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RESOLUTION NO. 13-6867
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED
VOTERS OF A PROPOSED ORDINANCE, SUBMITTED BY PETITION AND
RELATING TO POST -MIDNIGHT OPERATING HOURS OF SPECIFIED
BUSINESSES IN THE CITY'S DOWNTOWN AREA, AT THE GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2013, AS
CALLED BY CITY COUNCIL RESOLUTION NO. 13-6858
WHEREAS, the City Council of the City of Hermosa Beach, at its meeting of June 25,
2013, adopted Resolution No. 13-6858, calling for the holding of a General Municipal Election
on Tuesday, November 5, 2013; and
WHEREAS, an initiative petition was filed May 7, 2013 with the City Clerk of the City
of Hermosa Beach, California, signed by more than ten (10) percent of the number of registered
Hermosa Beach voters (as reported by the County Clerk to the Secretary of State effective at the
time the proponent's notice of intention was published in the Easy Reader on March 14, 2013),
to submit to the voters a proposed ordinance that would reduce the post -midnight operating
hours of specified businesses in the downtown area of Hermosa Beach; and
WHEREAS, the petition was reviewed by the City Clerk and forwarded for signature
verification to the Los Angeles County Registrar-Recorder/County Clerk, whose staff examined
the records of registration and ascertained that the petition was signed by the requisite number of
voters, and the City Clerk then certified the results on June 18, 2013, and presented it to the City
Council at its meeting of June 25, 2013; and
WHEREAS, the City Council did not order a report pursuant to Section 9212 of the
Elections Code of the State of California or vote in favor of the adoption of the ordinance when
the petition was presented at the meeting of June 25, 2013, and instead directed the City Clerk to
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prepare, for City Council adoption, the documents necessary to place the initiative on the ballot
at the November 5, 2013 General Municipal Election; and
WHEREAS, the City Council is authorized and directed by California statute to submit
the proposed ordinance to the voters.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND
ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of the laws of the State of California,
the City Council of the City of Hermosa Beach does order submitted to the voters at the General
Municipal Election on Tuesday, November 5, 2013, the following question, which requires the
approval of a majority of those casting votes:
Shall an ordinance be adopted to incrementally, over a five-year period,
reduce the post -midnight operating hours of specified businesses in the
downtown area of Hermosa Beach?
YES
NO
SECTION 2. That the text of the ordinance submitted to the voters is attached as
Exhibit "A."
SECTION 3. That in all particulars not recited in this resolution, the election shall be
held and conducted as provided in Resolution No. 13-6858 and by law for holding municipal
elections.
SECTION 4. That notice of the time and place of holding the election is given and the
City Clerk is authorized, instructed and directed to give further or additional notice of the
election, in time, form and manner as required by law.
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SECTION 5. That in the event the ordinance is approved by a majority vote of the
electors, and upon certification of the results of the November 5, 2013 election, the Mayor and
City Clerk are hereby authorized and directed to attest to said approval.
SECTION 9. That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
PASSED, APPROVED and ADOPTED this 23rd day of July, 2013.
PRESIDENT of the City Counci 1, and MAYOR of the City of Hermosa Beach, California
ATTEST: APPROVED AS ' 'O FORM:
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city
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City
13-6867
EXHIBIT A
PROPOSED ORDINANCE OF MEASURE
AN ORDINANCE REDUCING THE POST -MIDNIGHT OPERATING HOURS OF
SPECIFIED BUSINESSES IN THE DOWNTOWN AREA OF HERMOSA BEACH,
CALIFORNIA
The People of the City of Hermosa Beach do ordain as follows:
SECTION 1: Title. (See above)
SECTION 2: Findings and Declarations. The People of the City of Hermosa Beach hereby find
and declare all of the following:
(a) Hermosa Beach is a high quality bedroom community with no significant ten-year growth in
population and no growth in land area.
(b) In the 1995 study "The Risk of Assaultive Violence and Alcohol Availability in Los Angeles
County," R.A. Scribner, D.P. MacKinnon and J.H. Dwyer found that assaultive violence
clustered around alcohol outlets.
(c) In its 2011 report "Reducing Alcohol -Related Harms in Los Angeles County" the Los
Angeles County Public Health Department found that Hermosa Beach had more than double the
rate of violent crime compared to Manhattan Beach, and that Hermosa Beach has more than four
times the on -sale alcohol outlet density compared to all of Los Angeles County.
