HomeMy WebLinkAboutPC Resolution 26-15 (Zone_Text_Amendment_TA26-02)Page 1 of 3 PC RES 26-15
CITY OF HERMOSA BEACH
PC RESOLUTION NO. 26-15
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, RECOMMENDING APPROVAL OF
ZONING TEXT AMENDMENT (TA26-02), AMENDING CHAPTER 16
(SUBDIVISIONS) AND CHAPTER 17 (ZONING) OF THE HERMOSA BEACH
MUNICIPAL CODE TO ELIMINATE THE CONDITIONAL USE PERMIT
REQUIREMENT FOR CONDOMINIUMS, REVISE THE CONDITIONAL USE
PERMIT REQUIREMENT FOR CONDOMINIUMS, AND UPDATE TENTATIVE
MAP PROCEDURES, APPLICABLE CITYWIDE INCLUDING EXHIBITS A-F,
AND DETERMINING THE PROJECT IS CATEGORICALLY EXEMPT FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the City Council adopted the City’s General Plan, PLAN
Hermosa on August 22, 2017; and
WHEREAS, pursuant to Government Code Section 65860, in the event that
a zoning ordinance becomes inconsistent with a general plan by reason of
amendment to the general plan, or to any element of the plan, the zoning
ordinance shall be amended within a reasonable time so that it is consistent
with the general plan, as amended; and
WHEREAS, there is a need to comprehensively amend Title 17 (Zoning) of
the Hermosa Beach Municipal Code to be consistent with PLAN Hermosa; and
WHEREAS, the Housing Element of the City’s General Plan identifies the
removal of governmental constraints as key policy objective and includes a
program to streamline housing development through zone text amendments
including the elimination of the CUP requirements for condominium projects in
Title 16 (Subdivisions) of the Hermosa Beach Municipal Code; and
WHEREAS, the Planning Commission held a duly noticed public hearing on
August 18, 2026 to consider an amendment to Title 16 (Subdivisions) and Title 17
(Zoning) of the Hermosa Beach Municipal Code; and
WHEREAS, the Planning Commission considered the findings required for
approval of a Zoning Code Amendment by HBMC Section 17.84.050; and
WHEREAS, the Planning Commission considered all testimony and
evidence regarding the application, both oral and written, presented to the
Planning Commission at its public meeting held on August 18, 2026.
Page 2 of 3 PC RES 26-15
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The recitals above are true and
correct, and are hereby incorporated herein by this reference.
SECTION 2. Planning Commission Findings. The Planning Commission
hereby adopts certain findings regarding TA26-02 provided in Exhibit A
(Findings, Determinations), attached hereto and incorporated herein by
reference.
SECTION 3. Recommend Approval. The Planning Commission hereby
recommends approval of TA26-02 as provided in Exhibits B-F, attached hereto
and incorporated herein by reference.
SECTION 4. California Environmental Quality Act ("CEQA"). The
City Council finds as follows:
a.The proposed zone text amendment is a project subject to the California
Environmental Quality Act (CEQA) and qualifies for an exemption from
CEQA pursuant to Section 15061(b)(3) (Common Sense Exemption) of the
State CEQA Guidelines (Chapter 3 of Division 6 of Title 14 of the California
Code of Regulations). The activity is covered by the Common Sense
Exemption that CEQA applies only to projects which have the potential
for causing a significant effect on the environment. There is no possibility
that the proposed change to the zoning code may have a significant
effect on the environment, therefore the activity is not subject to
CEQA. No special circumstances exist that the proposed change would
create a significant adverse effect on the environment (i.e. no sensitive
species or habitats, no hazardous sites, no scenic highways, no historic
resources, etc.).
SECTION 5. Severability. If any section or provision of this Resolution is for
any reason held invalid or unconstitutional by a court of competent jurisdiction,
or is preempted by subsequent legislation, the remaining provisions shall remain
in full force and effect. The City Council hereby declares that it would have
adopted this Resolution and each provision thereof irrespective of the invalidity
of any one or more provisions.
Page 3 of 3 PC RES 26-15
SECTION 6. Effective Date. Pursuant to the Code of Civil Procedure
Section 1094.6, any legal challenge to the decision of the Planning Commission,
after a formal appeal to the City Council, must be made within 90 days after the
final decision by the City Council.
______________________________________________________________________________
PASSED, APPROVED, and ADOPTED on this 18th day of August 2026.
AYES: CHAIRPERSON IZANT, VICE CHAIRPERSON FLAHERTY, and
COMMISSIONERS HIRSH and HOFFMAN
NOES:
ABSTAIN:
ABSENT: COMMISSIONER MCNALLY
CERTIFICATION
I hereby certify the foregoing PC Resolution 26-15 is a true and complete record
of the action taken by the Planning Commission of the City of Hermosa
Beach, California, at its regular meeting of August 18, 2026.
