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HomeMy WebLinkAboutORD.26-1500 (ZONE TEXT AMENDMENT)CITY OF HERMOSA BEACH ORDINANCE NO. ORD-26-1500 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REPEALING, REPLACING, RENAMING, AND AMENDING PORTIONS OF TITLE 17 OF THE HERMOSA BEACH MUNICIPAL CODE RELATING TO ADMINISTRATIVE PROCEDURES, ZONING REVIEW AUTHORITIES, AND RELATED LAND USE ENTITLEMENT PROCEDURES AS PART OF THE COMPREHENSIVE ZONING CODE UPDATE; AND DETERMINE THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, the City Council adopted the City of Hermosa Beach (“City”) General Plan entitled “PLAN Hermosa” on August 22, 2017; and WHEREAS, the City initiated the Comprehensive Zoning Code Update in March 2020 to ensure consistency between Title 17 of the Hermosa Beach Municipal Code (“Title 17”) and PLAN Hermosa; 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 TA23-02, approved as a part of the Housing Element related zoning changes in Ordinance 23-1471 dated November 14, 2023; and WHEREAS, the Planning Commission held a duly noticed public hearing on May 21, 2024, to consider amending Title 17, and recommended approval of the amendments; and WHEREAS, the City Council desires to modernize and consolidate administrative procedures and land use entitlement provisions within Title 17. THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Incorporation of Recitals. The above recitals are true and correct, and are incorporated herein by this reference. SECTION 2. Repeal and Replace. The provisions of Title 17 identified in this Ordinance are hereby repealed, replaced, renumbered, amended, and Page 1 of 69 ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 2 of 69 consolidated as set forth in the attached exhibits. SECTION 3. Findings. The City Council finds that the amendments adopted by this Ordinance are consistent with PLAN Hermosa, and necessary to modernize administrative procedures and zoning implementation provisions. SECTION 4. Repeal of Specific Chapters and Sections. The City Council hereby repeals the following Chapters and Sections of Title 17: a.Section 17.26.040 – Similar Use Permitted b.Section 17.42.120 – Housing accessibility – Reasonable accommodation for disability c.Chapter 17.54 – Variances d.Chapter 17.55 – Administrative Permits e.Chapter 17.56 – Conditional Use Permits f.Chapter 17.58 – Precise Development Plans g.Chapter 17.64 – Development Agreements SECTION 5. Adoption of Amendments. The City Council hereby amends Title 17 and adopts the following exhibits, all of which are attached hereto and incorporated herein by reference: a. Exhibit A. Chapter 17.01 – Introductory Provisions b. Exhibit B. Chapter 17.02 – Zoning Review Authorities c. Exhibit C. Chapter 17.03 – Administrative Procedures d. Exhibit D. Section 17.04.040 – Definitions e. Exhibit E. Chapter 17.60 – Zoning Clearance f. Exhibit F. Chapter 17.62 – Administrative Permit g. Exhibit G. Chapter 17. 66 – Minor Exception h. Exhibit H. Chapter 17. 68 – Minor Use Permit i. Exhibit I. Chapter 17. 70 – Conditional Use Permit j. Exhibit J. Chapter 17. 72 – Parking Plan k. Exhibit K. Chapter 17. 74 – Precise Development Plan l. Exhibit L. Chapter 17. 76 – Variances m. Exhibit M. Chapter 17. 78 – Coastal Clearance n. Exhibit N. Chapter 17. 80 – Development Agreements o. Exhibit O. Chapter 17. 82 – Specific Plans p. Exhibit P. Chapter 17. 84 – Zoning Amendments q. Exhibit Q. Chapter 17. 86 – General Plan Amendments SECTION 6. California Environmental Quality Act (“CEQA”). The City Council finds that this Ordinance is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3) because the amendments relate to administrative procedures and do not authorize additional development or intensification of land use. ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 3 of 69 SECTION 7. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications; and, to this end, the provisions of this Ordinance are severable. SECTION 8. Certification. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the Ordinance’s passage and adoption, cause it to be published or posted in accordance with California law. SECTION 9. Effective Date. This Ordinance shall take effect thirty (30) days following adoption by the City Council. PASSED, APPROVED, and ADOPTED on this 23rd day of June 2026. Mayor Mike Detoy PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM: _____________________________ ________________________________ Martha Alvarez Jason Baltimore City Clerk Interim City Attorney ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 4 of 69 EXHIBIT A CHAPTER 17.01 – INTRODUCTORY PROVISIONS Chapter 17.01 (Introductory Provisions) is hereby added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows: Chapter 17.01 Introductory Provisions 17.01.010 Title Title 17 of the Hermosa Beach Municipal Code shall be known and cited as the “Hermosa Beach Zoning Ordinance”, “Zoning Ordinance of the City of Hermosa Beach”, or “Zoning Ordinance.” 17.01.020 Purpose The purpose of the Zoning Ordinance is to implement the City’s General Plan and to protect and promote the public health, safety, peace, comfort, convenience, prosperity, and general welfare. More specifically, the Zoning Ordinance is adopted to achieve the following objectives: A.Provide standards for the orderly growth and development of the City, and guide and control the use of land to provide a safe, harmonious, attractive, and sustainable community. B.Achieve the arrangement of land uses depicted in the Hermosa Beach General Plan, consistent with the goals and policies of the General Plan. C.Enhance the appearance of the City and promote high-quality design. D.Preserve and enhance the quality of life and character of residential neighborhoods. E.Promote economic growth and the creation of jobs. F.Facilitate the appropriate location of community facilities, institutions, transportation, and parks and recreational areas. G.Allow for public participation in government decision-making regarding land use and development in a manner consistent with State law. ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 5 of 69 H.Define duties and powers of administrative bodies and officers responsible for implementation of the Zoning Ordinance. 17.01.030 Authority The Hermosa Beach Zoning Ordinance is adopted pursuant to the authority contained in Section 65850 of the California Government Code. 17.01.040 Relationship to the General Plan This Zoning Ordinance implements the goals and policies of PLAN Hermosa, the city’s adopted Hermosa Beach General Plan, and Coastal Land Use Plan, by regulating the use of land and structures within the City. Any permit, license, or approval issued pursuant to this Zoning Ordinance must be consistent with the General Plan and all applicable specific plans. 17.01.050 Applicability A.Applicability to Property. This Zoning Ordinance shall apply, to the extent permitted by law, to all property within the corporate limits of the City of Hermosa Beach and to property for which applications for development and/or subdivisions have been submitted to the City of Hermosa Beach, including all uses, structures, and land owned by any private person, firm, corporation or organization, or the City of Hermosa Beach or other local, State, or Federal agencies. Any governmental agency shall be exempt from the provisions of this Zoning Ordinance only to the extent that such property may not be lawfully regulated by the City. B.Minimum Requirements. The provisions of this Zoning Ordinance shall be deemed the 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. Nothing in this section shall be construed to require or allow a City official or body to exercise its discretion in a manner that would be contrary to state or Federal law. 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, ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 6 of 69 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. 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 any recorded easement, covenant, or other agreement now in effect, is in conflict with state or federal law, or 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 land use or structure 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 construction is diligently pursued and completed pursuant to the provisions of the California Building Code, as adopted by the City of Hermosa Beach. 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. Any land use or structure, which was previously legally established, ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 7 of 69 and has been deemed nonconforming as a result of adoption of this Zoning Ordinance, shall be subject to Chapter 17.52 (Nonconforming Buildings and Uses). All permits, entitlements, and conditions of approval of previous land use authorizations shall apply until the applicable review authority specifically repeals the allowance, requirement of this Title, or condition. 3.Land Use Authorization in Process. An application for a discretionary land use authorization that has been accepted by the Community Development Department as complete for processing prior to the adoption of this Zoning Ordinance or any applicable amendment shall be processed according to the requirements of this Zoning Ordinance or the prior Zoning Ordinance upon written request from the project applicant. The written request shall be made no later than 30 days after the effective date of this Zoning Ordinance and at least one action must be taken by the review authority within 210 days of the effective date of this Zoning Ordinance. H.Application During Local Emergency. The City Council may authorize a deviation from a provision of this Zoning Ordinance during a local emergency declared and ratified under the Hermosa Beach Municipal Code. The City Council may authorize a deviation by resolution without notice or public hearing. 