Honorable Chair and Members of the Hermosa Beach Planning Commission
Regular Meeting of April 16, 2024
Title
STUDY SESSION THE ADMINISTRATIVE PROCEDURES COMPONENT OF THE COMPREHENSIVE ZONING CODE UPDATE
(Alexis Oropeza, Planning Manager; Maricela Guillean, Associate Planner)
Body
Recommended Action:
Recommendation
Staff recommends that the Planning Commission:
1. Receive a presentation on the Comprehensive Zoning Code Update;
2. Solicit public comments; and
3. Conduct discussion and provide guidance as appropriate on the upcoming Zoning updates. No formal Planning Commission actions or decision are required at this meeting.
Body
Executive Summary:
The draft administrative procedures are one part of the Comprehensive Zoning Code update (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 provide feedback on the proposed amendments.
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 in order to be consistent with PLAN Hermosa. 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) requiring revisions in order 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 |
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March 4, 2020 |
Joint City Council/Planning Commission Study Session - Introduction to the Zoning and Subdivision Ordinance Assessment for Feedback |
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May 19, 2020 |
Planning Commission - The Final Zoning and Subdivision Ordinance Assessment Presentation |
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February 17, 2021 |
Economic Development Stakeholders Advisory Working Group - Introduction to the Targeted Parking Amendments to Receive Feedback |
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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 |
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August 10, 2021 |
City Council adopts Ordinance No. 21-1436 to amend Chapter 17.26.050, Chapter 17.44 and Section 17.52.035 of the HBMC relating to off-street parking requirements in the commercial zones. |
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February 2, 2022 |
Special Planning Commission Meeting to discuss Draft Land Use Regulations |
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April 6, 2022 |
Special Planning Commission Meeting to discuss Draft Land Use Regulations |
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June 7, 2022 |
Special Planning Commission Meeting to discuss Draft District and Design Standards |
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August 8, 2022 |
Special Planning Commission Meeting to discuss Draft District and Design Standards |
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September 22, 2022 |
Special Planning Commission Meeting to discuss Citywide Standards |
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October 3, 2022 |
Special Planning Commission Meeting to discuss Citywide Standards |
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November 2, 2022 |
Special Planning Commission Meeting to discuss Administrative Procedures |
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December 13, 2022 |
City Council adopts Urgency Ordinance No. 22-1456U to amend Chapter 17.21 (Accessory Dwelling Units) of the HBMC. |
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March 21, 2023 |
Planning Commission Meeting to discuss Rezoning Approach for Housing Element Implementation. |
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July 11, 2023 |
City Council adopts Ordinance No. 23-1462 to amend Chapter 17.21 (Accessory Dwelling Units) of the HBMC. |
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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. |
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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. |
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November 14, 2023 |
City Council adopts Ordinance No. 23-1471 to amend the HBMC to implement Housing Policies and Programs. |
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March 19, 2024 |
Planning Commission Study Session, “IN-THE-Zone" the Zoning and Subdivisions Ordinance Update Planning Commission relaunch |
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 and how 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 implements 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;
• Are clear, concise, understandable, and easy to use.
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 and how they perform 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 implements 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;
• Are clear, concise, understandable, and easy to use.
Past ZCU Review
Administrative policies and procedures were last reviewed and discussed as part of the comprehensive ZCU at the November 2, 2022 Planning Commission meeting. Since that time, Zoning Text Amendments to specific procedures were reviewed and approved by the City Council in conjunction with the adoption of the Housing Element.
During the March 19, 2024, Planning Commission meeting, staff proposed a ZCU timeline anticipated to run from Spring 2024 through Spring 2025. The ZCU is phased into discrete sections allowing for concrete progress towards the implementation of PLAN Hermosa.
The following is an overview of the tentative schedules:
Spring 2024: Create revised administrative procedures and processes including:
o Revise public noticing requirements to be consistent with state law;
o Modify application processes and procedures to streamline review where appropriate;
o Create a Coastal Overlay with no proposed zone changes; and
o Create processes and procedures for General Plan Amendments.
