HomeMy WebLinkAboutORD NO. 22-1453 (TIMESHARES)Page 1 of 10 #22-1453
CITY OF HERMOSA BEACH ORDINANCE NO. 22-1453
AN ORDINANCE OF THE CITY OF HERMOSA BEACH. AMENDING CHAPTER 17.40 (CONDITIONAL USE PERMIT AND OTHER PERMIT
STANDARDS) TO ADD SECTION 17.40.230 (TIMESHARE USES) TO TITLE 17 (ZONING), AND AMENDING SECTION 17.26.030 TO PERMIT TIMESHARE USES IN SPECIFIED COMMERCIAL ZONES PURSUANT TO A CONDITIONAL USE PERMIT AND DETERMINING
THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Findings.
A. The City of Hermosa Beach (“City”) is a scenic beachfront city, known for
its many diverse restaurants, local retailers and popular commercial areas
like its Downtown area and Pier Avenue.
B.Preserving the City’s costal resource and the quality and character of the
City has been a focal point of the City’s land use planning for decades,
and remains a primary focus in the City’s current General Plan.
C.Maintaining the balance between the quality of life for residents and those
who work in the City and the visitors who help to sustain the City’s tourist
economy is key to maintaining a sustainable community and a stable
economy.
D.The City values and welcomes all visitors to the City and recognizes their
contributions to the City’s economy, but finds that in order to maintain the
City’s long term viability as a community where people not only come to
visit, but also live, work and contribute to the long term betterment of the
community through participation in the City’s schools, local community
groups, civic government and local serving businesses, the City mustmaintain a balance between residential land uses and visitor serving uses.
E.The City’s existing housing stock is significantly impacted, with demand
outweighing supply, resulting in extremely high housing prices as detailed
in the accompanying staff report. A limited supply of suitable vacant land,
exorbitantly high land costs, and limitations in the City’s existing
infrastructure, among other factors, have limited the construction of
additional housing in the City.
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F. According to the U.S. Census Bureau, the current median household
income in the City is $136,702, while the estimated value of owner-
occupied housing units from 2015-2019 was approximately $1,542,900 with
current real estate listings suggesting that prices are increasing significantly,
meaning that homes in the City are not affordable to the median
household in the City.
G. The conversion of existing residential units to uses other than long-term
residential use will further reduce the City’s existing long-term housing
supply, causing further imbalance between the demand for housing in the
City and the existing supply, not only altering the character of the City’s
residential neighborhoods, but also presenting further challenges to the
City’s efforts to provide affordable housing within the community.
H. The City additionally has, for many years, worked to preserve its existing
housing stock for long term residential use, both to maintain the character
of its residential neighborhoods and prevent residential districts from
becoming visitor and tourist serving districts, and to ensure that it would not
be converted to uses other than long-term residential uses.
I. The high impact use associated with timeshares, combined with the
frequent turnover and commercial management involved in timeshare
properties is not consistent with the purpose and nature of residential
districts in the City. Rather, they are commercial in nature, in that these
timeshare uses are structured as a short-term, tourist oriented, visitor serving
use of the subject properties. The use of properties as timeshares adds
excessive noise and traffic to residential districts by using these properties
for high impact tourist oriented uses more appropriately located in
commercial districts of the City.
J. The use of residential properties for timeshare uses will further reduce the
availability of housing stock for long-term residential use, and create a new
demand for timeshare uses of residential properties.
K. This encroachment of tourist oriented, visitor serving uses in residential neighborhoods is likely to compromise the character of residential areas
within the City, and further increase the costs for housing in the City,
undermining the City’s efforts to provide a balance of housing for all
income levels in the City.
L. The City’s authority to enact zoning ordinances is based on the powers
accorded cities and counties under the State constitution to make and
enforce police regulations. This police power grants the City broad
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authority to regulate the development and use of real property within its
jurisdiction to promote the public welfare.
M. Pursuant to and in accordance with this authority, the City Council desires
to prohibit timeshare uses in residential areas, and only allow them in the C-
2 commercial zone within the City, pursuant to a conditional use permit.
N. The City’s Planning Commission held a duly noticed public hearing on April 19, 2022, as required by law to consider all the information presented by
staff, and public testimony presented in writing and at the meeting.
O. On April 19, 2022, the City’s Planning Commission recommended that the
City Council adopt this Ordinance amending the City’s Municipal Code as
described herein.
P. On September 28, 2022, the City Council held a duly noticed public
hearing, accepting testimony from the public, and discussed the proposed
amendments and staff’s recommended approval of this Ordinance and
adopted on first reading the Ordinance.
Q. On October 11, 2022, the Ordinance was brought back for a second
reading and adopted by the City Council.
