HomeMy WebLinkAboutORD-25-1487 (AMENDING HBMC TEMPORARY USES AND EVENTS) Page 1 of 14 ORD-25-1487
CITY OF HERMOSA BEACH
ORDINANCE NO. ORD-25-1487
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, AMENDING HERMOSA BEACH MUNICIPAL CODE:
1) CHAPTER 14.04 GENERAL DEFINITIONS; 2) CHAPTER 17.28
REGARDING M-1 LIGHT MANUFACTURING ZONE; AND 3) CHAPTER 17.42
REGARDING GENERAL PROVISIONS, CONDITIONS AND EXCEPTIONAL
USES, PERTAINING TO TEMPORARY USES AND EVENTS (TA25-01), AND
DETERMINE THE PROJECT IS EXEMPT UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION
21080.17 OF THE CALIFORNIA PUBLIC RESOURCES CODE
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. The City Council on November 12, 2024, directed staff to
update the temporary minor special events as a targeted zoning text
amendment;
SECTION 2. The Planning Commission conducted a study session on
temporary uses and temporary event regulations, including temporary minor
special events on December 16, 2024, and February 2, 2022;
SECTION 3. The Planning Commission held a duly noticed public hearing
on February 18, 2025, and recommended the City Council amend Title 17 of the
Hermosa Beach Municipal Code (TA25-01);
SECTION 4. The proposed project is exempt under the California
Environmental Quality Act (CEQA) and qualifies for an exemption from CEQA
pursuant to Section 15061(b)(3) (Common Sense Exemption) of the State CEQA
Guidelines (Chapter 3 of Division 6 of Title 14 of the California Code of
Regulations). The activity is covered by the Common Sense Exemption that
CEQA applies only to projects which have the potential for causing a significant
effect on the environment. There is no possibility that the proposed change to
the zoning code may have a significant effect on the environment, therefore the
activity is not subject to CEQA. No special circumstances exist that the proposed
change would create a significant adverse effect on the environment (i.e. no
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sensitive species or habitats, no hazardous sites, no scenic highways, no historic
resources, etc.);
SECTION 5. On April 8, 2025, and May 27, 2025, the City Council held a duly
noticed public hearing and finds the proposed amendments are consistent with
the City’s General Plan; and
SECTION 6. The following alphabetical list of definitions in Section 17.04.040
(General definitions) of Chapter 17.04 (Definitions) of Title 17 (zoning) is amended
to include the following definitions:
Coastal Zone. That land and water area, which includes parts of the City of
Hermosa, specified on the maps identified and set forth in Section 17 of Chapter
1330 of the Statutes of 1976, extending seaward to the state's outer limit of
jurisdiction, including all offshore islands, and extending inland generally 1,000
yards from the mean high tide line of the sea. In significant coastal estuarine,
habitat, and recreational areas it extends inland to the first major ridgeline
paralleling the sea or five miles from the mean high tide line of the sea, whichever
is less, and in developed urban areas the zone generally extends inland less than
1,000 yards. The Coastal Zone Boundaries are depicted in General Plan Figure 2.0
Local Setting.
Incidental use. A use is customarily incidental to, related, and clearly subordinate
to a principal use established on the same parcel, which does not fundamentally
alter the intensity of the principal use and does not allow a use requiring an
entitlement unless approved by the decision-making body or uses regulated by
separate license or permit process.
Temporary activity. Shall mean both “temporary uses” and “temporary events.”
Temporary event. An activity allowed on private property for a limited duration
beyond what is permitted in the zone and does not directly conflict with any
existing approved entitlement (Conditional Use Permit, Parking Plan, etc). Public
assembly and entertainment of a temporary nature for activities such as
concerts, festivals, sports, cultural, philanthropic and/or educational events; and
other commercial events deemed similar by the decision maker.
Temporary use. Shall mean the use of a property that is not meant to be
permanent.
SECTION 7. The “Event, Limited” row in the matrix Titled, “M-1 Zone, Land
Use Regulations” of Section 17.28.020 (Permitted Uses) shall hereby amended as:
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Use M-1 See Section
SECTION 8. The following list of sections of Chapter 17.42 (General Provisions,
Conditions and Exceptional Uses) are hereby deleted: Section 17.42.060 (Temporary
real estate office) and Section 17.42.070 (Temporary constructions buildings).
