HomeMy WebLinkAboutORD NO. 23-1463 (OUTDOOR DINING) Page 1 of 5 ORD NO. 23-1463
CITY OF HERMOSA BEACH
ORDINANCE NO. 23-1463
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, AMENDING CHAPTER 12.16 OF THE HERMOSA
BEACH MUNICIPAL CODE ESTABLISHING AN OUTDOOR DINING
PROGRAM AND MAKING PROCEDURAL CHANGES TO THE ISSUANCE
AND RENEWAL OF ENCROACHMENTS IN THE CITY AND DETERMINING
THE ORDINANCE TO BE EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (“CEQA”)
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. FINDINGS
A. As a result of the COVID-19 pandemic, on June 9, 2020, the
Hermosa Beach City Council adopted Ordinance No. 20-1410U,
Implementing a Temporary Permit for Outdoor Dining/Seating and
Outdoor Retail Display to Assist in the Reopening of Restaurants, Food,
and Retail Establishments.
B. Relatedly, on July 14, 2020, the City Council extended the provisions
of Ordinance No. 20-1410U until at least January 13, 2021, in light of the
ongoing pandemic, and directed City staff to work with a traffic
engineering consultant to develop options for closing parking and vehicle
lanes on the downtown sections of Hermosa and Pier Avenues that would
encourage foot traffic and allow for more room for outdoor dining
encroachments in the public right-of-way.
C. On September 8, 2020, the City Council authorized plans to
temporarily close one lane of vehicular traffic in each direction on Pier
Avenue, between Hermosa Avenue and Valley Drive, and plans to
temporarily close vehicular traffic the northbound and southbound # 2
travel lanes (closest to the curb) on Hermosa Avenue from the 800 block
at 8th Street to the 1300 block at 14th street to facilitate outdoor
recreational and economic activity in the City’s downtown area on a
temporary basis and add a Class 2 Bike Lane in both directions throughout
this project area.
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D. Further, during this same period, businesses located adjacent to Pier
Plaza were temporarily allowed to expand commercial encroachments
into Pier Plaza to allow for more room for outdoor dining, increase
economic vitality and provide alternative dining options for residents
during the COVID-19 pandemic.
E. The creation and activation of these spaces for pedestrian oriented
uses such as outdoor dining have been beneficial to the Pier Plaza and
Downtown areas of the City. These programs have provided residents and
visitors with the unique ability to patron City businesses via outdoor dining.
Further, businesses have been able to avail themselves to this new
opportunity which provides for a more robust economic environment and
business friendly environment.
F. The City has received positive feedback from residents, visitors and
businesses about all of the benefits of these expanded outdoor dining
programs.
G. Based on the positive impacts and positive feedback of these
temporary outdoor dining programs (i.e., dining decks and expanded
encroachments in Pier Plaza and other public rights-of-way), the City
desires to implement permanent versions of these programs with specific
operational and design standards that limit any possible view, noise or
other impacts from these expanded dining uses.
H. Further, after review of Chapter 12.16, certain procedural and
administrative changes are necessary to provide for a more efficient and
effective regulatory regime for all encroachments in the City – not just the
new or expanded encroachments for outdoor dining.
I. Thus, the City desires to amend Chapter 12.16 (Encroachments) to
enact permanent versions of the various components of the current
temporary outdoor dining program subject to operational and design
standard(s).
SECTION 2. Chapter 12.16 (Encroachments) of the Hermosa Beach Municipal
Code is hereby amended as provided in Exhibit A, attached hereto and
incorporated herein by reference.
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SECTION 3. Environmental Review.
Outdoor Dining Decks and Off-Plaza Encroachments
The proposed project is Categorically Exempt from the California Environmental
Quality Act as defined in Section 15300 of the CEQA Guidelines, as follows.
The Lane Reconfiguration component of the project is exempt in accordance
with Section 15301 which addresses minor alterations of existing public facilities;
and Section 15304 which addresses minor alterations to public land. More
specifically, the following two subcategories of both exemptions apply.
15301(c) – Existing highways and streets, sidewalks, gutters, bicycle and
pedestrian trails, and similar facilities (this includes road grading for the
purpose of public safety), and other alterations such as the addition of
bicycle facilities, including but not limited to, bicycle parking, bicycle-
share facilities and bicycle lanes, transit improvements such as bus lanes,
pedestrian crossings, street trees, and other similar alterations that do not
create additional automobile lanes.
15304(h) – The creation of bicycle lanes on existing rights-of-way.
The Outdoor Dining component of the project is exempt in accordance with
Section 15301 which address additions to existing structures and 15303 which
addresses construction of limited numbers of new, small structures. More
specifically, the following subcategory applies.
15301(e) – Additions to existing structures provided that the addition will
not result in an increase of more than 10,000 square feet if:
(A) The project is in an area where all public services and facilities
are available to allow for maximum development permissible in the
General Plan; and
(B) The area in which the project is located is not environmentally
sensitive.
15303(e) – Construction of new small facilities or structures including
accessory (appurtenant) structures including garages, carports, patios,
swimming pools and fences.
None of the exceptions to the Categorical Exemption apply, nor would the
project result in a significant cumulative impact of successive projects of the same
type in the same place over time or have a significant effect on the environment
due to unusual circumstances or damage a scenic highway or scenic resources
within a state scenic highway. The site is not located on a hazardous waste site
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and would not cause a substantial adverse change in the significance of a
historical resource.
Additional environmental analysis, including technical studies on traffic, noise, air
quality, greenhouse gas emissions and energy consumption impacts, was
conducted to support the CEQA determination. A summary of the analysis and
the technical studies in support of this CEQA determination are presented in
Exhibit B.
Pier Plaza Encroachments
The proposed project is Categorically Exempt from the California Environmental
Quality Act as defined in Section 15300 of the CEQA Guidelines, in accordance
with Section 15061, the ‘common sense’ exemption, and Section 15301 which
addresses minor alterations of existing public facilities, specifically:
15061(b)(3) – The project is covered by the common sense exemption
that applies where it can be seen with certainty that there is no possibility
that the activity in question may have a significant effect on the
environment.
