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Hermosa Beach City Zoning Code

CHAPTER 17

42 General Provisions, Conditions and Exceptional Uses

17.42.010 Foregoing regulations subject to this chapter.

The foregoing regulations pertaining to the several zones shall be subject to the general provisions, conditions and exceptions contained in this chapter. (Prior code Appx. A, § 1100)

Effective on: 1/1/1901

17.42.020 Clarification of ambiguity.

If ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this chapter, or with respect to matters of height, yard requirements, area requirements or zone boundaries, as set forth herein and as they may pertain to unforeseen circumstances, including technological changes in processing of materials, it shall be the duty of the commission to ascertain all pertinent facts and by resolution of record set forth its findings and its interpretations, which resolution shall be forwarded to the city council and, if approved by the city council, thereafter such interpretation shall govern. (Prior code Appx. A, § 1101)

Effective on: 1/1/1901

17.42.030 Indicated potential classifications.

Where areas are shown upon the zoning map enclosed within a dashed line, the area thus shown is intended to approximate the location of the areas to be reclassified for the type of land use indicated by the symbol therein enclosed with a circle. Such future classification designation shall be a part of the zoning map and may be adopted or amended only in the manner prescribed for the reclassifying of property as required in Chapter 17.66. Uncircumscribed symbols shown within such areas represent the classification of such properties until they are processed as set forth herein.

The designation of a future classification is based on a recognition of the suitability of location for the type of use indicated by circumscribed symbol and the impracticability of precisely classifying such property for particular types of use until such lands are precisely designed and precisely planned so as to established location and dimensions of any streets, alleys, parking areas, building sites and similar features pertinent to zoning. (Prior code Appx. A, § 1102)

Effective on: 1/1/1901

17.42.040 Translating potential classification to permissible use.

Types of land-use indicated by circumscribed symbols within areas identified on the zoning map by a dashed line may be activated and made permissible uses by the adoption of a precise plan of design for the area. Such precise plan shall be adopted as a part of the proceedings for the reclassification of property to the indicated potential zone as provided in Chapter 17.66 and the map adopted thereby shall constitute an amendment to the zoning map. This precise plan shall by map, diagram or test, or all of them, indicate the boundaries, design, arrangement and dimension of any streets, alleys, parking areas, building sites and similar features pertinent to precise zoning. The comprehensive provisions of such precise plan shall take precedence over the individual provisions of this chapter covering subjects such as parking, yards, etc. (Prior code Appx. A, § 1103)

Effective on: 1/1/1901

17.42.050 Land may be used in accordance with precise plan.

In order to assure that the purpose and provisions of a formally-adopted precise plan of record shall be conformed to, the land reclassified within any precise plan shall be limited exclusively to such uses as are first permitted in the zone in which it is classified. (Prior code Appx. A, § 1104)

Effective on: 1/1/1901

[Repealed] 17.42.060 Temporary real estate office.

(Ord. # 25-1487 §8, adopted 06/10/2025, effective 07/10/2025)

Effective on: 7/10/2025

[Repealed] 17.42.070 Temporary construction buildings.

(Ord. # 25-1487 §8, adopted 06/10/2025, effective 07/10/2025)

Effective on: 7/10/2025

17.42.080 Storage of trailers.

The storage of one (1) trailer on any lot of record is permissive provided such trailer is not used for living or sleeping purposes while on the premises, is not connected to any sewer or water facility and is not located in any required front or side yard. (Prior code Appx. A, § 1108)

Effective on: 1/1/1901

17.42.090 Single room occupancy (SRO).

  • A.
    Purpose. The provisions of this section are intended to provide opportunities for the development of permanent, affordable housing for small households and for people with special needs in proximity to transit and services, and to establish standards for these small units.
  • B.
    Location. SRO units and facilities may be located in the R-3 zoning district with an administrative permit pursuant to Chapter 17.55. SRO units and facilities with more than six (6) units may be located in the R-3, C-3, SPA-7 and SPA-8 zones with a conditional use permit pursuant to Chapter 17.56.
  • C.
    Development Standards. SRO units and facilities shall comply with the following:
    1. 1.
      Single Room Occupancy Facilities.
      1. a.
        Density. SRO facilities are not required to meet density standards of the general plan or zoning district.
      2. b.
        Common Area. Four (4) square feet per living unit shall be provided, with at least two hundred (200) square feet in area of interior common space, excluding janitorial storage, laundry facilities and common hallways.
      3. c.
        Laundry Facilities. Laundry facilities must be provided in a separate room at the ratio of one (1) washer and one (1) dryer for every twenty (20) units or fractional number thereof, with at least one (1) washer and dryer per floor.
      4. d.
        Cleaning Supply Room. A cleaning supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor.
    2. 2.
      Single Room Occupancy Units.
      1. a.
        Unit size. An SRO unit shall have a minimum size of one hundred fifty (150) square feet and a maximum of four hundred (400) square feet.
      2. b.
        Occupancy. An SRO unit shall accommodate a maximum of two (2) persons.
      3. c.
        Bathroom. An SRO unit is not required to but may contain partial or full bathroom facilities. A partial bathroom facility shall have at least a toilet and sink; a full facility shall have a toilet, sink and bathtub, shower or bathtub/shower combination. If a full bathroom facility is not provided, one (1) common shower or bathtub/shower combination shall be provided per seven (7) persons, with at least one (1) full bathroom per floor. Locking doors shall be provided.
      4. d.
        Kitchen. An SRO unit is not required to but may contain partial or full kitchen facilities. A full kitchen includes a sink, a refrigerator and a stove, range top or oven. A partial kitchen is missing at least one (1) of these appliances. If a full kitchen is not provided, common kitchen facilities shall be provided with at least one (1) full kitchen per floor.
      5. e.
        Closet. Each SRO unit shall have a separate closet.
      6. f.
        Code Compliance. SRO units shall comply with all requirements of the California Building Code. All SRO units and facilities shall comply with all applicable accessibility and adaptability requirements. All common areas shall be fully accessible.
  • D.
    Affordability. All SRO units shall be restricted to lower-income households. Deed restriction(s) approved by the city shall be recorded including monitoring provisions.
  • E.
    Tenancy. Tenancy of SRO units shall be limited to thirty (30) or more days.
  • F.
    Management. An SRO facility (with six (6) or more units) shall provide on-site management. A management plan shall be submitted with the development application for SRO units or a SRO facility and shall be approved by the city. The management plan shall address management and operation of the facility, rental procedures, safety and security of residents and building maintenance. (Ord. 13-1342 §8, 2013)
  • Effective on: 1/1/1901

    17.42.100 Affordable housing.

  • A.
    General Provisions.
    1. 1.
      Compliance with State Law. The provisions of this section shall be governed by the requirements of Government Code Section 65915, as that statute is amended from time-to-time. Where conflict occurs between the provisions of this chapter and state law, the state law provisions shall govern, unless otherwise specified.
    2. 2.
      Median Income Levels. For the purpose of determining the income levels for households under this section, the City shall use the Los Angeles County income limits found in Title 25, Section 6932 of the California Code of Regulations, as regularly updated and published by the State Department of Housing and Community Development, or other income limits set forth in the general plan housing element or adopted by the City council if the State Department of Housing and Community Development fails to provide regular updates.
    3. 3.
      Compatibility. All affordable housing units shall be dispersed within market-rate projects. Affordable housing units within market-rate projects shall be comparable with the size and bedroom count, design, and use of market-rate units in appearance, use of materials, and finished quality. The design and appearance of the affordable housing units shall be compatible with the design of the total housing development and consistent with the surrounding neighborhood. Forms, materials and proportions that are compatible with the character of the surroundings shall be used.
    4. 4.
      Availability. All affordable housing units shall be constructed concurrently with, and made available for qualified occupants at the same time as, the market-rate housing units within the same project unless both the City and the developer agree in the affordable housing agreement to an alternative schedule for development.
    5. 5.
      Effect of Granting Density Bonus. The granting of a density bonus and other incentives provided for by this section shall not by virtue of such incentives require a general plan amendment, zone change, variance or other discretionary approval, unless such approval would otherwise be required.
  • B.
    State Affordable Housing Density Bonus.
    1. 1.
      Density Bonus. Pursuant to Government Code Section 65915, the City shall grant a density bonus over the otherwise allowable maximum residential density permitted by this chapter and the general plan, in accordance with Government Code Section 65915 to 65918, inclusive.
    2. 2.
      Applicability. The provisions of subsection (B)(1) of this section shall be applicable to residential projects of five (5) or more units, and senior citizen housing developments of at least thirty-five (35) units. Additionally, projects proposing a percentage of moderate-income rental units equivalent to the percentage of for-sale moderate income units may utilize the corresponding density bonus allowance specified in Government Code Section 65915.
    3. 3.
      Applicant May Request Smaller Density Bonus. Notwithstanding the foregoing, the City may award a smaller density bonus than specified in this section if the applicant so requests.
  • C.
    Affordable Housing Concessions and Incentives.
    1. 1.
      Number of Incentives or Concessions. In addition to a density bonus, an applicant is entitled to receive incentives or concessions in accordance with 65915.
    2. 2.
      Proposal of Incentives and Findings. An applicant may propose specific incentives or concessions that would contribute significantly to the economic feasibility of providing affordable units pursuant to this chapter and state law. In addition to any increase in density to which an applicant is entitled, the City shall grant one or more incentives or concessions that an applicant requests, up to the maximum number of incentives and concessions required pursuant to subsection (C)(1) of this section, unless the City makes a written finding that either:
      1. a.
        The concession or incentive is not necessary in order to provide the proposed targeted units; or
      2. b.
        The concession or incentive would have a specific adverse impact that can not be feasibly mitigated on public health and safety or the physical environment or any property that is listed in the California Register of Historical Resources.
    3. 3.
      Types of Affordable Housing Incentives. Affordable housing incentives may be requested in accordance with Government Code Section 65915. The City may allow for fast-track and priority processing for a project with affordable housing.
      1. a.
        Other Incentives. Other regulatory incentives or concessions proposed by the developer or the City that result in identifiable cost reductions or avoidance.
    4. 4.
      Additional Affordable Housing Incentives. The City may allow for additional affordable housing incentives to be granted on a case-by-case basis, when requested by an applicant when more than fifty (50) percent of the affordable housing units provided contain three (3) or more bedrooms to meet the needs of large families.
    5. 5.
      Lot Consolidation Bonus.
      1. a.
        Multifamily residential development proposed on lots zoned R-3, C-1, PF, SPA-11 or the Housing Element Sites Inventory Overlay (--HE) or allowing an equivalent or higher density meeting the minimum requirements for a density bonus pursuant to Section 17.42.100 shall be granted an additional density bonus as an incentive to acquire and combine two (2) or more parcels into a single building site according to the following formula:
        Combined Parcel SizeBase Density Increase
        Less than 0.50 acreNo increase
        0.50 acre to 0.99 acre5% increase
        1.0 acre or more10% increase
        Combined Parcel SizeBase Density Increase
        Less than 0.50 acreNo increase
        0.50 acre to 0.99 acre5% increase
        1.0 acre or more10% increase

