ZONING
Chapter 17.40
CONDITIONAL USE PERMIT AND OTHER PERMIT STANDARDS

	17.40.010	General intent and purpose.
	17.40.020	General criteria for all uses.
	17.40.030	Coin operated, self-service car wash.
	17.40.040	Service stations (gasoline sales).
	17.40.050	Adult businesses
	17.40.070	Adult newsrack.
	17.40.080	On sale alcohol beverage establishment.
	17.40.090	Off-sale alcohol beverage establishment open between the hours of 11:01 p.m. and two a.m.
	17.40.100	Large day care homes.
	17.40.110	Day nursery, preschools and after school child care with thirteen or more children.
	17.40.120	Reverse vending machine(s).
	17.40.130	Recycling--Small collection facilities.
	17.40.140	Recycling--Large collection facilities.
	17.40.150	Youth Hostel
	17.40.160	Massage Therapy Business
	17.40.170	Wireless Communications Facilities.
	17.40.180	Mixed-Use Development (C-1 Zone)
	17.40.190	Educational institutions (C-3 Zone)
	17.40.200	Small Wind Energy Systems

 

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17.40. 010  General intent and purpose.

    The lists of conditions found within this chapter 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. (Prior code Appx. A, § 10-1)

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17.40. 020  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 facilities, 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 operator 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;
11. Will the establishment contribute to a concentration of similar outlets in the area;
12. Other considerations that, in the judgment of the planning commission, are necessary to assure compatibility with the surrounding uses, and the city as a whole. (Prior code Appx. A, § 10-2)

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17.40. 030  Coin operated, self-service car wash.

    The following minimum conditions and standards, in addition to any other deemed necessary or appropriate to ensure compatibility with existing or future permitted uses in the vicinity, may be required:

1. The maximum operating hours shall be between six a.m. and ten 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 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 (50) feet from adjacent residence.
5. A minimum of six-foot masonry wall shall be provided along the perimeter of the property abutting other private properties. (Prior code Appx. A, § 10-3)

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17.40. 040  Service stations (gasoline sales).

    The following uses and activities, and minimum conditions and standards, in addition to any other deemed appropriate or necessary to ensure compatibility with existing or future permitted use in the vicinity, may be allowed and/or required;

1. Normal service station sales and service, including minor repairs and the installation of accessories, where such operations may normally be completed within one hour;
2. Lubrication, general repair and maintenance, and auto washing 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 unsightly 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 separated from the adjoining by a six-foot masonry wall; (iii) are stored in a location not required for off-street automobile parking; (iv) do not exceed a total often rental trailers; and (v) are limited to units which do not exceed four feet by twelve (12) feet 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 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 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. (Prior code Appx. A, § 10-4)

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17.40. 050  Adult businesses.

1. In lieu of the findings required by Section 17.40.020, the Planning Commission shall approve an application for a conditional use permit for an adult business where evidence presented substantiates all of the following findings.
   1. The exterior walls of the proposed establishment are located more than two hundred (200) feet from the exterior boundaries of any lot or parcel of residentially zoned property, any property used for a church, temple or other place used exclusively for religious worship, or any playground, park with recreational facilities or school.
   2. The exterior walls of the proposed establishment are located more than one thousand (1000) feet from the exterior boundaries of any lot or parcel of land upon which any other such adult business establishment is located.
   3. For adult businesses that will operate more than four (4) film or video viewing machines or booths, the proposed establishment is capable of providing one off-street parking space for every such machine or booth in excess of the four machines or booths.
2. In addition to any other applicable standards set forth in the Zoning Ordinance, an adult business must meet the following design and performance standards:
   1. All building openings, entries and windows shall be designed or screened so that the contents may not be seen from the public sidewalk or equivalent public areas accessible to minors.
   2. The number of film or video viewing machines or booths shall not exceed one machine per one hundred (100) square feet of floor area.
   3. Notwithstanding the parking requirements in Chapter 17.44 of this Code, an adult business that operates more than four (4) film or video viewing machines or booths must maintain a minimum of one off-street parking space for every such machine or booth in excess of the four machines or booths.
   4. The public interior areas shall be fully and brightly lighted and arranged so that all indoor areas of the business within which patrons are permitted, except restrooms, shall be open to view by management at all times and so that the entire body of any patron is visible by management at all times.
   5. There shall be no doors or other similar closable screens on video or film viewing booths. No viewing machine or booth may be occupied by more than one person at any one time. The walls or partitions between viewing machines or booths shall be maintained in good repair at all times and shall not contain holes between any two machines or booths as would allow either:
      1. Viewing from one machine or booth into another; or
      2. Physical contact of any kind between the occupants of any two rooms.
   6. Trash dumpsters shall be enclosed by a screening enclosure and locked at all times so as not to be accessible to the public.
   7. Landscaping shall not exceed thirty (30) inches in height, except trees with foliage not less than six feet above ground.
   8. All off-street parking areas and premises entries of the adult business shall be illuminated from sunset to closing hours of operating with a lighting system which provides an average maintained horizontal illumination of one footcandle of light on parking surfaces and walkways. The lighting shall be shown on plans submitted pursuant to the application for the adult business.
   9. The business shall maintain a security system that visually monitors and records all off-street parking surfaces serving the business. The records shall be maintained for a minimum of thirty (30) days and shall be made available to the Police Chief.
   10. Every establishment shall have clearly visible signs at all entrances stating “Adults Only- No Minors Allowed,” or equivalent wording.
   11. The business shall not display on the outside of the building any obscene or offensive signs containing statements, words, or pictures of an obscene or indecent character which appeal to the prurient interest in sex, or which are patently offensive and do not have serious literary, artistic, political, or scientific value.
   12. The business shall employ a person on the premises to act as manager at all times during which the business is open. (Ord. 08-1291 §3, 3/11/2008; Ord. 95-1130 § 5, 1995: prior code Appx. A, § 10-5)

