Honorable Chair and Members of the Hermosa Beach Planning Commission
Regular Meeting of June 15, 2021
Title
TA 21-1 Consideration of amendments to Section 17.08.020 of the Zoning Ordinance regarding Home Occupations (home-based businesses) in residential zones and determination that the project is categorically exempt from the California Environmental Quality Act.
Recommended Action:
Recommendation
1. Conduct public hearing to consider TA 21-1; and
2. Adopt resolution to recommend to the City Council deletion of Section 17.08.020.D14 regarding “Home Occupations” (home-based businesses), and determination that the project is categorically exempt from the California Environmental Quality Act.
Body
Summary:
The proposed text amendments will allow home-based professionals to be issued Home Occupation business licenses without the requirement to be affiliated with a professional office in a commercial zone through deletion of HBMC Section 17.08.020.D.14.
Background:
On November 17, 2020, the Planning Commission considered a staff request for the initiation of text amendments to Section 17.08.020 of the Hermosa Beach Municipal Code regarding “Home Occupations” (home-based businesses) in residential zones. At that time, Staff requested consideration of a comprehensive amendment to the Home Occupations section of the of the Zoning Code including its language for professional home-based business license requests that must be denied due to the outdated requirement to be affiliated with an office in a commercial zone. At that meeting, the Planning Commission provided direction to include Home Occupations with the comprehensive Zoning Code update in progress.
Since that time, the Covid-19 pandemic and resulting stay at home orders and office capacity limits have forced many professionals to work from home. Due to Urgency Ordinances in place during the pandemic, the City has issued some business licenses with conditions that approvals are temporary during the time the health orders are in place. Prior to the pandemic and Urgency Ordinance, the City had denied business license applications for Home Occupation business license applications for professionals including: an attorney, real estate professional, and a child psychologist. These home-based businesses were unable to meet the requirement of Section 17.08.020.D.14.
On May 18, 2021, the Planning Commission considered a staff request for the initiation of a focused text amendment to Hermosa Beach Municipal Code Section 17.08.020. The Commission agreed and directed staff to set a public hearing to consider a Text Amendment to delete 17.08.020.D.14, which currently prevents professionals to from obtaining Home Occupation Business Licenses without a separate principal licensed office in a commercial zone.
Analysis:
Section 17.08.20 includes requirements to issue a business license for a home-based business. Staff is proposing a focused text amendment to consider the deletion of requirement 14. All other home occupation requirements will remain in effect.
“17.08.020 Permitted uses
D. Home Occupations.
14. No professional offices are allowed, specifically including but not limited to the healing arts, law, accounting, real estate, clergy, insurance and similar professional or semi-professional offices, unless the person engaged in such home occupation maintains a principal licensed office in an area permitting such activity as a principal use.”
The proposed text amendment would allow residents who are professionals to obtain Home Occupation Business Licenses for home-based businesses without the need to maintain a principal licensed office in a commercial zone.
Staff has prepared a resolution for Planning Commission consideration to provide recommendations to the City Council regarding the text amendments.
General Plan Consistency:
PLAN Hermosa (the City’s combined General Plan and Local Coastal Program) was adopted in August 2017. The Text Amendment is consistent with the PLAN Hermosa vision to support our vibrant local economy and the Land Use policies:
• Governance 5.1 Residential and Commercial Compatibility. Provide a balance between residential and commercial uses and strive to ensure their compatibility.
• Governance 6.1 Long-term Economic Development. Support the development and implementation of long-term economic development strategies that seek to establish and keep new businesses and a strong middle class in Hermosa Beach over the decades to come.
• Governance 7.6 Livability Principles. Amend or update policies that may run counter to livability, sustainability, and health principles.
• Land Use 1.7 Compatibility of Uses. Ensure the placement of new uses does not create or exacerbate nuisances between different types of land uses.
• Land Use 2.12 Design of Single-family Homes. Maintain and enhance the character of single-family home neighborhoods by:
o Allowing home occupations in neighborhoods so long as there is no significant impact on the surrounding residential uses.
• Sustainability + Conservation 3.2 Reduce Source Reductions. Support land use and transportation strategies to reduce emissions, including pollution from commercial and passenger vehicles.
Environmental Analysis:
The project is exempt from the California Environmental Quality Act (CEQA) pursuant to California Public Resources Code Section 21080(b)(1), because CEQA does not apply to ministerial projects proposed to be carried out or approved by public agencies. The project is statutorily exempt from CEQA in that it would allow for approval of professionals to obtain business licenses for home-based businesses only. Additionally, the zone text changes are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061 of the CEQA Guidelines. Section 15061 states that CEQA applies only to projects that have the potential for causing a significant effect on the environment. No possibility exists that the proposed zone text amendments would have a significant effect on the environment because the zone text amendments would allow for approval of professionals to obtain business licenses for home-based businesses only.
Attachments:
1. Proposed Resolution and Ordinance
2. Link to May 18, 2021 Planning Commission Meeting
3. Hermosa Beach Municipal Code Section 17.08.020
Respectfully Submitted by: Christy Teague, Senior Planner
Approved: Ken Robertson, Community Development Director
Legal Review: Patrick Donegan, Assistant City Attorney