HomeMy WebLinkAboutORD NO. 15-1349 (RETAIL SALES-DISPLAYS)1
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ORDINANCE NO. 15-1349
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
AMENDING THE MUNICIPAL CODE, CHAPTER 12.16, ADDING
PROVISIONS TO ALLOW AND REGULATE RETAIL SALES/DISPLAY
ENCROACHMENTS ON PIER PLAZA, AND AMENDING CHAPTER
17.26 FOR CONSISTENCY
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES ORDAIN
AND ORDER AS FOLLOWS:
SECTION 1. Section 12.16.100 of Chapter 12.16 of Title 12 of the Hermosa Beach
Municipal Code is amended to read as follows:
12.16.100 Commercial encroachments —Retail display areas.
Use of the Pier Plaza (including Loreto Plaza) public right-of-way for commercial outdoor
retail display areas may be permitted subject to issuance of an encroachment permit in compliance
with this Chapter, and subject to the following conditions:
A. General Provisions. Every encroachment permit for commercial outdoor retail display areas
shall ensure the following:
1. Provides for and maintains an area for passage of pedestrian traffic;
2. Does not inconvenience pedestrian traffic;
3. Conforms to all applicable health codes and this Code;
4. Applicant to pay all appropriate fees, including but not limited to rental fees;
5. Applicant to maintain and keep in force at all times a policy of liability insurance,
naming the city as an additional insured in the amount of one million dollars ($1,000,000.00); and
6. Applicant to pay restorative costs, if applicable, in an amount to be determined by the
Director of Public Works, plus administrative costs.
B. Retail Uses. The encroachment area shall be managed, operated, and maintained as an
integral part of the adjacent retail establishment.
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1. For purposes of this section, retail establishment generally means a commercial
establishment that sells or offers a product available on -site in the adjacent retail establishment.
The following types of businesses are not eligible for encroachment permits:
a. Businesses such as grocery, convenience, drug, and liquor stores,
tobacco/smoke shops, second hand stores, or adult businesses as defined in Section 17.04.060.
b. Businesses where retail sales are secondary to the primary service function,
such as beauty salons, personal services, or repair businesses, are not eligible for encroachment
permits.
c. Third party vendors, concessions, seasonal or other promoters, solicitors, or any
other business, product or service promoted or offered by any entity or party other than the
business owner to whom the encroachment permit was issued, are not permitted within the
encroachment area.
2. In addition, the following items or types of activities are not permitted within the
encroachment area:
type.
a. Food or beverages of any type, whether pre -packaged or not.
b. Alcoholic beverages or tobacco or smoking products or paraphernalia of any
c. Hazardous or controlled substances or goods, or goods or services that cannot
be sold to minors with or without parental permission.
d. Adult paraphernalia of any kind.
e. Display of information or signs about a product or service is not allowed; rather,
products available for sale at the business may be displayed.
f. Products or services shall not be demonstrated within the encroachment area.
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g. Rental or sale of any used merchandise.
C. Design and Operational Standards and Limitations. Encroachments for commercial)
outdoor retail display areas shall comply with Section 12.16.060 and the following design
operational standards and limitations:
1. Encroachment areas shall be available for and located adjacent to ground floor
businesses. The encroachment area on Pier Plaza shall not exceed thirteen (13) feet in depth.
encroachment area on Loreto Plaza shall not exceed five (5) feet in depth. The encroachment
shall not exceed the width of the tenant space frontage. The encroachment area for any
space fronting Pier Plaza is restricted to the Pier Plaza frontage only.
2. Barriers around encroachment areas on Pier Plaza with a maximum height of 42 inches
shall be provided, provided that barriers shall not be installed or allowed on Loreto Plaza. Each
perimeter barrier shall use the same design and materials on all sides. Barriers shall be attractive
with a quality appearance, made of new materials such as wood and wrought iron. Barriers shall
be of a permeable design that allows for visibility of merchandise through the barrier. Chain -link
fencing or other low quality materials are not permitted. The elevation of the encroachment area
shall not be altered. No modification to the surface of the right-of-way, such as resurfacing,
texturing or borings, shall be made.