Summer 2024: Update Land Use regulations, definitions and standards for all zoning districts.
o Revise land uses to reflect contemporary uses;
o Revise land use definitions and regulations; and
o Update site development standards (lighting, landscaping, trash enclosures, fencing, etc)
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.
o Update submittal requirements.
o Modify 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 the review process. The proposed changes to the Administrative Procedures are included in Attachment 1. The following provides a summary of proposed chapters and a discussion of specific code sections that aim to achieve the goals and policies of PLAN Hermosa.
Review Authorities
This section establishes the role of decision-making authorities and their corresponding areas of oversight for various legislative actions, quasi-judicial (entitlement) actions, administrative permits, and ministerial (or by-right) actions established in the Zoning Code. The ultimate review pathway depends on the type of project, location of the project and combination of requests. 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 2. The table includes a guide for readers with notations identifying new procedures, and changes in the procedure title and/or change.
Common Administrative Procedures
Public Notices
Currently many of the public noticing practices are not codified in Title 17. This section modifies noticing procedures to; specify the various notification radii, include a requirement to mail notices to both the property owner and occupants within the notification radius, and 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. 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.
Notice of Director Decision
Introducing director-level applications, such as Minor Exception Permits and Minor Use Permits, requires a new section to detail Notice of Decision by Director. A Notice of Decision would be provided in writing and inform recipients of the project description, basis for the Director decision and explanation on the appeal process.
Minor Modification
This section establishes that minor modifications to approved projects, excluding late night drinking establishments, may be made by the Community Development Director provided the change is consistent with the approved findings and conditions. Further, under this section, a project may request a minor modification for an addition of up to 10 percent in floor area. This type of approval would consider previously approved findings and conditions, to determine whether such a request would retain consistency with the original approval.
Appeals and Calls for Reviews
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.
Zoning Clearance
This section was initially introduced as part of the Comprehensive Zoning Update progress in 2022. The purpose of this section is to establish procedures to verify that new or expanded uses, activities, or development complies with all applicable requirements. Proposed application types processed through a Zoning Clearance include special housing development projects such a 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 the size, may not require a building permit. As proposed, a Zoning Clearance would be processed ministerially, and would not be appealable.
Coastal Zone - Approval in Concept
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 current coastal 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 any required entitlements. These procedures are established by the California Coastal Commission (CCC) and is required for any development reviewed by the California Coastal Commission for a Coastal Development Permit, waiver, or exemption.
It is anticipated that this section would be further revised as part of the work on the city’s Local Coastal Program.
General Plan Amendments
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 the following GPA findings are recommended:
1. 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);
2. The amendment will not exceed the annual limit on amendments specified under Government Code Section 65358(b); and
3. The amendment is consistent with the intent of the vision, goals, and objectives, policies of the General Plan as a whole.
Specific Plans
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 and processes to amend or add Specific Plans. Staff proposes the addition of this section to make the procedures and process known to the public.
Currently many of the public noticing practices are not codified in Title 17.
Precise Development Plans (PDP)
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.”
At the September 19, 2023 Planning Commission meeting, the following thresholds for Precise Development Plans were considered by the Planning Commission and adopted by the City Council in November of 2023. These updated thresholds take effect upon certification of the Housing Element by the California Department of Housing Community and Development. As adopted under Ordinance No. 23-1471 (Attachment 3) the PDP review tiers are as follows:
Exempt from PDP:
i. Remodels or additions of less than 1,500 square feet in any zone.
ii. Single Family (one unit) residential projects.
iii. Projects including two dwelling units or more with an affordability or senior unit component.
B. PDPs reviewed by the Planning Commission:
i. Two dwelling units or more that do not have an affordability component.
ii. Non-residential projects.
