HomeMy WebLinkAboutPC Resolution 86-44:
~ RESOLUTION P.C. 86-44
1 i i A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA RECOMMENDING APPROVAL OF THE ATTACHED TEXT 2 1I AMENDMENTS WHICH WILL ADD NEW USES AND DELETE CERTAIN USES; MODI
FY STANDARDS AND LIMITATIONS; ELIMINATE CERTAIN ARTICLES; AND
3 1I PROVIDE STANDARD CONDITIONS OF APPROVAL FOR VARIOUS USES, INCLUD-
4 11ING ON AND OFF-SALE ALCOHOL BEVERAGE ESTABLISHMENTS, IN THE FOL-
LOWING ZONES:
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C-1, LIMITED BUSINESS AND RESIDENTIAL
C-2, GENERAL COMMERCIAL DISTRICT
C-3, GENERAL COMMERCIAL AND HIGHWAY DISTRICT
M, MANUFACTURING ZONE
R-1, ONE-FAMILY RESIDENTIAL ZONE
ARTICLE 10, CONDITIONAL USES
WHEREAS, the Planning Commission held a public hearing on
911 this matter
10 Findings:
on September 16, 1986 and made the following
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The Permitted Use 1 ists for commercial, manufacturing, and
residential are out of date;
Various portions of the Zoning Ordinane are in need of revi
sion to eliminate ambiguity, conflicting requirements, i 1-
legal i ties, bad grammar and poor organization;
16 11 3. Many Permitted Uses require a Conditional Use Permit and
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Standard Conditions of Approval, and criteria for approval of
such uses are needed;
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission
21 11 recommends the following:
22 11 Section 1. The attached Text Amendment which will add new uses
23 and delete certain uses; modify Standards and Limitations; and
24 provide Standard Conditions of Approval for various uses, includ-
25 ing on and off-sale alcohol beverage establishments, in the fol-
26 lowing zones:
27 1. C-1, Limited Business and Residential
28 2. C-2, General Commercial District
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3. C-3, General Commercial and Highway District
1 4. M, Manufacturing Zone
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5. R-1, One-Family Residential Zone
3 6. Article 10, Conditional Uses
4 Section 2. Delete all of Article 8.5. Commercial Planned
5 Development.
6 Section 3. Delete all of Article 9.1. P-D, Planned Development
7 ,, District.
Sil VOTE:
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AYES: Comms.Rue,Peirce,Compton,Schulte,Chmn.Sheldon
NOES: None
ABSENT: None
ABSTAIN: None
CERTIFICATION
12 I hereby certify that the foregoing Resolution P .C. 86-44 is a
13 true and complete record of the action taken by the Planning Com-
14 mission of the City of Hermosa Beach, California at their regular
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ARTICLE 2. DEFINITIONS
Article 2. Definitions., shall be amended to add the following definitions:
Section 263. Adult Book And/or
Video Store.
Section 264. Adult Newsrack.
Section 265. Adult Theater.
Section 266. Day Care Home, Large
Section 267. Day Care Home, Small
Section 268. Department Store.
Section 269. Office, General.
Section 270. Restaurant.
"Adult" book and/or video store is a
commercial establishment which
sells, shows, releases, exhibits, or
otherwise dispenses any materials
defined as harmful matter in Section
313 of the Penal Code of the State
of California.
A coin-operated machine or device
which dispenses for sale any "harm
ful matter", as such term is defined
in Section 313, Chapter 7.6, Title
9, Part 1 of the Penal Code of the
State of California, in any newsrack
on any public right-of-way or
parkway.
"Adult" theater is a commercial es
tablishment which shows, releases,
or exhibits any materials defined as
harmful matter in Section 313 of the
Penal Code of the State of
California.
Day care provided within a home for
a minimum of 7 children and a maxi
mum of 12 children, including chil
dren who reside in the home.
Day care provided within a home for
1 to 6 children, maximum, including
children who reside in the home.
A retail business selling a variety
of products, such as jewelry, cloth
ing, appliances, etc.
Office shall mean the location where
primarily the administrative activi
ties of a business are performed.
Such activities may include main
taining records, preparing written
reports, telephone communications,
computer processing, personal con
tact with clients, and similar
activities.
An establishment which primarily
sells prepared food; where beer and
wine are sold, a minimum of 65% of
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Section 271. School.
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the total gross sales, computed
monthly, shall result from the sale
of prepared food; where other al
coholic beverages, not exclusively
beer and wine, are sold, a mi nimum
of 50% of the t otal gross sales ;'
computed monthly, shall result from
the sale of prepared food.
An elementary, junior high, high
school, college or university or
other schools giving general
academic instruction in the several
brands of learning and study re
quired to be taught in the Education
Code of the State of California.
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ARTICLE 4. R-1 One-Family Residential Zone (R-lZone)
Article 4. R--1 One-Family Residential Zone R-1 Zone) shal 1 be
amended to read as follows:
Title: Article 4. Single-Family Residential Zone.
Section 4-1. Purpose.
This zone is intended to provide development standards for single
family dwellings; assure adequate access to schools, parks, and
other community service facilities; prohibit negative impacts
from adjacent nonresidential uses; protect the residential
character of each neighborhood; and otherwise encourage a high
quality environment for family life and the preservation of
residential property values.
