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Hermosa Beach City Zoning Code

CHAPTER 17

40 Conditional Use Permit and Other Permit Standards

17.40.010 General intent and purpose.

The lists of conditions found within this chapter for various uses are intended to be standard conditions imposed on all such proposed uses as specified. These conditions are not intended to be the only conditions imposed, and each specific use noted may have additional conditions imposed by the decision-making body.

Any additional conditions may be based on criteria found within this article for all uses requiring a conditional use permit and/or factors related to the specific use and location. (Prior code Appx. A, § 10-1)

(Ord. # 23-1471 §27, adopted 11/14/2023, effective 08/05/2024)

Effective on: 8/5/2024

[Repealed] 17.40.020 General criteria for all uses.

(Ord. # 23-1471 §28, adopted 11/14/2023, effective 08/05/2024)

Effective on: 8/5/2024

17.40.030 Coin operated, self-service car wash.

The following minimum conditions and standards, in addition to any other deemed necessary or appropriate to ensure compatibility with existing or future permitted uses in the vicinity, may be required:

  1. A.
    The maximum operating hours shall be between six a.m. and ten p.m. only.
  2. B.
    All car wash structures and sites shall be maintained in a neat and orderly condition. Daily sweeping and cleanup shall be required. Annual repainting shall be required for all structures other than those having a baked enamel finish, and more frequent painting shall be required when necessary to maintain a clean and neat appearance.
  3. C.
    All car wash sites shall be supervised a minimum of four hours during each day of operation, and shall be securely closed to vehicular access during those hours when operation is prohibited.
  4. D.
    Distance of any equipment including vacuum cleaners shall be a minimum of fifty (50) feet from adjacent residence.
  5. E.
    A minimum of six-foot masonry wall shall be provided along the perimeter of the property abutting other private properties. (Prior code Appx. A, § 10-3)

Effective on: 1/1/1901

17.40.040 Service stations (gasoline sales).

The following uses and activities, and minimum conditions and standards, in addition to any other deemed appropriate or necessary to ensure compatibility with existing or future permitted use in the vicinity, may be allowed and/or required;

  1. A.
    Normal service station sales and service, including minor repairs and the installation of accessories, where such operations may normally be completed within one hour;
  2. B.
    Lubrication, general repair and maintenance, and auto washing by hand; provided, that such operations are conducted within a building enclosed on at least three sides and in such a manner as not to produce an objectionable odor, undue amount of noise, or unsightly appearance, and so as not to constitute a nuisance to adjacent residential or commercial uses;
  3. C.
    Trailer rental; provided, that trailers: (i) are stored at least twenty (20) feet from any street line; (ii) are stored at least twenty (20) feet from any property line unless separated from the adjoining by a six-foot masonry wall; (iii) are stored in a location not required for off-street automobile parking; (iv) do not exceed a total often rental trailers; and (v) are limited to units which do not exceed four feet by twelve (12) feet in body size;
  4. D.
    Body and fender work and automobile painting are prohibited;
  5. E.
    Repair of trucks is limited to trucks one and one-half tons or less in size;
  6. F.
    A service station abutting property zoned for residential uses shall be separated therefrom by a concrete block wall six feet in height, excepting that the wall shall be forty-two (42) inches in height for a distance equal to the required front yard setback in the residential zone. (Prior code Appx. A, § 10-4)

Effective on: 1/1/1901

17.40.050 Adult businesses.

  • A.
    In lieu of the findings required by Section 17.40.020, the Planning Commission shall approve an application for a conditional use permit for an adult business where evidence presented substantiates all of the following findings.
    1. 1.
      The exterior walls of the proposed establishment are located more than two hundred (200) feet from the exterior boundaries of any lot or parcel of residentially zoned property, any property used for a church, temple or other place used exclusively for religious worship, or any playground, park with recreational facilities or school.
    2. 2.
      The exterior walls of the proposed establishment are located more than one thousand (1000) feet from the exterior boundaries of any lot or parcel of land upon which any other such adult business establishment is located.
    3. 3.
      For adult businesses that will operate more than four (4) film or video viewing machines or booths, the proposed establishment is capable of providing one off-street parking space for every such machine or booth in excess of the four machines or booths.
  • B.
    In addition to any other applicable standards set forth in the Zoning Ordinance, an adult business must meet the following design and performance standards:
    1. 1.
      All building openings, entries and windows shall be designed or screened so that the contents may not be seen from the public sidewalk or equivalent public areas accessible to minors.
    2. 2.
      The number of film or video viewing machines or booths shall not exceed one machine per one hundred (100) square feet of floor area.
    3. 3.
      Notwithstanding the parking requirements in Chapter 17.44 of this Code, an adult business that operates more than four (4) film or video viewing machines or booths must maintain a minimum of one off-street parking space for every such machine or booth in excess of the four machines or booths.
    4. 4.
      The public interior areas shall be fully and brightly lighted and arranged so that all indoor areas of the business within which patrons are permitted, except restrooms, shall be open to view by management at all times and so that the entire body of any patron is visible by management at all times.
    5. 5.
      There shall be no doors or other similar closable screens on video or film viewing booths. No viewing machine or booth may be occupied by more than one person at any one time. The walls or partitions between viewing machines or booths shall be maintained in good repair at all times and shall not contain holes between any two machines or booths as would allow either:
      1. a.
        Viewing from one machine or booth into another; or
      2. b.
        Physical contact of any kind between the occupants of any two rooms.
    6. 6.
      Trash dumpsters shall be enclosed by a screening enclosure and locked at all times so as not to be accessible to the public.
    7. 7.
      Landscaping shall not exceed thirty (30) inches in height, except trees with foliage not less than six feet above ground.
    8. 8.
      All off-street parking areas and premises entries of the adult business shall be illuminated from sunset to closing hours of operating with a lighting system which provides an average maintained horizontal illumination of one footcandle of light on parking surfaces and walkways. The lighting shall be shown on plans submitted pursuant to the application for the adult business.
    9. 9.
      The business shall maintain a security system that visually monitors and records all off-street parking surfaces serving the business. The records shall be maintained for a minimum of thirty (30) days and shall be made available to the Police Chief.
    10. 10.
      Every establishment shall have clearly visible signs at all entrances stating "Adults Only- No Minors Allowed," or equivalent wording.
    11. 11.
      The business shall not display on the outside of the building any obscene or offensive signs containing statements, words, or pictures of an obscene or indecent character which appeal to the prurient interest in sex, or which are patently offensive and do not have serious literary, artistic, political, or scientific value.
    12. 12.
      The business shall employ a person on the premises to act as manager at all times during which the business is open. (Ord. 08-1291 §3, 3/11/2008; Ord. 95-1130 § 5, 1995: prior code Appx. A, § 10-5)

    • Effective on: 1/1/1901

    17.40.060 For future use.

    Effective on: 1/1/1901

    17.40.070 Adult newsrack.

    The following conditions shall be imposed on all adult newsracks, and when such conditions are met, the planning commission shall issue a conditional use permit.

    1. A.
      All adult newsracks shall be located one thousand (1,000) feet from the closest boundary line of any real property on which is located any one of the following:
      1. 1.
        A school primarily attended by minors;
      2. 2.
        A church which conducts religious education classes for minors;
      3. 3.
        A public park, public beach or public recreation facility.
    2. B.
      An adult newsrack shall not be located within five hundred (500) feet of any other adult newsrack or any adult bookstore.
    3. C.
      Each adult newsrack shall have the cover painted or be opaque.
    4. D.
      Each adult newsrack shall have permanently affixed thereto the name, address and telephone number of the owner in a place where such information may easily be read.
    5. E.
      Each adult newsrack which in whole or in part rests upon, in or over any public sidewalk or parkway, shall be subject to all standards set forth in Sections 12.32.010 through 12.32.030.