Staff recommends revising the established thresholds to streamline the review process for non-residential projects involving interior remodels only, as well as for smaller residential projects. Today, an interior reconfiguration of 1,500 square feet or more requires a PDP in addition to the building plan check review process. Today, an interior reconfiguration of 1,500 square feet or more requires a PDP in addition to the building plan check review process. The change is recommended to support the re-tenanting of spaces by reducing the review process for new businesses in these smaller tenant spaces. Interior tenant improvements of 3,000 square feet or less would continue to be reviewed through the plan review process by planning prior to permit issuance.
The PDP review process of four or fewer residential units by the Planning Commission is a fairly routine practice, generally garnering minimal discussion or public input. The Planning Commission will be retained as the review authority for Conditional Use Permit applications, which typically produces a more robust discussion than PDP applications.
Staff is requesting the Planning Commission reconsider the established review thresholds for residential projects with four or fewer dwelling units. Proposed changes to the thresholds for Planning Commission review of residential development projects would allow the Planning Commission to retain review 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. The review of four or fewer residential units would be shifted from the Planning Commission to the Community Development Director. The Director’s decision would be noticed to the public and could be appealed to the Planning Commission. Additionally, the Director could refer projects to the Planning Commission if the circumstances warranted it.
The following summarizes the recommended changes to the PDP thresholds discussed above.
Precise Development Plan is required for all projects that require a permit for new construction, reconstruction, rehabilitation, alteration, or other improvements to the exterior of a structure, site, or a parking area except for:
Exempt from PDP:
i. Additions of less than 1,500 square foot addition any zone.
ii. Interior remodel of 3,000 square feet or less in any zone with no exterior changes.
iii. Single Family (one unit) residential projects.
iv. Projects including two dwelling units or more with an affordability or senior unit component.
PDP Community Development Director Review:
i. Residential only Projects with only 2-4 dwelling units
PDPs continued to be reviewed by the Planning Commission:
i. Residential only projects with 5 dwelling units or more.
ii. All Mixed-Use Development, regardless of the number of residential units.
iii. Non-residential projects.
Conditional Use Permit (CUP)
The Conditional Use Permit process (HBMC 17.56) was updated as part of the Housing Element 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 relocated with all other discretionary applications.
Abandonment of Conditional Use Permit
Section 17.70.030 states that CUPs run with the land and are not considered abandoned until and unless the property owner voluntary abandons or the use permitted by the CUP no longer requires a CUP. Meanwhile, Section 17.70.010(C) requires that Planning Commission use the revocation procedure to eliminate a CUP whose use has been discontinued for over 12 months. However, Section 17.70.010(C) also provides several conditions under which CUPs can be continued, generally pertaining to ongoing lease or sale activity.
Staff surveyed numerous jurisdictions where the CUP runs with the land unless the use governed by the CUP is discontinued or ceased for more than several months. Staff proposes to designate all CUPs granted after the effective date of the Ordinance expire one year after the use ceases.
Minor Use Permit (MUP)
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 and 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.
The specific uses subject to a CUP or MUP will be presented to the Planning Commission for its consideration at future meetings. At this time Staff is seeking direction from the Planning Commission on the procedures for MUPs, public noticing protocol, as well as recommendations for uses that may fall within the applicability for a MUP or CUP.
Reasonable Accommodation
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 further changes recommended at this time.
Minor Exceptions (existing Administrative Variance HBMC 17.53.030)
The proposed administrative process of Minor Exceptions aims to permit minor deviations for selected zoning standards. This section is intended to establish a process where an applicant may obtain a minor exception from the Community Development Director for certain development standards, in situations that commonly occur. Applicants would be required to demonstrate that there are practical difficulties in complying with all the requirements of the Zoning Code. and is only applicable An Administrative Variance (HBMC 17.54.030) will be replaced with a new Minor Exception process. Open space, nonconforming structures and parking exceptions were incorporated from the Administrative Variance section into the Minor Exception section.
