HomeMy WebLinkAboutORD NO. 13-1341
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ORDINANCE NO. 13-1341
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH AMENDING THE MUNICIPAL CODE TO ALLOW AND REGULATE
MINOR SPECIAL EVENTS ON PRIVATE PROPERTY, AND VARIOUS
AMENDMENTS FOR CONSISTENCY, AND ADOPTION OF AN
ENVIRONMENTAL NEGATIVE DECLARATION
The City Council of the City of Hermosa Beach does ordain as follows:
SECTION 1. The following definitions in Section 17.04.050 of Chapter 17.04 of Title 17
of the Hermosa Beach Municipal Code are amended to read as follows:
Entertainment, Live. "Live entertainment" means the provision of live performances
including without limitation all forms of music, theatrical or comedic performance, song, dance, or
vocal entertainment by a disc jockey or announcer, participated in by one or more employees,
guests, customers, or any other person or persons. Acoustic, unamplified, non-percussive
background music provided accessory to an established onsite use during normal business hours
by a maximum of two persons without advertisement and without charge is excluded.
Entertainment, Special Performances. "Special performance entertainment" means
temporary or short term live entertainment. Acoustic, unamplified, non-percussive background
music provided accessory to an established onsite use during normal business hours by a
maximum of two persons without advertisement and without charge is excluded.
SECTION 2. Section 17.42.150 is added to Chapter 17.42 of Title 17 of the Hermosa
Beach Municipal Code to read as follows:
17.42.150 Temporary minor special events. Minor special events allowed pursuant to
this section may be permitted with an administrative permit pursuant to Chapter 17.54 subject to
the requirements of this section.
A. Definitions.
1. Related use: A use that promotes, benefits or is related to the onsite use and is
conducted during the normal business hours of the onsite use, as determined by the Community
Development Director.
2. Unrelated use: A use that does not promote or benefit or is unrelated to the onsite use,
or is not conducted during the normal business hours of the onsite use, as determined by the
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Community Development Director.
B. Uses allowed.
1. The types of uses allowed shall be generally limited to uses and activities allowed in
commercial zones as permitted or conditional uses, as determined by the Community
Development Director.
2. Uses prohibited include those uses prohibited by Title 17, adult uses, and 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.
C. Administrative Permit required.
1. Minor special events allowed pursuant to this section may be permitted with an
administrative permit pursuant to Chapter 17.54 in the C-1, C-2 and C-3 zones, M-1 zone, SPA
zones that allow C-3 uses, SPA-11 zone, and in R zones on property developed with
nonresidential uses. The use is additionally allowed without an administrative permit in OS zones
accessory to Hermosa Beach City School District facilities compliant with the regulations in this
section, provided the use is approved by the school principal.
2. The application shall specify the specific days and hours for which the use is requested.
3. The administrative permit shall be issued only to the property owner, business owner or
business license holder, and the permit holder shall be physically present on the property for the
duration of the use including set up and break down.
4. The proposed use may be conditioned to mitigate impacts to the surrounding area and
provision of services, relating to number of people, traffic generated, 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.
5. 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 of the conditional use permit or parking plan.
6. The duration of any issued administrative permit shall not exceed one hundred eighty
(180) calendar days.
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7. The administrative permit may be revoked or modified with only a 24-hour 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 his/her determination that the event
is causing a violation of State law or is violating one or more conditions of approval, or a
determination that the event has become a threat to public safety.
8. In the event an administrative permit has been revoked or documented problems have
occurred or not been timely abated, the Community Development Director may deny a future
application for a similar event on the same property within a one year period.
9. Any deviation from the standards and limitations in subsection D of this section shall
require a conditional use permit in compliance with Chapter 17.40.