SECTION 9. The following section, 17.42.150 (Temporary Minor Special
Events) of Chapter 17.42 (General Provisions, Conditions and Exceptional Uses), of
the Hermosa Beach Municipal Code is hereby repealed and replaced as follows:
17.42.150 Temporary Uses and Temporary Events. The City recognizes that short-
term activities can promote development, businesses, and provide benefits to the
community. As activities permitted on a limited basis, an activity may not comply
with all development standards in the Zone but is consistent with the general
purpose of the zone. Standards are needed to ensure basic public health, safety,
and welfare standards are maintained during its temporary operation.
Temporary activities established in this section may be allowed on private
property, subject to the issuance of an Administrative Permit by the Community
Development Director. Conditions may be imposed to minimize impacts and
ensure compliance with the required findings set forth in
Chapter 17.55. Uses other than the following shall comply with the use and
development regulations and permit requirements that otherwise apply to the
property.
A. Temporary Uses. The following temporary uses may be allowed upon
approval of the Administrative Permit issued in accordance with Chapter
17.55 by the Community Development Director and the following:
1. Construction Yards, Off-Site. Contractor construction yards,
including storing building materials, located off-site from an
approved construction project within the city. The permit shall expire
upon completion of the construction project or expiration of the
building permit, whichever occurs first.
2. Residence. A mobile home as a temporary residence of the
property owner in conjunction with a valid building permit for a new
single-family or multi-family dwelling. In addition, a mobile home
may be used as a temporary residence of the property owner when
a valid building permit has been issued for the remodel of a single-
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family dwelling and the building official has determined that the
extent of such remodel would prevent the safe occupancy of the
dwelling. The temporary use permit may be approved for up to two
(2) years or upon expiration of the building permit, whichever occurs
first. The permit may be renewed upon reapplication and subject to
the Community Development Director’s determination that the
applicant has made a good faith effort to complete construction.
3. Storage Containers. Storage containers, in conjunction with an
approved construction project within the City of Hermosa Beach.
The permit shall expire upon completion of the construction project
or the expiration of the building permit authorizing the construction
project.
4. Work Trailers. A trailer or mobile home as a temporary work site for
employees of a business may be allowed when a valid building
permit within the city has been issued for up to one year, or upon
expiration of the building permit, whichever occurs first.
5. Similar Temporary Uses. Similar temporary uses that, in the opinion of
the Community Development Director, are compatible with the
zoning district and surrounding land uses. The use would be limited
to the standards of the temporary activity it was most similar to.
B. Exempt Temporary Uses. The following temporary uses shall be exempt
from the provisions of an Administrative Permit:
1. Garage Sales. Garage sales in a residential zone or on residential
properties in a commercial zone, subject to Chapter 5.44;
2. Construction Yards, On-Site. A contractor’s construction yard,
located on a site with an approved construction project.
3. Public Special Events. Temporary Uses on private property approved
by City Council as part of a Special Event on Public Property in
accordance with Chapter 12.30;
4. Food Truck. Mobile food truck in conjunction with an approved
construction project and only during the time when construction
workers are working on-site; or
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5. Temporary Real Estate Office. A real estate sales office with an
approved building permit, may be established within a residential
development project area to sell homes on-site.
C. Temporary Events. The following events may be allowed on private
property upon approval of an Administrative Permit by the Community
Development Director or designee and as summarized in Table 17-42.150-
1 below:
1. Limited Events, Cypress District (M-1 Zone). An indoor event
permitting the showcasing of art or the goods produced by a
business located in the Cypress District Character Area in the M-1
zone. The Cypress District is comprised of properties located on
Cypress Avenue, Valley Drive, and 6th Street as established in the
General Plan. Limited Events shall be subject to the following:
a. Zone. Only within the Cypress District, Character Area of the
General Plan and M-1 Zone.
b. Location. Indoors.
c. Frequency. Events may occur up to seventy-two (72) days in
a year, six (6) per month for a maximum of five (5) hours
each, but no more than two (2) in a seven (7) day period.
d. Restricted Days. A temporary event may be restricted from
operating on any date when the Chief of Police or designee
determines the accumulation of activities in the city may
exceed its capacity to protect public safety adequately.
Events are prohibited on the following days: St. Patrick’s Day,
Cinco De Mayo, Memorial Day weekend, Labor Day
weekend, Fourth of July, or New Year’s Eve.
e. Permit Duration. A limited event permit is effective for two (2)
years.
f. Hours. Within the hours of 8:00 a.m. and 10:00 p.m.
g. Entertainment. Amplified entertainment is limited to 8:00 a.m.
to 10:00 p.m. for not more than five (5) hours in any day.