Section 4-2. Permitted Uses.
Subject to the restrictions hereinafter specified, only the fol
lowing uses are permitted in an R-1 zone:
1. Single-family dwelling, including mobile homes as defined in
Section 260.
a. A Conditional Use Permit may be granted for a second
unit on lots of at least eight thousand (8,000) square
feet intended for sole occupancy by one or two (2)
adults who are sixty (60) years of age or older, and the
floor space of the dwelling unit would be a minimum of
six hundred forty (640) square feet, and that the exist
ing residence meets R-1 parking requirements and that a
deed restriction be placed on the unit limiting its oc
cupancy to one or two (2) individuals of at least sixty
(60) years of age, and that the existing and proposed
units meet all other R-1 development standards and have
two (2) parking spaces per unit.
2. Accessory buildings.
a. Patio covers
b. Bathhouse or greenhouse
c. Swimming pool and/or spa
d. Tool shed
e. Garage
f. Storage room for customary household-related items, and
a maximum of four hundred (400) square feet in size.
3. Day Care Homes, small (see Section 266)
4. Day Care Homes, large; Conditional Use Permit required; if
all requirements of Section 10-9 are met, a Conditional Use
Permit shall be granted (see Sections 265 and 10-9).
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5. Churches, synagogues, temples and other similar congrega
tions; Conditional Use Permit required subject to Article 10.
6. Home Occupations, when conducted in accordance with the fol
lowing requirements, and when a permit therefor, containing
any conditions deemed necessary to insure compliance with the
requirements of this Chapter and with its purpose and intent,
has been issued by the Business License Department, provided
however, that any occupation may be excluded from certain or
all zones, or portions thereof, if determined by the Planning
Commission to be incompatible with neighboring residential
uses.
The following requirements are severally and jointly stated
as absolute requirements, and any Home Occupation not con
forming to the following requirements shall not be permitted:
a. Such occupation shall be carried on only by occupants of
a dwelling, and shall involve the use of not more than
four hundred (400) square feet, not to exceed twenty
five percent (25%) of the total area of the permitted
buildings on the premises.
b. Inventory and supplies for such Home Occupat i on shal 1
occupy not more than twenty-five percent (25%) of the
permitted area and shall be stored entirely within an
enclosure or building.
c. No sale of goods is permitted on the premises.
d. No employees are allowed.
e. No signs are permitted.
f. No display of any kind shall be visible from the ex
terior of the premises.
g. Light, but not medium or heavy, business machines are
allowed. The classification by the Planning Department
shall be final.
h. No presses, data process ing equip ment, or any electrical
or other equipment requiring specialized electrical in
stallation, or requiring over one hundred twenty (120)
vol ts of power to operate are al lowed, nor shal 1 any
mechanical shop or electrical tools be permitted except
those which are customary to home crafts.
i. No tools or equipment may be operated which make a sound
audible from without the premises at a distance of twen
ty (20) feet from the property line, between the hours
of 6:00 p.m. and 9:00 a.m. No activity or equipment
which makes any loud or whining noise discernible from
without the premises is permitted at any time.
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j. No garaging or storing of vehicles bearing any advertis
ing related to the Home Occupation is allowed upon the
premises or in the street in the vicinity.
k. No foot or vehicle traffic may be generated to or from
the premises.
1. There shall be complete conformity to Fire, Building,
Plumbing, Electrical, Zoning and Heaith Codes and to all
State and City laws and ordinances; except, where re
quired parking spaces are not available, the Planning
Commission may temporarily waive such requirements if
they find:
(1) The garage, carport or space is not available sole
ly because of temporary storage, and not because of
construction and/or building improvement or
modifications; and
(2) The temporary storage is not related to products,
materials, etc., used for the conduct of the Home
Occupation; and
(3) Such waiver to be effective only if no detrimental
effects are caused to adjacent properties and no
valid complaints were filed due to storage.
m. No structural alterations of the premises are permitted
solely for the benefit of the business.
n. No professional off ices are al lowed, specifically in
cluding but not 1 imi ted to the healing arts, law, ac
counting, real estate, clergy, insurance and similar
professional or semi-professional offices, unless the
person engaged in such Home Occupation maintains a prin
cipal licensed office in an area permitting such activi
ty as a principal use.
o. No listing or advertising of the address of such Home
Occupation for business purposes is permitted including
display ads in telephone, business and City directories
and in newspapers and magazines. The telephone number
and address may be listed on business cards.
p. The term of any permit shall be for one (1) year, or for
such other period as shall be authorized by the City
Counci 1.
q. It shall be a condition of any permit hereunder that the
applicant shall agree that, in the event of amendment of
this Section to prohibit such or any Home Occupation in
a zone in which the same is situated, that such Home
Occupation shall not have the status of non-conforming
use, and may be eliminated forthwith without provision
for extended liquidation or amortization.
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Prior to permit approval, the premises shall be inspec
ted to determine compliance with all limitations and
requirements particularly subsection L.
7. Garage sales, subject to Chapter 17, Article 3 of the H.B.
Municipal Code;
Section 4-3. Development Standards;
1. Building Height. Any building may have a maximum of two (2)
stories, but shall not exceed in any case a maximum of
twenty-five (25) feet in height.
