ten days from the date of the succeeding City Council meeting at which it is determined whether or not to review the decision of the Planning Commission pursuant to Section 2.52.040 of this code until within such ten-day period an appeal in writing is filed with the Council by any person dissatisfied with the decision of the Planning Commission. The filing of such appeal within such time shall stay the effective date of the order of the Planning Commission until such time as the Council has acted on the appeal as hereinafter set forth in this Title. H. Transmission of Planning Commission’s record to City Council. Upon receipt of a written appeal filed with the City Clerk as provided herein, the Planning Commission shall thereupon transmit to the City Council the Planning Commission's complete record of the case. I. Council to hold public hearing on appeal. Not more than forty (40) calendar days following filing of a written appeal, the City Council shall conduct a duly advertised public hearing, public notice of which shall be given at least ten calendar days prior to said hearing in accordance with requirements established by resolution of the Council. 691 38 J. Council to announce findings and decision. City Council shall announce its findings and decision not more than sixty (60) days, following the close of the public hearing, unless good cause is shown for the extension of time and the applicant or opponent, or both, are notified of this extension and the reasons therefor. The findings and decision shall recite the facts and reasons which in the opinion of the City Council make the approval or denial of the conditional use permit necessary to carry out the general purpose of this Title, and shall order that the Conditional Use Permit be granted, denied or modified subject to such conditions or limitations that it may impose. City Council may incorporate by reference all or part of any findings of the commission. If the City Council does not announce its findings and decision, notice shall be given by mail to the applicant or opponent, or to both if they are different parties, of when the findings and decision will be made so that the applicant or opponent or both may be present at the meeting when said findings and decision are announced. K. Decision of the council shall be final. The action by the City Council on such matters shall be by a majority vote of the Council, and shall be final and conclusive except: 1. The City Council may approve, modify or disapprove the recommendation of the Planning Commission; provided, that any modification of a proposed Conditional Use Permit by the Council may be referred back to the Planning Commission for report and recommendation, and the Planning Commission shall not be required to hold a public hearing thereon. Failure of the planning commission to report to the city council within forty (40) days after the reference, or such longer period as may be designated by the city council, shall be deemed to be approval of the proposed modification. 2. Upon return of the matter to the City Council, the City Council may by majority vote, approve, modify or disapprove the final recommendation of the Planning Commission on such matters. L. Notice of Decision of the Council. Not later than thirty (30) days following the final decision of the City Council that a Conditional Use Permit be granted or denied, notice of such action shall be mailed to the applicant or opponent, or both if they be different parties, and one copy shall be attached to the Planning Commission's file of the case and said file returned to the Planning Commission for permanent filing. Failure to give notice shall not affect the decision rendered in these matters. 17.10.050 Scope of Conditional Use Permit Review A. Criteria for review. In reviewing any Conditional Use Permit for any use, the following criteria for granting said permit shall be considered: 1. Distance from existing residential uses; 692 39 2. The amount of existing or proposed off-street parking facilities, and its distance from the proposed use; 3. Location of and distance to churches, schools, hospitals and public playgrounds; 4. The combination of uses proposed; 5. Site specific operation and design features; 6. The relationship of the proposed business-generated traffic volume and the size of streets serving the area; 7. The proposed exterior signs and decor, and the compatibility thereof with existing establishments in the area; 8. The number of similar establishments or uses within close proximity to the proposed establishment; 9. Noise, odor, dust and/or vibration that may be generated by the proposed use; 10. Impact of the proposed use to the City’s infrastructure, and/or services; 11. Will the establishment contribute to a concentration of similar outlets in the area; 12. Other considerations that, in the judgment of the Planning Commission, are necessary to assure compatibility with the surrounding uses, and the as a whole. 17.10.060 Required findings. The Planning Commission must make all of the following findings to approve a Conditional Use Permit application. The inability to make one or more of the findings is grounds for denial of an application. A. The proposed use is allowed within the applicable zone and complies with all other applicable provisions of this Title and all other Titles of the Hermosa Beach Municipal Code; B. The proposed use is consistent with the General Plan and any applicable specific plan; C. The proposed use will not be averse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements; D. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses and circulation in the vicinity; and E. The site is physically suitable for the type of the use being proposed, including access, utilities, and the absence of physical constraints. 17.10.070 Appeals; Expiration, Extensions, and Revisions; Revocation A. Appeals. Conditional Use Permit decisions are subject to the appeal provisions of Section TBD, Appeals and Calls for Review. B. Expiration, Extensions and Revisions. Conditional Use Permit approval is effective and may only be extended or revised as provided for in Section TBD, Effective 693 40 Dates: Expiration and Extension or the following, whichever the strictest standards apply. 1. A Conditional Use Permit shall expire and become null and void, when any of the following apply: a. Permit Not Issued. If the Conditional Use Permit is not used within two (2) years after the granting of the Permit; provided that the Director may grant an extension of the Permit for an additional period as provided in this Title. b. Discontinuation of Use. If there is a discontinuation of the Conditional Use Permit after it has been effectuated for a period of 12 months or more the Permit shall be expired. The Community Development Director shall make a written determination of expiration based on evidence of abandonment including documentation of business closure including but not limited to inactive City business license issued in accordance with Title 5 of HBMC. C. Reapplication Upon Denial. After the denial of a Conditional Use Permit has become final, no further application for the same use shall be filed for the same property for the ensuing 12 months, unless the project is revised to resolve the review authority’s previous objections to the project. Said revision shall require a new application process and payment of fee D. Revocation. The Conditional Use Permit approval may be revoked pursuant to Section TBD, Revocation, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated. Chapter 17.11 Parking Plan 17.11.010 Purpose The purpose of this section is to allow for an alternative configuration of parking to wholly or partially satisfy the Off-Street Parking Chapter of Title 17. 17.11.020 Applicability Parking Plans may be requested by a property owner in accordance with the Off-Street Parking Chapter of Title 17. 17.11.030 Review Authority The Planning Commission shall act as the review authority for all Parking plans. 17.11.040 Procedures A. Application. Applications for Parking Plans shall be filed with the Community Development Department on the prescribed application forms pursuant to Section TBD, Application Forms and Fees and Section TBD, Review of Applications. 694 41 The application for a Parking Plan shall include data or other evidence in support of the applicable findings required by Section TBD, Required Findings. B. Public Notice. An application for a Parking Plan shall require a public notice prior to the Planning Commission decision, pursuant to Section TBD, Public Notice. C. Public Hearing. An application for a Parking Plan shall require a public hearing before the Planning Commission pursuant to Section TBD, “Conduct of Public Hearings”. 17.11.050 Required Findings The Planning Commission must make all of the following findings to approve or conditionally approve a Parking Plan application. The inability to make one or more the findings is ground for denial of an application. A. The Parking Plan conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the City Council; B. The Parking Plan is consistent with the purposes of this Title and the specific purpose of the Zone in which the project is located; C. The Parking Plan satisfies all the applicable criteria for the Parking Plan configuration requested in accordance with the Off-Street Parking Chapter of Title 17. D. The granting of the requested modification would not be detrimental to the public, health, safety or welfare of the public. 17.11.060 Conditions of Approval In approving a Parking Plan, the review authority may impose reasonable conditions or restrictions and/or require reasonable guarantees and evidence that such conditions are being, or will be, complied with, to achieve the following outcomes: A. Ensure that the proposal complies with the general purpose of Title 17 or the specific procedures of the zone in which the project is located; B. Achieve the findings for the Parking Plan listed in Section TBD, “Required Findings”. C. A covenant with the City a party thereto, may be required limiting the use of the property and/or designating the method by which the required parking will be provided at the time that the Planning Commission determines that inadequate parking exists. 17.11.070 Appeals; Expiration, Extensions, and Revisions; Revocation A. Appeals. Parking Plan decisions are subject to the appeal provisions of Section TBD, Appeals and Calls for Review. B. Expiration, Extensions and Revisions. Parking Plan approval is effective and may only be extended or revised as provided for in Chapter TBD, Effective Dates: Expiration and Extension. C. Reapplication Upon Denial. After the denial of a Parking Plan has become final, no further application for the same Parking Plan shall be filed for the same property for the ensuing six months, unless the project is revised to resolve the review 695 42 authority’s previous objections to the project. Said revision shall require a new application process and payment of fee D. Revocation. The Parking Plan approval may be revoked pursuant to Section TBD, Revocation, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated. Chapter 17.12 Precise Development Plans 17.12.010 Purpose This Chapter establishes Precise Development Plan procedures to ensure that new development supports the goals and objectives of the General Plan and other adopted plans and guidelines. The specific purposes of the Precise Development Plan process are to: A. Promote excellence in design, layout, and other physical features of development to achieve a reasonable level of quality, compatibility, in harmony with the community’s social, economic and environmental objectives; B. Ensure that new and altered development will be compatible with the existing and potential development of the surrounding area; and C. Supplement other City regulations and standards in order to ensure control of physical features of development that are not otherwise addressed. 17.12.020 Applicability Precise Development Plan is required for all projects that require a permit for new construction, reconstruction, rehabilitation, alteration, or other improvements to a structure, site, or a parking area except for: A. New construction or additions of less than 1,500 square foot addition any zone. B. Interior remodel of 3,000 square feet or less in any zone. C. Single Family (one unit) residential projects. D. New residential projects with two (2) or more dwelling units including a minimum of 20% lower-income units. E. Projects including minimum of 20% lower-income units that qualify for a density bonus pursuant to Section 17.42.100. 17.12.030 Review Authority The Planning Commission shall act as the review authority for all Precise Development Plans. 17.12.040 Procedures Items D and E are added exemptions to comply with HCD comments regarding the Housing Element related zoning text amendments. 696 43 A. Application. Applications for Precise Development Plan shall be filed with the Community Development Department on the forms prescribed application forms pursuant to Section TBD, Application Forms and Fees and Section TBD, Review of Applications. The application for a Precise Development Plan shall include data or other evidence in support of the applicable findings required by Section TBD, Required Findings. B. Public Notice. An application for a Precise Develop Plan shall require a public notice prior to the Planning Commission decision, pursuant to Section TBD, Public Notice. C. Reapplication Upon Denial. After the denial of a Parking Plan has become final, no further application for the same Parking Plan shall be filed for the same property for the ensuing 12 months, unless the project is revised to resolve the review authority’s previous objections to the project. Said revision shall require a new application process and payment of fee. D. Public Hearing. An application for a Precise Development Plan shall require a public hearing before the Planning Commission pursuant to Section TBD, Conduct of Public Hearings. 17.12.050 Scope of Precise Development Plan Review A. Precise Development Plan Review Considerations. Precise Development Plan review shall be based on consideration of the requirements of this Chapter as they apply to the design of the site plan, structures, landscaping, and other physical features of a proposed project, including: 1. Building proportions, massing, and architectural details; 2. Site design, orientation, location, and architectural design of buildings relative to existing structures on or adjacent to the property, topography, and other physical features of the natural and built environment; 3. Size, location, design, development, and arrangement of on-site parking and other paved areas; 4. Height, materials, and design of fences, walls, and screen plantings; 5. Location and type of landscaping including selection and size of plant materials, and design of hardscape; and 6. Size, location, design, color, lighting, and materials of all signs. 17.12.060 Required Findings The review authority must make all of the following findings to approve or conditionally approve a Precise Development Plan application. The inability to make one or more of the findings is grounds for denial of an application. A. The design, layout, and other physical features of the project complies with all other applicable provisions of this Title and all other Titles of the Hermosa Beach Municipal Code; 697 44 B. The design, layout, and other physical features of the project is consistent with the General Plan, and any applicable specific plan or design guidelines; C. The design, layout, and other physical features of the project complies with any design or development standards applicable to the zone or the use in question, unless waived or modified pursuant to the provisions of this Title; and D. The design, layout, and other physical features of the project are compatible with the desired form and character of the area, as established in the General Plan. 17.12.070 Conditions of Approval In approving a Precise Development Plan, the review authority may impose reasonable conditions or restrictions and/or require reasonable guarantees and evidence that such conditions are being, or will be, complied with, to achieve the following outcomes: A. Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the City Council; B. Achieve the general purposes of this Title or the specific purpose of the zone in which the project is located; C. Achieve the findings for a Precise Development Plan listed in Section TBD, Required Findings; and D. Mitigate any potentially significant impacts identified because of environmental review conducted in compliance with the California Environmental Quality Act. 17.12.080 Appeals; Expiration, Extensions, and Revisions; Revocation A. Appeals. Precise Development Plan decisions are subject to the appeal provisions of Section TBD, Appeals and Calls for Review. B. Expiration, Extensions and Revisions. Precise Development Plan approval is effective and may only be extended or revised as provided for in Section TBD, Effective Dates: Expiration and Extension. C. Reapplication Upon Denial. After the denial of a Precise Development Plan has become final, no further application for the same Parking Plan shall be filed for the same property for the ensuing six months, unless the project is revised to resolve the review authority’s previous objections to the project. Said revision shall require a new application process and payment of fee D. Revocation. Precise Development Plan approval may be revoked pursuant to Section TBD, Revocation, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated. Chapter 17.13 Variances 17.13.010 Purpose 698 45 This Chapter is intended to provide a mechanism for relief from the strict application of this Title where it would deprive the property owner of privileges enjoyed by similar properties because of the subject property’s unique and special conditions. 17.13.020 Applicability Variances may be granted to vary or modify dimensional and performance standards but may not be granted to allow uses or activities that this Title does not authorize for a specific lot or site. 17.13.030 Review Authority The Planning Commission shall act as the review authority for Variance applications based on consideration of the requirements of this Chapter. 17.13.040 Procedures A. Application. Applications for a Variance shall be filed with the Community Development Department on the prescribed application forms in accordance with the procedures in Section TBD, Application Forms and Fees and Section TBD, Review of Applications. The application for a Variance shall include data or other evidence in support of the applicable findings required by Section TBD, Required Findings. B. Public Notice. An application for a Variance shall require a public notice prior to the Planning Commission decision, pursuant to Section TBD, Public Notice. C. Public Hearing. An application for a Variance shall require a public hearing before the Planning Commission, pursuant to Section TBD, Conduct of Public Hearings. 17.13.050 Required Findings After conducting a public hearing, the Planning Commission must make all of the following findings in order to approve or conditionally approve a Variance application. The Commission shall deny an application for a Variance if it is unable to make any of the required findings, in which case it shall state the reasons for that determination. A. There are exceptional or extraordinary physical circumstances or conditions applicable to the property involved that do not apply generally to property in the vicinity and identical zone, and that the granting of a Variance will not constitute a granting of a special privilege inconsistent with the limitations on the property in the vicinity and identical zone; B. The granting of the Variance is necessary to prevent a physical hardship which is not of the applicant’s own actions or the actions of a predecessor in interest; C. The granting of the Variance will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare or convenience; and D. The granting of the Variance will be consistent with the general purposes and objectives of this Title, any applicable specific plans, and the General Plan. 17.13.060 Conditions of Approval 699 46 In approving a Variance, the review authority may impose reasonable conditions or restrictions and/or require reasonable guarantees and evidence that such conditions are being, or will be, complied with, to achieve the following outcomes: A. Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the City Council; B. Achieve the general purposes of this Title or the specific purposes of the zone in which the project is located; C. Achieve the findings for a Variance granted; or D. Mitigate any potentially significant impacts identified because of review conducted in compliance with the California Environmental Quality Act (CEQA). 17.13.070 Appeals; Expiration, Extensions, and Revisions; Revocation A. Appeals. Variance decisions are subject to the appeal provisions of Section TBD, Appeals and Calls for Review. B. Expiration, Extensions and Revisions. Variance approval is effective and may only be extended or revised as provided for in Chapter TBD, Effective Dates: Expiration and Extension. C. Reapplication Upon Denial. After the denial of a Variance has become final, no further application for the same Variance shall be filed for the same property for the ensuing 12 months, unless the project is revised to resolve the review authority’s previous objections to the project. Said revision shall require a new application process and payment of fee. D. Revocation. Variance approval may be revoked pursuant to Section TBD, Revocation, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated. Chapter 17.14 Development Agreements 17.14.010 Purpose This Chapter establishes procedures and requirements for considering and entering into a voluntary legally binding agreements, with applicants for development projects, as authorized in Government Code Sections 65864-65869.5. The development agreement is intended to provide assurance to the City that a proposed project will proceed to its completion in compliance with the plans submitted and provides assurance to the applicant that the project can proceed to its completion in accordance with the rules and regulations in effect at the time of project approval. 17.14.020 Applicability A voluntary agreement that may be initiated by a property owner for a complex or multi- phase development project that is consistent with the General Plan. 17.14.030 Review Authority 700 47 The Planning Commission shall act as the advisory body for all Development Agreements and provide its recommendation to the City Council. The City Council shall act as the review authority, and after receiving recommendations from the Planning Commission, may adopt, reject, or modify a Development Agreement. 17.14.040 Procedures A. Processing Proposed Development Agreements. A Development Agreement which may be proposed by the City or any person having a legal or equitable interest in real property shall be processed in the manner of a Zone Change as provided in Article 15 and shall conform to the requirements of Article 2.5 (commencing with Section 65864) Division 1, of the Government Code entitled "Development Agreements." B. Development Agreement Content All development agreements shall contain the following provisions: 1. Duration of the agreement; 2. Permitted uses for the subject property; 3. Density or intensity of the permitted uses; 4. Approved site plans, elevations, floor plans and sections, including the maximum height and size of proposed buildings; 5. Provisions, if any, for reservation or dedication of land for public purposes or other contribution to public improvements and amenities of benefit to the City; 6. Protection from either a future growth control ordinance or a future increase in development impact fees; 7. Provisions that address the applicable environmental review for the project; 8. Provisions requiring periodic review of the Development Agreement under Section; TBD 9. Provisions that would necessitate a reconsideration or amendment of the development agreement if any health and safety issues of compelling public necessity are discovered (i.e., a new environmental health hazard is discovered); 10. Provisions which are appropriate and acceptable to the City Attorney, that the developer shall commence construction or satisfy other requirements within a specified timeframe; and 11. Any other terms determined to be appropriate and necessary including provisions for payment to the City. C. Periodic Review Requirement. 1. The Planning Commission shall review the Development Agreement every 12 months, unless otherwise specified in the Development Agreement, after the approval of the agreement for the life of the project to determine whether the contracting party or the successor has complied in good faith with the terms and conditions of the Development Agreement. 2. The applicant shall initiate the review by filing a request for review along with the corresponding fee established by City Council within 60 days prior 701 48 to the anniversary of the date of approval. The applicant shall submit evidence demonstrating the applicant’s good-faith compliance with the Development Agreement. 3. If as a result of this review, the Planning Commission finds and determines time of annual review, on the basis of substantial evidence, that the contracting party or the successor in interest has not complied with, a report shall be made the City Council, and referred to the City Attorney’s office for action. 17.14.050 Required Findings The following findings shall be made before approval of a Development Agreement or amendment: A. The Development Agreement is in the best interests of the City, promoting the public interest and welfare through public benefits; and B. The Development Agreement is consistent with all applicable provisions of the General Plan, any applicable specific plan, and this Zoning Ordinance. 17.14.060 Appeals; Expiration, Extensions, and Revisions; Revocation A. Appeals. Development Agreements may not be appealed as the Planning Commission review authority is advisory. B. Expiration, Extensions and Revisions. A Development Agreement approval is effective and may only be extended or revised as provided for in Chapter TBD, Effective Dates: Expiration and Extension. C. Amendment or Cancellation Procedure. A Development Agreement may be amended or canceled, in whole or in part, by mutual consent of all parties to the agreement, or their successor-in-interest, in compliance with state law (Government Code Section 65868), or as set forth in the agreement. The requested amendment or cancellation shall be processed in the same manner specified by this chapter for the adoption of a development agreement. Chapter 17.15 Specific Plans 17.15.010 Purpose This Chapter establishes procedures for the consideration, adoption, and implementation of specific plans for the purpose of implementing PLAN Hermosa (“General Plan”) on an area-specific basis. 17.15.020 Applicability A. The procedures in this Chapter shall apply to all proposals to establish a Specific Plan Area, amend or a Specific Plan Area. When changes to the Zoning 702 49 Ordinance or zone or boundary line shown on the Zoning Map are required, a Zoning Amendment shall also be required. B. Initiation of Amendment. A Specific Plan or amendment to a Specific Plan may be initiated by an applicant or by a motion of the City Council or Planning Commission. 17.15.030 Review Authority The Planning Commission shall act as the advisory body for all proposed Specific Plans and Specific Plan Amendments. The Planning Commission shall provide recommendations to the City Council. The City Council shall act as the final review authority and upon receiving a recommendation from the Planning Commission, may adopt, reject, or modify a Specific Plan. 17.15.040 Procedures A. Application. Applications for Specific Plans shall be filed with the Community Development Department on the prescribed application forms pursuant to Section TBD “Application Forms and Fees” and Section TBD Review of Applications. The application for a Specific Plans shall include data or other evidence in support of the applicable findings required by Section TBD, Required Findings. B. Public Hearing and Notice. All Specific Plan and Specific Plan Amendments shall be referred to the Planning Commission, which shall conduct at least one public hearing on any proposed amendment prior to submitting a recommendation report to the City Council. At least ten (10) days before the date of any public hearing, the City shall provide notice as provided for in Section TBD, Public Notice. C. Planning Commission Hearing. Before submitting a recommendation to the City Council, the Planning Commission shall conduct at least one public hearing. D. Recommendation to City Council. Following the public hearing, the Planning Commission shall make a recommendation on the Specific Plan to the City Council. Such recommendation shall include the reasons for the recommendation, findings related to General Plan consistency, and a discussion of the relationship of the proposed amendment to other adopted documents. The recommendation shall be transmitted to the City Council with a copy of the approved minutes from the Planning Commission hearing. 1. Approval. If the Planning Commission has recommended approval of the proposed amendment, the City Council is required to take final action pursuant to Section TBD, City Council Hearing and Action. 2. Denial. If the Planning Commission has recommended against the proposed amendment, the City Council is not required to take any further action unless an appeal is filed in accordance with Section TBD, Appeals and Calls for Review. E. City Council Hearing and Action 1. City Council Hearing. After receiving the recommendation from the Planning Commission, the City Council shall hold a hearing in accordance 703 50 with Section TBD, Conduct of Public Hearings. The notice for the hearing shall include a summary of the Planning Commission recommendation. 2. City Council Action. After the conclusion of the hearing, the City Council may approve, modify, or deny the proposed Specific Plan or Specific Plan amendment. 17.15.050 Required Findings The following findings shall be made prior to approval of any specific plan or specific plan amendment: A. The specific plan or amendment is consistent with the goals, objectives, and policies of the General Plan; B. The specific plan or amendment will not create conditions materially detrimental to the public health, safety, and general welfare; C. The specific plan or amendment is compatible with zoning on adjacent properties, and ensures development of desirable character that will be harmonious with surrounding properties; D. The specific plan or amendment is suitable and appropriate for the location, access, and topography for the development of the subject property; Chapter 17.16 Zoning Amendments 17.16.010 Purpose This Chapter establishes procedures by which changes may be made to the text of this Zoning Ordinance and to the Zoning Map, whenever the public necessity, convenience, general welfare, or good practice justify such amendment, consistent with the General Plan. 17.16.020 Applicability A. The procedures in this Chapter shall apply to all proposals to change the text of this Zoning Ordinance or to revise a zone or boundary line shown on the Zoning Map. B. Initiation of Amendment. An amendment to the Zoning Ordinance or Zoning Map may be initiated by any applicant or by a motion of the City Council or Planning Commission. 17.16.030 Review Authority The Planning Commission shall act as the advisory body for all amendments to the Zoning Ordinance and Zoning Map and provide recommendations to the City Council. The City Council shall act as the final review authority and upon receiving a recommendation from the Planning Commission, may adopt, reject, or modify all zoning amendments. 17.16.040 Procedures 704 51 A. Application. Applications for Zoning Amendments shall be filed with the Community Development Department on the prescribed application forms pursuant to Section TBD, Application Forms and Fees and Section TBD, Review of Applications. The application for a Zoning Amendment shall include data or other evidence in support of the applicable findings required by Section TBD, Required Findings. B. Public Hearing and Notice. All amendments to the Zoning Ordinance and Zoning Map shall be referred to the Planning Commission, which shall conduct at least one public hearing on any proposed amendment prior to submitting a recommendation report to the City Council. At least 10 days before the date of any public hearing, the City shall provide notice as provided for in Section TBD, Public Notice. C. Planning Commission Hearing and Recommendation 1. Planning Commission Hearing. Before submitting a recommendation to the City Council, the Planning Commission shall conduct at least one public hearing. 2. Recommendation to City Council. Following the public hearing, the Planning Commission shall make a recommendation on the proposed amendment to the City Council. Such recommendation shall include the reasons for the recommendation, findings related to General Plan consistency, and a discussion of the relationship of the proposed amendment to other adopted documents. The recommendation shall be transmitted to the City Council with a copy of the approved minutes from the Planning Commission hearing. a. Approval. If the Planning Commission has recommended approval of the proposed amendment, the City Council is required to take final action pursuant to Section TBD, City Council Hearing and Action. b. Denial. If the Planning Commission has recommended against the proposed amendment, the City Council is not required to take any further action unless an appeal is filed in accordance with Section TBD, Appeals and Calls for Review. c. Reapplication Upon Denial. After the denial of a Zoning Amendment has become final, no further application for the same Zoning Amendment shall be filed for the same property for the ensuing 12 months, unless the project is revised to resolve the review authority’s previous objections to the project. Said revision shall require a new application process and payment of fee. D. City Council Hearing and Action 1. City Council Hearing. After receiving the recommendation from the Planning Commission, the City Council shall hold a hearing in accordance with Section TBD, Conduct of Public Hearings. The notice for the hearing shall include a summary of the Planning Commission recommendation. 705 52 2. City Council Action. After the conclusion of the hearing, the City Council may approve, modify, or deny the proposed amendment. If the Council proposes any substantial revision not previously considered by the Planning Commission during its hearings, the proposed revision shall first be referred to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing. The failure of the Planning Commission to report within 45 days after the referral shall be deemed a recommendation for approval and the amendment shall be returned to Council for adoption. 17.16.050 Required Findings The following findings shall be made prior to approval of any Zoning Amendment: A. The amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the City; B. The amendment is consistent with the intent of the vision, goals and objectives, and policies of PLAN Hermosa, the city’s general plan; and C. The amendment is consistent with the purpose of the Zoning Ordinance, Title 17. Chapter 17.17 General Plan Amendment 17.17.010 Purpose This chapter establishes procedures for making changes to the General Plan as provided for in State Law when there are necessary reasons to do so as a result of changes in conditions or circumstances unforeseen at the time of adoption or last amendment of the General Plan. These circumstances include, but are not limited to, changes in State or Federal law and problems and opportunities that were unanticipated at the time of adoption or last amendment. 17.17.020 Applicability The procedures in this Chapter shall apply to all proposals to change the text of the General Plan or to change a general plan designation or boundary line as shown on the General Plan Map. 17.17.030 Initiation of Amendment. An amendment to the General Plan or General Plan map may only be initiated at the direction of the City Council. The City Council is the final review authority for General Plan Amendments. 17.17.040 Review Authority The Planning Commission shall act as the advisory body for all amendments to City’s General Plan and General Plan Map and provide recommendations to the City Council. The City Council shall act as the final review authority and upon receiving a 706 53 recommendation from the Planning Commission, may adopt, reject, or modify all general plan or general plan map amendments. 17.17.050 Procedures A. Application. Applications for General Plan Amendment shall be filed with the Community Development Department on the prescribed application forms pursuant to Section TBD, Application Forms and Fees and Section TBD Review of Applications. The application for a General Plan Amendment shall include data or other evidence in support of the applicable findings required by Section TBD, Required Findings. B. Public Hearing and Notice. All amendments to the General Plan and General Plan Land Use Map shall be referred to the Planning Commission, which shall conduct at least one public hearing on any proposed amendment prior to submitting a recommendation report to the City Council. At least ten (10) days before the date of any public hearing, the City shall provide notice as provided for in Section TBD, Public Notice. C. Planning Commission Hearing and Recommendation. Before submitting a recommendation to the City Council, the Planning Commission shall conduct at least one public hearing. D. Recommendation to City Council. Following the public hearing, the Planning Commission shall make a recommendation on the proposed amendment to the City Council. Such recommendation shall include the reasons for the recommendation, findings related to General Plan consistency, and a discussion of the relationship of the proposed amendment to other adopted documents. The recommendation shall be transmitted to the City Council with a copy of the approved minutes from the Planning Commission hearing. 1. Approval. If the Planning Commission has recommended approval of the proposed amendment, the City Council is required to take final action pursuant to Section TBD, City Council Hearing and Action. 2. Denial. If the Planning Commission has recommended against the proposed amendment, the City Council is not required to take any further action unless an appeal is filed in accordance with Section TBD, Appeals and Calls for Review. E. City Council Hearing and Action. 1. City Council Hearing. After receiving the recommendation from the Planning Commission, the City Council shall hold a hearing in accordance with Section TBD, Conduct of Public Hearings. The notice for the hearing shall include a summary of the Planning Commission recommendation. 2. City Council Action. After the conclusion of the hearing, the City Council may approve, modify, or deny the proposed amendment. If the Council proposes any substantial revision not previously considered by the Planning Commission during its hearings, the proposed revision shall first be referred to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing. The 707 54 failure of the Planning Commission to report within 45 days after the referral shall be deemed a recommendation for approval and the amendment shall be returned to Council for adoption. 17.17.060 Required Findings A. The proposed amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the city, as specified under Government Code Section 65358(as); B. That adoption of the proposed General Plan amendment will not exceed the annual limit on amendments specified under Government Code Section 65358(b); and C. The amendment is consistent with the intent of the vision, goals and objectives, and policies of the General Plan and internally consistent. Chapter 17.18 Coastal Clearance 17.18.010 Purpose The purpose of this section is to ensure all public and private development in the Coastal Zone receives a clearance confirming the development conforms to all provisions of Title 16, Title 17, and any Land Use Plan or Coastal Development Permit. 17.18.020 Applicability This Section shall apply to all development in the Coastal Zone, as defined by the Coastal Act. 17.18.030 Review Authority A request for Coastal Clearance may be submitted with another application. The review authority shall be in accordance with the Section TBD, Review Authorities for Decisions and Appeals. 