PROPOSED MEASURE "F"

AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
AMENDING SECTION 17.030.020 AND ADDING CHAPTER 17.76 TO THE
CITY OF HERMOSA BEACH MUNICIPAL ZONING CODE

PROPOSED AMENDMENT TO THE CITY OF HERMOSA BEACH MUNICIPAL
ZONING CODE THE CITY OF HERMOSA BEACH COASTAL CONSERVATION ACT

The People of the City of Hermosa Beach do ordain as follows:

SECTION 1. Title. This ordinance shall be known as, and may be cited as, "The City of Hermosa Beach Coastal Conservation Act."

SECTION 2. Findings, Determinations and Declarations. The people of the City of Hermosa Beach hereby find, determine, and declare all of the following:

(A) Protection and conservation of the public beach is critical to the long-term interests of the people of Hermosa Beach and all Californians.

(B) Conserving the open space and natural resources of our beach protects the best known symbol of Hermosa Beach, and preserves the beach for enjoyment of future generations.

(C) Pollution of coastal waters, paid admission to temporary events on the beach, commercial sales on the beach, the lack of sufficient public notice thereof, and the excessive amount of temporary events in the coastal zone frustrates the California Coastal Act’s purposes of protection of coastal resources and the implementation of long-term conservation planning measures and is a negative precedent that represents a continuing threat to the beach in Hermosa Beach and other public beaches in cities along the entire California coast.

(D) Such temporary events in the coastal zone have the potential for negative impacts upon the following, including, but not limited to: Availability of public access parking opportunities, coastal views and scenic resources, the creation of unlimited temporary commercial advertising on the beach, the creation of litter on the beach and streets, degradation of sea water quality, the creation of excessive noise incompatible with surrounding residential and commercial properties, wildlife, increased traffic congestion and gridlock, increased pedestrian congestion, and the overuse of natural resource areas.

(E) Permanent commercial advertising on the beach frustrates the Coastal Act's purpose to preserve coastal views and scenic resources, and its requirements for implementation of long-term conservation planning measures.

(F) Therefore the People of the City of Hermosa Beach declare that with the exception of minor participant entry fees such as team participant entry fees, no admission may be charged to any part of the public beach for any reason, including, but not limited to: Temporary events or parts thereof; that no permanent commercial advertising shall be allowed on the sandy beach area, including, but not limited to: Trash cans, tide charts, lifeguard facilities, recreational facilities, and all other public facilities located on the beach; temporary events in the coastal zone shall be limited, strictly controlled, permits strictly enforced, and subjected to comprehensive monitoring in order to limit and quantitatively and qualitatively analyze the impacts on the following, including, but not limited to: Coastal access parking opportunities, temporary commercial advertising on the beach, coastal views and scenic resources, the overuse of natural resource areas, increased pedestrian and traffic congestion, creation of excessive noise, and the creation of exhaust fumes from generators, and shall mandate adequate and comprehensive mitigation measures in order to reduce all negative impacts to a level of insignificance.

(G) The People of The City of Hermosa Beach further declare that the City shall promote a minimum of four (4) community beach clean-up days during the period May 1 through September 30 each year; shall provide funding, proportional to the City’s responsibility, for the diversion of all storm-drain run-off generated within the city, within the top ten priorities in the city budget each year, with the exception of each year in which a recession has been declared by the Governor of California, until sufficient facilities exist to effectively and substantially reduce polluted storm drain runoff into the ocean; shall ensure year-round sea-water quality testing is performed weekly and; shall install and maintain a public notice board at the foot of, or adjacent to the Hermosa Beach Pier for posting notices, including, but limited to: Public notices of proposed temporary events in the coastal zone, local coastal environmental awareness issues and sea water quality testing results. Such notice board shall be no smaller than four (4) feet wide by four (4) feet tall, and shall be operational within ten (10) days of the completion of the Hermosa Beach Pier renovation, or within 90 days of effectivity, whichever comes first.

(H) The People of The City of Hermosa Beach further declare that in order to pay for long-range conservation measures to protect our open space beach, it is appropriate and necessary to dedicate all revenue except in-kind fees received by the City from all temporary events in the coastal zone into a "Coastal Conservation Fund." Therefore, all such revenues, including, but not limited to: Permit fees, exclusive use parking fees, filming fees and other sources of revenue derived directly from temporary events in the coastal zone shall be placed in the Coastal Conservation Fund only. The first priority for Coastal Conservation Fund expenditure shall be one-time compensation for the expedited, permanent, and complete elimination of all permanent commercial advertising located on beach trash cans, tide charts, lifeguard facilities, recreational facilities and all other public facilities located on the beach. Specifically, the agreement with the County of Los Angeles which provides for permanent commercial advertising on beach facilities in-lieu of direct payment for maintenance services. Once all permanent commercial advertising has been eliminated pursuant to this act, all remaining and future Coastal Conservation Fund revenues shall first be used to ensure year-round weekly sea water quality testing and secondly to establish, enhance and maintain City of Hermosa Beach provided permanent recreational equipment on the beach and thirdly shall be used to provide each maintenance. Any remaining Coastal Conservation Fund revenues shall be used to help fund the diversion of city storm-drain run-off and to help provide for the establishment and maintenance of a non-profit marine research related facility which may be developed on the Hermosa Beach Pier. If such a non-profit marine research related facility is approved on the Hermosa Beach Pier it shall be the first priority for revenues from the Coastal Conservation Fund. All permanent commercial advertising as identified herein shall be removed in their entirety by no later than June 1, 2000, or within one hundred eighty (180) days of effectivity, which ever comes first. Current or future revenues in the Coastal Conservation Fund shall not be borrowed or loaned for any reason. Only permanent commercial advertising on County of Los Angeles Lifeguard and maintenance vehicles shall be exempted, excluded, or otherwise waived from the provisions of this act. There shall be no new or expanded permanent commercial advertising located in the LRC-OS zone.

(I) The People of The City of Hermosa Beach further declare that the actions of a prevailing party in an action brought to enforce the provisions of this act have resulted in a significant public benefit.

