HomeMy WebLinkAboutPC Resolution 23-12 - STVR ExtensionCITY OF HERMOSA BEACH
PC RESOLUTION NO. 23-12
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA RECOMMENDING THE CITY COUNCIL
APPROVE 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 MAKE A
DETERMINATION THAT THE ORDINANCE IS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS, on October 10, 2019, City Council adopted Ordinance No. 19-
1395, amending various sections of the Hermosa Beach Municipal Code to
establish a two-year pilot program to regulate the vacation rental of existing
nonconforming residential units that are located in commercial zoning districts for
fewer than 30 days; and
WHEREAS, on December 14, 2021, City Council adopted Ordinance No. 21-
1440, extending the Short-Term Vacation Rental Pilot Program for an additional
two years, and implemented revisions to clarify existing requirements; and
WHEREAS, Title 17 of the Hermosa Beach Municipal Code provides
guidelines for land use regulations, including operational elements required for a
short-term vacation rental to operate within nonconforming residential units on
commercial properties zoned C-2, C-3, SPA-7, SPA-8, SPA-9, and SPA-11; and
WHEREAS, Hermosa Beach Municipal Code Section 17.40.230(D) – Sunset
Clause, clarifies the provisions of said Section relating to short-term vacation
rentals on commercially zoned properties shall become inoperative on October
24, 2023, and shall be considered repealed on that date, unless the City Council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, 2023, and which deletes or extends that date; and
WHEREAS, on August 15, 2023, the Planning Commission held a noticed
public hearing to consider a text amendment continuing the Short-Term Vacation
Rental Pilot Program an additional two years, to October 2025; and
Exhibit A to PC Resolution 23-12
WHEREAS, the Zone Text Amendment is exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15061, Review for
Exemption of the CEQA Guidelines. Specifically, Section 15061(b)(3) states that
any activity is covered by the commonsense exemption that CEQA applies only
to projects, which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibility the
activity in question may have a significant effect on the environment, the activity
is not subject to CEQA. The Zone Text Amendment would not approve any
development project or create any new land use provisions that would allow new
development, and therefore would not cause a significant effect on the
environment; and
WHEREAS, the Planning Commission found the proposed amendments
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.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Planning Commission of the City of Hermosa Beach hereby
recommends City Council adopt an Ordinance approving amendments to Title
17of the Hermosa Beach Municipal Code, as included as Exhibit A.
VOTE: AYES: 5 - Commissioner Hirsh, Chair Izant, Commissioner Rice,
Vice Chair Hoffman and Commissioner Pedersen
NOES: 0
ABSTAIN: 0
ABSENT: 0
Exhibit A to PC Resolution 23-12
CERTIFICATION
I hereby certify the foregoing Planning Commission Resolution 23-12 is a true and
complete record of the action taken by the Planning Commission of the City of
Hermosa Beach, California at its regular meeting of August 15, 2023.
________________________________ ________________________________
Stephen Izant Carrie Tai
Chair Secretary
________________________________
Date
Stephen Izant (Sep 5, 2023 15:35 PDT)
Stephen Izant
Sep 5, 2023
Exhibit A to PC Resolution 23-12
CITY OF HERMOSA BEACH
ORDINANCE NO. 23-XX
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 ________,
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.
Exhibit A to PC Resolution 23-12
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.
Exhibit A to PC Resolution 23-12
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, or his/her 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
Exhibit A to PC Resolution 23-12
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 that he or
she is 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
Exhibit A to PC Resolution 23-12
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 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
Exhibit A to PC Resolution 23-12
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.
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 12. 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 13. Effective Date. This Ordinance shall take effect thirty (30) days
after its passage and adoption pursuant to California Government Code section
36937.
Exhibit A to PC Resolution 23-12
SECTION 14. 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 [add day of council meeting] day of
[add month of council meeting] [add year].
Raymond A. Jackson
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________
Myra Maravilla Patrick Donegan
City Clerk City Attorney
PC Resolution 23-12 STVR
Final Audit Report 2023-09-05
Created:2023-09-05
By:Melanie Hurtado (mhurtado@hermosabeach.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAiEjbP3tbTGlDRrnGLsftz5i08z-_Z26l
"PC Resolution 23-12 STVR" History
Document created by Melanie Hurtado (mhurtado@hermosabeach.gov)
2023-09-05 - 10:07:23 PM GMT
Document emailed to Carrie Tai (ctai@hermosabeach.gov) for signature
2023-09-05 - 10:08:13 PM GMT
Email viewed by Carrie Tai (ctai@hermosabeach.gov)
2023-09-05 - 10:08:50 PM GMT
Document e-signed by Carrie Tai (ctai@hermosabeach.gov)
Signature Date: 2023-09-05 - 10:09:12 PM GMT - Time Source: server
Document emailed to Stephen Izant (sizant@hermosabeach.gov) for signature
2023-09-05 - 10:09:13 PM GMT
Email viewed by Stephen Izant (sizant@hermosabeach.gov)
2023-09-05 - 10:34:56 PM GMT
Document e-signed by Stephen Izant (sizant@hermosabeach.gov)
Signature Date: 2023-09-05 - 10:35:32 PM GMT - Time Source: server
Agreement completed.
2023-09-05 - 10:35:32 PM GMT