HomeMy WebLinkAboutCC Ord 1619-U 2012-05-29 ORDINANCE NUMBER 1619-U
AN INTERIM ORDINANCE OF THE CITY OF SEAL BEACH
EXTENDING AND AMENDING ORDINANCE NUMBER 1618
IMPOSING INTERIM REGULATIONS ON NEW AND EXISTING
SHORT-TERM VACATION RENTALS AND DECLARING THE
URGENCY THEREOF
THE CITY COUNCIL OF THE CITY OF SEAL BEACH HEREBY ORDAINS AS
FOLLOWS:
Section 1. Ordinance Number 1618-U. On April 9, 2012, the Seal
Beach City Council adopted Ordinance Number 1618-U, imposing new interim
regulations on new and existing vacation rentals. This Ordinance extends and
amends the interim regulations for new and existing vacation rentals established
by Ordinance Number 1618-U.
Section 2. Interim Regulations. 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 7 of this Ordinance.
Section 3. Term. This Ordinance shall expire, and the interim
regulations established hereby shall terminate 10 months and 15 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 4. 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 thereby, will have a significant effect on
the environment. The ordinance 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 5. 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. It shall be a violation
of this Ordinance for a property owner to permit or fail to correct within 3 days of
receiving notice: (i) any violation by a vacation renter of this Ordinance or
Chapter 7.15 of the Municipal Code (Noise) or (ii) any public nuisance created by
a vacation renter in violation of Chapter 7.35 of the Municipal Code.
Section 6. Legislative Findings. On May 12, 2012, the City Council
considered the adoption of this Ordinance at a duly noticed public hearing 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
Ordinance Number 1619-U
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 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. After the adoption of Ordinance Number 1618-U, the City
Community Development Department began to study 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 7. 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 7. 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. Conditional Use Permit Required. No vacation rentals shall
operate or be established unless the property owner obtains a conditional use
permit ("CUP") in compliance with Chapter 11.5.20 of the Municipal Code. To
mitigate the impacts of such rentals on the surrounding neighborhood and City
infrastructure and services, the City may impose reasonable conditions of
approval including but not limited to maximum occupancy levels, maximum visitor
levels, off-street parking requirements and traffic mitigation measures.
b. Limited to Old Town. Vacation rentals are conditionally
permitted only in Old Town (Planning Area 1 excepting Surfside). Vacation
rentals are prohibited in all other Planning Areas, including but not limited to the
areas commonly referred to as the Hill, Leisure World, College Park East, and
College Park West.
Ordinance Number 1619-U
c. Business License Required. The property owner must
obtain a business license prior to operating or establishing a vacation rental.
d. Transient Occupancy Tax. The property owner must
complete the Transient Occupancy Tax Remittance form prior to operating or
establishing a vacation rental and shall pay the Transient Occupancy Tax in
accordance with the Seal Beach Municipal Code.
e. Maximum Length of Stay. Visitor occupancy shall be limited
llto a maximum of 29 consecutive days.
f. Fire and Life Safety. The property owner shall implement
and conform to fire and life safety requirements required by the Orange County
Fire Authority and the City's Building Division. 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.
g. Annual Inspection. The property owner shall comply with the
annual fire and life safety certification procedures of the Orange County Fire
Authority.
h. Secondary Use. A vacation rental in commercial zones shall
be conditionally allowed only in conjunction with an approved commercial use.
i. 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.
j. Check-out Time. Vacation renters must vacate the unit
before noon on the final day of their tenancy.
k. 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 with all applicable laws, rules and regulations
pertaining to the use and occupancy of the short-term vacation rental by all
occupants of the short-term vacation rental or their guests. 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
Ordinance Number 1619-U
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."
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.
I. 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.
m. 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:
i. The trash pick-up day and applicable rules and
regulations pertaining to leaving or storing trash or refuse on the exterior of the
property.
ii. 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.
iii. 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.
iv. The name of the owner or property manager and a
telephone number at which that party may be reached at all times.
n. 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.
o. On-Site Property Owner or Property Manager Required for
Vacation Rentals In Excess of 2 Units. A property owner or property manager
shall reside on each site that contains more than 2 vacation rental units. Such
• Ordinance Number 1619-U
property owner or property manager shall be responsible for compliance with the
operational and performance standards set forth in this Ordinance.
p. 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.
Section 8. Abatement and Amortization: Licensed Vacation Rentals.
a. In order to continue renting any unit as a vacation rental, the
property owner of any existing, licensed vacation rentals shall file an application
for a conditional use permit on or before July 6, 2012. For the purpose of this
ordinance, "licensed" shall mean a vacation rental as to which as of January 1,
2010, the property owner had and, thereafter, has continuously maintained a
valid business license, and has registered to pay the Transient Occupancy Tax,
and has paid such tax in full compliance with the Title 4: Revenue and Finance,
Chapter 4.35: Transient Occupancy Tax of the Municipal Code.
b. Interim Ordinance Number 1618-U provided an opportunity for each
property owner of an existing, licensed vacation rental to continue renting
vacation rentals if he or she supplied to the City proof of a rental agreement for
use of a vacation rental unit after the effective date of that Ordinance, subject to
certain provisions contained therein. The City did not receive any such proof
either within the prescribed time, or as of May 3, 2012.
c. On or before July 6, 2012, any property owner may request from
the City Council an exemption from, or extension of the terms and provisions of
this ordinance, in order to amortize the property owner's investment. Such
request must be made in writing setting forth the reasons for the request, a
proposed abatement period after which the owner either ceases renting any unit
for use of a vacation rental unit or obtains a CUP to permit such use, 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 proposed 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 unit or units are rented on a short term
basis after July 6, 2012. The decision of the City Council shall be final.
Section 9. 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 10. 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.
(Intentionally Left Blank)
Ordinance Number 1619-U
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach at a meeting thereof held on the 14th day of May 2012.
il■,.}49
- ...,,,
ayor
1g( 'V116
ATTEST: -Jo 0-4 - o °•PROVED AS TO FORM
/
c� �Cpl
Ai �, . ;,
.te. j ,
Cit Clerk Quinn M. Barrow, City Attorney
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
1619-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 14th day of May , 2012
by the following vote:
AYES: Council Members ► d ' // V1�ak •
�Q
I
NOES: Council Members / )7)Q
ABSENT: Council MembersDY1
ABSTAIN: Council Members , ,o
and do hereby further certify that Urgency Ordinance Number 1619-U has been
published pursuant to the Seal Beach City Charter and Resolution Number 2836.
A
'Al
ity Jerk