      Each adult newsrack shall be maintained in a clean and neat condition and in good repair at all times. (Prior code Appx. A, § 10-6)

    Effective on: 1/1/1901

    17.40.080 On sale alcohol beverage establishment.

  • A.
    General Provisions. The following minimum conditions and standards, in addition to any other deemed necessary or appropriate to ensure compatibility with existing or future permitted uses in the vicinity, may be required:
    1. 1.
      The establishment shall not adversely affect the welfare of the residents, and/or commercial establishments nearby.
    2. 2.
      The business shall prevent loitering, unruliness and boisterous activities of the patrons outside the business or in the immediate area.
    3. 3.
      The Police Chief may determine that a continuing police problem exists and may, subject to appeal to the Planning Commission, direct the presence of a police approved doorman and/or security personnel to eliminate the problem. An appeal to the Planning Commission shall be heard within sixty (60) days of filing the appeal. The Police Chief’s determination will not be stayed during the pendency of the appeal. If the problem persists, the Police Chief then shall submit a report to the Planning Commission, which will automatically initiate a review of the conditional use permit.
    4. 4.
      The exterior of the premises shall be maintained in a neat and clean manner, and maintained free of graffiti at all times.
    5. 5.
      Any changes to the interior or exterior layout which alter the primary function of the business shall be subject to review and approval by the Planning Commission.
  • B.
    Late-night alcohol beverage establishments. The following shall also apply to "late-night alcohol beverage establishments." Late-night alcohol beverage establishments means on-sale establishments that have been granted a conditional use permit that allows the establishment to operate after 11:00 p.m., including restaurants, establishments that serve or allow alcoholic beverages as the primary use (e.g., bars), and establishments that provide live entertainment.
    1. 1.
      Objective. The objective of this Subsection B is to reduce the potential for adverse impacts associated with late-night alcohol beverage establishments through the following means:
      1. a.
        To limit the total number of late-night alcohol beverage establishments that operate in the City, and to prevent an increase in the cumulative number of hours that these establishments operate after 11:00 p.m.
      2. b.
        To prevent the expansion and intensification of late-night alcohol beverage establishments through increases in an establishment’s assigned occupant load as a result of increases to square footage or floor plan alterations.
      3. c.
        To prevent changes to floor plans, operating rights, type of alcoholic beverages served (beer and wine versus full alcohol service), or other factors that may result in adverse impacts.
      4. d.
        To encourage the voluntary reduction in permitted operating hours in exchange for other operational incentives, provided that the incentives do not exacerbate the adverse impacts sought to be reduced.
      5. e.
        To limit new late-night alcohol beverage establishments and encourage a diverse commercial sector in the City with a full-range of services for both residents and visitors that is compatible with the surrounding area.
    2. 2.
      Criteria. The following additional criteria shall be considered for any conditional use permit (new or amended) for a late-night alcohol beverage establishment:
      1. a.
        Whether the total number of late-night alcohol beverage establishments will exceed the City’s limit on such establishments. The limit shall be set by City Council Resolution and may, upon recommendation by the Planning Commission or its own motion, be amended by the City Council from time to time.
      2. b.
        Whether the use will intensify through increases in the assigned occupant load from owner/operator-initiated construction and/or remodeling that expand the square footage or alter the floor plan. Assigned occupant load is calculated by the City under the relevant provisions of the Building Code.
      3. c.
        Whether proposed modifications to floor plans, conditions of approval, type of alcoholic beverages served (beer and wine versus full alcohol service), or other factors may increase adverse impacts.
      4. d.
        Whether the type, quantity, or geographic location of the establishment will create an over-abundance of similar establishments in a particular area of the City such that it will reduce the diversity of businesses operating in the immediate area.
      5. e.
        Notwithstanding the criteria in (a) through (d), whether exceptional opportunities exist to achieve other Community Development goals that will benefit the community, such as redevelopment of an underutilized parcel or older building; to promote or catalyze economic activity (e.g., new large or mixed use development); or to recognize the unique attributes of a new business.
    3. 3.
      Incentives. Holders of conditional use permits that request incentives in exchange for the voluntary reduction in permitted operating hours are eligible for incentives as follows.
      1. a.
        The planning commission, or city council on appeal, may grant one or more incentives in exchange for the voluntary reduction in permitted operating hours through an amendment to the conditional use permit. Incentives may include benefits such as:
        1. i.
          Modified operating rights (e.g., live entertainment, space for dance floors, changes from beer and wine service to general alcohol, etc.);
        2. ii.
          Modifications to conditions in the use permit;
        3. iii.
          Deviations from any required minimum food-to-alcohol ratio; or
        4. iv.
          Deviations from other standards in the code. Deviations from parking requirements or parking-related fees shall not be granted.
      2. b.
        In granting incentives, the planning commission, or city council on appeal, shall find that the incentive does not exacerbate the adverse impacts sought to be reduced by the reduction in hours, and may impose conditions to ensure that the incentives granted will be implemented consistent with the objectives of this subsection.
      3. c.
        City processing fees associated with such negotiations (e.g., conditional use permit amendment) may be rebated and/or reduced at the discretion of the city council.
  • C.
    Restaurants with On-Sale Alcoholic Beverages. Any "restaurant" as that term is defined in Section 17.04.050 that sells, serves or allows on-sale alcohol beverages shall comply with the following:
    1. 1.
      If open after 11:00 p.m., the restaurant shall make available to customers and serve prepared food items of their choice until sixty (60) minutes prior to the close of business.
    2. 2.
      The restaurant shall maintain sales reports showing the actual items sold and price charged and invoices for all food, nonalcoholic beverages and alcohol beverages sold for the prior twelve (12) months. Should the planning commission or city council initiate a CUP modification or revocation proceeding under Section 17.70.010, the commission, or the council, may at its discretion require the subject business to provide (a) a statement of the percentage of gross sales, computed monthly, that resulted from the sale of prepared food for not longer than the prior twelve (12) months; and (b) the supporting data upon which the percentage is based. The planning commission, or city council, may also require an audit of the records of the business by a certified public accountant to determine the gross sales of food and alcohol or a forensic audit by a qualified auditor selected by the city of the information and data systems by which the information is produced. The results of these audits may be used to determine whether the grounds for modification or revocation exist. When considering revocation or modification under Section 17.70.010(H), a restaurant that sells or provides on-sale alcoholic beverages will be presumed to be operating as a restaurant if the monthly food to alcohol sale ratios are consistent with the ratios in Section 17.70.010(H). (Ord. 15-1350 §2, 2015; Ord. 12-1337 §1, 2012; Ord. 95-1130 § 7 (part), 1995: prior code Appx. A, §10-7)