Noise levels shall not exceed eighty (80) dBA at the property
line. At no time may noise levels constitute a nuisance or
violate the noise control ordinance in Chapter 8.24.
h. Maximum Occupancy. The number of attendees shall not
exceed the maximum occupancy load of the business’
interior at any time. The business must post a sign stating the
maximum occupancy and monitor the number.
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i. Alcohol. The service and consumption of alcoholic
beverages shall obtain and display the appropriate
Department of Alcoholic Beverage Control approval.
j. Retail. Accessory retail is limited to products related to
primary business use during limited event periods. Limited
events may not be appropriate for distribution businesses or
contractor uses, for example.
k. Limitations. If the subject property is governed by a
conditional use permit or parking plan, the administrative
permit shall not be approved unless the proposed use is
timed and designed so it does not conflict with the purpose
and requirements of the conditional use permit or parking
plan.
2. Temporary Minor Special Events. A temporary minor special event
for the use of a premise for an activity that exceeds the scope of the
business licensed and approved for such premises. Special events
may be indoors or outdoors and include entertainment and
assembly events, flea markets, rummage sales, fairs, festivals, and
car shows. Special events shall be subject to the following:
a. Uses.
i. Uses permitted by right in the zone, and uses
requiring an entitlement such as a CUP to
operate in the Zone.
ii. Uses prohibited include those uses prohibited by
a discretionary approval, Title 17, adult uses.
iii. Uses determined by the Community
Development Director to be incompatible with
the surrounding area due to safety, health or
welfare concerns that cannot be mitigated.
b. Zone. Temporary Minor Special Events are allowed within 1)
the C-1, C-2, and C-3 zones; 2) the M-1 zone; 3) SPA zones
that allow non-residential uses; and 4) in Residential zones
on property developed with legal nonconforming-
nonresidential uses.
The use is additionally allowed without an administrative
permit in OS zones accessory use to Hermosa
Beach City School District facilities compliant with the
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regulations in this section, provided the use is approved by
the Hermosa Beach City School District.
c. Location. All elements of the use shall be contained on
private property.
Zones Location
that allow non-residential
uses, and R zones
developed with a non-
combination of the two
conducted indoors and
outdoors. The indoor
portion of the event shall
not be less than 50% of
d. Frequency. Events may occur up to seventy-two (72) days in
any twelve-month period, with a maximum of twenty-four
(24). Events shall last no more than three (3) consecutive
days, with no more than two events a month and a minimum
of five (5) days between events.
e. Restricted Days. A temporary event may be restricted from
operating on any date when the Chief of Police or designee
determines the accumulation of activities in the city may
exceed its capacity to protect public safety adequately.
Events are prohibited on the on the following days: St.
Patrick’s Day, Cinco De Mayo, Memorial Day weekend,
Labor Day weekend, Fourth of July, or New Year’s Eve.
f. Permit Duration. An administrative permit for a temporary
minor special event shall not exceed twelve (12) months
from the first approved event.
g. Hours.
Zones Hours
developed with a non-
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h. Management.
i. The event may only be issued to the property
owner, business owner, or business licensee
holder, and the permit holder shall be present on
the property for the duration of the use including
set up and breakdown.
ii. The Permittee shall have control over
attendance. Advertising and media to attract
people to the event shall be moderated to
reduce potential for impacts. Adequate security
should be provided.
i. Entertainment. Amplified entertainment is limited to 10:00
a.m. to 9:00 p.m. for not more than four (4) hours in any day.
Noise levels shall not exceed eighty (80) dBA at the property
line. At no time may noise levels constitute a nuisance or
violate the noise control ordinance in Chapter 8.24.
j. Sanitary Facilities. For events longer than one (1) hour in
duration or where food is provided, restroom access for both
employees and customers shall be provided. Portable
restroom facilities may be permitted in combination with
hand washing stations.
k. Lighting. Any lighting shall be shielded, downcast and
directed onto the subject property. No strobe light or
beacons are permitted.
l. Maximum Occupancy. The occupancy of any structures or
spaces, whether indoor or outdoor, shall be consistent with
building and fire codes and safety protocols as determined
by the Community Development Director or designee.
m. Alcohol. The sale, service, or consumption of alcoholic
beverages shall obtain and display the appropriate
Department of Alcoholic Beverage Control approval.
Outdoor activities involving alcoholic beverages shall be
located at least three hundred (300) feet from any public-
school property between 7:00 a.m. and 6:00 p.m. on school
days unless the Hermosa Beach City School District has been
consulted and any concerns are mitigated to the city's
satisfaction.
