HomeMy WebLinkAboutRES-26-7554 (SPECIAL EVENT FEES)Docusign Envelope ID: FD02888D-1105-8F09-829A-5F7A633F6683
CITY OF HERMOSA BEACH
RESOLUTION NO. RES-26-7554
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, AMENDING THE CITY'S MASTER FEE SCHEDULE TO UPDATE
AND ADD FEES IN ASSOCIATION WITH SPECIAL EVENTS AND FINDING
THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT
WHEREAS, the City of Hermosa Beach ("City") is authorized to regulate,
permit, and monetize use of public and municipal property ("Property"), including
for special events, and establish fees for such events by resolution pursuant to the
California Constitution (Section 7 to Article XI, and Section 1 to Article XIII) and
Government Code section 37350; and
WHEREAS, the City is located within the California coastal zone and is
subject to the California Coastal Act of 1976 (Public Resources Code section
30000 et seq.) ("Coastal Act"), which requires that development and use of
coastal resources be balanced with protection of public access and coastal
resources; and
WHEREAS, the City regulates special events conducted on City Property
(including the beach) pursuant to Chapter 12.30 (Special Events on Public
Property) to Title 12 (Street, Sidewalks and Public Places) of the Hermosa Beach
Municipal Code ("HBMC"); and
WHEREAS, any person organizing or conducting a special event on City
Property (including the beach) is required to obtain a City permit pursuant to
HMBC Section 12.30.010 (Special event regulations generally). Special event
permits are subject to processing and use fees ("special event fee") established
by resolution of the City Council ("Council"); and
WHEREAS, the City may impose fees for private use of City Property so long
as such fees serve a legitimate public purpose and are rationally related to
governmental interests including cost recovery, equitable allocation of public
resources, and economic regulation; and
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WHEREAS, any fee imposed in connection with a permit or condition of
approval must satisfy constitutional requirements under the Takings Clause of the
United States Constitution (including the "essential nexus" and "rough
proportionality" standards established in applicable case law); and
WHEREAS, fees for special events on City Property are imposed as a
condition of voluntary use of public land and are intended to compensate the
public for private occupation and to address impacts to public infrastructure,
access, and administrative resources; and
WHEREAS, revenues generated by updated and additional fees shall not
exceed the reasonable costs incurred by the City in administering and regulating
special events on public property; and
WHEREAS, at its May 26, 2026 meeting, the Council considered
amendments the applicable provisions of the City's Special Events Policy Guide,
HBMC Chapter 12.30, and associated special event fee structure, and directed
staff to prepare such amendments; and
WHEREAS, the Council desires to amend the City's Master Fee Schedule
to adopt updated and additional special event fees for approved special
events on the on City Property.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The above recitals are true and
correct, and are incorporated herein by this reference.
SECTION 2. Amendment. The City's Master Fee Schedule is hereby
amended as set forth in Exhibit "A", attached hereto and incorporated herein by
reference)
SECTION 3. Coastal Act and Constitutional Findings. The Council hereby
finds and declares the following:
a) Essential Nexus. There is an essential nexus between the special event
fees and legitimate governmental interests including compensation
for private use of public property, protection of public access within
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the coastal zone, and mitigation of impacts to public infrastructure
and pedestrian circulation.
b) Rough Proportionality. The amount of the fees are roughly
proportional to the intensity and character of the encroachment use
taking into account location, operational characteristics, and level
of impact on public resources and City services.
c) Coastal Act Consistency. The fee structure is consistent with the
Coastal Act because it supports orderly management of public
rights-ofway, protects public access, and ensures that private use of
coastal public land does not occur without appropriate
compensation or regulation.
d) Voluntary Use of City Property. The fee applies only to voluntary
special events taking place on City Property, and is therefore a lawful
charge for use of public land rather than an unconstitutional
exaction.
e) No Unconstitutional Taking. The fee does not constitute an
unconstitutional taking of private property because it satisfies the
nexus and proportionality requirements, and is imposed in
connection with discretionary approval of encroachments.
SECTION 4. Legislative Findings. The Council further finds that (a) the fees
are a lawful exercise of the City's police power and proprietary authority; (b) the
fees are not a tax, but a charge for use of public property; and (c) the
classifications created by this Resolution are rational and satisfies equal protection
requirements.
SECTION 5. California Environmental Quality Act ("CEQA"). The City
Council finds that this Resolution is statutorily exempt from CEQA pursuant to
Section 15378(b) (5) of the CEQA Guidelines as it is an organization or
administrative activity of the City that will not result in direct or indirect physical
changes in the environment.
SECTION 6. Severability. If any part of this Resolution or its application is
deemed invalid by a court of competent jurisdiction, the Council intends that
such invalidity will not affect the effectiveness of the remaining provisions or
applications; and, to this end, the provisions of this Resolution are severable.
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SECTION 7. Certification. The City Clerk is directed to certify the passage
and adoption of this Resolution; cause it to be entered into the City's book of
original Resolutions; make a note of the passage and adoption in the records of
this meeting; and, within fifteen (15) days after the Resolution's passage and
adoption, cause it to be published or posted in accordance with California law.
SECTION 8. Effective Date. This Resolution will become effective
immediately upon adoption.
PASSED, APPROVED, and ADOPTED on this 9th day of June 2026.
—Signed by:
Nl4ad vab"I
Mayor Mike Detoy
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA
ATTEST:
Signed by:
V�avTu,a. Q�aV'r��
Martha Alvarez
APPROVED AS TO FORM:
Signed by:
Jason Baltimore
City Clerk Interim City Attorney
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RES-26-7554
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EXHIBIT A
1. The City's Master Fee Schedule is hereby amended to remove the
following special event fees:
a) City Pass -Through Application Fee: $365
2. The City's Master Fee Schedule is hereby amended to add the following
special event fees:
a) Events with participant plus spectator crowds less than 500 per
event day:
1. Commercial Special Event: $300 per location, per day
2. Non -Profit Special Event: $250 per location, per day
b) Late Event Permit Application:
1. Commercial Special Event: $1,204
2. Non -Profit Special Event: $802
c) Long Term Agreement (LTA) Fees:
1. Commercial Special Event: $485
2. Non -Profit Special Event: $291
d) Reserved Parking Staging: $207
e) Event Modification: $1 14
f) Public Hearing: $38, plus actual costs of publication of public notice
g) Non -Profit Pier Plaza Use Fee: $9,076 per event day
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State of California )
County of Los Angeles ) ss
City of Hermosa Beach )
June 11, 2026
Certification of Council Action
RESOLUTION NO. RES-26-7554
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, AMENDING THE CITY'S MASTER FEE SCHEDULE TO
UPDATE AND ADD FEES IN ASSOCIATION WITH SPECIAL EVENTS AND
FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
I, Martha Alvarez, City Clerk of the City of Hermosa Beach, do hereby certify
that the above and foregoing Resolution No. RES-26-7554 was duly approved and
adopted by the City Council of said City at its regular meeting thereof held on
the 9'" day of June 2026, and passed by the following vote:
AYES: MAYOR DETOY, MAYOR PRO TEMPORE KEEGAN, COUNCILMEMBERS
JACKSON, FRANCOIS, and SAEMANN
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Signed by:
Martha Alvarez
City Clerk