Chapter 17.54 — Variances

Contents:

– – 17.54.010 Authority to grant restrictions upon granting conditional use permits excluded. 17.54.020 Findings–conditions. 17.54.030 Scope of administrative variances. – 17.54.040 Notices public comments or hearing. – 17.54.050 Report of decision and findings disposition of report. – 17.54.060 Appeals filing, fees procedure. 17.54.070 Reapplication upon denial. 17.54.080 Revocation–causes–hearing.

1. A.

The planning commission shall grant variances; the building director shall serve as zoning administrator and shall grant administrative variances. Variances and administrative variances shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. 2. B.

A variance or administrative variance which authorizes a use or activity not otherwise expressly authorized by the zoning regulation governing the subject property shall not be granted.

3. C.

The provisions of this division shall not apply to conditional use permits. (Prior code Appx. A, § 1400)

Effective on: 1/1/1901

1. A.

Who Shall Issue Findings. The planning commission shall issue findings on variances; the zoning administrator shall issue findings on administrative variances.

2. B.

Required Findings. The following written findings are required for all variances and administrative variances: 1. 1.

Exceptional circumstances applicable to the property involved;

That the variance is necessary for the preservation of a substantial property right possessed by other properties in the vicinity of the subject property;

That the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the property is located;

That the granting of the variance will not conflict with the provisions of, or be detrimental to, the general plan.

3. C.

Conditions to Assure Nondiscrimination. Any variance or administrative variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located. (Prior code Appx. A, § 1401)

Effective on: 1/1/1901

Administrative variances may be authorized for the following categories of uses, which council may amend by resolution:

1. A.

Up to ten percent reductions in setback and open space requirements for existing buildings;

2. B.

Projections where existing setbacks conform except for projections at local points in the building walls, such as for bay windows when the length parallel to the wall of any such projection is no greater than eight feet, or when the existing projecting element is no closer than three feet from the property line and no greater than one-quarter of the total length of the wall from which it projects; 3. C.

Eaves, to match the existing cave projection when adding to an existing building, and when the new eave will also conform to the requirements of the California Building Code;

4. D.

The enlargement of windows in nonconforming buildings, and other minor structural alterations in nonconforming buildings, provided there is no increase in total floor area;

5. E.

Up to a ten percent reduction in parking stall dimensions for structural reasons, when providing parking in existing buildings; 6. F.

Arbors or trellises in rear yards, for privacy, when the grade of the adjacent property is higher than that of the subject property. Sides and tops of arbors and trellises are to be made only of framework or latticework, and must be at least fifty (50) percent open.

(Prior code Appx. A, § 1402) (Ord. # 25-1493U §4 (Exh. Q), adopted 12/09/2025, effective 12/09/2025)

Effective on: 12/9/2025

1. A.

Administrative Variances.

Notice. The zoning administrator and the city staff shall provide for notice upon receipt of a completed application for an administrative variance. The applicant shall pay for the notice. The notice shall contain an indication that an application for an administrative variance has been filed, the address of the property for which the application has been filed, a description of the request, the address and location of where a copy of the application may be found, and requirements for comments on the application.

Notice shall be mailed to the owner and residents of property immediately adjacent to the subject property, including those properties on directly opposing street frontages. Mailing must be through the United States Mail with postage prepaid. Notice shall be postdated two days and shall be mailed to the last known property owners, as shown on the last local Los Angeles County tax assessor’s roll. Notice shall also be provided by posting all street and alley frontages of the subject property, and by publication of legal notice in a newspaper of general circulation, published and circulated in Hermosa Beach. 3. 3.

Comments by the Public. Public comments must be received by the zoning administrator within ten days of the date appearing on the mailed notice. Comments must be in writing, and must be specific.

2. B.

Variances–Notice. The applicant shall provide notice a minimum of ten days before a hearing on an application for a variance. The method of notice will be established by resolution to the city council. The date of the hearing shall be set by the building department. The date must be a minimum of ten days and a maximum of forty (40) days from the date the application is accepted as complete. (Prior code Appx. A, § 1402.1)

Effective on: 1/1/1901

1. A.

Administrative Variances. The report of decision and findings shall be issued by the zoning administrator. The written report shall be issued not sooner than fifteen (15) nor later than thirty (30) days after public notice as provided by Section 17.54.040(A)(1). The report shall include a statement granting or denying or granting with conditions the administrative variance, a statement of required findings, and a statement advising the applicant of the right to appeal the administrator’s decision to the city council within fifteen (15) days of the issuance of the report of decision and findings. The report of decision and findings shall be mailed to the applicant, and to those originally sent written notice.