(J) The City of Hermosa Beach has an amended Land Use Plan certified by the California Coastal Commission.

(K) The City of Hermosa Beach Municipal Code and certified Land Use Plan does not provide adequate controls for the review or management of temporary events in the coastal zone.

(L) Therefore, the People of Hermosa Beach declare that the procedures and standards established by this initiative will provide adequate measures to establish sufficient public notice, and reduce and limit the extent of the potential negative impacts of temporary events to a level of insignificance.
A Local Coastal Program proposed by the City of Hermosa Beach shall incorporate the provisions and intent of this act without modification by the City.

(M) The People of the City of Hermosa Beach further declare that the city shall implement the following land use plan policies:

POLICY: 1.A. The city shall maximize the opportunities for using available parking for weekend beach use.

POLICY: 1.B. The city shall protect on-street parking spaces in the coastal zone which are available to the general public whenever possible and ensure the replacement of such eliminated on-street parking spaces on a one-to-one basis within the city of Hermosa Beach coastal zone within one year.

SECTION 3. Purpose and Intent. The purpose and intent of this act is to monitor, preserve and protect the coastal resources within Hermosa Beach, increase public notice, limit the power of the city to expand temporary event commercial development in the coastal zone without voter approval, and to implement and carry out the provisions as identified herein consistent with the Land Use Plan policies, California Coastal Act and the California Code of Regulations. Nothing in this act shall be interpreted to mean the City shall have authority to commence Coastal Development Permitting authority unless, and until, the city has a certified Local Coastal Program, or; that the People of The City of Hermosa Beach support construction of any new parking structures in the downtown area, or; to limit in any way the ability of the city to react in an emergency, or; to limit in any way the application or enforcement of the California Environmental Quality Act (CEQA).

The City of Hermosa Beach Municipal Zoning Code is subject to the following modifications to read:

(A) Modify Chapter 17 Section 17.030.020 ZONING ("Open Space Zone: Permitted Uses") by DELETING Section (a) and REPLACING it with the following:

    (a) Public and private parks, not including the beach;

(B) Chapter 17 ("ZONING") is hereby amended to add a new zone designated as Long Range Conservation Open Space LRC-OS, Restricted Open Space as follows:

Section 17.76 Long Range Conservation Open Space LRC-OS

Section 17.76.010 Purpose and Intent. The LRC-OS zone/land use designation is intended to preserve publicly-owned shoreline and sandy beach areas as an open space natural resource subject to long range conservation planning measures, while allowing for passive and active recreational activities, encouraging increasing public access parking opportunities, and preserving the unique character of Hermosa Beach’s oceanfront, coastal resources, public views, and access to coastal resources.

Section 17.76.020 Permitted uses. Activities in the LRC-OS zone shall range from passive recreational uses such as walking to more intensive, active recreational and cultural uses consistent with the provisions of this act.

Section 17.76.030 Improvements permitted. Improvements permitted in the LRC-OS zone shall be as follows:

(A) Only non-permanent structures, play equipment, volleyball courts, and softscape shall be permitted.

(B) Only non-building public improvements, benches, currently planned or existing public facilities and utilities, erosion and restoration improvements and incidental public service purposes, including, but not limited to: Burying cables and pipes or inspection and maintenance of the pier or intake and outfall lines shall be permitted.

Section 17.76.040 Area designated. The public sandy beach from the northerly City boundary to the southerly City boundary and from the Strand wall and concrete path to the mean tide line shall be designated and zoned LRC-OS. The LRC-OS zone may not be combined with any other zones that lie within the coastal zone or any overlay district. In the LRC-OS zone the standards in this act shall take precedent over other standards in the zoning code. The standards in this act shall be applied in a manner which is most productive of public access and coastal resources.

Section 17.76.050 Definitions.

"Applicant" for the purposes of this act, means any person or his or her authorized representative, entity, corporation or Local Government Agency who applies for, or who is required to apply for, a Park Use Permit and or Coastal Development Permit for a temporary event in the coastal zone;

"City" or "City Council" means the City or City Council of The City of Hermosa Beach, California;

"Coastal resources" includes, but are not limited to, the sandy beach, public access parking opportunities, visitor and recreation facilities, coastal views and scenic resources, water-oriented events, marine resources, biological resources, and environmentally sensitive habitat areas;

"Commercial development" for the purposes of this act means a project that involves the exclusive use of coastal resources for a limited duration and or proposes the use of non-permanent structures and or temporary commercial advertising on or above the beach in excess of one hundred square feet, or, a project that includes permanent commercial advertising in the LRC-OS zone;

"Cumulatively" or "cumulative effect" means the incremental effects of an individual project when reviewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects;

"Event-dependent vehicle(s)" means any motor vehicle or trailer that requires on-site parking in order for the event to function at all;

"Exclusive use" means a use that precludes use of the area occupied by the event, for public recreation, beach access or access to coastal waters other than for or through the event itself;

"Limited duration" means a period of time which does not exceed an eight day period on a continual basis, including setting up and removing all materials associated with an activity at a site and restoring the site to its preexisting condition, or does not exceed a consecutive four month period on an intermittent basis;

"Non-permanent structures" include, but are not limited to; bleachers, perimeter fencing, vendor tents/canopies, judging stands, trailers, portable toilets, sound/video equipment, stages, platforms, movie/film sets, etc., which do not involve grading or landform alteration for installation, with the exception of sand berms in replacement of bleachers;

"Pass through(s)" means only those functions in which pedestrians or bicyclists originate outside Hermosa Beach and pass thru the city enroute to a designated location outside Hermosa Beach such as a walkathon;

"Permittee" for the purposes of this act, means any person or his or her authorized representative, entity, corporation or Local Government Agency who receives approval for a Park Use Permit and or Coastal Development Permit for a temporary event in the coastal zone;

"Sandy beach area" or "Beach" includes publicly owned sandy beach areas fronting on coastal waters, regardless of the existence of potential prescriptive rights or a public trust interest;

"Shall" means mandatory;

