Hermosa Beach Municipal Code Ch. 17.76 Variances

Contents:

17.76.010 Purpose.

17.76.020 Applicability.

17.76.030 Review authority.

17.76.040 Procedures.

17.76.050 Required findings.

17.76.060 Conditions of approval.

17.76.070 Appeals; expiration, extensions, and revisions; revocation.

(Ord. # 26-1500 §5 (Exh. L), adopted 06/23/2026, effective 07/23/2026)

This Chapter is intended to provide a mechanism for relief from the strict application of this Title where it would deprive the property owner of privileges enjoyed by similar properties because of the subject property’s unique and special conditions.

(Ord. # 26-1500 §5 (Exh. L), adopted 06/23/2026, effective 07/23/2026)

Effective on: 7/23/2026

Variances may be granted to vary or modify development standards but may not be granted to allow uses or activities that this Title does not authorize for a specific lot or site.

(Ord. # 26-1500 §5 (Exh. L), adopted 06/23/2026, effective 07/23/2026)

Effective on: 7/23/2026

The Planning Commission shall act as the review authority for Variance applications based on consideration of the requirements of this Chapter.

(Ord. # 26-1500 §5 (Exh. L), adopted 06/23/2026, effective 07/23/2026)

Effective on: 7/23/2026

1. Application. Applications for a Variance shall be filed with the Community Development Department on application forms prescribed by the Director.
2. Public Notice. An application for a Variance shall require a public notice prior to the Planning Commission decision, pursuant to Section 17.03.050 (Public Notice).
3. Public Hearing. An application for a Variance shall require a public hearing before the Planning Commission, pursuant to Section 17.03.060 (Conduct of Public Hearings).

(Ord. # 26-1500 §5 (Exh. L), adopted 06/23/2026, effective 07/23/2026)

Effective on: 7/23/2026

After conducting a public hearing, the Planning Commission must make all of the following findings in order to approve or conditionally approve a Variance application. The Commission shall deny an application for a Variance if it is unable to make any of the required findings, in which case it shall state the reasons for that determination.

1. There are exceptional or extraordinary physical circumstances or conditions applicable to the property involved that do not apply generally to property in the vicinity and identical zone, and that the granting of a Variance will not constitute a granting of a special privilege inconsistent with the limitations on the property in the vicinity and identical zone;
2. The granting of the Variance is necessary to prevent a physical hardship which is not of the applicant’s own actions or the actions of a predecessor in interest;
3. The granting of the Variance will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare or convenience; and
4. The granting of the Variance will be consistent with the general purposes and objectives of this Title, any applicable specific plans, and the General Plan.

(Ord. # 26-1500 §5 (Exh. L), adopted 06/23/2026, effective 07/23/2026)

Effective on: 7/23/2026

In approving a Variance, the review authority may impose reasonable conditions or restrictions and/or require reasonable guarantees and evidence that such conditions are being, or will be, complied with, to achieve the following outcomes:

1. Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the City Council;
2. Achieve the general purposes of this Title or the specific purposes of the zone in which the project is located;
3. Achieve the findings for a Variance granted; or
4. Mitigate any potentially significant impacts identified because of review conducted in compliance with the California Environmental Quality Act (CEQA).

(Ord. # 26-1500 §5 (Exh. L), adopted 06/23/2026, effective 07/23/2026)

Effective on: 7/23/2026

1. Appeals. Appeals of Variances shall be processed pursuant to Section 17.03.120 (Appeals and Calls for Review).
2. Expiration and Extension. An approved Variances may expire or be extended pursuant to Section 17.03.090 (Effective Dates: Expiration and Extension).
3. Revocation and Expiration. Revocation and Expiration of any Variances shall be processed pursuant to Section 17.03.110 (Revocation of Permits).
4. Reapplication Upon Denial. After the denial of a Variances has become final, no further application for the same use shall be filed for the same property for the ensuing 12 months, unless the project is revised to resolve the review authority’s previous objections to the project. Said revision shall require a new application process and payment of fees.

(Ord. # 26-1500 §5 (Exh. L), adopted 06/23/2026, effective 07/23/2026)

Effective on: 7/23/2026