Honorable Chair and Members of the Hermosa Beach Planning Commission
Regular Meeting of May 21, 2024
Title
REQUEST FOR A ZONE TEXT AMENDMENT (TA) 24-01 TO AMEND TITLE 17 OF THE HERMOSA BEACH MUNICIPAL CODE (HBMC) PERTAINING TO ADMINISTRATIVE PROCEDURES, A PART OF THE COMPREHENSIVE ZONING CODE UPDATE, AND DETERMINE THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
(Alexis Oropeza, Planning Manager
Maricela Guillean, Associate Planner)
Body
Recommended Action:
Recommendation
Staff recommends that the Planning Commission:
1. Receive a staff presentation;
2. Conduct a public hearing and solicit public comments; and
3. Adopt Resolution (Attachment 2) recommending that the City Council adopt Zone Text Amendment (TA) 24-01 to amend Title 17 of the Hermosa Beach Municipal Code (HBMC) pertaining to Administrative Procedures, a part of the Comprehensive Zoning Code Update. The proposed changes include:
a. Repealing and replacing the following chapters or sections of the Municipal Code:
1. Declaration Of Purpose
2. Variances
3. Precise Development Plans
4. Conditional Use Permit
5. Development Agreements
6. Administrative Permit
7. Amendments
8. Procedures, Hearings, Notices, And Fees
9. Housing Accessibility - Reasonable Accommodation For Disability;
b. Amending the Municipal Code to add procedures for the following:
1. Review Authorities
2. Common Procedures
3. General Plan Amendment
4. Minor Exceptions
5. Temporary Use Permits
6. Minor Use Permits
7. Zoning Clearance
8. Specific Plans
9. Coastal Zoning Clearance
10. Parking Plans; and
c. Amending the zoning code to add and revise definitions.
d. Repealing procedures for Moving Buildings;
e. Environmental Determination: Pursuant to the California Environmental Quality Act (CEQA) the proposed project is exempt pursuant to State CEQA guidelines section 15061(b)(3) as it can be seen with certainty that the subject modifications would not have the potential for significant effect upon the environment, and therefore the activity is not subject to CEQA.
Body
Executive Summary:
The City initiated the Comprehensive Zoning Code and Subdivision Update (ZCU) in 2021; the Administrative Procedures are the first part of the resumed effort to complete the ZCU. The main objective of the Administrative Procedures is to provide a clear review path for processing zoning applications that are understandable and clear to both staff and the public. Staff requests that the Planning Commission receive public input, conduct a discussion, and recommend the City Council adopt Zone Text Amendment (TA24-01) to amend Title 17 of the Hermosa Beach Municipal Code (HBMC) pertaining to Administrative Procedures.
Background:
In 2017, the City Council adopted PLAN Hermosa, the City’s General Plan. In 2020, the City completed an assessment report outlining areas of Title 16 Subdivisions Ordinance and Title 17 Zoning Ordinance of the Hermosa Beach Municipal Code (HBMC) that need to be revised to be consistent with PLAN Hermosa. In 2021, the City launched the ZCU, and the Planning Commission conducted a series of special meetings weighing in on the proposed zoning changes.