3. Awnings may extend over the entire depth (maximum thirteen (13) feet on Pier
and five (5) feet on Loreto Plaza) and width of the encroachment area. Awnings must be
to cover not more than fifty (50) percent of the encroachment area depth when the business
closed or the encroachment area is not in use. No portion of an awning shall be less than eight (8)
feet above the paved surface. A building permit must be obtained prior to installation of an
awning. Awnings shall not provide signage and shall be maintained in good repair at all times.
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4. Use of the encroachment area shall be limited to the hours of operation of the
adjacent retail establishment, not to exceed 7:00 a.m. to 11:00 p.m.
5. Outdoor retail displays/furnishings placed within the encroachment area shall
designed and limited as follows:
a. Tables or racks to display goods offered for sale may be placed in
encroachment area. Other furnishings such as umbrellas, shade canopies, light stands, planters
signs are not allowed. All furnishing within each individual encroachment area shall be of unifo
design and materials. All furnishings shall be of sturdy construction and maintained in good
condition at all times. Plastic merchandise display furnishings are not permitted unless of quality
non -plastic appearance.
b. Tables, racks or display furnishings, and merchandise, shall not exceed five (5)
feet in height provided that six (6) new surfboards not to exceed seven (7) feet in height may be
displayed vertically in a rack positioned against the exterior wall. Racks or shelf units individually
or placed end -to -end or in any configuration shall not exceed six (6) feet in length.
c. Merchandise/displays shall be contained and adequately secured so that
do not become windborne, create litter or breakage, spill, drip, or create any health or s
impact.
d. All merchandise within the encroachment area, including any attached to the
building, must be removed daily when the business is closed.
e. ATM machines, food service units, vending machines, podiums or stands from
which to conduct sales, and similar furnishings are not permitted within the encroachment area.
f. No entertainment, music, audio speakers, televisions, or visual media of
type, whether amplified or unamplified, shall be located within the encroachment area.
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6. The layout of the encroachment area shall not impede ingress or egress, and shall
fully accessible to the physically disabled, as required by the California Building Code, Title 24
Disabled Access Standards, any other requirements of law, and the City Fire Chief.
7. A clear, continuous pedestrian path not less than five (5) feet in width or more as
deemed appropriate by the Director of Public Works for pedestrian circulation outside of the
encroachment area, shall be maintained at all times. As used herein, pedestrian path means a
continuous obstruction -free sidewalk area between the outside boundary of the encroachment
any obstructions, including but not limited to street trees or planters, utility poles and
furniture.
8. All outdoor retail displays and allowed objects shall be maintained free of
or conditions that pose a hazard to pedestrians or vehicles, and ensure visually
pedestrians can detect the objects safely. No appendage shall extend outside the encro
area. No persons including customers shall place anything within or near the encroachment area
that could pose a tripping hazard or interfere with accessibility.
9. The encroachment area shall be maintained in a neat and clean manner, free of litter
and graffiti, at all times. The business shall actively monitor the area and promptly remove li
and other trash.
10. Surfaces in and around the encroachment area shall be swept during the business day
as needed and at the end of each business day. Cleaning shall comply with good housekeeping best
management practices approved by the Director of Public Works in accordance with Chapters 8
and 8.56. Under no circumstances shall debris or runoff be swept, washed, or blown into
sidewalk, gutter, storm drains, or street.