2. Front yard. Every lot shall have a front yard setback equal
to at least ten percent (10%) of the depth of the lot;
however, the maximum setback shall be ten (10) feet, and the
minimum setback shall be five (5) feet.
3.
4.
Side yards. Every lot shall have a side yard on each side of
the lot equal to ten percent (10%) of the width of the lot,
provided such side yard shall not be less than three (3) feet
in width and need not exceed five (5) feet in width.
Rear tard. ·Every lot shall have a rear yard not less than
five 5) feet in depth. The second floor can be three (3)
feet from the property line. On an alley, the rear yard re
qui~ement is a depth of three (3) feet from the property line
on the first floor and one (1) foot from the property line on
the second floor.
5. Additional yard regulations. Refer to Article 12 for addi
tional yard regulations.
6. Exterior wall covering. All dwellings shall be covered with
an exterior material customarily used on conventional dwell
ings and the exterior covering material shall extend to the
ground. Rolled siding shall be prohibited.
7. Mobile homes. Mobile homes shall have been constructed after
September 15, 1971, and have been issued an insignia of ap
proval by the California Department of Housing and Community
Development or were constructed after July 1, 1976, and were
issued an insignia of approval by the U.S. Department of
Housing and Urban Developmen~
8. Off-street parking. Off-street parking requirements and reg
ulations for the R-1 zone are as provided in Article 11.5 of
this ordinance.
9. Lot area. The minimum lot area for newly created lots shall
be four thousand (4,000) square feet.
10. Permissible lot coverage. All buildings, including accessory
buildings, shall not cover more than sixty-five percent (65%)
of the area of the lot.
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11. Buildin&___Elacement.
a. Any building used for human habitation shall not be lo
cated closer to the rear property line than a distance
of five (5) feet; however, where a rear yard abuts a
street or alley, the building may be located three (3)
feet from the rear property 1 ine on the ground level,
and one (1) foot from the rear property line on the up
per stories.
b. The distance between any buildings used for human
habitation shall be not less than eight (8) feet. The
accessory building shall be not less than six (6) feet.
c. No buildings may be erected over any easement dedicated
for public or utility uses except over those easements
of record granted to Warren Gillelen.
d. No accessory building may be located closer than three
(3) feet to any side or rear property line.
12. Open space. There shall be a minimum of four hundred (400)
square feet of usable open space with a minimum dimension of
ten (10) feet. Twenty five percent (25%) of this open space
may be provided in balconies or decks with a minimum dimen
sion of ten (10) feet.
13. Sign regulations. All signs in the R-1 zone shall conform to
the requirements and regulations of the Hermosa Beach City
Code.
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ARTICLE 8 11 C11 COMMERCIAL ZONE (11 C11 ZONE)
The Title shall be amended as follows:
Article 8. Commercial Zones, C-1, C-2, and C-3.
All of Article 8, including all sections 800A through 808 shall
be deleted, and rewritten as follows:
Section 8-1. General.
In the C-zones, no building shall be erected, constructed, recon
structed, structurally altered, or shall any building or land be
used for any purpose except as hereinafter specifically provided
and allowed by this Article.
Section 8-2. C-1, Neighborhood Commercial Zone.
In a C-1 Zone, the following retail stores, shops, businesses,
and services are permitted:
Antiques (genuine), retail sales;
Aquariums, sales and supplies of marine life;
Art gallery or shop;
Art objects, retail sales;
Bakery;
Barber shop;
Beach recreational equipment sales and rentals;
Beauty shop;
Bicycle sales and repair;
Blueprinting;
Books (new and used);
Clinic, dental and/or medical;
Clothing and wearing apparel;
Collection agency;
Confectionery stores;
Curio shop;
Dairy products, retail;
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Day nursery, preschool, and/or after school child care with
13 or more children, Conditional Use Permit required subject
to Section 10-9.;
Delicatessen;
Detective agency'
Drugstore;
Employment agency, private;
Engraving, metal, hand;
Fish market;
Florist shop;
Food market (maximum 4000 square feet floor area);
Fruit store;
Furrier;
Health food store;
Hobby supply;
Ice cream parlor, including freezing dispenser machine;
Instruments (professional and/or scientific), sales;
Interior decorating studio, store or shop;
Jewelry store;
Knit shop;
Laundry business and drycleaning, outlet only;
Laundry, self-service;
Leather products, retail sales only;
Liquor store, retail, off-sale, Conditional Use Permit re
quired subject to Section 10-8;
Loan office;
Locksmith business;
Manicure parlor;
Meat market, (no slaughtering, evisceration, plucking or
dressing);
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Messenger service;
Millinery shop;
Music store, records, tapes and cassettes only;
News and magazine store (new merchandise only);
Optician office (including grinding and mounting of lenses);
Paint and/or wallpaper store, retail;
Parking building,
facilities;
Pastry shop;
Photocopying;
Photograph gallery;
Photographer's studio;
automobile, not including repair
Photographic equipment (new), retail sales including trade
in;
Plumbing fixtures, retail sales (no exterior storage);
Poultry market (dressed only);
Produce market, retail;
Professional offices, (medical, dental, architect, engineers,
attorney, accountant and other similar professions);
Real estate sales office;
Residence,
One (1) or more apartments may be built above a commer
cial building, provided the whole bulding, including the
ground floor and second and third floors, has a side
yard setback of ten percent (10%) of the width of the
lot, with a minimum of three (3) feet and a maximum of
five (5) feet, and with no encroachment over City prop
erty; Conditional Use Permit required subject to Article
10;
Restaurant/cafe, beer and wine only permitted with Condition
al Use Permit subject to Section 10-7;
Shoe repair business;
Shoe store;
Stationery;
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Tailor shop;
Ticket broker;
Tile (ornamental);
Tobacco store;
Toy store;
Watch repair shop;
Weaving apparel shop (new only);
Yardage shop;
Other uses may be added by amendment in accordance with Arti
cle 15 of the Zoning Ordinance.