Past City Council and Planning Commission Actions
|
Meeting Date |
Description |
|
March 4, 2020 |
Joint City Council/Planning Commission Study Session - Introduction to the Zoning and Subdivision Ordinance Assessment for Feedback |
|
May 19, 2020 |
Planning Commission - The Final Zoning and Subdivision Ordinance Assessment Presentation |
|
February 17, 2021 |
Economic Development Stakeholders Advisory Working Group - Introduction to the Targeted Parking Amendments |
|
March 1, 2021 |
Economic Development Committee - Introduction to the Targeted Parking Amendments to Receive Feedback |
|
March 3, 2021 |
Joint City Council/Planning Commission Study Session - Introduction to the ZCU for Feedback |
|
August 10, 2021 |
City Council adopts Ordinance No. 21-1436 to amend Section 17.26.050, Chapter 17.44 and Section 17.52.035 of the HBMC relating to off-street parking requirements in the commercial zones. |
|
February 2, 2022 |
Special Planning Commission Meeting to discuss Draft Land Use Regulations |
|
April 6, 2022 |
Special Planning Commission Meeting to discuss Draft Land Use Regulations |
|
June 7, 2022 |
Special Planning Commission Meeting to discuss Draft District and Design Standards |
|
August 8, 2022 |
Special Planning Commission Meeting to discuss Draft District and Design Standards |
|
September 22, 2022 |
Special Planning Commission Meeting to discuss Citywide Standards |
|
October 3, 2022 |
Special Planning Commission Meeting to discuss Citywide Standards |
|
November 2, 2022 |
Special Planning Commission Meeting to discuss Administrative Procedures |
|
December 13, 2022 |
City Council adopts Urgency Ordinance No. 22-1456U to amend Chapter 17.21 (Accessory Dwelling Units) of the HBMC. |
|
March 21, 2023 |
Planning Commission Meeting to discuss Rezoning Approach for Housing Element Implementation. |
|
July 11, 2023 |
City Council adopts Ordinance No. 23-1462 to amend Chapter 17.21 (Accessory Dwelling Units) of the HBMC. |
|
September 26, 2023 |
City Council adopts Ordinance No. 23-1469 to amend portions of HBMC Title 17 relating to commercial cannabis activities and mobile cannabis dispensaries. |
|
September 26, 2023 |
City Council adopts Ordinance No. 23-1468 to amend portions of HBMC Title 17 relating to Short-Term Vacation Rentals Pilot Program in Commercial Zones. |
|
November 14, 2023 |
City Council adopts Ordinance No. 23-1471 to amend the HBMC to implement Housing Policies and Programs. |
|
March 19, 2024 |
Planning Commission Study Session, “IN-THE-ZONE" the Zoning and Subdivisions Ordinance Update Planning Commission relaunch |
|
April 16, 2024 |
Planning Commission Study Session, “IN-THE-ZONE” the Zoning and Subdivision Ordinance Update relating to Administrative Procedures. |
Zoning and subdivision regulations translate the policies of a general plan into parcel specific regulations, including land use regulations and development standards. The type and intensity of land uses that are permitted is critical to achieving PLAN Hermosa’s vision for neighborhood preservation and enhancement, economic development, coastal resource protection, environmental sustainability, and community health. The ZCU objective is to develop zoning and subdivision ordinances that:
• Are consistent with and implement the General Plan/Coastal Land Use Plan;
• Are modern and reflects the City’s current uses, practices, and development patterns;
• Provide clear decision-making protocols and streamlined review processes, where appropriate; and
• Are clear, concise, understandable, and easy to use.
Past ZCU Review
Between 2021 and 2022, the Planning Commission reviewed, and the City Council adopted, Zone Text Amendments relating to off-street parking in commercial zones, Accessory Dwelling Units, Short-Term Vacation Rentals, Home Occupations, and Cannabis Delivery. The Planning Commission reviewed and discussed the Administrative Procedures on April 16, 2021 and November 2, 2022. In 2023, the City shifted its focus to updating the Housing Element to comply with state mandates and the California Housing and Community Development HCD) requirements. The ZCU was then reintroduced on March 19, 2024 with a phased approach allowing for concrete progress towards the implementation of PLAN Hermosa. The Administrative Procedures are introduced as the first phase of the ZCU.
The following is an overview of the tentative schedules:
Summer 2024: Update land use regulations, definitions and standards for all zoning districts.
• Revise land uses to reflect contemporary uses.
• Revise land use definitions and regulations.
• Update site development standards (lighting, landscaping, trash enclosures, fencing, etc).
• Create a Coastal Overlay with no proposed zone changes.
Fall 2024: Revise Citywide standards to comply with State and Federal regulations. including revising solar and wireless standards. Other modifications will include revising home occupation standards, landscape standards, reviewing live entertainment provisions and modifying Historic Preservation standards.
Winter 2024/Spring 2025: Modify the Subdivision Ordinance for consistency with State law, including updating submittal requirements and modifying procedures and application types as needed.