    • Effective on: 1/1/1901

    17.40.090 Off-sale alcohol beverage establishment open between the hours of 11:01 p.m. and 2:00 a.m.

  • A.
    Any new off-sale alcohol beverage establishments open between the hours of 11:01 p.m. and 2:00 a.m. the next day shall be a minimum of one hundred (100) feet from any residential use and/or zone.
  • B.
    The following minimum conditions and standards, in addition to any other deemed necessary or appropriate to ensure compatibility with existing or future permitted use in the vicinity, may be required:
    1. 1.
      The establishment shall not adversely effect the welfare of the residents, and/or commercial establishments nearby.
    2. 2.
      The business shall prevent loitering and littering on the premises at all times.
    3. 3.
      Clearly visible signs prohibiting loitering, littering, on the premises and limiting the parking period to two (2) hours shall be posted in conspicuous locations.
    4. 4.
      The exterior of the premises shall be maintained in a neat and clean manner, and maintained free of graffiti, at all times.
    5. 5.
      Any changes to the interior layout which would alter the primary function of the business shall be subject to review and approval by the planning commission. (Ord. 95-1130 §7 (part), 1995: Ord. 94-1118 §2, 1994; prior code Appx. A, §10-8)

    • Effective on: 1/1/1901

    17.40.100 Large day care homes.

  • A.
    Number of Children. Large day care homes are permitted as an accessory use to a single-family detached dwelling if a day care permit is approved pursuant to this section. Such day care homes provide care for seven (7) to twelve (12) children, but may also provide care for up to fourteen (14) children if all of the following conditions are met:
    1. 1.
      At least two (2) of the children are at least six (6) years of age.
    2. 2.
      No more than three (3) infants are cared for during any time when more than twelve (12) children are cared for.
    3. 3.
      The licensee notifies each parent that the facility is caring for two (2) additional school age children and that there may be up to thirteen (13) or fourteen (14) children in the home at one time.
    4. 4.
      The licensee obtains the written consent of the property owner when the day care home is operated on property that is leased or rented.
  • B.
    Requirements for Large Day Care Homes. Large day care homes shall conform to the following requirements:
    1. 1.
      All facilities shall comply with this section and with any additional requirements imposed as part of the day care permit or of any other applicable permit.
    2. 2.
      All facilities shall comply with the development standards of the residential district in which they are located.
    3. 3.
      Parking shall be provided in accordance with the applicable requirements of the primary residential us of the property.
    4. 4.
      Restrictions to ensure compliance with city noise regulations (Municipal Code Chapter 8.24) may be placed on the operation of the day care home, including but not limited to the time and location of outdoor activities.
  • C.
    Findings for approval of large day care homes. Large day care homes shall be permitted by the director of community development. The director shall approve the day care permit if the following findings are met:
    1. 1.
      The requirements set out in subsection (B) of this section have been satisfied.
    2. 2.
      Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity in terms of traffic, parking, noise, or other impacts.
  • D.
    Procedures for review of day care permits. Day care permits shall be reviewed in accordance with the following procedures:
    1. 1.
      Application for a day care permit shall be made to the director of community development on forms provided by the director and shall include such information as may be reasonably required by the director for a complete understanding of the day care home proposal. Application shall indicate that the applicant is in possession of a state license for a prerequisite for applying to the city.
    2. 2.
      The application shall include a listing of the name and address of all owners shown on the last equalized assessment roll as owing real property within a one hundred (100) foot radius of the exterior boundaries of the proposed large day care home property. Notification of the proposal shall be mailed to such owners not less than ten (10) days prior to the date on which review of the application is scheduled.
    3. 3.
      No hearing on the application for a permit issued pursuant to this section shall be held unless a hearing is requested by the applicant or other affected person. If a hearing is requested, the director shall conduct the hearing.
    4. 4.
      The director shall take action on the application in accordance with the provisions of subsection (C) of this section. Within ten (10) calendar days of the decision, the applicant or other affected person may appeal the decision to the planning commission. The appellant shall pay the cost of the appeal, as set by the city. Appeals shall be made in writing on forms provided by the director. The filing of an appeal shall suspend the director’s decision until resolution of the appeal by the planning commission. In hearing the appeal, the planning commission shall conduct a duly advertised public hearing, public notice of which shall be given at least ten (10) calendar days prior to said hearing. After considering the appeal, the planning commission may confirm, reverse, or modify the decision of the director. The planning commission’s decision shall be final unless appealed to the city council.
  • E.
    No Change of Occupancy. Use of a single-family dwelling for a day care home shall not constitute a change of occupancy under the State Housing Law or city building and fire codes.
  • F.
    No Environmental Review. In accordance with in Section 1597.46 of the California Health and Safety Code, the establishment and operation of large day care homes shall not be subject to the provisions of the California Environmental Quality Act (Division 13 of the Public Resources Code). (Ord. 03-1231 §4, 2003)

    • Effective on: 1/1/1901

    17.40.110 Day nursery, preschools and after school child care with thirteen (13) or more children.

    The following minimum conditions and standards, in addition to any other deemed necessary or appropriate to ensure compatibility with existing or future permitted uses in the vicinity, may be required:

    1. A.
      A minimum of one (1) parking space for every seven (7) children.
    2. B.
      In residential zones, only property adjacent to commercially zoned property or property developed with a church or school facility shall be considered for a day nursery, preschool, or child care facility with thirteen (13) or more children.
    3. C.
      Adequate space for loading and unloading children shall be available or shall be provided on the site.
    4. D.
      Residential use of a day nursery, preschool, or child care facility with thirteen (13) or more children shall be prohibited.
    5. E.
      All day care centers shall comply with state statutes and shall be licensed by the state. (Prior code Appx. A, § 10-9)

    Effective on: 1/1/1901

    17.40.120 Reverse vending machine(s).

    Reverse vending machine(s), single feed, may be installed without a conditional use permit when the following criteria and standard are met; any variation to such standards or criteria shall require a conditional use permit. Violation of the standards and criteria shall be deemed a misdemeanor offense, and grounds for removal of the use as determined by the planning commission.

    1. A.
      Established in conjunction with a commercial use or community service facility which is in compliance with the zoning, building and fire codes of the city;
    2. B.
      Located within thirty (30) feet of the entrance to the commercial structure and shall not obstruct pedestrian or vehicular circulation;
    3. C.
      Parking spaces required by the primary use are not occupied;
    4. D.
      No more than fifty (50) square feet of floor space per installation, including any protective enclosure, and shall be no more than eight feet in height;
    5. E.
      Constructed of durable waterproof and rustproof material;
    6. F.
      Clearly marked to identify the type material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative;
    7. G.
      Sign area of a maximum of four square feet per machine, exclusive of operating instructions;
    8. H.
      The facility shall be clearly marked with signage that lists the appropriate emergency telephone number of county health department for persons to contact in case of an immediate threat to public health and safety caused by debris or any other health hazards;
    9. I.
      Maintained in a clean, litter-free condition on a daily basis;
    10. J.
      Operating hours shall be at least the operating hours of the host use;
    11. K.
      Illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn;
    12. L.
      An annual business license shall be obtained. (Prior code Appx. A, § 10-10)

    Effective on: 1/1/1901

    17.40.130 Recycling–Small collection facilities.

    The following minimum conditions and standards which apply to the siting of a collection facility, in addition to any other deemed necessary or appropriate to ensure compatibility with existing or future permitted uses in the vicinity, may be required:

    1. A.
      Established in conjunction with an existing commercial use or community service facility which is in compliance with the zoning, building and fire codes of the city;
    2. B.
      No larger than five hundred (500) square feet;
    3. C.
      Set back at least ten feet from any street line and shall not obstruct pedestrian or vehicular circulation;
    4. D.
      Accept only glass, metals, plastic containers, papers and other items as deemed acceptable by the planning commission;
    5. E.
      No power-driven processing equipment except for reverse vending machines;
    6. F.
      Containers constructed and maintained with durable waterproof and rustproof material, covered when site is not attended, secured from unauthorized entry or removal of material, and of a capacity sufficient to accommodate materials collected in conjunction with the collection schedule;
    7. G.
      Store all recyclable material in containers or in the mobile unit vehicle, and no materials outside of containers when attendant is not present;
    8. H.
      Maintained free of litter and any other undesirable materials, and mobile facilities, when truck or containers are removed at the end of each collection day, shall be swept at the end of each collection day;
    9. I.
      Maximum noise levels of sixty (60) dBA as measured at the property line of residentially zoned or occupied property; a maximum of seventy (70) dBA in all other cases;
    10. J.
      Attended facilities located within one hundred (100) feet of a property zoned or occupied for residential use shall operate only during the hours between nine a.m. and seven-thirty p.m.;
    11. K.
      Containers for the twenty-four (24) hour donation of materials shall be at least one hundred (100) feet from any property occupied for residential use unless there is a recognized service corridor and acoustical shielding between the container and the residential use;
    12. L.
      Containers shall be clearly marked to identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and display a notice stating that no material shall be left outside the recycling enclosure of containers:

      The facility shall be clearly marked with signage that lists the appropriate emergency telephone number of the county health department for persons to contact in case of an immediate threat to public health and safety caused by debris and/or any other health hazards;

    13. M.
      Signs may be established as follows:
    14. N.
      Recycling facilities may have identification signs with a maximum of twenty (20) percent per side or sixteen (16) square feet, whichever is larger, in addition to informational signs required in condition (12); in the case of a wheeled facility, the side will be measured from the pavement to the top of the container;
    15. O.
      The facility shall not encroach into any landscaping;
    16. P.
      Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present;
    17. Q.
      Occupation of parking spaces by the facility and the attendant may not reduce available parking spaces below the minimum number required for the primary host use;
    18. R.
      If the permit expires without renewal, the collection facility shall be removed from the site on the day following permit expiration. (Prior code Appx. A, § 10-11)

    Effective on: 1/1/1901

    17.40.140 Recycling–Large collection facilities.

    The following minimum conditions and standards which apply to the siting of a collection facility, in addition to any other deemed necessary or appropriate to ensure compatibility with existing or future permitted uses in the vicinity, may be required:

    1. A.
      Facility does not abut a property zoned or planned for residential use;
    2. B.
      Facility will be screened from the public right-of-way by operating in an enclosed building or:
      1. 1.
        Within an area enclosed by an opaque block wall at least six feet in height with landscaping,
      2. 2.
        At least one hundred fifty (150) feet from the property zoned or planned for residential use, and
      3. 3.
        Meets all applicable noise standards;
    1. C.
      Setbacks and landscape requirements shall be reviewed and approved by the planning commission;
    2. D.
      All exterior storage of material shall be in sturdy containers which are covered, secured and maintained in good condition; storage containers for flammable material shall be constructed of nonflammable material; oil storage must be in containers approved by the fire department; no storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing;
    3. E.
      Site shall be maintained free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis;
    4. F.
      A minimum of six vehicle parking spaces, or one space per one thousand (1,000) square feet of land area, whichever is greater, shall be provided;
    5. G.
      One parking space will be provided for each commercial vehicle operated by the recycling facility;
    6. H.
      Noise levels shall not exceed sixty (60) dBA as measured at the property line of residentially zoned property, or otherwise shall not exceed seventy (70) dBA;
    7. I.
      If the facility is located within five hundred (500) feet of property zoned, planned or occupied for residential use, it shall not be in operation between seven p.m. and seven a.m.;
    8. J.
      Any containers provided for after-hours donation of recyclable materials will be at least one hundred (100) feet from any property zoned or occupied for residential use, shall be of sturdy, rustproof construction, shall have sufficient capacity to accommodate materials collected, and shall be secure from unauthorized entry or removal of materials;
    9. K.
      Donation areas will be kept free of litter and any other undesirable material, and containers will be clearly marked to identify the type of material that may be deposited; facility shall display a notice stating that no material shall be left outside the recycling containers;
    10. L.
      Facility will be clearly marked with the name and phone number of the facility operator and the hours of operation; identification and informational signs will meet the standards of the zone; and directional signs, bearing no advertising message, may be installed, if necessary, to facilitate traffic circulation or if the facility is not visible from the public right-of-way:

      The facility shall be clearly marked with signage that lists the appropriate emergency telephone number of county health department for persons to contact in case of an immediate threat to public health and safety caused by debris or any other health hazards;

    1. M.
      Power-driven processing, including aluminum foil and can compacting, baling, plastic shredding, or other light processing activities necessary for efficient temporary storage and shipment of material, may be approved if noise and other conditions are met. (Prior code Appx. A, § 10-12)

    Effective on: 1/1/1901

    17.40.150 Youth hostel.

    The following conditions and standards of operation, in addition to any other deemed necessary or appropriate to ensure compatibility with existing or permitted uses in the vicinity, shall be required:

    1. A.
      All prospective lodgers shall provide a passport or international student identification and membership in an international hostel association as a condition to lodging. Lodging by minors shall not be permitted if it would violate provision of State or Local laws.
    2. B.
      The accommodations are only to be rented or hired out to any individual for a maximum duration of seven consecutive (7) days. There shall be a minimum of 21 days between stays for repeat visitors.
    3. C.
      Building occupancy limits established by the Hermosa Beach Municipal Code shall not be exceeded.
    4. D.
      Management shall provide daily linen and cleaning service.
    5. E.
      Management shall ensure that a live-in manager is on duty at all times.
    6. F.
      Management shall adopt, inform lodgers of, and strictly enforce rules of conduct of its guests to ensure their operation is not detrimental to the health, safety, peace or welfare of the neighborhood. All operation rules of and for the hostel shall be conspicuously displayed at locations throughout the premises and shall be printed in multiple languages to accommodate foreign travelers. These rules shall include, without limitation, the following:
      1. 1.
        Specific check-in, check-out, day time lock-out (for cleaning purposes) and a nighttime curfew times shall be specified, subject to the approval of the Planning Commission and enforced by the management.
      2. 2.
        No controlled substances or alcohol are permitted on the premises.
      3. 3.
        No pets are permitted (except guide dogs for the disabled).
      4. 4.
        No amplified music is allowed in any sleeping area.
    7. G.
      The hostel shall maintain affiliation with Hostelling International-American Youth Hostels (HI-AYA) or other international hostel association and otherwise promote the premises as a hostel catering to international travelers.
    8. H.
      The hostel shall include a common area (i.e. a lounge or day room), which may include a kitchen or cooking facilities, for daytime use of the lodgers. (Ord. 96-1157 S3, 1996)

    Effective on: 1/1/1901

    17.40.160 Massage establishment.

    The following conditions and standards of operation, in addition to any other deemed necessary or appropriate to ensure compatibility with existing or permitted uses in the vicinity, shall be required:

    1. A.
      A licensed Massage Therapist, pursuant to Chapter 5.74 of the Hermosa Beach Municipal Code, shall be on the premises at all times when the business is open. The business may employ technicians or aides only if supervised by a licensed Massage Therapist.
    2. B.
      Management shall adopt, inform patrons and employees of, and strictly enforce all requirements of the Conditional Use Permit and all regulations as set forth in Chapter 5.74.
    3. C.
      Hours of operation shall be limited to between 7:00 A.M. and 10:00 P.M. or other hours as established by the Planning Commission if deemed necessary because of proximity to residential uses. (Ord. 97-1174 § 3; 09-12-97)