Section 8-3. C-2, Restricted Commercial Zone.
In a C-2 Zone, the following retail stores, shops, businesses and
services are permitted:
Those uses permitted in the C-1 Zone, except residential
uses;
Alcohol beverage establishments, on and off-sale; Conditional
Use Permit required subject to Sections 10-7 and 10-8;
Appliance (gas or electric) new, sales, and repair;
Autobmobile parts and accessories (new), retail sales;
Banks and financial institutions;
Baths, Turkish, Swedish and steam; Conditional Use Permit
required subject to Article 10 of the Zoning Ordinance and
Section 21-8 of the H.B. Municipal Code.
Billiard or pool halls;
Brokerage, stocks and bonds;
Carpet stores (including other forms of floor covering);
Clubs, private;
Dancing academy; Conditional Use Permit required subject to
Article 10;
Dancing, customer; Conditional Use Permit required subject to
Article 10;
Department stores;
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Drycleaning and dyeing:
Entertainment, live; Conditional Use Permit required subject
to Article 10;
Entertainment, special performances, sponsored by licensed
merchants or bona-fide residents' groups or clubs for benefit
purposes; Conditional Use Permit required subject to Article
10;
Funeral homes, including mortuaries;
Furniture store (new);
Garden equipment, small, hand-operated, sales & rentals;
Hardware store;
Hotels, motels;
Medical and dental laboratories;
Movie theaters; Conditional Use Permit required subject to
Article 10;
Museums;
Music academy; Conditional Use Permit required subject to
Article 10;
Musical instruments, retail and repair; Conditional Use Per
mit required subject to Article 10;
Newspapers, printers;
Pet grooming, no overnight kennels;
Radio and television stores, including repairs;
Restaurant, drive-up, drive-in, drive-thru, or walk-up; Con
ditional Use Permit required subject to Article 10;
Sporting goods store;
Supermarkets;
Surfboards (retail sales only);
Tanning salon; Conditional Use Permit required subject to
Article 10 of the Zoning Ordinance and Section 21-8 of the
H.B. Municipal Code;
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r Videotapes, general, no adult, rental and sales;
Other uses may be added by amendment in accordance with Arti
cle 15 of the Zoning Ordinance.
Section 8-4. C-3, General Commercial Zone.
In a C-3 Zone, the fol lowing retail stores, shops, businesses,
and services are permitted:
Those uses permitted in the C-1 and C-2 Zone, except
Residential;
Adult book store; Conditional Use Permit required subject to
Section 10-5;
Adult news rack; Conditional Use Permit required subject to
Section 10-6;
Adult theaters; Conditional Use Permit required subject to
Section 10-5;
Animal hospitals, provided that:
1. Boarding for other than surgical recovery or medical
treatment is prohibited;
2. Disturbing noises are prohibited and adequate
soundproofing shall be provided together with other con
ditions to control odors, method of disposal of dead
animals, and other aspects necessary to assure
compatibility;
3. Animals shall be housed within a building, and outdoor
runs or kennels shall be prohibited;
Arborist (tree surgeon);
Automobile agency, new or used car sales including trade-in,
may include repair and painting; Conditional Use Permit re
quired subject to Article 10;
Automobile body and fender repair; Conditional Use Permit
required subject to Article 10;
Automobile painting; Conditional Use Permit required subject
to Article 10;
Automobile rental business; Conditional Use Permit required
subject to Article 10;
Automobile repair business; Conditional Use Permit required
subject to Article 10;
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Automobile tops, replacement and repair, Conditonal Use Per
mit required subject to Article 10;
Automobile trailers (new or used), sales; Conditional Use
Permit required subject to Article 10;
Battery service business; Conditional Use Permit reql.lired
subject to Article 10;
Boat sales; conditional Use Permit required subject to Arti
cle 10;
Bowling alley;
Brick and stone (ornamental);
Bus station, not including terminal facilities;
Business schools;
Car wash, any type; Conditional Use Permit required subject
to Article 10;
Catering business;
Churches, synagogues, temples and other similar congrega
tions; Conditional Use Permit required subject to Article 10;
Circus or carnival, temporary; Conditional Use Permit re
quired subject to Article 10;
Convention hall; Conditional Use Permit required subject to
Article 10;
Equipment rental, including rental of customer-operated vehi
cles, other than passenger vehicles;
Film processing, including motion picture film;
Fortune tellers, psychics, and astrologers; Conditional Use
Permit required subject to Article 10;
Frozen food locker;
Furniture storage business;
Furniture (second hand);
Furniture reupholstering and redecorating;
Game arcade, if 5 or more machines, Conditional Use Permit
required subject to Article 10.