17.01.060 Responsibility for Administration The Zoning Ordinance shall be administered by the Hermosa Beach City Council, Planning Commission, and Community Development Department as established in Chapter 17.02, Zoning Review Authorities. 17.01.070 Permissive Ordinance This title shall be considered a permissive ordinance, whereby only those uses, structures, or facilities that are authorized hereby are allowed, except as provided through an administrative determination, an administrative use permit, or other discretionary action. 17.01.080 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 ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 8 of 69 of the remaining portions of this Zoning Ordinance. The Hermosa Beach City Council hereby declares that it would have passed this Zoning Ordinance, and each section, subsection, sentence, clause, and phrase thereof, regardless of the fact that any or one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. 17.01.090 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, as well as the necessary fees to mitigate impacts, as allowed by State law. All fees shall be paid at the time an application is filed, and no processing shall commence until the fees are paid in full. 17.01.100 Penalty A.Violations of zoning regulations. Violations of the provisions of this title shall be subject to the administrative penalty provisions of Chapter 1.10. B.Each day a separate offense. Each person, firm or corporation found guilty of a violation shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provision of this title is committed, continued or permitted by such person, firm or corporation, and any use, occupation or building or structure maintained contrary to the provisions hereof shall constitute a public nuisance. C.Violation of conditions of conditional use permits and precise development plans. No person shall violate any conditions of a conditional use permit or precise development plan. Such violations shall be subject to the administrative penalty provisions of Chapter 1.10 in addition to the measures set out in Section 17.03.110 (Revocation of Permits). ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 9 of 69 EXHIBIT B CHAPTER 17.02 – ZONING REVIEW AUTHORITES Chapter 17.02 (Declaration of Purpose) of the Hermosa Beach Municipal Code shall be deleted in its entirety and new Chapter 17.02 (Zoning Review Authorities) is added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows: Chapter 17.02 Zoning Review Authorities 17.02.010 Purpose This Chapter lays out the basic roles, responsibilities, and functions of all planning authorities under this Title, including the City Council, Planning Commission, and Community Development Director (Director). 17.02.020 City Council The powers and responsibilities of the City Council include, but are not limited to the following: A.Consider and adopt, deny, or modify proposed General Plan Amendments, Local Coastal Program, Specific Plans, and environmental documents related to any of the foregoing, pursuant to Chapter 17.17 (General Plan Amendments). B.Consider and adopt, deny or modify proposed amendments to the Zoning Ordinance and Zoning Map and environmental documents related to any of the foregoing, pursuant to Chapter 17.16 (Zoning Amendments). C.Consider and adopt, deny, or modify Development Agreements, following a public hearing and recommended action by the Planning Commission, pursuant to Chapter 17.14 (Development Agreements). D.Hear and decide appeals from decisions of the Planning Commission pursuant to Section 17.03.120 (Appeals and Calls for Review). E.Establish, by resolution, a Master Fee Schedule charges, and deposits for various applications and services provided, pursuant to Chapter 2.64 (Fees and Service Charges). ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 10 of 69 17.02.030 Planning Commission The powers and responsibilities of the Planning Commission include, but are not limited to the following: A.Annually review of 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, Certificates of Appropriateness, and other entitlements as outlined in Section 17.02.050 (Review Authorities for Decisions and Appeals). 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 determinations related to any of the foregoing. E.Hear and approve, modify, or deny appeals from decisions of the Community Development Director. F.Hear and approve, modify, or deny proposals to revoke permits, pursuant to Section 17.03.110 (Revocation of Permits). G.Make environmental determinations on any powers and responsibilities listed in this section and that are subject to environmental review under the California Environmental Quality Act, except as excluded above. H.Such other powers and responsibilities as assigned or directed by the City Council. 17.02.040 Community Development Director The powers and responsibilities of the Community Development Director or their designee, include, but are not limited to the following: A.Maintain, interpret, and administer the Zoning Ordinance, including the processing of applications, abatements, interpretations, and other enforcement actions. B.Review applications for permits and licenses for conformance with this Title ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 11 of 69 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. C.Approve, modify, or deny Permits, as authorized pursuant to Section 17.02.050 (Review Authorities for Decisions and Appeals). D.Initiate Specific Plans and related amendments; zoning code and zoning maps Amendments; and General Plan Amendments, including amendments to the General Plan Land Use Map. E.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. F.Make environmental determinations on any powers and responsibilities listed in this section and that are subject to environmental review under the California Environmental Quality Act, pursuant to State law. G.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. H.Investigate and report to the Planning Commission on permit violations when the City has initiated revocation procedures, pursuant to Section TBD, Revocation of Permits. I.Delegate administrative functions to members of the Community Development Department. J.Other duties and powers as may be assigned by the City Manager or may be established through legislation. 17.02.050 Review Authorities for Decisions and Appeals Summary of Review Authorities for Decisions and Appeals, summarizes the powers and duties that each review authority has under this Title. Where a project requires more than one type of application, all permit requests may be reviewed and decided on by the highest review authority established for any of the applications. ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 12 of 69 REVIEW AUTHORITIES FOR DECISIONS AND APPEALS Decision Type Advisory Body  Review Authority * Appeal Body  Public Notification Ministerial Action Zoning Clearance - Staff Director No Administrative Action Administrative Permit Emergency Shelters - Director Planning Commission No Entertainment, Limited Live - Director Planning Commission No Limited Outdoor Seating - Director Planning Commission No Low Barrier Navigation Centers - Director Planning Commission1 No Residential Care Facility - Director Planning Commission No Short Term Vacation Rental - Director Planning Commission No Supportive Housing (up to 50 units) - Director Planning Commission1 No Temporary Use and Temporary Events - Director Planning Commission No Convex Slope Determination - Director Planning Commission Yes Portable A-Frame - Director Planning Commission No Temporary Sign Permit Alternative Grade Determination - Director Planning Commission No Reasonable Accommodation Building Official Director Planning Commission1 No Minor Modification - Director N/A No Zoning and Similar Use Interpretation - Director Planning Commission No Entitlement Action ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 13 of 69 REVIEW AUTHORITIES FOR DECISIONS AND APPEALS Decision Type Advisory Body  Review Authority * Appeal Body  Public Notification Certificate of Appropriaten ess Minor Director Planning Commission - Yes Major Director Planning Commission City Council Conditional Use Permit - Planning Commission City Council Yes Minor Use Permit - Director Planning Commission Yes Variance - Planning Commission City Council Yes Minor Exception - Director Planning Commission Yes Parking Plan - Planning Commission City Council Yes Amendment to Planning Entitlement - Planning Commission City Council Yes Precise Development Plan Minor - Director Planning Commission Yes Major - Planning Commission City Council Yes Determination of Legality of Nonconforming Residential Buildings - Planning Commission City Council Yes Legislative Action General Plan Amendment Planning Commissio n City Council - Yes Specific Plan Planning Commissio n City Council - Yes Zoning Amend ments Zone Text Amendment Planning Commissio n City Council - Yes Zone Change Planning Commissio n City Council - Yes Development Agreement Planning Commissio n City Council - Yes ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 14 of 69 REVIEW AUTHORITIES FOR DECISIONS AND APPEALS Decision Type Advisory Body  Review Authority * Appeal Body  Public Notification Historic Landmark Nomination Planning Commissio n City Council - Yes (1)Subject to appeal only if denied by the Director. ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 15 of 69 EXHIBIT C CHAPTER 17.03 – ADMINISTRATIVE PROCEDURES Chapter 17.03 (Administrative Procedures) is hereby added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows: Chapter 17.03 Administrative Procedures 17.03.010 Purpose This Chapter establishes uniform procedures for the preparation, filing, and processing of any land use permits and entitlement applications provided for in this Title, unless superseded by a specific requirement of this Title or State law. 17.03.020 Application Forms and Fees A.Applicant. The owner of property or their authorized agent may submit applications for land use permits. If the application is made by someone other than the owner or the owner’s agent, proof of the right to represent the owner shall accompany the application. The Director shall prepare and issue application forms and lists that specify the information required from applicants. B.Application Materials. 1.Application Forms and Fees. Applications for land use permits, which are authorized by this Title, shall be filed on forms prepared by the Director, which may be modified from time to time. Applications shall be accompanied by all required fees as outlined in the Master Fee Schedule. 2.Supporting Materials. The Director shall provide a list of supporting materials that shall be submitted as part of the application. This may include, but is 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 at the Community Development Department. Unless prohibited by law or superseded by specific permit ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 16 of 69 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 land use permit by this Title (e.g., Conditional Use Permit, Variance, Precise Development Plan, etc.), shall file all related applications concurrently, with all applicable fees. 2.Concurrent Processing. Multiple land use 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. D.Application Fees. Refund of Fees. Application fees are non-refundable regardless of the review authority's decision. Filing fees cover the costs incurred by the City for staff’s review of the application materials, preparation of required finings, notices, and postings. In the case of an application withdrawal prior to the public hearing notice, the Director, at the request of the applicant, may authorize a partial refund in accordance with department policy. 17.03.030 Review of Applications A.Initial Completeness Review. The Director shall determine whether an application is complete within 30 days of the date the application is filed and required fee received. 1.Incomplete Application. If an application is deemed incomplete, the Director shall provide written notification to the applicant listing the applications for permit(s), forms, information, and any additional fees that are necessary to complete the application and specify a time limit for submittal of the requested information. The time limit to submit additional information shall be at least 30 days. a.Zoning Ordinance Violations. An application shall not be found complete if conditions exist on the site in violation of this Title or any permit or other approval granted in compliance with this Title, unless the proposed project includes the correction of the violations or, in the sole discretion of the Director, the application is deemed complete notwithstanding the violation. ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 17 of 69 b.Appeal of Determination. Determinations of incompleteness are subject to the provisions of Section 17.03.120 (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 17.03.090 (Effective Dates: Expiration and Extension), 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 17.03.050 (Public Notice). B.Referral of Application. At the discretion of the Director, or where otherwise required by this Title, State or Federal law, any application filed in compliance with this Title may be referred to any City department, public agency, or interest group that may be affected by or have an interest in the proposed land use project. C.Extensions. The Director may, upon written request and for good cause, grant extensions of any time limit for review of applications imposed by this Title. 17.03.040 Environmental Review All discretionary projects shall be reviewed for compliance or exemption with the California Environmental Quality Act (CEQA). The designated planning authority for the entitlement shall be responsible for taking action on the corresponding exemption or environmental review. Environmental review will be conducted pursuant to Title 14 of the California Code of Regulations (CEQA Guidelines). If Title 14 of the California Code is amended, such amendments will govern City procedures. ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 18 of 69 17.03.050 Public Notice Unless otherwise specified, whenever the provisions of this Title require public notice, the City shall provide notice as required by this section and by the California Government Code. A.Notification Method. Public Notice shall be provided a minimum of 10 days, but no more than 45 days, prior to the public hearing or to a Director’s decision. Permit Type Notice Type Notification Method Mailing Radius Websit e Site Postin g Newspape r Minor Exception Notice of Pending Action Adjacent and Abutting1 Properties Yes No No Minor Use Permit Notice of Pending Action 100’ Yes No No Minor Precise Development Plan Notice of Pending Action 100’ Yes Yes No All Other Residential Projects Notice of Hearing 300’ Yes Yes Yes Commerci al Projects Notice of Hearing 500’ Yes Yes Yes General Plan or Zoning Code Text Amendment Notice of Hearing N/A Yes N/A Yes ⅛ page ad minimum size General Plan or Zoning Code Map Amendment Notice of Hearing 500’ Yes Yes Yes (1). Shall include properties located across a street or alley. B.Mailed Notice. At least ten (10) days before the date of the public hearing ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 19 of 69 or the date of the Director’s decision notice shall be provided by First-Class mail delivery to the following: 1.The applicant, the owner, and any occupant of the subject property; 2.The owner and occupants of all properties within the specific notification radius; and 3.Any person or group who has filed a written request for notice regarding the specific application; 4.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 5.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 persons 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 the Director’s decision the notice shall be published 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. ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 20 of 69 G.Amendments. Notwithstanding any other time limit set forth in this Chapter, any amendment or ordinance that affects the permitted use of real property, notice shall be published, posted, mailed, and delivered, or advertised, as applicable, at least 20 days before the hearing. H.Additional Notice. The Director may require additional notice in a manner the Director deems appropriate. I.Content of Public Notice. The notice, at a minimum, shall include the following information: 1.The location of the real property that is the subject of the application; 2.Name of property owner(s), representative(s), and 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, review authority, and purpose of the public hearing or the date of action when no public hearing is required; 7.A statement indicating the level of environmental review that is applicable to the project and the location and times any environmental impact assessment prepared in connection with the application may be viewed by the public; 8.A statement that any interested person or authorized agent may appear and be heard; 9.A statement describing how to submit written comments; and 10. For matters which the Planning Commission makes a recommendation to the City Council, or when the Planning Commission’s decision is appealed to the City Council, the notice shall also include a summary of the Planning Commission’s action. The omission of a component of the public notice content shall not automatically invalidate a public notice. ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 21 of 69 J.Failure to Receive Mailed Notice. The validity of the proceedings shall not be affected by the failure of any property owner, resident, or community organization to receive mailed notice. 17.03.060 Conduct of Public Hearings Whenever the provisions of this Title require a public hearing, the hearing shall be conducted in compliance with the requirements of State law as follows. A.Generally. Hearings shall be conducted pursuant to procedures adopted by the hearing body. B.Scheduling. Hearings before the City Council shall be scheduled by the City Clerk. All other hearings shall be scheduled by the Director . 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. 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 with public notice of the continued hearing. F.Decision. The public hearing shall be closed before a vote is taken. 17.03.070 Findings and Notice of Action When deciding to approve, approve with conditions, modify, revoke, or deny any discretionary permit under this Title, the review authority shall issue a Notice of Action and make findings of fact as required by this Title. A.Findings. Findings, when required by State law or this Title, shall be based upon consideration of the application, plans, testimony, reports, and other materials that constitute the administrative record and shall be stated in writing in the resolution or notice of action on the permit. B.Date of Action. The review authority shall decide to approve, modify, revoke, or deny any discretionary permit following the closure of the public hearing, or if no public hearing is required, within 30 days of the date the ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 22 of 69 City has determined an application to be complete. C.Notice of Action. Upon approving, modifying, or denying a land use permit by the review authority, a notice of action shall be issued. The Notice shall describe the action taken, including any applicable conditions, the findings that were the basis for the decisions, and if the decision is subject to appeal. 