    (Ord. # 21-1441 §4,5, adopted 12/14/2021, effective 01/13/2022) 

    Effective on: 1/13/2022

    17.40.170 Wireless communications facilities.

    The following minimum conditions and standards which apply to the siting of a wireless communications facility, in addition to any other deemed necessary or appropriate to ensure compatibility with existing or future uses in the vicinity, may be required:

    1. A.
      Application Requirements.
      1. 1.
        Each application shall contain a brief narrative accompanied by written documentation that explains and validates the applicant’s efforts to locate the facility in accordance with the Screening and Site Selection Guidelines set forth in this Section.
      2. 2.
        Each application shall contain a narrative that discloses the exact location and nature of any and all existing facilities that are owned (including publicly owned structures), operated or used by the applicant and located within five (5) miles from the geographic borders of the City of Hermosa Beach.
      3. 3.
        Each application shall contain a narrative and scaled map(s) that precisely disclose the geographic area(s) within the City of Hermosa Beach that are proposed to be serviced by the proposed facility, the geographic area(s) bordering the City of Hermosa Beach, if any, that will be serviced by the proposed facility, the nature of the service to be provided or purpose of the facility, the reasons, if any, why the applicant cannot locate the facility outside the City of Hermosa Beach, and the efforts, if any, that applicant has made to locate the facility outside the City of Hermosa Beach.
      4. 4.
        Notwithstanding any permit that may be granted in accordance with this Section, the facility shall be erected, located, operated and maintained at all times in compliance with this Section and all applicable laws, regulations and requirements of the Building Code, and every other code and regulation imposed or enforced by the City of Hermosa Beach, the State of California, and the United States Federal Government. Applicants are separately required to obtain all applicable building and construction permits that may be required prior to erecting or installing the facility.
      5. 5.
        Each wireless communications carrier applicant shall provide a letter to the director of community development stating willingness to allow other carriers to co-locate on their facilities wherever feasible or a written explanation why the subject facility is not a candidate for co-location.
      6. 6.
        An RF Environmental Evaluation Report must be prepared by the applicant indicating that the proposed wireless communications facility meets FCC regulations and standards for construction, maintenance and operations. Ten days after installation and every two years thereafter, the telecommunications service provider must submit a certification report, attested to by a licensed engineer expert in the field of RF emissions, that the facility is compliant with the applicable FCC regulations for RF emissions.
      7. 7.
        Approval of the project is subject to the Planning Commission making a finding that the proposed site results in fewer or less severe environmental impacts than any feasible alternative site. The City may require independent verification of this analysis at the applicant’s expense. The intention of the alternatives analysis is to present alternative strategies which would minimize the number or size and adverse environmental impacts of facilities necessary to provide the needed services to the City and surrounding areas.
    2. B.
      Design and Development Standards.
      1. 1.
        The facility shall not bear any signs or advertising devices other than certification, public safety, warning, or other required seals or required signage.
      2. 2.
        Any and all accessory equipment, or other equipment associated with the operation of the facility, including but not limited to transmission cables, shall be located within a building, enclosure, or underground vault in a manner that complies with the development standards of the zoning district in which such equipment is located. In addition, if equipment is located above ground, it shall be visually compatible with the surrounding buildings and either (1) shrouded by sufficient landscaping to screen the equipment from view, or (2) designed to match the architecture of adjacent buildings. If no recent and/or reasonable architectural theme is present, the Planning Commission may require a particular design that is deemed by the Commission to be suitable to the subject location.
      3. 3.
        The facility exterior shall be comprised of non-reflective material(s) and painted or camouflaged to blend with surrounding materials and colors.
      4. 4.
        Any screening used in connection with a wall mounted and/or roof mounted facility shall be compatible with the architecture, color, texture and materials of the building or other structure to which it is mounted.
      5. 5.
        The facility shall be placed to the centermost location of the roof top to screen it from view from the street and adjacent properties.
      6. 6.
        The facility shall not be permitted on residentially zoned property.
      7. 7.
        The facility shall not include the use or installation of a monopole.
    3. C.
      Setback Requirements.

      The facility shall be considered an accessory structure. If the facility is located within two hundred (200) feet of a residential use, then the facility shall comply with the setback requirements for such zone. In all other instances, the extent of compliance with the setback requirements for the zone in which the facility is located shall be considered, in accordance with the following guidelines, by the City in connection with its processing of any facility permit.

    4. D.
      Screening and Site Selection Guidelines.

      In addition to the above requirements the following guidelines shall be considered by the City in connection with its processing of any facility permit:

      1. 1.
        The extent to which the proposed facility blends into the surrounding environment or is architecturally integrated into a concealing structure, taking into consideration alternate sites that are available.
      2. 2.
        The extent to which the proposed facility is screened or camouflaged by existing or proposed new topography, vegetation, buildings, or other structures.
      3. 3.
        The total size of the proposed facility, particularly in relation to surrounding and supporting structures.
      4. 4.
        The availability of suitable alternative locations for the facility.
      5. 5.
        Preference shall be given to facilities located on publicly owned structures, co-location and shared sites.
      6. 6.
        Preference shall be given to sites which are not located along primary street frontage, front yard areas or adjacent to residential uses.
      7. 7.
        Whenever possible, wireless communication facilities should be located on existing buildings, existing poles, or other existing support structures.
    5. E.
      Lease of public property.
      1. 1.
        Any lease of City property for the purpose of erecting a wireless communication facility shall require a negotiated lease agreement or other written license granted by the City. The existence of a lease agreement or license shall not relieve the applicant of any obligations to obtain appropriate permits as required by this section.
      2. 2.
        The City Council, by resolution following a public hearing, may approve a list of sites located on existing City property or within the public rights-of-way which are approved for major facilities. Each site shall include a description of permissible development and design characteristics, including but not limited to maximum height requirements. The City shall make such resolution available to all persons upon request. The approved list of locations may be subsequently amended by the City Council by resolution from time to time.
      3. 3.
        All proposed facilities to be located on a City property site which are pre-approved in accordance with the requirements of this section following an effective date of the ordinance codified in this section may be approved subject to a Conditional Use Permit and any additional or different requirements made applicable by this section.