Glass installation, retail sales and service;
Gun shop;
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Gymnasium;
Health center, physical fitness;
Horticultural nurseries, commercial; Conditional Use Permit
required subject to Article 10;
Hospitals, general, psychiatric out-patient only; Conditional
Use Permit required subject to Article 10;
Ice, retail sales;
Laboratory, dental and or medical;
Lithographing busines;
Lumberyard, retail, provided all materials are stored within
an enclosed seven (7) foot high masonry wall and open storage
limited to a twenty (20) foot height;
Mattresses, retail sales;
Mimeographing business;
Minature golf course;
Monuments;
Motorcycle repair business; Conditional Use Permit required
subject to Article 10;
Parcel delvery terminal;
Pet stores, including sale of pets;
Photo engraving business;
Plumbing fixtures;
Precious metals, plating, retail;
Printing business, commercial;
Publishing business;
Radio and television stations only; Conditional Use Permit
required subject to Article 10;
Reducing salon;
Reupholstering and redecorating shop;
Secondhand merchandise, retail sales;
Service stations, gasoline; Conditional Use Permit required
subject to Section 10-4;
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Sign painting shop;
Skating rink, ice or roller;
Sound score production facility; Conditional Use Permit re
quired subject to Article 10;
Surfboard sales and manufacturing; Conditional Use Permit
required subject to Article 10;
Taxidermist business;
Telephone district office;
Telephone exchange;
Tire shop; Conditional Use Permit require subject to Article
10;
Tombstones;
Tool sharpening service:
a. restricted to grinding machines using one hundred ten
(110) volts or less and one-half (1/2) horsepower
maximum;
b. restricted to maximum of five (5) grinding machines;
c. located wholly within a substantial building enclosed on
all sides;
Towing service, vehicle;
Trade schools; Conditional Use Permit required subject to
Article 10;
Trailer, auto; Conditional Use Permit required subject to
Article 10;
Truck sales, new and used; Conditional Use Permit required
subject to Article 10;
Videotapes, 80% general, selling or renting;
Videotapes, adult, selling or renting solely adult videos;
Conditional Use Permit required subject to Section 10-5;
Wedding chapel;
Other uses may be added by amendment in accordance with Arti
cle 15 of the Zoning Ordinance;
Section 8-5. Standards and Limitations. Every use permitted or
maintained in C Zones shall be subject to the following:
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1. Parking. Parking shall be provided as specified by Article
11. 5;
2. Enclosures. All uses shall be conducted wholly within a
building enclosed on all sides, except for the following:
a. Outdoor uses permitted by Conditional Use Permit as
stated in the Permitted Use list;
b. Commercial parking lot;
c. Uses incidental to a use conducted primarily within a
building located on the premises; provided that such
incidental uses are not conducted in whole or in part on
sidewalks, public ways or within any required front or
rear yard; and provided, further, that such incidental
uses are of a type which cannot be economically or prac
tically conducted within buildings. Where incidental
uses are not conducted within a building, no part of the
area devoted to the incidental uses shall be considered
as part of the required parking facilities. All outdoor
storage or activities shall be substantially screened
from public vis ibi 1 i ty, public streets, parks or other
public places, and properties;
4. Merchandise. No merchandise shal 1 be sold other than at
retail. Sale of repossessed merchandise or secondhand mer
chandise taken in by the seller as a trade-in on new merchan
dise is permissible, provided that such sales are conducted
on the premises where such merchandise was originally sold,
or any successor locations;
5. S~gns. Signs for this Sect i on are regulated by Section 28A
l of the H.B. Municipal Code;
6. Building Height. Any building may have a maximum of 45 feet
in height;
7. Front Yard Setback. No lot need provide a front yard except
as may be required by a precise plan;
8. Alley Setback. Buildings shall conform with Article 11.5,
Section 1161;
9. Rear and Side ard Setback Ad"acent to Residential Zones. A
minimum rear and or side yard setback of eight feet shall
be provided, and an additional two (2) feet of setback shall
be provided for each story over the first story for struc
tures that abut residential zones, except where public right
of-ways, twenty (20) feet or greater in width, separate the
commercial zone from the residential zone;
10. Landscaping Adjacent to Residential Zones. The required rear
and/or side yard area shall be landscaped and provided with
an automatic watering system. Size, quantity, and type of
landscaping shall be subject to review and approval by the
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Planning Director. Landscaping shall be appropriately main
tained, trimmed, and void of weeds;
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Article 9. 11M11 Manufacturing Zone ("M" Zone)
The title shall be amended to read as follows:
Article 9. M-1, Light Manufacturing.
All of Article 9 shall be deleted and rewritten as follows:
Section 9-1. Purpose.
In the M-1 zone, no building shall be erected, constructed, re
constructed, structurally altered, or shall any building or land
be used for any purpose except as hereinafter specifically pro
vided and allowed by this Article.
