HomeMy WebLinkAboutCC Ord 1618-U 2012-04-09 ORDINANCE NUMBER 1618-U
AN INTERIM ORDINANCE OF THE CITY OF SEAL BEACH
IMPOSING NEW INTERIM REGULATIONS ON NEW AND
EXISTING VACATION RENTALS AND DECLARING THE
URGENCY THEREOF
THE CITY COUNCIL OF THE CITY OF SEAL BEACH HEREBY ORDAINS AS
FOLLOWS:
Section 1. Interim Regulations Established. Notwithstanding any other
ordinance or provision of the Municipal Code, no property shall be used as a
vacation rental while this Ordinance is effective except as permitted by the
interim regulations set forth in Section 6 of this Ordinance.
Section 2. Term. This Ordinance shall expire, and the interim
regulations established hereby shall terminate 45 days after the date of its
adoption unless extended by the City Council at a regularly noticed public
hearing pursuant to California Government Code Section 65858.
Section 3. CEQA Finding. The City Council hereby finds that it can be
seen with certainty that there is no possibility the adoption of this Ordinance, and
establishment of the interim regulations hereby, will have a significant effect on
the environment, because the moratorium imposes greater limitations on
vacation rentals in the City than the limitations currently required under the
Municipal Code, and will thereby serve to reduce potential significant adverse
environmental impacts. It is therefore exempt from California Environmental
Quality Act review pursuant to Title 14, Section 15061(b)(3) of the California
Code of Regulations.
Section 4. Penalty. Violation of any provision of this Ordinance shall
constitute a misdemeanor and shall be punishable by a fine not to exceed $1,000
or by imprisonment for a period not to exceed 6 months, or by both such fine and
imprisonment. Each and every day such a violation exists shall constitute a
separate and distinct violation of this Ordinance. In addition to the foregoing, any
violation of this Ordinance shall constitute a public nuisance and shall be subject
to abatement as provided by all applicable provisions of law.
Section 5. Legislative Findings. On April 9, 2012, the City Council
considered the adoption of this Ordinance at a duly noticed public meeting and
on the basis of the record thereof finds the following facts to be true.
a. The City's location and proximity to the coast makes it a
popular destination for tourists, many of whom choose to stay in residential units
such as, but not limited to, single-family and multiple-family dwelling units,
apartment houses, condominiums, cooperative apartments, triplexes, and
duplexes on a fewer than 30 days basis as vacation rental units.
b. Based on experience in the City and in other jurisdictions, it
is known that short-term vacation rentals have the potential to create negative
land use impacts for neighboring residential uses. These include but are not
limited to noise disturbances due to late night arrivals and parties with numerous
guests and amplified music, insufficient parking, and unsanitary and unsightly
trash accumulation. These problems are exacerbated when multiple units on the
same property are rented on a short-term basis at the same time and/or to large
groups. Moreover, because short-term occupants do not stay in the residence
for longer periods, they and their guests have less personal incentive to
moderate their behavior to avoid negatively impacting neighboring residents.
c. The City Council previously enacted Section 11.4.05.135 of
the Municipal Code, which requires vacation rentals to obtain a conditional use
Ordinance Number 1618-U
permit ("CUP") and meet certain minimum operational standards.
Notwithstanding enactment of Section 11.4.05.135, some vacation rentals in the
City have continued to negatively impact neighboring residents.
d. The City intends to study, within a reasonable time, the
adequacy of its existing ordinances regulating vacation rentals. The Planning
Commission, the City Council and the people of Seal Beach require a
reasonable, limited, yet sufficient period of time to consider and study legally
appropriate and reasonable policies regulating vacation rentals in order to
prevent negative impacts on neighboring residents. Given the time required to
undertake the study and planning this situation calls for, the City Council finds
that it is necessary to enact interim regulations to ensure that operation of
vacation rentals that may be in conflict with the contemplated new development
policies are not permitted in the interim. The City Council has the authority to
adopt an interim ordinance pursuant to the City Charter and Government Code
Section 65858 in order to protect the public health, safety, or welfare.
e. Accordingly, the City Council finds that there is a current and
immediate threat to the public health, safety and welfare presented by operation
of vacation rentals not in conformance with the interim regulations set forth below
in Section 6. The summer rental season is rapidly approaching and the
operation of vacation rentals pursuant to the City's existing regulations will result
in that threat to the public welfare unless the interim regulations are immediately
effective. Due to the foregoing circumstances, it is necessary for the
preservation of the public health, safety and welfare for this Ordinance to take
effect immediately. This Ordinance is an urgency ordinance for the immediate
preservation of the public peace, health, and safety within the meaning of
Government Code Section 36937(b) and therefore shall be passed immediately
upon its introduction and shall become effective immediately upon its adoption.
f. All legal prerequisites to the adoption of this Ordinance have
occurred.