Discussion:
The administrative processes and procedures serve as a framework for the comprehensive ZCU. “Processes” refers to the overall path followed during the review of a project, while procedures describe the specific rules and requirements. Establishing clear processes and procedures is important for setting realistic expectations about review processes. The proposed changes to the Administrative Procedures are included in Attachment 1. The code section numbers in Attachment 1 are placeholders and will be properly numbered once the later phases comprehensive ZCU is completed. The following provides a summary of proposed chapters, highlights revisions, and a discussion of amendments that aim to achieve the goals and policies of PLAN Hermosa.
Introductory Provisions
This section establishes that the purpose of the Zoning Ordinance is to implement the City’s General Plan and to protect and promote the public health, and general welfare. The introductory provisions replace Declaration of Purpose (HBMC 17.02) and clarify that the Zoning Ordinance is to all applies to all non-public or right-of-way land owned by a private person, firm, corporation or organization, or the City of Hermosa Beach or other local, State or Federal agencies. This section also clarifies Zoning Ordinance is administered by the Hermosa Beach City Council, Planning Commission and Community Development Department.
Review Authorities
This section establishes: 1) the City Council, Planning Commission, and Community Development Director (Director) as the designated review authorities for the Zoning Ordinance; 2) defines their review authority; and 3) the review authority’s oversight for the various legislative actions, quasi-judicial (entitlement) actions, administrative permits, and ministerial (or by-right) actions established in the Zoning Ordinance. The ultimate review pathway depends on the type of project, location of the project and combination of requests. The table summarizing the notification radius has been expanded to summarize the applicable notification methods and include the notification radius for Minor Use Permits. As proposed, when there are multiple applications, all applications would be reviewed by the highest review authority. A table summarizing the various applications, decision-making authorities, and appeal body is provided in Attachment 3. The table includes a guide for readers with notations identifying new procedures, and changes in the procedure title and/or change.
Administrative Procedures (Attachment 1, page 9-10)
1. Public Notices (Attachment 1, page 13)
Currently many of the public noticing practices are not codified in Title 17 and instead are contained within City Council Resolutions 91-5433 and 09-6631. Staff proposes to codify procedures to: 1) specify the various notification radii; 2) include a requirement to mail notices to both the property owner and occupants within the notification radius; and 3) include local agencies such as school districts. In addition, the form of public notification is expanded to reflect the current practice of posting public notices to the City’s website and on the project site. The following table is included in the draft Administrative Procedures and provides a summary of the notification methods proposed.
|
Permit Type/Approval |
Notice Type |
Notification Method |
|
|
|
Mailing Radius |
Website |
Site Posting |
Newspaper |
|
Minor Exception |
Notice of Pending Action |
ü |
Adjacent and Abutting* Properties |
ü |
None |
None |
|
Minor Use Permit |
Notice of Pending Action |
ü |
100’ |
ü |
None |
None |
|
All Other |
Residential Projects |
Notice of Hearing |
ü |
300’ |
ü |
ü |
ü |
|
|
Commercial Projects |
Notice of Hearing |
ü |
500’ |
ü |
ü |
ü |
|
*Adjacent and abutting properties include properties located across a street or alley. |
Additional provisions were added to include posting of public notices for Citywide projects in accordance with State law. The proposed changes to the Zoning Code makes the standard clear to all staff and the public, supporting transparency and predictability in the noticing process.
2. Notice of Director Action (Attachment 1, page 17)
With the introduction of Director-level applications, such as Minor Exception Permits and Minor Use Permits, a new section is required in order to detail a new type of public notice for the pending action of the Director and the Notice of Action by the Director for an approval or denial. Specifically, the Notice of Pending Action would be provided in writing and inform recipients of the project description, the timing of the Director’s decision and explanation on the appeal process.
3. Zoning and Similar Use Determination (Attachment 1, page 20-21)
The Zoning Ordinance is structured as a permissive set of regulations; uses that are not specifically listed are prohibited. The Director’s authority to administer, interpret, and make similar use determinations exists in the current Zoning Ordinance. When the Director determines that a proposed land use is similar to a listed use, the proposed use will be treated in the same manner as the listed use- specifically, where the use is allowed, what permits are required, and what other standards and requirements of this Zoning Code apply. This update relegates Similar Use Determinations from the Planning Commission to the Director as the review authority and establishes the required findings and post-determination procedures.