Stephen Izant Alison Becker
Chairperson Secretary
________________________________
Date
Civic Center, 1315 Valley Drive, Hermosa Beach, CA 90254-3885 Civic Center, 1315 Valley D
EXHIBIT A
FINDINGS AND DETERMINATIONS
ZONING TEXT AMENDMENT (TA26-02)
AMENDING CHAPTER 16 (SUBDIVISIONS) AND CHAPTER 17 (ZONING)
The following Findings and Determinations are incorporated into and made a part
of PC Resolution No. 26-15.
I.Zoning Text Amendment (TA26-02) Findings. The Planning Commission finds
as follows:
A.The Zoning Text Amendment (TA26-02) applies Citywide and is
subject to required findings per Hermosa Beach Municipal Code
(HBMC) 17.84.050.
B.The proposed Project consists of amending Chapter 16 (Subdivisions)
and Chapter 17 (Zoning) of HBMC to eliminate the Conditional Use
Permit requirement for condominiums and update tentative map
procedures consistent with PLAN Hermosa, the City’s General Plan.
II.Zoning Text Amendment (TA26-02) Findings. The Planning Commission finds
as follows pursuant to HBMC Section 17.84.050:
A.The amendment would not be detrimental to the public interest, health,
safety, convenience or welfare of the City.
The zoning text amendment updates the HBMC to achieve
alignment and consistency with PLAN Hermosa. TA26-02 is not
detrimental to the public interest, health, safety, convenience or
welfare of the City but rather streamlines housing production by
eliminating the requirement for a Conditional Use Permit (CUP) and
subjective standards for condominiums, and creating a Minor and
Major Tentative Map process.
B.The amendment is consistent with the intent of the vision, goals and
objectives, and policies of general plan.
The proposed amendment is consistent with PLAN Hermosa in that it
implements the Housing Element policy and programs aimed at
EXHIBIT A
EXHIBIT A
removing governmental constraints to housing. Specifically, the
Housing Element identifies the elimination of unnecessary regulatory
barriers as a key policy objective and established a program to
amend the Zoning Code which identified the removal of the
Conditional Use Permit (CUP) requirement for condominium
developments as a necessary change. The proposed amendments
implement this program by eliminating the CUP requirement for
condominium projects and establishing Major and Minor Tentative
Map procedures consistent with the Subdivision Map Act. The
amendments reduce regulatory barriers by streamlining the
subdivision process and eliminating subjective review requirements
for condominium developments. These changes improve the
efficiency of the entitlement process and support the General Plan's
housing objectives.
C.The amendment is consistent with the purpose of the Zoning
Ordinance, Title 17.
The proposed amendment is consistent with the purpose and intent
of Title 17. It modernizes the Zoning Ordinance, improves
administrative efficiency, and ensures the Municipal Code remains
accurate and internally consistent. The amendments eliminate the
Conditional Use Permit (CUP) requirement and subjective review
standards for condominium developments. In their place, the
amendments establish Major and Minor Tentative Map procedures
that align with the City's tiered Precise Development Plan review
process. This creates parallel review thresholds and procedures for
subdivision maps and planned developments, resulting in a more
consistent and predictable entitlement process
Civic Center, 1315 Valley Drive, Hermosa Beach, CA 90254-3885 Civic Center, 1315 Valley D
EXHIBIT B
CHAPTER 16.04 Subdivisions
Chapter 16.04 (Subdivisions) of the Hermosa Beach Municipal Code is hereby amended
as follows
16.04.010 Definitions.
For purposes of this title:
Block:Where the need for determination regarding lot merger under
Section 16.20.030 occurs, the term "block" shall mean both sides of a street within the
same zoning district uninterrupted by an intersecting or intercepting street (not including
an alley).
Design: refers to street alignment, grades and widths, alignment and widths of easements
and rights-of-way for drainage and sanitary sewers, and minimum lot area and width;
includes land to be dedicated for park or recreational purposes; and also refers to such
specific requirements in the plan and configuration of the entire subdivision as may be
necessary or convenient to insure conformity to or implementation of applicable general
or specific plans of the city.
Improvement: refers to such street work and utilities to be installed, or agreed to be
installed, by the subdivider on the land to be used for public or private streets, highways,
ways and easements as are necessary for the general use of the lot owners in the
subdivision and local neighborhood traffic and drainage needs as a condition
precedent to the approval and acceptance of the final map thereof; and also refers to
such specific improvements or types of improvements the installation of which, either by
the subdivider, by public agencies, by private utilities, or by a combination thereof, is
necessary or convenient to insure conformity to or implementation of applicable general
or specific plans of the city.
Vesting tentative map:means a map for a residential subdivision, as defined in the
Hermosa Beach subdivision ordinance, that shall have printed conspicuously on its face
the words "Vesting Tentative Map": At the time it is filed in accordance with
Section 16.16.030, and is thereafter processed in accordance with the provisions thereof.
16.04.020 Statement of intent.
The purpose of this title regulating the design and improvement of subdivisions and lot
splits is to provide for the orderly division of land and buildings within the city.
