The purpose of a conditional use permit shall be:

1. A.
   To assure that the degree of compatibility shall be maintained with respect to the particular use on the particular site and in consideration of other existing and potential uses within the general area in which such use is proposed to be located; and
2. B.
   To recognize and compensate for variations and degree of technological processes and equipment as related to the factors of noise, smoke, dust, fumes, vibration, odors and hazards. (Prior code Appx. A, §1404)

Effective on: 1/1/1901

Approval of a use permit is required for uses or developments specifically identified in any section of this Title which requires a use permit.

(Ord. # 23-1471 §43, adopted 11/14/2023, effective 08/05/2024) 

Effective on: 8/5/2024

In reviewing any conditional use permit for any use, the following criteria for granting said permit shall be considered:

1. A.
   Distance from existing residential uses;
2. B.
   The amount of existing or proposed off-street parking facilities, and its distance from the proposed use;
3. C.
   Location of and distance to churches, schools, hospitals and public playgrounds;
4. D.
   The combination of uses proposed;
5. E.
   Precautions taken by the owner or operator of the proposed establishment to assure the compatibility of the use with surrounding uses;
6. F.
   The relationship of the proposed business-generated traffic volume and the size of streets serving the area;
7. G.
   The proposed exterior signs and decor, and the compatibility thereof with existing establishments in the area;
8. H.
   The number of similar establishments or uses within close proximity to the proposed establishment;
9. I.
   Noise, odor, dust and/or vibration that may be generated by the proposed use;
10. J.
    Impact of the proposed use to the City’s infrastructure, and/or services;
11. K.
    Will the establishment contribute to a concentration of similar outlets in the area;
12. L.
    Other considerations that, in the judgment of the planning commission, are necessary to assure compatibility with the surrounding uses, and the City as a whole.

(Ord. # 23-1471 §43, adopted 11/14/2023, effective 08/05/2024) 

Effective on: 8/5/2024

The planning commission must make all of the following findings to approve or conditionally approve a use permit application. The inability to make one or more of the findings is grounds for denial of an application.

1. A.
   The proposed use is allowed within the applicable zone and complies with all other applicable provisions of this Title and all other titles of the Hermosa Beach Municipal Code;
2. B.
   The proposed use is consistent with the General Plan and any applicable specific plan;
3. C.
   The proposed use will not be averse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements;
4. D.
   The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses and circulation in the vicinity; and
5. E.
   The site is physically suitable for the type of the use being proposed, including access, utilities, and the absence of physical constraints.

(Ord. # 23-1471 §43, adopted 11/14/2023, effective 08/05/2024) 

Effective on: 8/5/2024

Upon the filing of an application for a conditional use permit by a property owner, or by a lessee with the written consent of the property owner, due notice of public hearing shall be given at least ten calendar days prior to said hearing in accordance with requirements to be established by resolution of the city council. (Prior code Appx. A, §1405)

Effective on: 8/1/2024

Not more than twenty (20) days following the public hearing on a conditional use permit, nor more than twenty (20) days following the filing of an application for a conditional use permit where no hearing is required, the planning commission shall announce its findings by formal report and said report shall recite, among other things, the facts and reasons which, in its opinion, make the granting or denial of the conditional use permit necessary to carry out the provisions and general purpose of this title, and shall order that the conditional use permit be granted or denied, and if such report orders that the conditional use permit be granted, it shall also recite such conditions and limitations as it may impose. (Prior code Appx. A, §1406)

Effective on: 8/1/2024

The formal report of the planning commission announcing its decision on a conditional use permit shall be numbered consecutively in the order of filing and shall become a permanent record in the file of the planning commission. (Prior code Appx. A, §1407)

Effective on: 8/1/2024

Not later than ten days following the rendering of a decision ordering that a conditional use permit be granted or denied, a copy of the report shall be mailed to the applicant and his attorney at the address shown on the application filed with the planning commission. (Prior code Appx. A, §1408)

Effective on: 8/1/2024

The order of the planning commission in granting or denying a conditional use permit shall become final and effective ten days from the date of the succeeding city council meeting at which it is determined whether or not to review the decision of the planning commission pursuant to Section 2.52.040 of this code until within such ten-day period an appeal in writing is filed with the council by any person dissatisfied with the decision of the planning commission. The filing of such appeal within such time shall stay the effective date of the order of the planning commission until such time as the council has acted on the appeal as hereinafter set forth in this title. (Ord. 95-1145 §2 (part), 1995; prior code Appx. A, §1409)

Effective on: 8/1/2024

Upon receipt of a written appeal filed with the council as provided herein, the planning commission shall thereupon transmit to the council the planning commission's complete record of the case. (Prior code Appx. A, §1410)

Effective on: 8/1/2024

Within not to exceed forty (40) calendar days following filing of a written appeal, the city council shall conduct a duly advertised public hearing, public notice of which shall be given at least ten calendar days prior to said hearing in accordance with requirements established by resolution of the council. (Prior code Appx. A, §1411)

Effective on: 8/1/2024

City council shall announce its findings and decision within a reasonable time, but not to exceed sixty (60) days, following the close of the public hearing, unless good cause is shown for the extension of time and the applicant or opponent or both are notified of this extension and the reasons therefor. The findings and decision shall recite the facts and reasons which in the opinion of the city council make the approval or denial of the conditional use permit necessary to carry out the general purpose of this title, and shall order that the conditional use permit be granted, denied or modified subject to such conditions or limitations that it may impose. City council may incorporate by reference all or part of any findings of any commission, hearing officer or administrative officer without expressly setting forth in full the findings of said commission, hearing officer or administrative officer if the findings of said commission, hearing officer or administrative officer are in writing and on file with the city clerk and made a part of the permanent record of the city.

If the city council does not announce its findings and decision, notice shall be given by mail to the applicant or opponent, or to both if they be different parties, of when the findings and decision will be made so that the applicant or opponent or both may be present at the meeting when said findings and decision are announced. (Prior code Appx. A, §1412)

Effective on: 8/1/2024

The action by the city council on such matters shall be by three affirmative votes of the council, and shall be final and conclusive except:

1. A.
   The city council may approve, modify or disapprove the recommendation of the planning commission; provided, that any modification of a proposed conditional use permit, precise development plan, variance, height limit exception, nonconforming remodel, parking plan, permitted use request or other similar discretionary land use matter, by the council may be referred back to the planning commission for report and recommendation, and the planning commission shall not be required to hold a public hearing thereon. Failure of the planning commission to report to the city council within forty (40) days after the reference, or such longer period as may be designated by the city council, shall be deemed to be approval of the proposed modification.
2. B.
   Upon return of the matter to the city council, the city council may by three affirmative votes of the council, approve, modify or disapprove the final recommendation of the planning commission on such matters. (Ord. 94-1109 §1, 1994: prior code Appx. A, §1413)

Effective on: 8/1/2024

Not later than thirty (30) days following the final decision of the city council that a conditional use permit be granted or denied, notice of such action shall be mailed to the applicant or opponent, or both if they be different parties, and one copy shall be attached to the planning commission's file of the case and said file returned to the planning commission for permanent filing. Failure to give notice shall not affect the decision rendered in these matters. (Prior code Appx. A, §1414)

Effective on: 8/1/2024