15301(c) – Existing highways and streets, sidewalks, gutters, bicycle and
pedestrian trails, and similar facilities (this includes road grading for the
purpose of public safety), and other alterations such as the addition of
bicycle facilities, including but not limited to, bicycle parking, bicycle-
share facilities and bicycle lanes, transit improvements such as bus lanes,
pedestrian crossings, street trees, and other similar alterations that do not
create additional automobile lanes.
None of the exceptions to the Categorical Exemption apply, nor would the
project result in a significant cumulative impact of successive projects of the same
type in the same place over time or have a significant effect on the environment
due to unusual circumstances or damage a scenic highway or scenic resources
within a state scenic highway. The site is not located on a hazardous waste site
and would not cause a substantial adverse change in the significance of a
historical resource.
SECTION 4. Severability. If any provision of this ordinance or its application to
any person or circumstance is held to be invalid, such invalidity has no effect on
the other provisions or applications of the ordinance that can be given effect
without the invalid provision(s) or application(s), and to this extent, the provisions
of this ordinance are severable. The City Council declares that it would have
adopted this ordinance irrespective of the invalidity of any portion thereof.
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SECTION 5. Effective Date. This Ordinance shall take effect thirty (30) days after its
passage and adoption pursuant to California Government Code section 36937
and shall go into effect October 1, 2023.
SECTION 6. Certification. The City Clerk is directed to certify the passage and
adoption of this Ordinance; cause it to be entered into the City’s book of original
ordinances; make a note of the passage and adoption in the records of this
meeting; and, within fifteen (15) days after the passage and adoption of this
Ordinance, cause it to be published or posted in accordance with California law.
PASSED, APPROVED and ADOPTED on this 11th day, July 2023.
AYES: MAYOR JACKSON, MAYOR PRO TEM MASSEY, COUNCILMEMBERS SAEMANN, FRANCOIS, AND DETOY
NOES: NONE ABSTAIN: NONE
ABSENT: NONE
______________________________________________________________________________
Mayor Raymond A. Jackson PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________
Myra Maravilla, MPA, CMC Patrick Donegan,
City Clerk City Attorney
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Chapter 12.16 Encroachments
12.16.010 Definitions.
12.16.020 Permit.
12.16.030 Commencement of work without permit.
12.16.040 Authority to grant.
12.16.050 Residential encroachments.
12.16.060 Commercial encroachments.
12.16.070 Findings necessary to grant an encroachment.
12.16.080 Requirements and conditions of approval.
12.16.090 Commercial outdoor dining.
12.16.100 Commercial encroachments–Retail display areas.
12.16.110 Application procedure.
12.16.120 Maintenance of encroachment.
12.16.130 Nonconformance of encroachment.
12.16.150 Revocation.
12.16.160 Encroachment violation.
12.16.170 Violation–Misdemeanor.
12.16.180 Violations of encroachment regulations–Additional remedies.
12.16.190 Fees.
12.16.010 Definitions.
As used in this chapter:
Commercial encroachment shall mean an encroachment into the adjoining public right-of-way for any
commercial purpose.
Encroachments are structures, objects, uses or landscaping owned by a private property owner and located on
or over adjoining public right-of-way for the property owner’s private use and enjoyment. Permissible
encroachments are those which place a minimal burden on the right-of-way, are easily removable and do not
materially alter the character of the right-of-way as open space, and include landscaping, fencing, movable
personal property (such as furniture and planters), patios, decks, landscape irrigation and lighting systems and
similar structures and objects, in accordance with the standards, conditions and requirements of this chapter.
No building or structural element of a building (including walls, roofs, structural supports, balconies, stairwells,
and the like) shall be permitted to encroach on or over a public right-of-way.
Encroachment means and includes any obstruction, tower, pole, pole line, pipe, wire, cable, conduit, wall,
fence, balcony, deck, stand or building, or any structure or object of any kind or character which is placed in,
along, under, over or across a public right-of-way.
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Pedestrian walk street is defined by council under a separate resolution.
Person includes any individual, firm, co-partnership, joint venture, association, corporation, estate, trust,
business trust, any district, any city, any county including this county, and all departments and bureaus thereof
except the city of Hermosa Beach.
Residential encroachment shall mean an encroachment into the adjoining public right-of-way for the
residential property owner’s use and enjoyment.
Shall and May. “Shall" is mandatory; "may" is permissive.
Structure is defined by the currently adopted building code Uniform Building Code as that which is built or
constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts
joined together in some definite manner.
12.16.020 Permit.
An encroachment permit is required for any landscaping in excess of forty-two (42) inches in height, and
any structure, object or use which is permitted by this chapter to encroach on or over a public right-of-
way. The encroachment permit shall be in a form provided by the public works directorcity and approved
by the city attorney. Issuance of an encroachment permit is within the city’s sole discretion and
constitutes a privilege granted by the city as a convenience to an adjoining property owner and not a
right. No land use rights or any other kind of vested rights are created by virtue of an encroachment
permit. An encroachment permit is not a substitute for a building permit or a construction permit when
either is otherwise required by this Code.
12.16.030 Commencement of work without permit.
Any person who shall commence any work, for which a permit is required by this chapter, without first
having obtained a permit, shall stop work and apply for such permit. The fee for the permit shall be
doubled. In addition, failure to stop constitutes a misdemeanor and is defined in this chapter.
12.16.040 Authority to grant.
A permit to encroach into a planned or existing public right-of-way may be granted upon such terms and
conditions as are deemed necessary. The authority to grant or deny such permit application is vested in
the director of public worksCity Manager or designee, unless otherwise specified. Approval of
encroachments which deviate from the established guidelines can only be granted with city council
approval in an appeal process. If the applicant for an encroachment permit is an officer or employee of the
city, only the city council is authorized to issue the permit.
12.16.050 Residential encroachments.
Approvals of all residential encroachments is vested with the City Manager or designee director of public
works and the rules and guidelines are set forth herein. Only the owner of record of real property is eligible
to apply for and receive an encroachment permit for encroachments from adjacent residential property. No
commercial activity of any kind is permitted on residential encroachment areas.
12.16.060 Commercial encroachments.
The authority to grant or deny commercial encroachments is vested with the director of public worksCity
Manager or designee. Commercial encroachments shall comply with the requirements set forth in this
chapter.
A. If a conditional use permit is required for the encroachment. pursuant to this chapter, approval of the
commercial encroachment shall be coordinated with the conditional use permit process.