Its regulations are to ensure that the costs of land divisions and the burdens thereof are
borne by the property owners and those interested in the land and not by the general
public.
EXHIBIT %
EXHIBIT B
The fees and regulations provided herein may be changed from time to time to
compensate for rising costs and technological changes.
No property in the city shall be divided for the purpose of sale, lease or other financial
separation, except as governed by the provisions of this title and the provisions of Title 7,
Division 2 of the Government Code of the state of California, otherwise known as the
Subdivision Map Act.
16.04.030 Review Authority
The city planning commission is designated as the advisory agency of the
city council and charged with the duty of making investigations and reports on
the design and improvement of all proposed divisions of land except Urban Lot Splits and
Minor Tentative Maps which are reviewed by the Community Development Director.
Civic Center, 1315 Valley Drive, Hermosa Beach, CA 90254-3885 Civic Center, 1315 Valley D
EXHIBIT C
CHAPTER 16.08 Procedure
Chapter 16.08 (Procedure) of the Hermosa Beach Municipal Code is hereby amended
as follows:
16.08.010 Division of lots into more than four parcels–condominium of two or
more units–tentative maps.
A. Each property owner applying for approval of divisions of land into more than
four parcels or a condominium of two or more units shall file with the Community
Development Department an application which shall include the following:
1. A tentative subdivision map, drawn to a scale of not smaller than forty
(40) feet to the inch, showing the proposed subdivision, drawn by a
licensed surveyor or registered civil engineer, which shall show the
following:
a. Names, addresses and telephone numbers of the property
owners, the subdivider, the registered civil engineer or licensed
surveyor who prepared the map,
b. The approximate dimensions, area and shape of each lot,
c. The record boundaries and area of the parcel to be subdivided,
d. The name, size and location of abutting streets and tracts,
e. The dimensions of all streets, ways and easements to be
dedicated to the city public utilities, and location of all existing
easements,
f. Legal description of property to be divided,
g. Source of water supply,
h. Method of sewage disposal, including sizes and locations of
existing mains serving proposed subdivisions,
i. Proposed public areas,
j. Location of existing buildings and all trees with a diameter in
excess of six inches, and other improvements on the property to be
divided,
k. Method of surface water disposal,
l. Location and depth of fill areas,
m. Applicant shall agree to provide any necessary easements for
the proposed parcel or parcels,
EXHIBIT &
EXHIBIT C
n. North arrow, scale;
2. A grading plan showing existing and proposed contours at two-foot
intervals.
B. Upon receipt and acceptance of the application and tentative map or maps
by the Community Development Department, the tentative map shall be
distributed to other City Departments and agencies as deemed necessary.
16.08.030 Review Authority
The Director shall act as the review authority of Minor Tentative Maps and the Planning
Commission shall act as the review authority for Major Tentative Maps.
A Major or Minor Tentative Map, as specified in this section, is required for all projects that
require a tentative map.
Map Type Subdivision Threshold Review Authority
Major Tentative Map All non-residential
subdivisions
Planning Commission Residential or mixed use of
five (5) or more lots or
condominium units
Minor Tentative Map Residential or mixed use of
four (4) or fewer lots or
condominium units
Community Development
Director
16.08.040 Procedures
A. Application. Applications for a Tentative Map shall be filed with the Community
Development Department on application forms prescribed by the Director.
B. Public Notice. An application for a Tentative Map shall require a public notice in
accordance with the table below:
EXHIBIT C
Permit Type
Notice
Type
Notification Method
Mailing
Radius Website
Site
Posting Newspaper
Major Tentative Map Public
Hearing
Non-Residential 500’ Yes Yes Yes Residential 300’
Minor Tentative Map Pending
Action 100’Yes Yes No
C. Reapplication Upon Denial. After the denial of a Tentative Map has become final, no
further application for the same Tentative Map 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
Tentative Map. An application for a Major Tentative Map shall require a public hearing
before the Planning Commission pursuant to Section 17.03.060 (Conduct of Public
Hearings).
16.08.050 Final maps.
A. Final maps, with a letter from the city and/or county engineer attesting to the
substantial conformance of the final map with the tentative map, shall be filed
with the city clerk. The city council shall review and approve the final map within
thirty (30) days of the filing, provided the map conforms to all of the requirements
of this chapter and the State Subdivision Map Act of the State of California which
were applicable at the time of the approval of the tentative map, and all
conditions of approval of the tentative map shall have been met or guaranteed
with surety bonds or other manner satisfactory to the city engineer and the city
attorney to assure completion as required.
B. The time limit for the approval of a final map may be extended by mutual
consent of the subdivider and the city council. If no action is taken within the
prescribed time limit or within the time to which it has been extended by mutual
consent, the map, if it conforms to all of the requirements above set out, shall be
deemed to be approved, and it shall be the duty of the city clerk thereupon to
certify approval.