        All leases of any City property that are pre-approved in accordance with the requirements of this section shall be nonexclusive. The operator of a facility located on such public property shall make the supporting structure of the facility available to any other provider wishing to co-locate to the extent technically feasible. (Ord. 01-1214 §4 part, 05/08/01)

    Effective on: 1/1/1901

    17.40.180 Mixed-use development.

    For uses allowed in the C-1 Zone and for Housing Element Sites Inventory Sites (--HE) as part of a mixed-use development, the following conditions and standards of development, in addition to any other deemed necessary or appropriate to ensure compatibility with existing or permitted uses in the vicinity, shall be required:

    1. A.
      Mixed-Use Developments shall be subject to a Precise Development Plan in accordance with Chapter 17.58.
    2. B.
      Residential Development Standards. The residential portion of a mixed-use development shall be subject to the following development standards:
      1. 1.
        Residential uses must occupy at least 50 percent of the floor area.
      2. 2.
        If the residential portion of a mixed-use development is a condominium development, then the development shall be subject to the condominium development standards as set forth in Chapter 17.22.
      3. 3.
        Rear and Side Yard setbacks shall be subject to Chapter 17.16.
      4. 4.
        Building design guidelines shall be subject to Chapter 17.42.260.
      5. 5.
        Building height shall be regulated by underlying zoning district the site is located.
      6. 6.
        The placement of buildings shall conform to the standards set forth in Chapter 17.16.050.
      7. 7.
        Any expansion of a structure that existed prior to 12/14/2023, to implement a mixed-use configuration, is subject to the standards of the underlying zone, and Chapter 17.52, relating to nonconforming structures.
      8. 8.
        Applicability of other standards. All other standards shall be governed by the site's underlying zoning district and the City zoning ordinance.
    3. C.
      Commercial Development Standards. In addition to the requirements of the commercial zone, the following standards shall apply to the mixed-use development.
      1. 1.
        Ground floor commercial spaces shall have a minimum average depth of 30-feet.
      2. 2.
        Building frontage shall be used for commercial purposes with the exception of entry-exit corridors and stairs for accessing the residential units, and/or for driveways to access parking.
    4. D.
      General Development Standards.
      1. 1.
        Noise: Residential uses shall be separate from commercial uses by sound proofed floors and walls with minimum sound transmission rating as required for condominiums as set forth in Chapter 17.22. Commercial uses hours of operations shall be limited where appropriate so that residents are not exposed to offensive noise or activity.
      2. 2.
        Security: Entrances for residences shall be separate from non-residential uses and be independently accessible to pedestrian and parking areas.
      3. 3.
        Lighting: Outdoor lighting and lighting for signs associated with commercial uses designed so as not to adversely impact residences. No flashing, blinking or high intensity lighting. Adequate lighting to illuminate parking areas and corridors to access parking and public sidewalk. Lighting for signs may only be illuminated during business hours.
    5. E.
      Signs. Signs shall be limited to the commercial space frontage pursuant to the requirements of Chapter 17.50.
    6. F.
      Allowed Commercial Uses. Permitted commercial uses within a mixed-use development shall be as permitted in the underlying commercial zone with the following exceptions which shall not be permitted:
      1. 1.
        Late-night restaurants and bars;
      2. 2.
        Laundry and dry-cleaning businesses;
      3. 3.
        Parking lots and/or structures.
    7. G.
      Limitations on hours of operation. The hours of operation for any commercial use shall be limited to 8:00 a.m. to 10:00 p.m.
    8. H.
      Parking and Transportation Storage
      1. 1.
        Vehicle parking shall be in accordance with Chapter 17.44.
        1. a.
          Reduced vehicle parking may be planned in accordance with Section 17.44.210 Parking Plans. Application fees for Parking Plans that accompany a development for affordable housing may be waived; all other application fees apply.
      2. 2.
        Bicycle Parking Standards.
        1. a.
          Spaces Required.
          1. 1.
            Residential Uses. A minimum of one bicycle parking space shall be provided for every five units for Residential, Group Residential, and Single Room Occupancy.
          2. 2.
            Other Uses. Any establishment with 25 or more full time equivalent employees shall provide bicycle parking at a minimum ratio of one space per 25 vehicle spaces.
        2. b.
          Location. Bicycle parking must be located on the same lot as the use it serves. In parking garages, long-term bicycle parking must be located near an entrance to the facility.
        3. c.
          Security. Long-term bicycle parking must be in:
          1. 1.
            An enclosed bicycle locker; or
          2. 2.
            A fenced, covered, locked or guarded bicycle storage area; or
          3. 3.
            A rack or stand inside a building that is within view of an attendant or security guard or visible from employee work areas or within secure/restricted bicycle storage room; or
          4. 4.
            Other secure area approved by the Director.
        4. d.
          Size and Accessibility.
          1. 1.
            Each bicycle parking space shall accommodate a variety of bicycle types, but generally be a minimum of two feet in width and size feet in length.
          2. 2.
            Bicycles shall be accessible without moving another bicycle.
          3. 3.
            Access to a bicycle parking area shall not be through vehicle parking spaces.
        5. e.
          Bicycle Parking Reductions and Modifications. A modification for a reduction in the number of required bicycle parking spaces or to other standards of this Section may be granted pursuant to Section 17.44.210, Parking Plans, if the review authority finds that:
          1. 1.
            Adequate site space is not available on an existing development to provide bicycle parking; or
          2. 2.
            Reduced bicycle parking is justified by reasonably anticipated demand; or
          3. 3.
            Other criteria based on unusual or specific circumstances of the particular case as deemed appropriate by the review authority.
    9. I.
      Owner shall disclose separately and in writing upon sale or rental of the subject property that it is a mixed use development and permits commercial and residential uses.

    (Ord. # 23-1471 §29, adopted 11/14/2023, effective 08/05/2024; Ord. # 24-1481 §1.5, adopted 07/23/2024, effective 08/22/2024) 

    Effective on: 8/22/2024

    17.40.190 Educational institutions (C-3 zone).

    In the C-3 zone, the following minimum conditions and standards, in addition to any other deemed necessary or appropriate to ensure compatibility with existing or future permitted uses in the vicinity, shall be required:

    1. A.
      Educational institutions, grades K-12, shall not be located on the ground floor of any parcel with frontage on Pacific Coast Highway, Sepulveda Boulevard, Aviation Boulevard, Artesia Boulevard or Pier Avenue.
    2. B.
      A minimum of one parking space for every seven (7) children, subject to modification by the planning commission to reflect parking demand of the specific facility.
    3. C.
      Adequate space for loading and unloading children shall be available or shall be provided on the site.

    Effective on: 1/1/1901

    17.40.200 Small wind energy systems.

  • A.
    Purpose. Small wind energy systems shall be constructed and installed in conformance with the requirements of this section in order to promote the use of small wind energy systems in accordance with state law while protecting the public health and safety.
  • B.
    Applicability. Small wind energy systems shall be regulated as accessory structures as defined in this title, and are allowed in all zones subject to approval of a conditional use permit pursuant to Chapter 17.40.
  • C.
    Definitions. As used in this chapter:

    • 17.40.210 Microbrewery.

    The following procedures, conditions and standards, in addition to any other deemed necessary or appropriate to ensure compatibility with existing or future permitted uses in the vicinity, shall be required:

    1. A.
      Limitations on Use.
      1. 1.
        The microbrewery shall produce less than 4,000 barrels of beer per year and be limited to the manufacturing and wholesaling of beer produced on the premises.
      2. 2.
        Incidental administrative offices accessory to the on-premises microbrewery use may be allowed.
      3. 3.
        Incidental outdoor uses accessory and integral to the on-premises manufacturing activity may be allowed.
      4. 4.
        Retail sales of any type, on-premises sale/consumption of beer or food, or beer tasting events are prohibited.
    2. B.
      Application Submittal. The following shall be submitted with the conditional use permit application, in addition to all other requirements:
      1. 1.
        A waste management, minimization, and recycling plan for all aspects of the operation, addressing solid, liquid and organic by-product wastes. The plan shall also demonstrate:
        1. a.
          Full containment and timely disposal of organic by-products.
        2. b.
          Sanitary sewer connection adequate for the use.
        3. c.
          Design and management to reduce organic load in wastewater.
        4. d.
          Water conserving processes to reduce wastewater discharge.
        5. e.
          Trash, recycling and storage facilities compliant with Chapter 8.12 and adequate for the use, roofed and fully protected from the elements.
      2. 2.
        A water conservation and efficiency plan for all aspects of the operation, including water-efficient equipment and processes such as recirculating, recycling and recovery systems.
      3. 3.
        A risk minimization plan mitigating risks to human and environmental health associated with all aspects of the operation.
      4. 4.
        An assessment of measures to reduce greenhouse gas emissions in the areas of materials, wastes, water, energy, and transportation.
    3. C.
      Standards.
      1. 1.
        The facility shall utilize an enclosed recovery system to collect and condense brewing vapors or equivalent odor control measures.
      2. 2.
        The facility shall utilize dust control systems to alleviate particulates associated with raw materials and operations.
      3. 3.
        The use shall comply with all other standards of the M-1 zone. The planning commission may impose more restrictive conditions on any proposed microbrewery as necessary to protect the public health or safety.
      4. 4.
        All permits required by law shall be obtained and maintained in compliance.

