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Hermosa Beach Short-Term Rental Ban Struck Down: What This Actually Means

  • Writer: Elaine Kim
    Elaine Kim
  • Apr 8
  • 4 min read

Koerner v. City of Hermosa Beach just changed the conversation in Hermosa Beach—and not in a subtle way.


A Los Angeles Superior Court judge has effectively struck down Hermosa Beach’s short-term rental (STR) ban in the coastal zone, opening the door to a major shift in how the city approaches housing, tourism, and revenue.


Let’s break down what happened—and more importantly, what happens next.



The Headline: The Ban Is Unenforceable (For Now)


Judge James C. Chalfant ruled largely in favor of homeowner Todd Koerner.


Two major outcomes:

  • The $2,500 citation against Koerner? Thrown out

  • The city’s STR ban in the coastal zone? Declared unenforceable


The court issued a binding injunction preventing Hermosa Beach from enforcing its STR ban unless and until it gets approval from the California Coastal Commission.


That’s not a small administrative fix. That’s a multi-year process—if it happens at all.


Why the City Lost (And Why This Was Predictable)


This ruling follows the exact logic of Keen v. City of Manhattan Beach—also decided by Judge Chalfant.


The legal principle is simple:

If a city changes how property can be used in the coastal zone, it’s considered “development” under the California Coastal Act.

And “development” requires a Coastal Development Permit (CDP).


Hermosa Beach:

  • Banned STRs in 2016

  • Never obtained a CDP


That’s the entire case.


The city tried to argue STRs were always illegal. The court didn’t buy it.


Why? Because:

  • The zoning code allowed residential rentals

  • It never distinguished between short-term and long-term


So legally: You can’t suddenly say “30 days good, 3 days bad” without Coastal Commission approval


What This Actually Means (No Hype, Just Reality)


Let’s be clear:


This is not just “Airbnb wins.”


This is:

  • A loss of enforcement power for the city

  • A reset moment for local housing policy

  • A huge economic opportunity sitting on the table


The Part No One Is Talking About: STRs Are Not Passive


There’s a narrative forming already:“STRs are back—time to cash in.”


Not so fast.


Running a short-term rental is not passive income.


It’s:

  • Operations

  • Turnover

  • Guest management

  • Cleaning coordination

  • Pricing strategy

  • Constant oversight


It’s much closer to running a small hospitality business than owning a traditional rental.


And More Importantly: STR Income Does NOT Equal Property Value


This is where I see people get into trouble.


Even if STRs become more viable in Hermosa Beach:

👉 Banks do not underwrite short-term rental income

👉 Appraisers do not value property based on Airbnb revenue


They underwrite based on:

  • Market rents

  • Stabilized income

  • Comparable sales


So no—you can’t say:

“This property makes $8,000/month on Airbnb, so it’s worth more”

That’s not how real estate is valued—especially in commercial and multifamily.


STR is a use strategy, not a valuation strategy.


The Missed (and Now Urgent) Revenue Opportunity


Hermosa Beach has been playing defense—badly.


Meanwhile:

  • ~200–300 STRs already operating

  • Average nightly rates around $395

  • Enforcement costs rising

  • Zero meaningful tax capture


Other coastal cities figured this out years ago:

  • Register the units

  • Collect Transient Occupancy Tax (TOT)

  • Partner with platforms like Airbnb and Vrbo

  • Move on


Hermosa instead:

  • Issued citations

  • Increased fines (up to $20,000)

  • Lost in court


That strategy is now officially dead in the coastal zone.


The Bigger Picture: Access vs. Control


The Coastal Act prioritizes:

  • Public access

  • Visitor-serving accommodations


STRs—like them or not—fit into that framework.


The court made it clear:

👉 Limiting STRs = limiting coastal access

👉 That requires state-level oversight


Local control doesn’t disappear—but it doesn’t override coastal law.


What Happens Next


If the ruling holds:

1. Enforcement stops (in the coastal zone)The City cannot issue or enforce STR citations there


2. The City has two choices:

  • Continue fighting (costly, uncertain)

  • Or regulate and monetize


3. Coastal Commission process (if pursued):

  • Multi-year timeline

  • Uncertain outcome

  • Likely requires a more flexible STR framework anyway


The Part No One Is Talking About: STRs Are Not Passive


There’s a narrative forming already:“STRs are back—time to cash in.”


Not so fast.


Running a short-term rental is not passive income.


It’s:

  • Operations

  • Turnover

  • Guest issues

  • Cleaning coordination

  • Pricing strategy

  • Constant management


It’s much closer to running a small hospitality business than owning a rental.


STR Income Does NOT Equal Property Value


This is where I see people get into trouble.


Even if STRs become more viable in Hermosa Beach:

👉 Banks do not underwrite short-term rental income

👉 Appraisers do not value property based on Airbnb revenue


They underwrite based on:

  • Market rents

  • Stabilized income

  • Comparable sales


So no—you can’t say:

“This property makes $8,000/month on Airbnb, so it’s worth more”

That’s not how real estate is valued—especially in multifamily and commercial assets.

STR is a use strategy, not a valuation strategy.


My Take (From the South Bay Multifamily Market)


This ruling creates opportunity—but not magic.


Hermosa Beach is:

  • A premium coastal market

  • A global destination

  • Sitting on already-active STR inventory


And we have major demand drivers ahead:

  • World Cup

  • Olympics

  • Peak tourism demand


But none of that changes the fundamentals.


STRs can enhance how a property is used—but they do not redefine how it is valued.


Final Thought: Time to Pivot


The City’s enforcement-first approach didn’t work—and the courts just confirmed that.


Now there’s a path forward:

👉 Permit them

👉 Regulate them

👉 Tax them


And capture the revenue that’s already happening anyway.


But for owners and investors:

Go in with your eyes open.


Because whether you’re operating one unit or scaling a portfolio—


This is a business, not passive income.



 
 
 

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© 2023 by Elaine Kim Commercial Real Estate Adviser

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