This section now clarifies the Director’s ability to determine how to apply the zoning code: 1) in cases of ambiguity, at the request of an applicant; or 2) as part of the Director’s regular responsibilities for administering the zoning code.
4. Minor Modification (Attachment 1, page 17-18)
This section establishes that minor modifications to approved projects, excluding late night drinking establishments, may be approved by the Director provided the change is consistent with the approved findings, environmental analysis, and conditions by the original review authority. At the April 16, 2024 Study Session, Planning Commission expressed concern with the proposed threshold for minor modifications. In response, staff updated this section to establish a maximum floor area expansion of 10 percent or 1,500 square feet, whichever is less.
5. Appeals and Calls for Reviews (Attachment 1, page 19-20)
The City Council review of Planning Commission decisions is established within Title 2 Administration and Personnel of the HBMC. Staff recommends updating this section to establish that an aggrieved member of the public, including the applicant, may file an appeal within 15 days of the Planning Commission’s decision. However, the City Council may call up the Planning Commission decision within the 15-day period or at the next available City Council meeting, whichever time period is greater. In response to Planning Commission’s direction a definition of “aggrieved” has been added as a new definition. This definition pertains to an individual or entity who has made themselves known by providing written or public testimony in response to a notice or at a public hearing.
6. Coastal Clearance - Approval in Concept (Attachment 1, page 54-55)
This section is proposed to reflect current processes and procedures for development in the Coastal Zone which are not incorporated in the Zoning Ordinance today. The addition of this section would help improve the public’s understanding of the development review process for properties in the Coastal Zone. These procedures are temporary while the City pursues obtaining local coastal review authority.
This section makes clear that the Approval in Concept procedure is strictly applied to public and private development within the Coastal Zone as required under the California Coastal Act. The issuance of an Approval in Concept confirms that a project complies with all local regulations including confirming whether any entitlements are required. These procedures are established by the California Coastal Commission (CCC) and are required for development in the Coastal Zone.
This section would be further revised as part of the work on the city’s Local Coastal Program - the means of obtaining local authority.
Applications
Staff assessed the existing procedure framework for each application type and created a new standardized structure for each application section. The goal of the standardization is to provide a predictable format and provide clear decision-making protocols. Some sections vary due to the specific nature of each application.
1. Zoning Clearance (Attachment 1, page 22-23)
This section was initially introduced as part of the Comprehensive Zoning Update in 2022. The intent of adding the Zoning Clearance is to define and describe review procedures and processes staff routinely conducts for by-right ministerial reviews. The purpose of this section is to establish procedures to verify that new or expanded uses, activities, or development comply with all applicable requirements. Proposed application types processed through a Zoning Clearance include special housing development projects such as ADUs, density bonus projects, emergency shelters, supportive housing and residential care facilities. This process is also designed to capture the planning review of business licenses, and accessory structures or fences, that depending on size, may not require a building permit. As proposed, a Zoning Clearance would be processed ministerially, and would not be appealable. Minor formatting changes have been made since the April 16, 2024 Planning Commission meeting to make the table more clear and standardize procedures. Additionally, this section provides more predictable and objective procedures to streamline special housing development projects and process routine ministerial requests.
2. Administrative Permit (Attachment 1, page 23-26)
The Administrative Permit procedures were updated as part of the zone changes that accompanied the Housing Element. The section is updated to standardize formatting, and no substantive changes are being proposed to this section, The Planning Commission will have an opportunity to review and recommend uses that would require an Administrative Permit.
3. Temporary Use Permit (Attachment 1, page 26-28)
This section was introduced as part of the Comprehensive Zoning Update progress in 2022. The purpose of this section is to establish a process for review of uses that are intended to be of limited duration of time and do not permanently alter the character or physical facilities of the site. A Temporary Use Permit will act as a tool to process uses that are temporary in nature and are not currently captured in other application types. The Temporary Use Permit section is crafted to include Conditions of Approval to mitigate potential impacts to surrounding uses and include standard formatting and clear procedures. The specific uses subject to a Temporary Use Permit will be presented to the Planning Commission for its consideration at future meetings.
4. Reasonable Accommodation (Attachment 1, page 28-32)
The reasonable accommodation procedures were updated as part of the zone changes that accompanied the Housing Element. The section was updated to make the reasonable accommodation standards objective and predictable in support of Fair Housing practices in the City. There are no changes recommended at this time.
