Hawthorne, CA Zoning Ordinance

Hawthorne City Zoning Code

CHAPTER 17

25 REGIONAL COMMERCIAL CLASSIFICATION

§ 17.25.010 Purpose.

The principal purpose and objective of this classification and its application is to provide for freeway-related commercial development for land uses requiring regional accessibility and visibility.

(Ord. 1513 § 2, 1991; Ord. 1683 § 1, 2000)

§ 17.25.020 Permitted uses.

In the Regional Commercial classification, the following uses only are permitted and as hereinafter specifically provided and allowed by this chapter, subject to the vehicular parking and loading requirements and the general provisions, conditions and exceptions set forth in Chapters 17.06 through 17.12 and 17.38 through 17.62:

•	Antique shops;
•	Automobile parking structures;
•	Automobile parts sales and accessory service (subject to issuance of a conditional use permit, not including repair);
•	Automobile service stations (subject to issuance of a conditional use permit);
•	Bakeries;
•	Banks, lending institutions, and other full-service financial institutions;
•	Bookstores;
•	Boxing gym;
•	Brewery, low intensity (subject to limitations described in Section 17.75.010);
•	Cannabis businesses, subject to all of the provisions of Chapter 17.90;
•	Car washes, full service, hand, mechanical, self-service (subject to issuance of a conditional use permit);
•	Car washes, steam;
•	Consignment shops;
•	Day care facilities (subject to limitation described in Section 17.25.030(P));
•	Department stores;
•	Drugstores;
•	Dry cleaning and pressing, not including self-serve laundries or laundromats or establishments with cleaning plants on premises;
•	Family entertainment center (subject to a conditional use permit);
•	Food markets and grocery stores;
•	Health clubs;
•	Hotels and motels having more than one hundred rooms, including suites, but without kitchen facilities, subject to issuance of a conditional use permit. A market feasibility study prepared by a city-approved consultant shall be submitted with the conditional use permit application;
•	Martial arts studio;
•	Movie theaters;
•	Offices, including medical, professional and general;
•	Personal cosmetic services;
•	Recycling facility (subject to issuance of a conditional use permit and Section 17.25.030(N));
•	Restaurants (with or without cocktail bars, and with or without outdoor dining areas), cafeterias, drive-thru (subject to issuance of a conditional use permit);
•	Schools, elementary, junior high and high schools (public or nonprofit private), all such uses subject to issuance of a conditional use permit;
•	Short-term rentals in legal non-conforming structures, subject to Chapter 17.74, except that vacation rentals shall not be permitted;
•	Solar panels for electric power generation, water heating, space heating or space cooling as an accessory use to structures or uses on the same property and subject to the special limitations described in Section 17.25.030(M);
•	Studio;
•	Thrift shops, subject to special limitations described in Section 17.25.030(O);
•	Trade school, commercial;
•	Vehicle autobroker, subject to special regulations described in Section 17.25.030 if a display area is required;
•	Vehicle leasing or rental agencies, subject to issuance of a conditional use permit and special regulations described in Section 17.25.030;
•	Vehicle sales (new or used), subject to issuance of a conditional use permit and special regulations described in Section 17.25.030;
•	Wireless telecommunication facilities (subject to issuance of a conditional use permit);
•	Other similar retail and service establishments catering directly to the customer when interpreted to meet performance standards as set forth in Chapter 17.10 and not specified as prohibited in Section 17.25.025.

(Ord. 2004 § 6, 2011; Ord. 2025 § 5, 2012; Ord. 2033 § 5, 2013; Ord. 2034 § 5, 2013; Ord. 2032 § 6, 2013; Ord. 2062 §§ 4, 5, 2014; Ord. 2066 § 8, 2014; Ord. 2068 § 11, 2014; Ord. 2089 § 4, 2015; Ord. 2099 § 4, 2015; Ord. 2124 § 4, 2016; Ord. 2127 § 7, 2016; Ord. 2198 § 6, 2020; Ord. 2237 § 4, 2023)

§ 17.25.025 Prohibited uses.

