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League of Women Voters of California Education Fund
Add Beach to Restricted Open Space Zone
City of Hermosa Beach
2,346 / 43.44% Yes votes ...... 3,055 / 56.56% No votes
Index of all Measures
|Results as of Nov 28 4:37pm, 100.00% of Precincts Reporting (6/6)|
|Information shown below: Impartial Analysis | Arguments | Full Text|
Shall an ordinance be adopted adding the beach to the Restricted Open Space (O-S-1) zone and limiting improvements in the O-S-1 zone to (a) landscaping, irrigation and erosion control, and (b) replacement or repair of existing improvements within their existing footprint?
The "Greenbelt" is the landscaped median between Valley Drive and Ardmore Avenue that runs through the City. The Greenbelt currently is classified in the R-S-1 zone. Under current law, the Greenbelt must be used as open space for recreational purposes, and the only improvements allowed on the Greenbelt are those required for landscaping, beautification, irrigation, erosion control and existing seawater intrusion wells. Buildings are not allowed. The one portion of the Greenbelt where parking is currently allowed – across from Clark Stadium – may be maintained as parking, but not expanded; no other parking is permitted on the Greenbelt. If the proposed Measure is not approved by the voters, this current law will stay in effect.
If the Measure is approved by the voters, it will not significantly alter the current regulations as they apply to the Greenbelt. The stated intention of Ballot Measure E is to prohibit construction, development and improvements on the Greenbelt, except for replacement and repair of existing improvements within their existing footprint. The Measure would not, however, repeal existing provisions that allow new improvements for landscaping, beautification, irrigation and erosion control on the Greenbelt; hence, it is likely that new improvements of these types would still be allowed on the Greenbelt.
Under current law, the beach is designated as Open Space (O-S) on the City's official zoning map. The Conservation Element of the City's General Plan provides that the beach must be used for open space and recreational purposes; private development on the beach is prohibited. The Open Space element of the General Plan provides that the beach must be used as a recreational asset of the City. If the proposed Measure is not approved by the voters, this current law will stay in effect.
Ballot Measure E would change the beach zone designation from Open Space (O-S) to R-S-1 (Restricted Open Space) and may significantly alter the current regulations on the beach. The stated intention of the ballot measure is to prohibit construction, development and improvements on the beach, except for replacement and repair of existing improvements within their existing footprint. Hence, the proposed Measure would prohibit new improvements on the beach. Because the word "improvements" is nowhere defined, the prohibition could encompass a broad range of structures and facilities, both permanent and temporary.
A "yes" vote is in favor of adopting the ordinance proposed by the Measure; a "no" vote is against adopting the ordinance. A majority of "yes" votes is required for the measure to be enacted. If adopted, the ordinance could not be changed except by a vote of the people.
|Arguments For Measure E||Arguments Against Measure E|
|Over 2000 registered voters signed the petition supporting this people’s initiative.
Voters overwhelmingly rejected paving the beach by over 63% of the votes in a
recent advisory-only election. Because advisory votes cannot stop the City Council
from going ahead with development projects, this initiative will insure that the
greenbelt and beach will be protected as restricted open space unless the voters
This initiative will place the beach under the same restricted open space zoning as the greenbelt. It will prevent any three-person majority on the City Council from paving any more of the greenbelt for parking or adding any solid surface on the beach for a bike path without prior approval of the voters.
This initiative contains no provision which would interfere with the City’s permitting process for beach activities such as those historically allowed. The initiative also is not intended to and does not prohibit the use of temporary structures, such as grandstands, for beach activities permitted by the City.
This initiative seeks only to protect the surface of the greenbelt and the beach as open space and does not restrict underground activities, such as the Tyco fiber-optic cables currently under the beach, which do not place a new footprint on the beach or greenbelt.
Preserve and protect Hermosa’s precious open space. VOTE "YES."
Gary Brutsch, Former Mayor
These claims are false as they are clearly inconsistent with the written language of their proposed ordinance. The proponents hope you will believe what they say rather than what is written in the ordinance. For example, Section 2 of the initiative prohibits "construction, development and improvements" on the beach unless it is "within their footprint". The initiative means exactly what it says; it bars any reasonable improvement or addition to even beach swing sets or volleyball courts unless it is in the same exact footprint, and the banning of all construction means that temporary stages and seating for summer concerts or volleyball tournaments could no longer be constructed on the beach.
The initiative goes far beyond prohibiting the construction of a bike path on the beach. We all agree that we want to preserve our beach and greenbelt as open space. However, this initiative is dangerous because it goes much further than that.
We don’t need badly written laws on the books in Hermosa.
Please vote "NO" on this poorly written initiative.