5. Certificate of Appropriateness (Attachment 1, page 9)
The Historic Resources Preservation section (HBMC 17.53) establishes the procedures to protect and alter historic resources such as buildings, structures, sites, and places within the City. The only proposed modification to this section is to change the review authority from City Council to Planning Commission for Certificate of Appropriateness applications and is reflected under review authority. This change would position the City to become a Certified Local Government (CLG) by the California State Office of Historic Preservation. To be eligible for certification, the city must establish a Historic Review Commission that consists of 5 members, including two professionals with a background in related areas such as history, architecture, architectural history, and planning. The Planning Commission’s area of responsibility as the advisor on land use matters makes this review authority more likely to satisfy the eligibility criteria. Potential benefits of obtaining this certification include technical assistance and grants.
6. Minor Exceptions (existing Administrative Variance HBMC 17.53.030) (Attachment 1, page 32-34)
The Administrative Variance section (HBMC 17.54.030) outlines categories eligible for consideration, however, the review authority is the Planning Commission. The Administrative Variance is essentially the same as a Variance because the process, review authority and required findings are the same. To differentiate the processes and provide a more streamlined option, staff proposes to repeal the Administrative Variance and replace with a new Minor Exception application type.
This section is intended to establish a process where an applicant may obtain a Minor Exception, subject to Director review, for certain development standards, in common situations. Applicants would be required to demonstrate that there are practical difficulties in complying with all the requirements of the Zoning Code.
The Director must make specific findings and may impose project-specific conditions to mitigate any potential negative impact to surrounding uses. Requests greater than the maximum adjustment or an exception to a standard not listed would require a Variance considered by the Planning Commission at a public hearing. Due to the limited scope of the application, staff proposes noticing for the application be limited to the properties and occupants directly adjacent to the subject project. The applicability section for Minor Exceptions is a placeholder until development standards are discussed at a future meeting.
7. Minor Use Permit (MUP) (Attachment 1, Page 34-36)
A MUP was previously introduced as part of the Comprehensive ZCU progress in 2022. The purpose of the Minor Use Permit is to create a streamlined review process for specified uses when appropriate. As proposed, the Community Development Director would act as the review authority for MUPs. MUPs require public notice to be given to owners and residents within a 300-foot radius of the subject site prior to Director action, but are not subject to a public hearing. Notice of the Director’s decision would be mailed to interested parties and the decision could be appealed to the Planning Commission.
8. Conditional Use Permit (CUP) (Attachment 1, page 36-40)
The Conditional Use Permit process (HBMC 17.56) was updated as part of the Housing Element-related Zone Text amendments to include objective findings and move Criteria for Review from HBMC 17.40 to the appropriate section. At this time no substantive changes are proposed. Sections outlining process and procedures will be reorganized to standardize formatting.
The specific uses subject to a CUP or MUP will be presented to the Planning Commission for consideration at future meetings. Staff is seeking direction from the Planning Commission on uses that may fall within the applicability for a MUP or CUP.
9. Abandonment of Conditional Use Permit (Attachment 1, page 36-40)
HBMC Section 17.70.030 states that CUPs run with the land and are not considered abandoned until and unless the property owner voluntarily abandons the use permitted by the CUP no longer requires a CUP. Meanwhile, HBMC Section 17.70.010(C) requires that Planning Commission use the revocation procedure to revoke a CUP when the approved use ceased for over 12 months. HBMC Section 17.70.010(C) also provides several conditions under which CUPs can be continued, generally pertaining to ongoing lease or sale activity. Staff proposes to designate all CUPs granted after the effective date of the Ordinance to expire one year after the use ceases. This provision is consistent with how the Zoning Ordinance regulates nonconforming uses. HBMC Section 17.52.020 states all nonconforming uses are deemed abandoned after 90 consecutive dates of discontinued use. Efforts to bring the CUP abandonment criteria up to date with current practices reflect the desire to keep CUPs reflective of the current environment.
