Hermosa Beach City Zoning Code

CHAPTER 17

55 Administrative Permits

17.55.010 Authority to grant.

The community development department may grant administrative permits for all such uses and matters required by this title to be reviewed and allowed only upon the granting of an administrative permit.

Effective on: 1/1/1901

17.55.020 Purpose.

The purpose of an administrative permit is to ensure that a proposed use or matter for which an administrative permit is required complies with the standards, limitations and other regulations applicable to the subject use or matter.

Effective on: 1/1/1901

17.55.030 Application filing.

Prior to the establishment of any use or grant of any or entitlement for which an administrative permit administered by this section is required by this title or Code, an application for an administrative permit, signed by a property owner, lessee or business owner shall be filed with the community development department upon a form furnished by the department. The application shall include a site plan, drawings and information in sufficient detail to demonstrate compliance with the regulations applicable to the subject use or matter, accompanied by a fee set by resolution of the city council.

Effective on: 1/1/1901

17.55.035 Required Findings.

The review authority must make all of the following findings to approve or conditionally approve an Administrative Permit application. The inability to make one or more of the findings is grounds for denial of an application.

A.
The proposed use is allowed within the applicable zone with Administrative Permit approval, and complies with all other applicable provisions of this Zoning Ordinance and the Municipal Code;
B.
The proposed use is consistent with the General Plan and any applicable specific plan;
C.
The site is physically adequate for the type, density, and intensity (e.g., number of employees and customers) of use being proposed, including provision of services (e.g., sanitation and water), public access, and the absence of physical constraints;
D.
The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on site and in the vicinity of the subject property; and
E.
The establishment, maintenance, or operation of the proposed use at the location proposed will not endanger, jeopardize, or otherwise constitute a menace to the public convenience, health, interest, safety, or the general welfare of persons residing or working in the vicinity of the proposed use.

(Ord. # 23-1471 §42, adopted 11/14/2023, effective 08/05/2024)

Effective on: 8/5/2024

17.55.040 Report of decision.

Except as set forth below, the community development director shall issue the administrative permit no more than thirty (30) days following the filing of a complete application therefor. Approval will be based upon determining the request complies with the standards, limitations and other regulations in the governing section, which may include the imposition of conditions and limitations to ensure the permit is consistent with said requirements intended to protect the public health, safety and welfare; otherwise, the director shall deny the application and provide the applicant a written statement of the reasons the permit cannot be issued. The applicant shall be advised in writing of the right to appeal the director’s decision pursuant to Section 17.55.050.

Notwithstanding above, permits for accessory dwelling units and/or junior accessory dwelling units shall be decided within one hundred twenty (120) days of receipt of a complete application and subject to the provisions outlined in Chapter 17.21.

(Ord. 18-1385 §7, 2018)

(Ord. # 23-1471 §42, adopted 11/14/2023, effective 08/05/2024)

Effective on: 8/5/2024

17.55.050 Effective date–Appeals.

Notwithstanding 17.55.050(C), decisions of the community development director may be appealed to the planning commission by filing an appeal within fifteen (15) days of the director’s decision; provided, that upon affixing the signature of the applicant to an issued permit, the permit shall become effective and the right to appeal shall be waived. Appeals shall be filed in writing with the community development department accompanied by a fee set by resolution of the city council. Notice of hearing shall be given to the applicant at least ten (10) days prior to the hearing, unless the applicant agrees to waive the requirement so that the matter may be heard at an earlier time. The commission’s review shall be limited to a determination of whether the application complies with the requirements of the applicable governing section(s). The filing of an appeal within such time shall stay the effective date of the decision until the commission has acted on the appeal. The commission’s decision shall be final and conclusive, unless the governing section specifically provides for a direct or subsequent appeal to the city council.

