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3 - CUP 12-5 (1620 Ocean Avenue)
September 5, 2012 STAFF REPORT To: Honorable Chairwoman and Planning Commission From: Department of Community Development Subject: Conditional Use Permit 12 -5 1520 Ocean Avenue GENERAL DESCRIPTION Applicant: KYE AND ELENA ©STI Owner: KYE AND ELENA GSTI Location: 1620 OCEAN AVENUE Classification of RHD -20 (RESIDENTIAL HIGH DENSITY) Property: Request: FOR A CONDITIONAL USE PERMIT (CUP) TO ALLOW A SHORT - TERM VACATION RENTAL PROPERTY WITHIN THE RESIDENTIAL HIGH DENSITY (RHD -20) ZONE. Environmental Review: THE PROPOSED PROJECT IS CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW, PURSUANT TO CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES, SECTION 15303, NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES. Code Sections: CHAPTERS 11.2.05; 11.$.05.135; AND 11.5.20 OF THE SEAL BEACH MUNICIPAL CODE Recommendation: APPROVE CUP 12 -5, SUBJECT TO CONDITIONS. APPROVAL SHOULD BE THROUGH THE ADOPTION OF PLANNING COMMISSION RESOLUTION 12 -15. Z: \Conditional Use Permits\CUP 12 -5 1620 Ocean Avenue (Vacation Rental)kCUP 12 -5 1620 Ocean Avenue PC Staff Report.doc Planning Commission Staff Report Conditional Use Permit 12-5 1620 Ocean Avenue September 5, 2012 .=I ❑ On July 2, 2012, Kye and Elena Osti ("the applicants") filed an application with the Community Development Department for Conditional Use Permit 12-5 for a short-term vacation rental property at 1620 Ocean Avenue. ❑ The Municipal Code allows short-term vacation rentals within the RHD-20 zone, subject to conditional use permit approval. ❑ In May 2012, the City Council passed an Interim Ordinance amending the terms and conditions of operation for all new and existing short-term vacation rental properties within the City. ❑ The subject property is described as Orange County assessor's parcel # 199- 094-10; is 25'-0" x 100'-0" in size; and comprises 2,500 square feet in area. NORTH: Single and multi-family residences in the Residential High Density (RHD-20) zone. SOUTH: Single and multi-family residences in the Residential High Density (RHD-20) zone. EAST: Single and multi-family residences in the Residential High Density (RHD-20) zone. WEST: Single and multi-family residences in the Residential High Density (RHD-20) zone. ❑ The subject property is a legal, nonconforming, single-story, attached duplex. The property is nonconforming due to density (two units on a lot that would only allow one unit under today's code) and due to lack of adequate off-street parking (no enclosed garage; one uncovered parking space at rear of property abutting alley). ❑ Building permits on file are not explicitly clear as to what was originally constructed on the property but City records show that, with the exception of the roof deck, the property has existed in its current configuration since at least the 1970's and likely longer. The Planning Commission approved the construction of the roof deck in 2007. ❑ The rear unit has operated as a Vacation Rental for approximately five years. ❑ As of August 30, 2012, Staff has received one email in support of the project in response to the hearing notices that were mailed out and published for the proposed project. 0 Planning Commission Staff Report Conditional Use Permit 12-5 1620 Ocean Avenue September 5, 2012 BACKGROUND Vacation rentals are rather common in Southern California beach communities, as they often provide an economical lodging alternative for families or larger groups of people, and generally provide options such as kitchens, recreation areas, and convenient vehicle parking, amenities that are often not provided with traditional hotel or motel accommodations. There are presently twenty-two licensed vacation rental properties within the City. Sixteen of these vacation rental properties are located on the streets closest to the beach — Ocean Avenue and Seal Way. All existing, licensed vacation rental properties began operating as vacation rentals prior to the adoption of Title 11, the Zoning Code. Prior to the adoption of Title 11, the City had no CUP requirement for vacation rentals; only the requirement for a business license and payment of Transient Occupancy Tax ("TOT") for the rental property. Thus, there was previously no mechanism in the Zoning Code to conditionally approve or deny such requests, so long as the property owner applied for a business license and registered to pay TOT. Staff has historically received occasional complaints regarding the operation of some existing vacation rentals in the City and recognized that the proliferation of unregulated vacation rental properties could potentially undermine the residential character of the City's neighborhoods. Some of the potential problems created by vacation rentals are the