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17.40. 070  Adult newsrack.

    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:
   1. A school primarily attended by minors;
   2. A church which conducts religious education classes for minors;
   3. 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 newsrack shall 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 rests upon, in or over any public sidewalk or parkway, shall be subject to all standards set forth in Sections 12.32.010 through 12.32.030.
6. Each adult newsrack shall be maintained in a clean and neat condition and in good repair at all times. (Prior code Appx. A, § 10-6)

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17.40. 080  On sale alcohol beverage establishment.

    The following minimum conditions and standards, in addition to any other deemed necessary or appropriate to ensure compatibility with existing or future permitted use in the vicinity, may be required:

1. The establishment shall not adversely effect the welfare of the residents, and/or commercial establishments nearby.
2. The business shall prevent loitering, unruliness and boisterous activities of the patrons outside the business or in the immediate area.
3. The police chief may determine that a continuing police problem exists, and may, subject to the review of the planning commission, direct the presence of a police approved doorman and/or security personnel to eliminate the problem. If the problem persists the chief then shall submit a report to the planning commission, which will automatically initiate a review of this conditional use permit by the commission.
4. The exterior of the premises shall be maintained in a neat and clean manner, and maintained free of graffiti at all times.
5. Any changes to the interior layout which alter the primary function of the business shall be subject to review and approval by the planning commission. (Ord. 95-1130 § 7 (part), 1995: prior code Appx. A, § 10-7)

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17.40. 090   Off-sale alcohol beverage establishment open between the hours of 11:01 p.m. and two a.m.

1. Any new off-sale alcohol beverage establishments open between the hours of 11:01 p.m. and two a.m. the next day shall be a minimum of one hundred (100) feet from any residential use and/or zone.
2. The following minimum conditions and standards, in addition to any other deemed necessary or appropriate to ensure compatibility with existing or future permitted use in the vicinity, may be required:
   1. The establishment shall not adversely effect the welfare of the residents, and/or commercial establishments nearby.
   2. The business shall prevent loitering and littering on the premises at all times.
   3. Clearly visible signs prohibiting loitering, littering, on the premises and limiting the parking period to two hours shall be posted in conspicuous locations.
   4. The exterior of the premises shall be maintained in a neat and clean manner, and maintained free of graffiti, at all times.
   5. Any changes to the interior layout which would alter the primary function of the business shall be subject to review and approval by the planning commission. (Ord. 95-1130 §7 (part), 1995: Ord. 94-1118 §2, 1994; prior code Appx. A, §10-8)

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17.40.100 Large day care homes.