D. Standards and limitations. Minor special events may be permitted with an administrative
permit in compliance with the following standards and limitations:
1. All elements of the use shall be contained on the subject site.
2. Frequency and duration of use.
a. Outdoor entertainment and assembly events, such as carnivals, concerts, fairs,
farmers’ markets, festivals, food events, fundraisers, live entertainment, outdoor sporting events,
public relations activities, flea markets or rummage sales, and other similar outdoor events, when
unrelated to the established onsite use: Maximum of four (4) times per year, limited to a
maximum of seven (7) days each.
b. Outdoor display or exhibit events, such as art, cultural, and educational displays,
arts and crafts exhibits, when unrelated to the established onsite use: Maximum of four (4) times
per year, limited to a maximum of seven (7) days each.
c. Outdoor sales events related to an existing onsite business: Maximum of four (4)
sales per year, each limited to three (3) consecutive days each.
d. Special events that include an activity that normally requires a discretionary permit
in the subject zone or is currently limited or prohibited by a discretionary permit or license granted
on the site (such as amplified music, outdoor tents, provision or sale of alcoholic beverages, other
conditional uses): Maximum of four (4) times per year at any site, limited to three (3) consecutive
days each.
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e. Indoor activities promoting or related to the established onsite use. May include
limited outdoor display or activity to attract people to the business, where crowds are not
anticipated. May include an activity that normally requires a discretionary permit in the subject
zone: Maximum of twelve (12) times per year at any site, limited to three (3) consecutive days
each.
f. Similar temporary special events determined by the decision making body to be
compatible with the zoning district and surrounding land uses: Limited to the number of
occurrences and days applicable to the similar type of activity.
g. Mobile food vendors proposed in conjunction with a minor special event shall be
described in the application for the minor special event and shall comply with the requirements of
this section.
3. Hours.
a. In the C-2, C-3, SPA zones that allow C-3 uses, and SPA-11 zone when related to
the established onsite use: Same as the customary operating hours of the use. When unrelated to
the onsite use or not within a building: 8:00 a.m. to 10:00 p.m.
b. C-1, M-1, and R zones developed with nonresidential uses: 10:00 a.m. to 9:00 p.m.
c. Uses that may attract crowds or extend beyond allowed hours pursuant to a
conditional use permit may be restricted from operating on St. Patrick’s Day, July 4th, Cinco de
Mayo, New Year’s Eve or any other date where the Police Department determines the
accumulation of activities in the City may exceed its capacity to adequately protect public safety.
4. Alcoholic beverages. The sale, service or consumption of alcoholic beverages shall
obtain and display the appropriate Department of Alcoholic Beverage Control license or approval.
Outdoor activities involving alcoholic beverages shall be located a minimum of 300 feet from any
public school property between 7:00 a.m. and 6:00 p.m. on school days unless the school principal
has been consulted and any concerns are mitigated to the satisfaction of the City.
5. Entertainment. Amplified entertainment is limited to 10:00 a.m. to 9:00 p.m. for not
more than 4 hours in any day. Noise levels shall not exceed 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.
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6. Pedestrian access. The use shall be designed to provide safe, accessible pedestrian ways
a minimum of four feet wide, without encroaching on landscaping, required parking spaces and
vehicular ways. A physical barrier or layout plan may be may be required to reduce conflicts to
the satisfaction of the Community Development Director.
7. Parking.
a. A use that occupies required parking spaces shall not reduce existing parking by
more than ten percent excluding disabled spaces. When there are eleven spaces or less excluding
disabled spaces, the use may occupy one parking space, provided at least five spaces including one
disabled space remain unencumbered by the use.
b. When the use is related to the onsite use, no additional parking is required unless
the particular event is likely to create parking problems as determined by the Community
Development Director.
c. When the use is unrelated to the onsite use, parking adequate for the use, but not
less than ten spaces, shall be provided excluding disabled spaces.
8. Occupancy. The occupancy of any buildings, 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. Temporary structures such as tents shall be securely fastened
and comply with city codes.
9. Control over attendance is the responsibility of the permittee. Advertising and media to
attract people to the event shall be moderated to reduce the potential for impacts. Adequate
security shall be provided.
10. Temporary signs may be provided during the event, not to exceed one sign per one
hundred feet of street frontage with a maximum of two signs per frontage, not to exceed sixteen
square feet per sign. Additional temporary signage may be permitted with a sign permit issued in
compliance with Chapter 17.50.
11. Any lighting shall be shielded, downcast and directed onto the subject property. No
strobes or moving lights are permitted.
12. If the duration of the use exceeds one (1) hour or if seating is provided, then restroom
access for both employees and customers shall be provided on the property or a contiguous
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property for the duration of the use with directional signs thereto. No portable restrooms are
allowed.