        This lot consolidation bonus incentive shall be calculated prior to determining any density bonus pursuant to Section 17.42.100. Such projects shall be restricted in compliance with Section 17.42.100(E).

      2. b.
        Multifamily residential developments with less than five (5) units or a senior citizen housing development of less than thirty-five (35) units on lots zoned R-3, C-1, PF, SPA 11, or on the Housing Element Sites Inventory Overlay (--HE) or allowing an equivalent or higher density that otherwise meet the minimum requirements for a density bonus pursuant to Section 17.42.100 shall be granted reduced parking and lot development standards in Section 17.42.100(D)(3) as an incentive to acquire and combine two (2) or more parcels into a single building site. Such projects shall be restricted in compliance with Section 17.42.100(E).
      3. c.
        Applications for lot consolidations pursuant to this section processed concurrently with other land use entitlements shall be granted expedited processing of planning and building entitlements and no additional fee shall be charged for such expedited processing.
  • D.
    Administration.
    1. 1.
      Application and Review Process. A preliminary review of development projects proposed pursuant to this section is encouraged to discuss and identify potential application issues, including proposed modifications to development standards. The applicant shall request in the application the incentives the applicant wishes to obtain. The application shall include financial data showing how the incentives are necessary to make the affordable units feasible. Applications shall be reviewed and processed according to the provisions of Chapter 17.58, Precise Development Plans.
    2. 2.
      Duration of Affordability of Rental Units. All lower income and very low income housing units shall be kept affordable for a minimum period of fifty-five (55) years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program, consistent with state law.
    3. 3.
      Definition of Affordability. Those units targeted for lower income households shall be affordable at a rent that does not exceed thirty (30) percent of sixty (60) percent of the area median income. Units targeted for very low income households shall be affordable at a rent that does not exceed thirty (30) percent of fifty (50) percent of area median income. Units targeted for moderate income households shall be affordable at a rent that does not exceed thirty-five (35) percent of one hundred ten (110) percent of area median income. Median income levels shall be the income limits for Los Angeles County households as provided for in subsection (A)(3) of this section, Median Income Levels.
    4. 4.
      Affordable Housing Agreement Required. An affordable housing agreement is required for all projects with affordable housing units, including those granted a density bonus pursuant to this section. All affordable housing projects shall be subject to the approval of an affordable housing agreement conforming to the provisions of Title 7, Division 1, Chapter 4, Article 2.5 of the Government Code, which shall be recorded as a covenant on the title to the parcel or parcels on which the affordable housing units will be constructed. The terms of the agreement shall be reviewed and revised as appropriate by the director and City attorney. This agreement shall include, but is not limited to, the following:
      1. a.
        Number of Units. The total number of units approved for the projects, including the number of affordable housing units.
      2. b.
        Target Units. The location, unit sizes (in square feet) and number of bedrooms of the affordable housing units.
      3. c.
        Target Group. A description of the household income groups to be accommodated by the project and a calculation of the affordable rent or sales price, or a commitment to provide a senior citizen housing development.
      4. d.
        Certification Procedures. The party responsible for certifying rents or sales prices of inclusionary units, and the process that will be used to certify renters or purchasers of such units.
      5. e.
        Schedule. A schedule for the completion and occupancy of the affordable housing units.
      6. f.
        Remedies for Breach. A description of the remedies for breach of the agreement by either party.
      7. g.
        Required Term of Affordability. For moderate income, lower income and very low income units, duration of affordability of the housing units, pursuant to Government Code Section 65915. Provisions should also cover resale control and deed restrictions on targeted housing units that are binding on property upon sale or transfer.
      8. h.
        Expiration of Agreement. Provisions covering the expiration of the agreement, including notice prior to conversion to market rate units and right of first refusal option for the City and/or the distribution of accrued equity for for-sale units.
      9. i.
        Other Provisions. Other provisions to ensure implementation and compliance with this chapter.
      10. j.
        Condominium and Planned Unit Developments. In the case of condominium and planned unit developments, the affordable housing agreement shall provide for the following conditions governing the initial sale and initial resale and use of affordable housing units:
        1. 1.
          Target units shall, upon initial sale, be sold to eligible very low, lower, or moderate income households at an affordable sales price and housing cost, or to qualified residents as defined by this chapter.
        2. 2.
          Target units shall be initially owner-occupied by eligible very low, lower, or moderate income households.
        3. 3.
          Upon resale, the seller of a target unit shall retain the value of any improvements, the down payment, and the seller’s proportionate share of appreciation. The City shall recapture its proportionate share of appreciation, which shall be used to promote home ownership opportunities as provided for in Health and Safety Code Section 33334.2. The City’s proportionate share shall be equal to the percentage by which the initial sale price to the targeted household was less than the fair market value of the dwelling unit at the time of initial sale.
      11. k.
        Rental Housing Developments. In the case of rental housing developments, the affordable housing agreement shall provide for the following conditions governing the use of target units during the use restriction period:
        1. 1.
          The rules and procedures for qualifying tenants, establishing affordable rent rates, filling vacancies, and maintaining target units for qualified tenants.
        2. 2.
          Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate compliance with this chapter.
        3. 3.
          Provisions requiring owners to submit an annual report to the City, which includes the name, address, and income of each person occupying target units, and which identifies the bedroom size and monthly rent or cost of each target unit.
    5. 5.
      Notice of Conversions. Notice of conversions of affordable units to market-rate units shall be provided pursuant to the following requirements:
      1. a.
        General. At least a one (1) year notice shall be required prior to the conversion of any rental units for affordable households to market-rate.
      2. b.
        Required Notice. Notice shall be given to the following:
        1. i.
          The City;
        2. ii.
          The State Housing and Community Development Department (HCD);
        3. iii.
          The Los Angeles County Housing Authority;
        4. iv.
          The residents of the affordable housing units proposed to be converted; and
        5. v.
          Any other person deemed appropriate by the City.
    6. 6.
      Conversion of Affordable Rental Units. If an owner of a housing development issues a notice-of-intent to convert affordable housing rental units to market-rate housing, the City shall consider taking one (1) or more of the following actions:
      1. a.
        Meet with the owner to determine the owner’s financial objectives;
      2. b.
        Determine whether financial assistance to the current owner will maintain the affordability of the rental housing development or whether acquisition by another owner dedicated to maintaining the affordability of the development would be feasible; and
      3. c.
        If necessary to maintain the affordability of the housing unit or facilitate sale of the rental development, consider the use of redevelopment housing set-aside funds or assistance in accessing state or federal funding.
  •  (Ord. # 23-1471 §31, adopted 11/14/2023, effective 08/05/2024; Ord. # 24-1474 §2,3, adopted 01/23/2024, effective 08/05/2024)