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n. Food Trucks. May only operate in conjunction with a
temporary minor special event, unless exempt under
Section 17.42.150.B.4.
o. Signs. A temporary sign shall be allowed with a temporary
special event in accordance with Section 17.50.210.
p. Additional Permits.
i. Special events may be subject to additional
permits and other city or agency approvals,
licenses, and inspections required by applicable
laws and regulations.
ii. A Temporary Use Permit may not conflict with
the governing entitlement (CUP, Parking Plan,
etc.).
q. Parking.
i. All existing accessible parking must be
maintained on-site in Americans with Disabilities
Act;
ii. In parking lots with fourteen (14) or fewer spaces,
no additional parking shall be required, provided
that alternative modes of transit (such as biking,
walking, ride-share, etc.) are prominently
promoted as part of any event advertising.
iii. In a parking lot with fifteen (15) or more parking
spaces, where more than five spaces would be
displaced, the applicant must offset any
displaced parking greater than five spaces by
implementing a temporary parking demand
management plan. This plan is subject to the
review and approval of the Community
Development Director. The plan may include
temporary non-public off-site parking (with the
property owner's authorization), valet parking,
shared parking, bicycle parking, ride-sharing
options, and shuttle services; and
iv. IV. Based on the characteristics and type of
event, the Community Development Director
may require additional parking to address the
anticipated demand generated from an event
in any size parking lot.
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r. Removal. The site shall be restored within two (2) business
days of the event.
s. Exceptions. Any deviation from these standards and
limitations of this section shall require approval of a
Conditional Use Permit in compliance with Chapter 17.40.
t. Conditions.
i. The use may be subject to conditions to mitigate
impacts on the surrounding area and ensure
adequate provision of services., relating to the
number of people, traffic, line of sight, type, and
volume of amplified music or entertainment, day
of week and hours, sanitation, environment,
concentration of activity and events during the
same time period, availability of city services to
protect the health, safety, and welfare of the
public and property, compliance with other
provisions of law, and other similar considerations.
ii. The Temporary Minor Special Event shall comply
with the limitations of the conditions of approval
for any approved entitlement.
u. Modification.
i. If, due to inclement weather or other similar,
unforeseen circumstances, it is necessary to
change the approved event date(s), the
Community Development Director may, after
review, approve alternative date(s) subject to
the timely filing of the request. The applicant must
pay a reasonable administrative fee for an
amendment in accordance with the adopted
fee schedule.
ii. If an applicant elects to add dates to a previously
approved permit within the maximum total
allowed, the Community Development Director
may approve alternative date(s) subject to the
timely filing of the request. The applicant must
pay a reasonable administrative fee for an
amendment in accordance with the adopted
fee schedule.
iii. If substantial changes to the event location and
programming approved as part of the original
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permit are requested, the applicant must pay the
permit application fee.
v. Revocation.
i. An administrative permit may be revoked or
modified with only a twenty-four hour (24) notice
to the holder of the administrative permit:
provided, however, that an administrative permit
may be immediately revoked and the event
ordered concluded at any time during the course
of the event by the highest ranking police officer
on duty at the time upon their determination that
the event is violating state law or is violating one
(1) or more conditions of approval, or
determination that the event has become a
threat to public safety.
ii. If the administrative permit has been revoked or
documented problems have occurred or not
abated, the Community Development Director
may deny a future application for a similar event
on the same property for a one (1) year period.
3. Outdoor Sales Events. Temporary outdoor sale of merchandise
related to an existing licensed business on-site
with temporary outdoor sale of merchandise:
a. Location. Located in a non-residential zone on a lot
developed with non-residential use.
b. Frequency. A maximum of four (4) times in a twelve-month
period for up to four (4) days per event.
c. Hours. 9:00 a.m. to 8:00 p.m.
d. Removal. The site shall be restored within one (1) business day.
e. Conditions. Conditions may be imposed to minimize impacts
and ensure compliance with the required findings set forth in
Chapter 17.55.
4. Seasonal Sales Lots. Seasonal sales activities, for example, pumpkin
patches and tree lots, including temporary security trailers, on
nonresidential properties, in compliance with the following:
a. Location. In a non-residential zone on a lot developed with
nonresidential use.
b. Frequency. A maximum of one (1) annually, for a maximum
of 45 days each.
c. Hours. 9:00 a.m. to 8:00 p.m.
