HomeMy WebLinkAboutORD NO. 23-1468 (STVR)Pg 1 of 7 #23-1468
CITY OF HERMOSA BEACH
ORDINANCE NO. 23-1468
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, APPROVING ZONE TEXT AMENDMENT 23-04,
TO AMEND PORTIONS OF TITLE 17 OF THE HERMOSA BEACH
MUNICIPAL CODE RELATING TO SHORT-TERM VACATION RENTALS IN
COMMERCIAL ZONES AND DETERMINE THE AMENDMENT IS
EXEMPT FROM THE CALIFORNIA ENVIRONEMNTAL QUALITY ACT
(CEQA)
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. On December 14, 2021, City Council adopted Ordinance No. 21-
1440, extending the Short-Term Vacation Rental Pilot Program an additional two
years from the program’s adoption in 2019, and implemented revisions to clarify
existing requirements.
SECTION 2. The City Council held a duly noticed public hearing on
September 12, 2023 to consider a text amendment to portions of Hermosa Beach
Municipal Code Title 17.
SECTION 3. Under Section 15061(b)(3) of the California Environmental Quality
Act (CEQA), the ordinance qualifies as a “common sense exemption” as CEQA
only applies to projects which have the potential for causing a significant effect
on the environment.
SECTION 4. The City Council finds the proposed amendments are consistent
with the City’s General Plan. The ordinance will also comply with State requirements.
The amendments will not impede the City’s ability to meet its General Plan goals, and
the amendments are necessary to carry out the purposes of the Zoning Ordinance,
including the orderly planned use of land resources.
SECTION 5. Section 17.40.230 (short-term vacation rentals) of Chapter 17.40
(Conditional Use Permits and Other Permit Standards) of Title 17 (Zoning) is
repealed as the substantive provisions in this section are being relocated to Section
17.42.180.
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SECTION 6. Section 17.42.180 (Advertising of short-term rentals prohibited) of
Chapter 17.42 (General Provisions, Conditions and Exceptional Uses) of Title 17
(Zoning) is amended to read as follows:
17.42.180 Short-Term Vacation Rentals.
It shall be unlawful for any person to offer or make available for rent or to rent (by
way of a rental agreement, lease, license or any other means, whether oral or
written) for compensation or consideration a residential dwelling, a dwelling unit
or a room in a dwelling for less than 30 consecutive days and for any person to
occupy a residential dwelling, a dwelling unit or a room in a dwelling for less than
30 consecutive days pursuant to a rental agreement, lease, license or any other
means, whether oral or written, for compensation or consideration except for short-
term vacation rentals in nonconforming residential dwelling units in certain
commercial zones in compliance with the following requirements. No person or
entity shall maintain any advertisement of a short-term rental in violation of this
section, in any zone.
This section sets forth requirements for the establishment and operation of short-
term vacation rentals in nonconforming residential dwelling units in certain
commercial zones.
A. Permit and Operational Requirements. The approval of operation of a short-
term vacation rental shall be subject to the following requirements:
1. Administrative Permit Required. Short-term vacation rentals may be
established and operated only after an administrative permit has been
approved in compliance with Chapter 17.55. The administrative permit for a
short-term vacation rental shall be valid for one calendar year from the date
of issuance and must be renewed annually thereafter; provided, that this
section remains in effect and has not expired.
a. Prior to approval or renewal of an administrative permit for operation of a
short-term vacation rental, the premises shall be inspected by the building
official or their designee for compliance with all applicable building and
safety codes, as well as compliance with any applicable Municipal Code
regulations regarding short-term vacation rentals. If the building official or
their designee conducts more than two (2) inspections to verify compliance
due to outstanding corrections, the applicant is subject to a reinspection
fee for those additional inspections.
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b. An application for a new or renewal of an administrative permit shall
include payment of all required and outstanding administrative fees.
c. The application submittal shall include a list of the Uniform Resource
Locations (URL) where the property is listed online, and the applicant shall
keep the list current at all times.
d. Short-term vacation rentals established under this section shall have no
vested right to continued existence.
2. Location. Short-term vacation rentals shall only be permitted in
nonconforming residential dwellings on properties zoned C-2, C-3, SPA 7, SPA
8, or SPA 11.
a. For purposes of this section, a "nonconforming residential unit" shall mean a
residential dwelling unit that was lawfully established and maintained as a
dwelling unit as of October 24, 2019. If the unit is converted into a
nonresidential use, then it shall be deemed the termination of the existing
nonconforming residential use, and thereby the unit loses any
nonconforming status as a residential use and loses any right to operate as
a short-term vacation rental.
