Local zoning · Hermosa Beach

Hermosa Beach — Variances and Exceptions

Q: What is the difference between a variance and an administrative variance in Hermosa Beach?

A variance (Planning Commission) is for discretionary relief that cannot be handled by staff; it requires the four findings in § 17.54.020 and a public hearing. An administrative variance (Zoning Administrator) is limited to specific categories (e.g., up to 10% setback/open-space reductions, projections, eaves, window enlargements without added floor area, 10% parking stall reductions) and follows the notice/comment process in § 17.54.030 and § 17.54.040 .

Q: How can I legally exceed the **30 ft** height limit for a single‑family or multi‑family building in Hermosa Beach?

Hermosa Beach allows a height exception to exceed 30 ft up to 35 ft when the Planning Commission finds the project meets the criteria (view benefit over surrounding taller buildings, location between lots with existing >30 ft buildings, and no adverse sunlight/air or view impacts). You must provide detailed topographic surveys and spot elevations as part of the application. See § 17.16.020 and § 17.20.020 .

Q: Are there special variance or incentive processes for Pier Avenue / Specific Plan Areas?

Yes. Chapter 17.38 establishes SPA-specific standards, incentives and procedures; incentives (including potential deviations from zoning standards or fee waivers) require Planning Commission findings and, for some fee actions, a Council hearing. SPA standards also contain tailored height/setback rules (e.g., Pier Avenue storefront and second-story setback rules). See Chapter 17.38 .

Q: Can I get relief for historic signage or a nonconforming sign?

Yes — Chapter 17.50 allows the Planning Commission to grant exceptions or waivers for signs of historic value under specific criteria (age, historical business significance, notable appearance) and sets out the sign-appeal procedures. See § 17.50.170–17.50.200 .

Q: Does Hermosa Beach allow small reductions in parking stall dimensions for existing buildings?

Yes — the code allows administrative variances for up to 10% reduction in parking stall dimensions for structural reasons when providing parking in existing buildings; this is one listed category of administrative variance under § 17.54.030 . For other parking incentive/waiver matters see the SPA and parking chapters and Council procedures.

Variances and Exceptions under the Hermosa Beach local zoning and planning code, with the controlling citations.

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Last reviewed: July 3, 2026

Overview

Variances and exceptions in Hermosa Beach are handled under Chapter 17.54 (Variances) and related zone-specific height/exception rules (for example § 17.16.020 / § 17.20.020 for height exceptions). The Planning Commission issues variances, the Zoning Administrator issues administrative variances, and both are tightly constrained by required findings and notice/appeal rules. See the city-wide Hermosa Beach Zoning menu for context on the zones discussed below.

How Hermosa Beach defines and limits Variances and Exceptions

Authority and baseline rule: The Planning Commission grants variances (and the Zoning Administrator grants administrative variances). A variance is allowed only when strict application of the zoning code deprives the parcel of privileges enjoyed by other properties in the vicinity under identical zoning; a variance that would authorize a use not otherwise allowed is prohibited. § 17.54.010.
Required written findings for any variance (both Planning Commission and administrative variances): (1) exceptional circumstances applicable to the property, (2) necessary to preserve a substantial property right possessed by nearby properties, (3) not materially detrimental to public welfare or injurious to nearby property, and (4) not in conflict with the General Plan. § 17.54.020.
Administrative variances (limited, faster, staff-level): examples include up to 10% reductions in setbacks/open space for existing buildings, limited projections (bay windows/eaves), enlargement of windows in nonconforming buildings (no increase in floor area), 10% reduction in parking stall dimensions in existing buildings, and trellises/arbors in rear yards under specified conditions. § 17.54.030.
Notices, hearing and comment windows differ by type: administrative variance notice and public comment process is prescribed (mailing to adjacent owners, posting, newspaper publication, and written comments due within 10 days); formal variances require a noticed hearing per the municipal procedures. § 17.54.040.
Report of decision, appeal deadlines and stays: the administrator’s report is issued 15–30 days after public notice for administrative variances; the Planning Commission's written report is issued within 20 days after the hearing for variances. Appeals of administrative variances or variances must be filed within 15 days of the report of decision. §§ 17.54.050–17.54.060.
Revocation and reapplication limits: variances may be revoked for noncompliance, abandonment, or nuisance; after a final denial, the same variance cannot be refiled for six months unless redesigned. §§ 17.54.080, 17.54.070.
Exceptions (non-variance relief) appear in zone-specific provisions — the most commonly used local “exception” is the height exception that can allow an increase above the base height limit (see height sections below). See also sign exceptions in Chapter 17.50.