In the Regional Commercial classification, uses that are not expressly listed in Section 17.25.020 or expressly permitted in the Regional Commercial classification by other sections of the Hawthorne Municipal Code are prohibited from the Regional Commercial classification. For purposes of the clarification, and not for purposes of allowing any other uses, the following uses are also expressly prohibited from the Regional Commercial classification:

•	Amusement arcades;
•	Automobile repair—minor or major;
•	Bail bonding services;
•	Check cashing services;
•	Cyber-cafés;
•	Dry cleaning and pressing establishments with cleaning plants on premises;
•	Laundromats;
•	Massage establishments;
•	Self-storage facilities;
•	Smog check only;
•	Thrift shops not operated by charitable organizations, as defined in Chapter 17.04.

(Ord. 2004 § 8, 2011; Ord. 2005 § 5, 2011; Ord. 2032 § 7, 2013; Ord. 2099 § 5, 2015; Ord. 2106 § 7, 2016; Ord. 2125 § 4, 2016; Ord. 2127 § 8, 2016; Ord. 2147 § 4, 2017; Ord. 2148 § 6, 2017; Ord. 2237 § 5, 2023)

§ 17.25.030 Limitations on permitted uses.

Any permissible use, unless otherwise stated, shall be subject to the following conditions:

Merchandise for sale shall not be stored or displayed in aisles, entrances, outdoor alcoves, on sidewalks or any place normally reserved for pedestrian or customer right-of-way for ingress or egress. All uses shall be conducted wholly within an enclosed building except such uses as:

Automobile service stations;

Parking areas and loading areas;

Swimming pools and jacuzzis;

Food courts and restaurant patio dining facilities; provided, however, the buildings, structures and equipment and parking and loading shall be situated on the premises as shown on the approved plan;

Outdoor dining facilities with a valid outdoor dining permit, and, if applicable, a valid outdoor dining encroachment permit.

All products made incident to a permitted use which are manufactured, processed or treated on the premises shall be sold on the premises and at retail only.

Any repairing conducted on the premises shall be incidental only, and limited to custom repairing of the types of merchandise sold on the premises at retail. The floor area devoted to such repairing shall not exceed twenty percent of the total floor area occupied by the particular enterprise, except that this limitation shall not apply to shoe repairing, ski and other sports equipment repairing, eyeglass, camera, video, television and radio repair.

The sale of used or secondhand goods shall be limited to the incidental sale of such goods as accessory to a retail use unless expressly permitted by this title.

Storage shall be limited to accessory storage of commodities sold at retail on the premises or used in connection with uses permitted on the premises.

No commercial building, structure or sign(s) greater than two stories in height on a site may be located closer than fifteen feet to any boundary line which is a common property line with R-classified or R-use property.

A conditional use permit pursuant to Chapter 17.76 shall be required for businesses where alcoholic beverages are sold or served for consumption on or off premises except for full service restaurants with a minimum seating capacity of one hundred; hotels (all suites and others) and motels, with over one hundred rooms.

All mechanical and electrical equipment including utility meters shall be enclosed, including roof mounted, and shall be architecturally integrated into the building or structure. Solar photovoltaic or heating panels are exempt from this requirement.

All commercial office or retail uses with a floor area ratio of 1.0 or greater or a building height greater than two stories shall require a conditional use permit.

Canopies are not permitted except in conjunction with outdoor seating areas, provided approval is obtained for encroachments into setbacks, the public right-of-way or parking facilities.

Containers for storage or shipping are not permitted.

New and/or Used Vehicle Sales, Rental and Leasing.

A vehicle sales, rental or leasing facility shall have a minimum lot size of twenty-five thousand square feet.

Service and repair facilities shall be operated only as an accessory use. Such areas devoted to service and repair shall be visually screened from the public right-of-way.

The property, including all vehicles offered for sale, rent or lease shall be kept clean on a daily basis.

All signs shall comply with Chapter 17.35 of this code.

No vehicles offered for sale shall be parked or stored on the public thoroughfares or in required customer, employee, or handicap parking spaces at any time.

All lights shall be reflected away from adjacent uses.

