HomeMy WebLinkAboutPC Resolution 24-09 (ZONE TEXT AMENDMENT) 1 of 56 PC RES 24-09
CITY OF HERMOSA BEACH
PC RESOLUTION NO. 24-09
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 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
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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.
PASSED, APPROVED and ADOPTED on this 18th day of June 2024.
AYES: CHAIRPERSON HOFFMAN, VICE CHAIRPERSON RICE, and
COMMISSIONERS HIRSH and IZANT
NOES: COMMISSIONER PEDERSEN
ABSTAIN:
ABSENT:
CERTIFICATION
I hereby certify the foregoing Planning Commission Resolution 24-09 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 June 18, 2024.
Peter Hoffman Carrie Tai
Chair Secretary
Date
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6/3/2026
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Exhibit A to Resolution 24-09
Draft Ordinance with Zoning Ordinance Amendments
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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. The following Chapters and Sections of Title 17 (Zoning) of the Hermosa
Beach Municipal Code, referenced in “Exhibit A” are hereby added. The enumeration
of the Chapters and Sections are placeholders to allow for a comprehensive final
renumbering upon adoption of the Zoning Ordinance.
SECTION 3. 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 4. 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
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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 5. 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 , 2024.
Mayor 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
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Exhibit A to Ordinance 24-
Zoning Ordinance Amendments
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Chapter 17.AA Introductory Provisions
17.AA.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.AA.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.AA.030 Authority
The Hermosa Beach Zoning Ordinance is adopted pursuant to the authority contained
in Section 65850 of the California Government Code.
17.AA.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.AA.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 agency shall be exempt from the provisions of this
Zoning Ordinance only to the extent that such property may not be lawfully
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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
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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, unless otherwise specified in this Title.
All allowances, requirements, and conditions of approval of previous
land use authorizations shall apply unless abandoned, expired, or 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.AA.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.AA.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.AA.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.
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Chapter 17.BB Zoning Review Authorities
17.BB.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.BB.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.BB.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.
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17.BB.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.
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.BB.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.
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Decision Type Advisory
Body
Review
Authority *
Appeal
Body
Public
Notification
Commission
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Chapter 17.BB Administrative Procedures
17.BB.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.BB.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
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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.BB.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.
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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.BB.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.BB.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.
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Permit Type
Notic
e
Type
Notification Method
g
Po
s
t
i
n
g
Minor Exception of
Pendin
g
t and
Abutting
*
None None
Minor Use Permit Pendin
g
100’ None None
All
Other
Permit Type
Notic
e
Type
Po
s
t
i
n
g
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
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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;
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
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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.BB.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.BB.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
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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.BB.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.BB.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.
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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.BB.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
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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.BB.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
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.
7. 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
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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.BB.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
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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.BB.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
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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.
Chapter 17.CC Zoning Clearance
17.CC.010 Purpose.
To provide a ministerial, by-right, review process for uses and structures that comply with
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both the list of permitted uses in the applicable zone and development standards,
limitations and other applicable regulations of this Title.
17.CC.020 Applicability
A Zoning Clearance is required for any proposed construction or the establishment of a
use – as specified in the Title.
17.CC.030 Review Authority
The Community Development Director or their designee may grant a Zoning Clearance
when required by this Title.
17.CC.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.” Zoning clearance applications for proposed uses or structures may
be processed independent of or concurrently with other applications as
determined by the Community Development Director.
B. Processing. Applications for Zoning Clearances shall be processed in a timely
manner with a decision rendered no more than 15-days from receipt of a
complete application.
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 TBD.
C. Report of Decision and Findings.
a. Approval. Approval will be based upon determining the request
complies with the standards, limitations and other regulations in the
governing section(s) of this Title, 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.
b. Denial. The Director shall deny the application if the request does not
comply with the standards, limitations and other regulations in the
governing section(s) of this Title. The Director shall provide the
applicant a written statement of the reasons the zoning clearance
cannot be approved. 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.CC.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,
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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.DD Administrative Permit
17.DD.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.DD.020 Applicability
Approval of an Administrative Permit is required for uses or developments specifically
identified in any section of this Title.
17.DD.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.DD.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
C. (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.DD.050 Required Findings
The Director or their designee must make all of the following findings to approve or
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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.DD.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.DD.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
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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.