District-by-district breakdown (where variances/exceptions typically apply)

Below are Hermosa Beach districts where variances or exceptions frequently arise. Each subsection names the actual Chapter or section that governs the district and cites the controlling § for the item described.

R-1 — Single-Family Residential (Chapter 17.08)

Purpose / typical uses: single-family dwellings; two-unit regulation handled elsewhere; short-term rentals prohibited. See Chapter 17.08 and related front/side yard rules in § 17.20.
Key dimensional standards: lot coverage, usable open space, front/side yard maps; small-lot special standards (lots ≤ 2,100 sq ft) include 70% maximum lot coverage and 300 sq ft usable open space rules. § 17.08.040 and related development standards.
Where it applies: Citywide single-family neighborhoods mapped under Chapter 17.08; variance requests commonly seek minor setback relief or small-lot coverage exceptions under § 17.54.030 (administrative variances) or a Planning Commission variance where findings require.

R-1A / R-2 / R-2A / R-2B / R-3 — Two- and Multi-family Residential (Chapters 17.10–17.16)

Purpose / typical uses: duplexes, multi-dwelling units, condominiums, emergency shelter allowances in R-3. Specific permitted uses listed per chapter (for example § 17.16.010 for R-3).
Key dimensional standards: height limits (generally 30 ft default), front/side yard percentages (e.g., side yard typically 10% of lot width, minimum 3 ft), usable open space and lot-area-per-unit calculations. Exceptions to height (to 35 ft) are available under specific findings (see § 17.16.020 / § 17.20.020).
Where it applies: residential corridors and blocks; variances are used for setbacks, small increases in lot coverage, or where unique lot shape/topography creates hardship (see Chapter 17.54).

C-1 / C-2 / C-3 — Commercial Zones (Chapter 17.26)

Purpose / typical uses: neighborhood to regional commercial uses; restaurants, retail, services per the permitted uses list. See Chapter 17.26 for the full authorized uses.
Key dimensional standards: building heights vary by commercial zone — C-1 and C-2: 30 ft maximum; C-3: 35 ft maximum; rear/side yard setbacks adjacent to residential zones are specified (e.g., C-3 requires 8 ft + 2 ft per story above the first where adjacent to residential). § 17.26.?? and specific subsections on height/setbacks (see chapter text).
Where it applies: downtown commercial corridors and shopping areas; variances commonly requested for building projection, signage relief (see Chapter 17.50), or rear-yard adjacency conditions. Use Hermosa Beach Signage guidance for sign-related exceptions.

M-1 — Light Manufacturing (Chapter 17.28)

Purpose / typical uses: light manufacturing and compatible commercial uses; sign regulation parity with commercial zones. M zone sign rules reference § 17.50.140.
Key dimensional standards: height and setback standards defined in the chapter; administrative variances can be used for small structural projections or parking stall adjustments under § 17.54.030.
Where it applies: industrial or mixed-use pockets; variances often involve parking or loading dimension adjustments — consult Hermosa Beach Parking when parking dimensions are at issue.

OS-O — Open Space Overlay (Chapter 17.36)

Purpose / typical uses: preserve open-space character while allowing limited development; the overlay contains explicit waiver language allowing the City Council to waive standards when a hardship finding is made. § 17.36.040 (Waiver).
Key dimensional standards: overlay-specific coverage and open-space rules that may be waived by resolution of the Council. § 17.36.040.
Where it applies: sites proposed for open space conversion, right-of-way vacations, and parks.

Specific Plan Areas (SPA) and Housing Element Overlay (HE) (Chapter 17.38, Chapter 17.39)

Purpose / typical uses: SPAs contain area-specific development standards and may offer incentives; § 17.38 lists plan-area development standards and the process for incentives/waivers. § 17.38.040–17.38.220 (plan-area permitted uses and standards).
Key dimensional standards: SPA chapters have tailored height, frontage, and storefront rules (for example Pier Avenue rules in § 17.38 discussing height and second-story setbacks). Deviations or incentives are processed through the Planning Commission with required findings and often need Council action for fee waivers.
Where it applies: Pier Avenue, plan-area neighborhoods and listed SPAs (see Chapter 17.38).