Landscape plans shall be reviewed and approved by the planning commission and shall include, but not be limited to, the following requirements:

A minimum six-foot landscape setback area shall be provided along all front and side property lines which abut sidewalks or streets. The setback area must be surrounded by a concrete curb, which is at least six inches in width and height. Landscaping within the setback area shall be designed as follows:

All landscaping and irrigation shall comply with Chapter 17.89, Water Efficient Landscaping, of this title.

ii.

The required landscape areas shall contain a variety of planting materials such as a combination of shrubs, flowers, and grasses. Utilizing only sod for landscaping shall not be permitted. Sod may be incorporated among land-scaping but shall not exceed the lesser of twenty-five percent of the total area or as dictated by the water efficient land-scape and irrigation calculations detailed in Chapter 17.89, Water Efficient Landscaping.

iii.

All required landscape areas shall be permanently irrigated with an irrigation system as detailed in Chapter 17.89, Water Efficient Landscaping, of this title.

iv.

Landscaped areas shall be well maintained and free of litter. Any unhealthy plants needing replacement shall be replaced with like plants. Any deviation from the approved landscape design shall require a new landscape plan and approval of the director of planning.

In order to prevent any encroachment onto the required landscaping, wheel stops or parking bollards shall be required. Alternate preventative measures may be considered.

Limitations on solar panels:

When mounted on sloped roofs, the uppermost portion of each solar panel shall not exceed the highest point of the roof to which it is mounted, except as required to optimize the system performance (for example, to accommodate tilt angle).

When mounted on flat roofs and all non-roof structures, the lowest portion of the panels shall not be more than three feet above the surface to which it is mounted. The uppermost portion of each solar panel shall not exceed the height required to optimize the system performance (for example, to accommodate tilt angle).

Roof-mounted and other panels mounted at least ten feet above the ground, measured to the lowest point of each panel, are subject to the setbacks of the applicable zone.

Solar panels mounted lower than ten feet above the ground, measured to the lowest point of each panel, shall be subject to the setbacks of the applicable zone and shall have an additional three feet of setback for each foot below ten feet.

Placement of solar panels are subject to approval of the fire department to ensure access and proper markings to protect the health and safety of fire personnel and the general public.

Recycling facilities:

Shall be permitted only by conditional use permit;

Shall contain not more than one type of collection facility as described in this code, which shall be located on the site in such a manner as not to obstruct pedestrian, automobile or truck circulation;

Shall not occupy parking spaces required by the primary commercial use;

Shall be designated on a site plan to be submitted and approved in accordance with this subsection;

Shall not occupy any portion of a front setback or any setback which abuts an existing public right-of-way or residential property;

Shall be landscaped to the satisfaction of the planning director;

Shall be constructed with durable waterproof and rustproof material and shall be maintained at all times in a clean, litter-free condition;

Shall observe the hours of operation of typical commercial uses;

Shall be clearly marked to identify the type of material to be deposited, the operating instructions, and the identity and telephone number of a responsible person to call if the facility is inoperative;

10.

The signage on any reverse vending machine shall not exceed four square feet, exclusive of the operating instructions;

11.

Shall be adequately illuminated to ensure public safety;

12.

Shall provide for storage of all recyclable materials within the facility at all times;

13.

Shall not operate at noise levels in excess of sixty dBA as measured at the property line of any adjacent residentially zoned property;

14.

Graffiti shall be removed within twenty-four hours of its discovery;

15.

Shall be subject to an administrative fine to be collected by the department of code enforcement for any violation of the provisions of this subparagraph;

16.

Violation of, or noncompliance with, any of the guidelines shall constitute grounds for revocation of the CUP. If a revocation hearing is necessary, the applicant will pay for the cost of the hearing. Failure to pay for the cost of the hearing shall be grounds for revoking the CUP;

17.

No recycling center or facility shall permit loitering, camping, public begging, consumption of alcoholic beverages, use of illegal narcotics, or any other criminal activity at any time;

18.

If the proposed facility is proposed outside of a state approved convenience zone, or is in addition to an existing convenience zone recycling facility, the applicant shall justify appropriateness of location;

19.