The M-1 zone is established in order to provide areas in the City
within which a range of limited and restricted manufacturing and
wholesale business activities may be conducted. The limitations
imposed upon such uses are intended to control the intensity of
use and external effect upon surrounding areas, and to limit land
uses to those which can be operated in a clean, orderly, odor
less, pollution-free, and quiet manner.
Section 9-2. Permitted Uses.
In an M-1 zone, the following uses are permitted:
Assembly of electrical appliances such as:
a. Electronic instruments & devices;
b. Radios and phonographs, including manufacture of small
parts, such as coils;
Bakeries;
Bottling;
Cabinet shops, carpenter shops or furniture manufacture;
Carpet cleaning plants;
Ceramic products, manufacture of, including figurines, using
only previously pulverized clay and kilns fired only by elec
tricity or low pressure gas;
Electric or neon sign manufacturers;
Garment manufacturers;
Ice and cold storage plants;
Laboratories, experimental, motion pictures testing;
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Machine shops; Conditional Use Permit required subject to
Article 10.
Plastics, fabrication from;
Plumbing shop;
Rubber, fabrication of products made from finished rubber;
Sheet metal shops; Conditional Use Permit required subject to
Article 10;
Section 9-3. Standards and Limitations.
Every use permitted, or maintained in the M-1 zone shall be sub
ject to the following:
1. Parking. Parking shall be provided as specified in Article
11-5;
2. Enclosures. All uses shall be conducted wholly within build
ing enclosed on all sides, except for the following:
a . Outdoor uses permitted by Conditional Use Permit as
stated in the Permitted Use list;
b. Commercial parking lots;
c. Uses incidental to a use conducted primarily within
building located on the premises; provided that such
incidental uses are not conducted in whole or in part on
sidewalks, public ways or within any required front or
rear yard; and provided further, that such incidental
uses are of a type which cannot be economically or prac
tically conducted within buildings. Where incidental
uses are not conducted within a building, no part of the
area devoted to the incidental uses shall be considered
as part of the required parking facilities. All outdoor
storage shall be substantially screened from public
visibility, public streets, parks or other public places
and property;
3 . Signs. Signs for this Section are regul~ted by Section 23A-13
of the H.B. Municipal Code; =--
4. Building height. Any building may have a maximum of 35 feet
in height and have a maximum of two (2) stories;
5. Front yard setback. No lot need provide a front yard except
as may be required by a precise plan;
6. Alley setback. Any building located on an alley shall main
tain a distance of not less than three (3) feet from such
alley;
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7. Rear and Side ard setback ad"acent to residential zones. A
minimum rear and or side yared setback of eight feet
shall be provided, and additional two (2) feet of setback
shall be provided for each story over tfie first story for
structures that abut residential zones, excpt wher public
right-of-ways, twenty (20) feet or greater in width, separate
the M-1 zone from the residential zone;
8. ad"acent to residential zones. The required rear
and or side yard area shall be lan scaped and provided with
an automatic watering system. Size, quantity, and type of
landscaping shll be subject to review and approval by the
Planning Director. Landscaping shall be appropriately main
tained, trimmed and void of weeds;
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Article 10. Conditional Uses.
The Article 10 title shall be amended to read as follows:
Article 10. Conditional Use Permit Standards.
All of Article 10 shall be deleted and rewritten as follows:
Section 10-1. General Intent and Purpose.
The lists of conditions found within this Article for various
uses are intended to be standard conditions imposed on all such
proposed uses as specified. These conditions are not intended to
be the only conditions imposed, and each specific use noted may
have additional conditions imposed by the Planning commission
and/or City Council.
Any additional conditions may be based on criteria found within
this Article for all uses requiring a Conditional Use Permit and/
or factors related to the specific use and location.
Section 10-2. General Criteria for All Uses.
In considering the granting of any Conditional Use Permit for any
use, the following criteria for granting said permit shall be
considered:
1. Distance from existing residential uses.
2. The amount of existing or proposed off-street parking facili
ties, and its distance from the proposed use.
3. Location of and distance to churches, schools, hospitals and
public playgrounds.
4. The combination of uses proposed.
5. Precautions taken by the owner or opera tor of the proposed
establishment to assure the compatibility of the use with
surrounding uses.
6. The relationship of the proposed business-generated traffic
volume and the size of streets serving the area.
7. The proposed exterior signs and decor, and the compatibility
thereof with existing establishments in the area.
8. The number of similar establishments or uses within close
proximity to the proposed establishment.
9. Noise, odor, dust and/or vibration that may be generated by
the proposed use.
10. Impact of the proposed use to the City's infrastructure, and/
or services.
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11. Will the establishment contribute to a concentration of simi
lar outlets in the area.
12. Other considerations that, in the judgement of the Planning
Commission, are necessary to assure compatibility with the
surrounding uses, and the City as a whole.
Section 10-3. Coin Operated, Self-Service Car Wash.
The following minimum conditions and standards, in additon to any
other deemed necessary or appropriate to insure compatibility
with existing or future permitted uses in the vicinity, shall be
required:
1. The maximum operating hours shall be between 6:00 a.m. and
10:00 p.m. only.