"Temporary commercial advertisement(s)" means the total visible surface(s) of any and all material displayed at and or associated with a temporary event that contains a logo, visual display, or written announcement of a product, service or organization that is sold or operates primarily for profit, which is larger than one (1) square foot, with the exception of: the actual product itself, event-dependent vehicles, umbrellas, chairs, towels and temporary play equipment such as nets and balls. In the case of vehicles on display, it shall mean the entire visible envelope surface of each vehicle. All other commercial advertisement(s) in the LRC-OS zone shall be considered "permanent commercial advertisement(s)" for the purposes of this act and;

"Temporary event(s)" or "Event(s)" means an event or function of limited duration, including set-up and take-down and restoring the site to its preexisting condition, which includes the use of non-permanent structures that involves development within the meaning of the California Coastal Act, including, but not limited to: Exclusive use of a sandy beach, parkland, pier, filled tidelands, water, streets, sidewalks, bicycle path, or parking area or a portion thereof, which is otherwise open and available for general public use.

Section 17.76.060 Temporary events – Regulations.

(A) Temporary events within the City of Hermosa Beach coastal zone shall be subject to the following regulations.

(1) The Parks, Recreation and Community Resources Advisory Commission or its successor shall review each proposed temporary event for which a Park Use Permit and or Coastal Development Permit is required on an event-by-event basis consistent with the procedures set forth in this act at a duly noticed public hearing, and make recommendations to the City Council for denial or approval as proposed, or as modified at a duly noticed public hearing.

(2) Priority shall be given to temporary events that require the coast in order to function at all, such as surfing events.

(3) The Parks, Recreation and Community Resources Advisory Commission and the City Council shall not consider a permit for a period of three (3) years from the date of application for any temporary event whose applicant or responsible party has performed any of the following:

    (a) Failed to mitigate all impacts from the same or substantially similar previous temporary event in the coastal zone to a level of insignificance upon completion of the mitigation and monitoring program including extensions, if any;

    (b) Commenced development of a temporary event in the coastal zone without a valid permit issued as required pursuant to this ordinance.

(4) Temporary events held on the beach whose primary function is live amplified music shall be treated generically without regard to the applicant’s identity and the city shall be the responsible party for compliance to mitigation conditions of the permit. Monitoring of sound, off-site mitigation parking lots and traffic conditions in the area of the event shall be performed by an independent third party.

(5) Temporary commercial advertising in the LRC-OS zone must be associated with a current temporary event and shall be attached to a structure and shall not be set on the sand or attached to any recreational facility on the beach in such a way as to replace the recreational facility primarily for commercial purposes. No mechanical or electronic advertising device shall be allowed in the LRC-OS zone.

(6) Each proposed event with an expected or known attendance of 500 or more participants and spectators on any day shall have at least one person available at all times in an identified central location to answer questions and log and respond to complaints. The original log shall be signed by the applicant and provided to the city manager and included in the permanent record in an expedited manner.

(7) Temporary events in the coastal zone with an expected or known attendance of 1000 or more participants and spectators on any day shall not be combined or held concurrently.

(8) Temporary events held on the beach shall not provide for areas which are exclusive access or VIP areas except for documented security reasons.

(9) No sales of any kind shall be allowed on the sandy beach, with the exception of constitutionally protected materials only, with specific approval.

(10) The applicant shall be given a copy of, be responsible to know the contents thereof, and comply with the Hermosa Beach noise ordinance as applicable.

(11) All parking lots in the City’s Preferential Parking Program shall be protected from use by temporary events, and shall not be used as off-site parking mitigation lots for any events. The City shall provide for the posting of signs in these lots which discourage exclusive event parking at least twenty-four (24) hours in advance and shall monitor each lot during events for which 1500 or more people are expected to attend on any day, in order to determine the impact of each event on these lots. Lots found to be occupied ninety percent (90%) or greater by 9:55 a.m. during an event on weekend days or holiday days shall require an attendant with specific instructions to park beachgoers and visitors to public facilities only. Information shall be provided to direct event patrons to the remote lots. Any exception from this requirement shall require California Coastal Commission approval.

(12) Temporary events in the coastal zone during the period of May 1 through September 30 with an expected or known attendance of 1500 or more participants and spectators on any day which occur during weekend days and or holiday days shall be subjected to comprehensive monitoring as follows:

(a) A comprehensive monitoring program shall be established to quantitatively and qualitatively analyze the impacts of each proposed temporary event on the following, including, but not limited to: Coastal access parking opportunities, coastal views and scenic resources, temporary commercial advertising in the LRC-OS zone, the overuse of natural resource areas, increased pedestrian congestion, increased traffic congestion, parking impacts on residents and businesses, creation of excessive noise, and exhaust fumes from generators, and shall direct mandatory comprehensive mitigation measures for each event, including subsequent events, to reduce all negative impacts to a level of insignificance.

(b) The monitoring shall be conducted each weekend and or holiday during the event for the first three occurrences of an event in order to determine if the impacts have been mitigated to a level of insignificance, or upon a finding of cause by the City Council, which shall be set forth in full in a resolution, may be extended on an event-to-event basis for a maximum of two (2) events or two (2) calendar years thereafter, whichever comes first, in order to determine if the impacts can be specifically found by the City Council, based on the evidence submitted, to have been reduced to a level of insignificance, and shall be set forth in full in a resolution. Each monitored item shall be documented as clearly as possible, including, but not limited to: Logs, reports, photographs, video tape/film, printouts, public parking surveys and other documented proof. The monitoring shall include a program which determines the actual number of attendees who require parking in order to attend the event. Events whose monitoring proves less off-site parking is required may be adjusted to more accurately reflect the actual parking requirement. Limited monitoring shall continue in perpetuity to ensure compliance with off-site parking-usage permit conditions which reduce negative parking impacts to a level of insignificance.

(c) Monitoring of traffic conditions in the area of the event and of each off-site parking lot usage shall be conducted by a qualified professional independent third party.