3. Management and Operations Plan. In addition to any other requirements for
an application for an administrative permit, or any conditions of approval
contained therein, the application to establish and operate a short-term
vacation rental shall be accompanied by a management plan, which shall
establish, to the satisfaction of the community development director
(director), or their designee, the following:
a. The reasonably prudent business practices that owner or owner’s
authorized agent will use to ensure that the short-term vacation rental unit
is used in a manner that complies with all applicable laws, rules, regulations,
and permits.
b. An identification plaque posted and maintained at all times, within plain
view of and legible to the general public, not exceeding six square feet in
size, and containing address of premises and permit number, and
telephone number of Hermosa Beach Police Department dispatch for
complaints regarding condition, operation or conduct of occupants of the
unit. The director may alter the size requirement to ensure the plaque is
legible from the adjacent public right-of-way.
c. The name, address, and telephone number of a local contact person who
shall be available 24 hours per day, seven days per week for the purpose
of responding to City staff calls pertaining to complaints regarding the
condition, operations, or conduct of
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occupants of the short-term vacation rental or their guests, and if directed
by City staff, to personally proceed on site within 30 minutes from the call to
resolve the problem.
d. The owner or the owner’s authorized agent shall, upon notification that any
occupant or guest of the short-term vacation rental unit has created
unreasonable noise or disturbances, engaged in disorderly conduct, or
committed violations of any applicable law, rule or regulation pertaining to
the use and occupancy of the short-term vacation rental unit, respond in a
timely and appropriate manner to immediately halt or prevent a recurrence
of such conduct. Failure of the owner or the owner’s authorized agent to
respond to such calls or complaints regarding the condition, operation, or
conduct of the occupants and/or guests of the short-term vacation rental
unit in a timely and appropriate manner shall subject the owner to all
administrative, legal, and equitable remedies available to the City.
e. The owner and/or the owner’s authorized agent shall use reasonably prudent
business practices to ensure that the occupants and/or guests of the short-
term vacation rental unit do not create unreasonable noise or disturbances,
engage in disorderly conduct or illegal activity, or violate any applicable law,
rule or regulation pertaining to the use and occupancy of the short-term
vacation rental unit.
f. The owner and/or the owner’s authorized agent shall use reasonably prudent
business practices to ensure that the short-term vacation rental unit is used
for overnight accommodations purposes only. This shall include using all
prudent business practices to prohibit the rental to commercial party
businesses.
g. Prior to occupancy of a short-term vacation rental unit, the owner or the
owner’s authorized agent shall:
i. Obtain the contact information of the renter.
ii. Provide a copy of the City’s "Good Neighbor" brochure containing these
requirements to the renter.
iii. Require the renter to execute a formal acknowledgement they are legally
responsible for compliance by all occupants of the short- term vacation
rental unit and their guests with all applicable laws, rules, and regulations
pertaining to the use and occupancy of the short-term vacation rental unit.
iv. The information required in subsections (A)(3)(g)(i) and (A)(3)(g)(iii) of this
subsection shall be maintained by the owner or the owner’s authorized
agent for a period of three years and be made available upon request to any
officer of the City responsible for the enforcement of any provision of the Municipal
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Code or any other applicable law, rule or regulation pertaining to the use and
occupancy of the short- term vacation rental unit.
h. The property shall be maintained free of litter and debris. Trash and refuse
shall not be left or stored within public view, except in proper containers for
the purpose of collection by the City’s authorized waste hauler on
scheduled trash collection days. Trash receptacles must be maintained
within an enclosure and placed for pick up to comply with the provisions of
HBMC 8.12.220 and 8.12.230. The size or number of containers and/or
frequency of pick-up (if permitted by the City’s authorized waste hauler)
shall be increased if needed to accommodate the amount of trash
generated by all uses on the site.
i. On-site parking shall be allowed on approved driveway, garage and/or
carport areas only. Parking shall comply with all current City parking
regulations. Parking of oversized vehicles must comply with the provisions of
Chapter 10.32, Stopping, Standing and Parking, of the Municipal Code.
j. Approved on-site parking space(s), including all enclosed garages, shall be
kept free and clear to accommodate vehicular parking for renters/guests
during all times the unit is in use as a short-term vacation rental.
k. The number of adult occupants allowed to occupy any given short-term
vacation rental unit shall be limited to two (2) per bedroom/sleeping area.
l. The director shall have the authority to impose additional conditions on the
use of any given short-term vacation rental to ensure that any potential
secondary effects unique to the subject short-term vacation rental unit are
avoided or adequately mitigated.
m. The owner or owner’s authorized agent shall post the current short-term
vacation rental permit number, a photograph of the front of the property
where the short-term vacation rental unit is located, as well as the number
of approved on-site parking spaces available, in any written publication or
on any website that promotes the availability or existence of a short-term
vacation rental unit.