(d) In the period 2009 - 2012, the incidence of Part I Rape in Hermosa Beach was more than
double that in Manhattan Beach, on a per capita basis.
(e) In response to the national economic slowdown and the City's high pension obligations, the
Hermosa Beach City government reduced the staffing of its public safety departments from a
peak of 98 personnel in 2005 to 74 in 2012. During the same period disturbance calls and calls
for service received by the Hermosa Beach Police Department remained steady.
In both 2011 and 2012 the Hermosa Beach Police Department's Calls for Service volume was 2-
1/2 times greater than the volume in Manhattan Beach, on a per capita basis.
(f) In 2012 the Hermosa Beach City Council found:
"Certain areas of the City, such as the Hermosa Beach Pier Plaza and commercial
downtown, have become a nightlife destination for people all over Southern California
and that nightlife has brought with it significant negative impacts. This area, for
example, requires a disproportionate police presence compared to other parts of the
City. Due to the high number of calls for police service, the Hermosa Beach Police
Department must deploy officers to specifically patrol the Pier Plaza and downtown area,
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especially after midnight, and to act as a deterrent to criminal, boisterous and unruly
behavior by inebriated persons."
(g) With reduced personnel, providing a disproportionate level of public safety services to the
small lower downtown area has come at the cost of reduced services to the rest of the town, with
an impact upon the quiet enjoyment, health and safety of the residents and of the commercial
sector outside the lower downtown. Dealing with the lower downtown's emergencies has taken
precedence over routine patrolling by the police. In 2012 auto theft was double the rate in 2011
and 2010.
(h) Hermosa Beach Municipal Code Section 17.70.010 allows for conditional use permits and
other land use entitlement permits to be modified if, "the use for which the approval was granted
was or is so exercised as to be detrimental to the public health or safety, or so as to constitute a
nuisance" or if, "the conditions of approval are found to be inadequate to mitigate the impacts of
the use allowed by the permit, and the public health, safety and welfare merit modification of the
permit."
SECTION 3: Purpose and Intent. The People of the City of Hermosa Beach hereby declare their
purpose and intent in enacting this measure to be as follows:
(a) To exercise their right under Article II, Section 11 of the California Constitution to submit to
the voters for their approval a General Plan amendment and Zoning Ordinance amendment
necessary to reduce the post -midnight operating hours of specified businesses in the downtown
portion of the C-2 zone.
(b) In order to reduce the number of post -midnight hours during which persons living near the
downtown portion of the C-2 zone or near the parking areas and streets utilized by late night
patrons of businesses in the downtown portion of the C-2 zone are deprived of the quiet, peaceful
and secure enjoyment of their homes.
(c) In order to make public safety services and other City services available to the commercial
and residential areas outside the lower downtown by reducing the number of post -midnight hours
during which large numbers of visitors are present in the downtown portion of the C-2 zone.
(d) In order to reduce the post -midnight operating hours of specified businesses in the
downtown portion of the C-2 zone while maintaining the requirement that those businesses be
subject to the City's development approval process, including all applicable planning and
environmental requirements, excluding certain incentives.
SECTION 4. General Plan Amendment
1. The General Commercial (GC) classification on page 27 of the current Land Use Element of
the General Plan is hereby amended to add:
To promote compatibility with nearby residential uses, and for the general welfare of the
community, the land between 8th Street and 16th Street and between The Strand and
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Manhattan Avenue which is designated General Commercial in the General Plan Land
Use Map as of February 20, 2013 may be restricted as to late night hours of operation.
2. The Commercial Recreation (CR) classification on page 27 of the current Land Use Element
of the General Plan is hereby amended to add:
To promote compatibility with nearby residential uses, and for the general welfare of the
community, the land between 8th Street and 16th Street and between The Strand and
Manhattan Avenue which is designated Commercial Recreation in the General Plan Land
Use Map as of February 20, 2013 may be restricted as to late night hours of operation.
SECTION 5. Municipal Code Amendment to Establish the Time Restricted Overlay Zone (T-O)
1. Section 17.06.010 of Chapter 17.06 of Title 17 of the Hermosa Beach Municipal Code,
Names of Zones, is hereby amended to add the T-O, Time Restricted Overlay Zone, to the list of
zones.
2. The Official Zoning Map is hereby amended to add the T-O Time Restricted Overlay Zone to
the land which lies between 8th Street and 16th Street and between The Strand and Manhattan
Avenue and is zoned Restricted Commercial (C-2) on the Zoning Map as of February 20, 2013.