(d) Temporary event applicants or responsible parties who have failed to mitigate all impacts to a level of insignificance during the mitigation and monitoring program, including extensions if any, and have not applied for a permit for a temporary event in the coastal zone during the last three (3) years, not withstanding any other provision of this act, may be considered for a permit provided that the applicant or responsible party agrees in writing to a one (1) time mitigation and monitoring program, and understands and agrees that no further permits shall be issued for the event, or substantially similar event, or the applicant or responsible party, if all impacts are not mitigated to a level of insignificance.

(13) Temporary events in the coastal zone shall comply with all findings as provided for in Section 17.76.080 Findings – Temporary Events.

(14) Temporary events in the coastal zone occurring during the period of May 1 through September 30 shall require a written post-event final comprehensive report ("Final Report") in the form of an affidavit attesting to the truth, accuracy and completeness of the information contained therein, submitted within thirty (30) calendar days of the conclusion of the event, which shall include, but not be limited to: the permit conditions and all aspects of compliance with each condition, peak attendance times and number of attendees, off-site parking utilization, traffic conditions in the area of the event, radio scripts including quantity, date and time of airing, locations of professionally printed signs directing traffic, and event temporary commercial advertising documentation. Failure to submit a Final Report within forty (40) calendar days of the conclusion of the event shall cause denial of all future permits for temporary events to the applicant and his or her authorized designee.

(15) A Park Use Permit and or Coastal Development Permit shall be required for temporary events in the coastal zone for which any one of the following apply:

(a) A temporary event with an anticipated or known total attendance of 500 or more participants and spectators between the hours of 9:30 a.m. and 7:00 p.m. on any day.

(b) A temporary event which involves the closure or exclusive use of more than 20 public parking spaces in the coastal zone, or involves the issuance for more than 20 temporary parking passes for use of public parking spaces in the coastal zone.

(c) A temporary event which involves the closure of the Hermosa Beach Pier to the general public.

(d) A temporary event of which any part is held on a beach area which proposes the display of temporary commercial advertisement in excess of one hundred (100) square feet on or above the beach.

(e) A temporary event held on a sandy beach area, which exceeds 48 hours in duration including set-up and take-down and restoring the site to its preexisting condition.

(f) A temporary event, which in conjunction with other planned or approved temporary events on the same day, would cause the closure of any public parking lots in the coastal zone, the closure of the Hermosa Beach Pier, the closure or exclusive use of more than 20 public parking spaces in the coastal zone, or cumulatively create anticipated or known attendance of 500 or more participants and spectators between the hours of 9:30 a.m. and 7:00 p.m. on any day.

(g) A temporary event that proposes live amplified music on the beach.

(16) All temporary events not subject to the above Park Use Permit and or Coastal Development Permit requirements shall be exempt from Park Use Permit and or Coastal Development Permit requirements, with the following exceptions:

(a) The Director of Community Development shall require a Park Use Permit and or Coastal Development Permit for those temporary events which have the potential to directly or indirectly impact the following: coastal access parking opportunities; coastal views and scenic resources; coastal resources; environmentally sensitive resources; and rare or endangered species.

(b) The International Surf Festival operated by the Beach Cities Health District, pass through(s) and the Saint Patricks Day Parade not including it’s associated street vending, shall be the only temporary events exempted, excluded, or otherwise waived from obtaining a Park Use Permit and or Coastal Development Permit, provided that the event does not propose temporary commercial advertisement(s) exceeding one thousand (1000) square feet on and or above the beach, and is operated in a manner consistent with the 1998 event and with the provisions, policies and standards of this act, the Land Use Plan and or Local Coastal Program adopted by the City. This section shall not affect the application of use fees.

(c) The Director of Community Development shall issue a Notice of Determination for each temporary event which is determined to be exempt from Park Use Permit and or Coastal Development Permit requirements under Section 17.76.060.A.16. On the day that the Notice of Determination is issued, it shall be posted in the calendar or binder and website required by Section 17.76.060.A.19, and a copy shall be sent to the California Coastal Commission office at least sixty (60) days prior to commencement of the proposed temporary event. Unless a challenge is received in the Community Development Directors office pursuant to Section 17.76.100 within ten (10) city hall working days of receipt by the California Coastal Commission office, the determination shall be deemed final.

(17) Park Use Permits and or Coastal Development Permits for temporary events issued pursuant to this act shall be subject to and processed in conformance, with CEQA all applicable policies and provisions set forth in this act and the policies and provisions of the Land Use Plan and or Local Coastal Program. The calendar or binder and website required by Section 17.76.060.A.19 shall be used to track all temporary events.

(18) The Director of Community Development shall inspect the temporary event during the monitoring and mitigation period for strict permit compliance during the event’s highest attendance period and keep a detailed written record for the permanent files of the case. Any deviation from the approved permit must be in writing and reviewed and approved prior to commencement by the Director of Community Development and shall be minor in nature. The Director of Community Development or his or her designee shall create a user-friendly guide designed to help applicants and others understand and utilize the temporary event permitting process.

(19) The City Manager or his or her designee shall keep a calendar or binder and electronic website continuously on the computer internet/world wide web for public review that describes the location, duration, and number of participants and attendees of all approved temporary events and all events that have been proposed. The calendar or binder and website shall provide for electronic mail, phone numbers and addresses for correspondence, and shall contain summaries of all complaints, Coastal Conservation Fund balances, indicating where the revenue has been spent each year and to date, a list of the total square footage of temporary commercial advertising allowed on the beach individually and cumulatively from events each year, all relevant reports and photographs and all Notices of Determinations (exemptions) and Park Use Permits and or Coastal Development Permits issued for all temporary events during the preceding 24 months. In addition, the City Manager or his/her designee shall place in the calendar or binder and website within two (2) working days of receipt from the Los Angeles County Department of Beaches and Harbors, all copies of applications for Beach/Harbor Use Permits forwarded by the County. In addition to the website, the calendar or binder shall be available for immediate public review at a public counter in City Hall and or in the public Library during normal business hours without having to submit a Request for Public Records Form or any other form.

Section 17.76.070 Standard Conditions.