17.18.040 Procedure A. Application. Applications for a Coastal Clearance shall be filed with the Community Development Department on the prescribed application form in accordance with the procedures in Section TBD, Application Forms and Fees and Section TBD, Review of Applications. B. Conditions of Approval. Prior to permit issuance of any development within the Coastal Zone the applicant shall demonstrate an approval, wavier or exemption by the California Coastal Commission. Coastal Clearance is a new section intended to provide clarity on the current review process for development located in the Coastal Zone 708 55 C. Post-Approval. Before permit issuance, the Community Development Director or designee shall review the California Coastal Commission’s approval, waiver, or exemption for consistency with the Director’s approval in concept. Chapter 17.19 Definitions Aggrieved “Aggrieved person” any person who, in person or through a representative, appeared at a public hearing or responded to a public notice, in connection with a city decision or action, or who, by other appropriate means before a hearing, decision or action by the review authority made their concern known or who for good cause was unable to do either. New Definition 709 1 CITY OF HERMOSA BEACH PC RESOLUTION NO. 24-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA RECOMMENDING CITY COUNCIL APPROVE ZONE TEXT AMENDMENT (TA) 24-01 AND ORDINANCE TO AMEND TITLE 17 OF THE HERMOSA BEACH MUNICIPAL CODE (HBMC) PERTAINING TO ADMINISTRATIVE PROCEDURES, A PART OF THE COMPREHENSIVE ZONING CODE UPDATE. WHEREAS, the City Council adopted the City’s General Plan, PLAN Hermosa on August 22, 2017; and WHEREAS, pursuant to Government Code Section 65860, in the event that a zoning ordinance becomes inconsistent with a general plan by reason of amendment to the general plan, or to any element of the plan, the zoning ordinance shall be amended within a reasonable time so that it is consistent with the general plan, as amended; and WHEREAS, there is a need to comprehensively amend the Title 17 of the Hermosa Beach Municipal Code (Zoning Ordinance) to be consistent with PLAN Hermosa; and WHEREAS, the City initiated the Comprehensive Zoning Code Update in March 2020 by conducting a Zoning and Subdivision Ordinance Assessment; and WHEREAS, the City conducted study session and discussion meetings with the Planning Commission and Economic Development stakeholders on March 4, 2020, May 19, 2020, February 17, 2021, March 1, 2021, March 3, 2021, February 2, 2022, April 6, 2022, June 7, 2022, August 8, 2022, September 22, 2022, October 3,2022, November 2, 2022, March 19, 2024, and April 16, 2024; and WHEREAS, a portion of the recommended zoning changes identified in the Zoning and Subdivision Ordinance Assessment were included in Zoning Text Amendment 23-02, approved as a part of the Housing Element related zoning changes in Ordinance 23-1471; and WHEREAS, the Planning Commission held a duly noticed public hearing on May 21, 2024 to consider amending Title 17 of the Hermosa Beach Municipal Code (TA 24-01); and WHEREAS, the proposed zone text amendment is a project subject to the California Environmental Quality Act (CEQA) and qualifies for an exemption from 710 2 CEQA pursuant to Section 15061(b)(3) (Common Sense Exemption) of the State CEQA Guidelines (Chapter 3 of Division 6 of Title 14 of the California Code of Regulations). The activity is covered by the Common Sense Exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. There is no possibility that the proposed change to the zoning code may have a significant effect on the environment, therefore the activity is not subject to CEQA. No special circumstances exist that the proposed change would create a significant adverse effect on the environment (i.e. no sensitive species or habitats, no hazardous sites, no scenic highways, no historic resources, etc.). THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission of the City of Hermosa Beach hereby recommends City Council adopt Ordinance 24-XX approving Zone Text Amendment 24-01, as included in Exhibit A. VOTE: AYES: NOES: ABSTAIN: ABSENT: CERTIFICATION I hereby certify the foregoing Planning Commission Resolution 24-XX is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California at its regular meeting of May 21, 2024. ________________________________ ________________________________ Peter Hoffman Carrie Tai Chair Secretary ________________________________ Date 711 3 Exhibit A to Resolution 24-___ Draft Ordinance with Zoning Ordinance Amendments (follows this page) 712 4 CITY OF HERMOSA BEACH ORDINANCE NO. 24-XX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND PORTIONS OF TITLE 17 OF THE HERMOSA BEACH MUNICIPAL CODE PERTAINING TO ADMINISTRATIVE PROCEDURES, PART OF THE COMPREHENSIVE ZONING CODE UPDATE, AND DETERMINE THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The following Chapters and Sections of Title 17 (Zoning) of the Hermosa Beach Municipal Code are hereby deleted: 1. Chapter 17.02 Declaration of Purpose 2. Section 17.26.040 Similar Use Permitted 3. Section 17.42.120 Housing accessibility – Reasonable accommodation for disability 4. Chapter 17.54 Variances 5. Chapter 17.55 Administrative Permits 6. Chapter 17.56 Conditional use Permits 7. Chapter 17.58 Precise Development Plans 8. Chapter 17.62 Planning Commission Authority – Building Code 9. Chapter 17.64 Development Agreements 10. Chapter 17.66 Amendments 11. Chapter 17.68 Procedure, Hearings, Notices and Fees 12. Chapter 17.70 Revocation and Expiration SECTION 2. Section 17.04.040 (General definitions) of Chapter 17.04 (Definitions) of Title 17 (zoning) is amended to include the following definition in alphabetical order: Aggrieved “Aggrieved person” any person who, in person or through a representative, appeared at a public hearing or responded to a public notice, in connection with a city decision or action, or who, by other appropriate means before a hearing, decision or action by the review authority made their concern known or who for good cause was unable to do either. 713 5 SECTION 3. The following Chapters and Sections of Title 17 (Zoning) of the Hermosa Beach Municipal Code, referenced in “Exhibit A” are hereby added. SECTION 4. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remainder of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof is declared invalid or unconstitutional. SECTION 5. Effective Date. This Ordinance shall take effect nor sooner than thirty (30) days after to the certification of the City’s 2021-2029 Housing Element (6th Cycle) by the California Department of Housing and Community Development or the adoption of the residential and non-residential final zoning map changes to implement the City’s General Plan PLAN Hermosa, whichever is later. SECTION 6. Certification. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. PASSED, APPROVED and ADOPTED on this ________________ day of June, 2024. Justin Massey PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM: ________________________________ ________________________________ Myra Maravilla Patrick Donegan City Clerk City Attorney 714 6 Exhibit A to Ordinance 24-_____ Zoning Ordinance Amendments (follows this page) 715 7 Chapter 17.01 Introductory Provisions 17.01.010 Title Title 17 of the Hermosa Beach Municipal Code shall be known and cited as the “Hermosa Beach Zoning Ordinance”, “Zoning Ordinance of the City of Hermosa Beach”, or “Zoning Ordinance”. 17.01.020 Purpose The purpose of the Zoning Ordinance is to implement the City’s General Plan and to protect and promote the public health, safety, peace, comfort, convenience, prosperity, and general welfare. More specifically, the Zoning Ordinance is adopted to achieve the following objectives: A. Provide standards for the orderly growth and development of the City, and guide and control the use of land to provide a safe, harmonious, attractive, and sustainable community. B. Achieve the arrangement of land uses depicted in the Hermosa Beach General Plan, consistent with the goals and policies of the General Plan. C. Enhance the appearance of the City and promote high-quality design. D. Preserve and enhance the quality of life and character of residential neighborhoods. E. Promote economic growth and the creation of jobs. F. Facilitate the appropriate location of community facilities, institutions, transportation, and parks and recreational areas. G. Allow for public participation in government decision-making regarding land use and development in a manner consistent with State law. H. Define duties and powers of administrative bodies and officers responsible for implementation of the Zoning Ordinance. 17.01.030 Authority The Hermosa Beach Zoning Ordinance is adopted pursuant to the authority contained in Section 65850 of the California Government Code. 17.01.040 Relationship to the General Plan This Zoning Ordinance implements the goals and policies of PLAN Hermosa, the Hermosa Beach General Plan, and Coastal Land Use Plan, by regulating the use of land and structures within the City. This Zoning Ordinance and the General Plan shall be consistent with one another. Any permit, license, or approval issued pursuant to this Zoning Ordinance must be consistent with the General Plan and all applicable specific plans. 17.01.050 Applicability A. Applicability to Property. This Zoning Ordinance shall apply, to the extent permitted by law, to all property within the corporate limits of the City of Hermosa Beach and to property for which applications for development and/or subdivisions have been submitted to the City of Hermosa Beach, including all uses, structures, and land owned by any private person, firm, corporation or organization, or the City of Hermosa Beach or other local, State, or Federal agencies. Any governmental 716 8 agency shall be exempt from the provisions of this Zoning Ordinance only to the extent that such property may not be lawfully regulated by the City. B. Minimum Requirements. The provisions of this Zoning Ordinance shall be minimum requirements for the promotion of the public health, safety, and general welfare. Where this Zoning Ordinance provides for more discretion on the part of a City official or body, that discretion may be exercised to impose more stringent requirements than set forth in this Zoning Ordinance as may be necessary to promote orderly land use development and the purposes of this Zoning Ordinance. C. Compliance with Regulations. No land shall be used, and no structure shall be constructed, occupied, enlarged, altered, demolished, or moved in any zone, except in accordance with the provisions of this Zoning Ordinance, including the development and performance standards herein, and any permit issued pursuant hereto. The temporary or transitory nature of a use does not exempt it from this requirement. D. Conflicting Regulations. The regulations of this Zoning Ordinance and requirements or conditions imposed pursuant to this Zoning Ordinance shall not supersede any other regulations or requirements adopted or imposed by the Hermosa Beach City Council, the State of California, or any Federal agency that has jurisdiction by law over uses and development authorized by this Zoning Ordinance. All uses and development authorized by this Zoning Ordinance shall comply with all other such regulations and requirements. Where conflict occurs between the provisions of the Zoning Ordinance and any other City ordinance, chapter, resolution, guideline, or regulation, the more restrictive provisions shall control, unless otherwise legally required. E. Private Agreements. This Zoning Ordinance shall not interfere with or annul any recorded easement, covenant, or other agreement now in effect, provided that where this Zoning Ordinance imposes a greater restriction than imposed by an easement, covenant, or agreement, this Zoning Ordinance shall control. The City of Hermosa Beach shall not be responsible for monitoring or enforcing private agreements. F. Prior Ordinance. The provisions of this Zoning Ordinance supersede all prior ordinances codified in Title 17 of the Hermosa Beach Municipal Code and any amendments. No provisions of this Zoning Ordinance shall validate any land use or structure established, constructed, or maintained in violation of the prior Zoning Ordinance, unless such validation is specifically authorized by this Zoning Ordinance and is in conformance with all other regulations. G. Effect on Previously Approved Projects and Projects in Progress. 1. Building Permit. Any building or structure for which a Building Permit has been issued may be completed and used in accordance with the plans, specifications, and permits on which said Building Permit was granted, provided at least one inspection has been requested and posted for the primary structure on the site where the permit is issued and provided construction is diligently pursued and completed within six months of permit issuance. No extensions of time except as provided for in the Building Code shall be granted for commencement of construction, unless the applicant 717 9 has secured an allowed permit extension from the Community Development Department. 2. Previously Approved Land Use Authorization. This Zoning Ordinance shall not interfere with, repeal, abrogate, or annul any previously granted land use authorization. All allowances, requirements, and conditions of approval of previous land use authorizations shall apply until the applicable review authority specifically repeals the allowance, requirement of this Title, or condition. 3. Land Use Authorization in Process. An application for a discretionary land use authorization that has been accepted by the Community Development Department as complete for processing prior to the adoption of this Zoning Ordinance or any applicable amendment shall be processed according to the requirements of this Zoning Ordinance or the prior Zoning Ordinance upon written request from the project applicant. The written request shall be made no later than 30 days after the effective date of this Zoning Ordinance and at least one action must be taken by the review authority within 210 days of the effective date of this Zoning Ordinance. H. Application During Local Emergency. The City Council may authorize a deviation from a provision of this Zoning Ordinance during a local emergency declared and ratified under the Hermosa Beach Municipal Code. The City Council may authorize a deviation by resolution without notice or public hearing. 17.01.060 Responsibility for Administration The Zoning Ordinance shall be administered by the Hermosa Beach City Council, Planning Commission, and Community Development Department as established in Chapter TBD, Planning Authorities. 17.01.070 Severability If any section, subsection, paragraph, sentence, clause, or phrase of this Zoning Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Zoning Ordinance. The Hermosa Beach City Council hereby declares that it would have passed this Zoning Ordinance, and each section, subsection, sentence, clause, and phrase thereof, regardless of the fact that any or one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. 17.01.080 Fees The City Council shall establish by resolution, and may amend and revise from time to time, fees for processing the discretionary entitlement applications and other permits authorized or required by this Zoning Ordinance. All fees shall be paid at the time an application is filed, and no processing shall commence until the fees are paid in full. Chapter 17.02 Zoning Review Authorities 17.02.010 Purpose This Chapter lays out the basic roles, responsibilities, and functions of all planning authorities under this Title, including the City Council, Planning Commission, and Community 718 10 Development Director (Director). 17.02.020 City Council The powers and responsibilities of the City Council include, but are not limited to the following: A. Consider and adopt, deny, or modify proposed General Plan Amendments, Local Coastal Program, Specific Plans, and environmental documents related to any of the foregoing, pursuant to Chapter TBD, Amendments. B. Consider and adopt, reject or modify proposed amendments to the Zoning Ordinance and Zoning Map and environmental documents related to any of the foregoing, pursuant to Chapter TBD, Amendments. C. Consider and adopt, reject, or modify Development Agreements, following a public hearing and recommended action by the Planning Commission, pursuant to Chapter TBD, Development Agreements. D. Hear and decide appeals from decisions of the Planning Commission pursuant to Section TBD, Appeals and Calls for Review. E. Establish, by resolution, a Master Fee Scheule charges, and deposits for various applications and services provided, pursuant to Title 2. 17.02.030 Planning Commission The powers and responsibilities of the Planning Commission include, but are not limited to the following: A. Annually review progress towards implementation of the General Plan and make recommendations to the City Council based on any new legislation, development trends, or changing economic, social, and environmental conditions. B. Approve, modify, or deny Precise Development Plans, Conditional Use Permits, Variances, and Certificates of Appropriateness. C. Make recommendations to the City Council on Development Agreements. D. Make recommendations to City Council on proposed amendments to the General Plan, Specific Plan(s), Zoning Ordinance and Zoning Map and environmental documents related to any of the foregoing. E. Hear and decide appeals from decisions of the Community Development Director. F. Hear and decide proposals to revoke permits, pursuant to Section TBD, Revocation of Permits. G. Make environmental determinations on any approvals that are subject to environmental review under the California Environmental Quality Act, pursuant to State law. H. Such other powers and responsibilities as assigned or directed by the City Council. 17.02.040 Community Development Director The powers and responsibilities of the Community Development Director (“the Director”), or their designee, include, but are not limited to the following: A. Maintain and administer the Zoning Ordinance, including the processing of applications, abatements, and other enforcement actions. B. Assist in the use of the Zoning Ordinance for members of the public and other City departments. 719 11 C. Review applications for permits and licenses for conformance with this Title and issue a Zoning Clearance when the proposed use, activity or building is allowed by right and conforms to all applicable development and use standards. D. Approve, modify, or deny Minor Use Permits, pursuant to Chapter TBD, Use Permits. E. Approve, modify, or deny Temporary Use Permits, pursuant to Chapter TBD, Temporary Use Permits. F. Approve, modify, or deny a modification, pursuant to Chapter TBD, Modifications. G. Approve, modify, or deny requests for Reasonable Accommodation for land use projects, pursuant to Chapter TBD, Reasonable Accommodation. H. Decide requests for Minor Revisions to Approved Permits, pursuant to Section TBD, Revisions to an Approved Permit. I. Refer items to the Planning Commission where, in the Director’s determination, the public interest would be better served by a Planning Commission public hearing and action. J. Oversee the preparation of environmental review for various entitlements and make environmental determinations for any discretionary review for which the Community Development Director is the review authority in accordance with the California Environmental Quality Act, pursuant to State law. K. Make recommendations to the Planning Commission and City Council on all applications, appeals, and other matters upon which they have the authority and the responsibility to act under this Title. L. Investigate and report to the Planning Commission on permit violations when the City has initiated revocation procedures, pursuant to Section TBD, Revocation of Permits. M. Delegate administrative functions to members of the Community Development Department. N. Other duties and powers as may be assigned by the City Manager or may be established through legislation. 17.02.050 Review Authorities for Decisions and Appeals Summary of Review Authorities for Decisions and Appeals, summarizes the powers and duties that each review authority has under this Title. Where a project requires more than one type of application, all permit requests shall be reviewed and decided on by the highest review authority established for any of the applications. The Community Development Director may refer any item for which the Director makes a determination to the Planning Commission where, in the Director’s opinion, the public interest would be better served by a Planning Commission public hearing and action. SUMMARY OF REVIEW AUTHORITIES FOR DECISIONS AND APPEALS Decision Type  Advisory Body  Review Authority * Appeal Body  Public Notification Ministerial Action Zoning Clearance - Staff/Director N/A No Administrative Action 720 12 Administrative Permit - Director Planning Commission No Temporary Use Permit Director Planning Commission No Reasonable Accommodation - Director Planning Commission No Minor Modification Director N/A No Quasi-Judicial Action Certificate of Appropriateness Director Planning Commission N/A Yes Conditional Use Permit - Planning Commission City Council Yes Minor Use Permit - Director Planning Commission Yes Variance - Planning Commission City Council Yes Minor Exception - Director Planning Commission Yes Parking Plan - Planning Commission City Council Yes Amendment to Planning Entitlement - Planning Commission City Council Yes Time Extension Request by original Review Authority - Planning Commission City Council Yes Precise Development Plan - Planning Commission City Council Yes Determination of Legality of Nonconforming Residential Buildings - Planning Commission City Council Yes Zoning Interpretation - Director Planning Commission No Similar Use Determination - Director Planning Commission No Legislative Action General Plan Amendment Planning Commission City Council N/A Yes Specific Plan Amendment Planning Commission City Council N/A Yes Zoning Amendment s Zone Text Amendment Planning Commission City Council N/A Yes Zone Change Planning Commission City Council N/A Yes Development Agreement Planning Commission City Council N/A Yes Historic Landmark Nomination Planning Commission City Council N/A Yes 721 13 Chapter 17.03 Administrative Procedures 17.03.010 Purpose This Chapter establishes uniform procedures for the preparation, filing, and processing of any land use permits and approvals provided for in this Title, unless superseded by a specific requirement of this Title or State law. 17.03.020 Application Forms and Fees A. Applicant. The owner of property or the owner’s authorized agent. If the application is made by someone other than the owner or the owner’s agent, proof of the right to use and possess the property as applied for, satisfactory to the Community Development Director, shall accompany the application. B. Application Materials. 1. Application Forms. The Director shall prepare and issue application forms and lists that specify the information that will be required from applicants for projects subject to the provisions of this Title. The Director shall publish and make available a list of submittal requirements, including required application fees, on the City’s website and at the Community Development Department office. 2. Supporting Materials. The Director may require the submission of supporting materials as part of the application, including but not limited to: statements, photographs, plans, drawings, renderings, models, material samples, technical studies, and other items necessary to describe existing conditions and the proposed project and determine the level of environmental review pursuant to the California Environmental Quality Act (CEQA). 3. Availability of Materials. All submitted material becomes the property of the City, may be distributed to the public, and shall be made available for public inspection. At any time, upon reasonable request, and during normal business hours, any person may examine application materials in support of or in opposition at the Community Development Department office. Unless prohibited by law or superseded by specific permit confidentiality requirements, copies of application materials shall be made available. The City shall charge fees for copies in accordance with the fee resolution adopted by City Council. C. Multiple Applications. 1. Concurrent Filing. An applicant for a project which requires more than one permit (e.g., Conditional Use Permit, Variance, and Precise Development Plan, etc.), shall file all related applications concurrently, together with all application fees. The concurrent filing requirements may be reduced in in accordance with the fee resolution adopted by the City Council. 2. Concurrent Processing. Multiple permits for the same project shall be processed concurrently and shall be reviewed and decided on by the highest review authority designated for any of the applications, unless prohibited by State law. 722 14 D. Application Fees. 1. Fee Schedule. The Council shall approve by resolution a Master Fee Schedule that establishes fees for permits, informational materials, penalties, copying, and other such items in accordance with Title 2. 2. Fee Payment. No application shall be deemed complete, and processing shall not commence on any application until all required fees or deposits have been paid. 3. Refund of Fees. Application fees are non-refundable regardless of the review authority's decision. Filing fees cover the costs incurred by the City for staff’s review of the application materials, preparation of required finings, notices, and postings. In the case of an application withdrawal prior to the public hearing notice, the Director, at the request of the applicant, may authorize a partial refund in accordance with department policy. 17.03.030 Review of Applications A. Initial Completeness Review. The Director shall determine whether an application is complete within 30 days of the date the application is filed and required fee received. 1. Incomplete Application. If an application is deemed incomplete, the Director shall provide written notification to the applicant listing the applications for permit(s), forms, information, and any additional fees that are necessary to complete the application and specify a time limit for submittal of the requested information. The time limit to submit additional information shall be at least 30 days. a. Zoning Ordinance Violations. An application shall not be found complete if conditions exist on the site in violation of this Title or any permit or other approval granted in compliance with this Title, unless the proposed project includes the correction of the violations or, in the sole discretion of the Director, the application is deemed complete notwithstanding the violation. b. Appeal of Determination. Determinations of incompleteness are subject to the provisions of Section TBD, Appeals and Calls for Review, except there shall be a final written determination on the appeal no later than 60 days after receipt of the appeal. The fact that an appeal is permitted to both the Planning Commission and the City Council does not extend the 60-day period. c. Expiration of Application. If an applicant fails to correct the specified deficiencies within the specific time limit pursuant to Section TBD, A.1, the application shall expire and be deemed withdrawn, unless an extension is granted by the Director. After the expiration of an application, review shall require the submittal of a new, complete application, along with all required fees. 2. Complete Application. When an application is deemed complete, the Director shall make a record of that date. If an application requires a public hearing, the Director shall schedule it and notify the applicant of the date and time, pursuant to Section TBD, Public Notice. 723 15 B. Referral of Application. At the discretion of the Director, or where otherwise required by this Title, State or Federal law, any application filed in compliance with this Title may be referred to any City department, public agency, or interest group that may be affected by or have an interest in the proposed land use project. C. Extensions. The Director may, upon written request and for good cause, grant extensions of any time limit for review of applications imposed by this Title. 17.03.040 Environmental Review All discretionary projects shall be reviewed for compliance or exemption with the California Environmental Quality Act (CEQA). The designated planning authority for the entitlement shall be responsible for taking action on the corresponding exemption or environmental review. Environmental review will be conducted pursuant to Title 14 of the California Code of Regulations (CEQA Guidelines). If Title 14 of the California Code is amended, such amendments will govern City procedures. 17.03.050 Public Notice Unless otherwise specified, whenever the provisions of this Title require public notice, the City shall provide notice as required by this section and by the California Government Code. A. Notification Method. Public Notice shall be provided a minimum of 10-days, but no more than 45-days, prior to the public hearing or to a Director’s decision. Permit Type Notice Type Notification Method Mailing Radius Website Site Posting Newspaper Minor Exception Notice of Pending Action ü Adjacent and Abutting* Properties ü None None Minor Use Permit Notice of Pending Action ü 100’ ü None None All Other Residential Projects Notice of Hearing ü 300’ ü ü ü Commercial Projects Notice of Hearing ü 500’ ü ü ü *Adjacent and Abutting properties include properties located across a street or alley. 724 16 B. Mailed Notice. At least ten (10) days before the date of the public hearing or the date of action when no public hearing is required, the Director (or the City Clerk for City Council hearings) shall provide notice by First-Class mail delivery to the following: 1. The applicant, the owner, and any occupant of the subject property; 2. The occupants and tenants with the specific notification radius for the permit type or approval; 3. All neighborhood and community organizations that have previously filed a written request for notice of projects in the area where the site is located; 4. Any person or group who has filed a written request for notice regarding the specific application; 5. School districts and any other local agency expected to provide essential facilities or services to the property which is the subject of the application, whose ability to provide those facilities and services may be affected; and 6. Blind, Aged, and Disabled Communities. Whenever a hearing is held regarding a permit for a drive-through facility, or modification of an existing drive-through facility permit, notice procedures shall incorporate the blind, aged, and disabled communities in order to facilitate their participation. C. Alternative Method for Large Mailings. If the number of owners to whom notice would be mailed or delivered is greater than 1,000, instead of a mailed notice, notice may be provided by providing notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation in the City and posted in three public locations at least 10 days prior to the hearing or the date of action when a public hearing is required. D. Newspaper Notice. At least ten (10) days before the date of the public hearing or the date of action when no public hearing is required, the City shall publish a notice in at least one newspaper of general circulation in the City. E. Internet Notice. At least ten (10) days before the date of the public hearing or the date of action when no public hearing is required, the Director (or the City Clerk for City Council hearings) shall provide notice on the City’s website. F. Site Posting. At least ten (10) days before the date of the public hearing a minimum of one public notice shall be posted on the project site in a conspicuous place along the property frontage abutting the public-right-of way. G. Additional Notice. The Director may provide additional notice of the hearing in a manner deemed appropriate. H. Content of Public Notice. The notice shall include the following information: 1. The location of the real property, if any, that is the subject of the application; 2. Name of applicant. 3. A general description of the proposed project or action; 4. The City’s assigned file numbers to the application. 5. A statement indicating if the project is located within the Coastal Zone. 6. The date, time, location, and purpose of the public hearing or the date of action when no public hearing is required; 7. The identity of the review authority; 8. The names of the applicant and the owner of the property that is the subject of the application; 725 17 9. A statement indicating the level of environmental review, if any, is applicable to the project. The location and times of any environmental impact assessment prepared in connection with the application, may be viewed by the public; 10. A statement that any interested person or authorized agent may appear and be heard; 11. A statement describing how to submit written comments; and 12. For City Council hearings, the Planning Commission recommendation. I. Failure to Notify Individual Properties. The validity of the proceedings shall not be affected by the failure of any property owner, resident, or community organization to receive a mailed notice. 17.03.060 Conduct of Public Hearings Whenever the provisions of this Title require a public hearing, the hearing shall be conducted in compliance with the requirements of State law as follows. A. Generally. Hearings shall be conducted pursuant to procedures adopted by the hearing body. Hearings are not required to be conducted according to technical rules relating to evidence and witnesses. B. Scheduling. Hearings before the City Council shall be scheduled by the City Clerk. All other hearings shall be scheduled by the Director of Community Development. C. Public Hearing Testimony. Any person may appear at a public hearing and submit oral or written evidence, either individually or as a representative of a person or an organization. D. Time Limits. The City Council may establish time limits for individual testimony. E. Continuance of Public Hearing by the Planning Commission. The body conducting the public hearing may by motion continue the public hearing to a fixed date, time and place without additional hearing notice or may continue the item to an undetermined date and provide notice of the continued hearing. F. Decision. The public hearing shall be closed before a vote is taken. 17.03.070 Findings and Notice of Action When deciding to approve, approve with conditions, modify, revoke or deny any discretionary permit under this Title, the review authority shall issue a Notice of Action and make findings of fact as required by this Title. A. Findings. Findings, when required by State law or this Title, shall be based upon consideration of the application, plans, testimony, reports, and other materials that constitute the administrative record and shall be stated in writing in the resolution or record of the action on the permit. B. Date of Action. The review authority shall decide to approve, modify, revoke, or deny any discretionary permit following the close of the public hearing, or if no public hearing is required, within 30 days of the date the City has determined an application to be complete. C. Notice of Action. After the Director or Planning Commission takes any action to approve, modify, or deny an application that is subject to appeal under the terms of this Title, the Director shall issue a Notice of Action. The Notice shall describe the 726 18 action taken, including any applicable conditions, and shall list the findings that were the basis for the decisions. 1. Council Report of Planning Commission Action. Pursuant to Section 2.52.040, City Council Review of Decisions of the Planning Commission, of the Hermosa Beach Municipal Code, all Planning Commission actions shall be placed as a report item on the City Council’s agenda at the next regular City Council meeting following the Commission’s action. 2. Director’s Action. The Director shall mail the Notice to the applicant and to any other person or entity that has filed a written request for such notification with the Community Development Department within the 10-day public notice of the decision being made. The notice shall include information regarding the appeals process. 17.03.080 Scope of Approval A. Scope. The scope of approvals includes only those uses and activities proposed in the application, excluding other uses and activities. Unless otherwise specified, the approval of a new use shall terminate all rights and approvals for previous uses no longer occupying the same site or location. B. Conditions. The site plan, floor plans, building elevations, and/or any additional information or representation, whether oral or written, indicating the proposed structure or manner of operation submitted with an application or submitted during the approval process shall be deemed conditions of approval. Any approval may be subject to requirements that the applicant guarantees, warranties, or ensures compliance with submitted plans and conditions in all respects. C. Actions Voiding Approval. If the construction of a building or structure or the use established is contrary to the description or illustration in the application, to either violate any provision of this Title or require additional permits, then the approval shall be deemed null and void. D. Periodic Review. All approvals may be subject to periodic review to determine compliance with the permit and applicable conditions. If a condition specifies that activities or uses allowed under the permit are subject to periodic reporting, monitoring, or assessments, it shall be the responsibility of the permit holder, the property owner, or successor property owners to comply with such conditions. 17.03.090 Effective Dates: Expiration and Extension A. Effective Dates. A decision shall be effective on the date of action except as provided below. No building permit or business license shall be issued until after the effective date. 1. Planning Commission Decisions. All Planning Commission actions shall become effective after the following, whichever is later: a. The next regular City Council meeting following the Planning Commission’s action unless the City Council initiates review pursuant to Section 2.52.040, City Council Review of Decisions of the Planning Commission, of the Hermosa Beach Municipal Code. 727 19 b. After the expiration of the 15-day appeal period following the date of action, unless an appeal is filed pursuant to Section TBD, Appeals and Calls for Review. 2. Director Decisions Subject to Appeal. A Director’s decision on an application for any approval subject to appeal shall become effective after the expiration of the 15-day appeal period following the date of action, unless an appeal is filed pursuant to Section TBD, Appeals and Calls for Review. 3. Amendments to the Zoning Ordinance or Zoning Map. Amendments to the Zoning Ordinance or Zoning Map shall take effect 30 days after the second reading of the ordinance, unless adopted by urgency in accordance with applicable law. B. Expiration. The review authority, in the granting of any permit, may specify a time, consistent with the purposes of the use and necessary to safeguard the public safety, health and welfare, within which the proposed use must be undertaken and actively and continuously pursued. If no time period is specified, any permit granted under this Title shall automatically expire when no project or use has been exercised or extended within two years after the date of the approval, except as provided below. 1. Extension for Permit Where a Coastal Development Permit is Required. The time limits for any permit for development that also requires a Coastal Development Permit shall be automatically extended to be the same as the term of such Coastal Development Permit. 2. Extension for Permit Granted in Conjunction with Tentative Map. The time limits for any permit granted in conjunction with an approved tentative tract map shall be automatically extended to be the same as the term of such tentative Tract Map. 3. Extensions for Permits Associated with Development Agreements. The time limits for any permit granted in conjunction with a Development Agreement shall be extended to the same as the term of such Development Agreement. 4. Other Extensions. The approving body may approve a one-year extension of any permit or approval granted under this Title upon receipt of a written application with the required fee at least 30 days prior to the expiration date. C. Exercise of Permit. 1. Exercise of Planning Approval or Permit. An approval or permit for the use of a building or property is exercised when, if required, a valid City business license has been issued, and the permitted use has commenced on the site. 2. Exercise of Building Permit. A permit for the construction of a building or structure is exercised when a valid City building permit, if required, is issued, and construction has lawfully commenced. 