    Effective on: 8/5/2024

    17.42.110 Commercial cannabis activities and cannabis cultivation.

  • A.
    The purpose of this section is to expressly prohibit the establishment of commercial cannabis uses in the City. The City Council finds that prohibitions on certain commercial cannabis activity are necessary for the preservation and protection of the public health, safety and welfare of the City. The prohibition of such uses is within the authority conferred upon the City Council by state law and is an exercise of its police powers to enact and enforce regulations for the public health, safety and welfare of the City. Nothing in this chapter shall be interpreted to conflict with state law, including without limitation the Compassionate Use Act, the Control, Regulate, and Tax Adult Use of Marijuana Act (AUMA) and the MAUCRSA, as may be amended. Nothing in this section is intended to prohibit a primary caregiver from providing medical cannabis to a qualified patient as those terms are defined by state law.
  • B.
    Except as provided in this chapter, Commercial cannabis activities are expressly prohibited in all zones in the City.
  • C.
    A property owner shall not rent, lease or otherwise permit any person or business that engages in commercial cannabis activity to occupy real property in the city. A property owner shall not allow any person or business to establish, operate, maintain, conduct, or engage in commercial cannabis activity on any real property owned or controlled by that property owner that is located in the City.
  • D.
    No person or entity may cultivate cannabis at any location in the City, except:
    1. 1.
      A person may cultivate no more than six (6) living cannabis plants inside a private residence in accordance with Health and Safety Code Section 11362.2; and
    2. 2.
      Where the City is preempted by federal or state law from enacting a prohibition on such cultivation.
  • E.
    Mobile cannabis dispensaries:
    1. 1.
      Businesses with physical locations solely outside city limits are permitted to engage in cannabis delivery within city limits provided the business is in compliance with Chapter 5.80 and all other applicable State and local law.
  • F.
    Violations and Remedies.
    1. 1.
      Criminal Penalties. Any violation of any provision of this chapter shall be deemed a misdemeanor and shall be punishable in accordance with Chapter 1.04.
    2. 2.
      Any use or condition caused, or permitted to exist, in violation of any provision of this section shall be, and hereby is declared to be, a public nuisance and may be abated by the City pursuant to Code of Civil Procedure Section 731 and Chapter 8.28 and any other remedy available by law to the City.
  • (Ord. 17-1380 §2, 2017: Ord. 16-1362 §1, 2016: Ord. 08-1292 §2, 2008)

    (Ord. # 23-1469 §12, adopted 09/26/2023, effective 10/26/2023)

    Effective on: 10/26/2023

    17.42.120 Housing accessibility–Reasonable accommodation for disability.

  • A.
    Purpose and Applicability.
    1. 1.
      This section provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Fair Housing Laws in the application of zoning laws, building codes, and other land use regulations, policies and procedures. Fair Housing Laws means "Fair Housing Amendments Act of 1988" (42 U.S.C. Section 3601, et seq.), including reasonable accommodation required by 42 U.S.C. Section 3604(f)(3)(B), and the "California Fair Employment and Housing Act" (California Government Code Section 12900, et seq.), including reasonable accommodation required specifically by California Government Code Sections 12927(c)(1) and 12955(l), as any of these statutory provisions now exist or may be amended from time to time.
    2. 2.
      A request for reasonable accommodation may be made by any person with a disability, his/her representative, or any business or property owner when the application of a zoning law, building code provision or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment, as those terms are defined in the Fair Housing Laws.
    3. 3.
      A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for the siting, development and use of housing or housing related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. Requests for reasonable accommodation shall be made in the manner prescribed by this section.
    4. 4.
      It is the intent of this section that, notwithstanding time limits provided to perform specific functions, application review, decision making and appeals proceed expeditiously, especially where the request is time sensitive, and so as to reduce impediments to equal access to housing.
  • B.
    Application Submittal.
    1. 1.
      Any person with a disability may request a reasonable accommodation on a form supplied by the community development department including the following information, accompanied by a fee established by resolution of the city council:
      1. a.
        The applicant’s or representative’s name, mailing address and daytime phone number;
      2. b.
        The address of the property for which the request is being made;
      3. c.
        The specific code section, regulation, procedure or policy of the City from which relief is sought;
      4. d.
        A site plan or illustrative drawing showing the proposed accommodation;
      5. e.
        An explanation of why the specified code section, regulation, procedure or policy is preventing, or will prevent, the applicant’s use and enjoyment of the subject property;
      6. f.
        The basis for the claim that the Fair Housing Laws apply to the individual(s) and evidence satisfactory to the City supporting the claim, which may include a letter from a medical doctor or other licensed health care professional, a disabled license, or any other appropriate evidence;
      7. g.
        A detailed explanation of why the accommodation is reasonable and necessary to afford the applicant an equal opportunity to use and enjoy a dwelling in the City;
      8. h.
        Verification by the applicant that the property is the primary residence of the person(s) for whom reasonable accommodation is requested; and
      9. i.
        Any other information required to make the findings required by subsection (D) of this section consistent with the Fair Housing Laws.
    2. 2.
      A request for reasonable accommodation may be filed at any time that the accommodation may be necessary to ensure equal access to housing.
    3. 3.
      A reasonable accommodation does not affect or negate an individual’s obligations to comply with other applicable regulations not at issue in the requested accommodation.
    4. 4.
      If an individual needs assistance in making the request for reasonable accommodation, the City shall provide assistance to ensure that the process is accessible.
    5. 5.
      Should the request for reasonable accommodation be made concurrently with a discretionary permit, then the fee for a reasonable accommodation application may be waived provided that the prescribed fee shall be paid for all other discretionary permits.
  • C.
    Reviewing Authority.
    1. 1.
      Applications for reasonable accommodation shall be reviewed by the Community Development Director or designee.
  • D.
    Findings. The reviewing authority shall approve the request for a reasonable accommodation if, based upon all of the evidence presented, the following findings can be made:
    1. 1.
      The housing, which is the subject of the request for reasonable accommodation, will be occupied by an individual with disabilities protected under Fair Housing Laws;
    2. 2.
      The requested accommodation is reasonable and necessary to make housing available to an individual with disabilities protected under the Fair Housing Laws;
    3. 3.
      The requested accommodation will not impose an undue financial or administrative burden on the City, as defined in the Fair Housing Laws and interpretive case law; and
    4. 4.
      The requested accommodation will not require a fundamental alteration in the nature of the City’s zoning or building laws, policies and/or procedures, as defined in the Fair Housing Laws and interpretive case law. The City may consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of the City’s zoning or building program:
      1. a.
        Whether the requested accommodation would introduce uses not otherwise permitted in the neighborhood; and
      2. b.
        Whether granting the requested accommodation would substantially undermine any express purpose of either the City’s general plan or an applicable specific plan.
  • E.
    Decision.
    1. 1.
      The review authority shall consider an application, and issue a written determination within forty (40) calendar days of the date of receipt of a completed application.
    2. 2.
      If necessary to reach a determination on any request for reasonable accommodation, the review authority may request further information from the applicant consistent with this section, specifying in detail what information is required. In the event a request for further information is made, the applicable time period to issue a written determination shall be stayed until the applicant reasonably responds to the request.
    3. 3.
      The review authority’s written decision shall set forth the findings, any conditions of approval, notice of the right to appeal, and the right to request reasonable accommodation on the appeals process, if necessary. The decision shall be mailed to the applicant.
    4. 4.
      The reasonable accommodation shall be subject to any reasonable conditions imposed on the approval that are consistent with the purposes of this section.
    5. 5.
      In making the approval findings in subsection (D) of this section, the review authority may approve alternative reasonable accommodations that provide an equivalent level of benefit to the applicant.
    6. 6.
      The written decision of the reviewing authority shall be final unless appealed in the manner set forth below.
    7. 7.
      While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.
    8. 8.
      Where the improvements or modifications approved through a reasonable accommodation would generally require a variance, a variance shall not be required.
  • F.
    Appeals.
    1. 1.
      The decision on a reasonable accommodation may be appealed to the City council within ten (10) calendar days of the issuance of a written decision.
    2. 2.
      The appeal shall be made in writing including a statement of the grounds for appeal, and accompanied by a fee established by resolution of the City council.
    3. 3.
      The City council shall hear the matter and render a determination as soon as reasonably practicable, but in no event later than sixty (60) calendar days after an appeal has been filed. All determinations shall address and be based upon the same findings required to be made in the original determination from which the appeal is taken.
    4. 4.
      The City shall provide notice of an appeal hearing to the applicant. The council shall announce its findings within forty (40) calendar days of the hearing, unless good cause is found for an extension, and the decision shall be mailed to the applicant. The council’s action shall be final.
    5. 5.
      If an individual needs assistance in filing an appeal on an adverse decision, the City shall provide assistance to ensure that the appeals process is accessible.
  • G.
    Waiver of Time Periods. Notwithstanding any provisions in this section regarding the occurrence of any action within a specified period of time, the applicant may request additional time beyond that provided for in this section or may request a continuance regarding any decision or consideration by the City of a pending appeal. Extensions of time sought by applicants shall not be considered delay on the part of the City, shall not constitute failure by the City to provide for prompt decisions on applications and shall not be a violation of any required time period set forth in this section.
  • H.
    Notice to the Public of Availability of Accommodation Process. The City shall prominently display in the public areas of the community development department at City Hall a notice advising those with disabilities or their representatives that they may request a reasonable accommodation in accordance with the procedures established in this section. City employees shall direct individuals to the display whenever they are requested to do so or reasonably believe that individuals with disabilities or their representatives may be entitled to a reasonable accommodation.
  • I.
    Expiration, Time Extension, Violation, Discontinuance, and Revocation.
    1. 1.
      Any reasonable accommodation approved in accordance with the terms of this section shall expire within twenty-four (24) months from the effective date of approval or at an alternative time specified as a condition of approval unless:
      1. a.
        A building permit has been issued and construction has commenced;
      2. b.
        A certificate of occupancy has been issued;
      3. c.
        The use is established; or
      4. d.
        A time extension has been granted.
    2. 2.
      The community development director may approve a time extension for a reasonable accommodation for good cause for a period or periods not to exceed three (3) years. An application for a time extension shall be made in writing to the community development department no less than thirty (30) days or more than ninety (90) days prior to the expiration date.
    3. 3.
      Notice of the director’s decision on a time extension shall be provided as specified in subsection (E)(3) of this section.
    4. 4.
      Any reasonable accommodation approved in accordance with the terms of this code may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in connection therewith.
    5. 5.
      An accommodation is granted to an individual and shall not run with the land unless the director finds that the modification is physically integrated on the property and cannot feasibly be removed or altered. Any change in use or circumstances that negates the basis for the granting of the approval may render the reasonable accommodation null and void and/or revocable by the City, and thereafter the reasonable accommodation may be required to be removed or substantially conformed to the code if reasonably feasible.
  • J.
    Amendments. A request for changes in conditions of approval of a reasonable accommodation, or a change to plans that would affect a condition of approval shall be treated as a new application and shall be processed in accordance with the requirements of this section. The community development director may waive the requirement for a new application and approve the changes if the changes are minor, do not involve substantial alterations or addition to the plan or the conditions of approval, and are consistent with the intent of the original approval.
  • (Ord. 11-1321, 2011) 