1.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 five days of the decision being made. 2.Planning Commission Action. The Director shall mail a Notice of Action 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 five days of the Planning Commission action. Additionally, the City Council shall receive notification pursuant to Section 2.52.040 City Council Review of Decisions of the Planning Commission the. 3.. City Council Action. Within five days of City Council action, the City Clerk shall mail a Notice of Action to the applicant and to any other person or entity that has filed a written request for such notification with the Community Development Department. 17.03.080 Scope of Approval A.Scope. The scope of approvals includes only those uses and activities proposed in the application. B.Conditions. The site plan, floor plans, building elevations, and/or any additional information or representation 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 subject to the revocation as set forth in Section 17.03.110 Revocation of Permits. ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 23 of 69 D.Periodic Review. All approvals may be subject to periodic review to determine compliance with the permit and applicable conditions. If a condition specifies that activities or uses allowed under the permit are subject to periodic reporting, monitoring, or assessments, it shall be the responsibility of the permit holder, the property owner, or successor property owners to comply with such conditions. 17.03.090 Effective Dates: Expiration and Extension A.Effective Dates. A decision shall be effective on the date of action except as provided below. No building permit or business license shall be issued until after the effective date. 1.City Council Decisions. All City Council actions shall become effective immediately, with the exception of Amendments to the Zoning Ordinance or Zoning Map, and any new or amended Specific Plan, which . shall take effect 30 days after the second reading of the ordinance, unless adopted by urgency in accordance with applicable law. 2.Planning Commission Decisions. All Planning Commission actions shall become effective 15 days after the decision unless : a.City Council initiates review pursuant to Section 2.52.040, City Council Review of Decisions of the Planning Commission, of this code. b.After the expiration of the 15-day appeal period following the date of action, unless an appeal is filed pursuant to Section 17.03.120. 3.Director Decisions. 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 17.03.120. 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 or development 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 ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 24 of 69 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 map shall be automatically extended to be the same as the term of such tentative 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 Director 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. An approval or permit for the use of a building or property shall be considered exercised when any of the following occurs: 1.A valid City business license has been issued, and the permitted use has commenced on the site. 2.A valid City building permit is issued, and construction has commenced and is diligently pursued to completion. 17.03.100 Minor Modifications and Amendments 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 follows: A.Minor Modifications. The Community Development Director may approve minor revisions to approved plans and permits, excluding late-night establishments and outdoor uses, when it can be found that the modification is consistent with the original application findings, environmental analysis, and conditions approved by the original Review Authority. The modifications may not substantially expand or intensify the ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 25 of 69 use or approved floor area by a cumulative amount greater than ten percent or 1,500 square feet, whichever is less. B.Amendment. Any revision, modification, or amendment to a permit, which does not meet the qualifications for a Minor Modification set forth in subsection A, for a use or structure may be modified by the original approval authority for said use or structure. The manner in which the revision, modification, or amendment shall be considered shall be the same in which a new permit for a use or structure would be considered. 17.03.110 Revocation of Permits Any permit granted under this Title may be revoked or revised for cause if any of the conditions or terms of the permit are violated or if any law or ordinance is violated. A.Initiation of Proceeding. Revocation proceedings may be initiated by the City Council, Planning Commission, or Director. B.Public Notice, Hearings, and Action. After conducting a duly-noticed public hearing, the Planning Commission shall act on the proposed revocation, pursuant to Chapter 17.03.050. 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 ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 26 of 69 exercised as to be detrimental to the public health or safety, or so as to constitute a nuisance; 6.That the circumstances under which the permit was granted have been changed by the owner or operator to such a degree that one or more of the findings contained in the permit is no longer valid and the public health, safety, and welfare merit revocation of the permit; or 7.That the conditions of approval are found to be inadequate to mitigate the impacts of the use allowed by the permit, and the public health, safety and welfare merit modification of the permit. B.Notice of Action. Following Planning Commission action to revoke or modify a permit, the Director shall issue a Notice of Action within five business days. The Notice shall describe the Commission’s action with its findings. The Director shall mail notice to the permit holder and to any person or entity who requested the revocation proceeding. 17.03.120 Appeals and Calls for Review A.City Council Calls for Review. Two members of the City Council may initiate review of any actions of the Planning Commission pursuant to Section 2.52.040 of this 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. 2.Rights of Appeal. Appeals may be filed by the applicant, by the ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 27 of 69 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 in accordance with Section 2.52.040. In the event an appeal period ends on a day the City is closed, the appeal period shall end at the close of business on the next consecutive business day. 4.Procedures. a.Filing. The appeal shall identify the decision being appealed and shall clearly and concisely state the reasons for the appeal. The appeal shall be accompanied by the required fee. b.Proceedings Stayed by Appeal. The timely filing of an appeal shall stay all proceedings in the matter appealed including, but not limited to, the issuance of City building permits and business licenses. c.Transmission of Record. The Director, or in the case of appeals to the City Council, City Clerk, shall schedule the appeal for consideration by the authorized hearing body. 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 17.03.050. Notice of the hearing shall also be given to the ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 28 of 69 applicant and party filing the appeal and any other interested person who has filed with the City Clerk a written request for such notice. 7.Action. An action to grant an appeal shall require a majority vote of the hearing body members. A tie vote shall have the effect of rejecting the appeal. 17.03.130 Zoning Determination and Similar Use Determinations Requests for determinations of this Title and verifications relating to prior approvals or permits may be made to the Director. Requests shall be in writing. A.Zoning Determination. A request for an interpretation of the Zoning Ordinance may be made for provisions that are unclear. 1.Community Development Director Interpretations: a.Director’s Administrative Zoning Determination. As part of the director’s administrative authority, the Director my initiate a code interpretation whenever necessary to clarify a conflicting provision or procedure of the code. b.Director’s Formal Zoning Determination. The Director may respond to formal inquiries regarding code provisions. The interpretation shall be in writing and will be made available by the Community Development Department pursuant to this section. Formal Director’s Interpretations are binding and may be appealed pursuant to Chapter 17.03.050. A fee for a formal interpretation shall be assessed in accordance with City’s 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 ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 29 of 69 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. 17.03.140 Reasonable Accommodation for Disability A.Purpose and Applicability. In compliance with Federal and State fair housing laws, it is the purpose of this section to provide reasonable accommodations in the City’s zoning and land use regulations, policies, and practices when needed to provide an individual with any disability an equal opportunity to use and enjoy a dwelling. B.