noise, traffic, parking, and other negative impacts that short term occupancy can have on neighboring residential uses. During the process of adopting Title 11, it was therefore proposed that new vacation rentals be conditionally permitted uses within residential zones. The Planning Commission and City Council approved this requirement as part of the October 11, 2010 adoption of current provisions of Title 11. At that time, Title 11 allowed previously existing, licensed vacation rentals to continue operating without a CUP as legal, nonconforming uses provided they maintained the appropriate business license, and (if operating in a commercial zone) operated only in conjunction with an approved commercial use. As a result of ongoing concerns and issues with some of the licensed and grandfathered vacation rental properties within the City, in May 2012, the City Council adopted an interim ordinance that eliminated the 'grandfathering' provision for those existing vacation rental properties that were previously grandfathered and required that all existing licensed vacation rental properties be required to obtain a CLIP. This specific application is to allow an existing (previously 'grandfathered') short-term vacation rental property (renting for periods less than 30 days) within an existing, attached duplex at 1620 Ocean Avenue. I Planning Commission Staff Report Conditional Use Permit 12-5 1620 Ocean Avenue September 5, 2012 IDISCUSSION Conditional Use Permit for Short-Term Vacation Rental The purpose of requiring a CUP for a particular use is to allow for special consideration to ensure that the use can be designed, located, and operated in a manner that will be compatible with surrounding uses and not interfere with the use and enjoyment of properties in the vicinity. Pursuant to the requirements of the Municipal Code, the Planning Commission can only approve a CUP if it finds, based upon evidence presented at the hearing, that the proposal as submitted, or as modified, conforms to all of the following criteria as well as to any other special findings required for approval of use permits in specific zoning districts: 1 The proposal is consistent with the General Plan and with any other applicable plan adopted by the City Council; 2. The proposed use is allowed within the applicable zoning district with use permit approval and complies with all other applicable provisions of the Municipal Code; 3. The site is physically adequate for the type, density and intensity of use being proposed, including provision of services, and the absence of physical constraints; 4. The location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect uses and properties in the surrounding neighborhood; and 5. The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity of the proposed use. When the City Council passed Interim Ordinance 1619-U in May 2012, specific regulations for short-term vacation rental properties that were previously enumerated within Title 11, were amended to include additional requirements such as: prohibiting vacation rental properties outside of the Old Town area (Planning Area 1 excepting Surfside); check-in and check-out times; certain lease terms; the requirement of an on- site manager for vacation rental properties in excess of two units; etc. Based on the site plan and floor plan submitted by the applicant, staff recommends that occupancy be limited to not more than two total guests for the rear unit at 1620 Ocean Avenue, The front unit at 1620 Ocean Avenue is presently occupied by the applicants/owners and is not part of this application. This CUP would authorize the 4 Planning Commission Staff Report Conditional Use Permit 12-5 1620 Ocean Avenue September 5, 2012 utilization of only the rear unit as a short-term vacation rental. Because the property owners currently live on the premises, staff is less concerned about potential problems from this particular property, as any noise or other disturbances can be quickly addressed by the owners. To date, staff is unaware of any documented noise disturbances or any other adverse impacts that have occurred as a result of the operation of a vacation rental at this address. The vacation rental unit at this property has been in operation for approximately five years. Staff believes that, if the property owner and potential vacation rental tenants continue to abide by all City laws, ordinances, and regulations, the continuation of a vacation rental property at this location would be compatible with the existing development pattern and uses of the surrounding neighborhood. Staff further believes that the recommended conditions of approval will prevent adverse impacts associated with a vacation rental property from occurring, but in the unlikely event that they should occur, the City, through the CUP, has a means of code enforcement LIP to and including possible revocation of the CUP. Based on the foregoing, staff believes that the requisite findings for approving a CUP can be made in this case. 1 The proposal is consistent with the General Plan and Zoning Code, as they allow the proposed use (short-term vacation rental) subject to approval of a Conditional Use Permit. The conditions placed on the subject request will ensure that the use is not likely to create adverse noise and other land use impacts. 