The Formal Text, as
Submitted
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Notes
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TITLE AND SUMMARY
PREPARED BY THE CITY ATTORNEY
AN
ORDINANCE REDUCING THE POST-MIDNIGHT OPERATING
HOURS OF SPECIFIED BUSINESSES IN THE DOWNTOWN
AREA OF HERMOSA BEACH
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The
purpose of this initiative is to place on
the ballot for a vote by the electorate a
proposed ordinance that would reduce the
post-midnight operating hours of specified
businesses in the downtown area of Hermosa
Beach.
Current City law
limits some but not most business operating
hours. Closing
times for restaurants and bars that serve
alcohol and are open past 10:00 p.m. are
generally imposed in discretionary conditional
use permits (“CUP”) issued for specific
businesses on a case-by-case basis. Restaurants that do
not serve alcohol or that serve beer and wine
but close by 10:00 p.m. are allowed by right.
The proposed
ordinance would amend the General Plan, the
zoning ordinance and the zoning map in order
to establish new closing times for businesses
in the downtown area of the City that are
zoned C-2, with some exceptions, as noted
below. The new
closing times would be phased in over a period
of one to five years beginning in April, 2014. Closing times for
businesses open Sunday through Wednesday would
be gradually reduced to 12:00 Midnight over a
five-year period. Closing
times for businesses open Thursday through
Saturday would be gradually reduced to 1:00
a.m. over a one and a half-year period. The proposed
ordinance would apply to a business regardless
whether it has a CUP that allows it to operate
until 2:00 a.m. or has no specified closing
time. The City
Council would be allowed to designate five
days per year when businesses could stay open
past these new closing times.
The proposed new
closing times would be imposed by placing a
new “Time-Restricted (T-O) overlay zone” over
properties located in the C-2 zone within the
“downtown” area of the City, defined as the
area between 8th and 16th
Streets and between the Strand and Manhattan
Avenue. Existing
incentives encouraging voluntary reduction in
hours for late night businesses that serve
alcohol would not be available to restaurants
and bars in the downtown area until April 1,
2018.
The new closing times
would not apply to lodging (i.e. motels and
hotels), emergency medical facilities, parking
lots, business offices and stores that sell
alcohol for off-site consumption.
A full copy of the proposed ordinance,
which includes the chart showing precisely how
hours would be reduced over the five year
period, is printed on this petition for review
by any prospective signer. |
Summary, written by the Hermosa
Beach city attorney.
By law, the title of an initiative, and a summary
of the initiative, are to be written by the city
attorney and then added to the top of the
petition, before the proponent can circulate it
for signatures. |
| THE PEOPLE OF THE CITY OF HERMOSA
BEACH DO ORDAIN AS FOLLOWS:
SECTION 1: Title. AN ORDINANCE REDUCING
THE POST-MIDNIGHT OPERATING HOURS OF SPECIFIED
BUSINESSES IN THE DOWNTOWN AREA OF HERMOSA
BEACH
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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. |
Written by the proponent.
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(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.
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http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1614881/
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(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.
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http://publichealth.lacounty.gov/sapc/resources/AODFinalRevised13012.pdf
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(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.
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HBPD
Crime Statistics Tables, 2000 - 2012
http://www.ci.manhattan-beach.ca.us/Index.aspx?page=187
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(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.
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Despite the cutback in staffing,
costs have continued to rise. Source:
The City's 2012 CAFR
audit report.
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| During the same period disturbance
calls and calls for service received by the
Hermosa Beach Police Department remained
steady. |
HBPD
Crime Statistics Tables, 2000 - 2012
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| 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. |
HBPD
Crime Statistics Tables, 2000 - 2012
2011 MBPD Statistics: Annual
Report 2012 MBPD Statistics: J.
Dahlgren, MBPD, 2-21-13
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(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, especially after midnight,
and to act as a deterrent to criminal,
boisterous and unruly behavior by inebriated
persons."
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Hermosa
Beach City Council Resolution 12-6789
(See Section 2.)
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(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.
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HBPD
Crime Statistics Tables, 2000 - 2012 |
(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."
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Municipal
Code
17.70.010
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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.
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California
Constitution
Hermosa
Beach Zoning Map
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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 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.
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Land
Use Element of the Hermosa Beach General Plan
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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.
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Municipal
Code 17.06.010
Hermosa
Beach Zoning Map
Municipal
Code 17.26.020
Municipal
Code 17.26.030
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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.
Table 1: Closing Times
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Effective
date:
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Sun
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Mon
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Tue
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Wed
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Thu
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Fri
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Sat
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Apr. 1,
2014
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1:30
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1:30
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Oct. 1,
2014
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1:00
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1:00
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Apr. 1,
2015
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1:30
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1:30
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1:00
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1:00
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Oct. 1,
2015
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1:30
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1:30
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1:00
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1:00
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1:00
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Apr. 1,
2016
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1:30
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1:30
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1:30
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1:30
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1:00
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1:00
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1:00
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Oct. 1,
2016
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12:30
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1:30
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1:30
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1:30
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1:00
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1:00
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1:00
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Apr. 1,
2017
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12:30
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12:30
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1:30
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1:30
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1:00
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1:00
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1:00
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Oct. 1,
2017
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12:30
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12:30
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1:00
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1:00
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1:00
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1:00
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1:00
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Apr. 1,
2018
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12:00
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12:00
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1:00
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1:00
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1:00
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1:00
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1:00
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Oct. 1,
2018
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12:00
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12:00
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12:30
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12:30
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1:00
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1:00
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1:00
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Apr. 1,
2019
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12:00
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12:00
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12:00
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12:00
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1:00
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1:00
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1:00
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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.
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Municipal
Code Chapter 17.26
An "off-sale alcohol beverage establishment" is a
liquor store.
Municipal
Code 17.40.080
Municipal
Code 17.52.020
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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. |
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| 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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