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 ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 30 of 69 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. C.Application Submittal. Any person with a disability may request a reasonable accommodation on a form supplied by the Community Development Department.: 1.Timing. A request for reasonable accommodation may be filed at any time that the accommodation may be necessary to ensure equal access to housing. 2.Obligations. 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. 3.Assistance. If an individual needs assistance in making the request for reasonable accommodation, the City shall provide assistance to ensure that the process is accessible. 4.Concurrent Filing. 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. D.Reviewing Authority. Applications for reasonable accommodation shall be reviewed by the Community Development Director or their designee. E.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 ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 31 of 69 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. F.Decision. 1.The review authority shall consider an application and issue a written determination within forty (40) calendar days of the date of receipt of a completed application. 2.If necessary to reach a determination on any request for reasonable accommodation, the review authority may request further information from the applicant consistent with this section, specifying in detail what information is required. In the event a request for further information is made, the applicable time period to issue a written determination shall be stayed until the applicant reasonably responds to the request. 3.The review authority’s written decision shall set forth the findings, any conditions of approval, notice of the right to appeal, and the right to request reasonable accommodation on the appeals process, if necessary. The decision shall be mailed to the applicant. 4.The reasonable accommodation shall be subject to any reasonable conditions imposed on the approval that are consistent with the purposes of this section. 5.In making the approval findings in subsection (D) of this section, the review authority may approve alternative reasonable accommodations that provide an equivalent level of benefit to the ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 32 of 69 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. 9.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.Appeals. An appeal of the Director’s decision may only be filed by the applicant of the reasonable accommodation request. Appeals shall be processed pursuant to 17.03.120 (Appeals and Calls for Review). H.Expiration, Extensions, and Revocations. 1.Expiration and Extensions. Approved reasonable accommodations may expire or be extended pursuant to 17.03.090 (Effective Dates: Expiration and Extension). 2.Revocation. Reasonable accommodations that have been previously approved, may be revoked pursuant to Section 17.03.110 (Revocation of Permits). 3.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 processed pursuant to Section 17.03.100 (Minor Modifications and Amendments). ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 33 of 69 EXHIBIT D CHAPTER 17.04 – DEFINITIONS Section 17.04.040 (General definitions) of Chapter 17.04 (Definitions) of Title 17 (zoning) is hereby amended to include the following definitions in alphabetical order. Unless modified herein, all other definitions shall remain as currently written. Section 17.04.040 – General Definitions Aggrieved Person means any person who, in person or through a representative, appeared at a public hearing or responded to a public notice, in connection with a city decision or action, or who, by other appropriate means before a hearing, decision or action by the review authority made their concern known or who for good cause was unable to do either. Building Official means the Building Official of the City of Hermosa Beach. Director means the same as “Director of community development”. Ministerial Review means an action process that requires a review of objective criteria established in the code and requires no personal judgment. ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 34 of 69 EXHIBIT E CHAPTER 17.60 – ZONING CLEARANCE Chapter 17.60 (Determination of Legality of Nonconforming Residential Buildings) is hereby deleted in its entirety and new Chapter 17.60 (Zoning Clearance) is added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows: Chapter 17.60 Zoning Clearance 17.60.010 Purpose. The purpose of a Zoning Clearance is to ensure that a proposed use, structure, or matter requiring ministerial review complies with the standards, limitations, and other applicable regulations of the Title. 17.60.020 Applicability A Zoning Clearance is required for any proposed construction or the establishment of a use requiring a ministerial review as specified in this Title. 17.60.030 Review Authority The Community Development Department may grant a Zoning Clearance when required by this Title. 17.60.040 Procedures. A.Application. Applications for Zoning Clearance shall be filed with the Community Development Department on application forms prescribed by the Director. 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. 1.Notwithstanding above, permits for accessory dwelling units and/or junior accessory dwelling units shall be decided within 60-day days of receipt of a complete application and subject to the provisions outlined in Chapter 17.21. ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 35 of 69 C.Report of Decision and Findings. Action by the Director shall be made pursuant to Section 17.03.070 (Findings and Notice of Action). 17.60.050 Appeals; Expiration, Extensions, and Revisions; Revocation A.Appeals. Ministerial or non-discretionary Zoning Clearances are not eligible for appeal, except where required by State law and in such case shall be processed pursuant to Section 17.03.120 (Appeals and Calls for Review). B.Expiration and Extension. An approved Zoning Clearance may expire or be extended pursuant to Section 17.03.090 (Effective Dates: Expiration and Extension). C.Revocation and Expiration. Revocation and Expiration of any Zoning Clearance shall be processed pursuant to Section 17.03.110 (Revocation of Permits). ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 36 of 69 EXHIBIT F CHAPTER 17.62 – ADMINISTRATIVE PERMITS Chapter 17.62 (Planning Commission Authority – Building Code) is hereby deleted in its entirety and new Chapter 17.62 (Administrative Permit) is added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows: Chapter 17.62 Administrative Permit 17.62.010 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. 17.62.020 Applicability Approval of an Administrative Permit is required for uses or developments specifically identified in any section of this Title. 17.62.030 Review Authority The Community Development Director of their designee 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. 17.62.040 Procedures A.Application Filing. Applications for Administrative Permits shall be filed with the Community Development Department on the prescribed application forms pursuant to Section 17.03.020 (Application Forms and Fees) and Section 17.03.0.30 (Review of Applications). The application for an administrative application shall include data or evidence supporting the required findings. B.Report of Decisions and Findings. Approval will be based upon determining the request complies with applicable standards and regulations and may include conditions necessary to protect public health, safety and welfare. 17.62.050 Required Findings The Director shall make all of the following findings to approve or conditionally approve an Administrative Permit application. The inability to make one or more of the findings is grounds for denial of an application. Written findings shall be ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 37 of 69 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 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. 17.62.060 Conditions of Approval The Community Development Director may impose reasonable conditions deemed necessary to ensure compliance with the findings for an Administrative Permit. 17.62.070 Appeals; Expiration, Revocation A.Appeals. Appeals of Administrative Permits shall be processed pursuant to Section 17.03.120 (Appeals and Calls for Review). B.Expiration and Extension. An approved Administrative Permits may expire or be extended pursuant to Section 17.03.090 (Effective Dates: Expiration and Extension). C.Revocation and Expiration. Revocation and Expiration of any Administrative Permits shall be processed pursuant to Section 17.03.110 (Revocation of Permits). ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 38 of 69 EXHIBIT G CHAPTER 17.66 – MINOR EXCEPTION Chapter 17.66 (Amendments) is hereby deleted in its entirety and new Chapter 17.66 (Minor Exception) is added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows: Chapter 17.66 Minor Exception 17.66.010 Purpose The purpose of this Chapter is to establish a means of granting minor relief development standards.. 