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B. Only theThe owner of record of real property is eligible to apply for and receive an encroachment
permit for encroachments from adjacent commercial property, except that commercial outdoor dining
encroachment permits authorized under Section 12.16.090 may be issued to a lessee, with written
approval from the owner of record. who shall not delegate or assign that responsibility.
C. Use of the public right-of-way for commercial uses shall be subject to the conditions set forth in this
Section as well as any additional guidelines, regulations or directives as adopted by the City Manager or
designee. Section 12.16.090(A).
12.16.070 Findings necessary to grant an encroachment.
The director of public works, inIn granting approval of an encroachment permit application, the City shall
make a finding that the plans and application meet the guidelines and conditions of approval as set forth
in Section 12.16.080in this Chapter, any additional regulations promulgated by the City and the granting of
such encroachment will not adversely affect the general plan of the city nor be injurious or negatively
impact the health and well-being of the public. Approval of encroachments which deviate from these
established criteria can only be granted with city council approval in an appeal process upon a showing of
good cause.
12.16.080 Requirements and conditions of approval.
Permitted encroachments shall comply with the following minimum requirements and conditions. The City
Manager or designee may determine that additional or more strenuous requirements are required.:
A. General (Applicable to All Encroachments).
1. All construction shall conform to the requirements of the currently adopted building code,Uniform
Building Code, the Municipal Code, and the Department of Public Works Standards and Policies.
2. Landscaping encroachments for residential encroachments within the public right-of-way shall not
exceed the building height limitation of the zone in which it is planted.
3. In the case of an encroachment occupying the public right-of-way enclosed by the extension of
the two side property lines between the front property line and the existing or future sidewalk, a
minimum of one-third of the encroachment area shall be landscaped in accordance with a
landscape plan to be approved by the public works departmentCity Manager or designee in
conjunction with the encroachment permit application.
4. Height of any encroachment shall be measured from the natural grade unless otherwise
specifically approved by the director of public works by virtue of unusual topography or other
extraordinary physical circumstances.
5. Encroachments shall not obstruct access to underground utilities nor significantly impair scenic
vistas from neighboring properties or the public right-of-way.
6. Public right-of-way, through receipt of an encroachment permit, shall not satisfy required open
space or any conditions of building or zoning that are normally provided on-site, except for
providing required residential guest parking, pursuant to Sections 17.44.090(C) and 17.44.110(B)
of the Zoning Ordinance, and for providing required parking approved by a parking plan granted
pursuant to Section 17.44.210 of the Zoning Ordinance.
6.7. Encroachments that comply with the provisions of this Chapter shall be exempt from compliance
with the off street parking requirements of this Code unless otherwise noted. Notwithstanding the
previous sentence for those encroachments issued prior to April 27, 2020 that required parking or
parking in-lieu fees, those parking requirements shall remain valid.
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7.8. An encroachment shall not provide structural support for any structure located on private property.
B. Pedestrian walk street (applicable only to those streets):
1. Fences shall not exceed a maximum height of forty-two (42) inches.
2. Fences are allowed at a height of forty-two (42) inches maximum on top of retaining walls of
masonry, block, brick or concrete. The fence height is measured from the natural grade. A
retaining wall on public right-of-way shall not support any structure on private property.
3. Decks may be permitted to a maximum height of twelve (12) inches height above the existing
natural grade and if they do not project into the public right-of-way more than half the distance
between the property line and edge of existing or future sidewalk. Deck railings are permitted
provided that they are of open construction and that deck and railing do not exceed a maximum
height of forty-two (42) inches.
C. Vehicular Street (Applicable Only to Those Streets).
1. Fences shall not exceed a maximum height of forty-two (42) inches.
2. Encroachments shall not be placed over an existing or planned sidewalk.
3. Encroachment permits for new curb cuts for ingress/egress on Pier Avenue between Valley Drive
and Hermosa Avenue shall not be granted.
12.16.090 Commercial outdoor dining.
Use of the public right-of-way for commercial outdoor dining may be permitted subject to issuance of an
encroachment permit in compliance with this chapter, and subject to the following conditions:
A. Every encroachment permit for commercial outdoor dining shall ensure the following:
1. Provides for and maintains an area of passage for pedestrian traffic;
2. Does not inconvenience pedestrian traffic;
3. Conforms to all applicable health codes and this Code;
3.4. Encroachments for commercial outdoor dining shall consist of food and beverage seating and those
ancillary features as expressly permitted in this Chapter. Bars, service stations, food preparation areas
and televisions are prohibited. Seating arrangements shall provide for adequate space for both food
and beverage service (i.e., space for plates, glasses, utensils, etc.) and arrangements or furniture
designed just for beverage services are prohibited.
4.5. Applicant is to pay all appropriate fees, including but not limited to rental fees as set by the City
Council.;
5.6. Applicant is 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 no less one million dollars ($1,000,000) unless a higher
amount is determined to be appropriate in the sole discretion of the City Manager or designee ;
andApplicant shall obtain and maintain in force comprehensive general liability, broad form
property damage and blanket contractual liability insurance in a combined single limit amount, per
claim and aggregate, of at least two million dollars ($2,000,000) covering the applicant’s operation
unless a higher amount is determined to be appropriate in the sole discretion of the City Manager
or designee. Such insurance shall name, on a Special Endorsement form, the City, its elected,
appointed boards, officers, agents and employees as additional insureds. A Certificate of Insurance
shall contain provisions that prohibit cancellation, modification, or lapse without thirty (30) days
prior written notice to the City. Both the Certificate of Insurance and the completed standard
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Special Endorsement form shall be submitted with the completed application for an Commercial
Encroachment Permit.
6.7. Applicant is to pay restorative costs, if applicable, in an amount to be determined by the director
of public worksthe City Manager or designee, plus administrative costs.
B. Pier Plaza Commercial Encroachments. Encroachments for commercial outdoor dining activity on Pier
Plaza shall comply with Section 12.16.060, and the following minimum design and operational
standards and any additional standards (e.g. City of Hermosa Beach Outdoor Dining Design and
Operational Standards for Pier Plaza and Off-Street Encroachment Areas) as adopted by the City
Council. Further, the City Manager or designee may promulgate additional regulations not in conflict
with this Chapter or any additional standards adopted by the City Council. adopted by resolution of the
city council. Deviations from the standards set forth in this section may be allowed pursuant to an
appeal to the City Council following a determination by the City Manager or designee. conditional use
permit granted in compliance with Chapter 17.40.