EXHIBIT C
C. The City Council shall at that time also accept or reject any or all offers of
dedication and shall, as a condition precedent to the acceptance of any streets
or easements, provide for the improvements of such streets or easements in
accordance with standards established by local ordinance applicable at the
time of approval of the tentative map pursuant to requirements provided by the
Subdivision Map Act of the state of California.
D. The city council shall not deny approval of a final subdivision map if it has
previously approved a tentative map for the proposed subdivision and if it finds
that the final map is in substantial compliance with the previously approved
tentative map.
16.08.060 Planned unit development (PUD).
A. Lots less in area and width than the minimum specified within this chapter and
not fronting on a public street may be approved when the proposed tentative
tract or parcel map fall within the definition of a Planned Unit Development
(P.U.D.).
B. Subdivision of Land and Tract Map Required. A tentative tract map shall be
filed and shall show the precise location and designation of all lots upon which
residential dwellings are to be developed; all lots to be owned in common which
are designed to be developed and used exclusively for supplemental parking
and vehicular and pedestrian access from a publicly dedicated street to
individually owned lots; and all lots to be owned in common which are designed
to be developed, reserved and used exclusively for open space and
recreational uses. No building permit shall be issued for any lot within the
boundaries of a planned unit development unless and until a final subdivision
tract map has been recorded. A final tract map which deviates from the
conditions imposed by the conditions of approval of a tentative tract map shall
not be approved for recordation. In regard to division, sale or separation of lots
or parcels of land, the following regulations shall apply:
1. Division of Lots or Parcels. In addition to the information required to be
shown on the tentative and final tract maps, where lots or parcels of land
are to be sold or separated in ownership from other property in the
development, or applicable phase thereof, the respective maps shall also
designate the boundaries of the lots or parcels of land to be sold or
separated in ownership.
2. Sale or Separation of Lots or Parcels. Where lots or parcels of land are
sold or otherwise separated in ownership, no dwelling unit or lot or parcel
of land for a building shall be sold or encumbered separately from an
undivided interest in the open space and the area designated as
common vehicular and pedestrian access appurtenant to such dwelling
EXHIBIT C
unit or lot or parcel of land. Such undivided interest shall include either an
undivided interest in the open space and area designated as common
vehicular access or a share in the corporation or voting membership in an
association owning the open space and area designated as common
vehicular and pedestrian access.
C. Final Tract Map. The title page of the final recorded tract map or maps, as the
case may be, shall contain the following statement pertaining to the sale or
separation of lots upon which individual buildings or dwellings are to be
developed:
"No lot in this Tract Map upon which residential dwellings or buildings are to be
built, constructed, developed or otherwise occupied, shall be contracted to sell,
sold, granted, deeded, conveyed, title transferred or otherwise separated in
ownership, including subsequent heirs and owners in interest, or encumbered
separately from an individual interest in lots appurtenant thereto so designated on
this Tract Map for vehicular and pedestrian access, open space, and any other
areas appurtenant thereto."
16.08.070 Requirements for approval of subdivision map.
The Review Authority shall find that:
A. The proposed subdivision would not create lots smaller than a forty (40) foot
width and having less than four thousand (4,000) square feet;
B. The proposed lots, after being divided, front on public streets and do not front
on any alleys;
C. The granting of the subdivision would result in the creation of lots that would
be of a size and configuration which would be in keeping with the standards
of development specified by the zoning ordinance for the land use zone in
which it is located;
D. The creation of the proposed lots would be in conformity with the intent and
purpose of the comprehensive general plan for the city;
E. The tentative subdivision map complies with the requirements for approval set
forth in the Subdivision Map Act of the state of California.
EXHIBIT C
16.08.080 Grounds for denial of approval of subdivision map.
The Review Authority shall deny approval of a tentative or final subdivision map if it makes
any of the following findings:
A. That the proposed map is not consistent with the applicable general and
specific plans;
B. That the design or improvement of the proposed subdivision is not consistent
with applicable general and specific plans;
C. That the site is not physically suitable for the type of development;
D. That the site is not physically suitable for the proposed density of
development;
E. That the design of the subdivision or the proposed improvements is likely to
cause substantial environmental damage or substantially and avoidably
injure fish or wildlife or their habitat;
F. That the design of the subdivision or the type of improvement is likely to cause
serious public health problems;
G. That the design of the subdivision or the type of improvements will conflict
with easements, acquired by the public at large, for access through or use
of property within the proposed subdivision. In this connection, the city
council may approve a map if it finds that alternate easements, for access or
for use, will be provided, and that these will be substantially equivalent to
ones previously acquired by the public.
This subsection shall apply only to easements of record or to easements established by
judgment of a court of competent jurisdiction and no authority is hereby granted to the
city council or Review Authority to determine that the public at large has acquired
easements for access through or use of property within the proposed subdivision.