17.66.020 Applicability The following changes to development standards may be approved through a Minor Exception. A.Up to ten percent reductions in setback and open space requirements for existing buildings; B.Projections where existing setbacks conform except for projections at local points in the building walls, such as for bay windows when the length parallel to the wall of any such projection is no greater than eight feet, or when the existing projecting element is no closer than three feet from the property line and no greater than one-quarter of the total length of the wall from which it projects; C.Eaves, to match the existing eave projection when adding to an existing building, and when the new eave will also conform to the requirements of the California Building Code; D.The enlargement of windows in nonconforming buildings, and other minor structural alterations in nonconforming buildings, provided there is no increase in total floor area; E.Up to a ten percent reduction in parking stall dimensions for structural reasons, when providing parking in existing buildings; F.Arbors or trellises in rear yards, for privacy, when the grade of the adjacent property is higher than that of the subject property. Sides and tops of arbors and trellises are to be made only of framework or latticework, and must be at least fifty (50) percent open. ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 39 of 69 17.66.030 Review Authority The Community Development Director shall act as the review authority for Minor Exceptions. 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. A.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. 17.66.040 Procedures A.Application. An application for a Minor Exception shall be filed to the Community Development Department on the application forms prescribed by the Director. B.Public Notice. An application for a Minor Exception shall require a public notice prior to the Director’s decision pursuant to Section 17.03.050 (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. 17.66.050 Required Findings The Community Development Director shall 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 necessary to avoid inconsistencies with the general intent of this Title; and 3.The requested minor exception for the same development standard has not been approved within the last 10 years. ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 BBK (2026) Page 40 of 69 17.66.060 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. 17.66.070 Appeals; Expiration, Extensions, and Revisions; Revocation A.Appeals. Appeals of Minor Exceptions shall be processed pursuant to Section 17.03.120 (Appeals and Calls for Review). B.Expiration and Extension. An approved Minor Exception may expire or be extended pursuant to Section 17.03.090 (Effective Dates: Expiration and Extension). C.Revocation and Expiration. Revocation and Expiration of any Minor Exception shall be processed pursuant to Section 17.03.110 (Revocation of Permits). ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 41 of 69 EXHIBIT H CHAPTER 17.68 – MINOR USE PERMITS Chapter 17.68 (Procedure, Hearings, Notices and Fees) is hereby deleted in its entirety and new Chapter 17.68 (Minor Use Permits) is added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows: Chapter 17.68 Minor Use Permits 17.68.010 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. 17.68.020 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. 17.68.030 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. 17.68.040 Procedures A.Application. Applications for Minor Use Permits shall be filed with the Community Development Department on application forms as prescribed by the Director. 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 17.03.050 (Public Notice). ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 42 of 69 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. 17.68.050 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 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.  17.68.060 Conditions of Approval In approving a Minor Use Permit, the review authority may impose reasonable conditions or restrictions and/or require reasonable guarantees and evidence that such conditions are being, or will be, complied with, to achieve the following outcomes: A.Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the City Council; B.Achieve the general purposes of this Title or the specific purpose of the zone in which the project is located; ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 43 of 69 C.Achieve the findings for a Minor Use Permit listed in Section 17.68.050; or D.Mitigate any potentially significant impacts identified because of environmental review conducted in compliance with the California Environmental Quality Act. 17.68.070 Appeals; Expiration, Extensions, and Revisions; Revocation A.Appeals. Appeals of Minor Use Permits shall be processed pursuant to Section 17.03.120 (Appeals and Calls for Review). B.Expiration and Extension. An approved Minor Use Permit may expire or be extended pursuant to Section 17.03.090 (Effective Dates: Expiration and Extension). C.Revocation and Expiration. Revocation and Expiration of any Minor Use Permit shall be processed pursuant to Section 17.03.110 (Revocation of Permits). D.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. ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 44 of 69 EXHIBIT I CHAPTER 17.70 – CONDITIONAL USE PERMITS Chapter 17.70 (Revocation and Expiration) is hereby deleted in its entirety and new Chapter 17.70 (Conditional Use Permit) is added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows: Chapter 17.70 Conditional Use Permits 17.70.010 Purpose. The purpose of a Conditional Use Permit shall be to provide for the individual review of certain uses, which due to the nature of the use, size, or intensity of the use requires a Planning Commission review. 17.70.020 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. 17.70.030 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. 17.70.040 Procedures A.Application. Applications for Conditional Use Permits shall be filed with the Community Development Department on application forms prescribed by the Director. B.Public Notice. An application for a Conditional Use Permit shall require a public notice prior to the Planning Commission hearing, pursuant to Section 17.03.050 (Public Notice). C.Public Hearing. An application for a Conditional Use Permit shall require a public hearing before the Planning Commission pursuant to Section 17.03.060 (Conduct of Public Hearings). ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 45 of 69 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 resolution and said resolution 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. 17.70.050 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 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. 17.70.060 Appeals; Expiration, Extensions, and Revisions; Revocation A.Appeals. Appeals of Conditional Use Permits shall be processed pursuant to Section 17.03.120 (Appeals and Calls for Review). B.Expiration and Extension. An approved Conditional Use Permit may expire or be extended pursuant to Section 17.03.090 (Effective Dates: Expiration and Extension). C.Revocation and Expiration. Revocation and Expiration of any Conditional Use Permit shall be processed pursuant to Section 17.03.110 (Revocation of Permits). ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 46 of 69 D.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 fees. ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 47 of 69 EXHIBIT J CHAPTER 17.72 – PARKING PLAN Chapter 17.72 (Permits, Licenses, Restrictions and Covenants) is hereby deleted in its entirety and new Chapter 17.72 (Parking Plan) is added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows: Chapter 17.72 Parking Plan 17.72.010 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. 17.72.020 Applicability Parking Plans may be requested by a property owner in accordance with the Off- Street Parking Chapter of Title 17. 17.72.030 Review Authority The Planning Commission shall act as the review authority for all Parking plans. 17.72.040 Procedures A.Application. Applications for Parking Plans shall be filed with the Community Development Department on application forms prescribed by the Community Development Director. B.Public Notice. An application for a Parking Plan shall require a public notice prior to the Planning Commission decision, pursuant to Section 17.03.050 (Public Notice) C.Public Hearing. An application for a Parking Plan shall require a public hearing before the Planning Commission pursuant to Section 17.03.060 (Conduct of Public Hearings). 17.72.050 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. ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 48 of 69 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; and D.The granting of the requested modification would not be detrimental to the public, health, safety or welfare of the public. 17.72.060 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 17.72.050 (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. 17.72.070 Appeals; Expiration, Extensions, and Revisions; Revocation A.Appeals. Appeals of Parking Plan shall be processed pursuant to Section 17.03.120 (Appeals and Calls for Review). B.Expiration and Extension. An approved Parking Plan may expire or be extended pursuant to Section 17.03.090 (Effective Dates: Expiration and Extension). ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 49 of 69 C.Revocation and Expiration. Revocation and Expiration of any Parking Plan shall be processed pursuant to Section 17.03.110 (Revocation of Permits). D.Reapplication Upon Denial. After the denial of a Parking Plan 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. ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 50 of 69 EXHIBIT K CHAPTER 17.74 – PRECISE DEVELOPMENT PLANS Chapter 17.74 (Penalty) is hereby deleted in its entirety and new Chapter 17.74 (Precise Development Plan)) is added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows: Chapter 17.74 Precise Development Plans 17.74.010 Purpose This Chapter establishes Precise Development Plan procedures to ensure that new development supports the goals and objectives of the General Plan and other adopted plans and guidelines. The specific purposes of the Precise Development Plan process are to: A.Promote excellence in design, layout, and other physical features of development to achieve a reasonable level of quality, compatibility, in harmony with the community’s social, economic and environmental objectives; B.Ensure that new and altered development will be compatible with the existing and potential development of the surrounding area; and C.Supplement other City regulations and standards in order to ensure control of physical features of development that are not otherwise addressed. 17.74.020 Applicability A Major or Minor Precise Development Plan, as specified in Section 17.74.025, 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, with no exterior changes, in any zone. C.Single Family (one unit) residential projects and any related accessory structures. ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 51 of 69 D.New residential projects with two (2) or more dwelling units including a minimum of 20% lower-income units. E.Accessory Dwelling Units and Junior Accessory Dwelling Units. F.Dwelling Units provided pursuant to California Government Code Section 6585.21, commonly referred to as SB 9 units or urban dwelling units. 17.74.025 Minor and Major Precise Development Plan A.Minor Precise Development Plan. A Minor Precise Development Plan shall be required for the following: 1.Residential only projects with only 2-4 dwelling units. 2.Mixed use projects that do not exceed four dwelling units or 3,000 square feet of non-residential floor area. 3.Interior remodel greater than 3,000 square feet, with no exterior changes, in any zone. B.Major Precise Development Plan. A Major Precise Development Plan shall be required for the following: 1.Residential only projects with 5 or more dwelling units. 2.Mixed use development with five or more dwelling units or include a nonresidential floor area of 3,001 square feet or greater, regardless of the number of units. 3.Any nonresidential project that is not exempt or qualifies for a Minor Precise Development Plan. 17.74.030 Review Authority The Director shall act as the review authority of Minor Precise Development Plans and the Planning Commission shall act as the review authority for Major Precise Development Plans. ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 52 of 69 17.74.040 Procedures A.Application. Applications for Precise Development Plan shall be filed with the Community Development Department on application forms prescribed by the Director. B.Public Notice. An application for a Precise Develop Plan shall require a public notice prior to the review authority’s decision, pursuant to Section 17.03.050 (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. No public hearing shall be required for an application for a Minor Precise Development Plans. An application for a Major Precise Development Plan shall require a public hearing before the Planning Commission pursuant to Section 17.03.060 (Conduct of Public Hearings). 17.74.050 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. ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 53 of 69 17.74.060 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. 17.74.070 Appeals; Expiration, Extensions, and Revisions; Revocation A.Appeals. Appeals of Precise Development Plan shall be processed pursuant to Section 17.03.120 (Appeals and Calls for Review). B.Expiration and Extension. An approved Precise Development Plan may expire or be extended pursuant to Section 17.03.090 (Effective Dates: Expiration and Extension). C.Revocation and Expiration. Revocation and Expiration of any Precise Development Plan shall be processed pursuant to Section 17.03.110 (Revocation of Permits). D.Reapplication Upon Denial. After the denial of a Precise Development Plan 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. ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 54 of 69 EXHIBIT L CHAPTER 17.76 – VARIANCES Chapter 17.76 (Conditional use permits) is hereby deleted in its entirety and new Chapter 17.76 (Variances) is added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows: Chapter 17.76 Variances 17.76.010 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. 17.76.020 Applicability Variances may be granted to vary or modify development standards but may not be granted to allow uses or activities that this Title does not authorize for a specific lot or site. 17.76.030 Review Authority The Planning Commission shall act as the review authority for Variance applications based on consideration of the requirements of this Chapter. 17.76.040 Procedures A.Application. Applications for a Variance shall be filed with the Community Development Department on application forms prescribed by the Director. B.Public Notice. An application for a Variance shall require a public notice prior to the Planning Commission decision, pursuant to Section 17.03.050 (Public Notice). C.Public Hearing. An application for a Variance shall require a public hearing before the Planning Commission, pursuant to Section 17.03.060 (Conduct of Public Hearings). ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 55 of 69 17.76.050 Required Findings After conducting a public hearing, the Planning Commission must make all of the following findings in order to approve or conditionally approve a Variance application. The Commission shall deny an application for a Variance if it is unable to make any of the required findings, in which case it shall state the reasons for that determination. A.There are exceptional or extraordinary physical circumstances or conditions applicable to the property involved that do not apply generally to property in the vicinity and identical zone, and that the granting of a Variance will not constitute a granting of a special privilege inconsistent with the limitations on the property in the vicinity and identical zone; B.The granting of the Variance is necessary to prevent a physical hardship which is not of the applicant’s own actions or the actions of a predecessor in interest; C.The granting of the Variance will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare or convenience; and D.The granting of the Variance will be consistent with the general purposes and objectives of this Title, any applicable specific plans, and the General Plan. 17.76.060 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 ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 56 of 69 D.Mitigate any potentially significant impacts identified because of review conducted in compliance with the California Environmental Quality Act (CEQA). 17.76.070 Appeals; Expiration, Extensions, and Revisions; Revocation A.Appeals. Appeals of Variances shall be processed pursuant to Section 17.03.120 (Appeals and Calls for Review). B.Expiration and Extension. An approved Variances may expire or be extended pursuant to Section 17.03.090 (Effective Dates: Expiration and Extension). C.Revocation and Expiration. Revocation and Expiration of any Variances shall be processed pursuant to Section 17.03.110 (Revocation of Permits). D.Reapplication Upon Denial. After the denial of a Variances 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. ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 ) Page 57 of 69 EXHIBIT M CHAPTER 17.78 – COASTAL CLEARANCE Chapter 17.78 (Coastal Clearance) added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows: Chapter 17.78 Coastal Clearance 17.78.010 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. 17.78.020 Applicability This Section shall apply to all development in the Coastal Zone, as defined by the Coastal Act. 17.78.030 Review Authority A request for Coastal Clearance may be submitted with another application. The review authority shall be in accordance with the Section 17.02.050 Review Authorities for Decisions and Appeals. 17.78.040 Procedure A.Application. Applications for Coastal Clearance shall be filed with the Community Development Department on application forms prescribed by the Director. 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. ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 58 of 69 EXHIBIT N CHAPTER 17.80 – DEVELOPMENT AGREEMENTS Chapter 17.80 (Certificates of occupancy) is hereby deleted in its entirety and new Chapter 17.80 (Development Agreements) is added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows: Chapter 17.80 Development Agreements 17.80.010 Purpose This Chapter establishes procedures and requirements for considering and entering into a voluntary legally binding agreements, with applicants for development projects, as authorized in Government Code Sections 65864- 65869.5. The development agreement is intended to provide assurance to the City that a proposed project will proceed to its completion in compliance with the plans submitted and provides assurance to the applicant that the project can proceed to its completion in accordance with the rules and regulations in effect at the time of project approval. 17.80.020 Applicability A voluntary agreement that may be initiated by a property owner, or by the Director, for a complex or multi-phase development project that is consistent with the General Plan. 17.80.030 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. 17.80.040 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." ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 59 of 69 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; 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 for the expiration and extension of said expiration of the agreement. 