Appeals to the city council shall be filed with the city clerk accompanied by a fee set by resolution of the city council. The filing of an appeal within ten (10) days shall stay the effective date of the decision until the council has acted on the appeal as hereinafter set forth in this title. Upon receipt of a written appeal, the planning commission shall transmit to the council the planning commission’s complete record of the case. Notice of hearing shall be given to the applicant at least ten (10) days prior to the hearing, unless the applicant agrees to waive the requirement so that the matter may be heard at an earlier time. The council shall hear the matter and render a determination as soon as reasonably practicable, but in no event later than sixty (60) days after an appeal has been filed unless requested by the applicant. The council’s review shall be limited to a determination of whether the application complies with the requirements of the governing section. The council shall announce its findings within forty (40) calendar days of the hearing, unless good cause is found for an extension, and the decision shall be mailed to the applicant. The council’s decision shall be final and conclusive.

Ministerial or non-discretionary Administrative Permits are not eligible for appeal.

(Ord. # 23-1471 §42, adopted 11/14/2023, effective 08/05/2024)

Effective on: 8/5/2024

17.55.060 Reapplication upon denial.

After the denial of an administrative permit has become final, no further application for the same administrative permit shall be filed for the same property for the ensuing six months, unless the project has been revised so as to eliminate the decision making body’s previous objections to the project. Said revision shall require a completely new application process and payment of fees.

Effective on: 1/1/1901

17.55.070 Revocation.

Any administrative permit may be revoked by the director or the decision making body for any of the following causes:

A.
That any term or condition has not been complied with;
B.
That the property for which the administrative permit has been granted is used or maintained in violation of any statute, law, regulation or condition of approval;
C.
That the use for which the administrative permit was granted has not been exercised for at least twelve (12) consecutive months, or has ceased to exist, or has been abandoned;
D.
The administrative permit has been issued for a short-term vacation rental, which has received three (3) affirmed violations of the ordinance codified in this section or any of the city’s quality of life ordinances, such as noise violations, disturbing the peace, or creating a public nuisance, within a 12-month period; or,
E.
That the use for which the administrative permit was granted has been so exercised as to be detrimental to the public health or safety or so as to constitute a nuisance.

A hearing to show cause why the permit should not be revoked shall be held by the issuing body prior to the revocation of any administrative permit. Written notice shall be provided the permit holder at least ten (10) days prior to the hearing stating the reasons therefor. (Ord. 19-1395 §7, 2019)

Effective on: 1/1/1901

17.55.080 Expiration.

An administrative permit shall expire at the conclusion of the permitted use or activity, not to exceed one year from the effective date if no expiration or term is stated therein, and the property shall thereafter be used in compliance with the provisions of this Title and Code. (Ord. 13-1341, § 6, July 2013)

Effective on: 1/1/1901

Hermosa Beach City Zoning Code

CHAPTER 17

55 Administrative Permits

17.55.010 Authority to grant.

Effective on: 1/1/1901

17.55.020 Purpose.

Effective on: 1/1/1901

17.55.030 Application filing.

Effective on: 1/1/1901

17.55.035 Required Findings.

A.
The proposed use is allowed within the applicable zone with Administrative Permit approval, and complies with all other applicable provisions of this Zoning Ordinance and the Municipal Code;
B.
The proposed use is consistent with the General Plan and any applicable specific plan;
C.
The site is physically adequate for the type, density, and intensity (e.g., number of employees and customers) of use being proposed, including provision of services (e.g., sanitation and water), public access, and the absence of physical constraints;
D.
The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on site and in the vicinity of the subject property; and
E.
The establishment, maintenance, or operation of the proposed use at the location proposed will not endanger, jeopardize, or otherwise constitute a menace to the public convenience, health, interest, safety, or the general welfare of persons residing or working in the vicinity of the proposed use.