10. Parking Plan (Attachment 1, page 40-42)
Parking Plans allow for an alternative or reduced parking configuration to comply with the Off-Street Parking Chapter (HBMC 17.44). Although City staff regularly processes applications for Parking Plan applications, there are currently no clear procedures or required findings to process a Parking Plan application. Staff proposes a new section establishing the processes and procedures for Parking Plans. Parking Plans allow for an alternative parking configuration to comply with the Off-Street Parking Chapter (HBMC 17.44). Currently, there are no clear procedures or required findings to process a Parking Plan application. This new section would maintain the Planning Commission as the review authority and would establish clear noticing and public hearing procedures, as well as required findings and parameters for imposing project specific conditions of approval. Staff proposes to include required findings for Parking Plan applications. The findings are listed below:
A. The Parking Plan conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the City Council;
B. The Parking Plan is consistent with the purposes of this Title and the specific purpose of the zone in which the project is located;
C. The Parking Plan satisfies all the applicable criteria for the Parking Plan configuration requested in accordance with the Off-Street Parking Chapter of Title 17; and
D. The granting of the requested modification would not be detrimental to the public, health, safety, or welfare of the public.
The required findings are intended to provide staff, the Planning Commission and the applicant with a framework for preparing and evaluating a Parking Plan application. In addition, Conditions of Approval were added as a tool for the Planning Commission to impose reasonable conditions or restrictions to achieve the following outcomes:
A. Ensure that the proposal complies with the general purpose of Title 17 or the specific procedures of the zone in which the project is located;
B. Achieve the findings for the Parking Plan listed in Section TBD, “Required Findings”.
C. A covenant with the city a party thereto, may be required limiting the use of the property and/or designating the method by which the required parking will be provided at the time that the Planning Commission determines that inadequate parking exists.
The creation of this new section provides for a predictable and user-friendly set of procedures for the processing of Parking Plans. As the contents and design of a Parking Plan may vary from project to project based on the site conditions, this section is drafted to provide clear standards as well as room for flexible design criteria.
11. Precise Development Plans (PDP) (Attachment 1, page 42-44)
The PDP is an entitlement review process established to promote “excellence in design, layout, and other physical features of development to achieve a reasonable level of quality, compatibility, in harmony with the community’s social, economic and environmental objectives.”
Staff recommends revising the established PDP thresholds to streamline the review process for non-residential projects involving interior remodels only, as well as for smaller residential projects. Currently, an interior reconfiguration of 1,500 square feet or more requires a PDP in addition to the building plan review process. The change is recommended to support the re-tenanting of spaces by reducing the review process for new businesses in smaller tenant spaces. Staff would continue to verify zoning compliance for interior tenant improvements of 3,000 square feet or less through the building plan review process, prior to building permit issuance.
Staff proposes changes to the thresholds for Planning Commission review of residential development projects would allow the Planning Commission to retain review authority of market-rate residential projects with five or more units, as well as all mixed-use residential developments, regardless of the number of units proposed. At the April 16, 2024 Planning Commission meeting, staff proposed to shift the review of four or fewer residential units from the Planning Commission to the Director. During the meeting, the Planning Commission expressed that Planning Commission should retain the review authority for all residential projects.
Since the meeting, staff has received comments from HCD regarding the Housing Element zoning text amendments. Based on comments from HCD, staff is proposing the following amendments under a separate Zoning Text Amendment, which are included here for reference.
• New residential projects with two (2) or more dwelling units including a minimum of 20% lower-income units
• Projects including minimum of 20% lower-income units that qualify for a density bonus pursuant to Section 17.42.100
12. Moving Buildings (HBMC 17.62.020)
This is an existing code section that would be repealed and moved to Title 15 under Building and Construction regulations at a future date. Along with relocating the regulations to Title 15, the procedure would be changed to a ministerial procedure as a building permit. Staff would review the proposed building with the development standards of the zone in accordance with the destination location as part of the plan review process.
13. Variances (Attachment 1, page 44-46)
This existing section is modified to remove Administrative Variances (moved and renamed to Minor Exception, Section TBD) and includes standardized formatting and clear procedures for processing a Variance.