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11. The Director of Public Works may issue the encroachment permit only aft(
determining that the request complies with the standards and provisions of this section, any othe
requirements applicable to the use set forth in the Municipal Code, and as follows:
a. Information on the proposed retail uses and conduct of the use, the types
products to be displayed within the encroachment area, a dimensioned floor plan that clearly
designates where each merchandise display will be located, and the design of barriers, awning and
types of furnishings within the encroachment area, shall be submitted with the encroachment
permit application. Changes to the retail use, floor plan, furnishings, barriers and awnings must be
submitted and approved in advance. Deviation from the approved plan may result in revocation
the encroachment permit.
b. Use of the encroachment area shall not adversely affect the welfare of the
nearby residents or commercial establishments.
c. The type of retail uses that are allowed within the encroachment areas, the final
f location and configuration of the encroachment area, and the barriers, awnings and display
furnishings within the encroachment area, shall be subject to approval by the Director of Public
Works, after obtaining written concurrence of the Community Development Department, and
determining that the request complies with the standards and provisions of this section and any
other requirements applicable to the use set forth in the Municipal Code. The Director of Public
Works may attach conditions to ensure the use and its design conform to these standards and
mitigate public health, safety, access and convenience impacts unique to the specific location.
d. An encroachment permit granted pursuant to this section shall preclude
issuance of any additional encroachment permit pursuant to Section 12.16.090.
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renewed.
e. The encroachment permit shall be valid for one year and may be annually
f. The encroachment permit is issued to the business owner, does not create a
vested right, and shall be revocable by the City at any time without a showing of cause or prior
notice by the City. Upon a finding of noncompliance with any condition of granting an
encroachment permit, or upon revocation of an encroachment permit, the encroachment permit
shall not be renewed and a new encroachment permit shall not be granted for a period of one year.
g. Upon termination of the encroachment permit, the permittee shall remove the
barrier, return the pavement to its original condition, and remove all personal property and
furnishings from the right-of-way.
12. Deviations from the standards set forth in this section may be allowed pursuant to a
conditional use permit granted in compliance with Chapter 17.40.
SECTION 2. The following use is added to the alphabetical table of uses in Section
17.26.030 of Chapter 17.26 of Title 17 of the Hermosa Beach Municipal Code as follows:
USES
Cl
C2
C3
See Section
Outdoor retail sales/display areas (accessory to
P
17.26.050.B.7
establishments on Pier Avenue public right -of-
12.16.100
way —includes Loreto Plaza)
SECTION 3. Subsection 7 of Section B of Section 17.26.050 of Chapter 17.26 of Title 17
of the Hermosa Beach Municipal Code is added to read as follows:
B.7. Outdoor retail sales/displays located adjacent to a retail establishment, authorized by
an Encroachment Permit for use of the public right-of-way obtained pursuant to Section 12.16.100
of the Municipal Code. Deviation from the standards in Section 12.16.100 may be
pursuant to a conditional use permit, issued in compliance with Chapter 17.40.
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SECTION 2. This Ordinance shall become effective and be in full force and in
from and after thirty (30) days of its final passage and adoption.
SECTION 3. Prior to the expiration of fifteen (15) days after the date of its adoption, I
City Clerk shall cause this Ordinance to be published in the Easy Reader, a weekly newspaper
general circulation, and circulated in the City of Hermosa Beach in the manner provided by law.
SECTION 4. The City Clerk shall certify to the passage and adoption of this Ordinance,
shall enter the same in the book of original Ordinances of said City, and shall make minutes of the
passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
PASSED, APPROVED and ADOPTED this 24th day of March, 2015 by the
vote:
AYES: Barragan, DiVirgilio, Fangary, Petty, Mayor Tucker
NOES: None
ABSENT: None
ABSTAIN: None 1 �,
PRESIDENT of the City Council and MAYOR Of the City of Hermosa Beach, California
ATTEST:
City Clerk
VED AS TO FORM:
City Attorney `
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15-1349
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF HERMOSA BEACH )
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 15-1349 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 24th day of March, 2015, and
said Ordinance will be published in the Easy Reader newspaper on April 2, 2015.
The vote was as follows:
AYES: Barragan, DiVirgilio, Fangary, Petty, Mayor Tucker
NOES: None
ABSENT: None
ABSTAIN: None
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DATED: March 24, 2015
City Clerk