17.03.100 Minor Modification No revision in the use or structure for which a permit or other approval has been issued is permitted unless the permit is revised as provided for in this Title. A. Minor Modifications. The Community Development Director may approve minor revisions to approved plans and permits, excluding late-night establishments and outdoor uses when it can be found that the modification is consistent with the 728 20 original application findings, environmental analysis, and conditions approved by the original Review Authority. The modifications may not substantially expand or intensify the use or approved floor area by an amount greater than ten percent or 1,500 square feet, whichever is less. 17.03.110 Revocation of Permits Any permit granted under this Title may be revoked or revised for cause if any of the conditions or terms of the permit are violated or if any law or ordinance is violated. A. Initiation of Proceeding. Revocation proceedings may be initiated by the City Council, Planning Commission, or Director. B. Public Notice, Hearings, and Action. After conducting a duly-noticed public hearing, the Planning Commission shall act on the proposed revocation, pursuant to Chapter TBD, Public Notice. C. Required Findings. The Planning Commission may revoke or modify the permit if it makes any of the following findings: 1. That the approval was obtained by fraud or material misrepresentation that vitiates one of the required findings of the permit; 2. That the use or activity for which such approval was granted has permanently ceased to exist as evidenced by demolition, alteration, subsequent use of the space, or similar conditions; 3. That the use or activity for which such approval was granted has been suspended or dormant for longer than 12 consecutive months, as demonstrated by any form of evidence or documentation. 4. That the permit or variance granted is being, or recently has been, exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation; 5. That the use for which the approval was granted was or is so exercised as to be detrimental to the public health or safety, or so as to constitute a nuisance; 6. That the circumstances under which the permit was granted have been changed by the owner or operator to such a degree that one or more of the findings contained in the permit is no longer valid and the public health, safety, and welfare merit revocation of the permit; or 7. That the conditions of approval are found to be inadequate to mitigate the impacts of the use allowed by the permit, and the public health, safety and welfare merit modification of the permit. 8. For a restaurant with on-sale alcoholic beverages, the business is not operating as a restaurant because the primary function of the operation is the sale or offering for sale of alcoholic beverages and not the sale or offering for sale of food. A food to alcohol sales ratio provides a quantitative tool to help evaluate whether the business is operating as a restaurant whose primary function is the sale or offering for sale of food, as opposed to a business whose primary purpose is the sale of alcoholic beverages. For purposes of determining whether this finding can be made, an on-sale restaurant that maintains a minimum of 50 percent of the total gross sales, computed monthly, from the sale of prepared food is presumed to be a restaurant. An on-sale restaurant that does not meet these percentages has 729 21 the burden of demonstrating that it operates as a restaurant, as that term is defined in Section TBD, Commercial Uses. Refusal to provide the information requested under this subsection within 60 days shall be deemed prima facie evidence that the business is not operating as a restaurant. D. Notice of Action. Following Planning Commission action to revoke or modify a permit, the Director shall issue a Notice of Action within five business days. The Notice shall describe the Commission’s action with its findings. The Director shall mail notice to the permit holder and to any person or entity who requested the revocation proceeding. 17.03.120 Appeals and Calls for Review A. City Council Calls for Review. Two members of the City Council may initiate review of all actions of the Planning Commission pursuant to Section 2.52.040, City Council Review of Decisions of the Planning Commission, of the Hermosa Beach Municipal Code. B. Appeals. 1. Applicability. Any action by the Director or Planning Commission in the administration or enforcement of the provisions of this Title may be appealed in accordance with this Section. a. Appeals of Director Decisions. Decisions of the Director may be appealed to the Planning Commission by filing a written appeal with the Community Development Department. The Planning Commission’s decision is final and may not be appealed to City Council. b. Appeals of Planning Commission Decisions. Decisions of the Planning Commission may be appealed to the City Council by filing a written appeal with the City Clerk. The City Council’s decision is final. c. Appeal of Planning Commission Recommendations. Recommendations of the Planning Commission may not be appealed. 2. Rights of Appeal. Appeals may be filed by the applicant, by the owner of property, or by any other person aggrieved by a decision that is subject to appeal under the provisions of this Ordinance. 3. Time Limits. Unless otherwise specified in State or Federal law, an aggrieved member of the public, including the applicant may file an appeal in writing fifteen (15) calendar days following the date which the action was taken. However, the City Council may call up a Planning Commission decision within the 15-day period or at the next available City Council meeting, whichever time period is greater. In the event an appeal period ends on a Saturday, Sunday, or any other day the City is closed, the appeal period shall end at the close of business on the next consecutive business day. 4. Procedures. a. Filing. The appeal shall identify the decision being appealed and shall clearly and concisely state the reasons for the appeal. The appeal shall be accompanied by the required fee. 730 22 b. Proceedings Stayed by Appeal. The timely filing of an appeal shall stay all proceedings in the matter appealed including, but not limited to, the issuance of City building permits and business licenses. c. Transmission of Record. The Director, or in the case of appeals to the City Council, City Clerk, shall schedule the appeal for consideration by the authorized hearing body within 60 days of the date that a complete appeal application is filed. The Director shall forward the appeal, the Notice of Action, and all other documents that constitute the record to the hearing body. The Director shall also prepare a staff report that responds to the issues raised by the appeal and may include a recommendation for action. 5. Standards of Review. When reviewing any decision on appeal, the appeal body shall use the same standards for decision-making required for the original decision. The appeal body may revise or adopt the same decision and findings as were originally approved; it also may request or require changes to the application as a condition of approval. 6. Public Notice and Hearing. Public notice shall be provided, and the hearing conducted by the applicable appeal body pursuant to Section TBD, Public Notice. Notice of the hearing shall also be given to the applicant and party filing the appeal and any other interested person who has filed with the City Clerk a written request for such notice. In the case of an appeal of a Planning Commission decision, notice of such appeal shall also be given to the Planning Commission. The Planning Commission may be represented at the hearing. 7. Action. An action to grant an appeal shall require a majority vote of the hearing body members. A tie vote shall have the effect of rejecting the appeal. 17.03.130 Zoning Determination and Similar Use Determinations Requests for determinations of this Title and verifications relating to prior approvals or permits may be made to the Director. Requests shall be in writing. A. Zoning Determination. A request for an interpretation of the Zoning Ordinance may be made for provisions that are unclear. 1. Community Development Director Interpretations: a. Director’s Administrative Zoning Determination. As part of the director’s administrative authority, the Director my initiate a code interpretation whenever necessary to clarify a conflicting provision or procedure of the code. b. Director’s Formal Zoning Determination. The Director may respond to formal inquiries regarding code provisions. The interpretation shall be in writing and will be made available by the Community Development Department pursuant to this section. Formal Director’s Interpretations are binding and may be appealed. A fee for a formal interpretation shall be assessed in accordance with City’s Master Fee Schedule. 731 23 2. Procedures. The Community Development Director shall file a formal Zoning Determination with the Planning Commission within 60-days of the determination. Following the acceptance of the determination the Community Development Director shall: a. Publish the determination to the City’s website; and b. Update the Zone Code to reflect the determination within a reasonable timeframe. B. Similar Use Determination. A request for a Similar Use Determination may be made for a use not listed in the Zone. 1. Findings. The Community Development Director may find a use that is not listed in the zone is allowed provided the following findings can affirmatively be made: a. The characteristics of, and activities associated with, the proposed use are not more intense than those uses listed in the zoning district as allowable, and will not involve a greater level of activity, population density, intensity, traffic generation, parking, dust, odor, noise, or similar impacts than comparable uses in the zone; b. The proposed use will meet the purpose of the zone that is applied to the location of the use; c. The proposed use will be consistent with the goals, objectives, and policies of the General Plan, or any applicable Specific Plan; and d. The proposed use is not specifically prohibited. 2. Procedures. The Community Development Director shall file the use determination findings with the Planning Commission within 60-days of the determination. Following the acceptance of the determination the Community Development Director shall: a. Publish the determination to the city’s website; and b. Update the Zone Code to reflect the determination within a reasonable timeframe. Chapter 17.04 Zoning Clearance 17.04.010 Purpose. The purpose of a Zoning Clearance is to ensure that a proposed use, structure, or matter requiring ministerial review complies with the standards, limitations, and other applicable regulations of the Title. 17.04.020 Applicability A Zoning Clearance is required for any proposed construction or the establishment of a use – as specified in the Title. 17.04.030 Review Authority The Community Development Director or their designee may grant a Zoning Clearance when required by this Title. 17.04.040 Procedures. 732 24 A. Application. Applications for Zoning Clearance shall be filed with the Community Development Department on the prescribed application forms pursuant to Section TBD “Application Forms and Fees” and Section TBD "Review of Applications.” B. Report of Decision and Findings. Except as set forth below, the Community Development Director shall issue the Zoning Clearance no more than thirty (30) days following the filing of a complete application therefor. Approval will be based upon determining the request complies with the standards, limitations and other regulations in the governing section, which may include the imposition of conditions and limitations to ensure the permit is consistent with said requirements and protects the public health, safety and welfare; otherwise, the Director shall deny the application and provide the applicant a written statement of the reasons the permit cannot be issued. The applicant shall be advised in writing of the right to appeal the Director’s Decision pursuant to Section TBD, Appeals and Calls for Review. Notwithstanding above, permits for accessory dwelling units and or junior accessory dwelling units shall be decided within one hundred twenty (120) days of receipt of a complete application and subject to the provisions outlined in Chapter 17.21. 17.04.050 Appeals; Expiration, Extensions, and Revisions; Revocation A. Appeals. Ministerial or non-discretionary Zoning Clearances are not eligible for appeal, unless otherwise provided below or when required by state law 1. Accessory Dwelling Unit Permit pursuant to HBMC Section 17.21.050. B. Revocation. Any Zoning Clearance may be revoked by the Director or the review authority body for any of the following causes: 1. That any term or condition has not been complied with; a. That the property for which the Zoning Clearance was granted is used or maintained in violation of any statute, law, regulation, condition of approval or this Title; b. That the use for which the Zoning Clearance was granted has not operated for at least twelve (12) consecutive months, or has ceased to exist, or has been abandoned; c. That the use for which the Zoning Clearance was granted is deemed detrimental to the public health or safety or constitutes a nuisance. C. Expiration. A Zoning Clearance shall expire at the conclusion of the permitted use or activity, not to exceed one year from the effective date if no expiration or term is stated therein, and the property shall thereafter be used in compliance with the provisions of this Title and Code. Chapter 17.05 Administrative Permit 17.05.010 Purpose The purpose of an Administrative Permit is to ensure that a proposed use or matter for which an Administrative Permit is required complies with the standards, limitations and other regulations applicable to the subject use or matter. 1 733 25 7.05.020 Applicability Approval of an Administrative Permit is required for uses or developments specifically identified in any section of this Title. 17.05.030 Review Authority The Community Development Department may grant Administrative Permits for all such uses and matters required by this Title to be reviewed and allowed only upon the granting of an Administrative Permit. 17.05.040 Procedures A. Application Filing. Applications for Administrative Permits shall be filed with the Community Development Department on the prescribed application forms pursuant to Section TBD “Application Forms and Fees” and Section TBD Review of Applications. The application for an Administrative Permit shall include data or other evidence in support of the applicable findings required by Section TBD, Required Findings. B. Report of Decisions and Findings. Except as set forth below, the Community Development Director shall issue the Administrative Permit no more than thirty (30) days following the filing of a complete application therefor. Approval will be based upon determining the request complies with the standards, limitations and other regulations in the governing section, which may include the imposition of conditions and limitations to ensure the permit is consistent with said requirements and protects the public health, safety and welfare; otherwise, the Director shall deny the application and provide the applicant a written statement of the reasons the permit cannot be issued. The applicant shall be advised in writing of the right to appeal the Director’s Decision pursuant to Section TBD, Appeals and Calls for Review. 17.05.050 Required Findings The Director or their designee must make all of the following findings to approve or conditionally approve an Administrative Permit application. The inability to make one or more of the findings is grounds for denial of an application. Written findings shall be prepared when a denial decision is rendered. A. The proposed use is allowed within the applicable zone with Administrative Permit approval, and complies with all other applicable provisions of this Zoning Ordinance and the Municipal Code; B. The proposed use is consistent with the General Plan and any applicable specific plan; C. The site is physically adequate for the type, density, and intensity (e.g., number of employees and customers) of use being proposed, including provision of services (e.g., sanitation and water), public access, and the absence of physical constraints; D. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on site and in the vicinity of the subject property; and E. The establishment, maintenance, or operation of the proposed use at the location proposed will not endanger, jeopardize, or otherwise constitute a menace to the 734 26 public convenience, health, interest, safety, or the general welfare of persons residing or working in the vicinity of the proposed use. 17.05.060 Conditions of Approval The Community Development Director may impose reasonable conditions deemed necessary to ensure compliance with the findings for an Administrative Permit listed in Section TBD, Required Finding. 17.05.070 Appeals, Expiration, Revocation, etc. A. Effective Date – Appeals. Decisions of the Community Development Director may be appealed to the Planning Commission by filing an appeal within fifteen (15) days of the Director’s decision; provided, that upon affixing the signature of the applicant to an issued permit, the permit shall become effective and the right to appeal shall be waived. Appeals shall be filed in writing with the Community Development Department accompanied by a fee set by resolution of the City Council. Notice of hearing shall be given to the applicant at least ten (10) days prior to the hearing, unless the applicant agrees to waive the requirement so that the matter may be heard at an earlier time. The Commission’s review shall be limited to a determination of whether the application complies with the requirements of the governing section. The filing of an appeal within such time shall stay the effective date of the decision until the Commission has acted on the appeal. The Commission’s decision shall be final and conclusive, unless the governing section specifically provides for a direct or subsequent appeal to the City Council. Appeals to the City Council shall be filed with the City Clerk accompanied by a fee set by resolution of the City Council. The filing of an appeal within ten (10) days shall stay the effective date of the decision until the council has acted on the appeal as hereinafter set forth in this Title. Upon receipt of a written appeal, the Planning Commission shall transmit to the Council the Planning Commission’s complete record of the case. Notice of hearing shall be given to the applicant at least ten (10) days prior to the hearing, unless the applicant agrees to waive the requirement so that the matter may be heard at an earlier time. The Council shall hear the matter and render a determination as soon as reasonably practicable, but in no event later than sixty (60) days after an appeal has been filed unless requested by the applicant. The Council’s review shall be limited to a determination of whether the application complies with the requirements of the governing section. The council shall announce its findings within forty (40) calendar days of the hearing, unless good cause is found for an extension, and the decision shall be mailed to the applicant. The council’s decision shall be final and conclusive. B. Revocation. Any Administrative Permit may be revoked by the Director or the decision-making body for any of the following causes: 1. That any term or condition has not been complied with; 2. That the property for which the Administrative Permit has been granted is used or maintained in violation of any statute, law, regulation or condition of approval; 735 27 3. That the use for which the Administrative Permit was granted has not been exercised for at least twelve (12) consecutive months, or has ceased to exist, or has been abandoned; 4. The Administrative Permit has been issued for a short-term vacation rental, which has received three (3) affirmed violations of the ordinance codified in this section or any of the City’s quality of life ordinances, such as noise violations, disturbing the peace, or creating a public nuisance, within a 12- month period; or, 5. That the use for which the Administrative Permit was granted has been so exercised as to be detrimental to the public health or safety or so as to constitute a nuisance. A hearing to show cause why the permit should not be revoked shall be held by the issuing body prior to the revocation of any administrative permit. Written notice shall be provided the permit holder at least ten (10) days prior to the hearing stating the reasons therefor. C. Expiration. An Administrative Permit shall expire at the conclusion of the permitted use or activity, not to exceed one year from the effective date if no expiration or term is stated therein, and the property shall thereafter be used in compliance with the provisions of this Title and Code. Chapter 17.06 Temporary Use Permits 17.06.010 Purpose This Chapter establishes a process for review and approval of uses that are intended to be of limited duration of time and will not permanently alter the character or physical facilities of the site where they occur. 17.06.020 Applicability Approval of a Temporary Use Permit is required for uses or developments specifically identified in any section of this Title which requires a Temporary Use Permit. 17.06.030 Review Authority The Community Development Director shall act as the review authority for Temporary Use Permits based on consideration of the requirements of this Chapter and Section TBD, Temporary Uses. 17.06.040 Procedures A. Application. An application for a Temporary Use Permit shall be submitted at least 30 days before the use is intended to begin with the Community Development Department on the prescribed application forms pursuant to Section TBD, Application Forms and Fees and Section TBD, Review of Applications. The application for a Temporary Use Permit shall include data or other evidence in support of the applicable findings required by Section TBD, Required Findings. B. Report of Decision and Findings. Except as set forth below, the Community Development Director shall issue the Temporary Use Permit no more than thirty 736 28 (30) days following the filing of a complete application therefor. Approval will be based upon determining the request complies with the standards, limitations and other regulations in the governing section, which may include the imposition of conditions and limitations to ensure the permit is consistent with said requirements and protects the public health, safety and welfare; otherwise, the Director shall deny the application and provide the applicant a written statement of the reasons the permit cannot be issued. The applicant shall be advised in writing of the right to appeal the Director’s decision pursuant to Section TBD, Appeals and Calls for Review. 17.06.050 Required Findings The Community Development Director must make both of the following findings to approve or conditionally approve a Temporary Use Permit application. The inability to make one or more of the findings is grounds for denial of an application. A. The proposed use will not unreasonably affect adjacent properties, their owners and occupants, or the surrounding neighborhood, and will not in any other way constitute a nuisance or be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the area of such use or to the general welfare of the City; and B. The proposed use will not unreasonably interfere with pedestrian or vehicular traffic or circulation in the area surrounding the proposed use and will not create a demand for additional parking that cannot be safely and efficiently accommodated by existing parking areas. 17.06.060 Conditions of Approval The Community Development Director may impose reasonable conditions deemed necessary to ensure compliance with the findings for a Temporary Use Permit listed in Section TBD, Required Findings, including the items below. A. Provision of a certificate of insurance acceptable to the City’s risk manager. B. Submission of a performance bond or other surety devices, if necessary, to ensure that any temporary facilities or structures used will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition, to the satisfaction of the Community Development Director. C. Prior to the event, the applicant shall provide a statement to the City stating that the organizers of the event agree to indemnify, hold harmless, and defend the City, its officers, agents and employees from any and all liability or claims that may be brought against the City arising out of its approval of the Temporary Use Permit, or arising out of the operation of the use or uses allowed under the permit, save and except that caused solely by the City’s active negligence. D. Each site occupied by a temporary use shall be cleaned of debris, litter, or other evidence of the temporary activity on completion or removal of the activity, and shall thereafter be used in compliance with the provisions of this Title. E. Other conditions determined by the Community Development Director to ensure the operation of the proposed temporary use in a compatible, efficient, harmonious, nuisance-free, orderly, and safe, manner, including, but not limited to the following: 1. Regulation of ingress, egress, and traffic circulation. 737 29 2. Regulation of fire protection and access for fire vehicles. 3. Regulation of lighting and signage. 4. Regulation of hours of operation, staffing, or other aspects of the use. 5. Provisions for sanitary facilities and waste collection and disposal. 6. Safety and security measures. 7. Measures for removal of the activity and site restoration, to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this Title. 17.06.070 Appeals, Expiration, Revocation, etc. A. Appeals. Temporary Use Permit decisions are subject to the appeal provisions of Section TBD, Appeals and Calls for Review. B. Expiration, Extensions and Revisions. Temporary Use Permit approval is effective and may only be extended or revised as provided for in Chapter TBD, Effective Dates: Expiration and Extension. C. Revocation. Temporary Use Permit approval may be revoked pursuant to Section TBD, Revocation, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated. Chapter 17.07 Housing Accessibility - Reasonable Accommodation for Disability 17.07.010 Purpose and Applicability. This section provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Fair Housing Laws in the application of zoning laws, building codes, and other land use regulations, policies and procedures. Fair Housing Laws means "Fair Housing Amendments Act of 1988" (42 U.S.C. Section 3601, et seq.), including reasonable accommodation required by 42 U.S.C. Section 3604(f)(3)(B), and the "California Fair Employment and Housing Act" (California Government Code Section 12900, et seq.), including reasonable accommodation required specifically by California Government Code Sections 12927(c)(1) and 12955(l), as any of these statutory provisions now exist or may be amended from time to time. A request for reasonable accommodation may be made by any person with a disability, his/her representative, or any business or property owner when the application of a zoning law, building code provision or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment, as those terms are defined in the Fair Housing Laws. A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for the siting, development and use of housing or housing related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. Requests for reasonable accommodation shall be made in the manner prescribed by this section. It is the intent of this section that, notwithstanding time limits provided to perform specific functions, application review, decision making and appeals proceed expeditiously, 738 30 especially where the request is time sensitive, and so as to reduce impediments to equal access to housing. A. Application Submittal. Any person with a disability may request a reasonable accommodation on a form supplied by the community development department including the following information, accompanied by a fee established by resolution of the city council: 1. The applicant’s or representative’s name, mailing address and daytime phone number; 2. The address of the property for which the request is being made; 3. The specific code section, regulation, procedure or policy of the City from which relief is sought; 4. A site plan or illustrative drawing showing the proposed accommodation; 5. An explanation of why the specified code section, regulation, procedure or policy is preventing, or will prevent, the applicant’s use and enjoyment of the subject property; 6. The basis for the claim that the Fair Housing Laws apply to the individual(s) and evidence satisfactory to the City supporting the claim, which may include a letter from a medical doctor or other licensed health care professional, a disabled license, or any other appropriate evidence; 7. A detailed explanation of why the accommodation is reasonable and necessary to afford the applicant an equal opportunity to use and enjoy a dwelling in the City; 8. Verification by the applicant that the property is the primary residence of the person(s) for whom reasonable accommodation is requested; and 9. Any other information required to make the findings required by subsection (D) of this section consistent with the Fair Housing Laws. A request for reasonable accommodation may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect or negate an individual’s obligations to comply with other applicable regulations not at issue in the requested accommodation. If an individual needs assistance in making the request for reasonable accommodation, the City shall provide assistance to ensure that the process is accessible. Should the request for reasonable accommodation be made concurrently with a discretionary permit, then the fee for a reasonable accommodation application may be waived provided that the prescribed fee shall be paid for all other discretionary permits. B. Reviewing Authority. 1. Applications for reasonable accommodation shall be reviewed by the Community Development Director or designee. C. Findings. The reviewing authority shall approve the request for a reasonable accommodation if, based upon all of the evidence presented, the following findings can be made: 739 31 1. The housing, which is the subject of the request for reasonable accommodation, will be occupied by an individual with disabilities protected under Fair Housing Laws; 2. The requested accommodation is reasonable and necessary to make housing available to an individual with disabilities protected under the Fair Housing Laws; 3. The requested accommodation will not impose an undue financial or administrative burden on the City, as defined in the Fair Housing Laws and interpretive case law; and 4. The requested accommodation will not require a fundamental alteration in the nature of the City’s zoning or building laws, policies and/or procedures, as defined in the Fair Housing Laws and interpretive case law. The City may consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of the City’s zoning or building program: a. Whether the requested accommodation would introduce uses not otherwise permitted in the neighborhood; and b. Whether granting the requested accommodation would substantially undermine any express purpose of either the City’s General Plan or an applicable Specific Plan. D. Decision. 1. The review authority shall consider an application and issue a written determination within forty (40) calendar days of the date of receipt of a completed application. 2. If necessary to reach a determination on any request for reasonable accommodation, the review authority may request further information from the applicant consistent with this section, specifying in detail what information is required. In the event a request for further information is made, the applicable time period to issue a written determination shall be stayed until the applicant reasonably responds to the request. 3. The review authority’s written decision shall set forth the findings, any conditions of approval, notice of the right to appeal, and the right to request reasonable accommodation on the appeals process, if necessary. The decision shall be mailed to the applicant. 4. The reasonable accommodation shall be subject to any reasonable conditions imposed on the approval that are consistent with the purposes of this section. 5. In making the approval findings in subsection (D) of this section, the review authority may approve alternative reasonable accommodations that provide an equivalent level of benefit to the applicant. 6. The written decision of the reviewing authority shall be final unless appealed in the manner set forth below. 7. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect. 8. Where the improvements or modifications approved through a reasonable accommodation would generally require a variance, a variance shall not be required. E. Appeals. 740 32 1. The decision on a reasonable accommodation may be appealed to the City Council within ten (10) calendar days of the issuance of a written decision. 2. The appeal shall be made in writing including a statement of the grounds for appeal and accompanied by a fee established by resolution of the City Council. 3. The City Council shall hear the matter and render a determination as soon as reasonably practicable, but in no event later than sixty (60) calendar days after an appeal has been filed. All determinations shall address and be based upon the same findings required to be made in the original determination from which the appeal is taken. 4. The City shall provide notice of an appeal hearing to the applicant. The Council shall announce its findings within forty (40) calendar days of the hearing, unless good cause is found for an extension, and the decision shall be mailed to the applicant. The council’s action shall be final. 5. If an individual needs assistance in filing an appeal on an adverse decision, the City shall provide assistance to ensure that the appeals process is accessible. F. Waiver of Time Periods. Notwithstanding any provisions in this section regarding the occurrence of any action within a specified period of time, the applicant may request additional time beyond that provided for in this section or may request a continuance regarding any decision or consideration by the City of a pending appeal. Extensions of time sought by applicants shall not be considered delay on the part of the City, shall not constitute failure by the City to provide for prompt decisions on applications and shall not be a violation of any required time period set forth in this section. G. Notice to the Public of Availability of Accommodation Process. The City shall prominently display in the public areas of the Community Development Department at City Hall a notice advising those with disabilities or their representatives that they may request a reasonable accommodation in accordance with the procedures established in this section. City employees shall direct individuals to the display whenever they are requested to do so or reasonably believe that individuals with disabilities or their representatives may be entitled to a reasonable accommodation. H. Expiration, Time Extension, Violation, Discontinuance, and Revocation. 1. Any reasonable accommodation approved in accordance with the terms of this section shall expire within twenty-four (24) months from the effective date of approval or at an alternative time specified as a condition of approval unless: a. A building permit has been issued and construction has commenced; b. A certificate of occupancy has been issued; c. The use is established; or d. A time extension has been granted. 2. The Community Development Director may approve a time extension for a reasonable accommodation for good cause for a period or periods not to exceed three (3) years. An application for a time extension shall be made in writing to the Community Development Department no less than thirty (30) days or more than ninety (90) days prior to the expiration date. 3. Notice of the Director’s Decision on a time extension shall be provided as specified in subsection (E)(3) of this section. 741 33 4. Any reasonable accommodation approved in accordance with the terms of this code may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in connection therewith. 5. An accommodation is granted to an individual and shall not run with the land unless the Director finds that the modification is physically integrated on the property and cannot feasibly be removed or altered. Any change in use or circumstances that negates the basis for the granting of the approval may render the reasonable accommodation null and void and/or revocable by the City, and thereafter the reasonable accommodation may be required to be removed or substantially conformed to the code if reasonably feasible. I. Amendments. A request for changes in conditions of approval of a reasonable accommodation, or a change to plans that would affect a condition of approval shall be treated as a new application and shall be processed in accordance with the requirements of this section. The Community Development Director may waive the requirement for a new application and approve the changes if the changes are minor, do not involve substantial alterations or addition to the plan or the conditions of approval, and are consistent with the intent of the original approval. Chapter 17.08 Minor Exceptions 17.08.010 Purpose The purpose of this Chapter is to establish a means of granting relief from locational, developmental, and operational standards where doing so would be consistent with this Title and the General Plan, and where it is not possible or practical to approve a Variance. 17.08.020 Applicability Section Reserved. 17.08.030 Review Authority Community Development Director. However, the Director may refer any application for a Minor Exception for a project that may generate substantial public controversy or involve significant land use policy decisions to the Planning Commission for decision. Concurrent Processing. If a request for a Minor Exception is being submitted in conjunction with an application for another approval, permit, or entitlement that requires Planning Commission action, it shall be heard and acted upon at the same time and in the same manner as that application. 17.08.040 Procedures A. Application. An application for a Minor Exception shall be filed to the Community Development Department on the prescribed application forms pursuant to Section TBD, Application Forms and Fees and Section TBD, Review of Applications. The application for a Minor Exception shall include data or other evidence in support of the applicable findings required by Section TBD, Required Findings. B. Public Notice. An application for a Minor Exception shall require a public notice prior to the Director’s decision pursuant to Section, TBD Public Notice. 742 34 C. Report of Decisions and Findings. Except as set forth below, the Community Development Director shall issue the Minor Exception no more than thirty (30) days following the filing of a complete application therefor. Approval will be based upon determining the request complies with the standards, limitations and other regulations in the governing section, which may include the imposition of conditions and limitations to ensure the permit is consistent with said requirements and protects the public health, safety and welfare; otherwise, the Director shall deny the application and provide the applicant a 34riten statement of the reasons the permit cannot be issued. The applicant shall be advised in writing of the right to appeal the Director’s Decision pursuant to Section TBD, Appeals and Calls for Review. 17.08.050 Required Findings The Community Development Director must make all of the following findings to approve or conditionally approve a minor exception application. The inability to make one or more of the findings is grounds for denial of an application. 1. The requested minor exception is warranted by practical difficulties; 2. The requested minor exception is warranted by an unnecessary hardship; 3. The requested minor exception is necessary to avoid inconsistencies with the general intent of this Title; or 4. The requested minor exception for the same development standard has not been approved within the last 10 years. 17.08.060 Conditions of Approval In approving a Minor Exception, the review authority may impose reasonable conditions or restrictions and/or require reasonable guarantees and evidence that such conditions are being, or will be, complied with, to achieve the findings for a Minor Exception. 17.08.070 Appeals; Expiration, Extensions, and Revisions; Revocation A. Appeals. Minor Exception decisions are subject to the appeal provisions of Section TBD, Appeals and Calls for Review. B. Expiration, Extensions and Revisions. Minor Exception approval is effective and may only be extended or revised as provided for in Section TBD, Effective Dates: Expiration and Extension. C. Revocation. The Minor Exception approval may be revoked pursuant to Section TBD, Revocation, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated. Chapter 17.09 Minor Use Permits 17.09.010 Purpose The Minor Use Permit review and approval process is intended to apply to uses that are consistent with the with the goals, objectives, and policies of the General Plan and purposes of the zone where they are proposed but require special consideration to ensure that based on the specifics can be designed, located, and operated in a manner that will be compatible with the surrounding area and uses. 743 35 17.09.020 Applicability Approval of a Minor Use Permit is required for uses or developments specifically identified in any section of this Title which requires a Minor Use Permit. 