14. Development Agreements (Attachment 1, page 46-48)
Staff proposes to modify this code section include clear Development Agreement Amendment and cancellation procedures. The section is clarified to include the Planning Commission as the Advisory Board to the City Council who is the review authority for Development Agreements. Required application content is introduced to provide the City and the applicant with clear standards for assessing an application for completeness. In addition, required findings were added as follows:
A. The Development Agreement is in the best interests of the City, promoting the public interest and welfare through public benefits; and
B. The Development Agreement is consistent with all applicable provisions of the General Plan, any applicable specific plan, and this Zoning Ordinance.
Incorporating required findings assists Planning Commission and the City Council in the review and justification for support or denial of a Development Agreement.
15. Specific Plans (Attachment 1, page 48-50)
Specific Plans are a planning tool authorized by the state to implement the General Plan. A specific plan blends together policy and specific development standards and is applied to a small geographic region. Like zoning, the Specific Plan must be consistent with the General Plan. Currently there are ten Specific Plans and no clear procedures or required findings to amend or add Specific Plans.
This new section would designate the Planning Commission as the Advisory Board to the City Council who is the review authority for Specific Plan amendments. The establishment of standardized procedures include adding application, public notice and public hearing requirements, as well as required findings. Staff proposes to include the following required findings:
A. The specific plan or amendment is consistent with the goals, objectives, and policies of the General Plan;
B. The specific plan or amendment will not create conditions materially detrimental to the public health, safety, and general welfare;
C. The specific plan or amendment is compatible with zoning on adjacent properties, and ensures development of desirable character that will be harmonious with surrounding properties;
D. The specific plan or amendment is suitable and appropriate for the location, access, and topography for the development of the subject property;
Incorporating required findings guides the Planning Commission and City Council in the review and justification for an amendment or creation of a Specific Plan Area.
16. Zoning Amendment (Attachment 1, page 50-52)
The Amendment section (HBMC 17.66) will be replaced with an updated Zoning Amendment process. This section is intended to establish procedures by which changes may be made to the text of the Zoning Ordinance or to the Zoning Map.
This section would designate the Planning Commission as the Advisory Board to the City Council who is the review authority for Zoning Amendments. The establishment of standardized procedures include adding application, public notice and public hearing requirements, as well as required findings. Staff proposes to include the following required findings:
A. The amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the City;
B. The amendment is consistent with the intent of the vision, goals and objectives, and policies of PLAN Hermosa, the city’s general plan; and
C. The amendment is consistent with the purpose of the Zoning Ordinance, Title 17.
The addition of required findings guides the Planning Commission and the City Council in the review and justification for a Zoning Amendment.
17. General Plan Amendments (Attachment 1, page 52-54)
General Plan Amendment (GPA) is a new section establishing the process and procedures for amendments to the General Plan text or maps. GPA is a process regulated by State law. Adding this to the Zoning Ordinance provides ease of use and transparency. GPAs represent a fundamental shift in land use. As proposed, an amendment to change PLAN Hermosa can only be initiated by the City Council. As a legislative matter, the Planning Commission's role is an advisory body to the City Council. The City Council is the final review authority for GPAs.
As a legislative action, the decision-making body is only required to make findings of internal consistency for a GPA. However, findings establish the parameters which the reviewing authority uses by which to evaluate a proposal. Establishing the State requirements for GPAs into findings increases transparency of the decision-making process for the public. To ensure, that GPAs are carefully considered and consistent with State law, GPA findings are added as follows:
A. The proposed amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the city, as specified under Government Code Section 65358(as);
B. That adoption of the proposed General Plan amendment will not exceed the annual limit on amendments specified under Government Code Section 65358(b); and
C. The amendment is consistent with the intent of the vision, goals and objectives, and policies of the General Plan and internally consistent.
This section includes standardized formatting and clear procedures for processing a General Plan Amendment.
Next Steps
The City Council is the decision-making body for Zone Text Amendments along with the associated environmental review. The Planning Commission’s action on the Administrative Procedures will serve as a recommendation to the City Council.
Next month, the Planning Commission will hold a study session on the next phase of the ZCU focused on non-residential land use regulations, definitions and standards for all zoning districts.
• Revise land use definitions and regulations.
• Coastal Overlay Zone
• Update site development standards (lighting, landscaping, trash enclosures, fencing, etc).