2. All car wash structures and sites shall be maintained in a
neat and orderly condition. Daily sweeping and cleanup shall
be required. Annual repainting shall be required for all
structures other than those having a baked enamel finish, and
more frequent painting shall be required when necessary to
maintain a clean and neat appearance.
3. All car wash sites shall be supervised a minimum of four (4)
hours during each day of operation, and shall be securely
closed to vehicular access during those hours when operation
is prohibited.
4. Distance of any equipment including vacuum cleaners shall be
a minimum of fifty (SO) feet from adjacent residences.
5. A minimum six (6) foot masonry wall shall be provided along
the perimeter of the property abutting other private
properties.
Section 10-4. Service Stations {Gasoline Sales).
1. Normal service station sales and service, including minor
repairs and the installation of accessories, where such
operations may normally be completed within one (1) hour.
2. Lubrication, general repair and maintenance, and auto washing
by hand, provided that such operations are conducted by hand,
provided that such operations are conducted within a building
enclosed on at least three sides and in such a manner as not
to produce an objectionable odor, undue amount of noise, or
uns ight ly appearance, and so as not to constitute a nuisance
to adjacent residential or commercial uses.
3. Trailer rental, provided that trailers (i) are stored at
least twenty (20) feet from any street line, (ii) are stored
at least twenty (20) feet from any property line unless sepa
rated from the adjoining by a six (6) foot masonry wal 1,
(iii) are stored in a location not required for off-street
automobile parking, (iv) do not exceed a total of ten (10)
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rental trailers, and (v) are limited to units which do not
exceed four feet by twelve feet (4'xl2") in body size.
4 . Body and fender work and automobile painting are prohibited.
5 . Repair of trucks is limited to trucks one and one-half (1 1/
2) tons or less in size.
6. A service station abutting property zoned for residential
uses shall be separated therefrom by a concrete block wall
six (6) feet in height, excepting that the wall shall be
forty-two (42) inches in height for a distance equal to the
required front yard setback in the residential zone.
Section 10-5. Adult Book Stores, Video Stores and Theaters.
The fol lowing conditions shal 1 be imposed on al 1 adult book
stores and/or theaters, and when such conditions are met the
Planning Commission shall issue a Conditional Use Permit.
1. The establishment is located more than one hundred (100) feet
at the closest point, measured radially from the exterior
boundaries of the lot or parcel of land on which said es
tablishment is located, from a lot or parcel of residential
zoned property.
2. The establishment is located more than one thousand (1,000)
feet at the closest point, measured radially from the ex
terior boundaries of the lot or parcel of land on which said
establishment is located, from any property zoned or used for
school, church or park purposes.
3. The establishment must be more than one thousand (1,000) feet
from any other such establishment, measured radially from the
exterior boundaries of the lot or parcel of land upon which
each establishment is located.
4. The building within which said establishment is located meets
all health and safety codes of the State of California and
the City of Hermosa Beach.
5. The total of the use is inside the premises and none of the
materials inside the premises can be viewed from the outside
of the premises.
6. The signs are in accordance with the sign code of the City of
Hermosa Beach, except that any sign must include the iden
tifying words "Adult Bookstore".
7. No person under eighteen (18) years of age will be allowed to
enter the premises.
Section 10-6. Adult Newsrack.
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• The following conditions shall be imposed on all adult newsracks,
and when such conditions are met, the Planning Commission shall
issue a Conditional Use Permit.
1. All adult newsracks shall be located one thousand (1,000)
feet from the closest boundary line of any real property on
which is located any one of the following:
a. A school primarily attended by minors.
b. A church which conducts religious education classes for
minors.
c. A public park, public beach, or public recreation
facility.
2. An adult newsrack shall not be located within five hundred
(500) feet of any other adult newsrack or any adult
bookstore.
3. Each adult newsrack shall have the cover painted or be
opaque.
4. Each adult news rack shal 1 have permanently affixed thereto
the ·name, address and telephone number of the owner in a
place where such information may easily be read.
5. Each adult newsrack which in whole or in part rest upon, in
or over any public sidewalk or parkway, shall be subject to
all standards set forth in Section 29-28 through 29-30 of the
Code of the City of Hermosa Beach.
6. Each adult newsrack shall be maintained in a clean and neat
condition and in good ·repair at all times.
Section 10-7. On-Sale Alcohol Beverage Establishments.
The following conditions shall be imposed on all establishments
including restaurants which serve alcoholic beverages on the
premises:
1. The establishment shall not adversely affect the welfare of
the residents, and/or commercial establishments nearby.
2. The business shall provide adequate management and superviso
ry techniques to prevent loitering, unruliness, and bois
terous activities of patrons outside the business or in the
immediate area.
3. Noise emanating from the property shall be within the limita
tions prescribed by the City's Noise Ordinance and shall not
create a nuisance to the surrounding residential neighbor
hoods, and/or commercial establishments.
a. During the performance of any type of entertainment, the
exterior doors and windows shall remain closed.
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4. Screens shall be installed on all openable exterior windows
at ground floor level to prevent pass-through of alcoholic
beverages and to control flies.
5. Signs shall be posted in a conspicuous location warning
patrons of the illegality of open alcohol containers in any
public areas such as the public sidewalk and beach.