1. Number of children. Large day care homes are permitted as an accessory use to a single family detached dwelling if a Day Care Permit is approved pursuant to this Section. Such day care homes provide care for seven to 12 children, but may also provide care for up to 14 children if all of the following conditions are met:
   1. At least two of the children are at least six years of age.
   2. No more than three infants are cared for during any time when more than 12 children are cared for.
   3. The licensee notifies each parent that the facility is caring for two additional school age children and that there may be up to 13 or 14 children in the home at one time.
   4. The licensee obtains the written consent of the property owner when the day care home is operated on property that is leased or rented.
2. Requirements for large day care homes. Large day care homes shall conform to the following requirements:
   1. All facilities shall comply with this section and with any additional requirements imposed as part of the Day Care Permit or of any other applicable permit.
   2. All facilities shall comply with the development standards of the residential district in which they are located.
   3. Parking shall be provided in accordance with the applicable requirements of the primary residential us of the property.
   4. Restrictions to ensure compliance with City noise regulations (Municipal Code Chapter 8.24) may be placed on the operation of the day care home, including but not limited to the time and location of outdoor activities.
3. Findings for approval of large day care homes. Large day care homes shall be permitted by the Director of Community Development. The Director shall approve the Day Care Permit if the following findings are met:
   1. The requirements set out in Paragraph B of this Section, preceding, have been satisfied.
   2. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity in terms of traffic, parking, noise, or other impacts.
4. Procedures for review of day care permits. Day Care Permits shall be reviewed in accordance with the following procedures:
   1. Application for a day care permit shall be made to the Director of Community Development on forms provided by the Director and shall include such information as may be reasonably required by the Director for a complete understanding of the day care home proposal. Application shall indicate that the applicant is in possession of a State license for a prerequisite for applying to the City.
   2. The application shall include a listing of the name and address of all owners shown on the last equalized assessment roll as owing real property within a 100-foot radius of the exterior boundaries of the proposed large day care home property. Notification of the proposal shall be mailed to such owners not less than ten days prior to the date on which review of the application is scheduled.
   3. No hearing on the application for a permit issued pursuant to this Section shall be held unless a hearing is requested by the applicant or other affected person. If a hearing is requested, the Director shall conduct the hearing.
   4. The Director shall take action on the application in accordance with the provisions of paragraph C of this Section. Within 10 calendar days of the decision, the applicant or other affected person may appeal the decision to the Planning Commission. The appellant shall pay the cost of the appeal, as set by the City. Appeals shall be made in writing on forms provided by the Director. The filing of an appeal shall suspend the Director's decision until resolution of the appeal by the Planning Commission. In hearing the appeal, the Planning Commission shall conduct a duly advertised public hearing, public notice of which shall be given at least ten calendar days prior to said hearing. After considering the appeal, the Planning Commission may confirm, reverse, or modify the decision of the Director. The Planning Commission's decision shall be final unless appealed to the City Council.
5. No change of occupancy. Use of a single family dwelling for a day care home shall not constitute a change of occupancy under the State Housing Law or City building and fire codes.
6. No environmental review. In accordance with in Section 1597.46 of the California Health and Safety Code, the establishment and operation of large day care homes shall not be subject to the provisions of the California Environmental Quality Act (Division 13 of the Public Resources Code).

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17.40. 110  Day nursery, preschools and after school child care with thirteen or more children.

    The following minimum conditions and standards, in addition to any other deemed necessary or appropriate to ensure compatibility with existing or future permitted uses in the vicinity, may be required:

1. A minimum of one parking space for every seven children.
2. In residential zones, only property adjacent to commercially zoned property or property developed with a church or school facility shall be considered for a day nursery, preschool, or child care facility with thirteen (13) or more children.
3. Adequate space for loading and unloading children shall be available or shall be provided on the site.
4. Residential use of a day nursery, preschool, or child care facility with thirteen (13) or more children shall be prohibited.
5. All day care centers shall comply with state statutes and shall be licensed by the state. (Prior code Appx. A, § 10-9)

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17.40. 120  Reverse vending machine(s).

    Reverse vending machine(s), single feed, may be installed without a conditional use permit when the following criteria and standard are met; any variation to such standards or criteria shall require a conditional use permit. Violation of the standards and criteria shall be deemed a misdemeanor offense, and grounds for removal of the use as determined by the planning commission.

1. Established in conjunction with a commercial use or community service facility which is in compliance with the zoning, building and fire codes of the city;
2. Located within thirty (30) feet of the entrance to the commercial structure and shall not obstruct pedestrian or vehicular circulation;
3. Parking spaces required by the primary use are not occupied;
4. No more than fifty (50) square feet of floor space per installation, including any protective enclosure, and shall be no more than eight feet in height;
5. Constructed of durable waterproof and rustproof material;
6. Clearly marked to identify the type material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative;
7. Sign area of a maximum of four square feet per machine, exclusive of operating instructions;
       The facility shall be clearly marked with signage that lists the appropriate emergency telephone number of county health department for persons to contact in case of an immediate threat to public health and safety caused by debris or any other health hazards;
8. Maintained in a clean, litter-free condition on a daily basis;
9. Operating hours shall be at least the operating hours of the host use;
10. Illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn;
11. An annual business license shall be obtained. (Prior code Appx. A, § 10-10)

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17.40. 130  Recycling--Small collection facilities.

    The following minimum conditions and standards which apply to the siting of a collection facility, in addition to any other deemed necessary or appropriate to ensure compatibility with existing or future permitted uses in the vicinity, may be required:

1. Established in conjunction with an existing commercial use or community service facility which is in compliance with the zoning, building and fire codes of the city;
2. No larger than five hundred (500) square feet;
3. Set back at least ten feet from any street line and shall not obstruct pedestrian or vehicular circulation;
4. Accept only glass, metals, plastic containers, papers and other items as deemed acceptable by the planning commission;
5. No power-driven processing equipment except for reverse vending machines;
6. Containers constructed and maintained with durable waterproof and rustproof material, covered when site is not attended, secured from unauthorized entry or removal of material, and of a capacity sufficient to accommodate materials collected in conjunction with the collection schedule;
7. Store all recyclable material in containers or in the mobile unit vehicle, and no materials outside of containers when attendant is not present;
8. Maintained free of litter and any other undesirable materials, and mobile facilities, when truck or containers are removed at the end of each collection day, shall be swept at the end of each collection day;
9. Maximum noise levels of sixty (60) dBA as measured at the property line of residentially zoned or occupied property; a maximum of seventy (70) dBA in all other cases;
10. Attended facilities located within one hundred (100) feet of a property zoned or occupied for residential use shall operate only during the hours between nine a.m. and seven-thirty p.m.;
11. Containers for the twenty-four (24) hour donation of materials shall be at least one hundred (100) feet from any property occupied for residential use unless there is a recognized service corridor and acoustical shielding between the container and the residential use;
12. Containers shall be clearly marked to identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and display a notice stating that no material shall be left outside the recycling enclosure of containers:
        The facility shall be clearly marked with signage that lists the appropriate emergency telephone number of the county health department for persons to contact in case of an immediate threat to public health and safety caused by debris and/or any other health hazards;
13. Signs may be established as follows:
        Recycling facilities may have identification signs with a maximum of twenty (20) percent per side or sixteen (16) square feet, whichever is larger, in addition to informational signs required in condition (12); in the case of a wheeled facility, the side will be measured from the pavement to the top of the container;
14. The facility shall not encroach into any landscaping;
15. Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present;
16. Occupation of parking spaces by the facility and the attendant may not reduce available parking spaces below the minimum number required for the primary host use;
17. If the permit expires without renewal, the collection facility shall be removed from the site on the day following permit expiration. (Prior code Appx. A, § 10-11)

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17.40. 140  Recycling--Large collection facilities.

    The following minimum conditions and standards which apply to the siting of a collection facility, in addition to any other deemed necessary or appropriate to ensure compatibility with existing or future permitted uses in the vicinity, may be required:

1. Facility does not abut a property zoned or planned for residential use;
2. Facility will be screened from the public right-of-way by operating in an enclosed building or:

1. Within an area enclosed by an opaque block wall at least six feet in height with landscaping,
2. At least one hundred fifty (150) feet from the property zoned or planned for residential use, and
3. Meets all applicable noise standards;

3. Setbacks and landscape requirements shall be reviewed and approved by the planning commission;
4. All exterior storage of material shall be in sturdy containers which are covered, secured and maintained in good condition; storage containers for flammable material shall be constructed of nonflammable material; oil storage must be in containers approved by the fire department; no storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing;
5. Site shall be maintained free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis;
6. A minimum of six vehicle parking spaces, or one space per one thousand (1,000) square feet of land area, whichever is greater, shall be provided;
7. One parking space will be provided for each commercial vehicle operated by the recycling facility;
8. Noise levels shall not exceed sixty (60) dBA as measured at the property line of residentially zoned property, or otherwise shall not exceed seventy (70) dBA;
9. If the facility is located within five hundred (500) feet of property zoned, planned or occupied for residential use, it shall not be in operation between seven p.m. and seven a.m.;
10. Any containers provided for after-hours donation of recyclable materials will be at least one hundred (100) feet from any property zoned or occupied for residential use, shall be of sturdy, rustproof construction, shall have sufficient capacity to accommodate materials collected, and shall be secure from unauthorized entry or removal of materials;
11. Donation areas will be kept free of litter and any other undesirable material, and containers will be clearly marked to identify the type of material that may be deposited; facility shall display a notice stating that no material shall be left outside the recycling containers;
12. Facility will be clearly marked with the name and phone number of the facility operator and the hours of operation; identification and informational signs will meet the standards of the zone; and directional signs, bearing no advertising message, may be installed, if necessary, to facilitate traffic circulation or if the facility is not visible from the public right-of-way:
        The facility shall be clearly marked with signage that lists the appropriate emergency telephone number of county health department for persons to contact in case of an immediate threat to public health and safety caused by debris or any other health hazards;
13. Power-driven processing, including aluminum foil and can compacting, baling, plastic shredding, or other light processing activities necessary for efficient temporary storage and shipment of material, may be approved if noise and other conditions are met. (Prior code Appx. A, § 10-12)

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17.40. 150  Youth Hostel.

    The following conditions and standards of operation, in addition to any other deemed necessary or appropriate to ensure compatibility with existing or permitted uses in the vicinity, shall be required:

1. All prospective lodgers shall provide a passport or international student identification and membership in an international hostel association as a condition to lodging. Lodging by minors shall not be permitted if it would violate provision of State or Local laws.
2. The accommodations are only to be rented or hired out to any individual for a maximum duration of seven consecutive (7) days. There shall be a minimum of 21 days between stays for repeat visitors.
3. Building occupancy limits established by the Hermosa Beach Municipal Code shall not be exceeded.
4. Management shall provide daily linen and cleaning service.
5. Management shall ensure that a live-in manager is on duty at all times.
6. Management shall adopt, inform lodgers of, and strictly enforce rules of conduct of its guests to ensure their operation is not detrimental to the health, safety, peace or welfare of the neighborhood. All operation rules of and for the hostel shall be conspicuously displayed at locations throughout the premises and shall be printed in multiple languages to accommodate foreign travelers. These rules shall include, without limitation, the following:

1. Specific check-in, check-out, day time lock-out (for cleaning purposes) and a nighttime curfew times shall be specified, subject to the approval of the Planning Commission and enforced by the management.
2. No controlled substances or alcohol are permitted on the premises.
3. No pets are permitted (except guide dogs for the disabled).
4. No amplified music is allowed in any sleeping area.