2. The site is physically adequate for the type, density and intensity of use being proposed, including provision of services, and the absence of physical constraints, because conditions placed on the subject request will limit the number of guests staying on the premises, set specific quiet hours, and mitigate other potential land use impacts that may be created by short term occupancy. 3. The location, size, design, and operating characteristics of the proposed use would be compatible with and would not adversely affect uses and properties in the surrounding neighborhood because of the conditions placed on its operation. 4. The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity of the proposed use. I Planning Commission Staff Report Conditional Use Permit 12-5 1620 Ocean Avenue September 5, 2012 IRECOMMENDATION: I Staff recommends the Planning Commission, after considering all relevant testimony, written and oral, presented during the public hearing, approve Conditional Use Permit 12-5, subject to conditions as proposed and as may be amended by the Planning Commission. Staff's recommendation is based upon the belief that positive findings can be made for all findings of approval as required by applicable sections of the Zoning Code. For: September 5, 2012 IN W Attachments: (3) Attachment 1: Resolution 12-15, A Resolution of the Planning Commission of the City of Seal Beach, approving Conditional Use Permit 12-5, to allow a short-term vacation rental property, within the Residential High Density (RHD-20) zone at 1620 Ocean Avenue, Seal Beach, Attachment 2: Interim Ordinance Number 1619-U regarding short-term vacation rental properties. • ulart MW 2 Planning Commission Staff Report Conditional Use Permit 12 -5 1620 Ocean Avenue September 5, 2012 ATTACHMENT 1 i i y i y • y � y a . . • � � r � a 7 Planning Commission Staff Report Conditional Use Permit 12-5 1620 Ocean Avenue September 5, 2012 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING COND11-IONAL USE PERMIT TO ALLOW A SHORT-TERM VACATION RENTAL PROPERTY, WITHIN THE RESIDENTIAL HIGH DENSITY (RHD-20) ZONE AT • AVENUE, SEAL BEACH TAE PLANNIRG COMMISSIOR OF THE CITY OF SEAL BEACH DOES HEREBY F1 Section 1. On July 2, 2012, Kye and Elena Osti ("the applicants") filed an application for Conditional Use Permit (CUP) 12-5 with the Department of Community Development. Section 2. The applicants are requesting a CUP for the operation of a short- term vacation rental property within the Residential High Density (RHD-20) zone at 1620 Ocean Avenue, Section 3. Pursuant to 14 Calif. Code of Regs. § 15303, staff has determined as follows: The application for Conditional Use Permit 12-5 for the requested land use entitlement for a proposed short-term vacation rental property is categorically exempt from review pursuant to the California Environmental Quality Act. Section 4. A duly noticed public hearing was held before the Planning Commission on September 5, 2012, to consider the application for Conditional Use Permit No. 12-5. At the public hearing the Planning Commission received written and oral evidence on the proposed project. Section 5. The record of the public hearing of September 5, 2012 indicates the following: a. On July 2, 2012, the applicants filed an application for Conditional Use Permit 12-5 with the Department of Community Development. 8 Planning Commission Staff Report Conditional Use Permit 12-5 1620 Ocean Avenue September 5, 2012 b. The applicants are requesting approval to operate a short-term vacation rental property within the Residential High Density (RHD-20) zone at 1620 Ocean Avenue. C. In May 2012, the City Council passed an Interim Ordinance amending the terms and conditions of operations for all new and existing short-term vacation rental properties within the City. d. The subject property is located within the area commonly known as "Old Town". e. The subject property is described as Orange County assessor's parcel # 199-094-10; is 25'x 100' in size; and comprises 2,500 square feet in area. f. Surrounding land uses and zoning are as follows: NORTH: Single and multi-family residences within the Residential High Density (RHD-20) zone. SOUTH: Single and multi- family residences within the Residential High Density (RHD-20) zone. WEST: Single and