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d. Parking/Loading Spaces. Parking shall be provided to the
satisfaction of the Community Development Director.
e. Temporary Fencing. Temporary fencing in accordance
Section 17.46.130.
f. Removal. The site shall be restored within seven (7) days
following event.
g. Conditions. Conditions may be imposed to minimize impacts
and ensure compliance with the required findings set forth in
Chapter 17.55.
5. Similar Temporary. Similar temporary events that, in the opinion of
the director, are compatible with the zoning district and surrounding
land uses. The use would be limited to the number of occurrences
and standards of the temporary activity it was most similar to.
D. Exempt Temporary Events. The following temporary activities shall be
exempt from the provisions of an Administrative Permit:
1. Public School. Temporary Minor Special Events located within the
Hermosa Beach City School District facilities are compliant with the
regulations in Section 17.42.150, provided the use is approved by the
Hermosa Beach City School District; or
2. Special Events on Public Property. Temporary Events on private
property approved by City Council as part of a Special Event on
Public Property in accordance with Chapter 12.30.
Incidental Use. Incidental uses that are customary to the primary use,
such as parlor games, book signings, poetry readings, or other similar
uses that are held within the building and operated as part of the
licensed business on-site. Incidental uses must comply with all HBMC
standards and any condition of an applicable entitlement.
Incidental uses do not include uses requiring an entitlement or
regulated by a separate licensing or permit process.
Table 17.42-050-1 – Temporary Event Table
Temporary Event Type
Limited Events 6 per month for a
maximum of 5 hours
each, but no more
than 2 in a 7-
day period
72 days
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SECTION 10. The following list of sections of Chapter 17.42 (General Provisions,
Conditions and Exceptional Uses) are hereby repealed: Section 17.160 (Temporary
seasonal sales lots.) and Section 17.42.200 (Events, Limited).
SECTION 11. Severability. If any section, subsection, subdivision, sentence,
clause, phrase, or portion of this ordinance is for any reason held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such
decision will not affect the validity of the remainder of this ordinance. The City
Council hereby declares that it would have adopted this ordinance, and each
and every section, subsection, subdivision, sentence, clause, phrase, or portion
thereof, irrespective of the fact that any one or more sections, subsections,
subdivisions, sentences, clauses, phrases, or portions thereof is declared invalid or
unconstitutional.
SECTION 12. Effective Date. This Ordinance shall take effect thirty (30) days
after its passage and adoption pursuant to California Government Code section
36937.
SECTION 13. 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
Table 17.42-050-1 – Temporary Event Table
Temporary Event Type
Temporary
Minor
Special
Event 3 days
72 days for a
maximum of 24
events, with no
more than 2
events per month
5 days between
events
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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 10th day of June 2025
AYES: MAYOR SAEMANN, MAYOR PRO TEM DETOY, COUNCILMEMBER
JACKSON, COUNCILMEMBER KEEGAN, and COUNCILMEMBER
FRANCOIS
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Mayor Rob Saemann
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA
ATTEST: APPROVED AS TO FORM:
______________________________ ____________________________
Myra Maravilla Todd Leishman
City Clerk Interim City Attorney
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REINTRODUCED: 5/27/2025
ADOPTED: 6/10/2025
State of California )
County of Los Angeles )ss
City of Hermosa Beach )
June 11, 2025
Certification of Council Action
ORDINANCE NO. ORD-25-1487
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, AMENDING HERMOSA BEACH MUNICIPAL
CODE: 1) CHAPTER 14.04 GENERAL DEFINITIONS; 2) CHAPTER 17.28
REGARDING M-1 LIGHT MANUFACTURING ZONE; AND 3) CHAPTER
17.42 REGARDING GENERAL PROVISIONS, CONDITIONS AND
EXCEPTIONAL USES, PERTAINING TO TEMPORARY USES AND EVENTS
(TA25-01), AND DETERMINE THE PROJECT IS EXEMPT UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO
SECTION 21080.17 OF THE CALIFORNIA PUBLIC RESOURCES CODE
I, Myra Maravilla, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the above and foregoing Ordinance No. ORD-25-1487 was
duly approved and adopted by the City Council of said City at its regular meeting
thereof held on the 10th day of June 10, 2025, and passed by the following vote:
AYES: MAYOR SAEMANN, MAYOR PRO TEM DETOY, COUNCILMEMBER
JACKSON, COUNCILMEMBER KEEGAN, AND COUNCILMEMBER
FRANCOIS
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
_____________________________
Myra Maravilla
City Clerk
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