    (Ord. # 23-1471 §32, adopted 11/14/2023, effective 08/05/2024)

    Effective on: 8/5/2024

    17.42.140 Reserved (Mobile food vendor).

    Effective on: 1/1/1901

    17.42.150 Temporary uses and temporary events.

    The City recognizes that short-term activities can promote development, businesses, and provide benefits to the community. As activities permitted on a limited basis, an activity may not comply with all development standards in the Zone but is consistent with the general purpose of the zone. Standards are needed to ensure basic public health, safety, and welfare standards are maintained during its temporary operation. Temporary activities established in this section may be allowed on private property, subject to the issuance of an Administrative Permit by the Community Development Director. Conditions may be imposed to minimize impacts and ensure compliance with the required findings set forth in Chapter 17.55. Uses other than the following shall comply with the use and development regulations and permit requirements that otherwise apply to the property.

    1. A.
      Temporary Uses. The following temporary uses may be allowed upon approval of the Administrative Permit issued in accordance with Chapter 17.55 by the Community Development Director and the following:
      1. 1.
        Construction Yards, Off-Site. Contractor construction yards, including storing building materials, located off-site from an approved construction project within the city. The permit shall expire upon completion of the construction project or expiration of the building permit, whichever occurs first.
      2. 2.
        Residence. A mobile home as a temporary residence of the property owner in conjunction with a valid building permit for a new single-family or multi-family dwelling. In addition, a mobile home may be used as a temporary residence of the property owner when a valid building permit has been issued for the remodel of a single-family dwelling and the building official has determined that the extent of such remodel would prevent the safe occupancy of the dwelling. The temporary use permit may be approved for up to two (2) years or upon expiration of the building permit, whichever occurs first. The permit may be renewed upon reapplication and subject to the Community Development Director’s determination that the applicant has made a good faith effort to complete construction.
      3. 3.
        Storage Containers. Storage containers, in conjunction with an approved construction project within the City of Hermosa Beach. The permit shall expire upon completion of the construction project or the expiration of the building permit authorizing the construction project.
      4. 4.
        Work Trailers. A trailer or mobile home as a temporary work site for employees of a business may be allowed when a valid building permit within the city has been issued for up to one year, or upon expiration of the building permit, whichever occurs first.
      5. 5.
        Similar Temporary Uses. Similar temporary uses that, in the opinion of the Community Development Director, are compatible with the zoning district and surrounding land uses. The use would be limited to the standards of the temporary activity it was most similar to.
    2. B.
      Exempt Temporary Uses. The following temporary uses shall be exempt from the provisions of an Administrative Permit:
      1. 1.
        Garage Sales. Garage sales in a residential zone or on residential properties in a commercial zone, subject to Chapter 5.44;
      2. 2.
        Construction Yards, On-Site. A contractor’s construction yard, located on a site with an approved construction project.
      3. 3.
        Public Special Events. Temporary Uses on private property approved by City Council as part of a Special Event on Public Property in accordance with Chapter 12.30;
      4. 4.
        Food Truck. Mobile food truck in conjunction with an approved construction project and only during the time when construction workers are working on-site; or
      5. 5.
        Temporary Real Estate Office. A real estate sales office with an approved building permit, may be established within a residential development project area to sell homes on-site.
    3. C.
      Temporary Events. The following events may be allowed on private property upon approval of an Administrative Permit by the Community Development Director or designee and as summarized in Table 17.42.150-1 below:
      1. 1.
        Limited Events, Cypress District (M-1 Zone). An indoor event permitting the showcasing of art or the goods produced by a business located in the Cypress District Character Area in the M-1 zone. The Cypress District is comprised of properties located on Cypress Avenue, Valley Drive, and 6th Street as established in the General Plan. Limited Events shall be subject to the following:
        1. a.
          Zone. Only within the Cypress District, Character Area of the General Plan and M-1 Zone.
        2. b.
          Location. Indoors.
        3. c.
          Frequency. Events may occur up to seventy-two (72) days in a year, six (6) per month for a maximum of five (5) hours each, but no more than two (2) in a seven (7) day period.
        4. d.
          Restricted Days. A temporary event may be restricted from operating on any date when the Chief of Police or designee determines the accumulation of activities in the city may exceed its capacity to protect public safety adequately. Events are prohibited on the following days: St. Patrick’s Day, Cinco De Mayo, Memorial Day weekend, Labor Day weekend, Fourth of July, or New Year’s Eve.
        5. e.
          Permit Duration. A limited event permit is effective for two (2) years.
        6. f.
          Hours. Within the hours of 8:00 a.m. and 10:00 p.m.
        7. g.
          Entertainment. Amplified entertainment is limited to 8:00 a.m. to 10:00 p.m. for not more than five (5) hours in any day. Noise levels shall not exceed eighty (80) dBA at the property line. At no time may noise levels constitute a nuisance or violate the noise control ordinance in Chapter 8.24.
        8. h.
          Maximum Occupancy. The number of attendees shall not exceed the maximum occupancy load of the business’ interior at any time. The business must post a sign stating the maximum occupancy and monitor the number.
        9. i.
          Alcohol. The service and consumption of alcoholic beverages shall obtain and display the appropriate Department of Alcoholic Beverage Control approval.
        10. j.
          Retail. Accessory retail is limited to products related to primary business use during limited event periods. Limited events may not be appropriate for distribution businesses or contractor uses, for example.
        11. k.
          Limitations. If the subject property is governed by a conditional use permit or parking plan, the administrative permit shall not be approved unless the proposed use is timed and designed so it does not conflict with the purpose and requirements of the conditional use permit or parking plan.
      2. 2.
        Temporary Minor Special Events. A temporary minor special event for the use of a premise for an activity that exceeds the scope of the business licensed and approved for such premises. Special events may be indoors or outdoors and include entertainment and assembly events, flea markets, rummage sales, fairs, festivals, and car shows. Special events shall be subject to the following:
        1. a.
          Uses.
          1. i.
            Uses permitted by right in the zone, and uses requiring an entitlement such as a CUP to operate in the Zone.
    1.  
      1.  
        1.  
          1. ii.
            Uses prohibited include those uses prohibited by a discretionary approval, Title 17, adult uses.
          2. iii.
            Uses determined by the Community Development Director to be incompatible with the surrounding area due to safety, health or welfare concerns that cannot be mitigated.
        2. b.
          Zone. Temporary Minor Special Events are allowed within 1) the C-1, C-2, and C-3 zones; 2) the M-1 zone; 3) SPA zones that allow non-residential uses; and 4) in Residential zones on property developed with legal nonconforming-nonresidential uses.

          The use is additionally allowed without an administrative permit in OS zones accessory use to Hermosa Beach City School District facilities compliant with the regulations in this section, provided the use is approved by the Hermosa Beach City School District.

    2.  
      1.  
        1. c.
          Location. All elements of the use shall be contained on private property.