Section 6. Interim Regulations. Notwithstanding any other ordinance or
provision of the Municipal Code of the City of Seal Beach, vacation rentals must
comply with the following interim regulations.
a. Permit and Operational Requirements. The approval and
operation of a vacation rental shall be subject to the following requirements:
Conditional Use Permit Required. The establishment
and operation of a vacation rental in the RLD-9 and RHD-20 Districts shall
require the approval of a Conditional Use Permit in compliance with Chapter
11.5.20 of the Municipal Code.
ii. Maximum Number of Units Without a Conditional Use
Permit. No more than 2 vacation rental units shall be allowed on any single
parcel unless the property owner obtains a conditional use permit ("CUP") to
exceed the maximum number. The City shall not issue a CUP to allow any
parcel to contain more than 2 vacation rental units unless at least one of the non-
vacation rental units is occupied by either the property owner or a property
manager responsible for compliance with the operational and performance
standards set forth in this Section.
iii. Business License Required. A Business License is
required
for the establishment and operation of a vacation rental.
iv. Transient Occupancy Tax. The Transient Occupancy
Tax Remittance form shall be completed, and the owner or manager shall pay
the Transient Occupancy Tax.
Ordinance Number 1618-U
v. Maximum Length of Stay. Visitor occupancy shall be
limited to a maximum of 29 consecutive days.
vi. Fire and Life Safety. Fire and life safety requirements
as required by the Fire Authority and the Building Department shall be
implemented. These requirements include, but are not limited to approved
smoke detectors in each lodging room, installation of an approved fire
extinguisher in the structure, and the inclusion of an evacuation plan posted in
each lodging room.
vii. Annual Inspection. Each vacation rental shall comply
with the annual fire and life safety certification procedures of the Orange County
Fire Authority. ,
viii. Secondary Use. A vacation rental in the Commercial
Zone shall be allowed only in conjunction with an approved commercial use.
ix. Check-in Time. First-day arrival at a vacation rental is
prohibited after 9:30 p.m. All lease or rental agreements must include this
prohibition.
x. Check-out Time. Vacation renters must vacate the
unit before noon on the final day of their tenancy.
xi. Renter Information and Acknowledgement. Prior to
occupancy of a short-term vacation rental unit, the owner shall: (i) obtain the
name, address, and a copy of a valid government identification of the primary
adult occupant of the short-term vacation rental; and (ii) require the primary adult
occupant to execute a formal acknowledgement that he or she is legally
responsible for compliance of all occupants of the short-term vacation rental or
their guests with all applicable laws, rules and regulations pertaining to the use
and occupancy of the short-term vacation rental. The acknowledgement must
include the text of Section 7.45.010 of the Municipal Code, which provides as
follows:
"Upon the initial response of the police department to any
disturbance involving loud, unnecessary and unusual noise, the
chief of police may, in lieu of or in addition to taking other action
authorized by law, give notice to the person or persons in actual or
apparent control of the activity creating the disturbance, or to the
person or persons in actual or apparent control of the property or
premises wherein the disturbance has occurred, or both, that
liability may be imposed upon the person or persons receiving such
notice for the costs to the city of any subsequent response by the
police department in connection with any continuation or
resumption of such disturbance. Such notification shall be in such
form as may be approved by the chief of police. The costs of any
subsequent response shall be assessed to the person or persons
receiving such notice and shall include all costs reasonably
incurred by the city in providing law enforcement services and
equipment at the scene of the disturbance, including the cost or
value of the time expended by police department personnel in
making any subsequent response. The method of computing such
costs shall be established by the chief of police and approved by
the city council. The finance department shall invoice such costs to
the person or persons liable therefor under this chapter, and such
costs shall constitute a debt to the city and be collectible by the city
in the same manner as in the case of an obligation under a
contract; provided, however, that in no event shall a person's
liability hereunder exceed $1,000 for any single subsequent
response."
Ordinance Number 1618-U
This information and acknowledgment shall be maintained by the owner
for a period of three years and shall be readily available upon request of any
police officer or employee of the city authorized to enforce this Ordinance or any
applicable law, rule or regulation pertaining to the use and occupancy of the
short-term vacation rental.
xii. Trash. Trash and refuse must not be left 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. The owner or
property manager must provide sufficient trash collection containers and service
to meet the demand of the occupants.
xiii. Lease Terms: Each new lease or rental agreement
for a short-term vacation rental must have a copy of these Permit and
Operational Requirements attached to it and must include the following terms,
notifications and disclosures, which shall also be posted in a conspicuous
location inside the unit:
1. The trash pick-up day and applicable rules and
regulations pertaining to leaving or storing trash or refuse on the exterior of the
property.
2. Notification that the occupant may be cited or
fined by the City for violation of any provision of the Municipal Code, including but
not limited to amplified sound, including radios, televisions and other electronic
devices, that creates a noise disturbance in violation of Chapter 7.45 of the Seal
Beach Municipal Code.