1. Limited outdoor dining in compliance with this sectionPier Plaza Commercial Encroachments shall
be exempt from compliance with off-street parking standards in Chapter 17.44 if it meets the
following standards:
a. The encroachment area does not exceed two hundred (200)one thousand (1,000) square feet
and in no event shall any encroachment area exceed 500 square feet more than the
encroachment area that existed prior to April 27, 2020. . iIn no event shall any encroachment
area, regardless of square footage, extend more than twenty-five (25) feet into Pier Plaza. ;
Notwithstanding the previous sentence, in the event a business solely occupies two legal parcels,
then the business may apply for up to two thousand (2,000) square feet of encroachment area
provided the encroachment area remains within the frontage of the business and does not
extend more than twenty-five (25) feet into Pier Plaza.
b. Use of the encroachment area is limited to the hours of operation of the adjacent commercial
establishment. food dining establishment. However, in no event shall any encroachment area
operate past 12:300 a.m.establishment, not to exceed 7:00 a.m. to 10:00 p.m.; and However,
if in the sole discretion of the City Manager or designee, an earlier closing time is warranted,
then the City Manage or designee may condition an encroachment permit on an earlier closing
time.
c. Alcoholic beverages aremay only not be offered, sold or consumed within the encroachment
area pursuant to a valid California Department of Alcohol Beverage Control license for the area.
Any other limitation on the business involving the sale or consumption of alcohol shall also apply
in the encroachment area. If, in the sole discretion of the Police Chief, the encroachment area
has demonstrated a repeated pattern of behavior involving the service or consumption of alcohol
that violates this Chapter or any other City permit or provision of law, then the City may prohibit
the service of alcoholic beverages within the encroachment area.
d. The encroachment area does not extend past the frontage of the business for which it is
connected to.
e. The elevation of the encroachment area shall not be altered (e.g., no platforms or recesses).
No modification to the surface of the right-of-way, such as resurfacing, texturing or borings for
recessed sleeves, shall be made unless approved by the director of public works.
f. In no event shall any canopy, shade structure or any other similar improvement extend more
than thirteen (13) feet into Pier Plaza. Further, all improvements, fences, railings, gates, tables,
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chairs, umbrellas, furniture or any other items or structures shall be designed and used in a way
that protects all ocean views from the public right-of-way. The temporary use of umbrellas is
permitted provided that they are only utilized while customers are actively using the specific
umbrella(s) in the encroachment area. The City Manager orf designee shall retain the complete
discretion to direct any permittee to curtail the use of any umbrellas, furniture or other items or
structures to protect the public view of the ocean.
g. There are no outstanding code enforcement violationsMunicipal Code violations or violations of
any other City-issued permit. In reviewing renewal applications, the City Manager orf designee
must determine that there are unresolved violations of this Chapter (and any related regulations)
related to the Pier Plaza Commercial Encroachment. If, in the preceding twelve (12) months,
there were three (3) violations of this Chapter or related Regulations as determined by the City
Manager or designee, then the City Manager shall not issue a Pier Plaza Commercial
Encroachment for a period of one (1) year.
h. The encroachment area shall be managed, operated, and maintained as an integral part of the
adjacent dining establishment.
i. Any improvements, fences, railings, gates, tables, chairs or other equipment related to the Pier
Plaza Commercial Encroachment shall be installed in such a way that, upon ten (10) days’ notice
from the City Manager or designee, can be entirely removed and the area be returned to its
previous state without any Pier Plaza Commercial Encroachments to the satisfaction of the City
Manager or designee.
c.j. The encroachment are shall be designed and operated in compliance with any regulations
adopted by resolution of the City Council and any further regulations promulgated by the City
Manager or designee in furtherance of City Council direction.
2. Pier Plaza Commercial Encroachments issued prior to the effective date of this ordinance shall be valid
until October 1, 2023. After this date, any Pier Plaza Commercial Encroachments shall be issued under
this Chapter.
C. Commercial Zoning DistrictsEncroachments, Excluding Pier PlazaDining Decks and Specific Plan Area
No. 11 (Upper Pier Avenue). Commercial Encroachments for commercial outdoor dining onactivity on
sidewalks or in public parking areas or vehicular streets are only permitted within commercial zoning
districitsdistricts (exlcuingexcluding Pier Plaza) and Specific Plan Area No. 11 (Upper Pier Avenue) and
shall comply with Section 12.16.060, the following minimum standards and any additional standards
(e.g. City of Hermosa Beach Outdoor Dining Design and Operational Standards for On-Street
Encroachment Areas) as adopted by the City Council. Further, the City Manager or designee, may
promulgate additional regulations not in conflict with this Chapter or any additional standards adopted
by the City Council. Deviations from the standards set forth in this section may be allowed pursuant to
an appeal to the City Council following a determination by the City Manager or designee. within
commercial zoning districts, excluding Pier Plaza and Specific Plan Area No. 11 (Upper Pier Avenue),
shall comply with Section 12.16.060this Chapter and if in compliance with the following design and
operational standards and limitationlimitations, be exempt from the off-street parking standards in
Chapter 17.44.s:
1. Outdoor dining sites located in public parking areas shall only occupy a maximum of two parallel
on-street parking spaces or three, on-street, head-in parking spaces. Notwithstanding the previous
sentence, for commercial encroachments located entirely in front of the encroaching business’
frontage (i.e., no permission for use is required from a neighboring property owner or business), a
business may occupy a maximum three parallel on-street parking spaces or four head-in on-street
parking spaces. Encroachments shall only be permitted adjacent to streets with a speed limit of 25
miles per hour or less.
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The outdoor diningcommercial encroachment area shall be managed, operated, and maintained as an
integral part of the adjacent food establishmentcommercial establishment. Food establishments
include restaurants, snack shops, food and beverage markets, supermarkets, bakeries, delicatessens, or
similar establishments that offer food or beverages, as determined by the director of public works in
consultation with the community development department. Food establishment does not include
temporary, mobile or freestanding food service providers or vendors.
1.