R. The proposed zoning amendments are consistent with the General Plan
goals, policies and implementation programs as the Ordinance will
continue to preserve the character of the City; will preserve the City’s
residential districts for residential uses; and will help to preserve the City’s
existing housing stock for long term residential uses, to avoid further
exacerbating the existing impacts on the City’s housing supply.
Section 2. The above recitals are hereby incorporated as though set forth in this
section.
Section 3. Section 17.40.230 (Time Share Uses) is hereby added to Chapter 17.40
(Conditional Use Permit and Other Permit Standards) of Title 17 (Zoning) of the City
of Hermosa Beach Municipal Code, to read as follows: Section 17.40.230 Timeshare Uses A. Purpose and Findings.
There is a critical shortage of permanent, long-term housing in the City of
Hermosa Beach (“City”). A limited supply of suitable vacant land, land values,
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and market demand for land for other uses, have limited the construction of
additional housing in the City.
The City is a popular tourist destination known for its scenic beachfront
location, its many diverse restaurants, local retailers and popular commercial
areas like its Downtown area and Pier Avenue. Maintaining the balance between
the quality of life for residents and those who work in the City and the visitors who
help to sustain the City’s tourist economy is key to maintaining a sustainable
community and a stable economy.
Timeshare uses are not an appropriate land use in the City’s residential
zones due to the multiple occupancy of timeshare properties, the short-term,
tourist oriented use of such property and commercial management of timeshare
facilities, all of which create increased traffic generation, excessive noise,
disruption to residential communities through commercial-level maintenance of
the timeshare facilities, and therefore are appropriately confined to commercial
zones.
Conversion of permanent housing to timeshare facilities removes existing
housing units from the City’s existing stock and exacerbates an already severe
housing shortage. It is therefore in the public interest to prohibit conversions of
existing housing units into timeshare facilities, as to do so eliminates needed
housing stock by diverting those units to a tourist-oriented, commercial use.
B. Definitions.
For purposes of this Section, the following words and phrases shall have the
meaning respectively ascribed to them by this Section:
“Accommodation” means any dwelling unit, apartment, condominium or
cooperative unit, hotel or motel room, or other structure constructed for
residential use and occupancy, including but not limited to a single-family
dwelling, or unit within a two family dwelling, three family dwelling, multiple family
dwelling, or townhouse dwelling as defined in Section 17.04.040.
“Building” shall have the meaning ascribed to it by Section 17.04.040.
“Dwelling unit” shall have the meaning ascribed to it by Section 17.04.040.
“Managing entity” means the person who undertakes the duties, responsibilities
and obligations of the management of a timeshare plan.
“Person” means a natural person, corporation, limited liability company,
partnership, joint venture, association, estate, trust, or other legal entity, or any
combination thereof.
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“Timeshare instrument” means one or more documents, by whatever name
denominated, creating or governing the operation of a timeshare plan and
includes the declaration dedicating accommodations to the timeshare plan.
“Timeshare interest” means the right to exclusively occupy a timeshare property
for a period of time on a recurring basis pursuant to a timeshare plan, regardless
of whether or not such right is coupled with a property interest in the timeshare
property or a specified portion thereof.
“Timeshare plan” means any arrangement, plan, scheme, or similar device, facilitated, offered, or organized by a third-party non-purchaser, whether by
membership agreement, bylaws, shareholder agreement, partnership
agreement, sale, lease, deed, license, right to use agreement, or by any other
means, whereby purchasers, in exchange for consideration, receives the right to
exclusive use of an accommodation or accommodations, whether through the
granting of ownership rights, possessory rights or otherwise, for a period of time less
than a full year during any given year, on a recurring basis for more than one year,
but not necessarily for consecutive years.
“Timeshare property” means one or more accommodations subject to the same
timeshare instrument, together with any other property or rights to property
appurtenant to those accommodations.
“Timeshare use” means the use of one or more accommodations or any part
thereof, as a timeshare property pursuant to a timeshare plan.
C. Timeshare Uses Restricted to C-2 Downtown Commercial Zone.
Timeshare uses are conditional uses within the City’s C-2 Downtown Commercial
Zone, subject to approval of a conditional use permit applied for and approved
in conformance with this Section. Timeshare uses are not permitted in any other
Zones in the City.
D. Application Process and Development Standards.
A. Application Process. Approval of a conditional use permit for
timeshare uses in the C-2 Downtown Commercial Zone within the City shall be
required in accordance with the requirements of Chapter 17.40. In addition to the
requirements contained in Chapter 17.40, an application for a timeshare use shall
be accompanied by the following documents which shall be subject to the
approval of the Community Development Director:
1. Management Plan. A management plan shall describe the methods
employed by the applicant to guarantee the future adequacy, stability, and
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continuity of a satisfactory level of management and maintenance of the time
share use.