17.09.030 Review Authority The Community Development Director or designee shall be the review authority for Minor Use Permits. However, the Director may refer any application for a Minor Use Permit for a project that may generate substantial public controversy or involve significant land use policy decisions to the Planning Commission for decision. In that case, the application shall be processed as a Conditional Use Permit. 17.09.040 Procedures A. Application. Applications for Minor Use Permits shall be filed with the Community Development Department on the prescribed application forms pursuant to Section TBD, Application Forms and Fees and Section TBD, Review of Applications. The application for a Minor Use Permit shall include data or other evidence in support of the applicable findings required by Section TBD, Required Findings. B. Public Notice and Hearing. All applications for Minor Use Permits shall require a public notice prior to the Director or designee decision, pursuant to Section TBD, Public Notice. C. Report of Decisions and Findings. Except as set forth below, the Community Development Director shall issue the Minor Use Permit no more than thirty (30) days following the filing of a complete application therefor. Approval will be based upon determining the request complies with the standards, limitations and other regulations in the governing section, which may include the imposition of conditions and limitations to ensure the permit is consistent with said requirements and protects the public health, safety and welfare; otherwise, the Director shall deny the application and provide the applicant a written statement of the reasons the permit cannot be issued. The applicant shall be advised in writing of the right to appeal the Director’s decision pursuant to Section TBD, Appeals and Calls for Review. 17.09.050 Required Findings The Community Development Director or designee must make all of the following findings to approve or conditionally approve a Minor Use application. The inability to make one or more of the findings is grounds for denial of an application. A. The proposed use is allowed within the applicable zone and complies with all other applicable provisions of this Title and all other Titles of the Hermosa Beach Municipal Code;  B. The proposed use is consistent with the General Plan and any applicable specific plan;  C. The proposed use will not be averse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements;  D. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses and circulation in the vicinity; and  744 36 E. The site is physically suitable for the type of the use being proposed, including access, utilities, and the absence of physical constraints.  17.09.060 Conditions of Approval In approving a Minor Use Permit, the review authority may impose reasonable conditions or restrictions and/or require reasonable guarantees and evidence that such conditions are being, or will be, complied with, to achieve the following outcomes: A. Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the City Council; B. Achieve the general purposes of this Title or the specific purpose of the zone in which the project is located; C. Achieve the findings for a Use Permit listed in Section TBD, Required Findings; or D. Mitigate any potentially significant impacts identified because of environmental review conducted in compliance with the California Environmental Quality Act. 17.09.070 Appeals; Expiration, Extensions, and Revisions; Revocation A. Appeals. Minor Use Permit decisions are subject to the appeal provisions of Section TBD, Appeals and Calls for Review. B. Expiration, Extensions and Revisions. Minor Use Permit approval is effective and may only be extended or revised as provided for in Section TBD, Effective Dates: Expiration and Extension. C. Reapplication Upon Denial. After the denial of a Minor Use Permit has become final, no further application for the same use shall be filed for the same property for the ensuing 12 months, unless the project is revised to resolve the review authority’s previous objections to the project. Said revision shall require a new application process and payment of fees. D. Revocation. Minor Use Permit approval may be revoked pursuant to Section TBD, Revocation, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated. Chapter 17.10 Conditional Use Permits 17.10.010 Purpose. The purpose of a Conditional Use Permit shall be to provide the individual review of certain uses, which due to the nature of the use, size, or intensity of the use require a Planning Commission review. 17.10.020 Applicability Approval of a Conditional Use Permit is required for uses or developments specifically identified in any section of this Title which requires a Conditional Use Permit. 17.10.030 Review Authority The Planning Commission may grant Conditional Use Permits to determine if the use proposed, or the location of that use, is compatible with the surrounding uses, or may be made compatible with the imposition of conditions of approval. 17.10.040 Procedures 745 37 A. Application. Applications for Conditional Use Permits shall be filed with the Community Development Department on the prescribed application forms pursuant to Section TBD, Application Forms and Fees and Section TBD, Review of Applications. The application for a Conditional Use Permit shall include data or other evidence in support of the applicable findings required by Section TBD, Required Findings. B. Public Notice. An application for a Conditional Use Permit shall require a public notice prior to the Planning Commission decision, pursuant to Section TBD, Public Notice. C. Public Hearing. An application for a Conditional Use Permit shall require a public hearing before the Planning Commission pursuant to Section TBD Conduct of Public Hearings. D. Report on Findings and Decision. Not more than twenty (20) days following the public hearing on a Conditional Use Permit, the Planning Commission shall announce its findings by formal report and said report shall recite, among other things, the facts and reasons which, in its opinion, make the granting or denial of the Conditional Use Permit and when granted, shall recite such conditions and limitations as it may impose. E. Report to be Numbered and Kept as Permanent Record. The formal report of the Planning Commission announcing its decision on a Conditional Use Permit shall be numbered consecutively in the order of filing and shall become a permanent record in the file of the Planning Commission. F. Notice of decision to applicant. Not later than ten days following the rendering of a decision ordering that a Conditional Use Permit be granted or denied, a copy of the report shall be mailed to the applicant and their attorney at the address shown on the application filed with the Planning Commission. G. Effective date – Time limitation for appeal. The order of the Planning Commission in granting or denying a Conditional Use Permit shall become final and effective ten days from the date of the succeeding City Council meeting at which it is determined whether or not to review the decision of the Planning Commission pursuant to Section 2.52.040 of this code until within such ten-day period an appeal in writing is filed with the Council by any person dissatisfied with the decision of the Planning Commission. The filing of such appeal within such time shall stay the effective date of the order of the Planning Commission until such time as the Council has acted on the appeal as hereinafter set forth in this Title. H. Transmission of Planning Commission’s record to City Council. Upon receipt of a written appeal filed with the City Clerk as provided herein, the Planning Commission shall thereupon transmit to the City Council the Planning Commission’s complete record of the case. I. Council to hold public hearing on appeal. Not more than forty (40) calendar days following filing of a written appeal, the City Council shall conduct a duly advertised 746 38 public hearing, public notice of which shall be given at least ten calendar days prior to said hearing in accordance with requirements established by resolution of the Council. J. Council to announce findings and decision. City Council shall announce its findings and decision not more than sixty (60) days, following the close of the public hearing, unless good cause is shown for the extension of time and the applicant or opponent, or both, are notified of this extension and the reasons therefor. The findings and decision shall recite the facts and reasons which in the opinion of the City Council make the approval or denial of the conditional use permit necessary to carry out the general purpose of this Title, and shall order that the Conditional Use Permit be granted, denied or modified subject to such conditions or limitations that it may impose. City Council may incorporate by reference all or part of any findings of the commission. If the City Council does not announce its findings and decision, notice shall be given by mail to the applicant or opponent, or to both if they are different parties, of when the findings and decision will be made so that the applicant or opponent or both may be present at the meeting when said findings and decision are announced. K. Decision of the council shall be final. The action by the City Council on such matters shall be by a majority vote of the Council, and shall be final and conclusive except: 1. The City Council may approve, modify or disapprove the recommendation of the Planning Commission; provided, that any modification of a proposed Conditional Use Permit by the Council may be referred back to the Planning Commission for report and recommendation, and the Planning Commission shall not be required to hold a public hearing thereon. Failure of the planning commission to report to the city council within forty (40) days after the reference, or such longer period as may be designated by the city council, shall be deemed to be approval of the proposed modification. 2. Upon return of the matter to the City Council, the City Council may by majority vote, approve, modify or disapprove the final recommendation of the Planning Commission on such matters. L. Notice of Decision of the Council. Not later than thirty (30) days following the final decision of the City Council that a Conditional Use Permit be granted or denied, notice of such action shall be mailed to the applicant or opponent, or both if they be different parties, and one copy shall be attached to the Planning Commission’s file of the case and said file returned to the Planning Commission for permanent filing. Failure to give notice shall not affect the decision rendered in these matters. 17.10.050 Scope of Conditional Use Permit Review A. Criteria for review. In reviewing any Conditional Use Permit for any use, the following criteria for granting said permit shall be considered: 1. Distance from existing residential uses; 2. The amount of existing or proposed off-street parking facilities, and its distance from the proposed use; 747 39 3. Location of and distance to churches, schools, hospitals and public playgrounds; 4. The combination of uses proposed; 5. Site specific operation and design features; 6. The relationship of the proposed business-generated traffic volume and the size of streets serving the area; 7. The proposed exterior signs and décor, and the compatibility thereof with existing establishments in the area; 8. The number of similar establishments or uses within close proximity to the proposed establishment; 9. Noise, odor, dust and/or vibration that may be generated by the proposed use; 10. Impact of the proposed use to the City’s infrastructure, and/or services; 11. Will the establishment contribute to a concentration of similar outlets in the area; 12. Other considerations that, in the judgment of the Planning Commission, are necessary to assure compatibility with the surrounding uses, and the as a whole. 17.10.060 Required findings. The Planning Commission must make all of the following findings to approve a Conditional Use Permit application. The inability to make one or more of the findings is grounds for denial of an application. A. The proposed use is allowed within the applicable zone and complies with all other applicable provisions of this Title and all other Titles of the Hermosa Beach Municipal Code; B. The proposed use is consistent with the General Plan and any applicable specific plan; C. The proposed use will not be averse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements; D. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses and circulation in the vicinity; and E. The site is physically suitable for the type of the use being proposed, including access, utilities, and the absence of physical constraints. 17.10.070 Appeals; Expiration, Extensions, and Revisions; Revocation A. Appeals. Conditional Use Permit decisions are subject to the appeal provisions of Section TBD, Appeals and Calls for Review. B. Expiration, Extensions and Revisions. Conditional Use Permit approval is effective and may only be extended or revised as provided for in Section TBD, Effective Dates: Expiration and Extension or the following, whichever the strictest standards apply. 1. A Conditional Use Permit shall expire and become null and void, when any of the following apply: a. Permit Not Issued. If the Conditional Use Permit is not used within two (2) years after the granting of the Permit; provided that the Director 748 40 may grant an extension of the Permit for an additional period as provided in this Title. b. Discontinuation of Use. If there is a discontinuation of the Conditional Use Permit after it has been effectuated for a period of 12 months or more the Permit shall be expired. The Community Development Director shall make a written determination of expiration based on evidence of abandonment including documentation of business closure including but not limited to inactive City business license issued in accordance with Title 5 of HBMC. C. Reapplication Upon Denial. After the denial of a Conditional Use Permit has become final, no further application for the same use shall be filed for the same property for the ensuing 12 months, unless the project is revised to resolve the review authority’s previous objections to the project. Said revision shall require a new application process and payment of fee D. Revocation. The Conditional Use Permit approval may be revoked pursuant to Section TBD, Revocation, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated. Chapter 17.11 Parking Plan 17.11.010 Purpose The purpose of this section is to allow for an alternative configuration of parking to wholly or partially satisfy the Off-Street Parking Chapter of Title 17. 17.10.020 Applicability Parking Plans may be requested by a property owner in accordance with the Off-Street Parking Chapter of Title 17. 17.11.030 Review Authority The Planning Commission shall act as the review authority for all Parking plans. 17.11.040 Procedures A. Application. Applications for Parking Plans shall be filed with the Community Development Department on the prescribed application forms pursuant to Section TBD, Application Forms and Fees and Section TBD, Review of Applications. The application for a Parking Plan shall include data or other evidence in support of the applicable findings required by Section TBD, Required Findings. B. Public Notice. An application for a Parking Plan shall require a public notice prior to the Planning Commission decision, pursuant to Section TBD, Public Notice. C. Public Hearing. An application for a Parking Plan shall require a public hearing before the Planning Commission pursuant to Section TBD, “Conduct of Public Hearings”. 17.11.050 Required Findings The Planning Commission must make all of the following findings to approve or conditionally approve a Parking Plan application. The inability to make one or more the findings is ground 749 41 for denial of an application. A. The Parking Plan conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the City Council; B. The Parking Plan is consistent with the purposes of this Title and the specific purpose of the Zone in which the project is located; C. The Parking Plan satisfies all the applicable criteria for the Parking Plan configuration requested in accordance with the Off-Street Parking Chapter of Title 17. D. The granting of the requested modification would not be detrimental to the public, health, safety or welfare of the public. 17.11.060 Conditions of Approval In approving a Parking Plan, the review authority may impose reasonable conditions or restrictions and/or require reasonable guarantees and evidence that such conditions are being, or will be, complied with, to achieve the following outcomes: A. Ensure that the proposal complies with the general purpose of Title 17 or the specific procedures of the zone in which the project is located; B. Achieve the findings for the Parking Plan listed in Section TBD, “Required Findings”. C. A covenant with the City a party thereto, may be required limiting the use of the property and/or designating the method by which the required parking will be provided at the time that the Planning Commission determines that inadequate parking exists. 17.11.070 Appeals; Expiration, Extensions, and Revisions; Revocation A. Appeals. Parking Plan decisions are subject to the appeal provisions of Section TBD, Appeals and Calls for Review. B. Expiration, Extensions and Revisions. Parking Plan approval is effective and may only be extended or revised as provided for in Chapter TBD, Effective Dates: Expiration and Extension. C. Reapplication Upon Denial. After the denial of a Parking Plan has become final, no further application for the same Parking Plan shall be filed for the same property for the ensuing six months, unless the project is revised to resolve the review authority’s previous objections to the project. Said revision shall require a new application process and payment of fee D. Revocation. The Parking Plan approval may be revoked pursuant to Section TBD, Revocation, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated. Chapter 17.12 Precise Development Plans 17.12.010 Purpose This Chapter establishes Precise Development Plan procedures to ensure that new development supports the goals and objectives of the General Plan and other adopted plans and guidelines. The specific purposes of the Precise Development Plan process are to: 750 42 A. Promote excellence in design, layout, and other physical features of development to achieve a reasonable level of quality, compatibility, in harmony with the community’s social, economic and environmental objectives; B. Ensure that new and altered development will be compatible with the existing and potential development of the surrounding area; and C. Supplement other City regulations and standards in order to ensure control of physical features of development that are not otherwise addressed. 17.12.020 Applicability Precise Development Plan is required for all projects that require a permit for new construction, reconstruction, rehabilitation, alteration, or other improvements to a structure, site, or a parking area except for: A. New construction or additions of less than 1,500 square foot addition any zone. B. Interior remodel of 3,000 square feet or less in any zone. C. Single Family (one unit) residential projects. D. New residential projects with two (2) or more dwelling units including a minimum of 20% lower-income units. E. Projects including minimum of 20% lower-income units that qualify for a density bonus pursuant to Section 17.42.100. 17.12.030 Review Authority The Planning Commission shall act as the review authority for all Precise Development Plans. 17.12.040 Procedures A. Application. Applications for Precise Development Plan shall be filed with the Community Development Department on the forms prescribed application forms pursuant to Section TBD, Application Forms and Fees and Section TBD, Review of Applications. The application for a Precise Development Plan shall include data or other evidence in support of the applicable findings required by Section TBD, Required Findings. B. Public Notice. An application for a Precise Develop Plan shall require a public notice prior to the Planning Commission decision, pursuant to Section TBD, Public Notice. C. Reapplication Upon Denial. After the denial of a Parking Plan has become final, no further application for the same Parking Plan shall be filed for the same property for the ensuing 12 months, unless the project is revised to resolve the review authority’s previous objections to the project. Said revision shall require a new application process and payment of fee. D. Public Hearing. An application for a Precise Development Plan shall require a public hearing before the Planning Commission pursuant to Section TBD, Conduct of Public Hearings. 17.12.050 Scope of Precise Development Plan Review A. Precise Development Plan Review Considerations. Precise Development Plan review shall be based on consideration of the requirements of this Chapter as they apply to 751 43 the design of the site plan, structures, landscaping, and other physical features of a proposed project, including: 1. Building proportions, massing, and architectural details; 2. Site design, orientation, location, and architectural design of buildings relative to existing structures on or adjacent to the property, topography, and other physical features of the natural and built environment; 3. Size, location, design, development, and arrangement of on-site parking and other paved areas; 4. Height, materials, and design of fences, walls, and screen plantings; 5. Location and type of landscaping including selection and size of plant materials, and design of hardscape; and 6. Size, location, design, color, lighting, and materials of all signs. 17.12.060 Required Findings The review authority must make all of the following findings to approve or conditionally approve a Precise Development Plan application. The inability to make one or more of the findings is grounds for denial of an application. A. The design, layout, and other physical features of the project complies with all other applicable provisions of this Title and all other Titles of the Hermosa Beach Municipal Code; B. The design, layout, and other physical features of the project is consistent with the General Plan, and any applicable specific plan or design guidelines; C. The design, layout, and other physical features of the project complies with any design or development standards applicable to the zone or the use in question, unless waived or modified pursuant to the provisions of this Title; and D. The design, layout, and other physical features of the project are compatible with the desired form and character of the area, as established in the General Plan. 17.12.070 Conditions of Approval In approving a Precise Development Plan, the review authority may impose reasonable conditions or restrictions and/or require reasonable guarantees and evidence that such conditions are being, or will be, complied with, to achieve the following outcomes: A. Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the City Council; B. Achieve the general purposes of this Title or the specific purpose of the zone in which the project is located; C. Achieve the findings for a Precise Development Plan listed in Section TBD, Required Findings; and D. Mitigate any potentially significant impacts identified because of environmental review conducted in compliance with the California Environmental Quality Act. 17.12.080 Appeals; Expiration, Extensions, and Revisions; Revocation A. Appeals. Precise Development Plan decisions are subject to the appeal provisions of Section TBD, Appeals and Calls for Review. B. Expiration, Extensions and Revisions. Precise Development Plan approval is effective and may only be extended or revised as provided for in Section TBD, Effective Dates: Expiration and Extension. 752 44 C. Reapplication Upon Denial. After the denial of a Precise Development Plan has become final, no further application for the same Parking Plan shall be filed for the same property for the ensuing six months, unless the project is revised to resolve the review authority’s previous objections to the project. Said revision shall require a new application process and payment of fee D. Revocation. Precise Development Plan approval may be revoked pursuant to Section TBD, Revocation, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated. Chapter 17.13 Variances 17.13.010 Purpose This Chapter is intended to provide a mechanism for relief from the strict application of this Title where it would deprive the property owner of privileges enjoyed by similar properties because of the subject property’s unique and special conditions. 17.13.020 Applicability Variances may be granted to vary or modify dimensional and performance standards but may not be granted to allow uses or activities that this Title does not authorize for a specific lot or site. 17.13.030 Review Authority The Planning Commission shall act as the review authority for Variance applications based on consideration of the requirements of this Chapter. 17.13.040 Procedures A. Application. Applications for a Variance shall be filed with the Community Development Department on the prescribed application forms in accordance with the procedures in Section TBD, Application Forms and Fees and Section TBD, Review of Applications. The application for a Variance shall include data or other evidence in support of the applicable findings required by Section TBD, Required Findings. B. Public Notice. An application for a Variance shall require a public notice prior to the Planning Commission decision, pursuant to Section TBD, Public Notice. C. Public Hearing. An application for a Variance shall require a public hearing before the Planning Commission, pursuant to Section TBD, Conduct of Public Hearings. 17.13.050 Required Findings After conducting a public hearing, the Planning Commission must make all of the following findings in order to approve or conditionally approve a Variance application. The Commission shall deny an application for a Variance if it is unable to make any of the required findings, in which case it shall state the reasons for that determination. A. There are exceptional or extraordinary physical circumstances or conditions applicable to the property involved that do not apply generally to property in the vicinity and identical zone, and that the granting of a Variance will not constitute a granting of a special privilege inconsistent with the limitations on the property in the vicinity and identical zone; 753 45 B. The granting of the Variance is necessary to prevent a physical hardship which is not of the applicant’s own actions or the actions of a predecessor in interest; C. The granting of the Variance will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare or convenience; and D. The granting of the Variance will be consistent with the general purposes and objectives of this Title, any applicable specific plans, and the General Plan. 17.13.060 Conditions of Approval In approving a Variance, the review authority may impose reasonable conditions or restrictions and/or require reasonable guarantees and evidence that such conditions are being, or will be, complied with, to achieve the following outcomes: A. Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the City Council; B. Achieve the general purposes of this Title or the specific purposes of the zone in which the project is located; C. Achieve the findings for a Variance granted; or D. Mitigate any potentially significant impacts identified because of review conducted in compliance with the California Environmental Quality Act (CEQA). 17.13.070 Appeals; Expiration, Extensions, and Revisions; Revocation A. Appeals. Variance decisions are subject to the appeal provisions of Section TBD, Appeals and Calls for Review. B. Expiration, Extensions and Revisions. Variance approval is effective and may only be extended or revised as provided for in Chapter TBD, Effective Dates: Expiration and Extension. C. Reapplication Upon Denial. After the denial of a Variance has become final, no further application for the same Variance shall be filed for the same property for the ensuing 12 months, unless the project is revised to resolve the review authority’s previous objections to the project. Said revision shall require a new application process and payment of fee. D. Revocation. Variance approval may be revoked pursuant to Section TBD, Revocation, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated. Chapter 17.14 Development Agreements 17.14.010 Purpose This Chapter establishes procedures and requirements for considering and entering into a voluntary legally binding agreements, with applicants for development projects, as authorized in Government Code Sections 65864-65869.5. The development agreement is intended to provide assurance to the City that a proposed project will proceed to its completion in compliance with the plans submitted and provides assurance to the applicant that the project can proceed to its completion in accordance with the rules and regulations in effect at the time of project approval. 17.14.020 Applicability 754 46 A voluntary agreement that may be initiated by a property owner for a complex or multi- phase development project that is consistent with the General Plan. 17.14.030 Review Authority The Planning Commission shall act as the advisory body for all Development Agreements and provide its recommendation to the City Council. The City Council shall act as the review authority, and after receiving recommendations from the Planning Commission, may adopt, reject, or modify a Development Agreement. 17.14.040 Procedures A. Processing Proposed Development Agreements. A Development Agreement which may be proposed by the City or any person having a legal or equitable interest in real property shall be processed in the manner of a Zone Change as provided in Article 15 and shall conform to the requirements of Article 2.5 (commencing with Section 65864) Division 1, of the Government Code entitled "Development Agreements." B. Development Agreement Content All development agreements shall contain the following provisions: 1. Duration of the agreement; 2. Permitted uses for the subject property; 3. Density or intensity of the permitted uses; 4. Approved site plans, elevations, floor plans and sections, including the maximum height and size of proposed buildings; 5. Provisions, if any, for reservation or dedication of land for public purposes or other contribution to public improvements and amenities of benefit to the City; 6. Protection from either a future growth control ordinance or a future increase in development impact fees; 7. Provisions that address the applicable environmental review for the project; 8. Provisions requiring periodic review of the Development Agreement under Section; TBD 9. Provisions that would necessitate a reconsideration or amendment of the development agreement if any health and safety issues of compelling public necessity are discovered (i.e., a new environmental health hazard is discovered); 10. Provisions which are appropriate and acceptable to the City Attorney, that the developer shall commence construction or satisfy other requirements within a specified timeframe; and 11. Any other terms determined to be appropriate and necessary including provisions for payment to the City. C. Periodic Review Requirement. 1. The Planning Commission shall review the Development Agreement every 12 months, unless otherwise specified in the Development Agreement, after the approval of the agreement for the life of the project to determine whether the contracting party or the successor has complied in good faith with the terms and conditions of the Development Agreement. 755 47 2. The applicant shall initiate the review by filing a request for review along with the corresponding fee established by City Council within 60 days prior to the anniversary of the date of approval. The applicant shall submit evidence demonstrating the applicant’s good-faith compliance with the Development Agreement. 3. If as a result of this review, the Planning Commission finds and determines time of annual review, on the basis of substantial evidence, that the contracting party or the successor in interest has not complied with, a report shall be made the City Council, and referred to the City Attorney’s office for action. 17.14.050 Required Findings The following findings shall be made before approval of a Development Agreement or amendment: A. The Development Agreement is in the best interests of the City, promoting the public interest and welfare through public benefits; and B. The Development Agreement is consistent with all applicable provisions of the General Plan, any applicable specific plan, and this Zoning Ordinance. 17.14.060 Appeals; Expiration, Extensions, and Revisions; Revocation A. Appeals. Development Agreements may not be appealed as the Planning Commission review authority is advisory. B. Expiration, Extensions and Revisions. A Development Agreement approval is effective and may only be extended or revised as provided for in Chapter TBD, Effective Dates: Expiration and Extension. C. Amendment or Cancellation Procedure. A Development Agreement may be amended or canceled, in whole or in part, by mutual consent of all parties to the agreement, or their successor-in-interest, in compliance with state law (Government Code Section 65868), or as set forth in the agreement. The requested amendment or cancellation shall be processed in the same manner specified by this chapter for the adoption of a development agreement. Chapter 17.15 Specific Plans 17.15.010 Purpose This Chapter establishes procedures for the consideration, adoption, and implementation of specific plans for the purpose of implementing PLAN Hermosa (“General Plan”) on an area-specific basis. 17.15.020 Applicability A. The procedures in this Chapter shall apply to all proposals to establish a Specific Plan Area, amend or a Specific Plan Area. When changes to the Zoning Ordinance or zone or boundary line shown on the Zoning Map are required, a Zoning Amendment shall also be required. B. Initiation of Amendment. A Specific Plan or amendment to a Specific Plan may be initiated by an applicant or by a motion of the City Council or Planning Commission. 17.15.030 Review Authority 756 48 The Planning Commission shall act as the advisory body for all proposed Specific Plans and Specific Plan Amendments. The Planning Commission shall provide recommendations to the City Council. The City Council shall act as the final review authority and upon receiving a recommendation from the Planning Commission, may adopt, reject, or modify a Specific Plan. 17.15.040 Procedures A. Application. Applications for Specific Plans shall be filed with the Community Development Department on the prescribed application forms pursuant to Section TBD “Application Forms and Fees” and Section TBD Review of Applications. The application for a Specific Plans shall include data or other evidence in support of the applicable findings required by Section TBD, Required Findings. B. Public Hearing and Notice. All Specific Plan and Specific Plan Amendments shall be referred to the Planning Commission, which shall conduct at least one public hearing on any proposed amendment prior to submitting a recommendation report to the City Council. At least ten (10) days before the date of any public hearing, the City shall provide notice as provided for in Section TBD, Public Notice. C. Planning Commission Hearing. Before submitting a recommendation to the City Council, the Planning Commission shall conduct at least one public hearing. D. Recommendation to City Council. Following the public hearing, the Planning Commission shall make a recommendation on the Specific Plan to the City Council. Such recommendation shall include the reasons for the recommendation, findings related to General Plan consistency, and a discussion of the relationship of the proposed amendment to other adopted documents. The recommendation shall be transmitted to the City Council with a copy of the approved minutes from the Planning Commission hearing. 1. Approval. If the Planning Commission has recommended approval of the proposed amendment, the City Council is required to take final action pursuant to Section TBD, City Council Hearing and Action. 2. Denial. If the Planning Commission has recommended against the proposed amendment, the City Council is not required to take any further action unless an appeal is filed in accordance with Section TBD, Appeals and Calls for Review. E. City Council Hearing and Action 1. City Council Hearing. After receiving the recommendation from the Planning Commission, the City Council shall hold a hearing in accordance with Section TBD, Conduct of Public Hearings. The notice for the hearing shall include a summary of the Planning Commission recommendation. 2. City Council Action. After the conclusion of the hearing, the City Council may approve, modify, or deny the proposed Specific Plan or Specific Plan amendment. 17.15.050 Required Findings The following findings shall be made prior to approval of any specific plan or specific plan amendment: 757 49 A. The specific plan or amendment is consistent with the goals, objectives, and policies of the General Plan; B. The specific plan or amendment will not create conditions materially detrimental to the public health, safety, and general welfare; C. The specific plan or amendment is compatible with zoning on adjacent properties, and ensures development of desirable character that will be harmonious with surrounding properties; D. The specific plan or amendment is suitable and appropriate for the location, access, and topography for the development of the subject property; Chapter 17.16 Zoning Amendments 17.16.010 Purpose This Chapter establishes procedures by which changes may be made to the text of this Zoning Ordinance and to the Zoning Map, whenever the public necessity, convenience, general welfare, or good practice justify such amendment, consistent with the General Plan. 17.16.020 Applicability A. The procedures in this Chapter shall apply to all proposals to change the text of this Zoning Ordinance or to revise a zone or boundary line shown on the Zoning Map. B. Initiation of Amendment. An amendment to the Zoning Ordinance or Zoning Map may be initiated by any applicant or by a motion of the City Council or Planning Commission. 17.16.030 Review Authority The Planning Commission shall act as the advisory body for all amendments to the Zoning Ordinance and Zoning Map and provide recommendations to the City Council. The City Council shall act as the final review authority and upon receiving a recommendation from the Planning Commission, may adopt, reject, or modify all zoning amendments. 17.16.040 Procedures A. Application. Applications for Zoning Amendments shall be filed with the Community Development Department on the prescribed application forms pursuant to Section TBD, Application Forms and Fees and Section TBD, Review of Applications. The application for a Zoning Amendment shall include data or other evidence in support of the applicable findings required by Section TBD, Required Findings. B. Public Hearing and Notice. All amendments to the Zoning Ordinance and Zoning Map shall be referred to the Planning Commission, which shall conduct at least one public hearing on any proposed amendment prior to submitting a recommendation report to the City Council. At least 10 days before the date of any public hearing, the City shall provide notice as provided for in Section TBD, Public Notice. C. Planning Commission Hearing and Recommendation 758 50 1. Planning Commission Hearing. Before submitting a recommendation to the City Council, the Planning Commission shall conduct at least one public hearing. 2. Recommendation to City Council. Following the public hearing, the Planning Commission shall make a recommendation on the proposed amendment to the City Council. Such recommendation shall include the reasons for the recommendation, findings related to General Plan consistency, and a discussion of the relationship of the proposed amendment to other adopted documents. The recommendation shall be transmitted to the City Council with a copy of the approved minutes from the Planning Commission hearing. a. Approval. If the Planning Commission has recommended approval of the proposed amendment, the City Council is required to take final action pursuant to Section TBD, City Council Hearing and Action. b. Denial. If the Planning Commission has recommended against the proposed amendment, the City Council is not required to take any further action unless an appeal is filed in accordance with Section TBD, Appeals and Calls for Review. c. Reapplication Upon Denial. After the denial of a Zoning Amendment has become final, no further application for the same Zoning Amendment shall be filed for the same property for the ensuing 12 months, unless the project is revised to resolve the review authority’s previous objections to the project. Said revision shall require a new application process and payment of fee. D. City Council Hearing and Action 1. City Council Hearing. After receiving the recommendation from the Planning Commission, the City Council shall hold a hearing in accordance with Section TBD, Conduct of Public Hearings. The notice for the hearing shall include a summary of the Planning Commission recommendation. 