multi-family residences within the Residential High Density (RHD-20) zone. EAST: Single and multi-family residences within the Residential High Density (RHD-20) zone. 9. As of August 30, 2012, Staff has received one email in support of the project in response to the public hearing notices that were mailed and published regarding the subject application. Section 6. Based upon the facts contained in the record, including those stated in §5 of this resolution and pursuant to Chapters 11.2.05; 11.4.05.135; and 11.5.20 of the Code of the City of Seal Beach, the Planning Commission makes the following findings: a. CUP No. 12-5, as conditioned, is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a High Density Residential designation for the subject property; b. Conditional Use Permit 12-5 is also consistent with the remaining elements of the City's General Plan, as the policies of those elements are consistent with, and reflected in, the Land Use Element; 9 Planning Commission Staff Report Conditional Use Permit 12-5 1620 Ocean Avenue September 5, 2012 C. The proposed use is permitted within the applicable zoning district, subject to the approval of a Conditional Use Permit, and as proposed to be conditioned, will comply with all other applicable provisions of the Municipal Code; d. The project site is physically adequate for the type, density, and intensity of use being proposed, including the provision of services and the absence of physical constraints; e. The location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect uses and properties in the surrounding neighborhood and; f. The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity of the proposed use. Section 7. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit No. 12-5, subject to the following conditions: 1 Conditional Use Permit 12-5 is approved for the operation of a short-term vacation rental within the Residential High Density (RHD-20) zone at 1620 Ocean Avenue. 2. This Conditional Use Permit is on1v for the rear unit of the duplex structure at 1620 Ocean Avenue. The front (main) unit at 1620 Ocean Avenue is not authorized for use as a short-term vacation rental under this CUP. 3. The applicant shall hereby comply with all requirements enumerated within Interim Ordinance Number 1619-U (for as long as this ordinance is in effect or is superseded by a subsequent ordinance) as well as all requirements of Section 11.4.05.135 of the Seal Beach Municipal Code, regarding short-term vacation rental properties, 4. The property owner must maintain a business license while operating a short- term vacation rental at the subject premises. 5. The property owner must continue to file the Transient Occupancy Tax Remittance form with the City's Department of Finance as long as a vacation rental is operated on the premises and shall pay the Transient Occupancy Tax in accordance with the Seal Beach Municipal Code. 6. Visitor occupancy shall be limited to a maximum stay of 29 consecutive days. H Planning Commission Staff Report Conditional Use Permit 12-5 1620 Ocean Avenue September 5, 2012 7. There shall be no more than a total of two overnight guests in the vacation rental unit. 8. The property owner shall implement and conform to fire and life safety requirements, as required by the Orange County Fire Authority and the City's Building Division. 9. The property owner shall comply with the annual fire and life safety certification procedures of the Orange County Fire Authority. 10. First-day arrival at a vacation rental is prohibited after 9:30 p.m. All lease or rental agreements must include this prohibition. 11. Occupants must vacate the unit before noon on their final day of tenancy. 12. Prior to occupancy of a short-term vacation rental unit, the owner shall: a.) Obtain the name, address, and a copy of a valid government identification of the primary adult occupant of the short-term vacation rental; b.) Require the primary adult occupant to execute a formal acknowledgment 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 acknowledgment must include the text of Section of 7.45.010 of the Seal Beach Municipal Code. This information and acknowledgment shall be maintained by the property owner for a period of three years and shall be readily available upon request of any police officer or authorized employee of the City. 13. Trash and refuse must not be left stored within the 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. 14. 