Notes:

Many district-level standards for height and allowable rooftop elements reference the California Building Code for exceptions (e.g., elevator housings, chimneys), so check the California Building Standards Code when rooftop elements are proposed. § 17.46.015 and related subsections.

Decision‑relevant table (quick reference)

What it is	Key limit / rule	Who decides / process	Code reference
Variance (full)	Must meet four required findings (exceptional circumstances; preserve property right; not detrimental; not conflict with GP)	Planning Commission (appealable to Council)	§ 17.54.020
Administrative variance (limited)	Examples: up to 10% setback/open-space reduction; limited projections; 10% parking stall reduction	Zoning Administrator (appealable to Council within 15 days)	§ 17.54.030, § 17.54.060
Height exception (residential)	Can exceed 30 ft up to 35 ft when all criteria met (view, adjacency to taller structures, no adverse impacts)	Planning Commission hearing; appeal to City Council	§ 17.16.020 / § 17.20.020
Notice & comment (admin variance)	Mail to adjacent owners, posting, newspaper; written comments due 10 days after notice	Zoning Admin processes and issues report 15–30 days after notice	§ 17.54.040, § 17.54.050
Revocation grounds	Noncompliance with conditions, violation of law, abandonment (12 months), nuisance	Revocation hearing by awarding body	§ 17.54.080

Practical guidance and comparisons (plain-English synthesis)

If you need small, technical relief — for example a modest projection, matching eave, or a 10% setback reduction for an existing building — begin with an administrative variance because it is intended for those narrow categories and follows an expedited staff process; the rules and exact allowed categories are in § 17.54.030.
If your project seeks relief that creates more than minor dimensional changes (new floor area, a new use, or a setback that would grant a new privilege compared with neighbors), you should expect a full variance before the Planning Commission and the need to meet the four findings in § 17.54.020 — these are substantive, discretionary findings and are often the hardest element to persuade the Commission on.
For modest increases in height in residential zones (e.g., above 30 ft to as much as 35 ft) the City provides a specific height exception path with explicit criteria (scenic view over already-taller neighbors; adjacency to buildings already over 30 ft; no adverse impacts). Submit accurate topographic surveys and spot elevations as required by § 17.16.020 / § 17.20.020; these are called out as application requirements.
When parking dimension relief is needed, note there is a distinct, limited administrative allowance for up to 10% reduction in parking stall dimensions for existing buildings — but for off‑site parking, in‑lieu and incentive provisions live in Chapter 17.38 and may require Planning Commission recommendation to Council for fee waivers. See Hermosa Beach Parking.
If your property is in an overlay or SPA (for instance OS-O or a Pier Avenue SPA), the overlay/SPAs often include their own waiver/incentive language; Council or Planning Commission may need to make special findings. See Hermosa Beach Overlay Districts and § 17.36.040 for the OS-O waiver.
Design and signage-related exceptions are reviewed under Chapter 17.50; for historic signage exceptions see the historic-sign exception criteria in § 17.50.170–17.50.200. Link design review when preparing materials to the Hermosa Beach Design Review guidance because the Commission will evaluate massing and roof style for height exceptions.

Checklist (what an applicant must satisfy)

Prepare a complete application packet with site plans, elevations, and a detailed topographic survey / spot elevations when height relief or massing is sought (required by § 17.16.020 / § 17.20.020).
Demonstrate the factual basis for the four variance findings (exceptional circumstances, property-right preservation, no material detriment, consistency with General Plan) — map these to specific site facts. § 17.54.020.
If pursuing an administrative variance, confirm your request fits one of the authorized categories (e.g., up to 10% setback reduction, projections, eaves, window enlargements without added floor area, 10% parking stall reduction). § 17.54.030.
Prepare a public-notice plan and pay required fees — administrative variance notice requires mailing, posting and newspaper publication; public comments are due 10 days after mailed notice. § 17.54.040.
Expect a written report of decision (admin: 15–30 days after notice; variance: ~20 days after the hearing) and an appeal deadline of 15 days to the City Council. §§ 17.54.050–17.54.060.
If in an overlay or SPA, check overlay/SPA chapters (e.g., § 17.36.040 for OS-O waivers or specific SPA incentive provisions in Chapter 17.38).