2. City Council Action. After the conclusion of the hearing, the City Council may approve, modify, or deny the proposed amendment. If the Council proposes any substantial revision not previously considered by the Planning Commission during its hearings, the proposed revision shall first be referred to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing. The failure of the Planning Commission to report within 45 days after the referral shall be deemed a recommendation for approval and the amendment shall be returned to Council for adoption. 17.16.050 Required Findings The following findings shall be made prior to approval of any Zoning Amendment: A. The amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the City; B. The amendment is consistent with the intent of the vision, goals and objectives, and policies of PLAN Hermosa, the city’s general plan; and C. The amendment is consistent with the purpose of the Zoning Ordinance, Title 17. 759 51 Chapter 17.17 General Plan Amendment 17.17.010 Purpose This chapter establishes procedures for making changes to the General Plan as provided for in State Law when there are necessary reasons to do so as a result of changes in conditions or circumstances unforeseen at the time of adoption or last amendment of the General Plan. These circumstances include, but are not limited to, changes in State or Federal law and problems and opportunities that were unanticipated at the time of adoption or last amendment. 17.17.020 Applicability The procedures in this Chapter shall apply to all proposals to change the text of the General Plan or to change a general plan designation or boundary line as shown on the General Plan Map. 17.17.030 Initiation of Amendment. An amendment to the General Plan or General Plan map may only be initiated at the direction of the City Council. The City Council is the final review authority for General Plan Amendments. 17.17.040 Review Authority The Planning Commission shall act as the advisory body for all amendments to City’s General Plan and General Plan Map and provide recommendations to the City Council. The City Council shall act as the final review authority and upon receiving a recommendation from the Planning Commission, may adopt, reject, or modify all general plan or general plan map amendments. 17.17.050 Procedures A. Application. Applications for General Plan Amendment shall be filed with the Community Development Department on the prescribed application forms pursuant to Section TBD, Application Forms and Fees and Section TBD Review of Applications. The application for a General Plan Amendment shall include data or other evidence in support of the applicable findings required by Section TBD, Required Findings. B. Public Hearing and Notice. All amendments to the General Plan and General Plan Land Use Map shall be referred to the Planning Commission, which shall conduct at least one public hearing on any proposed amendment prior to submitting a recommendation report to the City Council. At least ten (10) days before the date of any public hearing, the City shall provide notice as provided for in Section TBD, Public Notice. C. Planning Commission Hearing and Recommendation. Before submitting a recommendation to the City Council, the Planning Commission shall conduct at least one public hearing. D. Recommendation to City Council. Following the public hearing, the Planning Commission shall make a recommendation on the proposed amendment to the City Council. Such recommendation shall include the reasons for the recommendation, findings related to General Plan consistency, and a discussion of 760 52 the relationship of the proposed amendment to other adopted documents. The recommendation shall be transmitted to the City Council with a copy of the approved minutes from the Planning Commission hearing. 1. Approval. If the Planning Commission has recommended approval of the proposed amendment, the City Council is required to take final action pursuant to Section TBD, City Council Hearing and Action. 2. Denial. If the Planning Commission has recommended against the proposed amendment, the City Council is not required to take any further action unless an appeal is filed in accordance with Section TBD, Appeals and Calls for Review. E. City Council Hearing and Action. 1. City Council Hearing. After receiving the recommendation from the Planning Commission, the City Council shall hold a hearing in accordance with Section TBD, Conduct of Public Hearings. The notice for the hearing shall include a summary of the Planning Commission recommendation. 2. City Council Action. After the conclusion of the hearing, the City Council may approve, modify, or deny the proposed amendment. If the Council proposes any substantial revision not previously considered by the Planning Commission during its hearings, the proposed revision shall first be referred to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing. The failure of the Planning Commission to report within 45 days after the referral shall be deemed a recommendation for approval and the amendment shall be returned to Council for adoption. 17.17.060 Required Findings A. The proposed amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the city, as specified under Government Code Section 65358(as); B. That adoption of the proposed General Plan amendment will not exceed the annual limit on amendments specified under Government Code Section 65358(b); and C. The amendment is consistent with the intent of the vision, goals and objectives, and policies of the General Plan and internally consistent. Chapter 17.18 Coastal Clearance 17.18.010 Purpose The purpose of this section is to ensure all public and private development in the Coastal Zone receives a clearance confirming the development conforms to all provisions of Title 16, Title 17, and any Land Use Plan or Coastal Development Permit. 17.18.020 Applicability This Section shall apply to all development in the Coastal Zone, as defined by the Coastal Act. 17.18.030 Review Authority 761 53 A request for Coastal Clearance may be submitted with another application. The review authority shall be in accordance with the Section TBD, Review Authorities for Decisions and Appeals. 17.18.040 Procedure A. Application. Applications for a Coastal Clearance shall be filed with the Community Development Department on the prescribed application form in accordance with the procedures in Section TBD, Application Forms and Fees and Section TBD, Review of Applications. B. Conditions of Approval. Prior to permit issuance of any development within the Coastal Zone the applicant shall demonstrate an approval, wavier or exemption by the California Coastal Commission. C. Post-Approval. Before permit issuance, the Community Development Director or designee shall review the California Coastal Commission’s approval, waiver, or exemption for consistency with the Director’s approval in concept. Chapter 17.19 Definitions Aggrieved “Aggrieved person” any person who, in person or through a representative, appeared at a public hearing or responded to a public notice, in connection with a city decision or action, or who, by other appropriate means before a hearing, decision or action by the review authority made their concern known or who for good cause was unable to do either. 762 SUMMARY OF REVIEW AUTHORITIES FOR DECISIONS AND APPEALS Table Annotations Decision Type Advisory Body Review Authority * Appeal Body Public Notification Ministerial Action Zoning Clearance - Staff/Director N/A No New Procedure Administrative Action Administrative Permit - Director Planning Commission No Temporary Use Permit - Director Planning Commission No Reasonable Accommodation - Director Planning Commission No Review authority updated as part of the Housing Element Update Minor Modification Director N/A No New Procedure Quasi-Judicial Action Certificate of Appropriateness Director Planning Commission N/A Yes Review Authority revised from City Council to Planning Commission Conditional Use Permit - Planning Commission City Council Yes Minor Use Permit - Director Planning Commission Yes New Procedure Variance - Planning Commission City Council Yes 763 SUMMARY OF REVIEW AUTHORITIES FOR DECISIONS AND APPEALS Table Annotations Decision Type Advisory Body Review Authority * Appeal Body Public Notification Minor Exception - Director Planning Commission Yes Updated Procedure, previously titled Administrative Variance Parking Plan - Planning Commission City Council Yes Amendment to Planning Entitlement - Planning Commission City Council Yes Time Extension Request by original Review Authority - Planning Commission City Council Yes Precise Development Plan - Planning Commission City Council Yes Tiering to allow for Community Development Director review of certain projects eliminated. Determination of Legality of Nonconforming Residential Buildings - Planning Commission City Council Yes Existing Process Zoning Interpretation - Director Planning Commission No Renamed Procedures Similar Use Determination - Director Planning Commission No Renamed Procedures Legislative Action General Plan Amendment Planning Commission City Council N/A Yes 764 SUMMARY OF REVIEW AUTHORITIES FOR SUBDIVISION APPLICATIONS (For reference only; Future discussion pending) Table Annotations Decision Type Advisory Body Review Authority * Appeal Body Public Notification Urban Lot Split - Director N/A No Lot Line Adjustment - Director N/A No Certificate of Compliance - Director Planning Commission No SUMMARY OF REVIEW AUTHORITIES FOR DECISIONS AND APPEALS Table Annotations Decision Type Advisory Body Review Authority * Appeal Body Public Notification Specific Plan Amendment Planning Commission City Council N/A Yes Zoning Amendments Zone Text Amendment Planning Commission City Council N/A Yes Zone Change Planning Commission City Council N/A Yes Development Agreement Planning Commission City Council N/A Yes Historic Landmark Nomination Planning Commission City Council N/A Yes 765 SUMMARY OF REVIEW AUTHORITIES FOR SUBDIVISION APPLICATIONS (For reference only; Future discussion pending) Table Annotations Decision Type Advisory Body Review Authority * Appeal Body Public Notification Tentative Parcel Map - Planning Commission City Council Yes Consider administrative approval for 100% affordable projects. Vesting Tentative Map - Planning Commission City Council Yes Tentative Map Extensions - Director Planning Commission No Merger of Parcels - Director Planning Commission No Tentative Tract Map - Planning Commission City Council Yes Final Maps - City Council N/A No *Director is defined as the City’s Director of Community Development of their designee 766 Hb Zoning Draft Regulations: Administrative Procedures Feedback (LP) May 9, 2024 It is essential we make updates to our Zoning Ordinance regarding our Administrative Provisions and Procedures as straightforward and streamlined as possible. First, I want to convey how challenging this material is to digest for those in the public who are reviewing it for the first time. If we want to elicit public engagement we need to demonstrate how each section fits into the broader picture of our Zoning process. I recommend bringing back the Info Graphic that was deleted from the city website. Currently, the Zone-In web page displays an Overview of the process with links to different reports but the page fails to visually engage the audience and demonstrate how the meetings, documents, and public input opportunities shape the final result. Let’s agree on our goals for this process. We want to streamline code, increase certainty, improve clarity, create objective standards, and make our municipal code user friendly. Second, I have recommendations that are both structural in nature and content related. A. Format Recommendations 1.Introduction: Provide a short introduction on the significance of the following sections in Chapter 17. The last version of the Administrative Provisions (Oct 2022) contained a brief summary that provided helpful information to guide the reader through this material. It will further assist the user to understand how the different sections relate to each other. 2.Table of Contents: In the last version, Martha Miller presented a table of contents that helped the reader navigate the lengthly document to easily find information of interest. 3.Consistent Subheadings: There are several sections in the document that use different wordings to describe the same action. I recommend consistent subheadings so the reader can easily navigate each section. a. 17.10.20 Conditional Use Permits: the Subheading “Authority to Grant” is different from Review Authority b. 17.11.40 Minor Use Permits / Procedures: Sometimes ‘Public Notice’ and ‘Public Hearings are combined whereas in Chapter 17.12.30 Parking Plan they are separated. c. 17.17.80 Findings: the Subheading “Findings” is different from Required Findings. 4.Insert Links: Provide links to Ordinances so updates to the Municipal Code are easier to understand. Also, where the code includes language on permits, handouts, applications, and forms provide links to the city website so information can be easily located. 5.Timelines: Insert timelines for processes/procedures where appropriate. For example, if there is a stated timeframe on the city website for applications (i.e., Universal Planning Application – 30 days of acceptance to determine if the application is complete). B. Content Recommendations 1. 17.5.80 Fees – “It is stated all fees shall be paid at the time an application is filed..”. What is the rationale for making it financially burdensome to open a business or update a permit in our city? RECOMMENDATION: Review which fees cover actual costs versus those that could be charged at various intervals in the project. Let us support best practices that can right size the cost of applying for permits with actual work performed. 767 2. 17.6.50 Time Extension Request – Are there standardized time extension periods? If we can streamline with definitive time frames (ex: 1 year, 2 year), can the review authority be placed at the Director level in order to save time, cost, and resources? RECOMMENDATION: Streamline the time extension request process by creating definite time periods for permits. In doing so, standard requests can be reviewed at the Director level. 3. 17.6.50 Review Authorities for Decisions and Appeals: What is the “Certificate of Appropriateness?” Which projects would be subject to this decision type? What is the basis for the level of review authority? 4. 17.7.20 D3. Refund of fees – The costs of application fees can be enormous. Why aren’t partial refunds made on projects that aren’t started? For those whose applications are cancelled or redrawn before actual work is performed, what is the time frame for refunds? RECOMMENDATION: Include a rationale for why entire applications fees are not eligible for partial refunds if minimal city costs were incurred. In order to improve communication, include a time line of when refunds will be processed. 5. 17.7.60 E. Conduct of Public Hearings: Continuance of Public Hearing by the Planning Commission. The description is incomplete and does not make any sense. 6. 17.7.80 Scope of Approval: As stated, “a new use shall terminate all rights and approvals for previous uses no longer occupying the same site or location.” What is the rationale for creating this potential barrier to renting spaces in our commercial districts? This provision may have the unintended consequences of increasing vacancies and stagnation. It may take longer to fill spaces. RECOMMENDATION: Include a rationale for this specific provision. Allow market forces to create the demand for businesses in our city. ---- 7. 17.7.110 Revocation of Permits: As stated, “if no time period is specified, any permit granted under this title shall automatically expire when no project or use has been exercised...”. How are you measuring whether a permit has been exercised? What if there are funding issues and that is the reason for delay? RECOMMENDATION: If the review authority hasn’t specified any time frame include next steps beyond stating that the permit shall expire two years after the date of approval. Improve the communication process (ex: check-in dates, project status reminders, etc) so there is ample consideration for unforeseen obstacles. 8. 17.4.120 Interpretations and Determinations: Section A. Is not a clear sentence. As stated, “a request for an interpretation from the may be made for a use not listed in the Zone.” B. Findings: Under section B. it states, the Director may find a use that is not listed in the zone is allowed provided that following findings can affirmatively be made: 768 1. The characteristics of, and activities associated with, the proposed use are not more intense than those uses listed in the zoning district as allowable, and will involve a greater level of activity, population density, intensity, traffic generation, than uses listed in the zoning district. RECOMMENDATION: We have to ask ourselves do we want to attract more visitors or NOT. A few weeks ago we had a city meeting where we wanted active uses and thus need more foot traffic. We should not be creating code that states the potential opposite. 9. 17.55.070 Revocation: Section C. The use for which the administrative permit was granted has not been exercised for at least 12 consecutive months, or has ceased to exist, or has been abandoned. What is the purpose of the 12 month clock? How do you know its been abandoned or exercised? 10. 17.55.080 Expiration: We need more certainty if we want to stimulate investment. What is the rationale for the admin permit expiring? 11. 17.15.60 Periodic Review Requirement (Development Agreements) – What is the purpose of having the Planning Commission review these agreements every 12 months? Why does the applicant need to initiate the review 60 days prior to the anniversary date of approval? 769 1 Maricela Guillean To:Alexis Oropeza Subject:RE: Administrative Procedures feedback - Municipal Code and Zoning Group From: Tony Cordi <tony@theinnategroup.com> Sent: Friday, May 10, 2024 3:58 PM To: Carrie Tai <CTai@hermosabeach.gov>; Alexis Oropeza <aoropeza@hermosabeach.gov> Cc: Laura Pina <lpskin415@gmail.com>; jon415pier@gmail.com; Kathy Dunbabin <kathydunbabin@gmail.com>; Adam Malovani <malovani@worldofsoundproductions.com>; Aaron Olko, AIA, NCARB <aaron@telluris-arch.com>; Stacy Straus <stacy@esrour.com>; President HB Chamber <president@hbchamber.net> Subject: Administrative Procedures feedback - Municipal Code and Zoning Group Hi, Thank you again for the opportunity to meet you on Teams and to discuss the Administrative Procedures elements of the municipal code and zoning updates. I think the meeting yesterday was helpful for us, especially in regards to how we can best share our thoughts with you. Our overall objectives are to help streamline the application/approval processes as much as possible and to offer ideas on how all things code and zoning related are presented to the community. Stated another way, we want to make it as easy, fast, and economical as possible for businesses or property owners to go through the various application and approval processes. We are including feedback and suggestions in this email pertaining to the actual Administrative Procedures as well as to the broad category of presenting/communicating code and zoning information to the public. Finally, we are also adding some thoughts on development and design standards as graciously provided by a local architect who has recently joined our group. I invite any members of the group to add to this as appropriate. Administrative Procedures Attached please find specific feedback from Laura Pena. Here are some thoughts I had by Action category: Ministerial Action Zoning Clearance (17.8) - My initial thought is that there should be an easy way for new business owners and real estate agents to determine what type of use is allowed for a given location. I appreciate that this is really only applicable for business owners wishing to change the current use of a space to something else (a small percentage of tenant changes). For example, Beckers, a retailer, is out and a wellness-type business is being proposed. This represents a change of use. I am not the agent representing the new tenant and so I do not know if the new tenant is aware of what lies ahead for them with 770 2 respect to the change in use process. Another example of change in use would be Drive taking over Rose Cleaners. - Would it be possible to add a section to the city website or perhaps build on the current Guide to Starting a Business section of the site that has easy to follow links to the zoning map and to the use table from the Municipal Code? I am not sure that a lot of new tenants or prospective tenants know what they might be getting into if they want to change the current use of a space. My concern relates to what I will know refer to as a Lease-Use conundrum. Some new tenants may be signing leases before they know for sure that their use would be allowed at a given location. This can be problematic at best. - Would it be possible to have a list of prohibited uses that is easily accessed? - Would it be possible to build on the use list or at least have a path forward to do so? I am not thinking to the very extensive list used by the city of LA, but more comprehensive nonetheless. - Are pre-meetings a requirement for this? If not, they should at least be strongly encouraged so as to prevent confusion, misunderstandings, etc. Perhaps this might prevent some groups from attempting to move forward with their proposed use, possibly saving them time and money. Administrative Action No comments at this time. Quasi-Judicial Action CUP (17.10) - Same thoughts about presentation and information access as provided above in Zoning Clearance. Likewise, for pre-application meetings. - Is the Planning Director (17.10.150) the same as the Community Development Director? - Any chance the Planning Commission would consider allowing the Director to authorize the entitlement of a restaurant use to get a beer and wine license for locations under 2,000 sq ft? Redondo Beach allows for this in certain zones. - What is the cut-off with respect to operating hours for a restaurant to be considered late night? If it is not 11 pm, is there a way to make it so? - Is there a way to rethink the food to alcohol ratios that appear in certain CUPs? There are examples of neighboring restaurant spaces being held to different standards on this. - Is there still discussion around lifting the parking requirements for changes in use under 3,000 sq ft? Having this take effect would be hugely helpful. Minor CUP (17.11) - Is there a way to better define what constitutes a minor use change? For example, what if a restaurant wants to add an hour of operation in the morning? Or change the hours of the day they can use their patio or how many TV monitors they are allowed, etc.? Or how about the food/alcohol ratios? Legislative Action 771 3 No comments at this time. Presentation and Communication Guide to starting a business section of city website: - Provide more context for the application forms section/link under Planning Division - Perhaps add a link to the zoning map - Perhaps add a link to prohibited uses - Have a link to the uses table and perhaps build on the types of uses - Business licenses are for non-bricks and mortar businesses as well - There is a broken link under Building Permit - Perhaps add the ABC matrix under Alcohol Licensing section with some context From Laura Pena: Here are my thoughts on Communication (written, presented material) - Not all areas are related to the Admin Provisions but since we have a captive audience I thought I would add a few points. There are several areas where communication could be improved in our city. a. Legal Obligation vs. Comprehension Focused: The municipal code is a collection of laws passed by our local governing body. Most community members (business or resident) aren't familiar with how to read or comprehend how the code relates to their inquiry. If we can provide an introduction and table of contents for each main section that would be helpful. Use infographics that incorporate a how-to-guide with examples on how to answer most frequently asked questions regarding the code. Clearly defining terms in the beginning of each section has been incredibly useful. Create links to the ordinances so the user can understand the context of the code updates. b. Visual Aids: Incorporate color coding to assist the user navigate our fee charts. Manhattan Beach's Community Development Fee Schedule categorizes material according to the Planning Fees, Traffic Engineering, Building Division, Permits, Mechanical, Electrical, Plumbing, Right of Way, and New Construction examples. The material builds on how you would use the information. The chart has consistent formatting so comprehension is greatly enhanced. c. Powerpoint presentations: Include powerpoint documents in the staff report so the reader can understand highlighted material and follow along easier. d. Pre-Application Meetings: Create guides on how to consolidate necessary information (see Zoning Best Practices attached). The current Universal Planning Application is comprehensive but maybe unnecessary for simple inquiries. e. Guide to Starting A Business: Here is an example of a visual user guide to navigate the reader through the process. Create a survey for users to measure effectiveness and what areas need to be improved. We have a Business Liaison in our city. The name and contact information should be on the first page, not just an email address. In addition, the Chamber of Commerce information is on the last page of this document. One of the benefits of joining the Chamber is not just for marketing assistance but we are a tremendous resource to answer questions in the beginning of a business' interest in our city. Perform periodic checks 772 4 on the user guide to ensure links are accurate. For example, the Building Permit link creates a "Server Error in '/' Application. f. Best Feedback Practices: Clarify how your audience can provide constructive feedback. It's not enough to ask users to provide ecomments or public comments at city meetings because we don't receive any feedback on our submissions. In order to enhance better feedback loops - 1) Build relationships with key leaders and organizations (Chamber, Ad hoc Committee, Advisory Body) for important strategic goals that could impact our general plan; 2) Utilize a Town Hall format for important issues so community members can ask questions and receive feedback in a timely manner; 3) Know your target audience. For our Housing Element we only had 26 people fill out the survey. Now, we know more people are interested in housing related issues. Investigate apps like CitizenLab to engage our community and enhance participation; 4) Eliminate barriers and be sensitive to constraints. Our parking permits can no longer be handled at City Hall. Community members must use the online site. Communicate exceptions since not everyone has access to a computer; and 5) Communicate results to our community on a regular basis. In 2022, our city allocated 100k for a citywide internal audit program that would focus on maintaining and implementing best management practices in order for the city to provide a high value of services to its community members in a cost-efficient manner. I'm still waiting on the results of this audit. Communicate the results!! Development and Design Standards From an architect in the group: I did some research into the Development & Design Standards for neighboring communities as well as City of Pasadena. In summary, each community provides similar information to Hermosa Beach, however some communities make the information accessible and easier to digest. · Manhattan Beach: It appears that Manhattan has a variety of handouts to help the community understand what can and cannot be built. They have diagrams on the handouts, but altogether are a bit disjointed in their presentation. · Redondo Beach: Redondo Beach appears to have a more cohesive Development Standard document (Design Standards). The document covers all Residential development, including ADUs and Multi-Family. · City of Lawndale: Lawndale has tabulated information for both Residential and Commercial, as well as a Residential Development Standards and Design Guidelines document, which is intended to make the development standards palatable. · City of Pasadena: Pasadena has been lauded for their successful planning and development approach and has a well-organized website to assist with development. I recommend spending a few minutes poking around to see their structure and the information they provide. To convey their Development Standards, they provide a very clean and concise document for Design Guidelines for Commercial and Multi-Family Districts. In terms of combining both Development Standards and Design Standards, the document from the City of Lawndale may be the most comprehensive by how it covers both aspects of development. 773 5 Regards, Tony Cordi President, The Innate Group 310-213-2703 CA DRE #01783119 www.theinnategroup.com tony@theinnategroup.com 774 Public Notification Package - ZONE TEXT AMENDMENT (TA24-01) 775 776 777 City of Hermosa Beach PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Hermosa Beach shall hold a public hearing on Tuesday, May 21, 2024 at 7:00 PM to consider the following: A ZONE TEXT AMENDMENT (TA24-01) TO AMEND TITLE 17 OF THE HERMOSA BEACH MUNICIPAL CODE (HBMC) PERTAINING TO ADMINISTRATIVE PROCEDURES A PART OF THE COMPREHENSIVE ZONING CODE UPDATE. THE PROPOSED CHANGES INCLUDE: 1) REPEALING AND REPLACING THE FOLLOWING CHAPTERS OR SECTION OF THE MUNICIPAL CODE: a. DECLARATION OF PURPOSE b. VARIANCES c. PRECISE DEVELOPMENT PLANS d. CONDITIONAL USE PERMIT e. DEVELOPMENT AGREEMENTS f. ADMINISTRATIVE PERMIT g. AMENDMENTS h. PROCEDURES, HEARINGS, NOTICES, AND FEES i. HOUSING ACCESSIBILITY – REASONABLE ACCOMMODATION FOR DISABILITY; 2) REPEALING PROCEDURES FOR MOVING BUILDINGS; 3) AMENDING THE MUNICIPAL CODE TO ADD PROCEDURES FOR THE FOLLOWING: a. REVIEW AUTHORITIES b. COMMON PROCEDURES c. GENERAL PLAN AMENDMENT d. MINOR EXCEPTIONS e. TEMPORARY USE PERMITS f. MINOR USE PERMITS g. ZONING CLEARANCE h. SPECIFIC PLANS i. COASTAL ZONING CLEARANCE j. PARKING PLANS; AND 4) AMENDING THE ZONING CODE TO ADD AND REVISE DEFINITIONS. ENVIRONMENTAL DETERMINATION: PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) THE PROPOSED PROJECT IS EXEMPT PURSUANT TO STATE CEQA GUIDELINES SECTION 15061(B)(3) AS IT CAN BE SEEN WITH CERTAINTY THAT THE SUBJECT MODIFICATIONS WOULD NOT HAVE THE POTENTIAL FOR SIGNIFICANT EFFECT UPON THE ENVIRONMENT, AND THEREFORE THE ACTIVITY IS NOT SUBJECT TO CEQA. SAID PUBLIC MEETING is open to the public and being held in-person in the City Hall Council Chambers located at 1315 Valley Drive, Hermosa Beach, CA 90254. Public comment is only guaranteed to be taken in person at City Hall during the meeting or prior to the meeting by submitting an eComment, email or letter for an item on the agenda. 778 As a courtesy only, the public may view and participate on action items listed on the agenda via the following: ZOOM - https://us02web.zoom.us/j/82539742028?pwd=OUNTRDNvd2l6TzBpTDljc2x6bGFwdz09 Meeting ID: 825 3974 2028 Password: 207860 PHONE - Toll Free: (833) 548-0276; Meeting ID: : 825 3974 2028, then #; Passcode: 207860 PLEASE BE ADVISED that while the City will endeavor to ensure these remote participation methods are available, the City does not guarantee that they will be technically feasible or work all the time. Further, the City reserves the right to terminate these remote participation methods (subject to Brown Act restrictions) at any time and for whatever reason. Please attend in person or by submitting an eComment prior to the meeting to ensure your public participation. To guarantee live time viewing and/or public participation, members of the public shall attend in Council Chambers. CABLE TV - Spectrum Channel 8 and Frontier Channel 31 in Hermosa Beach YOUTUBE - https://www.youtube.com/c/CityofHermosaBeach90254 LIVE STREAM - www.hermosabeach.gov and visit the Agendas/Minutes/Videos page To comply with the Americans with Disabilities Act of 1990, Assistive Listening Devices (ALD) are available for check out at the meeting. If you require special assistance to participate in this meeting, you must call or email the Office of the City Clerk at (310) 318-0204 or at cityclerk@hermosabeach.gov at least 48 hours before the meeting. IF YOU 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 above-listed departments at, or prior to, the public meeting. FOR FURTHER INFORMATION, please contact the Community Development Department at (310) 318-0235 or CommunityDevelopment@hermosabeach.gov. Department hours are 7:00 AM to 6:00 PM, Monday-Thursday. A copy of the agenda and staff report(s) will be available for public review 72 hours in advance of the meeting on the City’s website at www.hermosabeach.gov. Carrie Tai, AICP Director of Community Development 779 Raymond Dussault To the Hermosa Beach Planning Commission: The City has proposed changes to how Conditional Use Permits (CUPs) are approved and overseen. At some point, staff suggested putting a five-year expiration on new CUPs. This is a bad idea as it will discourage businesses from investing in Hermosa. For example, before Vista, which I love despite their minor renovation of the Mermaid property, another business met with the property owner. They intended to invest $5 million in a complete renovation to create an upscale restaurant. However, the property owner would only agree to a five-year lease, leading the business to withdraw as they couldn't amortize their investment over such a short period. This proposal may have been removed from the City's current plans, but I reached out to the city and received no response. Regardless, there is no justification for creating such a barrier to investment. Second, an earlier version of the proposal appeared to shift CUP oversight from the Planning Commissioners to the City Manager and Chief of Police. Again, I reached out to the city for confirmation but received no response. The Planning Commission has previously rejected this idea, and I urge you to ensure it is not part of the current proposed changes. Five-Year Expiration on CUPs: Implementing a five-year expiration on new CUPs is detrimental. Such a policy will deter businesses from making significant investments due to the short amortization period. A notable case was the withdrawal of a business willing to invest $5 million in a full renovation of the Mermaid property, which was halted due to the property's five-year lease limitation. This policy, if enacted, will lead to missed opportunities and stagnation in business growth and development. We need policies that attract and sustain long-term investments, ensuring economic vitality in Hermosa Beach. Shifting CUP Oversight: The suggestion to transfer CUP oversight from the Planning Commission to the City Manager and Chief of Police is equally concerning. The Planning Commission, with its specific mandate and experience, is best suited for this role. This shift could lead to less transparency, reduced community input, and potential conflicts of interest. The Planning Commission's role is crucial in maintaining a balanced and fair approach to business development in Hermosa Beach. Ensuring that CUP oversight remains with the Planning Commission is essential for maintaining community trust and effective governance. In conclusion, I strongly urge the Planning Commission to reject the five-year expiration proposal for CUPs and to ensure that oversight remains with the Planning Commission. These changes are crucial for fostering a positive business environment and encouraging long-term investments in Hermosa Beach. 780 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 24-0223 Honorable Chair and Members of the Hermosa Beach Planning Commission Regular Meeting May 21, 2024 PLANNING COMMISSION TENTATIVE FUTURE AGENDA (Administrative Assistant Melanie Hurtado) Recommended Action: Staff recommends Planning Commission receive and file the June 18,2024 Planning Commission tentative future agenda. Attachments: Planning Commission June 18, 2024 Tentative Future Agenda Respectfully Submitted by: Melanie Hurtado, Administrative Assistant Approved: Carrie Tai, Community Development Director City of Hermosa Beach Printed on 5/15/2024Page 1 of 1 powered by Legistar™781 F:\B95\CD\PC\2024\06-18-24\Planning Commission Tentative Agenda for June 18 2024.docx Revised 05/01/2024 9:35 AM Tentative Future Agenda PLANNING COMMISSION City of Hermosa Beach June 18, 2024 Regular Meeting 7:00 PM Project Title Public Notice Meeting Date 138 1st Street (Public Hearing) PDP for a Duplex 6/8/24 6/18/24 703 Pier Avenue (Public Hearing) CUP and PDP 6/8/24 6/18/24 Tri-Annual Report for Nov. 1, 2023 to Apr. 30, 2024 (Staff Item) n/a 6/18/24 Zoning Code Update: Commercial and Industrial Zoning Regulations (Staff Item) n/a 6/18/24 Upcoming and Pending Projects ⇒ Tri-Annual Report for Nov. 1, 2023 to Apr. 30, 2024 (Public Hearing in July) 782 Page 1 of 57 ORD #23-1471 CITY OF HERMOSA BEACH ORDINANCE NO. 23-1471 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE HERMOSA BEACH MUNICIPAL CODE TO IMPLEMENT HOUSING ELEMENT POLICIES AND PROGRAMS, AND DETERMINE PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT THAT THE PROJECT IS CONSISTENT WITH THE PLAN HERMOSA ENVIRONMENTAL IMPACT REPORT THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The alphabetical list of definitions in Section 17.04.040 (General definitions) of Chapter 17.04 (Definitions) of Title 17 (zoning) is amended to include the following definitions, in alphabetical order: Emergency shelters shall include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care with minimal supportive services that limits occupancy by homeless persons to six (6) months or less in any year, and does not deny occupancy due to a person’s inability to pay. Low Barrier Navigation Center. A Housing First, low barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low Barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following: a.The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth. b.Pets. c.The storage of possessions. d.Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms. Residential Care Facilities. A facility licensed by the state of California to provide living accommodations, 24-hour care for persons requiring personal services, supervision, protection, or assistance with daily tasks. Amenities may include shared living quarters, with or without a private bathroom or kitchen facilities. This use classification includes those both for and not-for-profit institutions, but excludes Supportive Housing and Transitional Housing. DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 578783 Page 2 of 57 ORD #23-1471 Residential Care Facility, Small. A facility that is licensed by the state of California to provide care for six or fewer persons. Residential Care Facility, Large. A facility that is licensed by the state of California to provide care for more than six persons. Residential Facility, Assisted Living. A facility that provides a combination of housing and supportive services for the elderly or functionally impaired, including personalized assistance, congregate dining, recreational, and social activities. These facilities may include medical services. Examples include assisted living facilities, retirement homes, and retirement communities. These facilities typically consist of individual units or apartments, with or without kitchen facility, and common areas and facilities. The residents in these facilities require varying levels of assistance. Supportive Housing. Pursuant to Health and Safety Code 50675.14, “means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing his or her ability to live and, when possible, work in the community. For purposes of this definition, "target population" means to people with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly people, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and people experiencing homelessness. Transitional Housing: Transitional housing is a type of supportive housing and configured as a rental housing development, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance. Work/Live Unit. A Work/Live unit is defined as a single unit (e.g., studio, loft, or one bedroom) consisting of both a non-residential and a residential component that is occupied by the same resident. SECTION 2. The following list of definitions in Section 17.04.040 (General definitions) of Chapter 17.04 (Definitions) of Title 17 (zoning) is hereby deleted: Medical or residential care facility means a nursing and convalescent home as licensed by State Department of Public Health, and includes residential care homes as licensed by State Department of Social Welfare Services, Community DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 579784 Page 3 of 57 ORD #23-1471 Care Licensing Division. This term also includes group living quarters housing persons placed by an authorized agency for rehabilitation purposes and is funded by or licensed by or is operated under the auspices of an appropriate federal, state or county governmental agency. Transitional housing and transitional housing development means buildings configured as rental housing developments, but operated under federal, state or local housing program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six (6) months. Transitional housing is a residential use subject to the same regulations and procedures that apply to other residential uses of the same type in the same zone. SECTION 3. Section 17.06.010 (Names of Zones) of Chapter 17.06 (Establishment of Zones) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is amended to read as follows: In order to classify, regulate, restrict and segregate the uses of land and buildings, to regulate and restrict the height and bulk of buildings and to regulate the area of yards and other open spaces about buildings and to regulate the destiny of population, eightteen (18) classes of zones are by this ordinance established to be known as follows: SPA Specific Plan Areas R-1 Single-family residential zone. R-1A Two dwelling units per lot zone. R-2 Two-family residential zone. R-2A Medium Density residential (22) zone. R-2B Limited multiple-family residence zone. R-3 Multiple-family residential zone. MHP Mobilehome park development district. R-P Residential professional zone. C-1 Limited business and residential. C-2 General commercial district. DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 580785 Page 4 of 57 ORD #23-1471 C-3 General and highway commercial district. M-1 Light manufacturing zone. PF Public facility zone. RPD Residential planned development. O-S Open space zone. O-S-1 Restricted open space zone. O-S-2 Restricted open space zone. Where areas are shown upon the zoning map enclosed with an O, the areas thus shown are intended to approximate the future location for that type of land use indicated by the symbol therein enclosed within a circle. (See Chapter 17.42.) Uncircumscribed symbols within such designated areas represent classification. SECTION 4. Subsection (F), (J) and (N) of Section 17.08.020 (Permitted Uses) of Chapter 17.08 (R-1 Single Family Residential Zone) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is amended to read as follows: F. Supportive and Transitional Housing for six (6) or fewer persons. J. Residential Care Facilities – Small. N. Residential Facility, Assisted Living. SECTION 5. Subsection (P) of Section 17.08.020 (Permitted Uses) of Chapter 17.08 (R-1 Single Family Residential Zone) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is hereby added to read as follows: P. Residential Care Facilities – Large SECTION 6. Subsection (B) of Section 17.12.010 (Permitted Uses) of Chapter 17.12 (R-2 Two Family Residential Zone) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is amended to read as follows: B. Attached, and/or detached multiple-family dwelling units; (Refer to Chapter 17.58) SECTION 7. Subsection (E) of Section 17.12.010 (Permitted Uses) of Chapter 17.12 (R-2 Two Family Residential Zone) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is hereby added to read as follows: DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 581786 Page 5 of 57 ORD #23-1471 E. Supportive and Transitional Housing meeting requirements set forth in 17.42.220. SECTION 8. Chapter 17.13 (R-2A – Medium Density Residential (22)) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is hereby added to read as follows: 17.13.010 Permitted uses. The purpose of the R-2A zone is to allow the same uses as R-2, but allow for development of a minimum density of 22 dwelling units per acre. In an R-2 zone only the following uses that are hereinafter specifically provided and allowed are permitted, subject to the provisions of Chapter 17.44 governing off-street parking requirements: A.Any use permitted in the R-1 (one-family) residential zone; B.Attached, and/or detached multiple-family dwelling units; C.Condominium developments consistent with the provisions of the condominium ordinance of the City; D.Conditional uses as set forth in Chapter 17.40. E.Supportive and Transitional Housing meeting requirements set forth in 17.42.220 17.13.015 Short term vacation rentals prohibited. It shall be unlawful for any person to offer or make available for rent or to rent (by way of a rental agreement, lease, license or any other means, whether oral or written) for compensation or consideration a residential dwelling, a dwelling unit or a room in a dwelling for less than thirty (30) consecutive days. It shall be unlawful for any person to occupy a residential dwelling, a dwelling unit or a room in a dwelling for less than thirty (30) consecutive days pursuant to a rental agreement, lease, license or any other means, whether oral or written, for compensation or consideration. 17.13.020 Development standards. A.Building Height. Any building shall not exceed a maximum of thirty (30) feet in height. B.Front Yard. Every lot shall have a front yard setback equal to at least five (5) feet unless a greater than five (5) foot setback is indicated on the official zoning map of the City, in which case, the larger figure shall apply. C.Side Yards. Every lot shall have a side yard on each side of the lot equal to ten (10) percent of the width of the lot, provided such side yard shall not be less than three (3) feet in width and need not exceed five (5) feet in width. D.Rear Yard. Every lot shall have a rear yard not less than five (5) feet in depth. The second floor can be three (3) feet from the property line. On any alley DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 582787 Page 6 of 57 ORD #23-1471 the rear yard requirement is a depth of three (3) feet from the property line on the first floor and one (1) foot from the property line on the second floor. E.Additional Yard Regulations. R-2A zones shall be subject to additional yard regulations as provided in Chapter 17.46. 17.13.030 Off-street parking. Off-street parking requirements and regulations for the R-2 zone are provided in Chapter 17.44. 17.13.040 Lot area. The minimum lot area for new lots in the R-2 zone created by subdivision or other means shall be four thousand (4,000) square feet. 17.13.050 Lot area per dwelling unit. The minimum lot area per dwelling unit shall be not less than one thousand seven hundred fifty (1,750) square feet. 17.13.060 Permissible lot coverage. All buildings, including accessory buildings, shall not cover more than sixty-five (65) percent of the area of the lot. 17.13.070 Placement of buildings. Placement of buildings on any lot shall conform to the following: A.No building may occupy any portion of the required yard. B.Any building used for human habitation shall not be located closer to the rear property line than a distance of five (5) feet; however, where a rear yard abuts a street or alley, the building may be located three (3) feet from the rear property line on the first floor and one (1) foot from the property line on the second floor. C.The distance between any buildings used for human habitation shall be not less than six (6) feet. The distance between a main building and an accessory building shall be not less than six (6) feet. 17.13.080 Open space. There shall be a minimum of three hundred (300) square feet of usable open space per dwelling unit. DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 583788 Page 7 of 57 ORD #23-1471 A.One hundred (100) square feet of the required open space shall be directly accessible to and at the same floor level of the primary living area of each unit. B.Each qualifying open space area may be covered up to fifty (50) percent but shall not be enclosed on more than two (2) sides by building walls or guardrails greater than forty-two (42) inches in height. A trellis may be allowed to cover an entire open area so long as the open areas between the trellis beams is equal to or exceeds the area required to remain open and uncovered. C.The minimum dimension of open space areas shall be seven (7) feet by seven (7) feet. D.Open space areas may include pools, spas, gardens, play equipment, decks over non-living areas, and decks over living areas of the same dwelling unit but shall not include driveways, turning areas, parking areas and required front, rear and side yard areas. E.Roof Decks. A maximum of one hundred (100) square feet of required open space may be provided on a roof deck, with minimum dimension of seven (7) feet by seven (7) feet. For the purposes of this section, "roof deck" is defined as the walkable or otherwise usable open space area located above the roof framing of the building, the only access to which is from the floors below. F.When computing open space in conjunction with yard areas, only an area which exceeds the minimum required yard area may be counted toward open space and only if the overall dimension of the required setback and the exceeding area together has a dimension of at least seven (7) feet in width and length. G.Circular, triangular, odd and/or unusual shaped open space areas shall have a minimum of forty-nine (49) square feet in area as well as minimum seven (7) foot dimensions. H.Decks, balconies or similar areas which extend over more than one (1) dwelling unit shall have a minimum S.T.C. rating of fifty-eight (58). I.Each development of five (5) or more units shall provide one hundred (100) square feet of common open space area or facility per unit in addition to required open space. The common open space area may include play area, pool, spa, recreation room, gym, garden and similar amenities for the common use of all owners, but shall not include driveways, turning areas, parking areas, and required front, rear and side yard areas. 17.13.090 Lot width. Every lot shall have a width of not less than forty (40) feet at the rear line of the required front yard. 17.13.100 Sign regulations. DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 584789 Page 8 of 57 ORD #23-1471 All signs in the R-2A zone shall conform to the requirements and regulations of this code. SECTION 9. Subsection (B) of Section 17.14.010 (Permitted Uses) of Chapter 17.14 (R-2B Limited Multiple-Family Residential Zone) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is amended to read as follows: B. A two (2) family dwelling unit per lot; provided, that it is designed for families as a duplex or condominium; a detached one (1) family dwelling will be allowed if one (1) existed on the lot on the effective date of the ordinance codified in this chapter, provided all yard requirements are conformed to; (Refer to Chapter 17.58 for multiple-family dwellings and 17.22 for condominiums) SECTION 10. Subsection (E) of Section 17.14.010 (Permitted Uses) of Chapter 17.14 (R-2B Limited Multiple-Family Residential Zone) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is hereby added to read as follows: E. Supportive and Transitional Housing meeting requirements set forth in 17.42.220. SECTION 11. Subsection (B) of Section 17.16.010 (Permitted Uses) of Chapter 17.16 (R-3 Multiple-Family Residential Zone) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is amended to read as follows: B. Multiple dwellings; (Refer to Chapter 17.58) SECTION 12. Subsection (E) of Section 17.16.010 (Permitted Uses) of Chapter 17.16 (R-3 Multiple-Family Residential Zone) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is hereby added to read as follows: F. Emergency shelters (Refer to Section 17.42.210) SECTION 13. Section 17.16.020 (Height) of Chapter 17.16 (R-3 Multiple-Family Residential Zone) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is amended to read as follows: Intent and Purpose. The intent and purpose of this section is to set a standard height limit for most projects in scale with existing development and to minimize view obstruction. However, to recognize that pre-existing development in some neighborhoods and/or clusters of lots are already predominately built higher that the height limit, this section also allows some projects to exceed the height limit to enable property owners to enjoy the same rights to view, sunlight and air enjoyed by those property owners with the higher buildings. This section further sets forth the conditions and design criteria for determining whether a project is allowed to exceed the height limit. DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 585790 Page 9 of 57 ORD #23-1471 A.No building shall exceed thirty (30) feet in height unless in compliance with subsections (B), (C), or (D) of this section. Refer to Chapter 17.22 for additional height requirements for condominium projects located adjacent to walk streets. B.The planning commission shall hold a public hearing and may grant or conditionally grant an exception to allow a multiple- or single-family building to exceed thirty (30) feet in height up to a maximum of thirty-five (35) feet in height when all of the following conditions are met to the satisfaction of the planning commission (subject to appeal to the city council pursuant to Section 17.58.040): 1.An extension above the height limit is necessary to take advantage of a scenic view over surrounding structures which are already constructed above thirty (30) feet in height. Said structures already in excess of thirty (30) feet would otherwise significantly obstruct the proposed project’s view potential; 2.The proposed development is located between, and adjacent to, two (2) or more contiguous lots with buildings constructed in excess of the thirty (30) foot height limit; 3.The structural extension above thirty (30) feet will not adversely impact the available views, and access to sunlight and air of adjacent and surrounding properties; 4.If all the above conditions are satisfied, the following design features of the portion of the building above thirty (30) feet shall also be considered by the planning commission to determine if an exception should be granted: a.The style and pitch of the roof, b.The mass and bulk of the proposed structure above thirty (30) feet (in order to minimize bulk of the upper floor), c.The architectural appearance, as exhibited by the type, style, and shape of the structure and the proposed exterior materials. C.Application and public hearing requirements for processing exceptions to the height limit shall be in accordance with procedures established by the city council. Applicants for exceptions shall provide detailed topographical surveys and spot elevations of existing buildings for determining if existing building on adjacent lots exceed thirty (30) feet. D.Projects utilizing criteria under Section 17.42.100(B) – State Affordable Housing Density Bonus – may exceed the height limit per designated criteria. SECTION 14. Section 17.16.100 (Building Design Guidelines) of Chapter 17.16 (R-3 Multiple-Family Residential Zone) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is added to read as follows: All new development shall be subject to Section 17.42.250. DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 586791 Page 10 of 57 ORD #23-1471 SECTION 15. Section 17.20.100 (Building Design Guidelines) of Chapter 17.20 (R-P Residential Professional) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is added to read as follows: All new development shall be subject to Section 17.42.250. SECTION 16. Section 17.26.020 (Specific purposes) of Chapter 17.26 (C1, C2 and C3 Commercial Zones) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is amended to read as follows: A. In addition to the general purposes listed in Chapter 17.02 the specific purposes of the commercial zones are to: 1. Provide appropriately located areas consistent with the general plan for a full range of office, retail commercial, and service commercial uses needed by residents of, and visitors to, the City and region; 2. Strengthen the City’s economic base, and also protect small businesses that serve City residents; 3. Create suitable environments for various types of commercial and compatible residential uses, and protect them from the adverse effects of inharmonious uses; 4. Minimize the impact of commercial development on adjacent residential districts; 5. Ensure that the appearance and effects of commercial building and uses are harmonious with the character of the area in which they are located; 6. Ensure the provision of adequate off-street parking and loading facilities; 7. Provide sites for public and semi-public uses needed to complement commercial development or compatible with a commercial environment; B. The additional purposes of each zone are as follows: 1. C-1 Neighborhood Commercial Zone. To provide sites for a mix of small local businesses appropriate for, and serving the daily needs of nearby residential neighborhoods; while establishing land use regulations that prevent significant adverse effects on abutting residential uses. 2. C-2 Downtown Commercial Zone. To provide opportunities for a pedestrian-oriented range of office, retail, and service commercial uses specifically appropriate for the scale and character of the downtown, along with mixed-use opportunities including residential development, to form a resident and visitor serving downtown district. 3. C-3 General Commercial Zone. To provide opportunities for the full range of office, retail, service, mixed-use, and multi-family uses in a scale deemed suitable for the City, and appropriate for the Pacific Coast Highway and Aviation Boulevard commercial corridors. DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 587792 Page 11 of 57 ORD #23-1471 SECTION 17. Section 17.26.030 (C-1, C-2 and C-3 land use regulations) of Chapter 17.26 (C1, C2 and C3 Commercial Zones) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is amended to read as follows: C-1, C-2 and C-3 ZONES, LAND USE REGULATIONS P = Permitted -= Not Permitted A = Administrative Permit PDP = Precise Development Plan U = Conditional Use or Other Permit Required (See Chapter 17.40) Uses C1 C2 C3 See Section Mixed-Uses (residential uses with ground floor commercial use(s)) U PDP** PDP** PDP** 17.40.180 Residential PDP** PDP** PDP** 17.16 Low Barrier Navigation Center A A A 17.42.240 Residential Facility, Assisted Living A A A Residential Care Facilities – Small. P P P Residential Care Facilities – Large A A A 17.42.230 Supportive Housing, Up to 50 Units. A A A 17.42.220 Supportive Housing, Over 50 Units U U U 17.56 and 17.42.220 *Allowed by special permit by city council on public streets/right-of-way, pursuant to Section 12.12.070, and permitted by right on private property in conjunction with such a special permit. ** Housing Element Sites Inventory Overlay Sites (--HE) only SECTION 18. Section 17.26.050 (Standards and limitations.) of Chapter 17.26 (C1, C2 and C3 Commercial Zones) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is added to read as follows: J.Building design. Building design shall be provided as specified by Chapter 17.42.260. SECTION 19. Section 17.28.010 (Specific purposes) of Chapter 17.28 (M-1 Light Manufacturing Zone) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is amended to read as follows: In addition to the general purposes listed in Chapter 17.02, the specific purposes of the light manufacturing zone is to: DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 588793 Page 12 of 57 ORD #23-1471 A.Provide appropriately located areas consistent with the general plan for a range of light manufacturing, creative industrial, and “work/live” residential, including certain appropriate service commercial uses. B.Strengthen the City’s economic base and employment base by creating flexible zoning for existing small businesses that are owned by, serve and employ City residents. C.Create and maintain suitable environments for various types of light industrial use and compatible uses. D.Minimize the impact of development in the M-1 zone by allowing for creative transitions between small scale light industrial and adjacent residential districts. E.Ensure that the appearance and effects of buildings in the M-1 zone are harmonious with the character of the area which they are located. SECTION 20. Section 17.28.010 (Specific purposes) of Chapter 17.28 (M-1 Light Manufacturing Zone) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is hereby deleted: E.Ensure the provision of adequate off-street parking and loading facilities. SECTION 21. Section 17.28.020 (Permitted uses) of Chapter 17.28 (M-1 Light Manufacturing Zone) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is amended as follows: In the following matrix, the letter "P" designates use classifications permitted and the letter "U" designates use classifications permitted by approval of a conditional use permit. Use classifications not listed are prohibited. Section numbers listed under "see section" reference additional regulations located elsewhere in the Zoning Ordinance or Municipal Code. Work/Live PDP** Chapter17.58 Residential Uses PDP** Chapter 17.16 ** Housing Element Sites Inventory Overlay Sites (--HE) only SECTION 22. Section 17.28.030 (Standards and limitations) of Chapter 17.28 (M-1 Light Manufacturing Zone) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is amended as follows: Every use permitted or maintained in the M-1 zone shall be subject to the following: A.Parking. Parking shall be provided as specified in Chapter 17.44. B.Enclosures. All uses shall be conducted wholly within a building enclosed on all sides, except for the following: DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 589794 Page 13 of 57 ORD #23-1471 1.Outdoor uses permitted by conditional use permit as stated in the permitted use list; 2.Commercial parking lots; 3.Uses incidental to a use conducted primarily within a building located on the premises; provided, that such incidental uses are not conducted in whole or in part on sidewalks, public ways or within any required front or rear yard; and provided further, that such incidental uses are conducted within buildings. Where incidental uses are not conducted within a building, no part of the area devoted to the incidental uses shall be considered as part of the required parking facilities. All outdoor storage shall be substantially screened from public visibility, public streets, parks or other public places and property. C.Signs. Signs for this section are regulated by Section 17.50.140. D.Building Height. Any building may have a maximum of thirty-five (35) feet in height. E.Front Yard Setback. No lot need provide a front yard except as may be required by a precise plan. F.Alley Setback. Any building located on an alley shall maintain a distance of not less than three (3) feet from such alley. G.Rear and Side Yard Setback Adjacent to Residential Zones. A minimum rear and/or side yard setback of eight (8) feet shall be provided, and additional two (2) feet of setback shall be provided for each story over the first story for structures that abut residential zones, except where public rights-of-way, twenty (20) feet or greater in width, separate the M-1 zone from the residential zone. H.Landscaping Adjacent to Residential Zones. The required rear and/or side yard area shall be landscaped and provided with an automatic watering system. Size, quantity and type of landscaping shall be subject to review and approval by the planning director. Landscaping shall be appropriately maintained, trimmed and void of weeds. SECTION 23. Chapter 17.29 (Public Facility Zone) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is added as follows: 17.29.010 Intent The PF Zone is intended to provide for a broad range of government, institutional, educational, assembly, and community-serving uses. This Zone provides for government-owned facilities, civic-related administrative offices, community space, operational yards, educational or institutional facilities, and other public and quasi-public uses. The PF Zone implements the Public Facility General Plan Land Use Designation. 17.29.020 Permitted Uses DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 590795 Page 14 of 57 ORD #23-1471 USES P/U See Section Assembly Hall PDP Convention Hall PDP Government Facilities P Mini-Storage, Personal U 17.40.020 Monuments P Office, General P Parking Lot, and/or Structure (primary use) U Public Service Facilities P Residential PDP* 17.42.100 Wireless communication facility U 17.40.170 *Residential permitted uses shall be the same as those permitted in the R- 3, Multiple-Family Residential Zone, as contained in Section 17.16.010. 17.29.030 Development Standards Development regulations shall be as specified by the precise development plan in accordance with Chapter 17.58, provided that the need for a precise development plan does not conflict with state law. Building height limit is 35 feet. If it is determined a building was constructed prior to the codification of this code section, the building shall be valid and considered legal. SECTION 24. Section 17.38.540 (Plan area no. 11) of Chapter 17.38 (Specific Plan Areas) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is added as follows: Mixed Uses PDP** 17.42.100 ** Housing Element Sites Inventory Overlay Sites (--HE) only SECTION 25. Section 17.38.550(E) (Plan area no. 11 – Development standards.) of Chapter 17.38 (Specific Plan Areas) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is amended as follows: 1.No building shall exceed a maximum height of thirty (30) feet. SECTION 26. Chapter 17.39 (Housing Element Sites Inventory Overlay) is hereby added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows: 17.39.010 Intent and Purpose DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 591796 Page 15 of 57 ORD #23-1471 The purpose of the Housing Element Sites Inventory Overlay is to identify sites designated by the City’s Housing Element for satisfying the City’s Regional Housing Needs Assessment (RHNA). This Overlay implements the City’s Housing Element. Overlay sites shall be identified on the City’s Zoning Map with a symbol of “—HE” appended to the underlying zoning name (example: C2-HE). 17.39.020 Permitted Uses A.Uses permitted by the underlying zoning district. B.Uses permitted only for sites designated as a Housing Element Sites Inventory Overlay. 17.39.030 Minimum Density A.If a site designated as –HE is developed at a density that is below the minimum residential density anticipated in the City’s Housing Element, the City must either: 1.Make a finding that the remaining sites identified in the Housing Element are adequate to meet the City’s remaining RHNA for the Housing Element planning period by income category. This finding should include a quantification of the remaining unmet need for the City’s RHNA at each income level and the remaining capacity of sites identified in the Housing Element, to accommodate that need by income level; or 2.Make available sufficient sites to accommodate the remaining unmet RHNA for the income category within 180 days or other time frame as established by law, whichever is later. 17.39.040 Replacement Units A.If an application for development includes demolition of any of the following types of units existing within the past five (5) years, the application must include provisions for replacement: 1.Subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low- income; or 2.Subject to some form of rent or price control through a public entity's valid exercise of its police power; or 3.Occupied by lower or very low-income households. B.Replacement units must be in accordance with Government Code Section 65915(c)(3), including equivalency provisions for income level, size, and number. 17.39.060 Short term vacation rentals prohibited. For any unit constructed on a (--HE) site after [date of Housing Element certification], it shall be unlawful for any person to offer or make available for rent or to rent (by way of a rental agreement, lease, license or any other means, whether oral or written) for compensation or consideration a residential dwelling, DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 592797 Page 16 of 57 ORD #23-1471 a dwelling unit or a room in a dwelling for less than thirty (30) consecutive days. It shall be unlawful for any person to occupy a residential dwelling, a dwelling unit or a room in a dwelling for less than thirty (30) consecutive days pursuant to a rental agreement, lease, license or any other means, whether oral or written, for compensation or consideration. All developments must be accompanied by a restrictive covenant prohibiting short-term vacation rentals. SECTION 27. Section 17.40.010 (General Intent and purpose) of Chapter 17.40 (Conditional Use Permit and Other Permit Standards) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is amended as follows: The lists of conditions found within this chapter for various uses are intended to be standard conditions imposed on all such proposed uses as specified. These conditions are not intended to be the only conditions imposed, and each specific use noted may have additional conditions imposed by the decision- making body. Any additional conditions may be based on criteria found within this article for all uses requiring a conditional use permit and/or factors related to the specific use and location. SECTION 28. Section 17.40.020 (General criteria for all uses) of Chapter 17.40 (Conditional Use Permit and Other Permit Standards) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is hereby deleted: A.In considering the granting of any conditional use permit for any use, the following criteria for granting said permit shall be considered: B.Distance from existing residential uses; C.The amount of existing or proposed off-street parking facilities, and its distance from the proposed use; D.Location of and distance to churches, schools, hospitals and public playgrounds; E.The combination of uses proposed; F.Precautions taken by the owner or operator of the proposed establishment to assure the compatibility of the use with surrounding uses; G.The relationship of the proposed business-generated traffic volume and the size of streets serving the area; H.The proposed exterior signs and decor, and the compatibility thereof with existing establishments in the area; I.The number of similar establishments or uses within close proximity to the proposed establishment; J.Noise, odor, dust and/or vibration that may be generated by the proposed use; K.Impact of the proposed use to the City’s infrastructure, and/or services; DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 593798 Page 17 of 57 ORD #23-1471 L.Will the establishment contribute to a concentration of similar outlets in the area; M.Other considerations that, in the judgment of the planning commission, are necessary to assure compatibility with the surrounding uses, and the City as a whole. SECTION 29. Section 17.40.180 (Mixed Use Development (C-1 zone)) of Chapter 17.40 (Conditional Use Permit and Other Permit Standards) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is hereby replaced as follows: 17.40.180 Mixed-use development For uses allowed in the C-1 Zone and for Housing Element Sites Inventory Sites (-- HE) as part of a mixed-use development, the following conditions and standards of development, in addition to any other deemed necessary or appropriate to ensure compatibility with existing or permitted uses in the vicinity, shall be required: A.Mixed-Use Developments shall be subject to a Precise Development Plan in accordance with Chapter 17.58. B.Residential Development Standards. The residential portion of a mixed-use development shall be subject to the following development standards: 1.If the residential portion of a mixed-use development is a condominium development, then the development shall be subject to the condominium development standards as set forth in Chapter 17.22. 2.Rear and Side Yard setbacks shall be subject to Chapter 17.16. 3.Building design guidelines shall be subject to Chapter 17.42.260. 4.Building height shall be regulated by underlying zoning district the site is located. 5.The placement of buildings shall conform to the standards set forth in Chapter 17.16.050. 6.Any expansion of a structure that existed prior to (date of codification), to implement a mixed-use configuration, is subject to the standards of the underlying zone, and Chapter 17.52, relating to nonconforming structures. 7.Applicability of other standards. All other standards shall be governed by the sites underlying zoning district and the City zoning ordinance. C.Commercial Development Standards. In addition to the requirements of the commercial zone, the following standards shall apply to the mixed-use development. 1.Ground floor commercial spaces shall have a minimum average depth of 30-feet. 2.Building frontage shall be used for commercial purposes with the exception of entry-exit corridors and stairs for accessing the residential units, and/or for driveways to access parking. DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 594799 Page 18 of 57 ORD #23-1471 D.General Development Standards 1.Noise: Residential uses shall be separate from commercial uses by sound proofed floors and walls with minimum sound transmission rating as required for condominiums as set forth in Chapter 17.22. Commercial uses hours of operations shall be limited where appropriate so that residents are not exposed to offensive noise or activity. 2.Security: Entrances for residences shall be separate from non- residential uses and be independently accessible to pedestrian and parking areas. 3.Lighting: Outdoor lighting and lighting for signs associated with commercial uses designed so as not to adversely impact residences. No flashing, blinking or high intensity lighting. Adequate lighting to illuminate parking areas and corridors to access parking and public sidewalk. Lighting for signs may only be illuminated during business hours. E.Signs. Signs shall be limited to the commercial space frontage pursuant to the requirements of Chapter 17.50. F.Allowed Commercial Uses. Permitted commercial uses within a mixed-use development shall be as permitted in the underlying commercial zone with the following exceptions which shall not be permitted: 1.Late-night restaurants and bars; 2.Laundry and dry-cleaning businesses; 3.Parking lots and/or structures. G.Limitations on hours of operation. The hours of operation for any commercial use shall be limited to 8:00 a.m. to 10:00 p.m. H.Parking and Transportation Storage 1.Vehicle parking shall be in accordance with Chapter 17.44. a.Reduced vehicle parking may be planned in accordance with Section 17.44.210 Parking Plans. Application fees for Parking Plans that accompany a development for affordable housing may be waived; all other application fees apply. 2.Bicycle Parking Standards. a.Spaces Required. 1.Residential Uses. A minimum of one bicycle parking space shall be provided for every five units for Residential, Group Residential, and Single Room Occupancy. 2.Other Uses. Any establishment with 25 or more full time equivalent employees shall provide bicycle parking at a minimum ratio of one space per 25 vehicle spaces. b.Location. Bicycle parking must be located on the same lot as the use it serves. In parking garages, long-term bicycle parking must be located near an entrance to the facility. DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 595800 Page 19 of 57 ORD #23-1471 c.Security. Long-term bicycle parking must be in: 1.An enclosed bicycle locker; or 2.A fenced, covered, locked or guarded bicycle storage area; or 3.A rack or stand inside a building that is within view of an attendant or security guard or visible from employee work areas or within secure/restricted bicycle storage room; or 4.Other secure area approved by the Director. d.Size and Accessibility. 1.Each bicycle parking space shall accommodate a variety of bicycle types, but generally be a minimum of two feet in width and size feet in length. 2.Bicycles shall be accessible without moving another bicycle. 3.Access to a bicycle parking area shall not be through vehicle parking spaces. e.Bicycle Parking Reductions and Modifications. A modification for a reduction in the number of required bicycle parking spaces or to other standards of this Section may be granted pursuant to Section 17.44.210, Parking Plans, if the review authority finds that: 1.Adequate site space is not available on an existing development to provide bicycle parking; or 2.Reduced bicycle parking is justified by reasonably anticipated demand; or 3.Other criteria based on unusual or specific circumstances of the particular case as deemed appropriate by the review authority. I.Owner shall disclose separately and in writing upon sale or rental of the subject property that it is a mixed use development and permits commercial and residential uses. SECTION 30. Section 17.40.220 (Emergency shelters) of Chapter 17.40 (Conditional Use Permit and Other Permit Standards) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is hereby deleted: 17.40.220 Emergency shelters. This section sets forth requirements for the establishment and operation of emergency shelter facilities. A.Permit and Operational Requirements. The approval and operation of an emergency shelter shall be subject to the following requirements: DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 596801 Page 20 of 57 ORD #23-1471 1.Administrative Permit Required. Emergency shelters may be established and operated in the C-3, SPA-7 and SPA-8 zoning districts subject to the granting of an administrative permit in compliance with Chapter 17.55. 2.Management and Operations Plan. An application for an administrative permit to establish and operate an emergency shelter shall be accompanied by a management plan, which shall establish hours of operation, staffing levels and training procedures, maximum length of stay, size and location of exterior and interior onsite waiting and intake areas, admittance and discharge procedures, provisions for on-site or off-site supportive services, on-site and off-site security procedures, and protocols for communications with local law enforcement agencies and surrounding property owners. B.Development Standards. Emergency shelters shall conform to the following standards. 1.The maximum number of beds shall be ten (10). An additional four (4) beds may be provided for children under the age of eighteen (18) with a parent or guardian within designated family units. 2.A minimum separation of three hundred (300) feet, measured from the property line, shall be maintained between all emergency shelters. 3.Separate private shower and toilet facilities shall be provided for men, women and families. 4.Alcohol and narcotics use and consumption are prohibited both within the facility and on the property. No amplified music or sound is allowed. No animals are permitted (except guide dogs for the disabled or ordered by a doctor for medical reasons). 5.One parking space per three (3) beds, plus one (1) space for each staff member and volunteer on duty shall be provided. 6.Bicycle racks or bicycle lockers for three (3) bicycles shall be provided onsite near the facility. 7.Stays at the facility shall be on a first-come first-served basis. Clients may be admitted to the facility only between 6:00 p.m. and 8:00 a.m. The facility may remain open twenty-four (24) hours a day only if providing onsite accessory services. Clients have no guaranteed bed for the next night. The maximum length of stay at the facility shall not exceed one hundred eighty (180) days in a three hundred sixty-five (365) day period. 8.The facility may provide the following services in an area separate from sleeping areas, such as counseling services, laundry facilities to serve the clients at the shelter, client storage area such as for the storage of bicycles or personal items, or similar services geared to homeless clients. All such DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 597802 Page 21 of 57 ORD #23-1471 areas and facilities shall be located within a building, with the exception of bicycle parking. 9.A waiting area shall be provided which contains a minimum of ten (10) square feet per bed provided at the facility. The waiting area shall be in a location not adjacent to the public right of way, shall be visually separated from public view by a minimum six (6) -foot tall screening of mature landscaping or by a minimum six (6) foot tall decorative masonry wall, and shall provide consideration of shade and protection from the elements. 10. Security and Safety. A staff member shall be on-premises at all times the facility is open to clients. Security and safety shall be addressed for both on and off-site needs, including provisions to address the separation of male/female sleeping areas as well as any family areas within the facility. At a minimum, the plan shall contain provisions addressing security and safety. 11. Loitering Control. Measures regarding off-site controls to minimize the congregation of clients in the vicinity of the facility during hours that clients are not allowed on-site. 12. Management for Outdoor Areas. A system for daily admittance and discharge procedures, including monitoring for waiting areas, shall be developed to minimize disruption to nearby land uses. 13. Staff Training. A staff training program shall be maintained that provide adequate knowledge and skills necessary to assist clients in obtaining permanent shelter and income. 14. Communications. A communication and outreach plan shall be developed to maintain good communication and response to operational issues which may arise from the neighborhood, City staff, or the general public. 15. Client Eligibility. A screening program to determine client eligibility is required. The facility shall be required to utilize the Los Angeles County region’s current Homeless Management Information System. 