2. Application Requirements. In addition to any application
requirements established by this section and any other applicable requirements
of this code, the following information shall be submitted as part of any
application to develop or establish a timeshare use:
a. Typical floor plans for each accommodation.
b. The phasing of the construction of the accommodations on
the timeshare property, if applicable.
c. A description of any ancillary uses which are proposed in
conjunction with the time share use.
d. A description of the method of management of the time share
use and indication of the management entity for the time-share property.
e. Any restrictions on the use or occupancy of the
accommodations.
f. Any other information or documentation the applicant, City
staff or commission deems reasonably necessary to the consideration of
the timeshare use, including any required environmental documents.
B. Development Standards and Operational Requirements.
Notwithstanding any other provision of this Section, the following conditions must
be met by any timeshare use in any conditionally permitted zone. Additional
requirements may be attached to a conditional use permit or development
agreement if found to be necessary to assure that the timeshare use meets the
intent of this Section:
1. Timeshare uses developed in the C-2 Downtown Commercial Zone
within the City shall be limited to accommodations in upper floors in conjunction
with a mixed-use project.
2. No existing residential use in the C-2 Downtown Commercial Zone
within the City shall be converted to a timeshare use.
3. Development Standards. The timeshare use shall comply with all
development standards for the zone in which it is located.
4. Parking. Parking shall be provided as follows:
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a. For accommodations of two or fewer bedrooms, one parking
space shall be provided for each accommodation.
b. For accommodations of three or more bedrooms, two parking
spaces shall be provided for each accommodation.
5. Modification or Waiver of Standards. The Planning Commission may
modify or waive one or more of the regulations contained in this Section if it
determines that strict compliance is not necessary to achieve the purpose and
intent of this Section.
E. Violations, Enforcement and Civil Penalties.
1. Any responsible person, including but not limited to an owner of a
timeshare interest, management entity, agent, or broker who uses, or allows the
use of, or advertises or causes to be printed, published, advertised or
disseminated in any way and through any medium, the availability for sale or use
of an accommodation in violation of this Section is guilty of a misdemeanor for
each day in which such accommodation is used, allowed to be used, or
advertised for sale or use in violation of this Section. Such violation shall be
punishable pursuant to Section 1.04.020 of the City of Hermosa Beach Municipal
Code.
2. Timeshare use, and/or advertisement for timeshare use, of an
accommodation in violation of this Section is a threat to public health, safety or
welfare and is thus declared to be unlawful and a public nuisance. Any such
nuisance may be abated and/or restored by the enforcement official and also
may be abated pursuant to Chapter 8.28 except that the civil penalty for a
violation shall be one thousand dollars ($1,000.00). Each day the violation occurs
shall constitute a separate offense
3. Any responsible person who violates this Section shall be liable and
responsible for a civil penalty of one thousand dollars ($1,000.00) per violation per
day such violation occurs. The City may recover such civil penalty by either civil
action or administrative citation. Such penalty shall be in addition to all other costs
incurred by the City, including without limitation the City’s staff time, investigation
expenses and attorney’s fees.
a. Where the City proceeds by civil action, the court shall have
discretion to reduce the civil penalty based upon evidence
presented by the responsible person that such a reduction is
warranted by mitigating factors including, without limitation, lack of
culpability and/or inability to pay. Provided, however, that in exercising its discretion the court should consider the purpose of this
Section to prevent and deter violations and whether the reduction
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of civil penalties will frustrate that purpose by resulting in the
responsible person’s enrichment or profit as a result of the violation of
this Section. In any such civil action the City also may abate and/or
enjoin any violation of this Section.
b. Where the City proceeds by administrative citation, the City shall
provide the responsible person notice of the right to request an
administrative hearing to challenge the citation and penalty, and
the time for requesting that hearing.
i. The responsible person shall have the right to request the
administrative hearing within forty-five (45) days of the
issuance of the administrative citation and imposition of the
civil penalty. To request such a hearing, the responsible person
shall notify the City clerk in writing within forty-five (45) days of
the issuance of the citation. The appeal notification shall
include all specific facts, circumstances and arguments upon
which the appeal is based.
ii. The City Manager is hereby authorized to designate a hearing
officer to hear such appeal. The City hearing officer shall
conduct a hearing on the appeal within ninety (90) days of the
request for the hearing unless one of the parties requests a
continuance for good cause. The hearing officer shall only
consider those facts, circumstances or arguments that the
property owner or responsible person has presented in the
appeal notification.