2. Use of the encroachment area is limited to the hours of operation of the adjacent food
establishment, not to exceed 11:00 p.m12:30 a.m. However, if in the sole discretion of the City
Manager or designee, an earlier closing time is warranted, then the City Manager or designee may
condition an encroachment permit on an earlier closing time.
3. Alcoholic beverages may only be offered, sold or consumed within the encroachment area pursuant
to a valid California Department of Alcohol Beverage Control license for the area. Any other limitation
on the business involving the sale or consumption of alcohol shall also apply in the encroachment
area. If, in the sole discretion of the Police Chief, the encroachment area has demonstrated a
repeated pattern of behavior involving the service or consumption of alcohol that violates this
Chapter or any other City permit or provision of law, then the City may prohibit the service of
alcoholic beverages within the encroachment area.
4. The encroachment area does not extend past the frontage of the business for which it is connected
to.
5. All improvements, fences, railings, gates, tables, chairs, umbrellas, furniture or any other items or
structures shall be designed and used in a way that protects all ocean views from the public right-of-
way. The temporary use of umbrellas is permitted provided that they are only utilized while
customers are actively using the specific umbrella(s) in the encroachment area. The City Manager or
designee shall retain the complete discretion to direct any permittee to curtail the use of any
umbrellas, furniture or other items or structures to protect the public view of the ocean.
6. There are no outstanding Municipal Code violations or violations of any other City-issued permit. In
reviewing renewal applications the City Manager orf designee must determine that there are
unresolved violations of this Chapter (and any related regulations) related to the Commercial
Encroachment. If, in the preceding twelve (12) months, there were three (3) violations of this Chapter
or related Regulations as determined by the City Manager or designee, then the City Manager shall
not issue a Commercial Encroachment for a period of one (1) year.
7. The encroachment area shall be managed, operated, and maintained as an integral part of the
adjacent dining establishment.
8. All furnishings, decks and barriers shall be maintained free of appendages or conditions that pose
a hazard to pedestrians, vehicles or cyclists, and ensure visually impaired pedestrians can detect
the objects safely. No appendage shall extend outside the encroachment area. No persons,
including customers, shall place anything within or near the encroachment area that could pose a
tripping hazard or interfere with accessibility of vehicles, pedestrians or cyclists, such as animals
tied to signs or utility poles, bicycles, etc.
9. Any improvements, fences, railings, gates, tables, chairs or other equipment related to the
Commercial Encroachment shall be installed in such a way that, within ten (10) days’ notice from the
City, can be entirely removed and the area be returned to its previous state without any Commercial
Encroachments.
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10. The encroachment are shall be designed and operated in compliance with any regulations specific to
public parking areas or vehicular streets adopted by resolution of the City Council and any further
regulations promulgated by the City Manager or designee in furtherance of City Council direction.
11. Commercial Encroachments for commercial outdoor dining in public parking areas or vehicular
streets issued prior to the effective date of this ordinance shall be valid until October 1, 2023. After
this date, any Commercial Encroachments for commercial outdoor dining in public parking areas or
vehicular streets shall be issued under this Chapter.
2. The encroachment area shall be located adjacent to the building, and shall not be located within or
separated from the establishment by landscaping, street furniture, parking spaces, drive aisles,
alleys or streets, or other elements as determined by the City Manager or designee.
Encroachment areas along any street frontage shall be located at least ten (10) feet from any
residential zone.
12. Outdoor dining site located in public parking areas shall only occupy a maximum of two parallel on-
street parking spaces or three, on-street, head-in parking spaces. Notwithstanding the previous
sentence, for commercial encroachments located entirely in front of the encroaching business’
frontage (i.e., no permission for use is required from a neighboring property owner or business), a
business may occupy a maximum three parallel on-street parking spaces or four head-in on-street
parking spaces.
D. Commercial Encroachments, Non Pier Plaza and Non Public Parking Areas or Vehicular Streets.
Commercial Encroachments for commercial outdoor dining on sidewalks or other public rights-of-way
that are not public parking spaces or vehicular streets and not in Pier Plaza shall comply with this
Chapter, the following minimum standards and any additional standards (e.g. City of Hermosa Beach
Outdoor Dining Design and Operational Standards for Pier Plaza and Off-Street Encroachment Areas) as
adopted by the City Council. Further, the City Manager or designee, may promulgate additional
regulations not in conflict with this Chapter or any additional standards adopted by the City Council.
Deviations from the standards set forth in this section may be allowed pursuant to an appeal to the
City Council following a determination by the City Manager or designee.
1. The encroachment area shall not exceed one thousand (1,000) square feet. In no event shall any
encroachment area exceed 500 square feet more than the encroachment area that existed prior to April
27, 2020.Notwithstanding the previous sentence, in the event a business solely occupies two legal
parcels, then the business may apply for up to two thousand (2,000) square feet of encroachment area
provided the encroachment area remains within the frontage of the business.
2. Use of the encroachment area is limited to the hours of operation of the adjacent food
establishment, not to exceed 12:30 a.m. However, if in the sole discretion of the City Manager or
designee, an earlier closing time is warranted, then the City Manager or designee may condition an
encroachment permit on an earlier closing time.
3. Alcoholic beverages may only be offered, sold or consumed within the encroachment area pursuant to a
valid California Department of Alcohol Beverage Control license for the area. Any other limitations on the
business involving the sale or consumption of alcohol shall also apply in the encroachment area. If, in the
sole discretion of the Police Chief, the encroachment area has demonstrated a repeated pattern of
behavior involving the service or consumption of alcohol that violates this Chapter or any other City permit
or provision of law, then the City may prohibit the service of alcoholic beverages within the encroachment
area.
4. The encroachment area does not extend past the frontage of the business for which it is connected to.
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5. A clear, continuous pedestrian path not less than five (5) feet in width or more as deemed appropriate
by the City Manager or designee 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 area and any obstructions, such as street trees
or planters, utility poles, street furniture, newsstands, bus benches, or curbs.
6. All improvements, tables, chairs, umbrellas, furniture or any other items or structures shall be designed
and used in a way that protects all ocean views from the public right-of-way. The temporary use of
umbrellas is permitted provided that they are only utilized while customers are actively using the specific
umbrella(s) in the encroachment area. The City Manager orf designee shall retain the complete discretion
to direct any permittee to curtail the use of any umbrellas, furniture or other items or structures to protect
the public view of the ocean.