7. The hostel shall maintain affiliation with Hostelling International-American Youth Hostels (HI-AYA) or other international hostel association and otherwise promote the premises as a hostel catering to international travelers.
8. The hostel shall include a common area (i.e. a lounge or day room), which may include a kitchen or cooking facilities, for daytime use of the lodgers. (Ord. 96-1157 S3, 1996)

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17.40. 160    Massage Therapy Business

    The following conditions and standards of operation, in addition to any other deemed necessary or appropriate to ensure compatibility with existing or permitted uses in the vicinity, shall be required:

1. A licensed Massage Therapist, pursuant to Chapter 5.74 of the Hermosa Beach Municipal Code, shall be on the premises at all times when the business is open. The business may employ technicians or aides only if supervised by a licensed Massage Therapist.

2. Management shall adopt, inform patrons and employees of, and strictly enforce all requirements of the Conditional Use Permit and all regulations as set forth in Chapter 5.74 .

3. Hours of operation shall be limited to between 7:00 A.M. and 10:00 P.M. or other hours as established by the Planning Commission if deemed necessary because of proximity to residential uses. (Ord. 97-1174 § 3; 09-12-97)

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17.40.170   Wireless Communications Facilities.

The following minimum conditions and standards which apply to the siting of a wireless communications facility, in addition to any other deemed necessary or appropriate to ensure compatibility with existing or future uses in the vicinity, may be required:

A. Application Requirements.

1. Each application shall contain a brief narrative accompanied by written documentation that explains and validates the applicant's efforts to locate the facility in accordance with the Screening and Site Selection Guidelines set forth in this Section.

2. Each application shall contain a narrative that discloses the exact location and nature of any and all existing facilities that are owned (including publicly owned structures), operated or used by the applicant and located within five (5) miles from the geographic borders of the City of Hermosa Beach.

3. Each application shall contain a narrative and scaled map(s) that precisely disclose the geographic area(s) within the City of Hermosa Beach that are proposed to be serviced by the proposed facility, the geographic area(s) bordering the City of Hermosa Beach, if any, that will be serviced by the proposed facility, the nature of the service to be provided or purpose of the facility, the reasons, if any, why the applicant cannot locate the facility outside the City of Hermosa Beach, and the efforts, if any, that applicant has made to locate the facility outside the City of Hermosa Beach.

4. Notwithstanding any permit that may be granted in accordance with this Section, the facility shall be erected, located, operated and maintained at all times in compliance with this Section and all applicable laws, regulations and requirements of the Building Code, and every other code and regulation imposed or enforced by the City of Hermosa Beach, the State of California, and the United States Federal Government. Applicants are separately required to obtain all applicable building and construction permits that may be required prior to erecting or installing the facility.

5. Each wireless communications carrier applicant shall provide a letter to the director of community development stating willingness to allow other carriers to co-locate on their facilities wherever feasible or a written explanation why the subject facility is not a candidate for co-location.

6. An RF Environmental Evaluation Report must be prepared by the applicant indicating that the proposed wireless communications facility meets FCC regulations and standards for construction, maintenance and operations. Ten days after installation and every two years thereafter, the telecommunications service provider must submit a certification report, attested to by a licensed engineer expert in the field of RF emissions, that the facility is compliant with the applicable FCC regulations for RF emissions.

7. The proposed wireless communications facility meets FCC regulations and standards for construction, maintenance and operations. Ten days after installation and every two years thereafter, the telecommunications service provider must submit a certification report, attested to by a licensed engineer expert in the field of RF emissions, that the facility is compliant with the applicable FCC regulations for RF emissions.

8. Approval of the project is subject to the Planning Commission making a finding that the proposed site results in fewer or less severe environmental impacts than any feasible alternative site. The City may require independent verification of this analysis at the applicant’s expense. The intention of the alternatives analysis is to present alternative strategies which would minimize the number or size and adverse environmental impacts of facilities necessary to provide the needed services to the City and surrounding areas.

B. Design and Development Standards.

1. The facility shall not bear any signs or advertising devices other than certification, public safety, warning, or other required seals or required signage.

2. Any and all accessory equipment, or other equipment associated with the operation of the facility, including but not limited to transmission cables, shall be located within a building, enclosure, or underground vault in a manner that complies with the developmentstandards of the zoning district in which such equipment is located. In addition, if equipment is located above ground, it shall be visually compatible with the surrounding buildings and either (1) shrouded by sufficient landscaping to screen the equipment from view, or (2) designed to match the architecture of adjacent buildings. If no recent and/or reasonable architectural theme is present, the Planning Commission may require a particular design that is deemed by the Commission to be suitable to the subject location.

