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ORDINANCE NO. 14-1345
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, AMENDING THE MUNICIPAL CODE, CHAPTER
17 (ZONING), TO ALLOW LIMITED OUTDOOR SEATING ACCESSORY
TO FOOD ESTABLISHMENTS ON PRIVATE PROPERTY IN C-1, C-2 AND
SPA-11 ZONES SUBJECT TO AN ADMINISTRATIVE PERMIT AND
DETERMINATION THE PROJECT IS CATEGORICALLY EXEMPT FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. The use category "Outdoor seating, limited (accessory to food
establishments on private property)" in the alphabetical list of uses in Section 17.26.030 of
Chapter 17.26 of Title 17 of the Hermosa Beach Municipal Code is amended to read as follows:
USE
C1
C2
C3
See Section
Outdoor seating, limited (accessory to food
establishments on private property)
p
p
p
I 17.26.050(B)(6)
SECTION 2. Subsection (B)(6) of Section 17.26.050 of Chapter 17.26 of Title 17 of the
Hermosa Beach Municipal Code is amended to read as follows:
B.6. Limited outdoor seating for the purposes of food consumption, accessory to food
establishments on private property, shall be allowed with approval of a permit from the
Community Development Department, subject to the standards and limitations in this subsection.
Food establishments include snack shops, restaurants, food and beverage markets, supermarkets,
bakeries, or similar establishments that offer food or beverages, as determined by the Community
Development Director.
a. Administrative Permit Required.
i. Prior to the establishment of any limited outdoor seating area accessory
to any food establishments on private property, an administrative permit shall be required pursuant
to Chapter 17.55 except as otherwise stated in this section. An application shall be filed with the
Community Development Department in writing upon a form furnished by the department. The
application shall include a site plan and drawings and information showing location, furnishings
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and seating arrangement in sufficient detail to demonstrate the compliance with this section,
accompanied by a fee set by Resolution of the City Council.
ii. The Community Development Director may issue the administrative
permit only after 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, provided
that, where limited outdoor seating is comprised of seating on private property and the public
right-of-way, the standards applicable to limited outdoor seating on the public right-of-way in
Section 12.16.0900 shall govern on the private property.
iii. The permit shall lapse, and be of no force and effect, and a new
administrative permit shall be required for outdoor seating whenever there is a change in food
establishment ownership, change in the nature or scope of the business, the permitted food
establishment does not operate for a period of more than six (6) months, or the Community
Development Director determines, based on substantial evidence, that the food establishment
operation no longer meets the standards set forth in subsection (B)(6)(b) of this section.
b. Standards and Limitations. The location, design and operation of the limited
outdoor seating area shall comply with all of the following:
i. Outdoor seating shall be incidental and accessory to food establishments
for patrons of the food establishment to consume food or beverages purchased during the hours
that food or beverages are offered for sale, but not to exceed 7:00 a.m. to 11:00 p.m. in the C-3
zone and zones that allow C-3 uses, or 7:00 a.m. to 10:00 p.m. in the other zones where this use is
permitted. Employee break areas physically separated and restricted from public use are regulated
by subsection (B)(3) of this section above.
ii. The outdoor seating area authorized by this subsection (B)(6) shall not
exceed a total of two hundred (200) square feet of floor area per business or tenant space, and shall
not contain more than one (1) seat per fifteen (15) square feet of area. Where the outdoor seating
area is located on both private property and the public right-of-way, the cumulative outdoor
seating area shall not exceed (200) square feet of floor area and shall not contain more than one (1)
seat per fifteen (15) square feet of area. Seating shall not be reserved, and waiter/waitress table
service shall not be provided. Additional parking is not required.
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iii. The outdoor seating area shall be located proximate to the business
providing the seating, such as adjacent to the building, within courtyards, or on balconies or decks,
excluding any roof deck. Outdoor seating areas shall not be arranged so as to create food courts.