• Create a Coastal Overlay with no proposed zone changes
• Minor Special Event regulations
General Plan Consistency:
PLAN Hermosa, the City’s General Plan, was adopted by the City Council in August 2017. The purpose of the ZCU is to implement the General Plan and the current code changes align with the following PLAN Hermosa implementation actions:
• Governance Goal 1. A high degree of transparency and integrity in the decision-making process.
• Governance Goal 2. The community is active and engaged in the decision-making process.
• Governance Goal 5. Small beach town character is reflected throughout Hermosa Beach.
o Policy 5.1 Residential and commercial compatibility. Provide a balance between residential and commercial uses and strive to ensure their compatibility.
o Policy 5.2 Development decisions. Strive to conduct the development review process in a consistent and predictable manner.
o Policy 5.3 Clear regulations. Establish clear, unambiguous regulations and policies to clearly communicate the City’s expectations
• Land Use 1- Amend the Zoning Map to bring consistency between PLAN Hermosa Land Use Designations and Zoning Ordinance Zoning Districts and review development standards for non-conforming Uses.
Land Use 2 - Establish development standards within the zoning code to establish any new land use designations and modify existing development standards to articulate the appropriate building form, scale, and massing for each established character area and applicant density standards.
Environmental:
Pursuant to the California Environmental Quality Act (CEQA) the proposed project is exempt pursuant to State CEQA Guidelines section 15061(b)(3) (Common Sense Exemption) of the State CEQA Guidelines (Chapter 3 of Division 6 of Title 14 of the California Code of Regulations). The activity is covered by the Common Sense Exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. There is no possibility that the proposed change to the zoning code may have a significant effect on the environment, therefore the activity is not subject to CEQA. No special circumstances exist that the proposed change would create a significant adverse effect on the environment (i.e. no sensitive species or habitats, no hazardous sites, no scenic highways, no historic resources, etc.).
Public Notification:
For the current agenda item, the City published an ad in the Easy Reader on May 9, 2024 and sent an e-blast to community members on May 8, 2024. The public may sign up for notifications on the webpage here: www.hermosabeach.gov/zoning <http://www.hermosabeach.gov/zoning>. The interested parties lists include 1,958 email addresses to date. Staff met with representatives from the Hermosa Beach Chamber of Commerce on May 9, 2024. As of the writing of the report, staff has received one public comment from the Chamber of Commerce (Attachment 3).
Attachments:
1. Administrative Procedures Annotated Draft
2. Draft Resolution with Ordinance and Administrative Procedures
3. Review Authority Chart
4. Public Comments
5. Public Notification Package
6. Link to the 2020 Zoning Code Assessment
7. Link to the March 4, 2020 Joint City Council/Planning Commission Study Session
8. Link to the May 19, 2020 Planning Commission Meeting
9. Link to the February 17, 2021 Economic Development Stakeholders Advisory Working Group
10. Link to the March 1, 2021 Economic Development Committee Meeting
11. Link to the March 3, 2021 Joint City Council/Planning Commission Study Session
12. Link to the August 10, 2021 City Council Meeting
13. Link to the February 2, 2022 Special Planning Commission Meeting
14. Link to the April 6, 2022 Special Planning Commission Meeting
15. Link to the June 7, 2022 Special Planning Commission Meeting
16. Link to the August 8, 2022 Special Planning Commission Meeting
17. Link to the September 22, 2022 Special Planning Commission Meeting
18. Link to the October 3, 2022 Special Planning Commission Meeting
19. Link to the November 2, 2022 Special Planning Commission Meeting
20. Link to the December 13, 2022 City Council Meeting
21. Link to the March 21, 2023 Planning Commission Meeting
22. Link to the July 11, 2023 City Council Meeting
23. Link to the September 26, 2023 City Council Meeting
24. Link to the November 14, 2023 City Council Meeting
25. Link to the March 19, 2024 Planning Commission Meeting
26. Link to the April 16, 2024 Planning Commission Meeting
27. SUPPLEMENTAL - Raymond Dussault eComment 5/21/24
Respectfully Submitted by: Alexis Oropeza, Planning Manager and Maricela Guillean, Associate Planner
Legal Review: Patrick Donegan, City Attorney
Approved: Carrie Tai, AICP, Community Development Director