6. A manager or clerk who is aware of conditions of the Condi
tional Use Permit shall be on the premises during business
hours.
a. Each manager shall be given a copy of the Conditional
Use Permit and shall acknowledge by signature that the
Conditional Use Permit has been read and understood.
7. Al 1 alcoholic beverages shal 1 be served in non-throw-away
glass containers, including beer and wine.
8. The Police Chief may determine that a continuing police prob
lem exists and may require the presence of a police approved
doorman and/or security personnel.
9. Any violation of the conditions of approval and/or violation
of the Hermosa Beach Municipal Code may be grounds for a
public hearing for the revocation of the Conditional Use
Permit.
10. The exterior of the premises including parking areas shall be
maintained in a neat and clean manner at all times.
11. Any changes to the interior design shall be subject to review
and approval by the Planning Commission.
12. Prior to a Conditional Use Permit being in effect, the appli
cant shall submit to the Planning Department, a signed and
notarized "Acceptance of Conditions" form.
13. A Conditional Use Permit shall be recorded with the deed, and
proof of recordation shall be submitted to the Planning
Department.
14. The Planning Commission may review the Conditonal Use Permit
and may amend the subject conditions or impose any new condi
tions if deemed necessary to mitigate detrimental effects on
the neighborhood resulting from the subject use.
Section 10-8. Off-Sale Alcohol Beverage Establishments.
The following co n ditions shall be imposed on all establishments
engaged in the off-sale of alcoholic beverages:
1. Any new off-sale alcohol beverage establishments shall be a
minimum of one hundred (100) feet from any residential use
and/or zone.
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• • 2. Gasoline sales shall be prohibited at any establishment sell-
ing alcohol.
3. Measures shall be taken to control loitering on the premises
at all times.
4. Clearly visible signs prohibiting loitering, consumption of
alcohol on the premises and 1 imi ting the parking period to
one-half (1/2) hour shall be posted in conspicuous locations.
5. The entire parking lot shall be illuminated and designed not
to produce glare on adjoing property; lighting shall be re
viewed and approved by the Planning Commission.
6. The establishment shall not adversely affect the welfare of
the residents, and/or commercial establishments nearby.
7. The business shall provide adequate management and superviso
ry techniques to prevent loitering, unruliness, and bois
terous activities of patrons outside the business or in the
immediate area.
8. An employee who is aware of conditions of the Conditional Use
Permit shall be on the premises during business hours.
a. All employees shall be given a copy of the Conditional
Use Permit and shall acknowledge by signature that the
Conditional Use Permit has been read and understood.
9. The Police Chief may determine that a continuing police prob
lem exists and may require the presence of a police approved
doorman and/or security personnel.
10. Any violation of the conditions of approval and/or violation
of the Hermosa Beach Municipal Code may be grounds for a
public hearing for the revocation of the Conditional Use
Permit.
11. The exterior of the premises including parking areas shall be
maintained in a neat and clean manner at all times;
12. Any changes to the interior design shall be subject to review
and approval by the Planning Commission.
13. Prior to a Conditional Use Permit being in effect, the appli
cant shal 1 submit to the Planning Department, a signed and
notarized "Acceptance of Conditions" form.
14. A Conditional Use Permit shall be recorded with the deed, and
proof of recordation shall be submitted to the Planning
Department.
15. The Planning Commission may review the Conditional Use Permit
and may amend the subject conditions or impose any new condi
tions if deemed necessary to mitigate detrimental effects on
the neighborhood resulting from the subject use.
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Section 10-9. Day Care Homes, Large.
The Planning Commission shall grant a permit if all of the fol
lowing conditions are met:
1. Maximum number of children shall be twelve (12).
2. A minimum of six (6) on-site parking spaces shall be provided
not including the two (2) required on-site resident spaces.
3. There shall be compliance with requirements of the Home Oc
cupation Permit, Section 4-2.
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ARTICLE 13. GENERAL PROVISIONS. CONDITIONS. AND EXCEPTIONS -
NONCONFORMING BUILDINGS AND USES
Article 13 shall be amended to add the following section:
Section 1304. Nonconforming Alcohol Beverage Establishment. On
and Off-Sale.
This Conditional Use Permit process, established pursuant to this
ordinance, shall apply to establishments which sell alcohol and
fall into the any catagory of use which requires a Cond i tional
Use Permit in order to sell alcoholic beverages in the City of
Hermosa Beach. All establishments which do not possess a
Conditional Use Permit for the sale of alcoholic beverages on the
effective date of this ordinance shall be required to apply for a
Conditional Use Permit within two (2) years of the effective date
of this ordinance.
Upon the filing of an application, each establishment must
diligently prosecute its application and receive a Conditional
Use Permit under the standards in effect at the time of the
effective date of this ordinance. Said application must be heard
before the Planning Commission within six months of the filing of
the application. Any applicant may be granted an extension of
time within which to receive their Conditional Use Permit if they
can demonstrate to the Planning Commission there is good cause
for an extension of time necessary to receive the permit.
If no permit is either sought or granted within the time periods
specified above,. such establishment shall no longer have the
legal authority to sell alcoholic beverages within the boundaries
of the City of Hermosa Beach.
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