    Effective on: 1/1/1901

    [Repealed] 17.40.220 Emergency shelters.

    (Ord. # 23-1471 §30, adopted 11/14/2023, effective 08/05/2024)

    Effective on: 8/5/2024

    [Repealed] 17.40.230 Short-term vacation rentals.

    (Ord. # 21-1440 §5, adopted 12/14/2021, effective 01/13/2022; Ord. # 23-1468 §5, adopted 09/26/2023, effective 10/26/2023) 

    Effective on: 10/26/2023

    17.40.240 Timeshare Uses.

    (Ord. # 22-1453 §3, adopted 10/11/2022, effective 11/10/2022)

    1. A.
      Purpose and Findings.

      There is a critical shortage of permanent, long-term housing in the City of Hermosa Beach (“City”). A limited supply of suitable vacant land, land values, and market demand for land for other uses, have limited the construction of additional housing in the City.

      The City is a popular tourist destination known for its scenic beachfront location, its many diverse restaurants, local retailers and popular commercial areas like its Downtown area and Pier Avenue. Maintaining the balance between the quality of life for residents and those who work in the City and the visitors who help to sustain the City’s tourist economy is key to maintaining a sustainable community and a stable economy.

      Timeshare uses are not an appropriate land use in the City’s residential zones due to the multiple occupancy of timeshare properties, the short-term, tourist oriented use of such property and commercial management of timeshare facilities, all of which create increased traffic generation, excessive noise, disruption to residential communities through commercial-level maintenance of the timeshare facilities, and therefore are appropriately confined to commercial zones.

      Conversion of permanent housing to timeshare facilities removes existing housing units from the City’s existing stock and exacerbates an already severe housing shortage. It is therefore in the public interest to prohibit conversions of existing housing units into timeshare facilities, as to do so eliminates needed housing stock by diverting those units to a tourist-oriented, commercial use.

    2. B.
      Definitions. For purposes of this Section, the following words and phrases shall have the meaning respectively ascribed to them by this Section:

    Ancillary equipment

    Ancillary equipment means any accessory part or device of a small wind energy system that does not require direct access to wind flows, such as batteries, controls, electric meters or AC/DC converters, excluding the turbine, tower, nacelle and tail vane.

    Effective on: 1/1/1901

    Guy wires

    Guy wires means wires or cables stabilizing and securing the SWES to the ground or structure upon which it is mounted

    Effective on: 1/1/1901

    Height

    Height means the vertical distance of the SWES, including the blades extended in a vertical position, measured in accordance with Section 17.04.040.

    Effective on: 1/1/1901

    Height, tower

    Height, tower means the height of the fixed portion of the tower, excluding the wind turbine, measured in accordance with Section 17.04.040.

    Effective on: 1/1/1901

    Nacelle

    Nacelle means housing for all of the generating components, such as the gearbox and drive train, in a propeller-type wind turbine.

    Effective on: 1/1/1901

    Off-grid system

    Off-grid system means a SWES that is not connected to the public utility grid.

    Effective on: 1/1/1901

    On-grid system

    On-grid system means a SWES that is connected to the public utility grid, where power excess to the customer’s demand flows to the utility grid.

    Effective on: 1/1/1901

    Silhouette

    Silhouette means a temporary structure approximating the building envelope of a proposed SWES, typically using colored flags marking the location, height and bulk of the proposed system when the system is in motion.

    Effective on: 1/1/1901

    Site

    Site means one (1) or more contiguous lots or parcels under the same ownership or management, regardless whether separated by alleys, streets or roads.

    Effective on: 1/1/1901

    Small wind energy system (SWES)

    Small wind energy system (SWES) means a wind energy system, consisting of a wind turbine, tower and ancillary equipment, that will be used primarily to reduce consumption of utility power on the site. The SWES must be approved under a state program or any other small wind system certification program recognized by the American Wind Energy Association or its equivalent.

    Effective on: 1/1/1901

    Tail vane

    Tail vane means the guiding or stabilizing fin, usually mounted on the nacelle, used to turn the blades into the wind stream.

    Effective on: 1/1/1901

    Tower

    Tower means the vertical component of a SWES that elevates the attached nacelle, tail vane and turbine above the ground.

    Effective on: 1/1/1901

    Turbine

    Turbine means the rotor, blades, cage or other component of a SWES that captures the wind’s energy.

    Effective on: 1/1/1901

    Accommodation

    Accommodation means any dwelling unit, apartment, condominium or cooperative unit, hotel or motel room, or other structure constructed for residential use and occupancy, including but not limited to a single-family dwelling, or unit within a two family dwelling, three family dwelling, multiple family dwelling, or townhouse dwelling as defined in Section 17.04.040.

    Effective on: 11/10/2022

    Building

    Building shall have the meaning ascribed to it by Section 17.04.040.

    Effective on: 11/10/2022

    Dwelling unit

    Dwelling unit shall have the meaning ascribed to it by Section 17.04.040.

    Effective on: 11/10/2022

    Managing entity

    Managing entity means the person who undertakes the duties, responsibilities and obligations of the management of a timeshare plan.

    Effective on: 11/10/2022

    Person

    Person means a natural person, corporation, limited liability company, partnership, joint venture, association, estate, trust, or other legal entity, or any combination thereof.

    Effective on: 11/10/2022

    Timeshare instrument

    Timeshare instrument means one or more documents, by whatever name denominated, creating or governing the operation of a timeshare plan and includes the declaration dedicating accommodations to the timeshare plan.

    Effective on: 11/10/2022

    Timeshare interest

    Timeshare interest means the right to exclusively occupy a timeshare property for a period of time on a recurring basis pursuant to a timeshare plan, regardless of whether or not such right is coupled with a property interest in the timeshare property or a specified portion thereof.

    Effective on: 11/10/2022

    T

    Timeshare plan means any arrangement, plan, scheme, or similar device, facilitated, offered, or organized by a third-party non-purchaser, whether by membership agreement, bylaws, shareholder agreement, partnership agreement, sale, lease, deed, license, right to use agreement, or by any other means, whereby purchasers, in exchange for consideration, receives the right to exclusive use of an accommodation or accommodations, whether through the granting of ownership rights, possessory rights or otherwise, for a period of time less than a full year during any given year, on a recurring basis for more than one year, but not necessarily for consecutive years.

    Effective on: 11/10/2022

    Timeshare property

    Timeshare property means one or more accommodations subject to the same timeshare instrument, together with any other property or rights to property appurtenant to those accommodations.