    Zones

    Location

    C-1, C-2, C-3, SPA zones that allow non-residential uses, and R zones developed with a non-residential use

    Indoor, outdoors, or combination of the two

    M-1

    Events shall be conducted indoors and outdoors. The indoor portion of the event shall not be less than 50% of the outdoor event area.

    Zones

    Location

    C-1, C-2, C-3, SPA zones that allow non-residential uses, and R zones developed with a non-residential use

    Indoor, outdoors, or combination of the two

    M-1

    Events shall be conducted indoors and outdoors. The indoor portion of the event shall not be less than 50% of the outdoor event area.

    1.  
      1.  
        1. d.
          Frequency. Events may occur up to seventy-two (72) days in any twelve-month period, with a maximum of twenty-four (24). Events shall last no more than three (3) consecutive days, with no more than two events a month and a minimum of five (5) days between events.
        2. e.
          Restricted Days. A temporary event may be restricted from operating on any date when the Chief of Police or designee determines the accumulation of activities in the city may exceed its capacity to protect public safety adequately. Events are prohibited on the on the following days: St. Patrick’s Day, Cinco De Mayo, Memorial Day weekend, Labor Day weekend, Fourth of July, or New Year’s Eve.
        3. f.
          Permit Duration. An administrative permit for a temporary minor special event shall not exceed twelve (12) months from the first approved event.
        4. g.
          Hours.

    Zones

    Hours

    C-2, C-3, SPA zones that allow non-residential uses

    8:00 a.m. to 10:00 p.m.*

    C-1, M-1, and R zones developed with a non-residential use

    8:00 a.m. to 10:00 p.m.*

    Zones

    Hours

    C-2, C-3, SPA zones that allow non-residential uses

    8:00 a.m. to 10:00 p.m.*

    C-1, M-1, and R zones developed with a non-residential use

    8:00 a.m. to 10:00 p.m.*

    1.  
      1.  
        1. h.
          Management.
          1. i.
            The event may only be issued to the property owner, business owner, or business licensee holder, and the permit holder shall be present on the property for the duration of the use including set up and breakdown.
          2. ii.
            The Permittee shall have control over attendance. Advertising and media to attract people to the event shall be moderated to reduce potential for impacts. Adequate security should be provided.
        2. i.
          Entertainment. Amplified entertainment is limited to 10:00 a.m. to 9:00 p.m. for not more than four (4) hours in any day. Noise levels shall not exceed eighty (80) dBA at the property line. At no time may noise levels constitute a nuisance or violate the noise control ordinance in Chapter 8.24.
        3. j.
          Sanitary Facilities. For events longer than one (1) hour in duration or where food is provided, restroom access for both employees and customers shall be provided. Portable restroom facilities may be permitted in combination with hand washing stations.
        4. k.
          Lighting. Any lighting shall be shielded, downcast and directed onto the subject property. No strobe light or beacons are permitted.
        5. l.
          Maximum Occupancy. The occupancy of any structures or spaces, whether indoor or outdoor, shall be consistent with building and fire codes and safety protocols as determined by the Community Development Director or designee.
        6. m.
          Alcohol. The sale, service, or consumption of alcoholic beverages shall obtain and display the appropriate Department of Alcoholic Beverage Control approval. Outdoor activities involving alcoholic beverages shall be located at least three hundred (300) feet from any public-school property between 7:00 a.m. and 6:00 p.m. on school days unless the Hermosa Beach City School District has been consulted and any concerns are mitigated to the city's satisfaction.
        7. n.
          Food Trucks. May only operate in conjunction with a temporary minor special event, unless exempt under Section 17.42.150.B.4.
        8. o.
          Signs. A temporary sign shall be allowed with a temporary special event in accordance with Section 17.50.210.
        9. p.
          Additional Permits.
          1. i.
            Special events may be subject to additional permits and other city or agency approvals, licenses, and inspections required by applicable laws and regulations.
    1.  
      1.  
        1.  
          1. ii.
            A Temporary Use Permit may not conflict with the governing entitlement (CUP, Parking Plan, etc.).
        2. q.
          Parking.
          1. i.
            All existing accessible parking must be maintained on-site in Americans with Disabilities Act;
    1.  
      1.  
        1.  
          1. ii.
            In parking lots with fourteen (14) or fewer spaces, no additional parking shall be required, provided that alternative modes of transit (such as biking, walking, ride-share, etc.) are prominently promoted as part of any event advertising.
          2. iii.
            In a parking lot with fifteen (15) or more parking spaces, where more than five spaces would be displaced, the applicant must offset any displaced parking greater than five spaces by implementing a temporary parking demand management plan. This plan is subject to the review and approval of the Community Development Director. The plan may include temporary non-public off-site parking (with the property owner's authorization), valet parking, shared parking, bicycle parking, ride-sharing options, and shuttle services; and
          3. iv.
            Based on the characteristics and type of event, the Community Development Director may require additional parking to address the anticipated demand generated from an event in any size parking lot.
        2. r.
          Removal. The site shall be restored within two (2) business days of the event.
        3. s.
          Exception Any deviation from these standards and limitations of this section shall require approval of a Conditional Use Permit in compliance with Chapter 17.40.
        4. t.
          Conditions.
          1. i.
            The use may be subject to conditions to mitigate impacts on the surrounding area and ensure adequate provision of services, relating to the number of people, traffic, line of sight, type, and volume of amplified music or entertainment, day of week and hours, sanitation, environment, concentration of activity and events during the same time period, availability of city services to protect the health, safety, and welfare of the public and property, compliance with other provisions of law, and other similar considerations.
    1.  
      1.  
        1.  
          1. ii.
            The Temporary Minor Special Event shall comply with the limitations of the conditions of approval for any approved entitlement.
        2. u.
          Modification.
          1. i.
            If, due to inclement weather or other similar, unforeseen circumstances, it is necessary to change the approved event date(s), the Community Development Director may, after review, approve alternative date(s) subject to the timely filing of the request. The applicant must pay a reasonable administrative fee for an amendment in accordance with the adopted fee schedule.
    1.  
      1.  
        1.  
          1. ii.
            If an applicant elects to add dates to a previously approved permit within the maximum total allowed, the Community Development Director may approve alternative date(s) subject to the timely filing of the request. The applicant must pay a reasonable administrative fee for an amendment in accordance with the adopted fee schedule.
          2. iii.
            If substantial changes to the event location and programming approved as part of the original permit are requested, the applicant must pay the permit application fee.
        2. v.
          Revocation.
          1. i.
            An administrative permit may be revoked or modified with only a twenty-four hour (24) notice to the holder of the administrative permit: provided, however, that an administrative permit may be immediately revoked and the event ordered concluded at any time during the course of the event by the highest ranking police officer on duty at the time upon their determination that the event is violating state law or is violating one (1) or more conditions of approval, or determination that the event has become a threat to public safety.
    1.  
      1.  
        1.  
          1. ii.
            If the administrative permit has been revoked or documented problems have occurred or not abated, the Community Development Director may deny a future application for a similar event on the same property for a one (1) year period.
      2. 3.
        Outdoor Sales Events. Temporary outdoor sale of merchandise related to an existing licensed business on-site with temporary outdoor sale of merchandise:
        1. a.
          Location. Located in a non-residential zone on a lot developed with non-residential use.
        2. b.
          Frequency. A maximum of four (4) times in a twelve-month period for up to four (4) days per event.
        3. c.
          Hours. 9:00 a.m. to 8:00 p.m.
        4. d.
          Removal. The site shall be restored within one (1) business day.
        5. e.
          Conditions. Conditions may be imposed to minimize impacts and ensure compliance with the required findings set forth in Chapter 17.55.
      3. 4.
        Seasonal Sales Lots. Seasonal sales activities, for example, pumpkin patches and tree lots, including temporary security trailers, on nonresidential properties, in compliance with the following:
        1. a.
          Location. In a non-residential zone on a lot developed with nonresidential use.
        2. b.
          Frequency. A maximum of one (1) annually, for a maximum of 45 days each.
        3. c.
          Hours. 9:00 a.m. to 8:00 p.m.
        4. d.
          Parking/Loading Spaces. Parking shall be provided to the satisfaction of the Community Development Director.
        5. e.
          Temporary Fencing. Temporary fencing in accordance Section 17.46.130.
        6. f.
          Removal. The site shall be restored within seven (7) days following event.
        7. g.
          Conditions. Conditions may be imposed to minimize impacts and ensure compliance with the required findings set forth in Chapter 17.55.
      4. 5.
        Similar Temporary. Similar temporary events that, in the opinion of the director, are compatible with the zoning district and surrounding land uses. The use would be limited to the number of occurrences and standards of the temporary activity it was most similar to.
    2. D.
      Exempt Temporary Events. The following temporary activities shall be exempt from the provisions of an Administrative Permit:
      1. 1.
        Public School. Temporary Minor Special Events located within the Hermosa Beach City School District facilities are compliant with the regulations in Section 17.42.150, provided the use is approved by the Hermosa Beach City School District; or
      2. 2.
        Special Events on Public Property. Temporary Events on private property approved by City Council as part of a Special Event on Public Property in accordance with Chapter 130.
      3. 3.
        Incidental Use. Incidental uses that are customary to the primary use, such as parlor games, book signings, poetry readings, or other similar uses that are held within the building and operated as part of the licensed business on-site. Incidental uses must comply with all HBMC standards and any condition of an applicable entitlement. Incidental uses do not include uses requiring an entitlement or regulated by a separate licensing or permit process.