16.08.090 Subdivision agreements and bonds–improvement security.
To assure the completion of required improvements after recordation of a final map,
the city engineer shall require the submission of bonds sufficient to accomplish subject
improvements. Should the subdivider fail to complete the required improvements within
a reasonable time or in accordance with a written subdivision agreement signed by the
EXHIBIT C
subdivider and the city clerk, the city engineer shall cause said bonds to be forfeited and
the improvements completed.
16.08.100 Fees.
A. Generally. Fees in all cases shall be sufficient to cover the city’s costs in
processing tentative and final maps as established by resolution.
B. Tentative Maps. A filing fee fixed by resolution of the city council shall be
submitted by the applicant to cover costs of filing and examination of tentative
maps. This fee shall be nonrefundable.
16.08.110 Sewer facilities use fees.
A. The construction of sewer facilities adequate to carry the sewage from a
proposed subdivision to the nearest trunk line shall be the sole responsibility of the
subdivider.
B. The city shall not be required to accept sewage outflow beyond the capacity
of existing sewer lines.
C. If in the opinion of the street superintendent a proposed subdivision will
exceed the capacity of existing sewer lines, the subdivider will be required to
provide adequate facilities prior to approval of a final map.
D. Sewer use fees may be required in addition to construction of adequate
sewer lines.
16.08.120 Miscellaneous requirements.
A. Water Service. The subdivider shall be responsible for obtaining adequate
water service and shall present satisfactory assurance prior to approval of the
final map.
B. Drainage. All surface drainage shall be conducted to an approved storm
drain, gutter or absorbed on site. No surface waters shall flow across a sidewalk
or street intersection unless specifically approved by the city engineer.
C. Conveyance of Portion of Subdivision. Conveyances of any part of a
subdivision shall not be made by lot or block number, initial or other designation
unless and until a final map has been recorded.
EXHIBIT C
D. Grading Plan. A grading plan may be required prior to approval of a tentative
map where natural slope exceeds ten percent.
16.08.130 Division of lots which does not create more than four parcels (lot splits).
Each property owner applying for approval of a subdivision of land into four parcels or
less shall file an application with the Community Development Department which shall
include the following:
A.A tentative parcel map showing the land to be divided and its proposed division.
The map shall be prepared by a licensed surveyor, or registered civil engineer.
The map shall be eighteen (18) by twenty-six (26) inches, and shall be legibly
drawn using a decimal or engineer’s scale at a scale not smaller than one-inch
equals forty (40) feet and shall clearly show the following information:
1. The dimensions, total area and record boundaries of the total parcel
together with a legal description of the total parcel,
2. The dimensions, area, legal description and boundaries of each
proposed parcel,
3. The names, addresses and telephone numbers of the property owners,
the subdivider, the registered civil engineer, or licensed surveyor who
prepared the map,
4. The abutting streets and alleys and existing surface improvements and
proposed dedications and improvements, if any,
5. The location of other existing easements,
6. Any and all improvements existing on the property in relation to the
property lines and the proposed division,
7. Applicant shall agree to provide any necessary easements for the
proposed parcel or parcels,
8. If necessary, the Review Authority shall establish the front of the lots and
front setbacks,
9. Location of existing buildings and all trees with a diameter in excess of
six inches, and other improvements on the property to be divided,
10. Method of surface water disposal,
11. Location and depth of fill areas;
B. Hearings for lot splits shall be held by the Review Authority and shall be
processed in the same manner as for tentative subdivision maps.
Civic Center, 1315 Valley Drive, Hermosa Beach, CA 90254-3885 Civic Center, 1315 Valley D
EXHIBIT D
CHAPTER 17.22 Condominiums, Stock Cooperatives and Community Apartment
Chapter 17.22 (Condominiums, Stock Cooperatives and Community Apartment) of the
Hermosa Beach Municipal Code is hereby amended as follows:
17.22.030 Construction, maintenance and development–residential–purpose.
The purpose of Sections 17.22.030 through 17.22.060 is to promote the following standards
for condominiums and like developments.
A. Functional aspects of the site development such as automobile and
pedestrian circulation shall comply with Chapter 17.44 Off-Street Parking and
Chapter 12.08 Street, Sidewalk, Curb and Gutter Construction;
B. A comprehensive and integrated design, providing its own open space, and
off-street parking. Insofar as the scale of the project allows, open space,
walkways and other areas for people should be separated from parking
areas, driveways and other areas for automobiles;
C. A layout of structures and other facilities to effect conservation in street,
driveway, curb cut and other public or quasi-public improvements.
D. Trees over six inches in diameter should not be removed unless it can be
demonstrated that their removal is an unavoidable consequence of
development and that any trees removed will be replaced by comparable
landscaping. These determinations shall be made by the Community
Development Director ;
E. Covenants, conditions and restrictions ensuring that potential problems,
resulting from lack of continuous and centralized management, do not impact
upon the public health, safety and welfare.
17.22.050 Construction, maintenance and development–residential–declaration
of covenants, conditions and restrictions.