(A) The following standard conditions shall be applied to all applications and Park Use Permits and or Coastal Development Permits for temporary events held in the coastal zone:

(1) NOTICE OF RECEIPT AND ACKNOWLEDGMENT. The permit is not valid and development shall not commence until a copy of the permit signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Community Development Department at least thirty (30) calendar days prior to commencement of development. Late submittal will result in denial of permit issuance.

(2) EXPIRATION. If development has not commenced, the permit will expire on the last day of the approved Park Use Permit and or Coastal Development Permit temporary event date.

(3) COMPLIANCE. All development must occur in strict compliance with the proposal as set forth in the application for permit, subject to any special conditions set forth in the permit. Any deviation from the approved permit must be in writing and reviewed and approved prior to commencement by the Director of Community Development.

(4) INTERPRETATION. Any questions of intent or interpretation of any condition will be resolved in writing by the Community Development Director.

(5) INSPECTION. The Community Development Director shall be allowed to inspect the site for permit compliance.

(6) ASSIGNMENT. The permit may be assigned to any qualified person, provided assignee files with the City an affidavit accepting all terms and conditions of the permit.

Section 17.76.080 Application Requirements – Temporary Events. Application for temporary events requiring a Park Use Permit and or Coastal Development Permit shall be made to the Department of Community Development on forms provided by the Director of Community Development. The application for a Park Use Permit and or Coastal Development Permit shall be accompanied by:

(A) A complete description of the proposed temporary event, including, but not limited to:

(1) The proposed dates and hours of operation of the proposed temporary event, including set-up and take-down and restoring the site to its preexisting condition;

(2) The estimated or known daily and total attendance at the proposed temporary event, including event organizers, sponsors, participants and spectators. Include materials or procedures used to determine the estimated and or actual attendance figures, such as serialized wrist bands, questionnaires, surveys or records and photographs of prior events;

(3) A parking and traffic control plan and a description of the measures proposed to mitigate the proposed temporary event’s impact on traffic circulation in the area of the event and on the public parking supply in the coastal zone to a level of insignificance;

(4) A description of the impact of amplified sound from the proposed temporary event. The submittal shall include a description of the measures proposed to mitigate the potential impact to a level of insignificance;

(5) A description of all events ancillary to the proposed temporary event, and/or "pre-events" or "post-events";

(6) A description of the location of the proposed temporary event, the amount of sandy beach area to be used, the number of public parking spaces in the coastal zone to be occupied or used, and a description of ingress and egress to the Pier and the adjacent areas;

(7) A description of any other potential negative impacts from the proposed temporary event on residents and businesses and a description of the measures proposed to mitigate the potential negative impacts to a level of insignificance;

(8) A description of any potential impacts from the proposed temporary event on public services and a description of the measures to mitigate these potential impacts to a level of insignificance;

(9) A description of any other potential negative impacts from the proposed temporary event on residents and businesses and a description of the measures proposed to mitigate these potential impacts to a level of insignificance;

(10) A description of any potential impacts from the proposed temporary event on the general public’s ability to access the beach, Pier, bicycle path, public parking, public streets, sidewalks, walkstreets, volleyball courts and or other access support facilities which may be identified in the Land Use Plan and or Local Coastal Program. The submittal shall include a description of the measures proposed to mitigate these potential impacts to a level of insignificance;

 (11) A description of the daily total square footage of temporary commercial advertising proposed and its locations. Temporary commercial advertising shall be minimized.

(12) A vicinity map, site plan and elevations showing the location of the proposed temporary event in relation to the Pier, bicycle path, surf zone, public parking facilities, vertical beach accessways, and recreation facilities. The site plan and elevations shall describe and identify the size, maximum height from sand surface at the mean high tide line and location of all objects proposed to be placed at the site of the proposed temporary event, including, but not limited to: Fences, structures, barriers, bleachers, seating areas, activity areas, tents, booths, canopies, vendors, stages, judging stands, platforms, sets, sound equipment, vehicles, trailers, generators, toilets and temporary commercial advertisements. The site plan shall also indicate whether any existing objects are proposed to be altered or removed from their current location. Generator use shall be minimized.

(13) Address labels supplied by the City for all interested parties, and all property owners, residents, tenants, lessees, and businesses within a 500 foot radius of the parcel on which the event is proposed, or within a 500 foot radius of the maximum extent of the proposed temporary event site, whichever results in a greater area.

(Note: Sub-sections (B) and (C) do not appear in the proposed ordinance)

(D) Evidence that the applicant has posted a notice in a conspicuous location at the site of the proposed event that clearly stated the applicant’s intent to apply for a Park Use Permit and or Coastal Development Permit for a temporary event. The posted notice shall contain a description of sufficient detail of the proposed temporary event, including, but not limited to: Proposed location and activities, dates and times including set-up and tear-down and restoring the site to its preexisting condition, expected or known attendance, and off-site parking and transportation accommodations.

(E) The required application fee.

(F) Any additional information determined by the Director of Community Development to be necessary for the evaluation of the proposed event.

(G) A dated signature by or on behalf of each of the applicant’s, attesting to the truth, completeness, and accuracy of the contents of the application, and if the signer is not the applicant, written evidence that the signer is authorized to act as the applicant’s representative.

(Note: Duplicate sections 17.76.080 are in the proposed ordinance.)