Eric Fonoimoana, Olympic Gold Medallist Beach Volleyball
|Passing the so-called Beach and Greenbelt Initiative would ban beach activities
such as volleyball tournaments, summer sunset concerts, and volleyball nets in new
locations. It would also ban needed storm water runoff improvements. The Initiative
extends far beyond just a simple prohibition of parking on the greenbelt and the
construction of a separate bike path on the beach. This measure, if passed, would
prohibit many things which benefit the community. These beach activities and
improvements would be banned because the measure bars any new structures
temporary or otherwise, and bars even the replacement of old structures beyond the
existing footprint. Further, the City would lose its ability to exercise an option of
laying another unseen fiber optic cable under the beach straight from the ocean to
the Strand. The City received $10 million for the prior able installation and stands to
receive at least another $10 million if the option is exercised.
The separate bike path and parking on the greenbelt issues are dead issues. The separate bike path issue was rejected by you, the voters, two years ago. Moreover, Greenbelt parking has been outlawed since 1992.
Because the proponents have refused all offers of the city to restrict their measure to just the hypothetical greenbelt parking and the construction of a separate bike path, it must be inferred that the true intent of this measure is to eliminate a host of activities on the beach which benefit the community. This proposed measure should be rejected as presented. No measure should ever pass then it comes under the guise of doing something which is completely different from what it actually does. Consequently, please vote "no" on this measure.
Sam Edgerton, Hermosa Beach Councilman
Would you wait for your house to catch fire before installing safety sprinklers? If not, then why wait for an "emergency" to protect your cherished beach and parks?
Hermosa Beach voters know there is no such thing as a "dead issue" when it come to exploiting public open space lands. But as usual, pro-development politicians and bureaucrats are asking Hermosa Beach voters to wait for the bulldozers and tar trucks before taking action.
Past Councils tried to make an end run around the so-called Greenbelt parking "prohibition" that's vaguely referenced in Ordinance 89-1001. This measure will plug that loophole once and for all. Don’t be fooled. Act now by voting "Yes" for no paving without voter approval.
Voters already know this initiative does not interfere with the kinds of traditional games and events on the beach that we all enjoy.
This initiative does not limit cables, drains, or other underground apparatus.
This ballot argument shall serve as further legal confirmation that this initiative is intended to limit paving and the expansion of above-ground development only.
"YES" MEANS NO PAVING
Gary Brutsch, Former Mayor
|Full Text of Measure E|
IMPROVEMENTS ON THE BEACH AND ON THE GREENBELT
WHEREAS in the last city election an overwhelming majority of the people rejected the construction of a bike path on the Beach and reaffirmed that the Beach should be preserved as unimproved open space;
WHEREAS the people desire to insure that the Greenbelt Area and the Beach, the two largest public recreation areas in the City of Hermosa Beach, be placed under uniform voter protection for the public’s benefit and no new parking lot on the Greenbelt or bike path on the Beach is built without a vote of the people of Hermosa Beach;
NOW, THEREFORE, THE PEOPLE OF THE CITY OF HERMOSA BEACH DO ORDAIN AS FOLLOWS:
Section 1. The purpose of this initiative is to place Hermosa Beach’s two largest public recreation areas, the "Beach" and the "Greenbelt Area," under uniform protection. The Greenbelt Area is currently in O-S-1 (Restricted Open Space Zone) and subject to the protections applicable to that zone as set forth in Chapter 17.32 of the Hermosa Beach Municipal Code. This initiative adds the Beach to the O-S-1 (Restricted Open Space Zone) and strengthens the protections prohibiting construction, development and improvements in that zone to preserve in perpetuity for parkland and open space purposes the Greenbelt Area and the Beach.
Section 2. In order to prohibit construction, development and improvements in the O-S-1 zone except for repair or replacement of existing improvements, Section 17.32.030 B of the Hermosa Beach Municipal Code, which currently allows additional paving for parking in the O-S-1 zone shall be amended to read in full as follows: "17.32.030 B. Replacement or repairs of existing improvements in the O-S-1 zone within their footprint existing on the date of adoption of this ordinance shall be allowed."
Section 3. In order to add the Beach to existing O-S-1 zone, Section 17.32.040 of the Hermosa Beach Municipal Code shall be amended to read in full as follows: "17.32.040 Areas designated. The Greenbelt Area, which is bounded on the north and south by the city limits, on the east by the curb face on Ardmore Avenue, and on the west by the curb face on Valley Drive (the "Greenbelt Area"); and the Beach, which is bounded on the north and south by the city limits, on the east by the existing wall on the Strand and on the west by the ocean (the "Beach"), shall be designated and zoned O-S-1."
Section 4. Ordinance No. 89-1001, adopted by the people on November 7, 1989 is hereby amended to reflect the above language changes.
Section 5. In the event that any provision of this ordinance shall be held invalid or unenforceable, the same shall not affect in any respect whatsoever the validity or enforceability of the remainder of the ordinance.
Section 6. There shall be no modification, amendment or repeal of any provision of this ordinance without a vote of the people.