The project covenants, conditions and restrictions shall be submitted with the filing of a
tentative map or precise development plan as provided in Chapter 17.74 application
and shall contain all of the following provisions:
EXHIBIT '
EXHIBIT D
A.Storage for Boats, Trailers and Recreational Vehicles. Storage of boats, trailers,
recreational vehicles and other similar vehicles shall be prohibited in required
parking spaces and/or where visible from the public right-of-way, and/or
adjacent property.
B.Guest Parking. Guest parking spaces shall be used only for guest parking. No
individual vehicle shall use a guest space for more than seventy-two (72) hours
without the specific permission of the homeowners’ association.
C.Conveyance of private open space. The surface area and appurtenant air
space, deck, or balcony required by Section 17.22.060(E)(1), including any
integral portion of that patio, deck or balcony shall be described and conveyed
in the declaration as an integral part of the unit. There shall be no overlap of
the common area and this private open space.
D.Conveyance of Private Storage Areas. The surface and appurtenant airspace of
private storage spaces required by Section 17.22.060(F) shall be described and
conveyed in the declaration as an integral part of the unit. There shall be no
overlap of the common area and this private storage space.
E.Assignment and Use of Required Off-Street Parking Spaces. Required off-street
parking spaces, except guest parking spaces, shall be permanently and
irrevocably assigned to particular units within the project on the basis of the
required parking per unit. To the maximum practicable extent the parking
spaces assigned to each unit shall be contiguous to the unit. In no case shall the
private storage area of one unit overhang or take its access from the required
off-street parking space of another unit. All parking spaces shall be used solely
for the purpose of parking motor vehicles, as defined in the Motor Vehicle Code
of the State of California (Vehicle Code, Section 415). No parking spaces shall be
used, rented or leased to any person except in conjunction with the occupancy
of a unit within the project.
F.Right of Public Entry to Common Area. The city of Hermosa Beach, county of Los
Angeles, State of California, and Government of the United States, and any
department, bureau or agency thereof, shall have the right of access to the
common areas of the project at all times for the purpose of preserving the public
health, safety and welfare.
G.Television and Radio Antennas Including Dish Antennas. Individual television and
radio antennas shall be prohibited outside of the owner’s unit. The declaration
shall provide either for a central antenna with connections to each unit via
underground or internal wall wiring, or each unit shall be served by a cable
antenna service provided by a company licensed to provide such service within
the city.
H.Maintenance of Common Open Space.
EXHIBIT D
1. Assessments. Provision shall be made for annual assessments for
maintenance and special assessments for capital improvements. The
amount of the annual assessment as well as the data and procedure for
its increase shall be specified and shall be limited to the estimated yearly
payment of real property taxes and maintenance and improvement
expenses incurred with respect to the common area. The manner in which
special assessments may be levied for the purpose of defraying, in whole
or in part, the cost of any construction, reconstruction, repair or
replacement of any capital improvement upon the common area shall
be specified. Both annual and special assessments must be fixed at a
uniform rate for all units and may be collected on a monthly basis.
I.Approved Plans Binding on Association. The covenants, conditions and
restrictions shall state that the final city-approved building plans, landscaping
plans and utility plans are binding on the association. Review Authority approval
must first be secured for any changes to said items, and any modification to any
portion of the approved which involves the city must first be approved by the
Review Authority.
J.Condominium Association. All condominium projects are required to establish an
operating homeowners association to have jurisdiction over all matters of
common interest to the members of the particular association. Such
homeowners’ association shall comply with all requirements found in the
California Corporations Code and any other applicable state and/or federal
law.
K.Maximum Number of Units Allowed. The declaration shall specify the number of
units in the project approved by the city, stated as the maximum allowed
without city approval for additional units.
L.Rights of the City. The declaration shall specify that if, in the opinion of the city
manager of the city (or an authorized representative), the association at any
time fails to maintain the common areas or improvements thereon in
accordance with standards of repair, maintenance and cleanliness specified in
the declaration, the city may give written notice to the association and shall
require that the association take appropriate corrective action within thirty
(30)days of receipt of such written notice unless there exists a hazardous
condition creating an immediate possibility of serious injury to persons or
property, in which case the time for correction may be reduced to a minimum of
five days. The association shall have the right, within ten days of receipt of such
written notice of deficiency, to file an appeal with the city council of the city for
public hearing before the city council to consider the reasonableness of the
city’s requirements as set forth in the written notice of deficiency. The decision of
the city council on such appeal shall be binding upon all parties but may be
appealed by the association through an appropriate action in any court having
EXHIBIT D
jurisdiction. If the association, within the time set forth in the notice of deficiency
(subject to extension for such time as may be required to appeal the notice of
deficiency to the city council) does not undertake and complete the corrective
work required in the notice of deficiency, the city may undertake and complete
such corrective measures against the association as a lien, in the same manner
as set forth herein for the establishment of liens against association property. The
remedy in this section allows the city to take action but does not require any
action by the city. This remedy is cumulative in nature and does not prevent the
city from exercising any other remedy civilly, criminally or administratively than it
may possess under its police powers and the state of California.