(Ord. # 23-1471 §42, adopted 11/14/2023, effective 08/05/2024)

Effective on: 8/5/2024

17.55.040 Report of decision.

(Ord. 18-1385 §7, 2018)

(Ord. # 23-1471 §42, adopted 11/14/2023, effective 08/05/2024)

Effective on: 8/5/2024

17.55.050 Effective date–Appeals.

Ministerial or non-discretionary Administrative Permits are not eligible for appeal.

(Ord. # 23-1471 §42, adopted 11/14/2023, effective 08/05/2024)

Effective on: 8/5/2024

17.55.060 Reapplication upon denial.

Effective on: 1/1/1901

17.55.070 Revocation.

Any administrative permit may be revoked by the director or the decision making body for any of the following causes:

A.
That any term or condition has not been complied with;
B.
That the property for which the administrative permit has been granted is used or maintained in violation of any statute, law, regulation or condition of approval;
C.
That the use for which the administrative permit was granted has not been exercised for at least twelve (12) consecutive months, or has ceased to exist, or has been abandoned;
D.
The administrative permit has been issued for a short-term vacation rental, which has received three (3) affirmed violations of the ordinance codified in this section or any of the city’s quality of life ordinances, such as noise violations, disturbing the peace, or creating a public nuisance, within a 12-month period; or,
E.
That the use for which the administrative permit was granted has been so exercised as to be detrimental to the public health or safety or so as to constitute a nuisance.

Effective on: 1/1/1901

17.55.080 Expiration.

Effective on: 1/1/1901

Hermosa Beach City Zoning Code

CHAPTER 17

55 Administrative Permits

17.55.010 Authority to grant.

Effective on: 1/1/1901

17.55.020 Purpose.

Effective on: 1/1/1901

17.55.030 Application filing.

Effective on: 1/1/1901

17.55.035 Required Findings.

A.
The proposed use is allowed within the applicable zone with Administrative Permit approval, and complies with all other applicable provisions of this Zoning Ordinance and the Municipal Code;
B.
The proposed use is consistent with the General Plan and any applicable specific plan;
C.
The site is physically adequate for the type, density, and intensity (e.g., number of employees and customers) of use being proposed, including provision of services (e.g., sanitation and water), public access, and the absence of physical constraints;
D.
The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on site and in the vicinity of the subject property; and
E.
The establishment, maintenance, or operation of the proposed use at the location proposed will not endanger, jeopardize, or otherwise constitute a menace to the public convenience, health, interest, safety, or the general welfare of persons residing or working in the vicinity of the proposed use.

(Ord. # 23-1471 §42, adopted 11/14/2023, effective 08/05/2024)

Effective on: 8/5/2024

17.55.040 Report of decision.

(Ord. 18-1385 §7, 2018)

(Ord. # 23-1471 §42, adopted 11/14/2023, effective 08/05/2024)

Effective on: 8/5/2024

17.55.050 Effective date–Appeals.

Ministerial or non-discretionary Administrative Permits are not eligible for appeal.

(Ord. # 23-1471 §42, adopted 11/14/2023, effective 08/05/2024)

Effective on: 8/5/2024

17.55.060 Reapplication upon denial.

Effective on: 1/1/1901

17.55.070 Revocation.

Any administrative permit may be revoked by the director or the decision making body for any of the following causes:

A.
That any term or condition has not been complied with;
B.
That the property for which the administrative permit has been granted is used or maintained in violation of any statute, law, regulation or condition of approval;
C.
That the use for which the administrative permit was granted has not been exercised for at least twelve (12) consecutive months, or has ceased to exist, or has been abandoned;
D.
The administrative permit has been issued for a short-term vacation rental, which has received three (3) affirmed violations of the ordinance codified in this section or any of the city’s quality of life ordinances, such as noise violations, disturbing the peace, or creating a public nuisance, within a 12-month period; or,
E.
That the use for which the administrative permit was granted has been so exercised as to be detrimental to the public health or safety or so as to constitute a nuisance.

Effective on: 1/1/1901

17.55.080 Expiration.

Effective on: 1/1/1901