2. B.

Variances. The board of Zoning adjustments shall issue the report of decision and findings for variances. The written report shall be issued zoning twenty (20) days of the conclusion of the hearing on the variance application. The report shall include a decision granting, denying or granting with conditions the variance, the required findings, and an indication that the planning commission’s decision shall become final if not appealed within fifteen (15) days of the issuance of the report of decision and findings. A copy of the report of decision and findings shall be sent to the name and address shown on the application. Reports shall be numbered consecutively in the order of filing, and kept as a permanent record. (Prior code Appx. A, § 1402.2)

Effective on: 1/1/1901

1. A.

Administrative Variances. Appeals shall be in writing, including specific items of disagreement with the zoning administrator’s decision or findings. Appeals shall be filed with the city clerk’s office within fifteen (15) days of the issuance of the report of decision and findings. Fees for appeals will be established by resolution of the city council.

The filing of an appeal with the city clerk shall stay the decision of the zoning administrator until the appeal has been acted on. When an appeal is filed, the zoning administrator shall forward the record of the case to the city council. The city council shall conduct a public hearing accordance with Chapter 17.68. Such hearings shall be held within forty (40) days of the council’s receipt of the written appeal. The city council shall announce its decision and findings within sixty (60) days of the closing of the hearing, unless good cause is shown for an extension of time. The council may incorporate by reference the findings of the zoning administrator. Within thirty (30) days of the final decision on an administrative variance, the city council shall mail notice to the appellant and applicant. A copy of this notice shall be included in the zoning administrator’s files.

2. B.

Variances. Appeals shall be in writing, including the specific areas of disagreement with the Planning Commission's decision. Fees for appeals will be established by resolution of the city council. Appeals shall be filed with the city clerk’s office in writing within fifteen (15) days of the planning commission’s decision. The filing of an appeal or a City Council Review initiated pursuant to Section 2.52.040 with the city clerk shall stay the planning commission’s decision on a variance. When an appeal is filed, the planning commission shall transmit the record of the case to the city council. The city council shall conduct a public hearing in accordance with Chapter 17.68. Such hearing shall be held within forty (40) days of the council’s receipt of the written appeal. The city council shall announce its findings within sixty (60) days of the hearing, unless good cause is found for an extension. The council may incorporate by reference the findings of the board of zoning adjustment. The council’s action shall be final. Within thirty (30) days of its final decision on a variance, the city clerk shall mail notice to the applicant and appellant. A copy of this notice shall be included in the planning commission’s permanent files.

(Ord. 95-1145 § 2 (part), 1995; prior code Appx. A, § 1402.3)

• (Ord. # 26-1496 §2, adopted 02/24/2026, effective 03/26/2026)

Effective on: 3/26/2026

After the denial of a variance or administrative variance has become final, no further application for the same variance or administrative variance shall be filed for the same property for the ensuing six months, unless the project has been redesigned so as to eliminate the planning commission’s or the zoning administrator’s or city council’s previous objections to the project. Said redesign will require a complete new application process. (Prior code Appx. A, § 1402.4)

Effective on: 1/1/1901

Any variance may be revoked by the planning commission, and any administrative variance may be revoked by the zoning administrator, for any of the following causes.

1. A.

That any term or condition has not been complied with;

2. B.

That the property for which the variance or administrative variance has been granted is used or maintained in violation of any statute, law, regulation or condition of approval;

3. C.

That the use for which the variance or administrative variance was granted has not been exercised for at least twelve (12) consecutive months, or has ceased to exist, or has been abandoned;

4. D.

That the use for which the variance or administrative variance 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 a variance should not be revoked shall be held by the awarding body prior to the revocation of any variance or administrative variance. (Prior code Appx. A, § 1402.5)

Effective on: 1/1/1901

Chapter 17.55 Administrative Permits

Contents:

17.55.010 Authority to grant. 17.55.020 Purpose. 17.55.030 Application filing. 17.55.035 Required Findings. 17.55.040 Report of decision and findings. – 17.55.050 Effective date Appeals. 17.55.060 Reapplication upon denial. 17.55.070 Revocation. 17.55.080 Expiration.

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

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

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

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.

1. 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; 2. B.

The proposed use is consistent with the General Plan and any applicable specific plan; 3. 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; 4. 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

5. 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

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

1. A.

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.

2. B.

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.

3. C.

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

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

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

1. A.

That any term or condition has not been complied with; 2. 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;

3. 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;

4. 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,

5. 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

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. 131341, § 6, July 2013)

Effective on: 1/1/1901