Section 17.76.080 Findings – Temporary Events. All City Council decisions on Park Use Permits and or Coastal Development Permits for temporary events in the coastal zone shall be accompanied by written findings. A Park Use Permit and or Coastal Development Permit for a temporary event shall be approved either as applied for, or as modified, only if all the following applicable findings can be specifically supported:

(A) The staging of this temporary event will not result in more than one thousand (1000) total square feet of commercial advertising on the beach or suspended above the beach by any means, and the applicant and his or her commercial sponsors has agreed in writing, which is on file with the city, to not provide for any aerial (aircraft) banner advertising during the event;

(B) If the event’s primary location is not located on the sandy beach, no temporary commercial advertising is proposed to be located in the LRC-OS zone;

(C) The temporary event, as described in the application and accompanying materials, as modified by any conditions of approval, conforms with this act, the Land Use Plan policies, and or Local Coastal Program;

(D) The temporary event, as described in the application and accompanying materials, as modified by any conditions of approval, is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act of 1976 commencing with Section 30200 of the Public Resources Code and CEQA, and specifically;

(1) The applicant or his or her authorized representative has signed his or her name indicating he or she has been given a copy of this act and that he or she understands and agrees to its terms and conditions, a copy of which is on file with the City;

(2) The event does not physically block or prohibit access to the shoreline, vertical beach accessways, Pier, or bicycle path by the general public or impose conditions on the public for access to the same. A specific requirement for a minimum fifteen (15) foot wide access way to the Pier is included in the Park Use Permit and or Coastal Development Permit as a condition of approval;

(3) The event includes a parking plan which minimizes exclusive use of public parking spaces in the coastal zone by allowing the exclusive use of public parking spaces in the coastal zone for event-dependent vehicles only and requires event/vendor vehicles to preserve the most convenient off-site parking lot spaces for event patrons. A specific description of the parking plan is included in the Park Use Permit and or Coastal Development Permit as a condition of approval;

(4) The temporary event, including all set-up and take-down days and restoring the site to its preexisting condition, does not exceed an eight (8) day period, and set-up and take-down time is minimized;

(5) If the event requires the use of more than 20 public parking spaces in the coastal zone, the parking spaces are replaced at a minimum one-to-one ratio in off-site parking lots open for use by the general public, and adequate free transportation capacity during peak event and beach access hours is provided between the replacement parking spaces and the intersection of Hermosa Avenue and Pier Avenue or other locations as necessary to assure that the off-site parking effectively serves event and public beach access, and off-site parking usage is maximized and measured. A specific description of the replacement parking and transportation program and is included in the Park Use Permit and or Coastal Development Permit as a condition of approval;

(6) If the expected or known attendance of the event equals or exceeds 500 persons between the hours of 9:30 a.m. and 7:00 p.m. on any day, measures to effectively serve beach access are provided, including, but not limited to: Previous Park Use Permit and or Coastal Development Permit requirements, valid lease or licensing agreements for sufficient alternate off-site free parking at a minimum of one space for every three people in excess of 500 persons, a free beach shuttle service, and an interim traffic control plan. Such measures shall be adequately publicized by requiring use of the City’s street banner facilities on Pacific Coast Highway and Pier Avenue and other locations as may be necessary to direct traffic to the off-site parking. If the expected or known attendance of the event and or concurrent events equals or exceeds 1500 persons between the hours of 9:30 a.m. and 7:00 p.m. on any day, the permit also requires use of all other city street banner facilities to direct traffic to the off-site parking, signs, radio and other measures required by this act, the Community Development Director, the City Council or the California Coastal Commission. Events whose monitoring proves to a reasonable certainty that more, or less, off-site parking is required, may be adjusted to more accurately reflect the actual parking requirement. All methods of advertising the event shall specifically state in large block letters no smaller that the largest type used, that there is no spectator parking at the event, and indicates the location of all off-site parking with free handicap-accessible beach shuttle service available to the general public and the headway time. A specific description of the measures to be used are included in the Park Use Permit and or Coastal Development Permit as conditions of approval;

(7) The cumulative effects of the event, in conjunction with other past, concurrent, or future planned temporary events, or other future temporary events that could be reasonably known to occur during the period commencing May 1 and ending through September 30, will not result in any temporary events which require a Park Use Permit and or Coastal Development Permit occurring in the coastal zone on the weekend, spaced less than two (2) weekends between events, or during more than two (2) of the three (3) peak holiday coastal access periods of Memorial Day weekend, the July 4th weekend or weekdays as observed, and the Labor Day weekend through Monday, and will not result in back-to-back weekend temporary events, nor provide for any repeat weekend temporary events during the period, and will not result in any temporary events occurring in the coastal zone on the weekend, spaced less than three (3) weekends between events, during the rest of the calendar year;

(8) The permit requires an applicant signed Final Report on a form provided by the Community Development Department which shall be filed with the Community Development Department no later than thirty (30) calendar days from the conclusion of a temporary event, and shall include, but not be limited to: Documented usage of off-site parking spaces indicating total number of vehicles parked per day and the number expected, total number of shuttles departing the lot(s) per day, shuttle departure times, number of passengers each, and total number of passengers per day; the location, size, quantity and content of professionally produced signs and banners directing the public to the off-site parking lots and for traffic control; number of spectators and participants per day and total for the event; actual total square feet of temporary commercial advertising displayed including photographs of each different temporary commercial advertisement indicating their square footage and quantities of each for each day; traffic conditions in the area of the event, and all other aspects of permit compliance. A specific description of the measures to be used are included in the Park Use Permit and or Coastal Development Permit as conditions of approval;

(9) If the temporary event is expected or known to have 1,500 or more spectators and participants between the hours of 9:30 a.m. and 7:00 p.m. on any day, the applicant additionally provides a valid agreement with a shuttle operator, shuttle routes and operating schedule to provide such a shuttle service during the event as follows: the shuttle service shall run continuously on Saturdays, Sundays and holidays between the hours of 7 a.m. and 7 p.m.; the "headway" time between shuttle service pick-ups shall not be more than fifteen (15) minutes; and the free shuttle service is available and identified as for the general public, handicap and event spectators. Specifically, the shuttle service provides for adequate transportation capacity during combined peak event and beach access hours;