3. A recommendation that the occupant
participate voluntarily in neighborhood quiet hours by avoiding parties and loud
social events between the hours of 10:00 p.m. and 7:00 a.m.
4. The name of the owner or property manager
and a telephone number at which that party may be reached at all times.
xiv. Response to Complaints. The property owner or
manager must provide the City with a phone number at which he or she can be
contacted on a 24-hour basis regarding nuisance complaints arising at of from
the use of the property as a vacation rental. Upon receipt of a nuisance
complaint or upon notification that any occupant or guest of the short-term
vacation rental has created unreasonable noise or disturbances, engaged in
disorderly conduct, or committed violations of the Municipal Code or any state
law, the owner or property manager must respond within 45 minutes of receiving
such notification and must promptly take corrective action to immediately prevent
a recurrence of such conduct by those occupants or guests. Failure to timely
respond to calls or complaints as required or take timely corrective action
regarding the condition, operation, or conduct of occupants of the short-term
vacation rental shall be a violation of this Ordinance. Nothing in this Ordinance
shall be construed to require or authorize an owner or property manager to act as
a peace officer or to intervene in situations that pose a risk to personal safety.
The owner or property manager must maintain records of the name, violation,
date, and time of each complaint, disturbance, and response and corrective
action by owner. Such records must be maintained for at least three years.
xv. Additional Conditions. Additional conditions on the
use of any given short term vacation rental unit to ensure that any potential
secondary effects unique to the subject vacation rental unit are avoided or
adequately mitigated may be imposed pursuant to any CUP required by this
Ordinance.
b. Licensed Vacation Rentals. Any existing, licensed vacation
rentals shall be allowed to continue as a legal, nonconforming use provided it
Ordinance Number 1618-U
complies with the requirements set forth in subsection a(ii) through subsection
a(xiv), above. For the purpose of this subsection, "licensed" shall mean a
vacation rental which as of January 1, 2010, had and has continuously had a
valid business license and has registered to pay the Transient Occupancy Tax
pursuant to Title 4: Revenue and Finance, Chapter 4.35: Transient Occupancy
Tax of the Municipal Code.
Section 7. Abatement and Amortization — Vacation Rental Units in
Excess of Numerical Limit. Upon the effective date of this Ordinance, no
property may have more than 2 vacation rental units. Notwithstanding the
preceding sentence, if the owner supplies to the City proof of a rental agreement
fully executed as of April 9, 2012 for use of a vacation rental unit after the
effective date of this Ordinance, that unit may continue to be used as a vacation
rental unit until termination of the previously existing agreement. Such proof
must be supplied to the City no later than April 16, 2012. In no event shall a
nonconforming vacation rental continue operating after September 1, 2012. The
owner of the property may request an extension from the City Council of the
abatement period in order to amortize the property owner's investment. Such
request must be made in writing setting forth the length of the requested
extension of the abatement period and any and all supporting evidence. The
owner shall bear the burden of proof. The City Council shall consider the request
at a public hearing and may consider the following: (i) the length of the
abatement period in relation to the owner's investment in the use of the property
as a vacation rental; (ii) the length of time the vacation rental was operating prior
to the date of nonconformity; and (iii) the potential harm to the public if the use
remains beyond the abatement period. The decision of the City Council shall be
final.
Section 8. Severability. If any section, subsection, subdivision,
paragraph, sentence, clause or phrase of this ordinance or any part thereof is for
any reason held to be invalid, such invalidity shall not affect the validity of the
remaining portions of this ordinance or any part hereof. The City Council of the
City of Seal Beach hereby declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, clause or phrase hereof,
irrespective of the fact that any one or more sections, subsections, subdivisions,
paragraphs, sentences, clauses or phrases be declared invalid.
Section 9. The City Clerk shall certify to the passage and adoption of
this Ordinance and shall cause the same or a summary thereof to be published
and posted in the manner required by law.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach at a meeting thereof held on the 9th day of April , 2012.
1
Mayor
0 cL-;
I,fR �fA 27 19�y ,
'
CnUNr
ATTEST: APPROVED AS TO FORM
(04/4.t.
4i, L141/14-il Cd22 e4///414/1
City Clerk Quinn M. Barrow, City Attorney
Ordinance Number 1618-U
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify
that the foregoing ordinance is an original copy of Urgency Ordinance Number
1597-U on file in the office of the City Clerk, passed, approved and adopted by the
City Council of the City of Seal Beach, pursuant to the City Charter and
Government Code § 36967(b), at a meeting held on the 9th day of April , 2012
by the following vote:
AYES: Council Members )/„( � � X t Aemb/ a
NOES: Council Members " l
ABSENT: Council Members 1 C197/i
ABSTAIN: Council Members i)lit7Lf
and do hereby further certify that Urgency Ordinance Number 1618-U has been
published pursuant to the Seal Beach City Charter and Resolution Number 2836.
/
/ V /i
it Clerk