3. Paragraph B of Section 17.26.020 of Chapter 17.26 of Title 17 of the Hermosa Beach
Municipal Code, Specific Purposes, is hereby amended to add:
4. T-O Time Restricted Overlay Zone. To provide reduced post -midnight hours for
specified businesses.
4. The matrix in Section 17.26.030 of Chapter 17.26 of Title 17 of the Hermosa Beach
Municipal Code, C-1, C-2 and C-3 Land Use Regulations, is hereby amended to add to each C-2
use indicated as "P" or "U," a reference under the column titled "See Section" to see Section
17.26.055.
5. Chapter 17.26 of Title 17 of the Hermosa Beach Municipal Code is hereby amended to add
Section 17.26.055.
17.26.055 T-O Time Restricted Overlay Zone - Standards and Limitations
In the T-O Time Restricted Overlay zone all businesses, private clubs and restaurants,
with the exception of off -sale alcohol beverage establishments, and with the exception of
emergency medical facilities, and with the exception of parking lots, and with the
exception of business offices, and with the further exception of lodging activities at
hotels or motels, shall be time -restricted and closed to the public not later than the
Closing Times shown in Table 1 and shall remain closed until 5:00 a.m. The City
Council may amend this section by eliminating any or all of the exceptions stated in this
section.
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Table 1: Closing Times
Effective date:
Sun
Mon
Tue
Wed
Thu
Fri
Sat
Apr. 1, 2014
1:30
1:30
Oct. 1, 2014
1:00
1:00
Apr. 1, 2015
1:30
1:30
1:00
1:00
Oct. 1, 2015
1:30
1:30
1:00
1:00
1:00
Apr. 1, 2016
1:30
1:30
1:30
1:30
1:00
1:00
1:00
Oct. 1, 2016
12:30
1:30
1:30
1:30
1:00
1:00
1:00
Apr. 1, 2017
12:30
12:30
1:30
1:30
1:00
1:00
1:00
Oct. 1, 2017
12:30
12:30
1:00
1:00
1:00
1:00
1:00
Apr. 1, 2018
12:00
12:00
1:00
1:00
1:00
1:00
1:00
Oct. 1, 2018
12:00
12:00
12:30
12:30
1:00
1:00
1:00
Apr. 1, 2019
12:00
12:00
12:00
12:00
1:00
1:00
1:00
In Table 1, the times shown are midnight or in the morning of the following day.
The City Council may, after a public hearing, designate up to five days per year on which
otherwise time -restricted businesses in the T-O Time Restricted Overlay zone may stay
open later than the Closing Times specified in Table 1.
For the purposes of this measure, "closed to the public" shall mean that members of the
public, including persons invited to a private party at the premises, shall not be permitted
to enter or remain at the business premises.
6. Paragraph B of Section 17.40.080 of Chapter 17.40 of Title 17 of the Hermosa Beach
Municipal Code, On Sale Alcoholic Beverage Establishment, is hereby amended to add:
4. Incentives - Ineligible Businesses. Prior to April 1, 2018, time -restricted businesses in
the T-O Time Restricted Overlay zone shall not be eligible for incentives.
7. The first paragraph of Section 17.52.020 of Chapter 17.52 of Title 17 of the Hermosa Beach
Municipal Code, Continuance and Maintenance, is hereby amended to read:
The nonconforming use of a building may be continued, provided any structural
alteration or expansion shall comply with Section 17.52.030, subject to the exception that
time -restricted businesses in the T-O Time Restricted Overlay zone shall conform to the
Closing Times set forth in Section 17.26.055.
SECTION 6: Effective Date. This measure shall become effective when it is approved by the
voters of Hermosa Beach.
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SECTION 7: Severability. If any provision of this measure or the application thereof to any
person, property or circumstances is held invalid, that invalidity shall not affect other provisions
or application of this measure, and to this end the provisions herein are severable.
SECTION 8: Amendment or Repeal. The provisions of this measure may be renumbered, but
otherwise, except as provided in this measure, shall not be amended or repealed by the City
Council without a vote of the people.
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF HERMOSA BEACH )
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Resolution No. 13-6867 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a Regular
Meeting of said Council at the regular place thereof on July 23, 2013.
The vote was as follows:
AYES:
DiVirgilio, Duclos, Fishman, Tucker, Mayor Bobko
NOES:
None
ABSTAIN:
None
ABSENT:
None
Dated: July 23, 2013
Elaine Doerfling, City Clerk