3. The facility exterior shall be comprised of non-reflective material(s) and painted or camouflaged to blend with surrounding materials and colors.

4. Any screening used in connection with a wall mounted and/or roof mounted facility shall be compatible with the architecture, color, texture and materials of the building or other structure to which it is mounted.

5. The facility shall be placed to the centermost location of the roof top to screen it from view from the street and adjacent properties.

6. The facility shall not be permitted on residentially zoned property.

7. The facility shall not include the use or installation of a monopole.

C.  Setback Requirements.

The facility shall be considered an accessory structure. If the facility is located within two hundred (200) feet of a residential use, then the facility shall comply with the setback requirements for such zone. In all other instances, the extent of compliance with the setback requirements for the zone in which the facility is located shall be considered, in accordance with the following guidelines, by the City in connection with its processing of any facility permit.

D.  Screening and Site Selection Guidelines.

In addition to the above requirements the following guidelines shall be considered by the City in connection with its processing of any facility permit:

1. The extent to which the proposed facility blends into the surrounding environment or is architecturally integrated into a concealing structure, taking into consideration alternate sites that are available.

2. The extent to which the proposed facility is screened or camouflaged by existing or proposed new topography, vegetation, buildings, or other structures.

3. The total size of the proposed facility, particularly in relation to surrounding and supporting structures.

4. The availability of suitable alternative locations for the facility.

5. Preference shall be given to facilities located on publicly owned structures, co-location and shared sites.

6. Preference shall be given to sites which are not located along primary street frontage, front yard areas or adjacent to residential uses.

7. Whenever possible, wireless communication facilities should be located on existing buildings, existing poles, or other existing support structures.

E.  Lease of public property.

1. Any lease of City property for the purpose of erecting a wireless communication facility shall require a negotiated lease agreement or other written license granted by the City. The existence of a lease agreement or license shall not relieve the applicant of any obligations to obtain appropriate permits as required by this section.

2. The City Council, by resolution following a public hearing, may approve a list of sites located on existing City property or within the public rights-of-way which are approved for major facilities. Each site shall include a description of permissible development and design characteristics, including but not limited to maximum height requirements. The City shall make such resolution available to all persons upon request. The approved list of locations may be subsequently amended by the City Council by resolution from time to time.

3. All proposed facilities to be located on a City property site which are pre-approved in accordance with the requirements of this section following an effective date of the ordinance codified in this section may be approved subject to a Conditional Use Permit and any additional or different requirements made applicable by this section.

All leases of any City property that are pre-approved in accordance with the requirements of this section shall be nonexclusive. The operator of a facility located on such public property shall make the supporting structure of the facility available to any other provider wishing to co-locate to the extent technically feasible.  (Ord. 01-1214 §4 part, 05/08/01)

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17.40.180 Mixed-Use Development (C-1 Zone)

For uses allowed in the C-1 Zone as part of a mixed-use development, the following conditions and standards of development, in addition to any other deemed necessary or appropriate to ensure compatibility with existing or permitted uses in the vicinity, shall be required:

1. Residential Development Standards. The residential portion of a mixed-use development shall be subject to the development standards of the R-3zone as set forth in Chapter 17.16 with the exception of the following:
   1. If the residential portion of a mixed-use development is a condominium development, then the development shall be subject to the condominium development standards as set forth in Chapter 17.22.
   2. Residential use is limited to 25% of the first floor area for the purposes of providing entry-exit areas or lobbies, stairs and corridors, and shall not include primary living areas or sleeping rooms.
   3. Front setbacks shall be a minimum of five feet.
   4. The front setback area may be used for required open space if the area is a deck above the commercial level and otherwise complies with the open space requirements of the R-3 zone.
   5. No lot coverage maximum shall be applied.
   6. No 36" box tree per dwelling unit shall be placed as a street tree to the satisfaction of the Public Works Director.
2. Commercial Development Standards. In addition to the requirements of the commercial zone, the following standards shall apply to the mixed-use development.
   1. The ground floor shall be primarily commercial with a minimum average depth of 30-feet, and living and sleeping areas of residential units shall be located above the ground floor.
   2. Building frontage shall be used for commercial purposes with the exception of entry-exit corridors and stairs for accessing the residential units and/or for driveways to access parking.
3. General Development Standards for noise, security, lighting.
   1. Noise: Residential uses shall be separate from commercial uses by sound proofed floors and walls with minimum sound transmission rating as required for condominiums as set forth in Chapter 17.22. Commercial uses hours of operations shall be limited where appropriate so that residents are not exposed to offensive noise or activity.
   2. Security: Separate and secured entrances for residences directly accessible to sidewalk and parking areas.
   3. Lighting: Outdoor lighting and lighting for signs associated with commercial uses designed so as not to adversely impact residences. No flashing, blinking or high intensity lighting. Adequate lighting to illuminate parking areas and corridors to access parking and public sidewalk. Lighting for signs may only be illuminated during business hours.
4. Signs. Signs shall be limited to the commercial building frontage pursuant to the requirements of Chapter 17.50.
5. Limitation on allowed Commercial Uses. Permitted commercial uses within a mixed use development shall be as permitted in the underlying commercial zone with the following exceptions which shall not be permitted:
   1. Restaurants and bars
   2. Laundry and dry-cleaning businesses
   3. Parking lots and/or structures.
6. Limitations on hours of operation. The hours of operation for any commercial use shall be limited to 8 a.m. to 10 p.m.
7. Owner shall disclose separately and in writing upon sale or rental of the subject property that it is mixed use and permits commercial and residential uses within the building.