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 be posted in a conspicuous location inside the unit: a. The trash pick-up day and applicable rules and regulations pertaining to leaving or storing trash or refuse on the exterior of the property. b. Notification that the occupant may be cited or fined by the City for any violation of any provision of the Municipal Code, including but not limited to amplified sound, including radios, televisions, and other electronic devices, that create a disturbance in violation of Chapter 7.45 of the Seal Beach Municipal Code. Planning Commission Staff Report Conditional Use Permit 12-5 1620 Ocean Avenue September 5, 2012 c. Notification 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. d. The name of the owner or property manager and a telephone number at which that party may be reached at all times. 15. 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 from the use of the property as a short-term vacation rental. 16. A list shall be posted on the inside wall next to the door of the main entrance to the vacation rental unit indicating the names of all guests and visitors authorized by the property owners to occupy or visit the unit. The list shall be made accessible to any law enforcement official to ascertain who is authorized to be within the premises. 17. Upon any change in ownership of the property, the new property owner(s) are subject to all conditions listed under CUP 12-5, unless the new property owner(s) elect to discontinue the use of the property as a short-term vacation rental. The new property owner(s) shall notify the City of Seal Beach of the ownership change and whether or not they are electing to continue the use as a short-term vacation rental. 18. • trash disposal activities may occur between the hours • 1000 P.M. and 7:00 A.M 19. No business signage shall be allowed on the premises for the short-term vacation rental use. 20. Prior to the occupancy of the first short term vacation tenant, the property owner shall deliver to the owners of the immediately adjacent properties, the telephone number referenced in Condition #16 and a copy of this resolution. 21. The occupants of the property shall comply with Chapter 7.15, "Noise" of the City of Seal Beach Municipal Code, as the regulations of that Chapter now exist or may hereafter be amended. Should complaints be received regarding noise generated by the establishment, the Planning Commission reserves the right to schedule this permit for reconsideration and may require the applicant/business operator to mitigate the noise level to comply with the provisions of Chapter 7.15. 22. If there are substantial adverse impacts on Police Department services and/or in the event that the Police Chief or designee determines that a significant increase in police service has resulted due to the operations of the establishment, the Police Chief or designee at any time may request a public hearing before the 12 Planning Commission Staff Report Conditional Use Permit 12-5 1620 Ocean Avenue September 5, 2012 Planning Commission to modify any of the conditions of approval, up to and including the revocation of this Conditional Use Permit. 23. A modification of this Conditional Use Permit shall be applied for when: a. The property proposes to modify any of its current Conditions of Approval. b. There is a substantial change in the mode or character of operations of the establishment, or a change in the number of bedrooms or significant change to the interior space layout of the unit. 24. This Conditional Use Permit shall become null and void unless exercised within 1 year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request for extension submitted to the Department of Community Development a minimum of 90 days prior to such expiration date. 25. This Conditional Use Permit shall not become effective for any purpose uniess/until a City "Acceptance of Conditions" form has been signed by the applicant in the presence of the Director of Community Development, or notarized and returned to the Planning Division; and until the 10 calendar-day appeal period has elapsed. 26. The applicant shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively "the City" hereinafter) from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of the use permitted hereby or the exercise of the rights granted herein, and any and all claims, lawsuits or actions arising from the granting of or the exercise of the rights permitted by this Conditional Use Permit, and from any and all claims and losses occurring or resulting to any person, firm, corporation or property for damage, injury or death arising out of or connected with the performance of the use permitted hereby. Applicant's obligation to indemnify, defend and hold harmless the City as stated herein shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the City's choice in representing the City in connection with any such claims, losses, lawsuits or actions, expert witness fees, and any award of damages, judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action. 27. Failure to comply with any of the aforementioned conditions may result in the revocation of this Conditional Use Permit. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the day of 1 2012, by the following vote: 13 AYES: Commissioners NOES: Commissioners Mell I If All-V] M IN9 ABSENT: Commissioners Planning Commission Staff Report Conditional Use Permit 12-5 1620 Ocean Avenue September 5, 2012 Sandra Massa-Lavitt P1 Greg Hastings Interim Secretary of the Planning Commission 14 Planning Commission Staff Report Conditional Use Permit 12 -5 1620 Ocean Avenue September 5, 2012 ATTACHMENT 2 INTERIM ORDINANCE NUMBER 1619 -U REGARDING SHORT-TERM VACATION RENTAL PROPERTIES 15 AN INTERIM ORDINANCE OF THE CITY OF SEAL BEACH EXTENDING AND AMENDING ORDINANCE NUMBER 1818 ' )U8pOS/WG INTERIM REGULATIONS ON NEW AND EXISTING SHORT-TERM VACATION RENTALS AND DECLARING THE URSENOYTHEREOF THE CITY COUNCIL OF THE CITY OF SEAL BEACH HEREBY ORDAINS AS Section 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 avooaion rental while this Ordinance is effective except aapermitted by the interim regulations set forth in Section 7of 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. CEI}AJFin8ng The City Council hereby finds that it can be seen with certainty that there is no possibility the adoption uf 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 Cod d 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 S. Penalty. Violation uf any provision of this Ordinance shall constitute a misdemeanor and shall bo punishable fine not to exceed $1.00O 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 (li) 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 C location and proximity to the coast makes it e popular destinatio 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 houoom, condominiume, cooperative apartmenta, triplexes, and duplexes ono fewer than 3O days basis am vacation rental units. h. Based mn experience in the City and in other jurisdictions, it is known that short-term vacation nynbs|a have the potential to create negative land use impacts for neighboring residential uses. These include but are not Ordinance Number 1O1g-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 onthe same property are rented una short-term basis ed the same time and/or tolarge groups. Moreover, because short-term occupants du not stay in the residence for longer periods, they and their guests have |eua personal incentive to moderate their behavior to avoid negatively impacting neighboring residents, C. The City Council previously enacted Section 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 d After the adoption of Ordinance Number 1618-U, the City Community Development Department began 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 nogu|o*inQ vacation rentals in order Vn pevor8 negative impacts on neighboring omiderko. Given the time required to undertake the study and planning this edua1|nn 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 ho protect the public health, safety, orwelfare. e Accordingly, the City Council finds that there isacurrent and immediate th 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. t All legal prerequisites |othe adoption of. this Ordinance have Section 7. Interim Regulations. Notwithstanding other ordinanc or provision of the Municipal Code of the Chyof 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 conditibnal use permit C'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. C. Business License Required. The property owner must obtain a business license prior Uo 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 v000Unn von8y| and ohoU pay the Transient Occupancy Tax in accordance with the Seal Beach Municipal Code. a. Visitor occupancy shall belimited Uoa maximum of29 consecutive days. -- [ The property owner shall implement d conform to fire and life safety naqimmont 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 Insgection. 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 o vacation non1u| is prohibited after 9:80 p.m. All |am/e or nyntn| agreements must include this prohibition. /. . Vacation renters must vacate the unit before noon un the final day of their tenancy. h. Renter Information and Acknowledgement, Prior 10 -- occupancy nfashort-term vacation rental unit, the owner shall: (i) obtain the nome, oddnaoa, and 000py ofavalid government identification of the primary adult occupant of the short-term vacation rental; and (N) require the primary adult occupant 0o execute a honnu| acknowledgement that he or she is legally responsible for nomp|ksnoo with all applicable laws, m|oa and regulations pertaining to the use and occupancy of the short-tennvooutiom rental by all occupants of the short-term vacation rental or their guests. The acknowledgement must include the text of Section 745.010 of the Municipal Code, which provides uofollows: "Upon the initial 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; providad, huwover, that in no event shall a person's liability hereunder axomod $1.000 for any single subsequent response." This information and acknowledgment ahu| be maintained by the owner fora period of three years and ohd| be readily available upon request of any -- police officer ur employee cf the city authorized io enforce this Ordinance oruny applicable /ew, rule or mgu|o8|un 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 mpor 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 u short-term vacation rental must have ocopy of these Permit and Operational Requirements attached tuitand must include the following 1onnm' notifications and disclosures, which shall also be posted in a conspicuous location inside the unit: L The trash pick-up day and applicable rules and regulations pertaining to leaving or storing trash or refuse on the exterior of the property. H. Notification that the occupant may be cited m fined by the City for violation of any provision of the Municipal Code, including but not limited to amplified mound, including radios, televisions and other electronic — devinoa, that creates a noise disturbance in violation of Chapter 7.45 of the Seat –1 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 of1O:OOp.m. and 7:O0a.m. iv. The name of the owner or property manager and telephone number at which that party may be reached at all times. n. Response to Complaints. The property owne 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. 0. On-Site Property Owner or PropertV Manager Required fo 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 property owner or property manager shall bm responsible hx 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. . a. In order to continue renting any unit as o vacation rental, the -- property owner oiany existing, licensed vacation rentals shall file an application for uconditional use permit on or before July 0. 2012. For the purpose of this ordinance, ^|ioenaed^ shall mean a vacation rental aoto which 000f January 1' 2010. the property owner had and, thereafter, has continuously i tai d valid business license, and has registered to pay the Transient Occupancy Tax, and has paid such tax infull 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 |fkeorshe supplied to the City proof ofo 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 6,2O12, any property owner may request from the City Council an exemption from, or extension of the terms and provisions of this mdinanoe, in order to amortize the property owners 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 vacation rental unit orobtains o CUP to permit such use' and all -- supporting evidence. The owner shall bear the burden of proof. The City Council uhuU consider the request at a public hearing and may consider the following: (0 the length of the proposed abatement period in relation to the owner's investment in the use of the property as awan,gion rental; (i0 the length nf time the vacation rental was operating prior bothe date of nonconformity; and (i|i) the potential harm to the public if the unit or units are rented ono short term basis after July G.2O12. The decision of the City Council shall bofinal. ' Section 9. Severability. K any section, subsection, aubdivision, paragraph, sentence, clause ur phrase o( this ordinance ov 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 ofthe City ofSeal Beach hereby declares that it would have passed each section, subsection, aubdiviuion, pamgmph, oentence, dyuom or phrase hmnoof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases ba declared invalid. Section 10, The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same masummary thereof to be published and posted in the manner required bylaw. Ordinance Number 1619-U PASSED, APPROVED AND ADOPTED by the City Council of the City o[Seal Beach a1a meeting thereof held on the _ 1Nth L day cf May 2U12. ATTEST: ` ` STATE OFCALIFORNIA ) QOUNTYOFORAN8E )SS CITYOFSEALBEACH Quinn M. Barrow, City Attorney 1, Linda Devine, City Clerk of the City of Seal Beach, California, dohereby certify that the foregoing ordinance is an original copy of Urgency Ordinance Number _1619-U on @o in the office of the City Clerk, paeood, approved and adopted by the City Council of the City ofSeal Baooh, pursuant to the City Charter and Government Code §36907(b)./ga meeting held onthe 14th_ day nf Mgy L,2D12 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members . ,\fJn1'-1 ABSTAIN: Council Members and do hereby further certify that Urgency OrdinanceNumber 1619-U_hambeem published pursuant to the Seal Beach City Charter and Resolution Number 2836. Planning Commission Staff Report Conditional Use Permit 12-5 1620 Ocean Avenue September 5, 2012 V