7. There are no outstanding Municipal Code violations or violations of any other City-issued permit. In
reviewing renewal applications, the City Manager orf designee must determine that there are unresolved
violations of this Chapter (and any related regulations) related to the Commercial Encroachment. If, in the
preceding twelve (12) months, there were three (3) violations of this Chapter or related Regulations as
determined by the City Manager or designee, then the City Manager shall not issue a Commercial
Encroachment for a period of one (1) year.
1.8. The encroachment area shall be managed, operated, and maintained as an integral part of the
adjacent dining establishment.
9. The elevation of the encroachment area shall not be altered (e.g., no platforms or recesses). No
modification to the surface of the right-of-way, such as resurfacing, texturing or borings for recessed
sleeves, shall be made unless approved by the director of public works.
10. All furnishings and barriers shall be maintained free of appendages or conditions that pose a
hazard to pedestrians or vehicles, and ensure visually impaired pedestrians can detect the objects
safely. No appendage shall extend outside the encroachment area. No persons, including customers,
shall place anything within or near the encroachment area that could pose a tripping hazard or interfere
with accessibility of vehicles, pedestrians or cyclists, such as animals tied to signs or utility poles,
bicycles, etc.
11. Any improvements, tables, chairs or other equipment related to the Commercial Encroachment shall
be installed in such a way that, within ten (10) days’ notice from the City Manager or designee, can be
entirely removed and the area be returned to its previous state without any Commercial Encroachments to
the satisfaction of the City Manager or designee.
12. The encroachment are shall be designed and operated in compliance with any regulations adopted
by resolution of the City Council and any further regulations promulgated by the City Manager or designee
in furtherance of City Council direction.
13. Commercial Encroachments issued for the public right-of-way that are not public parking spaces or
vehicular streets and not in Pier Plaza prior to the effective date of this ordinance shall be valid until
October 1, 2023. After this date, any Commercial Encroachments shall be issued under this Chapter.
The encroachment area when located on sidewalks shall not exceed two hundred (200) square
feet, shall not exceed five (5) feet in depth, and shall not occupy more than thirty (30) percent of
the sidewalk width excluding curb. On pedestrian walk streets the encroachment area is not
subject to the depth or width limitations but shall not exceed two hundred (200) square feet.
2. Outdoor dining in compliance with this section shall be exempt from compliance with off-street
parking standards in Chapter 17.44.
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3. Use of the encroachment area shall be limited to the hours of operation of the adjacent food
establishment, not to exceed 7:00 a.m. to 110:00 p.m.
4. The encroachment area is limited to sit-down food and beverage consumption for seated
customers only. Servingware used in the encroachment area shall be resistant to shattering or
breaking into fragments (no glass, ceramic or similar materials).
5. Alcoholic beverages shall not be offered, sold or consumed within the encroachment area.Alcoholic
beverages are only offered, sold or consumed within the encroachment area pursuant to a valid
California Department of Alcohol Beverage Control license for the area
6. A clear, continuous pedestrian path not less than five (5) feet in width or more as deemed
appropriate by the director of public worksCity Manager or designee 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 area and any obstructions, such as street trees or planters, utility poles, street
furniture, newsstands, bus benches, or curbs.
7. The layout of the encroachment area shall not impede ingress or egress, and shall be 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 marshal.
8. Barriers shall conform to the Public Works Director's installation standards and be removable.
Barriers need not be removed each evening, but shall be capable of being removed; if imbedded
into the pavement they must be fixed through the use of recessed sleeves and posts, or otherwise
by wheels that can be locked into place or weighted in place. Barriers cannot be exposed and must
be covered on all sides with a durable exterior material to the satisfaction of the City. No off-
premises signs or banners of any kind shall be placed, displayed or erected on barriers or
anywhere else in the outdoor dining area. around the encroachment area shall not be provided
unless required by the director of public works for public safety, such as protection from vehicles
or in cases of surface or grade changes. Unless otherwise specified, required barriers need not be
removed each evening, but shall be capable of being removed. If embedded into the pavement,
barriers must be fixed through the use of recessed sleeves and posts, or by wheels that can be
locked into place or weighted in place. Required barriers shall conform to requirements for the
sight-impaired and shall be properly maintained. The height of any barrier shall not exceed three
(3) feet, six (6) inches. All barriers must be able to withstand inclement outdoor weather, and one
hundred (100) pounds per lineal foot of horizontal force at the top of the barricade when in their
fixed positions.
9. The elevation of the encroachment area shall not be altered (e.g., no platforms or recesses). No
modification to the surface of the right-of-way, such as resurfacing, texturing or borings for
recessed sleeves, shall be made unless approved by the director of public works.
10. Furnishings shall be limited to sturdy chairs, benches and tables, and umbrellas sheltering tables.
Furnishings shall be designed for outdoor use. No portion of an awning or umbrella No portable
canopies (i.e., EZ Ups or other similar devices) are permitted in the outdoor dining area. Shade
canopies must be structurally affixed to the dining deck and fully retractable. The City, in its sole
and complete discretion, reserves the right to determine whether or not a shade canopy complies
with this requirementshall be less than eight (8) feet above the sidewalk or extend outside the
encroachment area. Awnings may extend up to four (4) feet from the building front or cover up to
fifty (50) percent of the sidewalk width, whichever is less. A building permit shall be obtained prior
to installation of an awning. No other objects, including but not limited to host/hostess podiums,
bars or bar-height tables, light stands, signs, menu boards, service items or grills, are allowed.
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Furnishings shall not display prominent logos or advertising. All furnishings shall be maintained in
good condition at all times.
11. All furnishings and barriers shall be maintained free of appendages or conditions that pose a
hazard to pedestrians or vehicles, and ensure visually impaired pedestrians can detect the objects
safely. No appendage shall extend outside the encroachment area. No persons including
customers shall place anything within or near the encroachment area that could pose a tripping
hazard or interfere with accessibility, such as animals tied to signs or utility poles, bicycles, etc.
12. Approved furnishings and objects shall be removed from the encroachment area daily prior to
close of business, but no later than 10:30 p.m., unless such furnishings are required to be bolted to
the pavement or are approved to remain by the director of public works.