    Effective on: 11/10/2022

    Timeshare use

    Timeshare use means the use of one or more accommodations or any part thereof, as a timeshare property pursuant to a timeshare plan.

    Effective on: 11/10/2022

    C

  • C.
    Timeshare Uses Restricted to C-2 Downtown Commercial Zone. Timeshare uses are conditional uses within the City’s C-2 Downtown Commercial Zone, subject to approval of a conditional use permit applied for and approved in conformance with this Section. Timeshare uses are not permitted in any other Zones in the City.
  • D.
    Application Process and Development Standards.
    1. 1.
      Application Process. Approval of a conditional use permit for timeshare uses in the C-2 Downtown Commercial Zone within the City shall be required in accordance with the requirements of Chapter 17.40. In addition to the requirements contained in Chapter 17.40, an application for a timeshare use shall be accompanied by the following documents which shall be subject to the approval of the Community Development Director:
      1. a.
        Management Plan. A management plan shall describe the methods employed by the applicant to guarantee the future adequacy, stability, and continuity of a satisfactory level of management and maintenance of the time share use.
      2. b.
        Application Requirements. In addition to any application requirements established by this section and any other applicable requirements of this code, the following information shall be submitted as part of any application to develop or establish a timeshare use:
        1. i.
          Typical floor plans for each accommodation.
        2. ii.
          The phasing of the construction of the accommodations on the timeshare property, if applicable.
        3. iii.
          A description of any ancillary uses which are proposed in conjunction with the time share use.
        4. iv.
          A description of the method of management of the time share use and indication of the management entity for the time-share property.
        5. v.
          Any restrictions on the use or occupancy of the accommodations.
        6. vi.
          Any other information or documentation the applicant, City staff or commission deems reasonably necessary to the consideration of the timeshare use, including any required environmental documents.
    2. 2.
      Development Standards and Operational Requirements. Notwithstanding any other provision of this Section, the following conditions must be met by any timeshare use in any conditionally permitted zone. Additional requirements may be attached to a conditional use permit or development agreement if found to be necessary to assure that the timeshare use meets the intent of this Section:
      1. a.
        Timeshare uses developed in the C-2 Downtown Commercial Zone within the City shall be limited to accommodations in upper floors in conjunction with a mixed-use project.
      2. b.
        No existing residential use in the C-2 Downtown Commercial Zone within the City shall be converted to a timeshare use.
      3. c.
        Development Standards. The timeshare use shall comply with all development standards for the zone in which it is located.
      4. d.
        Parking. Parking shall be provided as follows:
        1. i.
          For accommodations of two or fewer bedrooms, one parking space shall be provided for each accommodation.
        2. ii.
          For accommodations of three or more bedrooms, two parking spaces shall be provided for each accommodation.
      5. e.
        Modification or Waiver of Standards. The Planning Commission may modify or waive one or more of the regulations contained in this Section if it determines that strict compliance is not necessary to achieve the purpose and intent of this Section.
  • E.
    Violations, Enforcement and Civil Penalties.
    1. 1.
      Any responsible person, including but not limited to an owner of a timeshare interest, management entity, agent, or broker who uses, or allows the use of, or advertises or causes to be printed, published, advertised or disseminated in any way and through any medium, the availability for sale or use of an accommodation in violation of this Section is guilty of a misdemeanor for each day in which such accommodation is used, allowed to be used, or advertised for sale or use in violation of this Section. Such violation shall be punishable pursuant to Section 1.04.020 of the City of Hermosa Beach Municipal Code.
    2. 2.
      Timeshare use, and/or advertisement for timeshare use, of an accommodation in violation of this Section is a threat to public health, safety or welfare and is thus declared to be unlawful and a public nuisance. Any such nuisance may be abated and/or restored by the enforcement official and also may be abated pursuant to Chapter 8.28 except that the civil penalty for a violation shall be one thousand dollars ($1,000.00). Each day the violation occurs shall constitute a separate offense
    3. 3.
      Any responsible person who violates this Section shall be liable and responsible for a civil penalty of one thousand dollars ($1,000.00) per violation per day such violation occurs. The City may recover such civil penalty by either civil action or administrative citation. Such penalty shall be in addition to all other costs incurred by the City, including without limitation the City’s staff time, investigation expenses and attorney’s fees.
      1. a.
        Where the City proceeds by civil action, the court shall have discretion to reduce the civil penalty based upon evidence presented by the responsible person that such a reduction is warranted by mitigating factors including, without limitation, lack of culpability and/or inability to pay. Provided, however, that in exercising its discretion the court should consider the purpose of this Section to prevent and deter violations and whether the reduction of civil penalties will frustrate that purpose by resulting in the responsible person’s enrichment or profit as a result of the violation of this Section. In any such civil action the City also may abate and/or enjoin any violation of this Section.
      2. b.
        Where the City proceeds by administrative citation, the City shall provide the responsible person notice of the right to request an administrative hearing to challenge the citation and penalty, and the time for requesting that hearing.
        1. i.
          The responsible person shall have the right to request the administrative hearing within forty-five (45) days of the issuance of the administrative citation and imposition of the civil penalty. To request such a hearing, the responsible person shall notify the City clerk in writing within forty-five (45) days of the issuance of the citation. The appeal notification shall include all specific facts, circumstances and arguments upon which the appeal is based.
        2. ii.
          The City Manager is hereby authorized to designate a hearing officer to hear such appeal. The City hearing officer shall conduct a hearing on the appeal within ninety (90) days of the request for the hearing unless one of the parties requests a continuance for good cause. The hearing officer shall only consider those facts, circumstances or arguments that the property owner or responsible person has presented in the appeal notification.
        3. iii.
          The hearing officer shall render a decision in writing within thirty (30) days of the conclusion of the hearing. The hearing officer shall have discretion to reduce the civil penalty based upon evidence presented by the property owner or responsible person that such a reduction is warranted by mitigating factors including, without limitation, lack of culpability and/or inability to pay. Provided, however, that in exercising its discretion the hearing officer should consider the purpose of this Section to prevent and deter violations and whether the reduction of civil penalties will frustrate that purpose by resulting in the property owner’s or responsible person’s enrichment or profit as a result of the violation of this Section.
        4. iv.
          Any aggrieved party to the hearing officer’s decision on the administrative appeal may obtain review of the decision by filing a petition for writ of mandate with the Los Angeles County Superior Court in accordance with the timelines and provisions set forth in Government Code Section 53069.4.
        5. v.
          If, following an administrative hearing, appeal, or other final determination, the owner of the property is determined to be the responsible person for the civil penalty imposed by this section, such penalty, if unpaid within forty-five (45) days of the notice of the final determination, shall become a lien to be recorded against the property on which the violation occurred pursuant to Chapter 8.28. Such costs shall be collected in the same manner as county taxes, and thereafter the property upon which they are a lien shall be sold in the same manner as property now is sold for delinquent taxes
    4. 4.
      Any violation of this Section may also be abated and/or restored by the enforcement official and also may be abated pursuant to Chapter 8.28 except that the civil penalty under Chapter 8.28 for a violation shall be one thousand dollars ($1,000.00). Each day the violation of this Section occurs shall constitute a separate offense. The remedies under this Section are cumulative and in addition to any and all other remedies available at law and equity.

    • (Ord. # 22-1453 §3, adopted 10/11/2022, effective 11/10/2022) 

    Effective on: 11/10/2022