Outdoor seating areas shall not reduce, be located within, or damage any required landscaped
I area.
iv. Alcoholic beverages shall not be offered, sold or consumed within the I
outdoor seating area.
v. No entertainment, music, speakers, televisions, or audio or visual media
of any type, whether amplified or unamplified, shall be provided within the outdoor seating area or
situated so as to be clearly visible to the outdoor seating area.
vi. The location and use of the outdoor seating area shall not obstruct the
movement of pedestrians, goods or vehicles; required parking spaces; driveways or parking aisles;
entrances; legal signs; utilities or other improvements. A minimum four (4) foot wide pedestrian
path shall be maintained, unless otherwise required by law. When located adjacent to parking
spaces, driveways or parking lot aisles, a physical barrier such as curb or railing shall be provided.
vii. Furnishings shall be strictly limited to chairs, benches and tables, and
single pole table umbrellas designed for outdoor use. Extraneous objects, such as portable shade
canopies, podiums, heat lamps, and service objects, are not allowed. All furnishings and barriers
shall be maintained free of appendages or conditions that pose a hazard to pedestrians and
vehicles.
viii. All furnishings shall be maintained in good condition at all times. The
area shall be supplied adequate solid waste management containers and maintained in a neat and
clean manner, free of litter and graffiti, at all times.
ix. Any lighting provided for the use shall be extinguished no later than
11:00 p.m. in the C-3 zone and zones that allow C-3 uses, or 7:00 a.m. to 10:00 p.m. in the other
zones where this use is permitted, and shall be high -efficiency, the minimum intensity necessary,
fully shielded (full cutoff) and down cast (emitting no light above the horizontal plane of the
fixture), not create glare or spill beyond the property lines, and the lamp bulb shall not be directly
visible from within any residential unit.
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x. The use of water for cleaning the area shall conform to Chapter 8.56 I
I Water Conservation and Drought Management Plan, and shall be minimized and any runoff
1 generated shall drain to the sewer system only and shall under no circumstances drain to the 1
stormwater system.
xi. Noise emanating from the property shall be within the limitations I
prescribed by Chapter 8.24 and shall not create a nuisance to surrounding residential
neighborhoods, and/or commercial establishments. The outdoor seating area shall not adversely
I affect the welfare of the residents or commercial establishments nearby.
xii. The design and use of the outdoor seating area shall conform to all
building, fire, zoning, health and safety and other requirements of the Municipal Code and all
other requirements of law.
c. Conditional Use Permit. Any deviation from the standards listed in this
subsection shall require a conditional use permit in compliance with Chapter 17.40.
SECTION 3. The use category "Outdoor seating, limited (accessory to food
establishments on private property)" in the alphabetical list of uses in Section 17.38.540 of
Chapter 17.38 of Title 17 of the Hermosa Beach Municipal Code is amended to read as follows:
USE P/ See Section
U
Outdoor seating, limited (accessory to food p 17.26.050(B)(6)
establishments on private property)
SECTION 4. The project is Categorically Exempt from the California Environmental
Quality Act pursuant to CEQA Guidelines, Section 15311, Class 11 because the proposed use is an
accessory use, the scale of the proposed use is very limited, the opportunities to establish this use are
limited due to the number of food establishments and small lot sizes in the applicable zones, the
potential locations are comprised of developed urban lots, and the proposal does not have the
potential for impacts such as neighborhood compatibility, parking, noise, litter, accessibility and
aesthetics due to the standards applied to the use as documented the environmental negative
declarations that were adopted for text amendments for limited outdoor dining in the C-3 and
related zones and on the public right-of-way adjacent to all commercial zone including the subject
zones, finding that the standards applied to limited outdoor seating in those locations alleviated
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any impacts, and further, that the activity already permitted in other zones has not caused any
impacts or problems.
SECTION 5. This Ordinance shall become effective and be in full force and in effect
from and after thirty (30) days of its final passage and adoption.
SECTION 6. Prior to the expiration of fifteen (15) days after the date of its adoption, the
City Clerk shall cause this Ordinance to be published in the Easy Reader, a weekly newspaper of
general circulation published and circulated, in the City of Hermosa Beach in the manner provided
by law.
SECTION 7. 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.
SECTION 8. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge
to the decision City Council must be made within 90 days after the final decision by the City
Council.
PASSED, APPROVED and ADOPTED this 28th day of January, 2014 by the following vote:
AYES: Barragan, Fangary, Petty, Tucker, Mayor DiVirgilio
NOES: None
ABSENT: None
ABSTAIN: None
PRE
I ATTEST:
} City Clerk
of the City Council and MAYOR of the City of Hermosa Beach, C;alitornia
1
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APPROVED AS
FORM:
:��
14-1345
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. 14-1345 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 28th day of January, 2014.
The vote was as follows:
AYES: Barragan, Fangary, Petty, Tucker, Mayor DiVirgilio
NOES: None
ABSENT: None
ABSTAIN: None
DATED: January 28, 2014