11. Provisions to amend or cancel, 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). 12. 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 13. Any other terms determined to be appropriate and necessary including provisions for payment to the City. ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 60 of 69 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. 17.80.050 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. ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 61 of 69 EXHIBIT O CHAPTER 17.82 – SPECIFIC PLANS Chapter 17.82 (Specific Plans) is hereby added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows: Chapter 17.82 Specific Plans 17.82.010 Purpose This Chapter establishes procedures for the consideration, adoption, and implementation of specific plans for the purpose of implementing the General Plan on an area-specific basis. 17.82.020 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 the owner of the subject property, the Director, by motion of the Planning Commission, or by a motion of the City Council 17.82.030 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. 17.82.040 Procedures A.Application. Applications for Specific Plans shall be filed with the Community Development Department on application forms prescribed by the Director. 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 ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 62 of 69 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 17.03.050 (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 17.03.120 (Appeals and Calls for Review) E.City Council Hearing and Action 1.City Council Hearing. After receiving the recommendation from the Planning Commission, the City Council shall hold a hearing in accordance with Section TBD, Conduct of Public Hearings. The notice for the hearing shall include a summary of the Planning Commission recommendation. 2.City Council Action. After the conclusion of the hearing, the City Council may approve, modify, or deny the proposed Specific Plan or Specific Plan amendment. F.Reapplication Upon Denial. After the denial of a Specific Plan has become final, no further application for the same Specific 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. ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 63 of 69 1.Determination if the new application has resolved the review authority’s previous objections shall be made by the Director. 2.Said revision shall require a new application process and payment of fee. 17.82.050 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; 17.82.060 Amendments A Specific Plan may be amended in the same manner as a new Specific Plan is adopted. ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 64 of 69 EXHIBIT P CHAPTER 17.84 – ZONING AMENDMENTS Chapter 17.84 (Zoning Amendments) is hereby added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows: Chapter 17.84 Zoning Amendments 17.84.010 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. 17.84.020 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 may be initiated by the Director, by motion of the Planning Commission, or by a motion of the City Council. An amendment to the Zoning Map may be initiated by the owner of the subject property, the Director, by motion of the Planning Commission, or by a motion of the City Council. 17.84.030 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. 17.84.040 Procedures A.Application. Applications for Zoning Amendments shall be filed with the Community Development Department on application forms prescribed by the Director. 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 ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 65 of 69 submitting a recommendation report to the City Council. At least 20 days before the date of any public hearing, the City shall provide notice as provided for in Section 17.03.050 (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. 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 17.03.120 (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 ensuing 12 months, unless the project is revised to resolve the review authority’s previous objections to the project. i.Determination if the new application has resolved the review authority’s previous objections shall be made by the Director. ii.Said revision shall require a new application process and payment of fee. D.City Council Hearing and Action ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 66 of 69 1.City Council Hearing. After receiving the recommendation from the Planning Commission, the City Council shall hold a hearing in accordance with Section 17.03.060 (Conduct of Public Hearings). The notice for the hearing shall include a summary of the Planning Commission recommendation. 2.City Council Action. After the conclusion of the hearing, the City Council may approve, modify, or deny the proposed amendment. If the Council proposes any substantial revision not previously considered by the Planning Commission during its hearings, the proposed revision shall first be referred to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing. The failure of the Planning Commission to report within 45 days after the referral shall be deemed a recommendation for approval and the amendment shall be returned to Council for adoption. 17.84.050 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 general plan; and C.The amendment is consistent with the purpose of the Zoning Ordinance, Title 17. ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 67 of 69 EXHIBIT Q CHAPTER 17.84 – ZONING AMENDMENTS Chapter 17.86 (General Plan Amendment) is hereby added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows: Chapter 17.86 General Plan Amendment 17.86.010 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. 17.86.020 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. 17.86.030 Initiation of Amendment. An amendment to the text of the General Plan may be initiated by the Director, by motion of the Planning Commission, or by a motion of the City Council. An amendment to the General Plan Land Use Map may be initiated by the owner of the subject property, the Director, by motion of the Planning Commission, or by a motion of the City Council. 17.86.040 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. 17.86.050 Procedures B.Application. Applications for General Plan Amendment shall be filed with the Community Development Department on application forms prescribed by the Director. ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 68 of 69 C.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 20 days before the date of any public hearing, the City shall provide notice as provided for in Section 17.03.050 (Public Notice). D.Planning Commission Hearing and Recommendation. Before submitting a recommendation to the City Council, the Planning Commission shall conduct at least one public hearing. E.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. 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 17.03.120 (Appeals and Calls for Review). 3.Reapplication Upon Denial. After the denial of a Geneal Plan Amendment has become final, no further application for the same General Plan Amendment shall be filed for the ensuing 12 months, unless the project is revised to resolve the review authority’s previous objections to the project. a.Determination if the new application has resolved the review authority’s previous objections shall be made by the Director. b.Said revision shall require a new application process and payment of fee. F.City Council Hearing and Action. ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Page 69 of 69 1.City Council Hearing. After receiving the recommendation from the Planning Commission, the City Council shall hold a hearing in accordance with Section 17.03.060 (Conduct of Public Hearings). The notice for the hearing shall include a summary of the Planning Commission recommendation. 2.City Council Action. After the conclusion of the hearing, the City Council may approve, modify, or deny the proposed amendment. If the Council proposes any substantial revision not previously considered by the Planning Commission during its hearings, the proposed revision shall first be referred to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing. The failure of the Planning Commission to report within 45 days after the referral shall be deemed a recommendation for approval and the amendment shall be returned to Council for adoption. 17.86.060 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. ORD. 26-1500 Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4 Introduced 05/26/2026 Adopted: 06/23/2026 State of California ) County of Los Angeles )ss City of Hermosa Beach ) June 30, 2026 Certification of Council Action ORDINANCE NO. ORD-26-1500 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REPEALING, REPLACING, RENAMING, AND AMENDING PORTIONS OF TITLE 17 OF THE HERMOSA BEACH MUNICIPAL CODE RELATING TO ADMINISTRATIVE PROCEDURES, ZONING REVIEW AUTHORITIES, AND RELATED LAND USE ENTITLEMENT PROCEDURES AS PART OF THE COMPREHENSIVE ZONING CODE UPDATE; AND DETERMINE THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT I, Martha Alvarez, City Clerk of the City of Hermosa Beach, California, do hereby certify that the above and foregoing Ordinance No. ORD-26-1500 was duly approved and adopted by the City Council of said City at its regular meeting thereof held on the 23rd day of June 2026, and passed by the following vote: AYES: MAYOR DETOY, MAYOR PRO TEM KEEGAN, COUNCILMEMBERS JACKSON, FRANCOIS, AND SAEMANN NOES: NONE ABSTAIN: NONE ABSENT: NONE _____________________________ Martha Alvarez City Clerk Docusign Envelope ID: 24287A98-5124-8AD7-82EA-29C4BC809CF4