13. The use shall provide refuse containers proximate to the use adequate to contain all
refuse generated by the operation of the use. The operator shall pick up all refuse generated by
such operation prior to vacating the site.
14. The site shall be cleaned of litter and any other evidence of the use on completion or
removal of the use, and shall thereafter be used in compliance with the provisions of this Title.
15. The use shall otherwise comply with all applicable state and local laws. Where
regulations conflict, the most restrictive shall apply.
16. The use shall comply with Chapter 8.44 of this Code and shall not discharge liquid or
solid waste to the environment or municipal storm water system.
17. The provision of food of beverages shall comply with Chapter 8.64 of this Code and
shall not be dispensed in polystyrene food service ware.
SECTION 3. Section 17.42.160 is added to Chapter 17.42 of Title 17 of the Hermosa
Beach Municipal Code to read as follows:
17.42.160 Temporary seasonal sales lots. Outdoor retail sales of holiday trees or seasonal
produce may be allowed with an administrative permit in the C-3 zone or zones that allow C-3
uses in conjunction with holidays or seasonal harvests for the following periods: Christmas trees:
Thanksgiving Day to December 26; pumpkin sales lots: September 30 to November 1; fresh
produce stands: not to exceed a 90 day period between May 1 and October 30.
SECTION 4. Section 5.04.060 of Chapter 5.04 of Title 5 of the Hermosa Beach
Municipal Code is amended to read as follows:
5.04. 060 License does not permit business otherwise prohibited.
The issuance of a license to any person shall not entitle the holder thereof to conduct any
business unless he has complied with all the requirements of this chapter and all other applicable
laws, nor to carry on any business in any building or on any premises designated in such license in
the event such building or premises are situated in a zone, or locality in which conduct of such
business is in violation of any law. Except, however, that licenses authorizing transient activities
including transient sales, parades, sports tournaments, non-permanent filming activities, and
special events not regulated by the zoning code shall code shall be allowed in conformance with
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all other requirements of the Municipal Code. Transient activities are defined as temporary, non-
permanent and of short duration. These transient activities do not constitute a permanent use of
land, but rather, only a temporary activity.
SECTION 5. Section 17.72.020 of Chapter 17.72 of Title 17 of the Hermosa Beach
Municipal Code is amended to read as follows:
17.72.020 No conflicting licenses or permits shall be issued.
All departments, officials or public employees vested with the duty or authority to issue
permits or licenses where required by law shall conform to the provisions of the zoning code;
except, however, that permits for transient activities including, transient sales, parades, sports
tournaments, nonpermanent filming activities, and special events not regulated by the zoning code
shall be allowed in conformance with all other requirements of the Municipal Code. Transient
activities are defined as temporary, nonpermanent and of short duration. These transient activities
do not constitute a permanent use of land, but rather, only a temporary activity. Except as
expressly provided herein, no such license or permit for uses, buildings or purposes where the
same would be in conflict with the provisions of the zoning code shall be issued. Any such license
or permit, if issued in conflict with the provisions thereof, shall be null and void.
SECTION 6. Chapter 17.55 is added to Title 17 of the Hermosa Beach Municipal Code to
read as follows:
Chapter 17.55 Administrative Permits.
17.55.010 Authority to grant.
The Community Development Department may grant administrative permits for all such uses
and matters required by this Title to be reviewed and allowed only upon the granting of an
administrative permit.
17.55.020 Purpose.
The purpose of an administrative permit is to ensure that a proposed use or matter for which an
administrative permit is required complies with the standards, limitations and other regulations
applicable to the subject use or matter.
17.55.030 Application filing.
Prior to the establishment of any use or grant of any or entitlement for which an administrative
permit administered by this section is required by this Title or Code, an application for an
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administrative permit, signed by a property owner, lessee or business owner shall be filed with the
Community Development Department upon a form furnished by the department. The application
shall include a site plan, drawings and information in sufficient detail to demonstrate compliance
with the regulations applicable to the subject use or matter, accompanied by a fee set by resolution
of the City Council.