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17.40.190 Educational institutions (C-3 Zone)

In the C-3 Zone, the following minimum conditions and standards, in addition to any other deemed necessary or appropriate to ensure compatibility with existing or future permitted uses in the vicinity, shall be required:

1. Educational institutions, grades K-12, shall not be located on any parcel with frontage on Pacific Coast Highway, Sepulveda Boulevard, Aviation Boulevard, Artesia Boulevard or Pier Avenue.
2. A minimum of one parking space for every seven (7) children, subject to modification by the Planning Commission to reflect parking demand of the specific facility.
3. Adequate space for loading and unloading children shall be available or shall be provided on the site.

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17.40.200 Small Wind Energy Systems

1. Purpose. Small wind energy systems shall be constructed and installed in conformance with the requirements of this section in order to promote the use of small wind energy systems in accordance with State law while protecting the public health and safety.

2. Applicability. Small wind energy systems shall be regulated as accessory structures as defined in this Title, and are allowed in all zones subject to approval of a Conditional Use Permit pursuant to Chapter 17.40.

3. Definitions. As used in this chapter:

   "Ancillary equipment" means any accessory part or device of a small wind energy system that does not require direct access to wind flows, such as batteries, controls, electric meters or AC/DC converters, excluding the turbine, tower, nacelle and tail vane.

   "Guy wires" means wires or cables stabilizing and securing the SWES to the ground or structure upon which it is mounted

   "Height" means the vertical distance of the SWES, including the blades extended in a vertical position, measured in accordance with Section 17.04.040.

   "Height, tower" means the height of the fixed portion of the tower, excluding the wind turbine, measured in accordance with Section 17.04.040.

   "Nacelle" means housing for all of the generating components, such as the gearbox and drive train, in a propeller-type wind turbine.

   "Off-grid system" means a SWES that is not connected to the public utility grid.

   "On-grid system" means a SWES that is connected to the public utility grid, where power excess to the customer’s demand flows to the utility grid.

   "Silhouette" means a temporary structure approximating the building envelope of a proposed SWES, typically using colored flags marking the location, height and bulk of the proposed system when the system is in motion.

   "Site" means one or more contiguous lots or parcels under the same ownership or management, regardless whether separated by alleys, streets or roads.

   "Small Wind Energy System (SWES)" means a wind energy system, consisting of a wind turbine, tower and ancillary equipment, that will be used primarily to reduce consumption of utility power on the site. The SWES must be approved under a state program or any other small wind system certification program recognized by the American Wind Energy Association or its equivalent.

   "Tail Vane" means the guiding or stabilizing fin, usually mounted on the nacelle, used to turn the blades into the wind stream.

   "Tower" means the vertical component of a SWES that elevates the attached nacelle, tail vane and turbine above the ground.

   “Turbine” means the rotor, blades, cage or other component of a SWES that captures the wind's energy.

4. Application Requirements.
   1. Applications shall comply with the following requirements, in addition to all other requirements of this Title and law:
      1. The application shall include drawings and an engineering analysis of the system’s tower showing compliance with the California Building Code certified by a qualified professional licensed by the state of California.
      2. The application shall include information demonstrating that the system will be used primarily to reduce onsite consumption of electricity.
      3. Where an on-grid system is proposed, the application shall include evidence that the electric utility service provider that serves the proposed site has been informed of the intent to install an interconnected electricity generator.
      4. The application shall include evidence that the proposed height of a tower does not exceed the height recommended by the manufacturer or distributor of the system.
      5. The applicant shall erect a silhouette of the proposed SWES, unless this requirement is waived by the Community Development Director due to limited height, mass and low probability of visual impacts in the particular case.
      6. The application shall include noise specifications for the proposed system and shall include an acoustical evaluation demonstrating compliance with the noise requirements of this section prepared by a qualified professional, unless waived by the Community Development Director based on information demonstrating compliance. Demonstration that the proposed system will not produce or result in noise levels exceeding forty-five (45) dBA under various wind conditions at the closest residential dwelling or similar sensitive receptor shall not require an acoustic evaluation.
      7. The application shall include any additional information required by the Community Development Director necessary to make all the determinations required by this section.
   2. To the extent required by law, the Community Development Department shall, at least thirty-five (35) days prior to the public hearing on the conditional use permit, submit a notice of proposed construction or alteration of the SWES to the Federal Aviation Administration pursuant to Title 14 of the Federal Aviation Regulations Part 77, commencing with Section 77.13 Construction or Alteration Requiring Notice, Caltrans Division of Aeronautics, and/or to any other applicable or affected agency or entity.