iii. The hearing officer shall render a decision in writing within thirty
(30) days of the conclusion of the hearing. The hearing officer
shall have discretion to reduce the civil penalty based upon
evidence presented by the property owner or responsible
person that such a reduction is warranted by mitigating factors
including, without limitation, lack of culpability and/or inability
to pay. Provided, however, that in exercising its discretion the
hearing officer should consider the purpose of this Section to
prevent and deter violations and whether the reduction of civil
penalties will frustrate that purpose by resulting in the property
owner’s or responsible person’s enrichment or profit as a result
of the violation of this Section.
iv. Any aggrieved party to the hearing officer’s decision on the
administrative appeal may obtain review of the decision by
filing a petition for writ of mandate with the Los Angeles County
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Superior Court in accordance with the timelines and provisions
set forth in Government Code Section 53069.4.
v. If, following an administrative hearing, appeal, or other final
determination, the owner of the property is determined to be
the responsible person for the civil penalty imposed by this
section, such penalty, if unpaid within forty-five (45) days of the
notice of the final determination, shall become a lien to be
recorded against the property on which the violation occurred
pursuant to Chapter 8.28. Such costs shall be collected in the
same manner as county taxes, and thereafter the property
upon which they are a lien shall be sold in the same manner as
property now is sold for delinquent taxes
4. Any violation of this Section may also be abated and/or restored by
the enforcement official and also may be abated pursuant to Chapter 8.28
except that the civil penalty under Chapter 8.28 for a violation shall be one
thousand dollars ($1,000.00). Each day the violation of this Section occurs shall
constitute a separate offense. The remedies under this Section are cumulative
and in addition to any and all other remedies available at law and equity.
Section 3. Section 17.26.030 of Chapter 17.26 (C1, C2 and C3 Commercial
Zones) of Title 17 (Zoning) is amended to add the following entry to the chart of
land use regulations
USES C1 C2 C3 See Section
Timeshares U 17.40.230
Section 4. CEQA. This ordinance was assessed in accordance with the
authority and criteria contained in the California Environmental Quality Act
(CEQA), the State CEQA Guidelines (the Guidelines), and the environmental
regulations of the City. The City Council hereby finds that this ordinance is not
subject to CEQA because the adoption of this ordinance is not a “project”
pursuant to Sections 15060(c)(2) and 15060(c)(3) of Title 14 of the California Code
of Regulations. Specifically, this ordinance permits timeshares in the C-2
Downtown Commercial zone within the City pursuant to a conditional use permit,
and prohibits them in all other zones within the City, and authorizes administrative
and implementation activities which will not result in a direct or reasonably
foreseeable indirect physical change in the environment. Moreover, under
Section 15061(b)(3) of the State CEQA Guidelines, this ordinance is exempt from the requirements of CEQA because it can be seen with certainty that the
provisions contained herein would not have the potential for causing a significant
effect on the environment.
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Section 5. Effective Date. Pursuant to California Government Code section
36937, this Ordinance shall take effect thirty (30) days after its final passage.
Section 6. Certification. The City Clerk is directed to certify the passage
and adoption of this Ordinance; cause it to be entered into the City’s book of
original ordinances; make a note of the passage and adoption in the records of
this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.
PASSED, APPROVED and ADOPTED this 11th day of October, 2022.
______________________________________________________________________________ Mayor Raymond A. Jackson PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA
ATTEST:
_________________________
Myra Maravilla
City Clerk
APPROVED AS TO FORM:
__________________________
Patrick Donegan
City Attorney
AYES:
NOES:
Councilmembers Campbell, Massey, Mayor Pro Tem Jackson, and Mayor Detoy
None.
ABSTAIN: None.ABSENT: None
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State of California ) County of Los Angeles ) ss City of Hermosa Beach ) December 27, 2022 Certification of Council Action
ORDINANCE NO. 22-1453
AN ORDINANCE OF THE CITY OF HERMOSA BEACH. AMENDING CHAPTER 17.40 (CONDITIONAL USE PERMIT AND OTHER PERMIT STANDARDS) TO ADD SECTION 17.40.230 (TIMESHARE USES) TO TITLE 17 (ZONING), AND AMENDING SECTION 17.26.030 TO PERMIT TIMESHARE USES IN SPECIFIED COMMERCIAL ZONES PURSUANT TO A CONDITIONAL USE PERMIT AND DETERMINING THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
I, Myra Maravilla, City Clerk of the City of Hermosa Beach, California, do hereby
certify that the above and foregoing Ordinance No. 22-1453 was duly approved and
adopted by the City Council of said City at its adjourned regular meeting thereof held
via hybrid on the 11th day of October 2022 and passed by the following vote:
AYES: Mayor Detoy, Mayor Pro Tem Jackson, Councilmembers Campbell, Armato, and Massey NOES: None ABSTAIN: None ABSENT: None
________________________________
Myra Maravilla, MPA, CMC
City Clerk
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