17.55.040 Report of decision and findings.
Not more than thirty (30) days following the filing of a complete application for an
administrative permit, the Community Development Director shall issue the administrative permit
upon determining the request complies with the standards, limitations and other regulations in the
governing section, which may include the imposition of conditions and limitations to ensure the
permit is consistent with said requirements and protects the public health, safety and welfare; or
the Director shall deny the application and provide the applicant a written statement of the reasons
the permit cannot be issued. The applicant shall be advised in writing of the right to appeal the
Director’s decision pursuant to Section 17.55.050.
17.55.050 Effective date--Appeals.
A. Decisions of the Community Development Director may be appealed to the Planning
Commission by filing an appeal within fifteen (15) days of the Director’s decision, provided that
upon affixing the signature of the applicant to an issued permit, the permit shall become effective
and the right to appeal shall be waived. Appeals shall be filed in writing with the Community
Development Department accompanied by a fee set by resolution of the City Council. Notice of
hearing shall be given to the applicant at least ten (10) days prior to the hearing, unless the
applicant agrees to waive the requirement so that the matter may be heard at an earlier time. The
Commission’s review shall be limited to a determination of whether the application complies with
the requirements of the governing section. The filing of an appeal within such time shall stay the
effective date of the decision until the Commission has acted on the appeal. The Commission’s
decision shall be final and conclusive, unless the governing section specifically provides for a
direct or subsequent appeal to the City Council.
B. Appeals to the City Council shall be filed with the City Clerk accompanied by a fee set by
resolution of the City Council. The filing of an appeal within ten (10) days shall stay the effective
date of the decision until the Council has acted on the appeal as hereinafter set forth in this title.
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Upon receipt of a written appeal, the Planning Commission shall transmit to the Council the
Planning Commission's complete record of the case. Notice of hearing shall be given to the
applicant at least ten (10) days prior to the hearing, unless the applicant agrees to waive the
requirement so that the matter may be heard at an earlier time. The Council shall hear the matter
and render a determination as soon as reasonably practicable, but in no event later than sixty (60)
days after an appeal has been filed unless requested by the applicant. The Council’s review shall
be limited to a determination of whether the application complies with the requirements of the
governing section. 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 decision shall be final and conclusive.
17.54. 060 Reapplication upon denial.
After the denial of an administrative permit has become final, no further application for the
same administrative permit shall be filed for the same property for the ensuing six months, unless
the project has been revised so as to eliminate the decision making body’s previous objections to
the project. Said revision shall require a completely new application process and payment of fees.
17.54. 070 Revocation.
Any administrative permit may be revoked by the Director or the decision making body for any
of the following causes:
A. That any term or condition has not been complied with;
B. That the property for administrative permit has been granted is used or maintained in
violation of any statute, law, regulation or condition of approval;
C. That the use for which the administrative permit was granted has not been exercised for at
least twelve (12) consecutive months, or has ceased to exist, or has been abandoned; or
D. That the use for which the administrative permit was granted has been so exercised as to
be detrimental to the public health or safety or so as to constitute a nuisance.
A hearing to show cause why the permit should not be revoked shall be held by the issuing
body prior to the revocation of any administrative permit. Written notice shall be provided the
permit holder at least ten (10) days prior to the hearing stating the reasons therefore.
17.54.080 Expiration.
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An administrative permit shall expire at the conclusion of the permitted use or activity, not to
exceed one year from the effective date if no expiration or term is stated therein, and the property
shall thereafter be used in compliance with the provisions of this Title and Code.
SECTION 7. Pursuant to the California Environmental Quality Act, Title 14 of the
California Code of Regulations, an Initial Study and Negative Declaration were prepared for the
proposed project and based on the City’s independent judgment and analysis it is determined that
the Negative Declaration is complete and adequate and no significant impacts on the environment
would result from the project and the City Council hereby adopts the Negative Declaration.
SECTION 8. 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 (on August 9, 2013).
SECTION 9. 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 10. 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 9th day of July, 2013 by the following vote:
AYES: DiVirgilio, Duclos, Fishman, Tucker, Mayor Bobko
NOES: None
ABSENT: None
ABSTAIN: None
______________________________________________________________________________________________
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California
ATTEST: APPROVED AS TO FORM:
_______________________________________________ ________________________________________________
City Clerk City Attorney