16. Counseling Services. Provision of or links to counseling services are encouraged. Identify and describe the counseling programs to be provided as well as procedures that will be used to refer clients to outside assistance agencies. An annual report to the City on this activity is required. 17. Facility rules shall be conspicuously displayed in English and Spanish. 18. Litter Control. Litter and trash removal attributable to facility operations and its clients shall be provided. Graffiti shall be removed within twenty-four (24) hours. DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 598803 Page 22 of 57 ORD #23-1471 19. Any other reasonable additional specific needs identified by the planning director or police chief. (Ord. 13-1342 §7, 2013) SECTION 31. Section 17.42.100 (Affordable housing density bonus and incentive program) of Chapter 17.42 (General Provisions, Conditions and Exceptional Uses) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is hereby replaced as follows: 17.42.100 Affordable Housing A.General Provisions. 1.Compliance with State Law. The provisions of this section shall be governed by the requirements of Government Code Section 65915, as that statute is amended from time-to-time. Where conflict occurs between the provisions of this chapter and state law, the state law provisions shall govern, unless otherwise specified. 2.Median Income Levels. For the purpose of determining the income levels for households under this section, the City shall use the Los Angeles County income limits found in Title 25, Section 6932 of the California Code of Regulations, as regularly updated and published by the State Department of Housing and Community Development, or other income limits set forth in the general plan housing element or adopted by the city council if the State Department of Housing and Community Development fails to provide regular updates. 3.Compatibility. All affordable housing units shall be dispersed within market-rate projects whenever feasible. Affordable housing units within market-rate projects shall be comparable with the design and use of market-rate units in appearance, use of materials, and finished quality. The design and appearance of the affordable housing units shall be compatible with the design of the total housing project and consistent with the surrounding neighborhood. Forms, materials and proportions that are compatible with the character of the surroundings shall be used. 4.Availability. All affordable housing units shall be constructed concurrently with, and made available for qualified occupants at the same time as, the market-rate housing units within the same project unless both the City and the developer agree in the affordable housing agreement to an alternative schedule for development. 5.Effect of Granting Density Bonus. The granting of a density bonus and other incentives provided for by this section shall not by virtue of such incentives require a general plan amendment, zone change, variance or other discretionary approval, unless such approval would otherwise be required. B.State Affordable Housing Density Bonus. DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 599804 Page 23 of 57 ORD #23-1471 1.Density Bonus. Pursuant to Government Code Section 65915, the City shall grant a density bonus over the otherwise allowable maximum residential density permitted by this chapter and the general plan, in accordance with Government Code Section 65915 to 65918, inclusive. 2.Applicability. The provisions of subsection (B)(1) of this section shall be applicable to residential projects of five (5) or more units, and senior citizen housing developments of at least thirty-five (35) units. 3.Applicant May Request Smaller Density Bonus. Notwithstanding the foregoing, the City may award a smaller density bonus than specified in this section if the applicant so requests. C.Affordable Housing Concessions and Incentives. 1.Number of Incentives or Concessions. In addition to a density bonus, an applicant is entitled to receive incentives or concessions in accordance with 65915. 2.Proposal of Incentives and Findings. An applicant may propose specific incentives or concessions that would contribute significantly to the economic feasibility of providing affordable units pursuant to this chapter and state law. In addition to any increase in density to which an applicant is entitled, the City shall grant one or more incentives or concessions that an applicant requests, up to the maximum number of incentives and concessions required pursuant to subsection (C)(1) of this section, unless the City makes a written finding that either: a.The concession or incentive is not necessary in order to provide the proposed targeted units; or b.The concession or incentive would have a specific adverse impact that can not be feasibly mitigated on public health and safety or the physical environment or any property that is listed in the California Register of Historical Resources. 3.Types of Affordable Housing Incentives. Affordable housing incentives may be requested in accordance with Government Code Section 65915. The City may allow for fast-track and priority processing for a project with affordable housing. a.Other Incentives. Other regulatory incentives or concessions proposed by the developer or the City that result in identifiable cost reductions or avoidance. 4.Additional Affordable Housing Incentives. The City may allow for additional affordable housing incentives to be granted on a case- by-case basis, when requested by an applicant when more than fifty (50) percent of the affordable housing units provided contain three (3) or more bedrooms to meet the needs of large families. 5.Lot Consolidation Bonus. a.Multifamily residential developments proposed on lots zoned R-3, C-1, PF, SPA-11 or the Housing Element Sites Inventory DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 600805 Page 24 of 57 ORD #23-1471 Overlay (--HE) or allowing an equivalent or higher density meeting the minimum requirements for a density bonus pursuant to Section 17.42.100 shall be granted an additional density bonus as an incentive to acquire and combine two (2) or more parcels into a single building site according to the following formula: Combined Parcel Size Base Density Increase Less than 0.50 acre No increase 0.50 Acre to 0.99 Acre 5% Increase 1.00 Acre or More 10% Increase This lot consolidation bonus incentive shall be calculated prior to determining any density bonus pursuant to Section 17.42.100. Such projects shall be restricted in compliance with Section 17.42.100(E). b.Multifamily residential developments with less than five (5) units or a senior citizen housing development of less than thirty-five (35) units on lots zoned R-3, C-1, PF, SPA 11, or on the Housing Element Sites Inventory Overlay (--HE) or allowing an equivalent or higher density that otherwise meet the minimum requirements for a density bonus pursuant to Section 17.42.100 shall be granted reduced parking and lot development standards in Section 17.42.100(D)(3) as an incentive to acquire and combine two (2) or more parcels into a single building site. Such projects shall be restricted in compliance with Section 17.42.100(E). c.Applications for lot consolidations pursuant to this section processed concurrently with other land use entitlements shall be granted expedited processing of planning and building entitlements and no additional fee shall be charged for such expedited processing. D.Administration. 1.Application and Review Process. A preliminary review of development projects proposed pursuant to this section is encouraged to discuss and identify potential application issues, including proposed modifications to development standards. The applicant shall request in the application the incentives the applicant wishes to obtain. The application shall include financial data showing how the incentives are necessary to make the affordable units feasible. Applications shall be reviewed and processed according to the provisions of Chapter 17.58, Precise Development Plans. 2.Duration of Affordability of Rental Units. All lower income and very low income housing units shall be kept affordable for a minimum DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 601806 Page 25 of 57 ORD #23-1471 period of fifty-five (55) years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program, consistent with state law. 3. Definition of Affordability. Those units targeted for lower income households shall be affordable at a rent that does not exceed thirty (30) percent of sixty (60) percent of the area median income. Units targeted for very low income households shall be affordable at a rent that does not exceed thirty (30) percent of fifty (50) percent of area median income. Units targeted for moderate income households shall be affordable at a rent that does not exceed thirty-five (35) percent of one hundred ten (110) percent of area median income. Median income levels shall be the income limits for Los Angeles County households as provided for in subsection (A)(3) of this section, Median Income Levels. 4. Affordable Housing Agreement Required. An affordable housing agreement is required for all projects with affordable housing units, including those granted a density bonus pursuant to this section. All affordable housing projects shall be subject to the approval of an affordable housing agreement conforming to the provisions of Title 7, Division 1, Chapter 4, Article 2.5 of the Government Code, which shall be recorded as a covenant on the title to the parcel or parcels on which the affordable housing units will be constructed. The terms of the agreement shall be reviewed and revised as appropriate by the director and city attorney. This agreement shall include, but is not limited to, the following: a. Number of Units. The total number of units approved for the projects, including the number of affordable housing units. b. Target Units. The location, unit sizes (in square feet) and number of bedrooms of the affordable housing units. c. Target Group. A description of the household income groups to be accommodated by the project and a calculation of the affordable rent or sales price, or a commitment to provide a senior citizen housing development. d. Certification Procedures. The party responsible for certifying rents or sales prices of inclusionary units, and the process that will be used to certify renters or purchasers of such units. e. Schedule. A schedule for the completion and occupancy of the affordable housing units. f. Remedies for Breach. A description of the remedies for breach of the agreement by either party. g. Required Term of Affordability. For moderate income, lower income and very low income units, duration of affordability of the housing units, pursuant to Government Code Section 65915 Provisions should also cover resale control and deed DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 602807 Page 26 of 57 ORD #23-1471 restrictions on targeted housing units that are binding on property upon sale or transfer. h. Expiration of Agreement. Provisions covering the expiration of the agreement, including notice prior to conversion to market rate units and right of first refusal option for the City and/or the distribution of accrued equity for for-sale units. i. Other Provisions. Other provisions to ensure implementation and compliance with this chapter. j. Condominium and Planned Unit Developments. In the case of condominium and planned unit developments, the affordable housing agreement shall provide for the following conditions governing the initial sale and initial resale and use of affordable housing units: 1. Target units shall, upon initial sale, be sold to eligible very low, lower, or moderate income households at an affordable sales price and housing cost, or to qualified residents as defined by this chapter. 2. Target units shall be initially owner-occupied by eligible very low, lower, or moderate income households. 3. Upon resale, the seller of a target unit shall retain the value of any improvements, the down payment, and the seller’s proportionate share of appreciation. The City shall recapture its proportionate share of appreciation, which shall be used to promote home ownership opportunities as provided for in Health and Safety Code Section 33334.2. The City’s proportionate share shall be equal to the percentage by which the initial sale price to the targeted household was less than the fair market value of the dwelling unit at the time of initial sale. k. Rental Housing Developments. In the case of rental housing developments, the affordable housing agreement shall provide for the following conditions governing the use of target units during the use restriction period: 1. The rules and procedures for qualifying tenants, establishing affordable rent rates, filling vacancies, and maintaining target units for qualified tenants. 2. Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate compliance with this chapter. 3. Provisions requiring owners to submit an annual report to the City, which includes the name, address, and income of each person occupying target units, and which identifies the bedroom size and monthly rent or cost of each target unit. DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 603808 Page 27 of 57 ORD #23-1471 5. Notice of Conversions. Notice of conversions of affordable units to market-rate units shall be provided pursuant to the following requirements: a. General. At least a one (1) year notice shall be required prior to the conversion of any rental units for affordable households to market-rate. b. Required Notice. Notice shall be given to the following: 1. The City; 2. The State Housing and Community Development Department (HCD); 3. The Los Angeles County Housing Authority; 4. The residents of the affordable housing units proposed to be converted; and 5. Any other person deemed appropriate by the City. 6. Conversion of Affordable Rental Units. If an owner of a housing development issues a notice-of-intent to convert affordable housing rental units to market-rate housing, the City shall consider taking one (1) or more of the following actions: a. Meet with the owner to determine the owner’s financial objectives; b. Determine whether financial assistance to the current owner will maintain the affordability of the rental housing development or whether acquisition by another owner dedicated to maintaining the affordability of the development would be feasible; and c. If necessary to maintain the affordability of the housing unit or facilitate sale of the rental development, consider the use of redevelopment housing set-aside funds or assistance in accessing state or federal funding. 1. SECTION 32. Section 17.42.120 (Housing accessibility – Reasonable accommodation for disability.) of Chapter 17.42 (General Provisions, Conditions and Exceptional Uses) of Title 17 (Zoning) of the Hermosa Beach Municipal Code shall be replaced as follows: 17.42.120 Housing accessibility – Reasonable accommodation for disability A. Purpose and Applicability. 1. This section provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Fair Housing Laws in the application of zoning laws, building codes, and other land use regulations, policies and procedures. Fair Housing Laws means "Fair Housing Amendments Act of DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 604809 Page 28 of 57 ORD #23-1471 1988" (42 U.S.C. Section 3601, et seq.), including reasonable accommodation required by 42 U.S.C. Section 3604(f)(3)(B), and the "California Fair Employment and Housing Act" (California Government Code Section 12900, et seq.), including reasonable accommodation required specifically by California Government Code Sections 12927(c)(1) and 12955(l), as any of these statutory provisions now exist or may be amended from time to time. 2. A request for reasonable accommodation may be made by any person with a disability, his/her representative, or any business or property owner when the application of a zoning law, building code provision or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment, as those terms are defined in the Fair Housing Laws. 3. A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for the siting, development and use of housing or housing related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. Requests for reasonable accommodation shall be made in the manner prescribed by this section. 4. It is the intent of this section that, notwithstanding time limits provided to perform specific functions, application review, decision making and appeals proceed expeditiously, especially where the request is time sensitive, and so as to reduce impediments to equal access to housing. B. Application Submittal. 1. Any person with a disability may request a reasonable accommodation on a form supplied by the community development department including the following information, accompanied by a fee established by resolution of the city council: a. The applicant’s or representative’s name, mailing address and daytime phone number; b. The address of the property for which the request is being made; c. The specific code section, regulation, procedure or policy of the City from which relief is sought; d. A site plan or illustrative drawing showing the proposed accommodation; e. An explanation of why the specified code section, regulation, procedure or policy is preventing, or will prevent, the applicant’s use and enjoyment of the subject property; f. The basis for the claim that the Fair Housing Laws apply to the individual(s) and evidence satisfactory to the City supporting the claim, which may include a letter from a medical doctor or other DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 605810 Page 29 of 57 ORD #23-1471 licensed health care professional, a disabled license, or any other appropriate evidence; g. A detailed explanation of why the accommodation is reasonable and necessary to afford the applicant an equal opportunity to use and enjoy a dwelling in the City; h. Verification by the applicant that the property is the primary residence of the person(s) for whom reasonable accommodation is requested; and i. Any other information required to make the findings required by subsection (D) of this section consistent with the Fair Housing Laws. 2. A request for reasonable accommodation may be filed at any time that the accommodation may be necessary to ensure equal access to housing. 3. A reasonable accommodation does not affect or negate an individual’s obligations to comply with other applicable regulations not at issue in the requested accommodation. 4. If an individual needs assistance in making the request for reasonable accommodation, the City shall provide assistance to ensure that the process is accessible. 5. Should the request for reasonable accommodation be made concurrently with a discretionary permit, then the fee for a reasonable accommodation application may be waived provided that the prescribed fee shall be paid for all other discretionary permits. C. Reviewing Authority. 1. Applications for reasonable accommodation shall be reviewed by the Community Development Director or designee. D. Findings. The reviewing authority shall approve the request for a reasonable accommodation if, based upon all of the evidence presented, the following findings can be made: 1. The housing, which is the subject of the request for reasonable accommodation, will be occupied by an individual with disabilities protected under Fair Housing Laws; 2. The requested accommodation is reasonable and necessary to make housing available to an individual with disabilities protected under the Fair Housing Laws; 3. The requested accommodation will not impose an undue financial or administrative burden on the City, as defined in the Fair Housing Laws and interpretive case law; and 4. The requested accommodation will not require a fundamental alteration in the nature of the City’s zoning or building laws, policies and/or procedures, as defined in the Fair Housing Laws and interpretive case law. The City may consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of the City’s zoning or building program: DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 606811 Page 30 of 57 ORD #23-1471 a. Whether the requested accommodation would introduce uses not otherwise permitted in the neighborhood; and b. Whether granting the requested accommodation would substantially undermine any express purpose of either the City’s general plan or an applicable specific plan. E. Decision. 1. The review authority shall consider an application, and issue a written determination within forty (40) calendar days of the date of receipt of a completed application. 2. If necessary to reach a determination on any request for reasonable accommodation, the review authority may request further information from the applicant consistent with this section, specifying in detail what information is required. In the event a request for further information is made, the applicable time period to issue a written determination shall be stayed until the applicant reasonably responds to the request. 3. The review authority’s written decision shall set forth the findings, any conditions of approval, notice of the right to appeal, and the right to request reasonable accommodation on the appeals process, if necessary. The decision shall be mailed to the applicant. 4. The reasonable accommodation shall be subject to any reasonable conditions imposed on the approval that are consistent with the purposes of this section. 5. In making the approval findings in subsection (D) of this section, the review authority may approve alternative reasonable accommodations that provide an equivalent level of benefit to the applicant. 6. The written decision of the reviewing authority shall be final unless appealed in the manner set forth below. 7. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect. 8. Where the improvements or modifications approved through a reasonable accommodation would generally require a variance, a variance shall not be required. F. Appeals. 1. The decision on a reasonable accommodation may be appealed to the city council within ten (10) calendar days of the issuance of a written decision. 2. The appeal shall be made in writing including a statement of the grounds for appeal, and accompanied by a fee established by resolution of the city council. 3. The city council shall hear the matter and render a determination as soon as reasonably practicable, but in no event later than sixty (60) calendar days after an appeal has been filed. All determinations DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 607812 Page 31 of 57 ORD #23-1471 shall address and be based upon the same findings required to be made in the original determination from which the appeal is taken. 4. The City shall provide notice of an appeal hearing to the applicant. The council shall announce its findings within forty (40) calendar days of the hearing, unless good cause is found for an extension, and the decision shall be mailed to the applicant. The council’s action shall be final. 5. If an individual needs assistance in filing an appeal on an adverse decision, the City shall provide assistance to ensure that the appeals process is accessible. G. Waiver of Time Periods. Notwithstanding any provisions in this section regarding the occurrence of any action within a specified period of time, the applicant may request additional time beyond that provided for in this section or may request a continuance regarding any decision or consideration by the City of a pending appeal. Extensions of time sought by applicants shall not be considered delay on the part of the City, shall not constitute failure by the City to provide for prompt decisions on applications and shall not be a violation of any required time period set forth in this section. H. Notice to the Public of Availability of Accommodation Process. The City shall prominently display in the public areas of the community development department at City Hall a notice advising those with disabilities or their representatives that they may request a reasonable accommodation in accordance with the procedures established in this section. City employees shall direct individuals to the display whenever they are requested to do so or reasonably believe that individuals with disabilities or their representatives may be entitled to a reasonable accommodation. I. Expiration, Time Extension, Violation, Discontinuance, and Revocation. 1. Any reasonable accommodation approved in accordance with the terms of this section shall expire within twenty-four (24) months from the effective date of approval or at an alternative time specified as a condition of approval unless: a. A building permit has been issued and construction has commenced; b. A certificate of occupancy has been issued; c. The use is established; or d. A time extension has been granted. 2. The community development director may approve a time extension for a reasonable accommodation for good cause for a period or periods not to exceed three (3) years. An application for a time extension shall be made in writing to the community development department no less than thirty (30) days or more than ninety (90) days prior to the expiration date. 3. Notice of the director’s decision on a time extension shall be provided as specified in subsection (E)(3) of this section. DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 608813 Page 32 of 57 ORD #23-1471 4. Any reasonable accommodation approved in accordance with the terms of this code may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in connection therewith. 5. An accommodation is granted to an individual and shall not run with the land unless the director finds that the modification is physically integrated on the property and cannot feasibly be removed or altered. Any change in use or circumstances that negates the basis for the granting of the approval may render the reasonable accommodation null and void and/or revocable by the City, and thereafter the reasonable accommodation may be required to be removed or substantially conformed to the code if reasonably feasible. J. Amendments. A request for changes in conditions of approval of a reasonable accommodation, or a change to plans that would affect a condition of approval shall be treated as a new application and shall be processed in accordance with the requirements of this section. The community development director may waive the requirement for a new application and approve the changes if the changes are minor, do not involve substantial alterations or addition to the plan or the conditions of approval, and are consistent with the intent of the original approval. SECTION 33. Section 17.42.170 (Lot consolidation incentives for affordable multifamily development) of Chapter 17.42 (General Provisions, Conditions and Exceptional Uses) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is hereby deleted: A. Multifamily residential developments proposed on lots zoned R-3 or allowing an equivalent or higher density meeting the minimum requirements for a density bonus pursuant to Section 17.42.100 shall be granted an additional density bonus as an incentive to acquire and combine two (2) or more parcels into a single building site according to the following formula: Combined Parcel Size Base Density Increase Less than 0.50 acre No increase 0.50 Acre to 0.99 Acre 5% Increase 1.00 Acre or More 10% Increase This lot consolidation bonus incentive shall be calculated prior to determining any density bonus pursuant to Section 17.42.100. Such projects shall be restricted in compliance with Section 17.42.100(E). DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 609814 Page 33 of 57 ORD #23-1471 B. Multifamily residential developments with less than five (5) units or a senior citizen housing development of less than thirty-five (35) units on lots zoned R-3 or allowing an equivalent or higher density that otherwise meet the minimum requirements for a density bonus pursuant to Section 17.42.100 shall be granted reduced parking and lot development standards in Section 17.42.100(D)(3) as an incentive to acquire and combine two (2) or more parcels into a single building site. Such projects shall be restricted in compliance with Section 17.42.100(E). C. Applications for lot consolidations pursuant to this section processed concurrently with other land use entitlements shall be granted expedited processing of planning and building entitlements and no additional fee shall be charged for such expedited processing. (Ord. 13-1341 §10, 2013) SECTION 34. Chapter 17.42.210 (Emergency shelters) is hereby added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows: This section sets forth requirements for the establishment and operation of emergency shelter facilities. A. Permit and Operational Requirements. The approval and operation of an emergency shelter shall be subject to the following requirements: 1. Administrative Permit Required. Emergency shelters may be established and operated in the R-3, C-3, SPA-7 and SPA-8 zoning districts subject to the granting of an administrative permit in compliance with Chapter 17.55. 2. Management and Operations Plan. An application for an administrative permit to establish and operate an emergency shelter shall be accompanied by a management plan, which shall establish hours of operation, staffing levels and training procedures, maximum length of stay, size and location of exterior and interior onsite waiting and intake areas, admittance and discharge procedures, provisions for on-site or off-site supportive services, on-site and off-site security procedures, and protocols for communications with local law enforcement agencies and surrounding property owners. B. Development Standards. Emergency shelters shall conform to the following standards. DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 610815 Page 34 of 57 ORD #23-1471 1. The maximum number of beds shall be ten (10). An additional four (4) beds may be provided for children under the age of eighteen (18) with a parent or guardian within designated family units. 2. A minimum separation of three hundred (300) feet, measured from the property line, shall be maintained between all emergency shelters. 3. Separate private shower and toilet facilities shall be provided for men, women and families. 4. Alcohol and narcotics use and consumption are prohibited both within the facility and on the property. No amplified music or sound is allowed. No animals are permitted (except guide dogs for the disabled or ordered by a doctor for medical reasons). 5. Bicycle racks or bicycle lockers for three (3) bicycles shall be provided onsite near the facility. 6. Stays at the facility shall be on a first-come first-served basis. Clients may be admitted to the facility only between 6:00 p.m. and 8:00 a.m. The facility may remain open twenty-four (24) hours a day only if providing onsite accessory services. Clients have no guaranteed bed for the next night. The maximum length of stay at the facility shall not exceed one hundred eighty (180) days in a three hundred sixty-five (365) day period. 7. The facility may provide the following services in an area separate from sleeping areas, such as counseling services, laundry facilities to serve the clients at the shelter, client storage area such as for the storage of bicycles or personal items, or similar services geared to homeless clients. All such areas and facilities shall be located within a building, with the exception of bicycle parking. 8. A waiting area shall be provided which contains a minimum of ten (10) square feet per bed provided at the facility. The waiting area shall be in a location not adjacent to the public right of way, shall be visually separated from public view by a minimum six (6) -foot tall screening of mature landscaping or by a minimum six (6) foot tall decorative masonry wall, and shall provide consideration of shade and protection from the elements. 9. Security and Safety. A staff member shall be on-premises at all times the facility is open to clients. Security and safety shall be addressed for both on and off-site needs, including provisions to address the separation of male/female sleeping areas as well as any family areas DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 611816 Page 35 of 57 ORD #23-1471 within the facility. At a minimum, the plan shall contain provisions addressing security and safety. 10. Loitering Control. Measures regarding off-site controls to minimize the congregation of clients in the vicinity of the facility during hours that clients are not allowed on-site. 11. Management for Outdoor Areas. A system for daily admittance and discharge procedures, including monitoring for waiting areas, shall be developed to minimize disruption to nearby land uses. 12. Staff Training. A staff training program shall be maintained that provide adequate knowledge and skills necessary to assist clients in obtaining permanent shelter and income. 13. Communications. A communication and outreach plan shall be developed to maintain good communication and response to operational issues which may arise from the neighborhood, City staff, or the general public. 14. Client Eligibility. A screening program to determine client eligibility is required. The facility shall be required to utilize the Los Angeles County region’s current Homeless Management Information System. 15. Counseling Services. Provision of or links to counseling services are encouraged. Identify and describe the counseling programs to be provided as well as procedures that will be used to refer clients to outside assistance agencies. An annual report to the City on this activity is required. 16. Facility rules shall be conspicuously displayed in English and Spanish. 17. Litter Control. Litter and trash removal attributable to facility operations and its clients shall be provided. Graffiti shall be removed within twenty-four (24) hours. SECTION 35. Chapter 17.42.220 (Supportive Housing) is hereby added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows: A. Supportive and Transitional Housing. Pursuant to California Government Code Section 65583(c)(3), transitional and supportive housing constitute a residential use and are subject only to those restrictions that apply to other residential uses of the same type in the same zoning district.  B. Up to 50 Units Permitted By Right. Pursuant to California Government Code Section 65651, supportive housing development with up to 50 supportive housing units shall be permitted by right in all zones where multi-family and DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 612817 Page 36 of 57 ORD #23-1471 mixed-use residential development are permitted provided the development satisfies all of the following requirements: 1. All supportive housing units within the development are subject to a recorded affordability restriction for 55 years.  2. One hundred percent of the units, excluding managers' units, within the development are dedicated to lower income households and are receiving public funding to ensure affordability of the housing to lower income Californians. For purposes of this paragraph, “lower income households” has the same meaning as defined in Section 50079.5 of the Health and Safety Code. 3. At least 25 percent of the units in the development or 12 units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. If the development consists of fewer than 12 units, then 100 percent of the units, excluding managers' units, in the development shall be restricted to residents in supportive housing.  4. The developer shall provide the information required by California Government Code Section 65652 to the Planning Division.  5. Nonresidential floor area shall be used for onsite supportive services in the following amounts:  a. For a development with 20 or fewer total units, at least 90 square feet shall be provided for onsite supportive services.  6. For a development with more than 20 units, at least 3 percent of the total nonresidential floor area shall be provided for onsite supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.  7. The developer replaces any dwelling units on the site of the supportive housing development in the manner provided in paragraph (3) of subdivision (c) of Section 65915.  8. Units within the development, excluding managers' units, include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.  9. Notwithstanding any other provision of this Section to the contrary, the local government shall, at the request of the project owner, reduce the number of residents required to live in supportive housing if the project-based rental assistance or operating subsidy for a supportive housing project is terminated through no fault of the DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 613818 Page 37 of 57 ORD #23-1471 project owner, but only if all of the following conditions have been met:  a. The owner demonstrates that it has made good faith efforts to find other sources of financial support.  b. Any change in the number of supportive service units is restricted to the minimum necessary to maintain project's financial feasibility.  c. Any change to the occupancy of the supportive housing units is made in a manner that minimizes tenant disruption and only upon the vacancy of any supportive housing units. 10. Over 50 units, a conditional use permit is required. SECTION 36. Chapter 17.42.230 (Residential Care Facilities - Large) is hereby added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows: A. Permit and Operational Requirements. The approval and operation of an emergency shelter shall be subject to the following requirements: 1. Administrative Permit Required. Emergency shelters may be established and operated in the C-3, SPA-7 and SPA-8 zoning districts subject to the granting of an administrative permit in compliance with Chapter 17.55. 2. Management and Operations Plan. An application for an administrative permit to establish and operate an emergency shelter shall be accompanied by a management plan, which shall establish hours of operation, staffing levels and training procedures, maximum length of stay, size and location of exterior and interior onsite waiting and intake areas, admittance and discharge procedures, provisions for on-site or off-site supportive services, on-site and off-site security procedures, and protocols for communications with local law enforcement agencies and surrounding property owners. B. Requirements for a Large Residential Care Facility. Large residential care facilities shall conform to the following requirements: 1. A Large Residential Care Facility may only be located within a zone that permits them. 2. All facilities shall comply with the development standards of the zone which they are located. DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 614819 Page 38 of 57 ORD #23-1471 3. Separation. Minimum distance from any other Residential Facility shall be 300 feet as specified by State Health and Safety Code Section 1267.9 4. Parking shall be provided in accordance with the applicable requirements of the primary residential use of the property. Refer to Section 17.44.020. 5. Restrictions to ensure compliance with City noise regulations (Municipal Code Chapter 8.24) may be placed on the operation of the care facility, including but not limited to the time and location of outdoor activities. 6. Adequate space for loading and unloading persons shall be available or shall be provided on the site. 7. Management shall ensure that a manager is on duty at all times the facility is operating. 8. The applicant shall submit a Programming Plan to detail daily operations. SECTION 37. Chapter 17.42.240 (Low Barrier Navigation Centers) is hereby added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows: A. The purpose of this chapter is to establish development standards for low- barrier navigation centers and to ensure this use is constructed and operated in a manner that is consistent with the requirements and allowances of state law, specifically Article 12 of Chapter 3 of Division 1 of Planning and Zoning Law commencing with California Government Code Section 65660. B. The provisions of this chapter shall apply to all low-barrier navigation center projects. C. An Administrative Permit in accordance with Chapter 17.55 is required prior to establishment of any low-barrier navigation center project meeting either of the following criteria. The permit shall be a ministerial action without discretionary review or a hearing. The City shall notify a developer whether the developer’s application is complete within 30 days, pursuant to California Government Code Section 65943. Action shall be taken within 60 days of a complete application being filed. D. A low-barrier navigation center development is a use by-right in areas zoned for mixed-use and nonresidential zones permitting multifamily uses, if it meets the following requirements: DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 615820 Page 39 of 57 ORD #23-1471 1.Connected Services. It offers services to connect people to permanent housing through a services plan that identifies services staffing. 2.Coordinated Entry System. It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals. 3.Code Compliant. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code. 4.Homeless Management Information System. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System, as defined by Section 578.3 of Title 24 of the Code of Federal Regulations. SECTION 38. Chapter 17.42.250 (Work/live developments.) is hereby added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows: A.Purpose. This purpose of this section is to allow and establish requirements for work/live developments. Units within work/live developments are intended to allow for a non-residential primary use, with an accessory residential use, which together foster creative and innovative industrial uses. B.Applicability. Work/live units are allowed in the M-1 zoning district. C.General Provisions. 1.Work/live units must be located in a development, building, or structure approved and permitted for such use. This section is not intended to allow conversion of non-residential spaces in a fully non- residential building into full or partial residential spaces. 2.The non-residential component of work/live units must comply with the uses set forth in Section 17.28.020 (Permitted uses). 3.The non-residential and the residential units must be occupied by the same tenant. 4.Residential areas are permitted above or behind the non-residential component, provided that there is internal access between the residential and non-residential unit. DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 616821 Page 40 of 57 ORD #23-1471 5. The non-residential component shall be operated indoors and shall not be conducted in any required yard or parking area. 6. Signage intended to promote on-site non-residential uses shall comply with Section 17.50.150. 7. The external access for the non-residential component shall be oriented to the street and should have at least one external entrance/exit separate from the residential space. The entrance to the non-residential component shall be located on the ground level. 8. The work/live unit shall be required to provide parking in accordance with Chapter 17.44 (Off-Street Parking). 9. The non-residential use shall not generate external noise, odor, glare, vibration or electrical interference detectable to the normal sensory perception by adjacent neighbors. 10. No explosive, toxic, combustible or flammable materials in excess of what would be allowed incidental to normal residential use shall be stored or used on the premises. D. Short term rentals prohibited. It shall be unlawful for any person to offer or make available for rent or to rent (by way of a rental agreement, lease, license or any other means, whether oral or written) for compensation or consideration a residential dwelling, a dwelling unit or a room in a dwelling for less than thirty (30) consecutive days. It shall be unlawful for any person to occupy a residential dwelling, a dwelling unit or a room in a dwelling for less than thirty (30) consecutive days pursuant to a rental agreement, lease, license or any other means, whether oral or written, for compensation or consideration. SECTION 39. Chapter 17.42.260 (Building Design Guidelines.) is hereby added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows: A. Articulation. No façade facing a public right-of-way shall run in a continuous plane of more than 10 feet without incorporating one or more of the following: 1. A vertical wall shift at least two feet in depth. 2. A change in material. The material change shall be a minimum of three feet wide and a minimum of one story. 3. A window or building entrance. 4. A projection such as a stoop, bay, or overhang. 5. Alternative designs to accommodate a complete architectural style may be approved through the Modification process provided adequate design features have been incorporated to create visual variety and avoid a bulky or monolithic appearance. DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 617822 Page 41 of 57 ORD #23-1471 SECTION 40. Section 17.44.020 (Off-street parking – Residential uses.) of Chapter 17.44 (Off-Street Parking) of Title 17 (Zoning) of the Hermosa Beach Municipal Code shall be replaced as follows: The aggregate amount of off-street automobile parking spaces provided in connection with each of the following uses shall be not less than the following: Residential Housing Type Parking Requirement A. One (1) family dwelling; Two (2) off-street parking spaces plus one (1) guest space. B. Duplex or two (2) family dwelling; Exception: Density Bonus Projects Two (2) off-street parking spaces for each unit plus one (1) guest space. One (1) additional space of on-site guest parking shall be provided for each on-street space lost because of new curb cuts and/or driveways. C. Multiple dwellings (three (3) or more units); Exception: Density Bonus Projects Spaces per each dwelling unit: Zero to one bedroom: 1.5 spaces Two bedrooms: 2 spaces Three+ bedrooms: 2.5 space; plus one (1) guest space for each two (2) dwelling units; plus one (1) additional space for each on-street space lost because of new curb cuts and/or driveways. D. Supportive or transitional housing Parking requirement for residential use. Exception: no parking required if within ½ mile of public transit stop. E. Junior accessory dwelling unit and accessory dwelling unit Refer to Section 17.21.050(F). F. Density bonus projects; Projects with over 20% affordable units; Senior housing (Maximum Requirement per unit) (1) Zero to one bedroom: one (1) parking space. (2) Two to three bedrooms: one and a half (1.5) parking spaces. (3) Four and more bedrooms: two and one-half (2.5) parking spaces. G. Residential Care Facilities – Small. Same as the Residential Housing Type DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 618823 Page 42 of 57 ORD #23-1471 H. Residential Care Facilities – Large; Assisted Living Facility 1 for every 3 beds I. Emergency Shelters; Low Barrier Navigation Centers One (1) space for each staff member or employee on duty. SECTION 41. Section 17.44.030 (Off-street parking – Commercial and business uses.) of Chapter 17.44 (Off-Street Parking) of Title 17 (Zoning) of the Hermosa Beach Municipal Code shall be replaced as follows: Required Number of Spaces by Use. The aggregate amount of off-street automobile parking spaces provided for various uses shall not be less than the following, unless a parking plan approved by the planning commission pursuant to 17.44.210 allows for a reduction in the number of spaces required. A.Assembly halls: one (1) space for each five (5) seats, permanent or removable, or one (1) space for each fifty (50) square feet of gross floor area in the assembly hall, whichever is greater. B.Automobile or boat sales: one (1) space for each one thousand (1,000) square feet of site area. C.Bowling alleys: five (5) spaces for each lane plus one (1) space for each three hundred (300) square feet of gross floor area except bowling alley lanes and approach areas. D.Clubs, fraternity and sorority houses, rooming and boarding houses and similar uses having sleeping and guest rooms: two (2) covered spaces for each three (3) guest rooms; in dormitories each fifty (50) square feet shall be considered a guest room; two (2) spaces shall be required for each guest room with kitchen facilities. E.Commercial Uses. 1.Bars and cocktail lounges: one (1) space for each eighty (80) square feet of gross floor area. 2.Beauty colleges: one (1) space for each one hundred (100) square feet of gross floor area. 3.Business schools and trade schools: one (1) space for each one hundred (100) square feet of gross floor area. 4.Furniture and hardware stores: one (1) space for each two hundred fifty (250) square feet of gross floor area. 5.Offices, general: one (1) space for each two hundred fifty (250) square feet of gross floor area. 6.Offices, Governmental and Public Utilities. Government offices that generate high levels of contact with the public, or have high numbers DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 619824 Page 43 of 57 ORD #23-1471 of employees, including but not limited to employment offices, public social services offices, Department of Motor Vehicle offices: one (1) space per seventy-five (75) square feet of gross floor area for the first twenty-thousand (20,000) square feet of the building(s), plus one (1) space per two hundred fifty (250) square feet of gross floor area for the remaining floor area. 7. Offices, medical: five (5) spaces for each one thousand (1,000) square feet of gross floor area. 8. Restaurants: one (1) space for each one hundred (100) square feet of gross floor area plus one (1) per 200 square feet of on-site outdoor seating area in excess of 400 square feet. 9. Retail, general retail commercial uses: one (1) space for each two hundred fifty (250) square feet of gross floor area. 10. Gymnasiums/health and fitness centers, as follows: a. Less than or equal to three thousand (3,000) square feet and with less than or equal to twenty (20) students at one time if classes are offered: one (1) space per two hundred fifty (250) square feet of gross floor area. b. Greater than three thousand (3,000) square feet but not more than six thousand (6,000) square feet, or with more than forty (40) students at one time if classes are offered: one (1) space per two hundred (200) square feet of gross floor area. c. Greater than six thousand (6,000) square feet, or with more than forty (40) students at one time if classes are offered: one (1) space per one hundred (100) square feet of gross floor area. F. Hospitals: two (2) spaces for each patient bed. G. Hospitals (mental), convalescent homes, guest homes, rest homes, sanitariums, assisted living facilities, and similar institutions: one (1) space for each three (3) beds. H. Hotels: one (1) space for each unit for the first fifty (50) units; one (1) space per one (1) and one-half (1/2) units after fifty (50); and one (1) space per two (2) units after one hundred (100) units. Hotels with facilities including restaurants, banquet rooms, conference rooms, commercial retail uses and similar activities shall provide parking for the various uses as computed separately in accordance with the provisions of this chapter. I. Industrial Uses. The parking requirements of this subsection apply only to industrial uses; parking for commercial and other permitted uses in industrial zones shall provide the number of spaces as otherwise specified by this chapter. 1. Industrial uses of all types, except, public utility facilities and warehouses: one (1) space for each vehicle used in conjunction with the use; plus DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 620825 Page 44 of 57 ORD #23-1471 one (1) space for each three hundred (300) square feet of gross floor area. 2. Warehouses, buildings or portions of buildings used exclusively for warehouse purposes: one (1) space for each one thousand (1,000) square feet for the first twenty thousand (20,000) square feet; plus, one (1) space for each two thousand (2,000) square feet for the second twenty thousand (20,000) square feet; plus one (1) space for each four thousand (4,000) square feet in excess of forty thousand (40,000) square feet; plus one (1) space for each vehicle operated from the property. Prior to approval of a warehouse use by the , a covenant shall be recorded, guaranteeing the warehouse area, facility or building will not be converted, remodeled or changed to a nonwarehouse use unless the number of spaces otherwise required by this chapter are secured and provided prior to such change or unless approved by planning commission in accordance with this chapter. J. Mobilehomes or trailer parks: two (2) spaces for each dwelling unit with at least one (1) space adjacent to the trailer site. K. Mortuaries or undertaking establishments: one (1) space for each seventy-five (75) square feet of building area for the chapel or public assembly area. L. Motels: one (1) space for each unit, plus two (2) for the manager’s unit. M. Recreation or amusement establishments: one (1) space for each seventy-five (75) square feet of gross floor area. N. Service stations: one (1) space for each one thousand (1,000) square feet of site area. O. Snack Bar/Snack Shop. The parking requirements for a snack bar and/or snack shop shall be the same as that for a restaurant. P. Short-term vacation rentals in commercial zones: one (1) space per bedroom, in no case less than one (1) space per unit and a maximum of two (2) spaces per unit being required. Q. Residential Uses – refer to 17.44.020 1. Supportive and Transitional Housing 2. Residential Care Facilities 3. Residential Care Facilities 4. Low Barrier Navigation Center 5. Emergency Shelters SECTION 42. Chapter 17.55 (Administrative Permits) of Title 17 (Zoning) of the Hermosa Beach Municipal Code shall be replaced as follows: 17.55.010 Authority to grant. DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 621826 Page 45 of 57 ORD #23-1471 The community development department may grant administrative permits for all such uses and matters required by this title to be reviewed and allowed only upon the granting of an administrative permit. 17.55.020 Purpose. The purpose of an administrative permit is to ensure that a proposed use or matter for which an administrative permit is required complies with the standards, limitations and other regulations applicable to the subject use or matter. 17.55.030 Application filing. Prior to the establishment of any use or grant of any or entitlement for which an administrative permit administered by this section is required by this title or Code, an application for an administrative permit, signed by a property owner, lessee or business owner shall be filed with the community development department upon a form furnished by the department. The application shall include a site plan, drawings and information in sufficient detail to demonstrate compliance with the regulations applicable to the subject use or matter, accompanied by a fee set by resolution of the city council. 17.55.030 Required Findings. The review authority must make all of the following findings to approve or conditionally approve an Administrative Permit application. The inability to make one or more of the findings is grounds for denial of an application. A.The proposed use is allowed within the applicable zone with Administrative Permit approval, and complies with all other applicable provisions of this Zoning Ordinance and the Municipal Code; B.The proposed use is consistent with the General Plan and any applicable specific plan; C.The site is physically adequate for the type, density, and intensity (e.g., number of employees and customers) of use being proposed, including provision of services (e.g., sanitation and water), public access, and the absence of physical constraints; D.The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on site and in the vicinity of the subject property; and E.The establishment, maintenance, or operation of the proposed use at the location proposed will not endanger, jeopardize, or otherwise constitute a menace to the public convenience, health, interest, safety, or the general welfare of persons residing or working in the vicinity of the proposed use. DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 622827 Page 46 of 57 ORD #23-1471 17.55.040 Report of decision. Except as set forth below, the community development director shall issue the administrative permit no more than thirty (30) days following the filing of a complete application therefor. Approval will be based upon determining the request complies with the standards, limitations and other regulations in the governing section, which may include the imposition of conditions and limitations to ensure the permit is consistent with said requirements intended to protect the public health, safety and welfare; otherwise, the director shall deny the application and provide the applicant a written statement of the reasons the permit cannot be issued. The applicant shall be advised in writing of the right to appeal the director’s decision pursuant to Section 17.55.050. Notwithstanding above, permits for accessory dwelling units and/or junior accessory dwelling units shall be decided within one hundred twenty (120) days of receipt of a complete application and subject to the provisions outlined in Chapter 17.21. 17.55.050 Effective date–Appeals. A. Notwithstanding 17.55.050(C), decisions of the community development director may be appealed to the planning commission by filing an appeal within fifteen (15) days of the director’s decision; provided, that upon affixing the signature of the applicant to an issued permit, the permit shall become effective and the right to appeal shall be waived. Appeals shall be filed in writing with the community development department accompanied by a fee set by resolution of the city council. Notice of hearing shall be given to the applicant at least ten (10) days prior to the hearing, unless the applicant agrees to waive the requirement so that the matter may be heard at an earlier time. The commission’s review shall be limited to a determination of whether the application complies with the requirements of the applicable governing section(s). The filing of an appeal within such time shall stay the effective date of the decision until the commission has acted on the appeal. The commission’s decision shall be final and conclusive, unless the governing section specifically provides for a direct or subsequent appeal to the city council. B. Appeals to the city council shall be filed with the city clerk accompanied by a fee set by resolution of the city council. The filing of an appeal within ten (10) days shall stay the effective date of the decision until the council has acted on the appeal as hereinafter set forth in this title. Upon receipt of a written appeal, the planning commission shall transmit to the council the planning commission’s complete record of the case. Notice of hearing shall DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 623828 Page 47 of 57 ORD #23-1471 be given to the applicant at least ten (10) days prior to the hearing, unless the applicant agrees to waive the requirement so that the matter may be heard at an earlier time. The council shall hear the matter and render a determination as soon as reasonably practicable, but in no event later than sixty (60) days after an appeal has been filed unless requested by the applicant. The council’s review shall be limited to a determination of whether the application complies with the requirements of the governing section. The council shall announce its findings within forty (40) calendar days of the hearing, unless good cause is found for an extension, and the decision shall be mailed to the applicant. The council’s decision shall be final and conclusive. C.Ministerial or non-discretionary Administrative Permits are not eligible for appeal. 17.55.060 Reapplication upon denial. After the denial of an administrative permit has become final, no further application for the same administrative permit shall be filed for the same property for the ensuing six months, unless the project has been revised so as to eliminate the decision making body’s previous objections to the project. Said revision shall require a completely new application process and payment of fees. 17.55.070 Revocation. Any administrative permit may be revoked by the director or the decision making body for any of the following causes: A.That any term or condition has not been complied with; B.That the property for which the administrative permit has been granted is used or maintained in violation of any statute, law, regulation or condition of approval; C.That the use for which the administrative permit was granted has not been exercised for at least twelve (12) consecutive months, or has ceased to exist, or has been abandoned; D.The administrative permit has been issued for a short-term vacation rental, which has received three (3) affirmed violations of the ordinance codified in this section or any of the City’s quality of life ordinances, such as noise violations, disturbing the peace, or creating a public nuisance, within a 12- month period; or, E.That the use for which the administrative permit was granted has been so exercised as to be detrimental to the public health or safety or so as to constitute a nuisance. DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 624829 Page 48 of 57 ORD #23-1471 A hearing to show cause why the permit should not be revoked shall be held by the issuing body prior to the revocation of any administrative permit. Written notice shall be provided the permit holder at least ten (10) days prior to the hearing stating the reasons therefor. (Ord. 19-1395 §7, 2019) 17.55.080 Expiration. An administrative permit shall expire at the conclusion of the permitted use or activity, not to exceed one year from the effective date if no expiration or term is stated therein, and the property shall thereafter be used in compliance with the provisions of this Title and Code. SECTION 43. Chapter 17.56 (Conditional Use Permits) of Title 17 (Zoning) of the Hermosa Beach Municipal Code shall be replaced as follows: 17.56.010 Authority to grant. A.The planning commission may grant conditional use permits for residential planned developments and commercial planned developments. B.The planning commission may grant conditional use permits upon application for all such matters as by this ordinance are required to be reviewed and allowed only upon the granting of a conditional use permit. 17.56.020 Purpose. The purpose of a conditional use permit shall be: A.To assure that the degree of compatibility shall be maintained with respect to the particular use on the particular site and in consideration of other existing and potential uses within the general area in which such use is proposed to be located; and B.To recognize and compensate for variations and degree of technological processes and equipment as related to the factors of noise, smoke, dust, fumes, vibration, odors and hazards. 17.56.030 Applicability Approval of a Use Permit is required for uses or developments specifically identified in any section of this Title which requires a Use Permit. 17.56.040 Criteria for review. In reviewing any conditional use permit for any use, the following criteria for granting said permit shall be considered: DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 625830 Page 49 of 57 ORD #23-1471 A. Distance from existing residential uses; B. The amount of existing or proposed off-street parking facilities, and its distance from the proposed use; C. Location of and distance to churches, schools, hospitals and public playgrounds; D. The combination of uses proposed; E. Precautions taken by the owner or operator of the proposed establishment to assure the compatibility of the use with surrounding uses; F. The relationship of the proposed business-generated traffic volume and the size of streets serving the area; G. The proposed exterior signs and decor, and the compatibility thereof with existing establishments in the area; H. The number of similar establishments or uses within close proximity to the proposed establishment; I. Noise, odor, dust and/or vibration that may be generated by the proposed use; J. Impact of the proposed use to the City’s infrastructure, and/or services; K. Will the establishment contribute to a concentration of similar outlets in the area; L. Other considerations that, in the judgment of the planning commission, are necessary to assure compatibility with the surrounding uses, and the as a whole. 17.56.050 Required findings. The Planning Commission must make all of the following findings to approve or conditionally approve a Use Permit application. The inability to make one or more of the findings is grounds for denial of an application. A. The proposed use is allowed within the applicable zone and complies with all other applicable provisions of this Title and all other titles of the Hermosa Beach Municipal Code; B. The proposed use is consistent with the General Plan and any applicable specific plan; C. The proposed use will not be averse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements; D. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses and circulation in the vicinity; and E. The site is physically suitable for the type of the use being proposed, including access, utilities, and the absence of physical constraints. DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 626831 Page 50 of 57 ORD #23-1471 17.56.060 Notice and hearing on application. Upon the filing of an application for a conditional use permit by a property owner, or by a lessee with the written consent of the property owner, due notice of public hearing shall be given at least ten calendar days prior to said hearing in accordance with requirements to be established by resolution of the city council. 17.56.070 Report on findings and decision. Not more than twenty (20) days following the public hearing on a conditional use permit, nor more than twenty (20) days following the filing of an application for a conditional use permit where no hearing is required, the planning commission shall announce its findings by formal report and said report shall recite, among other things, the facts and reasons which, in its opinion, make the granting or denial of the conditional use permit necessary to carry out the provisions and general purpose of this title, and shall order that the conditional use permit be granted or denied, and if such report orders that the conditional use permit be granted, it shall also recite such conditions and limitations as it may impose. 17.56.080 Report to be numbered and kept as permanent record. The formal report of the planning commission announcing its decision on a conditional use permit shall be numbered consecutively in the order of filing and shall become a permanent record in the file of the planning commission. 17.56.090 Notice of decision to applicant. Not later than ten days following the rendering of a decision ordering that a conditional use permit be granted or denied, a copy of the report shall be mailed to the applicant and his attorney at the address shown on the application filed with the planning commission. 17.56.100 Effective date – Time limitation for appeal. The order of the planning commission in granting or denying a conditional use permit shall become final and effective ten days from the date of the succeeding city council meeting at which it is determined whether or not to review the decision of the planning commission pursuant to Section 2.52.040 of this code until within such ten-day period an appeal in writing is filed with the council by any person dissatisfied with the decision of the planning commission. The filing of such appeal within such time shall stay the effective date of the order of the planning commission until such time as the council has acted on the appeal as hereinafter set forth in this title. DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 627832 Page 51 of 57 ORD #23-1471 17.56.110 Transmission of planning commission’s record to council. Upon receipt of a written appeal filed with the council as provided herein, the planning commission shall thereupon transmit to the council the planning commission's complete record of the case. 17.56.120 Council to hold public hearing on appeal. Within not to exceed forty (40) calendar days following filing of a written appeal, the city council shall conduct a duly advertised public hearing, public notice of which shall be given at least ten calendar days prior to said hearing in accordance with requirements established by resolution of the council. 17.56.130 Council to announce findings and decision. City council shall announce its findings and decision within a reasonable time, but not to exceed sixty (60) days, following the close of the public hearing, unless good cause is shown for the extension of time and the applicant or opponent or both are notified of this extension and the reasons therefor. The findings and decision shall recite the facts and reasons which in the opinion of the city council make the approval or denial of the conditional use permit necessary to carry out the general purpose of this title, and shall order that the conditional use permit be granted, denied or modified subject to such conditions or limitations that it may impose. City council may incorporate by reference all or part of any findings of any commission, hearing officer or administrative officer without expressly setting forth in full the findings of said commission, hearing officer or administrative officer if the findings of said commission, hearing officer or administrative officer are in writing and on file with the city clerk and made a part of the permanent record of the . If the city council does not announce its findings and decision, notice shall be given by mail to the applicant or opponent, or to both if they be different parties, of when the findings and decision will be made so that the applicant or opponent or both may be present at the meeting when said findings and decision are announced. 17.56.140 Decision of the council shall be final. The action by the city council on such matters shall be by three affirmative votes of the council, and shall be final and conclusive except: A. The city council may approve, modify or disapprove the recommendation of the planning commission; provided, that any modification of a proposed conditional use permit, precise development plan, variance, height limit exception, nonconforming remodel, parking plan, permitted use request or DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 628833 Page 52 of 57 ORD #23-1471 other similar discretionary land use matter, by the council may be referred back to the planning commission for report and recommendation, and the planning commission shall not be required to hold a public hearing thereon. Failure of the planning commission to report to the city council within forty (40)days after the reference, or such longer period as may be designated by the city council, shall be deemed to be approval of the proposed modification. B.Upon return of the matter to the city council, the city council may by three affirmative votes of the council, approve, modify or disapprove the final recommendation of the planning commission on such matters. 17.56.150 Notice of decision of the council. Not later than thirty (30) days following the final decision of the city council that a conditional use permit be granted or denied, notice of such action shall be mailed to the applicant or opponent, or both if they be different parties, and one copy shall be attached to the planning commission's file of the case and said file returned to the planning commission for permanent filing. Failure to give notice shall not affect the decision rendered in these matters. SECTION 44. Chapter 17.58 (Precise Development Plan) of Title 17 (Zoning) of the Hermosa Beach Municipal Code shall be replaced as follows: 17.58.010 Purpose This Chapter establishes the Precise Development Plan procedure to ensure that new development supports the goals and objectives of the General Plan and other adopted plans and guidelines. The specific purposes of the Precise Development Plan process are to: A.Promote excellence in design, layout, and other physical features of development to achieve a reasonable level of quality, compatibility, in harmony with the community’s social, economic and environmental objectives; B.Ensure that new and altered development will be compatible with the existing and potential development of the surrounding area; and C.Supplement other City regulations and standards in order to ensure control of physical features of development that are not otherwise addressed. 17.58.020 Applicability and Review Authority A.A Precise Development Plan review is required for all projects that require a permit for new construction, rehabilitation, alteration, or other DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 629834 Page 53 of 57 ORD #23-1471 improvements to the exterior of a structure, site or a parking area except for: 1.Projects with four (4) or less dwelling units, including new construction, remodels or additions thereto; 2.Remodels or additions of less than one thousand five hundred (1,500) square feet in any zone. B.Precise Development Plans shall be decided upon by the Planning Commission with the following exceptions which shall be decided upon by the Community Development Director or designee: 1.New construction, rehabilitation, alteration, or other improvements to the exterior of a structure, site or a parking area for: a.Projects with two (2) or more dwelling units with affordable units or senior units (refer to section 17.42.100). 1.Projects that qualify for a density bonus pursuant to Section 17.42.100 or are comprised entirely of residential units restricted to be affordable to moderate- or lower- income households shall be subject to a non- discretionary precise development plan focusing solely on physical design and ensuring conformance with objective development standards, rather than examining the appropriateness of the use itself; said precise development plan process is not a ‘project’ and is not subject to the California Environmental Quality Act (CEQA). C.Application. All applications for Precise Development Plan shall be filed with the Community Development Department on forms prescribed by the Community Development Director. D.Concurrent Processing. When a development project requires a Use Permit, Variance, or any other discretionary approval, the Precise Development Plan application shall be submitted as a part of the application for the underlying permit, Use Permit, or Variance., except as noted in Section 17.58.020(B)(1)(ii)(1). K.Notification. 1.An application for a Precise Development Plan decided upon by the Community Development Director or design shall require a mailed notice to the applicant. 2.An application for a Precise Development Plan decided upon by the Planning Commission shall require notice, pursuant to Chapter 17.68, Procedure, Hearings, Notices and Fees DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 630835 Page 54 of 57 ORD #23-1471 L.Review Authority 1.Public Hearing is required for projects subject to Section 17.58.20(A). An application for a Precise Development Plan shall require a public hearing before the Planning Commission, pursuant to Chapter 17.68, Procedure, Hearings, Notices and Fees 2.The Community Development Director shall act as the review authority for projects subject to Section 17.58.020(B). No public hearing shall be required. 17.58.030 Scope of Precise Development Plan Review A.Precise Development Plan Review Considerations. Precise Development Plan review shall be based on consideration of the requirements of this Chapter as they apply to the design of the site plan, structures, landscaping, and other physical features of a proposed project, including: 1.Building proportions, massing, and architectural details. 2.Site design, orientation, location, and architectural design of buildings relative to existing structures on or adjacent to the property, topography, and other physical features of the natural and built environment; 3.Size, location, design, development, and arrangement of site access for modes of transportation, including on-site vehicle and bicycle parking. 4.Height, materials, and design of fences, walls, and screen plantings; 5.Location and type of landscaping including selection and size of plant materials, and design of hardscape; and 6.Size, location, design, color, lighting, and materials of all signs. 17.58.040 Required Findings The review authority must make all of the following findings to approve or conditionally approve a Precise Development Plan application. The inability to make one or more of the findings is grounds for denial of an application. A.The design, layout, and other physical features of the project comply with all other applicable provisions of this Title and all other titles of the Hermosa Beach Municipal Code; B.The design, layout, and other physical features of the project are consistent with the General Plan, and any applicable specific plan or design guidelines; and DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 631836 Page 55 of 57 ORD #23-1471 C.The design, layout, and other physical features of the project comply with any design or development standards applicable to the zone, unless waived or modified pursuant to the provisions of this Title. 17.58.050 Conditions of Approval In approving a Precise Development Plan, the review authority may impose reasonable conditions or restrictions and/or require reasonable guarantees and evidence that such conditions are being, or will be, complied with, to achieve the following outcomes: A.Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the city council; B.Achieve the general purposes of this Title or the specific purpose of the zone in which the project is located; C.Achieve the findings for a Precise Development Plan listed in Section 17.58.050, Required Findings; or; D.Mitigate any potentially significant impacts identified because of environmental review conducted in compliance with the California Environmental Quality Act. 17.58.060 Appeals A.Except as noted in Section 17.58.020(B)(1)(ii)(1), decisions of the community development director/staff may be appealed to the planning commission by filing an appeal within fifteen (15) days of the director’s decision; provided, that upon affixing the signature of the applicant to an issued permit, the permit shall become effective and the right to appeal shall be waived. Appeals shall be filed in writing with the community development department accompanied by a fee set by resolution of the city council. Notice of hearing shall be given to the applicant at least ten (10) days prior to the hearing, unless the applicant agrees to waive the requirement so that the matter may be heard at an earlier time. The commission’s review shall be limited to a determination of whether the application complies with the requirements of the governing section. The filing of an appeal within such time shall stay the effective date of the decision until the commission has acted on the appeal. The commission’s decision shall be final and conclusive, unless the governing section specifically provides for a direct or subsequent appeal to the city council. DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 632837 Page 56 of 57 ORD #23-1471 B.Appeals to the city council shall be filed with the city clerk accompanied by a fee set by resolution of the city council. The filing of an appeal within ten (10) days shall stay the effective date of the decision until the council has acted on the appeal as hereinafter set forth in this title. Upon receipt of a written appeal, the planning commission shall transmit to the council the planning commission’s complete record of the case. notice of hearing shall be given to the applicant at least ten (10) days prior to the hearing, unless the applicant agrees to waive the requirement so that the matter may be heard at an earlier time. The council shall hear the matter and render a determination as soon as reasonably practicable, but in no event later than sixty (60) days after an appeal has been filed unless requested by the applicant. The council’s review shall be limited to a determination of whether the application complies with the requirements of the governing section. The council shall announce its findings within forty (40) calendar days of the hearing, unless good cause is found for an extension, and the decision shall be mailed to the applicant. The council’s decision shall be final and conclusive. SECTION 45. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remainder of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof is declared invalid or unconstitutional. SECTION 46. Effective Date. This Ordinance shall take effect thirty (30) days after its passage and adoption pursuant to California Government Code section 36937, or upon certification of the City’s 2021-2029 Housing Element (6th Cycle) by the California Department of Housing and Community Development, whichever is later. SECTION 47. Certification. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 633838 Page 57 of 57 ORD #23-1471 Mayor Justin Massey PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA APPROVED AS TO FORM: ________________________________ Patrick Donegan, ATTEST: ________________________________ Myra Maravilla, City Clerk City Attorney PASSED, APPROVED and ADOPTED on this 14th day of November, 2023. DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 634839 Intro: 10/24/2023 Adopt: 11/14/2023 ss State of California ) County of Los Angeles ) City of Hermosa Beach ) December 19, 2023 Certification of Council Action ORDINANCE NO. 23-1471 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE HERMOSA BEACH MUNICIPAL CODE TO IMPLEMENT HOUSING ELEMENT POLICIES AND PROGRAMS, AND DETERMINE PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT THAT THE PROJECT IS CONSISTENT WITH THE PLAN HERMOSA ENVIRONMENTAL IMPACT REPORT I, Myra Maravilla, City Clerk of the City of Hermosa Beach, California, do hereby certify that the above and foregoing Ordinance No. 23-1472 was duly approved and adopted by the City Council of said City at its regular meeting thereof held on the 14th day of November 2023 and passed by the following vote: AYES: MAYOR MASSEY, MAYOR PRO TEM FRANCOIS, COUNCILMEMBERS SAEMANN, DETOY, and JACKSON NOES: NONE ABSTAIN: NONE ABSENT: NONE _____________________________ Myra Maravilla, City Clerk DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA 635840