(10) If the temporary event is expected or known to have 1,500 or more spectators and participants between the hours of 9:30 a.m. and 7:00 p.m. on any day, additional measures are required which provide for recycling facilities; a method to determine the actual number of attendees requiring parking in order to attend the event; and provides for a minimum utilization requirement of forty (40) percent of the off-site parking mitigation spaces required during the first event approved pursuant to this act, increasing by an amount to be determined by the City Council but not less than a minimum of ten (10) percent for each event thereafter to a minimum of seventy (70) percent utilization by the completion of the monitoring and mitigation program not including extensions regardless of changes to the minimum off-site parking mitigation spaces required. Radio notices informing the public of alternate parking and transportation will be aired a minimum of one day prior to the weekend event date during commuter hours and once an hour during the event on weekends and or holidays between minimum hours of 9 a.m. to 1 p.m. and shall represent all diverse ethnic and cultural Los Angeles radio markets and shall include Spanish language, youth and news stations. A specific description of the measures to be used are included in the Park Use Permit and or Coastal Development Permit as conditions of approval;

(11) A true, correct and complete copy of all information regarding the current and past events conducted by the applicant within the last two (2) years or two (2) events, which is on file with the City, including, but not limited to: The permanent case files, all Final Reports with all attachments and exhibits has been presented for public review during each hearing;

(12) The Park Use Permit and or Coastal Development Permit requires strict compliance with permit requirements and standard conditions as conditions of approval;

(13) Nothing is proposed to be offered for sale on the sandy beach, with the exception of constitutionally protected materials with specific approval;

(14) If the temporary event is on the beach and its primary function is live amplified music, the city accepts primary responsibility for compliance to permit mitigation conditions. Additionally, amplified sound is measured by a qualified professional independent third party during the monitoring and mitigation period;

(15) If the temporary event is expected or known to have 1,500 or more spectators and participants on any day, notice of an application for a Park Use Permit and or Coastal Development Permit has been published in a local newspaper of general circulation;

(16) Amplified sound equipment is directed opposite the residential and commercial properties;

(17) Notice has been given to all addresses within a 500 foot radius of the parcel on which the event is proposed, or within a 500 foot radius of the maximum extent of the proposed temporary event site, whichever results in a greater area, at least 10 working days prior to the first scheduled public hearing;

(18) The proposed temporary event has been reviewed by the Parks, Recreation and Community Resources Advisory Commission consistent with the procedures set forth in this act at a duly noticed public hearing;

(19) The replacement parking does not include any parking lots that provide long-term beach and public facility parking during the facilities regular business hours, or are included in any preferential parking program;

(20) If the initial monitoring and mitigation period has been completed, all impacts from the applicants prior temporary event have been found, based on the evidence submitted, to have been reduced to a level of insignificance;

(21) The proposed temporary event is not the same or substantially similar event conducted by the applicant within the last three (3) years which failed to mitigate its impacts to a level of insignificance upon completion of the monitoring and mitigation period including extensions, if any;

(22) If tobacco and or alcohol temporary commercial advertising is proposed; it is in the best interest of the general public (Effective January 1, 2002 and thereafter);  (Note:  Complete language from the proposed initiative.)

(D) All feasible mitigation measures and conditions to the Park Use Permit and or Coastal Development Permit have been adopted to reduce any adverse impacts of the proposed event to a level of insignificance.

Section 17.76.090 Acceptance of terms.

(A) The Community Development Director shall receive a copy of the Park Use Permit and or Coastal Development Permit signed by the permittee or his or her authorized representative, agreeing to the terms and conditions of the permit at least thirty (30) calendar days prior to commencement of development.

(B) Failure of the permittee to submit a signed Park Use Permit and or Coastal Development pursuant to Section 17.76.090.A shall cause the permit to automatically become invalid.

Section 17.76.100 City Council action final.

(A) The action of the City in denying an application for a Park Use Permit and or Coastal Development Permit for a temporary event shall be final and conclusive, and may not be appealed to the City.

(B) The action of the City in approving an application for a temporary event Park Use Permit and or Coastal Development Permit or issuing a Notice of Determination for a temporary event in the coastal zone shall be final and conclusive unless, on or before the 10th city hall working day following the decision of the City, an appeal in writing on forms provided by the Director of Community Development is filed with the City and or the Coastal Commission, as applicable, by the applicant.

Section 17.76.110 Appeal – Temporary Events

(A) Development authorized under this act shall be appealable to the City Council and or the Coastal Commission as applicable.

(B) Any person or representative who appeared at a public hearing, or by other appropriate means prior to action on a Park Use Permit and or Coastal Development Permit for a temporary event, informed the City of his or her concerns about an application for such permit, or any person who , for good cause, was unable to do either of the foregoing objects to the action taken on such permit and wishes to appeal such action to the City Council and or Coastal Commission as applicable, is a qualified appellant and may appeal an action of the City Council in approving a Park Use Permit and or Coastal Development Permit for a temporary event to the City Council and or Coastal Commission as applicable.

(C) There shall be no fee associated with an appeal to the City Council of an approved Park Use Permit and or Coastal Development Permit for a temporary event in the coastal zone.

(D) The appeal shall state the grounds on which the appeal is being made. The grounds for appeal must be based on any of the following: The provisions and or policies of this act, the Municipal Code, the Land Use Plan and or Local Coastal Program, or the Coastal Act.

(E) The decision of the City Council on the appeal shall be supported by findings, and shall be set forth in full in a resolution. A copy of the decision shall be sent to the applicant and appellant. The action of the City Council shall be final and conclusive unless appealable to the California Coastal Commission.

Section 17.76.120 Effective Date of Decision.

Development pursuant to an approved Park Use Permit and or Coastal Development Permit shall not commence until the permit becomes effective. Not withstanding any other provision of this act, the permit becomes effective only if all applicable appeal periods expire or, if appealed, until all appeals, including those to the Coastal Commission, if any, have been exhausted.

Section 17.76.130 Applications and case file a part of permanent record.

(A) Applications filed pursuant to this act shall be numbered consecutively in the order of their filing and shall become a part of the permanent official records of the City Council, and there shall be attached thereto and permanently filed therewith copies of all case files, including, but not limited to: Final Reports, correspondences in all forms, exhibits, notices and actions with certificates of affidavits or compliance, posting, mailing or publications pertaining thereto. In addition, all electronic communications shall be saved, printed out and made a part of the permanent files of the case.