13. No entertainment, music, audio speakers, televisions or visual media of any type, whether
amplified or unamplified, shall be located within the encroachment area.
14. The encroachment area, including surfacing, shall be maintained in a neat and clean manner, free
of litter, food scraps, soiled dishes, and graffiti, at all times. The business shall actively monitor the
area and promptly remove food serviceware, food scraps, litter and other trash. Trash receptacles
shall be supplied in an easily accessible location on the subject property. Surfacing in and around
the encroachment area shall be cleaned during the business day as needed and at the end of each
business day. Cleaning and the use of water for cleaning the encroachment area shall comply with
good housekeeping best management practices approved by the director of public works in
accordance with Chapters 8.44 and 8.56. Under no circumstances shall debris or runoff be swept,
washed, or blown into the sidewalk, gutter, storm drains or street. The director of publicpublicity
Manager or designee works may issue the encroachment 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.
15. Use of the encroachment area shall not adversely affect the welfare of the nearby residents or
commercial establishments.
16. The final location and configuration of the encroachment area shall be subject to approval by the
director of public worksCity Manager or designee, 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. The City Manager or designee =director may attach conditions to
mitigate public health, safety and convenience impacts unique to the specific location.
The encroachment permit shall be valid for one (1) year and may be annually renewed.
17. Deviations from the standards set in this section may be allowed pursuant to a conditional use
permit, granted in compliance with Chapter 17.40.
18. Specific Plan Area No. 11 (Upper Pier Avenue). Encroachments for commercial outdoor dining on
sidewalks within the boundaries of the Specific Plan Area No. 11 zoning district (Upper Pier
Avenue) are prohibited.
12.16.100 Commercial encroachments–Retail display areas.
Use of the Pier Plaza and other public rights-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:
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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)Applicant is 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 no less than two million dollars ($2,000,000) unless a higher amount is
determined to be appropriate in the; ; 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.
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,
secondhand 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:
a. Food or beverages of any type, whether pre-packaged or not.
b. Alcoholic beverages or tobacco or smoking products or paraphernalia of any type.
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.
g. Rental or sale of any used merchandise.
C. Design and Operational Standards and Limitations. Commercial eEncroachments for commercial
outdoor retail display areas shall comply with Section 12.16.060this Chapter and the following design and
operational standards and limitations. Deviations from the standards set forth in this section may be allowed
pursuant to an appeal to the City Council following a determination by the City Manager or designee. :
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1. Commercial Eencroachment areas shall be available for and located adjacent to ground floor retail
businesses. The encroachment area on Pier Plaza shall not exceed thirteen (13) feet in depth. The
encroachment area on Loreto Plaza shall not exceed five (5) feet in depth. The encroachment area
shall not exceed the width of the tenant space frontage. The encroachment area for any tenant
space fronting Pier Plaza is restricted to the Pier Plaza frontage only.
2. Barriers around retail encroachment areas on Pier Plaza with a maximum height of forty-two (42)
inches shall be provided; provided, that barriers shall not be installed or allowed on Loreto Plaza
are not allowed unless otherwise approved by City Manager or designee. 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.
2.3. 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 (a maximum thirteen (13) feet on Pier Plaza and five (5)
feet on Loreto Plaza) and width of the encroachment area. Awnings must be retracted to cover not more
than fifty (50) percent of the encroachment area depth when the business is 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.
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 commercial encroachment area shall be
designed and limited as follows:
a. Tables or racks to display goods offered for sale may be placed in the encroachment area.
Other furnishings such as umbrellas, shade canopies, light stands, planters or signs are not
allowed. All furnishings within each individual encroachment area shall be of uniform 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 suriboards(?) 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 they do not become
windborne, create litter or breakage, spill, drip, or create any health or safety 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 any 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 be fully accessible
to the physically disabled, as required by the California Building Code, Title 24, Disabled Access Standards,
the Americans with Disabilities Act (ADA) 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 and any obstructions, including but not
limited to street trees or planters, utility poles and street furniture.
8. All outdoor retail displays and allowed objects shall be maintained free of appendages or conditions
that pose a hazard to pedestrians or vehicles, and ensure visually impaired pedestrians can detect the
objects safely. No appendage shall extend outside the encroachment 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 litter 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 8.44 and 8.56. Under
no circumstances shall debris or runoff be swept, washed, or blown into the sidewalk, gutter, storm
drains, or street.
11. The director of public worksCity Manager or designee may issue the encroachment permit only
after determining that the request complies with the standards and provisions of this section, any
other 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 of 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 of 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 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.
e. The encroachment permit shall be valid for one (1) year and may be annually renewed.
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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 (1) 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.
12.16.110 Application procedure.
A. Filing. An application for an encroachment into a planned or existing public right-of-way shall be filed
by the owner of the property, or when provided, the business owner with written approval from the
property owne, forowner, for which the encroachment is sought or by an authorized representative of
the owner. Such application shall be made to the director of public worksthe City Manager or designee
and shall be on forms furnished by the department of public works. Applicant is to maintain and keep
in force at all times a policy of liability insurance, naming the city as an additional insured in the
amount determined to be appropriate.
B. Filing Fee. A uniform fee, established by council under separate resolution, shall be required upon the
filing and investigation of the application for encroachment or transfer of an encroachment permit to
defray administrative costs incurred by the city in processing the application. Such fee shall be
nonrefundable and shall include the costs of recordation of the encroachment, if granted.
C. Investigation. An investigation shall be conducted by all departments of the city having an interest in,
or jurisdiction over, the matter. Upon the receipt of an application pursuant to the provisions of this
chapter, the director of public worksCity Manager or designee shall transmit the application to all
affected departments for written reports of findings and recommendations. All such written reports
shall be submitted to the director of public worksCity Manager or designee for consideration when
making a decision on the application.
D. Director of Public Works Findings and Decision. The director of public worksCity Manager or designee
shall make a written decision. Such decision shall recite the findings upon which the director bases his
decision is based. If the decision is favorable to the granting of the encroachment, it shall set forth the
conditions to be imposed. The conditions set forth in Sections 12.16.080 through 12.16.100this Chapter
and any operational or design standards adopted via resolution by the City Council and/or City
MangerManager or designee shall automatically apply to every permit unless otherwise noted.be
attached to every permit approval.