    Table 17.42.150-1 – Temporary Event Table

    Temporary Event Type

    Maximum Days Per Event

    Maximum Per Year

    Limited Events

    6 per month for a maximum of 5 hours each, but no more than 2 in a 7-day period

    72 days

    Temporary Minor Special Event

    Indoors, Outdoors, or combination of both

    3 days

    72 days for a maximum of 24 events, with no more than 2 events per month, with a minimum of 5 days between events

    Outdoor sales events

    4 days

    4 events

    Seasonal sales lots

    45 days

    1 event

    Table 17.42.150-1 – Temporary Event Table

    Temporary Event Type

    Maximum Days Per Event

    Maximum Per Year

    Limited Events

    6 per month for a maximum of 5 hours each, but no more than 2 in a 7-day period

    72 days

    Temporary Minor Special Event

    Indoors, Outdoors, or combination of both

    3 days

    72 days for a maximum of 24 events, with no more than 2 events per month, with a minimum of 5 days between events

    Outdoor sales events

    4 days

    4 events

    Seasonal sales lots

    45 days

    1 event

    (Ord. # 25-1487 §9, adopted 06/10/2025, effective 07/10/2025)

    Effective on: 7/10/2025

    [Repealed] 17.42.160 Temporary seasonal sales lots.

    (Ord. # 25-1487 §10, adopted 06/10/2025, effective 07/10/2025)

    Effective on: 7/10/2025

    [Repealed] 17.42.170 Lot consolidation incentives for affordable multifamily development.

    (Ord. # 23-1471 §33, adopted 11/14/2023, effective 08/05/2024)

    Effective on: 8/5/2024

    17.42.180 Short-Term Vacation Rentals.

    It shall be unlawful for any person to offer or make available for rent or to rent (by way of a rental agreement, lease, license or any other means, whether oral or written) for compensation or consideration a residential dwelling, a dwelling unit or a room in a dwelling for less than 30 consecutive days and for any person to occupy a residential dwelling, a dwelling unit or a room in a dwelling for less than 30 consecutive days pursuant to a rental agreement, lease, license or any other means, whether oral or written, for compensation or consideration except for short-term vacation rentals in nonconforming residential dwelling units in certain commercial zones in compliance with the following requirements. No person or entity shall maintain any advertisement of a short-term rental in violation of this section, in any zone. In the event that an advertisement has conflicting information regarding a prohibited rental, the advertisement for the shorter amount of time shall control.

    This section sets forth requirements for the establishment and operation of short-term vacation rentals in nonconforming residential dwelling units in certain commercial zones.

    1. A.
      Permit and Operational Requirements. The approval of operation of a short-term vacation rental shall be subject to the following requirements:
      1. 1.
        Administrative Permit Required. Short-term vacation rentals may be established and operated only after an administrative permit has been approved in compliance with Chapter 17.55. The administrative permit for a short-term vacation rental shall be valid for one calendar year from the date of issuance and must be renewed annually thereafter; provided, that this section remains in effect and has not expired.
        1. a.
          Prior to approval or renewal of an administrative permit for operation of a short-term vacation rental, the premises shall be inspected by the building official or their designee for compliance with all applicable building and safety codes, as well as compliance with any applicable Municipal Code regulations regarding short-term vacation rentals. If the building official or their designee conducts more than two (2) inspections to verify compliance due to outstanding corrections, the applicant is subject to a reinspection fee for those additional inspections.
        2. b.
          An application for a new or renewal of an administrative permit shall include payment of all required and outstanding administrative fees.
        3. c.
          The application submittal shall include a list of the Uniform Resource Locations (URL) where the property is listed online, and the applicant shall keep the list current at all times.
        4. d.
          Short-term vacation rentals established under this section shall have no vested right to continued existence.
      2. 2.
        Location. Short-term vacation rentals shall only be permitted in nonconforming residential dwellings on properties zoned C-2, C-3, SPA 7, SPA 8, or SPA 11.
        1. a.
          For purposes of this section, a "nonconforming residential unit" shall mean a residential dwelling unit that was lawfully established and maintained as a dwelling unit as of October 24, 2019. If the unit is converted into a nonresidential use, then it shall be deemed the termination of the existing nonconforming residential use, and thereby the unit loses any nonconforming status as a residential use and loses any right to operate as a short-term vacation rental.
      3. 3.
        Management and Operations Plan. In addition to any other requirements for an application for an administrative permit, or any conditions of approval contained therein, the application to establish and operate a short-term vacation rental shall be accompanied by a management plan, which shall establish, to the satisfaction of the community development director (director), or their designee, the following:
        1. a.
          The reasonably prudent business practices that owner or owner’s authorized agent will use to ensure that the short-term vacation rental unit is used in a manner that complies with all applicable laws, rules, regulations, and permits.
        2. b.
          An identification plaque posted and maintained at all times, within plain view of and legible to the general public, not exceeding six square feet in size, and containing address of premises and permit number, and telephone number of Hermosa Beach Police Department dispatch for complaints regarding condition, operation or conduct of occupants of the unit. The director may alter the size requirement to ensure the plaque is legible from the adjacent public right-of-way.
        3. c.
          The name, address, and telephone number of a local contact person who shall be available 24 hours per day, seven days per week for the purpose of responding to City staff calls pertaining to complaints regarding the condition, operations, or conduct of occupants of the short-term vacation rental or their guests, and if directed by City staff, to personally proceed on site within 30 minutes from the call to resolve the problem.
        4. d.
          The owner or the owner’s authorized agent shall, upon notification that any occupant or guest of the short-term vacation rental unit has created unreasonable noise or disturbances, engaged in disorderly conduct, or committed violations of any applicable law, rule or regulation pertaining to the use and occupancy of the short-term vacation rental unit, respond in a timely and appropriate manner to immediately halt or prevent a recurrence of such conduct. Failure of the owner or the owner’s authorized agent to respond to such calls or complaints regarding the condition, operation, or conduct of the occupants and/or guests of the short-term vacation rental unit in a timely and appropriate manner shall subject the owner to all administrative, legal, and equitable remedies available to the City.
        5. e.
          The owner and/or the owner’s authorized agent shall use reasonably prudent business practices to ensure that the occupants and/or guests of the short-term vacation rental unit do not create unreasonable noise or disturbances, engage in disorderly conduct or illegal activity, or violate any applicable law, rule or regulation pertaining to the use and occupancy of the short-term vacation rental unit.
        6. f.
          The owner and/or the owner’s authorized agent shall use reasonably prudent business practices to ensure that the short-term vacation rental unit is used for overnight accommodations purposes only. This shall include using all prudent business practices to prohibit the rental to commercial party businesses.
        7. g.
          Prior to occupancy of a short-term vacation rental unit, the owner or the owner’s authorized agent shall:
          1. i.
            Obtain the contact information of the renter.
          2. ii.
            Provide a copy of the City’s "Good Neighbor" brochure containing these requirements to the renter.
          3. iii.
            Require the renter to execute a formal acknowledgement they are legally responsible for compliance by all occupants of the short-term vacation rental unit and their guests with all applicable laws, rules, and regulations pertaining to the use and occupancy of the short-term vacation rental unit.
          4. iv.
            The information required in subsections (A)(3)(g)(i) and (A)(3)(g)(iii) of this subsection shall be maintained by the owner or the owner’s authorized agent for a period of three years and be made available upon request to any officer of the City responsible for the enforcement of any provision of the Municipal Code or any other applicable law, rule or regulation pertaining to the use and occupancy of the short-term vacation rental unit.
        1. h.
          The property shall be maintained free of litter and debris. Trash and refuse shall not be left or stored within public view, except in proper containers for the purpose of collection by the City’s authorized waste hauler on scheduled trash collection days. Trash receptacles must be maintained within an enclosure and placed for pick up to comply with the provisions of HBMC 8.12.220 and 8.12.230. The size or number of containers and/or frequency of pick-up (if permitted by the City’s authorized waste hauler) shall be increased if needed to accommodate the amount of trash generated by all uses on the site.
        2. i.
          On-site parking shall be allowed on approved driveway, garage and/or carport areas only. Parking shall comply with all current City parking regulations. Parking of oversized vehicles must comply with the provisions of Chapter 10.32, Stopping, Standing and Parking, of the Municipal Code.
        3. j.
          Approved on-site parking space(s), including all enclosed garages, shall be kept free and clear to accommodate vehicular parking for renters/guests during all times the unit is in use as a short-term vacation rental.
        4. k.
          The number of adult occupants allowed to occupy any given short-term vacation rental unit shall be limited to two (2) per bedroom/sleeping area.
        5. l.
          The director shall have the authority to impose additional conditions on the use of any given short-term vacation rental to ensure that any potential secondary effects unique to the subject short-term vacation rental unit are avoided or adequately mitigated.
        6. m.
          The owner or owner’s authorized agent shall post the current short-term vacation rental permit number, a photograph of the front of the property where the short-term vacation rental unit is located, as well as the number of approved on-site parking spaces available, in any written publication or on any website that promotes the availability or existence of a short-term vacation rental unit.
      4. 4.
        The owner shall comply with all requirements related to a business license under Chapter 5.04, Business Licenses Generally, of the Municipal Code, and related to the transient occupancy tax under Chapter 3.32, Transient Occupancy Tax, of the Municipal Code for the operation of the short-term vacation rental.
    2. B.
      Development Standards. Short-term vacation rentals shall conform to the following standards:
      1. 1.
        On-site parking shall be provided as required under Chapter 17.44.
      2. 2.
        A private kitchen area, shower and toilet facilities, and at least one room/area designated as a sleeping area shall be provided in each unit.
    3. C.
      Violations. Violations of this section are subject to the following standards.
      1. 1.
        Any violation of this section shall result in issuance of an administrative citation pursuant to Chapter 1.10, Administrative Citations and Penalties, or any other legal methods of enforcement, of the Municipal Code.
      2. 2.
        More than three violations of this section or any of the City’s quality of life ordinances, such as noise violations, disturbing the peace, or creating a public nuisance, within a 12-month period shall be grounds for revocation of the business license and administrative permit, in accordance with provisions of the Code, provided the three  violations have been affirmed by a hearing officer in the event they are appealed.
    4. D.
      Sunset Clause. The provisions in this section shall become inoperative on October 24, 2027, and shall be considered repealed on that date, unless the City Council of Hermosa Beach enacts a new ordinance that becomes effective on or before October 24, 2027, and which deletes or extends that date. No new or renewals of administrative permits and/or business licenses for short-term vacation rentals shall be issued after October 24, 2027, and no permitted short-term vacation rental shall have a right to operate beyond the term of the permit.