(B) A detailed summary prepared by the city clerk or deputy city clerk of all pertinent testimony offered at each public hearing held in connection with an application for a Coastal Development Permit for a temporary event filed pursuant to this act, and the names of persons testifying shall be recorded and made a part of the permanent files of the case.

(C) A copy of all approved applications for a Park Use Permit issued pursuant to this act shall be sent to the Coastal Commission for determination of Coastal Development Permit requirements at lease sixty (60) days in advance, until such time as the City has a certified Local Coastal Program that includes the provisions of this act.

Section 17.76.140 Setting of hearing. All applications for a Park Use Permit and or Coastal Development Permit for a temporary event, shall be set by the clerk of the city council for a duly noticed public hearing when such hearing is to be held before the City Council and or the Parks, Recreation and Community Resources Advisory Commission. The date of the hearing shall be not less than ten working days nor more than forty (40) calendar days from the time of filing of such verified application. Copies of all documentation and information submitted for permit consideration shall be available for public review at a counter in city hall and the public library during regular business hours at least three (3) city hall working days in advance of each public hearing and shall be made available in the packet at the hearing.

Section 17.76.150 Investigations. The City Council shall cause to be made by its own members, or members of its staff, such investigation of facts bearing upon an application or appeal of a Park Use Permit and or Coastal Development Permit set for hearing, including, but not limited to: an analysis of previous temporary events conducted within the last two (2) years or two (2) events by the applicant, as will serve to provide all necessary information to assure action on each case consistent with the purposes of this act.

Section 17.76.160 Violations. It shall be unlawful for any person, entity, corporation, or Local Government Agency to erect, construct, or begin commencement of a temporary event in the coastal zone whose application for a Park Use Permit and or Coastal Development Permit is required pursuant to this act, or cause or permit the same to be done in violation of this act, or to erect, construct, or begin commencement of a temporary event in the coastal zone without a valid Park Use Permit and or Coastal Development Permit. Any such person, entity, corporation, or Local Government Agency shall be guilty of a misdemeanor and upon conviction thereof shall be punishable as set forth in Section 17.76.170.

Section 17.76.170 Violations – Penalties.

(A) Every person, entity, corporation, or Local Government Agency who violates Section 17.76.160 is guilty of a misdemeanor and shall be punishable by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment in the City or County jail for a term not exceeding six (6) months or by both such fine and imprisonment. Each such person, entity, corporation, or Local Government Agency shall be guilty of a separate offense for each and every day during any portion of which any such violation is committed, continued, or permitted by such person and shall be punishable accordingly.

(B) The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

Section 17.76.180 Fines deposited in Coastal Conservation Fund. All revenues received by the City from fines pursuant to this act shall be deposited into the Coastal Conservation Fund established by this act.

Section 17.76.190 Temporary event revenue deposited in Coastal Conservation Fund. All revenue received by the City from temporary events in the coastal zone, including, but not limited to: Park use fees, filming fees, exclusive use parking fees and other sources of revenue derived directly from said events shall be deposited directly into the Coastal Conservation Fund only.

SECTION 4. Initiative Integrity.

(A) This act shall be broadly construed and applied in order to fully promote its underlying purposes, and to be consistent with the United States Constitution, the Constitution of the State of California and the California Coastal Act. If any provision of this initiative conflicts directly or indirectly with any other provisions of law of the City of Hermosa Beach, or if any ordinance which is adopted concurrently with this ordinance which receives less votes and is in direct or indirect conflict with any provisions herein, it is the intent of the voters that those other provisions are repealed to the extent of the inconsistency and such inconsistencies shall be of no force and effect.

(B) All ordinances, agreements, resolutions, and policies of the City of Hermosa Beach and the provisions and policies of the City of Hermosa Beach Municipal Code, Land Use Plan, Land Use Element of the General Plan, and the official zoning map which is in direct or indirect conflict with the intent and provisions herein are repealed to the extent of the inconsistency.

(C) No provisions of this act or part thereof may be modified, amended, or repealed without a vote of the electorate, except as provided herein, and by the California Coastal Commission in order to comply with the minimum requirements of the California Coastal Act for consideration of a Local Coastal Program proposed by the City of Hermosa Beach.

(D) If any provision of this act or part thereof, or section, paragraph, sentence, clause, word or phrase of this act is, for any reason, held to be invalid, ineffective, unenforceable, or unconstitutional by any final court action in a court of competent jurisdiction, or by the California Coastal Commission, or by reason of any preemptive State of California or Federal legislation, the remaining provisions, sections, paragraphs, sentences, clauses, words or phrases hereby adopted shall remain in full force and effect; it being expressly declared that this act and its provisions, and each section, paragraph, sentence, clause, word and phrase hereof, would have been prepared, proposed, adopted, approved and ratified irrespective of the fact that any one or more provisions, or sections, paragraphs, sentences, clauses, words or phrases be declared invalid, ineffective, unenforceable, or unconstitutional.

(E) It is the will of the People of The City of Hermosa Beach that any legal challenges to the validity of any provision of this act be acted upon by the courts upon an expedited basis.

(Note:  SECTIONS 5, 6, and 7 are missing from the proposed ordinance.)

SECTION 8. The Planning staff and Planning Commission is hereby authorized and directed to make any and all nonsubstantitive modifications consistent with the intent and provisions herein which are necessary to codify this act into existing City of Hermosa Beach Municipal Codes. Any other changes shall be limited to: Reformatting and revising chapter and section numbers and amending references to other Municipal Code sections to the extent of the inconsistency. The Planning staff and Planning Commission shall expedite compliance.

SECTION 9. The City Council of The City of Hermosa Beach shall expedite approval of a Local Coastal Program which includes the provisions of this act without modification, and seek Coastal Commission approval and certification and take all further actions necessary to expedite implementation and enforcement of the provisions and intent of this act.

SECTION 10. This initiative measure is to be adopted by the City Council of Hermosa Beach or be submitted to the voters at the next succeeding municipal election or at a special election as provided for by law.

SECTION 11. This act shall take effect the day after the election, or in the manner prescribed by law.

SECTION 12. The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published in the manner prescribed by law.

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