4. The owner shall comply with all requirements related to a business license
under Chapter 5.04, Business Licenses Generally, of the Municipal Code, and
related to the transient occupancy tax under Chapter 3.32, Transient
Occupancy Tax, of the Municipal Code for the operation of the short-term
vacation rental.
B. Development Standards. Short-term vacation rentals shall conform to the
following standards:
1. On-site parking shall be provided as required under Chapter 17.44.
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2. A private kitchen area, shower, and toilet facilities, and at least one
room/area designated as a sleeping area shall be provided in each unit.
C. Violations. Violations of this section are subject to the following standards.
1. Any violation of this section shall result in issuance of an administrative
citation pursuant to Chapter 1.10, Administrative Citations, Penalties, or any
other legal methods of enforcement, of the Municipal Code.
2. More than three violations of this section or any of the City’s quality of life
ordinances, such as noise violations, disturbing the peace, or creating a
public nuisance, within a 12-month period shall be grounds for revocation
of the business license and administrative permit, in accordance with
provisions of the Code, provided the three violations have been affirmed by
a hearing officer in the event they are appealed.
D. Sunset Clause. The provisions in this section shall become inoperative on
October 24, 2025, and shall be considered repealed on that date, unless the
City Council of Hermosa Beach enacts a new ordinance that becomes
effective on or before October 24, 2025, and which deletes or extends that
date. No new or renewals of administrative permits and/or business licenses for
short-term vacation rentals shall be issued after October 24, 2025, and no
permitted short-term vacation rental shall have a right to operate beyond the
term of the permit.
SECTION 7. If any provision of this ordinance or its application to any person
or circumstance is held to be invalid, such invalidity has no effect on the other
provisions or applications of the ordinance that can be given effect without the
invalid provision or application, and to this extent, the provisions of this resolution
are severable. The City Council declares that it would have adopted this
resolution irrespective of the invalidity of any portion thereof.
SECTION 8. Effective Date. This Ordinance shall take effect thirty (30) days
after its passage and adoption pursuant to California Government Code section
36937.
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SECTION 9. Certification. The City Clerk is directed to certify the passage and
adoption of this ordinance; cause it to be entered into the City’s book of original
ordinances; make a note of the passage and adoption in the records of this
meeting; and, within fifteen (15) days after the passage and adoption of this
ordinance, cause it to be published or posted in accordance with California law.
PASSED, APPROVED and ADOPTED on this 26th day, September 2023.
Mayor Raymond A. Jackson
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA
ATTEST: APPROVED AS TO FORM:
Myra Maravilla, MPA, CMC Patrick Donegan,
City Clerk City Attorney
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State of California )
County of Los Angeles ) ss
City of Hermosa Beach )
October 10, 2023
Certification of Council Action
ORDINANCE NO. 23-1468
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA APPROVING ZONE TEXT AMENDMENT 23-04, TO AMEND PORTIONS OF
TITLE 17 OF THE HERMOSA BEACH MUNICIPAL CODE RELATING TO SHORT-TERM
VACATION RENTALS IN COMMERCIAL ZONES AND DETERMINE THE AMENDMENT IS
EXEMPT FROM THE CALIFORNIA ENVIRONEMNTAL QUALITY ACT (CEQA)
I, Myra Maravilla, City Clerk of the City of Hermosa Beach, California, do hereby
certify that the above and foregoing Ordinance No. 23-1468 was duly approved
and adopted by the City Council of said City at its regular meeting thereof held
on the 26th day of September 2023 and passed by the following vote:
AYES: MAYOR JACKSON, MAYOR PRO TEM MASSEY, COUNCILMEMBERS
SAEMANN, FRANCOIS, AND DETOY
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
_____________________________
Myra Maravilla, MPA, CMC
City Clerk
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