17.22.060 Construction, maintenance and development–residential–minimum
design standards.
A. Minimum Lot Width. The minimum lot width shall be twenty-nine (29) feet.
B. Minimum Unit Sizes. The following shall be the minimum dwelling unit size
(in gross floor area):
Square Feet
1. Studio/Efficiency Units 500
2.One bedroom 900
3. Two bedrooms 1,100
4. Two bedrooms and den 1,250
5. Three bedrooms 1,400
6. Three bedrooms and den 1,600
7. Every bedroom over four bedrooms, requires one hundred thirty (130)
square feet of floor area.
Dens shall be differentiated from bedrooms by the fact that there are no closets.
C. Height. In addition to height restrictions found within the various zones,
along walk streets the maximum height in the front half of the lot shall be twenty-
five (25) feet. The walk street shall be considered the front of the lot, except
on reversed corner lots, where the side yard adjacent to the walk street shall be
considered the front.
D. Setback. Front setback shall be a minimum of five feet.
EXHIBIT D
E. Private Storage Space. Each unit within the project shall have at least two
hundred (200) cubic feet of enclosed, weatherproofed and lockable storage
space. Such space shall be for the sole use of the unit owner. Two of the storage
space dimensions shall be of the minimum of two feet and three feet in size. At
least half of the space must be accessible and contiguous to the ground floor
level. Such space may be provided within individual storage lockers, cabinets or
closets within the garage and/or under stairwells, or "over-the-hood" with no
more than three feet overhang and a minimum forty-eight (48) inches clearance
below. It is the intention of this standard to require space over and above that
normally associated with day-to-day functions of the unit and it shall not be a
substitute for normal linen and clothes closets or pantries customarily within
dwelling units.
F. Utilities.
1. All utilities shall be underground.
2. Each utility service connection, including water supply, that is controlled
by and consumed within the individual unit shall be separately metered
3. All meters, utility service connections and major roof chimneys, pipes
or structures shall be integrated with the design of the building and
screened architecturally and/or by landscaping.
4. Clothes washers, dishwashers, hot water heaters and any
other appliances likely to be a potential source of water leakage or
flooding shall be installed with built-in drip pans and appropriate drains,
subject to the approval of the building director (except in the case of
concrete slab floors on grade).
5. Each unit shall have its own circuit breaker panel for all electrical
circuits and outlets which serve the unit. Such panel shall be accessible
without leaving the unit. Each dwelling unit and common area shall have
its own manually switchable circuit.
6. No plumbing fixtures shall be located in a common wall between two
individual units. Each condominium unit shall have the
necessary facilities installed (e.g., plumbing, electrical, venting, etc.) for
washers and dryers.
7. No common vents or drain lines shall be permitted for contiguous units
unless there is at least ten feet of pipe between the closest plumbing
fixtures within the separate units.
8. All water supply lines within the project shall be isolated from wood,
metal and other framing with pipe isolators specifically manufactured for
that purpose and approved by the director of building and safety. All
vertical drainage lines within the project shall be isolated from touching
wood, metal and other framing and all drainage pipe shall be surrounded
by building department approved insulation.
EXHIBIT D
G. Sound Insulation. Wall and floor/ceiling assemblies separating units from each
other or from public or quasi-public spaces, such as interior corridors, laundry
rooms, recreation rooms, parking spaces, etc., shall provide airborne sound
insulation, impact sound insulation, and isolation of vibration and sources of
structure-borne noise (including shock mounting of mechanical equipment). The
minimum wall insulation rating between units shall be 52 STC, and between
floor/ceilings of stacked units, it shall be 58 STC.
H. Architecture and Building Layout.
1. The location and orientation of all buildings shall be designed and
arranged to preserve natural features by minimizing the disturbance to
the natural environment. Natural features such as trees, or slopes shall be
delineated on the site plan and considered when planning the location
and orientation of buildings, open spaces, underground services, walks,
paved areas, playgrounds, parking areas and finished grade elevations.
2. All structures proposed to be constructed within a project shall conform
to the following requirements:
a.Townhouse condominiums having dwelling units attached side-
by-side shall avoid the long-row effect by being composed of not
more than four dwelling units. Alternative designs which
accomplish the same purpose may be approved by the Review
Authority;
b. Structures having dwelling units attached side-by-side shall break
the facade by having an off-set in the front building line of at least
two feet for every two dwelling units within such structure;
3. Landscaping.
a. A detailed landscape plan shall be approved by the Community
Development Director prior to issuance of any building permits.
b. All setback areas fronting on a public street and all common
open space areas shall be landscaped.
c. An automatic landscape irrigation system shall be provided.
17.22.100 Construction, maintenance and development–commercial/industrial–
standards for uses.
All commercial/industrial condominiums require a tentative map as provided in Chapter
16.04 and a precise development plan as provided in Chapter 17.74 . The use restrictions
for the zone in which the property is located shall apply.