Risks & Ambiguities

Issue	Why it matters	What to verify
Insufficient findings evidence	The four findings in § 17.54.020 are discretionary and substantive; lack of convincing site-specific evidence commonly causes denial.	Verify and document unique property circumstances, comparable properties in vicinity, and General Plan consistency. § 17.54.020.
Misclassifying an administrative vs. full variance	Administrative variances are strictly limited to categories in § 17.54.030; a request outside those categories will be rejected or referred to Planning Commission.	Confirm your relief request falls within § 17.54.030 categories before filing for an administrative variance.
Height exception scope (30 → 35 ft)	Exceptions to exceed 30 ft rely on adjacency to already-taller buildings and view findings; failure to provide accurate spot elevations/topography is fatal to the application.	Provide certified topographic survey and elevations, and confirm the surrounding building heights per § 17.16.020 / § 17.20.020.
Overlays / SPAs with separate standards	SPA or overlay waiver language (e.g., OS-O) can allow different outcomes (fee waivers or standard waivers), creating procedural differences.	Check the specific SPA or overlay chapter (Chapter 17.36, 17.38) for waiver procedures and required Council resolution language.
Sign / historic exceptions	Sign exceptions for historic signs are handled under Chapter 17.50 with specific criteria; these differ from standard variance rules.	Verify sign-specific exception criteria in § 17.50.170–17.50.200.

Plain-English Summary

If your Hermosa Beach project needs small, technical relief (minor setback, projection, parking stall tweak), apply for an administrative variance under § 17.54.030; for anything that changes rights or adds new floor area you’ll need a Planning Commission variance and must meet the four findings in § 17.54.020. Height exceptions above 30 ft are possible but require a public hearing, topographic proof, and the specific view/adjacency findings set out in § 17.16.020 / § 17.20.020.

Source References

Hermosa Beach Municipal Code — Chapter 17.54 Variances (Authority, findings, scope, notices, report, appeals, revocation): §§ 17.54.010–17.54.080.
Administrative variances — scope examples (10% reductions, projections, eaves, parking reductions): § 17.54.030.
Administrative variance notices and report timing: §§ 17.54.040–17.54.050.
Appeals, reapplication, revocation: §§ 17.54.060–17.54.080.
Height limits and height-exception criteria (residential): § 17.16.020 and parallel language in § 17.20.020.
R-1 small‑lot standards and lot-coverage/open-space rules: Chapter 17.08, including § 17.08.040.
C-zone height and setback rules and design guidance: Chapter 17.26 (commercial standards) and related SPA standards in Chapter 17.38.
OS-O overlay waiver: § 17.36.040.
Sign exceptions and historic sign waiver criteria: Chapter 17.50 (e.g., § 17.50.170–17.50.200).
Administrative permits (findings and process for other ministerial/adjudicative permits): Chapter 17.55 (selected findings § 17.55.035).

Sources

Retrieved passages

CBC § 1400 (§ 1400) High relevance
Hermosa Beach Zoning Code (Section 17.58.040) High relevance
Hermosa Beach Zoning Code (§1) High relevance
Hermosa Beach Zoning Code (§1) High relevance
Hermosa Beach Zoning Code (§1404) High relevance
CBC § 1402 (§ 1402) High relevance
Hermosa Beach Zoning Code (§ 1402.5) High relevance
CBC § 2 (Chapter 17.21.) High relevance
Hermosa Beach Zoning Code (Section 17.42.100) High relevance
Hermosa Beach Zoning Code (Chapter 17.68.) High relevance
Hermosa Beach Zoning Code (§4) High relevance
Hermosa Beach Zoning Code (§ 1402.1) High relevance
Hermosa Beach Zoning Code (§6) High relevance
Hermosa Beach Zoning Code (§8) High relevance
Hermosa Beach Zoning Code (section have) Medium relevance
Hermosa Beach Zoning Code (§1) Medium relevance