    (Ord. # 23-1468 §6, adopted 09/26/2023, effective 10/26/2023; Ord. # 24-1473 §6, adopted 01/23/2024, effective 02/22/2024; Ord. # 25-1489 §6, adopted 09/30/2025, effective 10/30/2025)

    Effective on: 10/30/2025

    17.42.190 Entertainment, limited live.

  • A.
    Definition.
    1. 1.
  • B.
    Administrative Permit Required.
    1. 1.
      Limited live entertainment allowed pursuant to this section may be permitted with an administrative permit pursuant to Chapter 17.55 in the C-1, C-2 and C-3 zones. No permit term shall extend past two (2) years from the effective date of the ordinance codified in this section.
    2. 2.
      The appeal procedures found in Section 17.55.050 and the revocation procedures found in Section 17.55.070 shall apply to any administrative permit issued for limited live entertainment.
  • C.
    Standards and Limitations.
    1. 1.
      Hours. During normal business hours but no earlier than 8:00 a.m. or later than 9:00 p.m. daily.
    2. 2.
      Noise. Cannot be audible on the exterior of the business premises and not permitted on outside patios, entries or sidewalks. All exterior doors and windows shall be closed during entertainment.
    3. 3.
      Uses. Limited live entertainment may include one (1) or two (2) performers/hosts using amplification, playing games, open mic, musical performances, poetry readings or other similar use that is not more objectionable than the listed uses. The community development director is authorized to compare a proposed use and measure it against those listed for determining similarity.
    4. 4.
      Operations/Seating. The activity must be confined to completely enclosed premises and does not result in the need for additional seating or change in an approved floor plan to accommodate the limited live entertainment and/or accommodate a stage for the entertainment, dancing or hosting of an activity or event.
    5. 5.
      Limited live entertainment is an accessory use to the main business.
    6. 6.
      There shall be a maximum of two (2) performers or hosts using amplification.
    7. 7.
      Prizes. Any prizes awarded during an activity permitted by a limited live entertainment administrative permit shall be limited to the prize limits stated in Section 5.12.100.
    8. 8.
      Must comply with all other applicable laws and agencies, including but not limited to California Department of Alcoholic Beverage Control and California Bureau of Gambling Control.
    9. 9.
      No organized alcohol drinking games are permitted.
    10. 10.
      Established maximum occupant load of the premises shall apply.
    11. 11.
      Upon permit issuance, advertising of approved entertainment is permitted. (Ord. 18-1388 §3, 2018)
  • Effective on: 1/1/1901

    [Repealed] 17.42.200 Events, limited

    (Ord. # 25-1487 §10, adopted 06/10/2025, effective 07/10/2025)

    Effective on: 7/10/2025

    17.42.210 Emergency shelters.

    This section sets forth requirements for the establishment and operation of emergency shelter facilities.

    1. A.
      Permit and Operational Requirements. The approval and operation of an emergency shelter shall be subject to the following requirements:
      1. 1.
        Administrative Permit Required. Emergency shelters may be established and operated in the R-3, C-3, SPA-7 and SPA-8 zoning districts subject to the granting of an administrative permit in compliance with Chapter 17.55.
      2. 2.
        Management and Operations Plan. An application for an administrative permit to establish and operate an emergency shelter shall be accompanied by a management plan, which shall establish hours of operation, staffing levels and training procedures, maximum length of stay, size and location of exterior and interior onsite waiting and intake areas, admittance and discharge procedures, provisions for on-site or off-site supportive services, on-site and off-site security procedures, and protocols for communications with local law enforcement agencies and surrounding property owners.
    2. B.
      Development Standards. Emergency shelters shall conform to the following standards.
      1. 1.
        The maximum number of beds shall be ten (10). An additional four (4) beds may be provided for children under the age of eighteen (18) with a parent or guardian within designated family units.
      2. 2.
        A minimum separation of three hundred (300) feet, measured from the property line, shall be maintained between all emergency shelters.
      3. 3.
        Separate private shower and toilet facilities shall be provided for men, women and families.
      4. 4.
        Alcohol and narcotics use and consumption are prohibited both within the facility and on the property. No amplified music or sound is allowed. No animals are permitted (except guide dogs for the disabled or ordered by a doctor for medical reasons).
      5. 5.
        Bicycle racks or bicycle lockers for three (3) bicycles shall be provided onsite near the facility.
      6. 6.
        Stays at the facility shall be on a first-come first-served basis. Clients may be admitted to the facility only between 6:00 p.m. and 8:00 a.m. The facility may remain open twenty-four (24) hours a day only if providing onsite accessory services. Clients have no guaranteed bed for the next night. The maximum length of stay at the facility shall not exceed one hundred eighty (180) days in a three hundred sixty-five (365) day period.
      7. 7.
        The facility may provide the following services in an area separate from sleeping areas, such as counseling services, laundry facilities to serve the clients at the shelter, client storage area such as for the storage of bicycles or personal items, or similar services geared to homeless clients. All such areas and facilities shall be located within a building, with the exception of bicycle parking.
      8. 8.
        A waiting area shall be provided which contains a minimum of ten (10) square feet per bed provided at the facility. The waiting area shall be in a location not adjacent to the public right of way, shall be visually separated from public view by a minimum six (6) foot tall screening of mature landscaping or by a minimum six (6) foot tall decorative masonry wall, and shall provide consideration of shade and protection from the elements.
      9. 9.
        Security and Safety. A staff member shall be on-premises at all times the facility is open to clients. Security and safety shall be addressed for both on and off-site needs, including provisions to address the separation of male/female sleeping areas as well as any family areas within the facility. At a minimum, the plan shall contain provisions addressing security and safety.
      10. 10.
        Loitering Control. Measures regarding off-site controls to minimize the congregation of clients in the vicinity of the facility during hours that clients are not allowed on-site.
      11. 11.
        Management for Outdoor Areas. A system for daily admittance and discharge procedures, including monitoring for waiting areas, shall be developed to minimize disruption to nearby land uses.
      12. 12.
        Staff Training. A staff training program shall be maintained that provide adequate knowledge and skills necessary to assist clients in obtaining permanent shelter and income.
      13. 13.
        Communications. A communication and outreach plan shall be developed to maintain good communication and response to operational issues which may arise from the neighborhood, City staff, or the general public.
      14. 14.
        Client Eligibility. A screening program to determine client eligibility is required. The facility shall be required to utilize the Los Angeles County region’s current Homeless Management Information System.
      15. 15.
        Counseling Services. Provision of or links to counseling services are encouraged. Identify and describe the counseling programs to be provided as well as procedures that will be used to refer clients to outside assistance agencies. An annual report to the City on this activity is required.
      16. 16.
        Facility rules shall be conspicuously displayed in English and Spanish.
      17. 17.
        Litter Control. Litter and trash removal attributable to facility operations and its clients shall be provided. Graffiti shall be removed within twenty-four (24) hours.