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.EE Temporary Use Permits
17.EE.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.EE.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.
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17.EE.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.EE.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
C. (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.EE.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.EE.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
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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.
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.EE.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.FF Housing Accessibility - Reasonable Accommodation for Disability
17.FF.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
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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,
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
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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:
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.
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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.
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.
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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.
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
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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.FF.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.FF.020 Applicability Section Reserved
17.FF.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.FF.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;
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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.FF.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.FF.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.FF.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.GG Minor Use Permits
17.GG.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.GG.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.GG.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
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case, the application shall be processed as a Conditional Use Permit.
17.GG.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.GG.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.GG.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:
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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
Mitigate any potentially significant impacts identified because of environmental review
conducted in compliance with the California Environmental Quality Act.
17.GG.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.HH Conditional Use Permits
17.HH.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.HH.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.HH.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.HH.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 other evidence in support of the applicable findings required by Section
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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.
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
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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.HH.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;
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
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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; Noise, odor, dust and/or vibration that
may be generated by the proposed use;
9. Impact of the proposed use to the City’s infrastructure, and/or services;
10. Will the establishment contribute to a concentration of similar outlets in
the area;
11. 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.HH.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.HH.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 may grant an extension of the Permit for an additional
period as provided in this Title.
b. Discontinuation of Use. For any Conditional Use permit (CUP)
effectuated more than five years before (INSERT EFFECTIVE DATE
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OF ORDINANCE), the CUP shall expire if the use is discontinued
for 12 months or more. 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. The Director shall
not find an effectuated Conditional Use Permit expired when an
application for a building permit or entitlement has been filed
within 12 months of discontinuation to modify the CUP permitted
use, so long as the application or permit remains current, and is
diligently pursued. This exception is not applicable when a
building is voluntarily demolished.
c.
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.II Parking Plan
17.II.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.II.020 Applicability
Parking Plans may be requested by a property owner in accordance with the Off-Street
Parking Chapter of Title 17.
17.II.030 Review Authority
The Planning Commission shall act as the review authority for all Parking plans.
17.II.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
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before the Planning Commission pursuant to Section TBD, “Conduct of Public
Hearings”.
17.II.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.II.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.II.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.JJ Precise Development Plans
17.JJ.010 Purpose
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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.JJ.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.JJ.030 Review Authority
The Planning Commission shall act as the review authority for all Precise Development
Plans.
17.JJ.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.
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17.JJ.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;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;
2. Size, location, design, development, and arrangement of on-site
parking and other paved areas;
3. Height, materials, and design of fences, walls, and screen plantings;
4. Location and type of landscaping including selection and size of plant
materials, and design of hardscape; and
5. Size, location, design, color, lighting, and materials of all signs.
17.JJ.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.JJ.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.JJ.080 Appeals; Expiration, Extensions, and Revisions; Revocation
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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.KK Variances
17.KK.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.KK.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.KK.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.KK.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.KK.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
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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.KK.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.KK.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.LL Development Agreements
17.LL.010 Purpose
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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.LL.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.LL.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.LL.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
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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 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.LL.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.LL.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.MM Specific Plans
17.MM.010 Purpose
This Chapter establishes procedures for the consideration, adoption, and
implementation of specific plans for the purpose of implementing PLAN Hermosa
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(“General Plan”) on an area-specific basis.
17.MM.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. MM.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.MM.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.
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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.MM.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.NN Zoning Amendments
17. NN.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.NN.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. NN.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.NN.040 Procedures
A. Application. Applications for Zoning Amendments shall be filed with the
Community Development Department on the prescribed application forms
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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.
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
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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.NN.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.OOGeneral Plan Amendment
17.OO.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.OO.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. OO.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. OO.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.OO.050 Procedures
A. Application. Applications for General Plan Amendment shall be filed with the
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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.
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.
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17.OO.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.PP Coastal Clearance
17.PP.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. PP.020 Applicability
This Section shall apply to all development in the Coastal Zone, as defined by the
Coastal Act.
17. PP.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.PP.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.ZZ General Definitions
Aggrieved. 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
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unable to do either.
Ministerial. The procedure and process in which the review authority's role is limited
to ensuring that the use or structure conforms with the specific and objective
standards of applicable laws and ordinances. This process involves no discretion or
judgment by the review authority when making a decision.
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