The recycling facility shall be clearly marked with the name and telephone number of the facility operator and the hours of operation and notice that no material is to be left outside the enclosure;

20.

The recycling facility shall be located and designed to be aesthetically compatible with the host use and with surrounding uses; and

21.

A security plan shall be submitted to the chief of police or designee for approval prior to approval from the planning commission.

Limitations on thrift shops:

Establishments must be operated by a charitable organization, as defined in Chapter 17.04.

No thrift store shall be located within five thousand feet of another thrift store.

All donations must be dropped off, sorted, and processed within an enclosed building and supervised by a designated employee overseeing the acceptance of goods.

A second access area for collection of donations is required and must be separate from the primary entrance to the establishment.

Signage must be posted which prohibits drop-offs outside of the building during non-business hours.

Establishments shall utilize marketing and merchandise display techniques generally comparable to those used by retail stores selling only new merchandise.

Interior layout and design plans illustrating fixture types and locations and window display areas, shall be submitted to the planning department for review and approval.

The operator shall maintain the premises (interior and exterior) in a clean and orderly manner at all times.

Limitations on day care facilities:

The planning director will ensure adequate on-site parking for day care staff is provided.

A minimum of one ADA compliant van accessible parking stall must be provided. Alternatively, a loading area for pick-up and drop-off of care recipients may be considered by the planning director provided adequate staff parking is maintained.

(Ord. 1513 § 2, 1991; Ord. 1530 § 3, 1992; Ord. 1553 § 2, 1993; Ord. 1683 §§ 4, 5, 2000; Ord. 1743 § 4, 2002; Ord. 1933 § 7, 2008; Ord. 1936 § 7, 2008; Ord. 1985 § 9, 2011; Ord. 2025 § 6, 2012; Ord. 2032 § 8, 2013; Ord. 2062 §§ 6—8, 2014; Ord. 2068 § 12, 2014; Ord. 2089 § 5, 2015; Ord. 2140 § 6, 2017)

§ 17.25.040 Height.

In a Regional Commercial zone, no maximum height is imposed for all permitted uses.

(Ord. 1513 § 2, 1991; Ord. 1683 § 6, 2000; Ord. 2127 § 9, 2016)

§ 17.25.050 Development standards.

Safety in buildings and neighborhoods is important to residents and visitors alike. Therefore the city of Hawthorne requires the following guidelines to be adhered to. The guidelines are grouped under three concepts: natural surveillance, access control, and design reinforcement. Prior to commencement of construction on any property within the Regional Commercial zone, the following standards shall be incorporated into the project.

(Ord. 1513 § 2, 1991; Ord. 1683 § 7, 2000; Ord. 2024 § 6, 2012; Ord. 2127 § 10, 2016)

§ 17.25.070 Special noise standards.

Radios, Television Sets and Similar Devices.

Use Restricted. It is unlawful for any person within the Regional Commercial zone to use or operate any radio receiving set, musical instrument, phonograph, television set or other machine or device for the producing, reproducing of sound, between the hours of ten p.m. of one day and seven a.m. of the following day, in such a manner as to disturb the peace, quiet and comfort of neighboring residents or any reasonable person of normal sensitivity residing in the area.

Prima Facie Violation. Any noise exceeding the ambient noise level at the property line of any property, or in the case of a condominium, within an adjoining condominium unit, by more than five decibels shall be deemed a prima facie evidence of a violation of the provisions of this section.

Machinery, Equipment, Fans and Air Conditioning.

Use Restricted. It is unlawful for any person to operate any machinery, equipment, pump, fan, air conditioning apparatus or similar mechanical device in any manner so as to create any noise which would cause the noise level at the property line of any property to exceed the ambient noise level by more than five decibels. This section shall not apply to the performance of emergency work.

Ambient Noise Base Level.

