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Planning commission grants convex‑lot determination at 333 26th Street, overturning director
Summary
After debate over a new staff approach to convex‑lot analysis, the commission granted an appeal and found the lot at 333 26th Street meets the city's convex‑lot definition, effectively allowing the applicant to measure building height using the convex profile rather than an interpolated corner line.
The Hermosa Beach Planning Commission voted on March 17 to grant an appeal and overturn the community development director’s denial of a convex‑lot determination for 333 26th Street, allowing the applicant to use the lot’s convex topography to determine building height.
Staff explained the code history (a 1994 ordinance establishing convex‑lot procedures) and presented the applicant’s survey with two‑foot interval spot elevations and a geotechnical report containing seven borings. Staff said the lot contains an apex and a segment with about a 16% slope but concluded that a proposed basement excavation (part of the applicant’s design) would remove the convexity; staff also described a new guidance of approximately 10% slope to help determine when a lot may be convex.
Appellant representatives and the owner argued the lot is a "dome‑shaped" convex lot and presented the two‑foot interval survey and soils testing showing limited fill at the crown; they also criticized staff for applying a new determination method to an application filed months earlier without giving the public a written, citywide standard. Owner David Toomey said the project was developed in collaboration with staff throughout the pre‑application process and asked the commission to follow historical practice.
Commissioners debated precedent and fairness: some said staff’s updated approach might improve consistency going forward but agreed it would be unfair to apply a new standard retroactively to an application already in process. After discussing equity for neighboring properties and the effect of grading, the commission voted to grant the appeal and allow the convex‑lot determination for 333 26th Street.
Next steps: The applicant may proceed using the convex‑lot grade determination when calculating maximum allowable height, subject to building‑plan review and any other permit conditions.