EXHIBIT D
17.22.170 Conversions to residential–Precise Development Plan required–public
hearing–appeal.
Condominium conversions, community apartments and stock cooperatives shall require
a precise development plan as provided in Chapter 17.74.
17.22.180 Conversions to residential–public hearing–notice.
The Review Authority shall hold a duly noticed public hearing on a request
for condominium conversion, stock cooperative or community apartment. Notice of
said hearing shall be as provided in Chapter 17.03.050.
17.22.260 Conversions to residential–required findings for approval of
application.
The Review Authority must make the following findings in order to approve a project and
grant a permit:
A. Proposed project is consistent with the general plan;
B. All provisions of this title and referenced codes have been met;
C. The overall design, physical condition and amenities of the project provide
for livability and safety, and the project will not be a physical or financial
burden to the city or neighborhood;
D. Project provides an adequate program of tenant purchase and relocation
assistance.
17.22.290 Conversions to residential–compliance with city codes and general
plan.
To achieve the purpose of this chapter, the Review Authority shall require that
condominium conversions, stock cooperatives and community apartments conform to
the current requirements of the city codes, including building codes and Sections
17.22.020 through 17.22.060, and to the general plan of the city.
EXHIBIT D
17.22.350 Conversions to commercial/industrial–permits required–application
procedures.
A.Applicants shall secure the permits required and fulfill the conditions in
Section 17.22.090. Additional requirements for precise development plans shall
be a history of occupancy report including:
1. Rental rate history for the past five years;
2. Nature of existing tenant businesses and length of tenancy; and
3. Estimated sale prices of units.
B. Applicants shall comply Sections 17.22.170 through 17.22.190, 17.22.210 and
17.22.230.
Civic Center, 1315 Valley Drive, Hermosa Beach, CA 90254-3885 Civic Center, 1315 Valley D
EXHIBIT E
CHAPTER 17.24 RPD Residential Planned Development
Chapter 17.24 (RPD Residential Planned Development) of the Hermosa Beach
Municipal Code is hereby amended as follows
17.24.030 Manner of approval.
Residential planned developments may be permitted in any residential zone with a
tentative map as provided in Chapter 16.04 and precise development plan as provided
in Chapter 17.74.
A. General Requirements. Unless the Review Authority shall specifically waive or
modify the requirement, an applicant for a residential planned development
shall prepare and submit for its consideration an RDP plan as a part of the
application.
17.24.040 RDP plan.
A. The preliminary development plan shall consist of the following:
1. A plot plan of the proposed development, showing:
a. The boundaries of property,
b. Topography,
c. Approximate ground floor area and location of all buildings, and
d. General circulation pattern;
2. A statement as to the architectural design and building
heights proposed;
3. Statistical information, including the following:
a. Acreage or square footage in the property,
b. Floor area ratio,open space, and recreation space,
c.Number, size and type of dwelling units,
d.Occupant car ratio and total car ratio,
e. A schedule for development, including a construction sequence
for the land covered by the residential planned development,
showing the order in which particular structures will be constructed,
f. Any other related information reasonably necessary to enable
the Review Authority to make appropriate findings;
4. Location and height of all walls, fences and screen planting, including a
detailed plan for the landscaping of the development.
EXHIBIT (
EXHIBIT E
B. Approval in principle of the preliminary development plan means that the
land uses proposed and their interrelationship are generally acceptable.
Approval is not an endorsement of precise location or extent of uses, or of
engineering feasibility. The Review Authority may not approve the RPD plan
unless it finds that:
1. The RPD plan conforms to the general plan;
2. Sufficient driveway widths are provided for traffic flow and
maneuverability;
3. The development will not impose a burden on access traffic facilities,
and increased densities will not generate traffic in such amounts as to
overload the street network outside the proposed development;
4. Adequate provision has been made for maintenance of areas of
parking, open space, landscaping and recreational facilities consistent
with the anticipated population of the development;
5. Provision has been made to provide adequate ingress and egress for
fire-fighting equipment.
If a revised RPD plan is presented, it shall be processed in the same manner as the
original plan or plans were processed. When approved, such revised RPD plan
shall automatically supersede any previously approved RPD plan.
Civic Center, 1315 Valley Drive, Hermosa Beach, CA 90254-3885 Civic Center, 1315 Valley D
EXHIBIT F
CHAPTER 17.26 C1, C2 and C3 Commercial Zones
Chapter 17.26 (C1, C2 and C3 Commercial Zones) of the Hermosa Beach Municipal
Code is hereby amended as follows
1. To remove the phrase “including condominiums” from Mixed Uses (residential
uses with ground floor commercial use(s)), and provide that Mixed Uses are
permitted with a Precise Development Plan in the C1 Zone.
2. To remove ”Residence; residential uses above ground floor; commercial
use(s),including condominium developments)” from the table in its entirety.
EXHIBIT )