For purposes of this section, the ambient noise level shall not in any event be more than the following levels at the respective times and zones, irrespective of the ambient noise level actually measured:

Zone	Time	Decibels
Property zoned Regional Commercial and all property abutting such property zoned Regional Commercial	10:00 p.m. to 7:00 a.m.	50 dBA
Property zoned Regional Commercial and all property abutting such property zoned Regional Commercial	7:00 a.m. to 10:00 p.m.	60 dBA
Property zoned Regional Commercial and all property abutting such property zoned Regional Commercial	Anytime	65 dBA

If the ambient noise level actually measured exceeds the above levels at the times and within the zones specified above, then the noise level actually measured shall be used as the "ambient noise level" purposes of this application of this subsection.

Decibel Measurement Criteria.

Any decibel measurement made pursuant to the provisions of this section shall be based on a reference sound pressure of 0.0002 microbars as measured in any octave band with center frequency, in cycles per second, as follows: 63, 125, 250, 500, 1,000, 2,000, 4,000 and 8,000, or as measured with a sound level meter using the "A" weighing network, using the slow meter response.

Measurements shall be taken with the microphone located at any point on the property line, but no closer than three feet from any wall and not less than three feet above the ground.

A minimum of three readings shall be taken at two-minute intervals. The sound level shall be the average of these readings.

(Ord. 1513 § 2, 1991; Ord. 2127 § 11, 2016)

§ 17.25.100 Landscaping.

The required front yard, required street side yard of corner lots, required street side yard of reverse corner lots, and required rear yard on through lots of all residentially zoned properties and residentially used properties in all other zoning classifications shall be landscaped, exclusive of permitted driveways and walkways. Landscaping, as used herein, shall include hardscape and amenities, in addition to plantings, as permitted by this section. Such landscaped areas shall not count as part of the recreational open space required in Section 17.20.090.

A detailed landscaping plan in compliance with Chapter 17.89, Water Efficient Landscaping, and Section 17.20.090 shall be submitted for approval to the planning director at the time plans are submitted for plan check. Planting areas, excluding curbs, mow strips, and other encroachments, shall be permanently maintained with landscaping materials per the approved landscaping plan.

Not more than the lesser of forty percent of planting areas or as dictated by the water efficient landscape and irrigation calculations detailed in Chapter 17.89, Water Efficient Landscaping, of this title may be planted in lawn grass. Common active recreational open space required in Section 17.20.090 shall be exempt from this requirement.

Landscaping shall be used to enhance site security wherever possible and shall not be installed in a way that decreases surveillance options or provides opportunities for hiding.

Plantings within five feet of walkways shall be limited to three feet in height and shall not be dense and view obscuring.

Tree canopies shall be trimmed to not less than six feet above the ground.

Small rocks or garden elements are discouraged as they can be used to break windows or as weapons.

Pea gravel or thorny plants are encouraged below first floor windows.

Hardscape and amenities shall be encouraged. Seat walls shall be provided wherever walkways abut planters with trees. Patios and permeable paved surfaces may be counted as landscaping provided that they do not exceed forty percent of the total common open space provided.

On-site surface parking areas shall be landscaped as follows:

Finger planters with a minimum width of five feet shall be placed at intervals of eight parking spaces and at end caps. Each finger planter and end cap shall have one canopy tree planted near the center of the planter;

Trees which drop a profusion of blossoms, sap, seed pods, needles or small leaves are discouraged. Trees with invasive roots are strongly discouraged;

Trees shall have a minimum caliper of four inches at time of planting;

The first one foot of a planter edge adjacent to a parking space may be paved with decorative pavers and should not be irrigated;

The remaining portion of each planter shall be planted with durable groundcovers or low shrubs. Mulch may be used in lieu of plants around the base of trees.

(Ord. 2023 § 8, 2012; Ord. 2140 § 7, 2017)

§ 17.25.110 Outdoor dining.

Outdoor dining, as an accessory to a permitted restaurant, café, or other establishment that offers food or drinks for on-site consumption, shall require approval of an outdoor dining permit pursuant to Chapter 17.06. The planning director may condition the approval to limit the location, size, arrangement and hours of operation, as well as other aspects to ensure compatibility and the public welfare. Outdoor dining in the public rights-of-way shall also be subject to an encroachment permit pursuant to Title 12 of this code.

(Ord. 2068 § 13, 2014)