    (Ord. # 23-1471 §34, adopted 11/14/2023, effective 08/05/2024) 

    Effective on: 8/5/2024

    17.42.220 Supportive housing.

  • A.
    Supportive and Transitional Housing. Pursuant to California Government Code Section 65583(c)(3), transitional and supportive housing constitute a residential use and are subject only to those restrictions that apply to other residential uses of the same type in the same zoning district.
  • B.
    Up to 50 Units Permitted By Right. Pursuant to California Government Code Section 65651, supportive housing development with up to 50 supportive housing units shall be permitted by right in all zones where multi-family and mixed-use residential development are permitted provided the development satisfies all of the following requirements:
    1. 1.
      All supportive housing units within the development are subject to a recorded affordability restriction for 55 years.
    2. 2.
      One hundred percent of the units, excluding managers' units, within the development are dedicated to lower income households and are receiving public funding to ensure affordability of the housing to lower income Californians. For purposes of this paragraph, “lower income households” has the same meaning as defined in Section 50079.5 of the Health and Safety Code.
    3. 3.
      At least 25 percent of the units in the development or 12 units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. If the development consists of fewer than 12 units, then 100 percent of the units, excluding managers' units, in the development shall be restricted to residents in supportive housing.
    4. 4.
      The developer shall provide the information required by California Government Code Section 65652 to the Planning Division.
    5. 5.
      Nonresidential floor area shall be used for onsite supportive services in the following amounts:
      1. a.
        For a development with 20 or fewer total units, at least 90 square feet shall be provided for onsite supportive services.
    6. 6.
      For a development with more than 20 units, at least 3 percent of the total nonresidential floor area shall be provided for onsite supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.
    7. 7.
      The developer replaces any dwelling units on the site of the supportive housing development in the manner provided in paragraph (3) of subdivision (c) of Section 65915.
    8. 8.
      Units within the development, excluding managers' units, include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.
    9. 9.
      Notwithstanding any other provision of this Section to the contrary, the local government shall, at the request of the project owner, reduce the number of residents required to live in supportive housing if the project-based rental assistance or operating subsidy for a supportive housing project is terminated through no fault of the project owner, but only if all of the following conditions have been met:
      1. a.
        The owner demonstrates that it has made good faith efforts to find other sources of financial support.
      2. b.
        Any change in the number of supportive service units is restricted to the minimum necessary to maintain project's financial feasibility.
      3. c.
        Any change to the occupancy of the supportive housing units is made in a manner that minimizes tenant disruption and only upon the vacancy of any supportive housing units.
    10. 10.
      Over 50 units, a conditional use permit is required.
  • (Ord. # 23-1471 §35, adopted 11/14/2023, effective 08/05/2024) 

    Effective on: 8/5/2024

    17.42.230 Residential care facilities – large.

  • A.
    Permit and Operational Requirements. The approval and operation of an emergency shelter shall be subject to the following requirements:
    1. 1.
      Administrative Permit Required. Emergency shelters may be established and operated in the C-3, SPA-7 and SPA-8 zoning districts subject to the granting of an administrative permit in compliance with Chapter 17.55.
    2. 2.
      Management and Operations Plan. An application for an administrative permit to establish and operate an emergency shelter shall be accompanied by a management plan, which shall establish hours of operation, staffing levels and training procedures, maximum length of stay, size and location of exterior and interior onsite waiting and intake areas, admittance and discharge procedures, provisions for on-site or off-site supportive services, on-site and off-site security procedures, and protocols for communications with local law enforcement agencies and surrounding property owners.
  • B.
    Requirements for a Large Residential Care Facility. Large residential care facilities shall conform to the following requirements:
    1. 1.
      A Large Residential Care Facility may only be located within a zone that permits them.
    2. 2.
      All facilities shall comply with the development standards of the zone which they are located.
    3. 3.
      Separation. Minimum distance from any other Residential Facility shall be 300 feet as specified by State Health and Safety Code Section 1267.9.
    4. 4.
      Parking shall be provided in accordance with the applicable requirements of the primary residential use of the property. Refer to Section 17.44.020.
    5. 5.
      Restrictions to ensure compliance with City noise regulations (Municipal Code Chapter 8.24) may be placed on the operation of the care facility, including but not limited to the time and location of outdoor activities.
    6. 6.
      Adequate space for loading and unloading persons shall be available or shall be provided on the site.
    7. 7.
      Management shall ensure that a manager is on duty at all times the facility is operating.
    8. 8.
      The applicant shall submit a Programming Plan to detail daily operations.
  • (Ord. # 23-1471 §36, adopted 11/14/2023, effective 08/05/2024) 

    Effective on: 8/5/2024

    17.42.240 Low barrier navigation centers.

  • A.
    The purpose of this chapter is to establish development standards for low-barrier navigation centers and to ensure this use is constructed and operated in a manner that is consistent with the requirements and allowances of state law, specifically Article 12 of Chapter 3 of Division 1 of Planning and Zoning Law commencing with California Government Code Section 65660.
  • B.
    The provisions of this chapter shall apply to all low-barrier navigation center projects.
  • C.
    An Administrative Permit in accordance with Chapter 17.55 is required prior to establishment of any low-barrier navigation center project meeting either of the following criteria. The permit shall be a ministerial action without discretionary review or a hearing. The City shall notify a developer whether the developer’s application is complete within 30 days, pursuant to California Government Code Section 65943. Action shall be taken within 60 days of a complete application being filed.
  • D.
    A low-barrier navigation center development is a use by-right in areas zoned for mixed-use and nonresidential zones permitting multifamily uses, if it meets the following requirements:
    1. 1.
      Connected Services. It offers services to connect people to permanent housing through a services plan that identifies services staffing.
    2. 2.
      Coordinated Entry System. It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.
    3. 3.
      Code Compliant. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.
    4. 4.
      Homeless Management Information System. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System, as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.
  • (Ord. # 23-1471 §37, adopted 11/14/2023, effective 08/05/2024) 

    Effective on: 8/5/2024

    17.42.250 Work/live developments.

  • A.
    Purpose. This purpose of this section is to allow and establish requirements for work/live developments. Units within work/live developments are intended to allow for a non-residential primary use, with an accessory residential use, which together foster creative and innovative industrial uses.
  • B.
    Applicability. Work/live units are allowed in the M-1 zoning district.
  • C.
    General Provisions.
    1. 1.
      Work/live units must be located in a development, building, or structure approved and permitted for such use. This section is not intended to allow conversion of non-residential spaces in a fully non-residential building into full or partial residential spaces.
    2. 2.
      For project sites in the Housing Element (--HE) Overlay, a minimum of 50% of the total floor area must be allowed for residential space.
    3. 3.
      The non-residential component of work/live units must comply with the uses set forth in Section 17.28.020 (Permitted uses).
    4. 4.
      The non-residential and the residential units must be occupied by the same tenant.
    5. 5.
      Residential areas are permitted above or behind the non-residential component, provided that there is internal access between the residential and non-residential unit.
    6. 6.
      The non-residential component shall be operated indoors and shall not be conducted in any required yard or parking area.
    7. 7.
      Signage intended to promote on-site non-residential uses shall comply with Section 17.50.150.
    8. 8.
      The external access for the non-residential component shall be oriented to the street and should have at least one external entrance/exit separate from the residential space. The entrance to the non-residential component shall be located on the ground level.
    9. 9.
      The work/live unit shall be required to provide parking in accordance with Chapter 17.44 (Off-Street Parking).
    10. 10.
      The non-residential use shall not generate external noise, odor, glare, vibration or electrical interference detectable to the normal sensory perception by adjacent neighbors.
    11. 11.
      No explosive, toxic, combustible or flammable materials in excess of what would be allowed incidental to normal residential use shall be stored or used on the premises.
  • D.
    Short term rentals prohibited. It shall be unlawful for any person to offer or make available for rent or to rent (by way of a rental agreement, lease, license or any other means, whether oral or written) for compensation or consideration a residential dwelling, a dwelling unit or a room in a dwelling for less than thirty (30) consecutive days. It shall be unlawful for any person to occupy a residential dwelling, a dwelling unit or a room in a dwelling for less than thirty (30) consecutive days pursuant to a rental agreement, lease, license or any other means, whether oral or written, for compensation or consideration.
  • (Ord. # 23-1471 §38, adopted 11/14/2023, effective 08/05/2024; Ord. # 24-1481 §2, adopted 07/23/2024, effective 08/22/2024) 

    Effective on: 8/22/2024

    17.42.260 Building design guidelines.

  • A.
    Articulation. No façade facing a public right-of-way shall run in a continuous plane of more than 10 feet without incorporating one or more of the following:
    1. 1.
      A vertical wall shift at least two feet in depth.
    2. 2.
      A change in material. The material change shall be a minimum of three feet wide and a minimum of one story.
    3. 3.
      A window or building entrance.
    4. 4.
      A projection such as a stoop, bay, or overhang.
    5. 5.
      Alternative designs to accommodate a complete architectural style may be approved through the Modification process provided adequate design features have been incorporated to create visual variety and avoid a bulky or monolithic appearance.
  • (Ord. # 23-1471 §39, adopted 11/14/2023, effective 08/05/2024) 

    Effective on: 8/5/2024