The Director must make specific findings and may impose project specific conditions in order 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. As proposed, the minor exception is limited to five deviations from development standards. Staff proposes noticing for the application be limited to the properties and occupants directly adjacent to the subject project.
General Plan Amendment
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. An amendment to change the text or maps of PLAN Hermosa could only be initiated by the City Council General Plan Amendments. 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 not required to make findings 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 the following GPA findings are recommended:
1. 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);
2. That adoption of the proposed General Plan amendment will not exceed the annual limit on amendments specified under Government Code Section 65358(b); and
3. The amendment is consistent with the intent of the vision, goals and objectives, and policies of the General Plan and internally consistent.
Determinations
This section establishes the Community Development Director’s authority to interpret the code and determine whether an unlisted use in a zone may be permitted. This is an authority currently in the Zoning Code. However, this update establishes the required findings and post determination procedures. It changes the review authority to the Planning Commission and requires the Planning Commission to affirm the determination through a Receive and File item.
Use Determination Findings.
a. The characteristics of, and activities associated with the proposed use are not more intense than those uses listed in the zoning district as allowable, and will not involve a greater level of activity, population density, intensity, traffic generation, parking, dust, odor, noise, or similar impacts than the uses listed in the zoning district;
b. The proposed use maintains the purpose/intent of the zoning district that is applied to the location of the use;
c. The proposed use is consistent with the goals, objectives, and policies of the General Plan, or any applicable specific plan; and
e. The proposed use is not specifically prohibited.
When the Director determines that a proposed land use is equivalent 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.
The Planning Commission must confirm the use determination made by the director at a public hearing within 60 days. The interpretation should be published on the city’s website and. The determination must be included in the zoning code updated within a reasonable timeframe.
Moving Buildings (HBMC 17.62.020)
This is an existing code section (Attachment 4) that would be moved to Title 15 under Building and Construction regulations. Along with relocating the procedure, the procedure would be changed to a ministerial procedure as a building permit. Staff would review the relocated building with the development standards of the zone in accordance with the destination location as part of the plan review process.
Next Steps
Staff will update the draft administrative procedures in response to the direction provided on and will tentatively return with revisions in May.
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:
• 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.
Public Notification:
For the current agenda item, the City posted a notice on social media, sent an e-blast to community members. The public may sign up for notifications on the webpage here: https://www.hermosabeach.gov/our-government/city departments/community-development/plans-programs/zoning-andsubdivisionordinance-update <https://www.hermosabeach.gov/our-government/city%20departments/community-development/plans-programs/zoning-andsubdivisionordinance-update>. The interested parties lists include 1,958 email addresses to date. As of the writing the report, staff has received no public comments.
Attachments:
1. Draft Administrative Procedures
2. Review Authority Chart
3. Ordinance No. 23-1471
4. Moving Buildings HBMC 17.62.020
5. 2020 Zoning and Subdivision Ordinance Assessment Report
6. Link to the March 4, 2020 Joint City Council/Planning Commission Study Session
7. Link to the May 19, 2020 Planning Commission Meeting
8. Link to the February 17, 2021 Economic Development Stakeholders Advisory Working Group
9. Link to the March 1, 2021 Economic Development Committee Meeting
10. Link to the March 3, 2021 Joint City Council/Planning Commission Study Session
11. Link to the August 10, 2021 City Council Meeting
12. Link to the February 2, 2022 Special Planning Commission Meeting
13. Link to the April 6, 2022 Special Planning Commission Meeting
14. Link to the June 7, 2022 Special Planning Commission Meeting
15. Link to the August 8, 2022 Special Planning Commission Meeting
16. Link to the September 22, 2022 Special Planning Commission Meeting
17. Link to the October 3, 2022 Special Planning Commission Meeting
18. Link to the November 2, 2022 Special Planning Commission Meeting
19. Link to the December 13, 2022 City Council Meeting
20. Link to the March 21, 2023 Planning Commission Meeting
21. Link to the July 11, 2023 City Council Meeting
22. Link to the September 26, 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
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