5. Development Standards.

   The following minimum requirements and standards shall apply to SWES, in addition to any other conditions deemed necessary or appropriate to ensure compatibility with existing or future uses in the vicinity or to protect the public health, safety or welfare:

   1. System type and location.
      1. The SWES shall comply with the definition of "Small Wind Energy System" in subsection C of this section.
      2. More than one (1) SWES may be located on the same site if all requirements of this section and applicable laws are met.
      3. Where feasible, ancillary SWES equipment shall be located inside a building or screened from public view in a manner compatible with site elements.

   2. Height.

      1. The SWES shall not exceed ten (10) feet above the maximum height limit.
      2. The SWES shall not constitute an obstruction or hazard to air navigation and shall comply with all applicable requirements of the Federal Aviation Administration including the Federal Aviation Regulations (including Part 77 of Title 14 of the Code of Federal Regulations), the State Aeronautics Act (Part 1, commencing with Section 21001 of Division 9 of the California Public Utilities Code), and any other applicable law.

   3. Setbacks and clearances.

      1. Yards setbacks. The SWES shall be considered an accessory structure and shall comply with the setbacks applicable to the zone in which the SWES is located, provided that a greater setback may be required to reduce impacts to adjacent parcels.
      2. Blade clearances. No portion of a blade when fully operational shall extend within twenty (20) feet of the finished grade or within ten (10) feet of a property line, unless the planning commission finds that a reduced clearance will not adversely affect any person, property or improvement in the vicinity, or conflict with the zone in which the property is located.
      3. Clearance to structures. A minimum clearance of six (6) feet shall be maintained between any tower and any structure, tree, utility line, or similar object, unless the planning commission finds that a reduced clearance will not adversely affect any person, property or improvement in the vicinity.
      4. Fire clearance. The SWES shall not inhibit or interfere with emergency vehicle or structure access, fire escapes, exits or standpipes, as determined by the fire department.
      5. Ladders. Every SWES shall be designed so that no ladder or other means of climbing a tower is located within twelve (12) feet of the finished grade or accessible space. The planning commission may require a fence with a minimum height of five (5) feet when necessary to prevent the climbing of ladders, provided that the use of barbed wire or other similar materials is not permitted unless otherwise specifically allowed by this Title.
      6. Guy wires. Any guy wires utilized to support a tower shall be located within the property lines and shall not be attached to, cross or affect any above-ground utility lines.

   4. Other safety and design requirements.

      1. Over-speed controls. The SWES shall be equipped with manual and automatic over-speed protection controls so that blade rotation speed does not exceed the system’s design limits.
      2. Automatic shut-off. An on-grid SWES shall be designed to automatically turn off when on-grid connection is lost or the batteries are fully charged.
      3. On-grid systems. All on-grid SWES shall be approved by the applicable utility prior to installation.
      4. Undergrounding electrical facilities. Electrical poles, wires and the items in Chapter 13.08 required to convey power generated by a SWES to the public utility grid shall be installed underground when required by Chapter 13.08.
      5. Noise. The SWES shall comply with the requirements of Chapter 8.24, provided that noise generated by the SWES shall not exceed fifty-five (55) decibels-A weighted (dBA), or five (5) dBA above background noise, whichever results in lower noise levels, as measured from the closest residential dwelling or similar sensitive receptor, except during short-term events such as utility outages and severe wind storms.
      6. Signs.
         1. One (1) sign not exceeding eighteen (18) inches in length and one (1) foot in height shall be posted at the base of a ground-mounted tower or a generator, including a notice of no trespassing, a warning of high voltage or electrical shock, and the property owner’s telephone number or telephone number of another individual designated by the property owner as responsible for operation and maintenance of the SWES, in addition to any other signs required by law.
         2. The SWES shall not bear any signs or advertising devices other than certifications, public safety warnings, or other seals or signage required by law.
      7. Lighting. No lighting shall be placed upon, attached to, or in any way illuminate a SWES unless required by law. Any required lighting shall be designed and located to reduce impacts to properties in the vicinity to the maximum extent allowed by law as determined by the Community Development Director.

   5. Maintenance and removal.

      1. The SWES shall at all times be operated and maintained in accordance with manufacturer’s requirements, the requirements of this section, the conditional use permit, and all applicable laws. In no case shall the condition or operation of the SWES pose noise, safety or other adverse effects to the site, or persons, improvements or properties in the vicinity.
      2. The Community Development Director may require the SWES to be removed from the property if the director determines that the SWES has been inoperable, or has ceased to operate, for twelve (12) consecutive months or more. The City may pursue all available means to abate the SWES and recover all costs to the City if not voluntarily removed by the property owner. .(Ord. 09-1304 §2, January 2010)