Cited sections

Hermosa Beach Municipal Code — **Chapter 17.54 Variances** (Authority, findings, scope, notices, report, appeals, revocation): **§§ 17.54.010–17.54.080**. (Chapter 17.54)
Administrative variances — scope examples (10% reductions, projections, eaves, parking reductions): **§ 17.54.030**. (§ 17.54.030)
Administrative variance notices and report timing: **§§ 17.54.040–17.54.050**. (§ 17.54.040)
Appeals, reapplication, revocation: **§§ 17.54.060–17.54.080**. (§ 17.54.060)
Height limits and height-exception criteria (residential): **§ 17.16.020** and parallel language in **§ 17.20.020**. (§ 17.16.020)
R-1 small‑lot standards and lot-coverage/open-space rules: **Chapter 17.08**, including **§ 17.08.040**. (Chapter 17.08)
C-zone height and setback rules and design guidance: **Chapter 17.26** (commercial standards) and related SPA standards in **Chapter 17.38**. (Chapter 17.26)
OS-O overlay waiver: **§ 17.36.040**. (§ 17.36.040)
Sign exceptions and historic sign waiver criteria: **Chapter 17.50** (e.g., **§ 17.50.170–17.50.200**). (Chapter 17.50)
Administrative permits (findings and process for other ministerial/adjudicative permits): **Chapter 17.55** (selected findings **§ 17.55.035**). (Chapter 17.55)
HermosaBeach_ZoningCode.md

Frequently asked questions

What is the difference between a variance and an administrative variance in Hermosa Beach?

A variance (Planning Commission) is for discretionary relief that cannot be handled by staff; it requires the four findings in § 17.54.020 and a public hearing. An administrative variance (Zoning Administrator) is limited to specific categories (e.g., up to 10% setback/open-space reductions, projections, eaves, window enlargements without added floor area, 10% parking stall reductions) and follows the notice/comment process in § 17.54.030 and § 17.54.040.

How can I legally exceed the **30 ft** height limit for a single‑family or multi‑family building in Hermosa Beach?

Hermosa Beach allows a height exception to exceed 30 ft up to 35 ft when the Planning Commission finds the project meets the criteria (view benefit over surrounding taller buildings, location between lots with existing >30 ft buildings, and no adverse sunlight/air or view impacts). You must provide detailed topographic surveys and spot elevations as part of the application. See § 17.16.020 and § 17.20.020.

Can I get a variance to authorize a use that is not allowed in my zone?

No. The Hermosa Beach code expressly prohibits a variance or administrative variance that would authorize a use not otherwise authorized by the zoning regulations for the property. Variances can only adjust dimensional or developmental standards under the code, not create new permitted uses. § 17.54.010.

What evidence does the Planning Commission expect to support the “exceptional circumstances” finding?

The Commission expects site‑specific documentation demonstrating the property’s unique physical conditions (size, shape, topography, location, or surroundings) that cause an undue burden under strict zoning application, plus comparison to neighboring properties and discussion of General Plan consistency. These elements map to the findings in § 17.54.020.

If I file for an administrative variance, how will neighbors be notified and how long do they have to comment?

For an administrative variance the Zoning Administrator’s office mails notice to adjacent owners/residents, posts the property, and publishes legal notice; written public comments must be submitted within 10 days of the mailed notice date. See § 17.54.040 for the detailed notice and comment process.

What if the Zoning Administrator denies my administrative variance?

You may appeal an administrative variance denial to the City Council in writing within 15 days of the issuance of the report of decision and findings; filing the appeal stays the administrator’s decision until the Council acts. § 17.54.060 sets the appeal timing and procedures.

Are there special variance or incentive processes for Pier Avenue / Specific Plan Areas?

Yes. Chapter 17.38 establishes SPA-specific standards, incentives and procedures; incentives (including potential deviations from zoning standards or fee waivers) require Planning Commission findings and, for some fee actions, a Council hearing. SPA standards also contain tailored height/setback rules (e.g., Pier Avenue storefront and second-story setback rules). See Chapter 17.38.

How long before a Planning Commission variance decision becomes final?

The Planning Commission will issue a written report of decision and findings (generally issued within ~20 days of conclusion of the hearing) and the decision becomes final if not appealed within 15 days; appeals go to the City Council under § 17.54.060.

Can I get relief for historic signage or a nonconforming sign?

Yes — Chapter 17.50 allows the Planning Commission to grant exceptions or waivers for signs of historic value under specific criteria (age, historical business significance, notable appearance) and sets out the sign-appeal procedures. See § 17.50.170–17.50.200.

Does Hermosa Beach allow small reductions in parking stall dimensions for existing buildings?

Yes — the code allows administrative variances for up to 10% reduction in parking stall dimensions for structural reasons when providing parking in existing buildings; this is one listed category of administrative variance under § 17.54.030. For other parking incentive/waiver matters see the SPA and parking chapters and Council procedures.

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