E. Appeal. The Any decision of the director of public worksCity Manager or designee made pursuant to
this Chapter, including a decision to revoke an encroachment permit, shall be final ten (10) days after
mailing a copy of his decision to the applicant. Within said ten (10) day period, the applicant may
appeal the decision of the director of public worksCity Manager or designee to the City Ccouncil to/for
review. ; a denial of the application or any conditions attached to an approval other than those set
forth in Section 12.16.080. Upon consideration of such appeal, the council may approve, modify, or
disapprove the application for encroachment. The council may add, delete or modify the conditions
attached to the encroachment permit. The action of the council shall be final.
F. Time Limit for Development. Any encroachment granted pursuant to the provisions of this chapter
shall be developed and utilized within a period not to exceed six (6) months from and after the date of
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the granting of such encroachment, and, if not so developed and utilized, such encroachment
automatically shall become null and void at the expiration of such six (6) month period.
G. Extension of Time. The permittee may apply, in writing, for one extension of time, not to exceed six (6)
months, within which to develop and use such encroachment. The director of public works, after due
consideration, shall either grant or deny the extension of time for such development and use.
H. Renewal. Commercial Encroachment permits shall be for a period not to exceed one (1) year and
must be renewed annually. An application for renewal shall require the same findings as an original
application except as otherwise noted and shall be submitted no later than sixty (60) days prior to
the expiration of any existing encroachment permit. An encroachment permit is not a substitute for a
building permit or a construction permit when either is otherwise required by this Code.
12.16.120 Maintenance of encroachment.
It shall be the responsibility of the adjacent property owner to maintain the encroachment in a condition
satisfactory to the Ccity.
12.16.130 Nonconformance of encroachment.
No building permit shall be issued for construction of a new residential dwelling structure or addition
thereto, exceeding four hundred (400) square feet in floor area, or for the remodel of an existing residential
dwelling structure valued at more than fifty (50) percent of the replacement cost of the existing structure,
until the adjacent city right-of-way is determined to be in accordance with city standards.
Encroachments in existence on May 15, 1996, which do not conform to the standards set forth in Section
12.16.080 may remain as they existed as of May 15, 1996, whether or not a valid encroachment permit is
obtained from the city as long as the encroachment is not expanded, increased or intensified, until the earlier
of either of the following events:
1. The city revokes the encroachment permit or requires removal of the encroachment for any
reason, including construction of public improvements, which requires access to the
encroachment area;
2. The primary structure on the property benefiting from the encroachment is remodeled or
reconstructed at a cost which exceeds fifty (50) percent of the replacement cost of the existing
structure.
In either of the above events, the encroachment shall be removed and any replacement encroachment
shall be subject to receipt of an encroachment permit and shall conform to the requirements of Section
12.16.080this Chapter.
12.16.150 Revocation.
The director of public worksCity Manager or the council may revoke any encroachment permit for
noncompliance with the conditions set forth in granting such encroachment or if it is determined that such
permit is not in the public interest. A written notice shall be mailed to the permittee of such revocation.
Within ten days of mailing of such notice of revocation to the permittee, a written appeal of such action
may be filed. Any such appeal shall be reviewed by the council, and its determination of the matter shall be
final.
The encroachment permit does not create a vested right of any kind, and shall be revocable by the City
Manager or City Council at any time without a showing of cause upon forty-eight (48) hours’ notice. A
written notice shall be mailed to the permittee of such revocation and the permittee shall cease all use of
the encroachment area no later than forty-eight (48) hours after receipt of the revocation. Further, in the
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event that the City determines the an encroachment area is being used in a way that it poses a risk to the
public health or safety, the City may order the immediate curtailment of any use in the encroachment
area at any time.
Within ten days of mailing of such notice of revocation to the permittee, a written appeal of such action
may be filed. Any such appeal shall be reviewed by the council, and its determination of the matter shall be
final.
Upon revocation of an encroachment permit for violation(s) of this Chapter, the encroachment permit
shall not be renewed and a new encroachment permit shall not be granted for a period of one (1) year for
the at-issue property and the applicant. This suspension may be waived or reduced upon a showing of
good cause to the City Manager or designee.
An encroachment permit shall expire and be of no further force and effect upon the removal of the primary
building on the property.
12.16.160 Encroachment violation.
It is unlawful for any person to construct or maintain, or cause to be constructed or maintained, any
encroachment in violation of the provisions of this chapter.
12.16.170 Violation–Misdemeanor.
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and
upon conviction thereof, shall be fined in an amount subject to the provisions of Chapter 1.04.020.not
exceeding five hundred dollars ($500.00) or be imprisoned in the county jail for a period not exceeding six
months, or by both such fine and imprisonment. Each day such violation is committed or permitted to
continue shall constitute a separate offense and shall be punishable as such.
12.16.180 Violations of encroachment regulations–Additional remedies.
As an additional remedy, the construction or maintenance of any encroachment in violation of any
provision of this chapter shall be deemed, and is declared to be, a public nuisance and may be subject to
abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction. In
addition, violations of the provisions of this chapter are subject to the administrative penalty provisions of
Chapter 1.10.
12.16.190 Fees.
All fees applicable pursuant to this chapter shall be set by resolution of the city council.
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State of California )
County of Los Angeles ) ss
City of Hermosa Beach )
July 24, 2023
Certification of Council Action
ORDINANCE NO. 23-1462
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, AMENDING CHAPTER 12.16 OF THE HERMOSA
BEACH MUNICIPAL CODE ESTABLISHING AN OUTDOOR DINING
PROGRAM AND MAKING PROCEDURAL CHANGES TO THE ISSUANCE
AND RENEWAL OF ENCROACHMENTS IN THE CITY AND DETERMINING
THE ORDINANCE TO BE EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (“CEQA”)
I, Myra Maravilla, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the above and foregoing Ordinance No. 23-1462 was duly
approved and adopted by the City Council of said City at its regular meeting
thereof held on the 11th day of July 2023 and passed by the following vote:
AYES: MAYOR JACKSON, MAYOR PRO TEM MASSEY, COUNCILMEMBERS
SAEMANN, FRANCOIS, AND DETOY
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
_____________________________
Myra Maravilla, MPA, CMC
City Clerk
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