Loading...
HomeMy WebLinkAbout5 - CUP 12-2; MUP 12-4July 18, 2012 To: Honorable Chairwoman and Planning Commission From: Department of Community Development Subject: Conditional Use Permit 12 -2; Minor Use Permit 12 -4 12514 th Street GENERAL DESCRIPTION nY�(;%e!'RfR3�E '; N4!! R�' Nu' 14' ?3" 3�aKf�wPY /�.k'YSLLCaslf.ti;IR:!e5d'YAM3 n`.P:'r ^W.SY SiI':Y Yh'V'AY9At�r *•RkEF. Applicant: RALPH BAKKER Owner: FRANK BAKKER Location: 12514 TH STREET Classification of RHD -20 (RESIDENTIAL HIGH DENSITY) Property: Request: FOR A CONDITIONAL USE PERMIT (CUP) TO ALLOW A SHORT - TERM VACATION RENTAL PROPERTY; AND A MINOR USE PERMIT (MUP) TO ALLOW A PORCH ADDITION AND RECONFIGURATION OF INTERIOR WALLS TO AN EXISTING, NONCONFORMING 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; 11.4.05.135; 11.4.40.015 AND 11.5.20 OF THE SEAL BEACH MUNICIPAL CODE Recommendation: APPROVE CUP 12 -2 AND MUP 12 -4, SUBJECT TO CONDITIONS. APPROVAL SHOULD BE THROUGH THE ADOPTION OF PLANNING COMMISSION RESOLUTIONS 12 -11 (CUP) AND 12 -12 (MUP). ZAConditional Use Permits \CUP 12 -2; MUP 12 -4 125 14th Street \CUP 12 -2; MUP 12 -4 125 14th Street PC Staff Report.doc Planning Commission Staff Report Conditional Use Permit 12 -2; Minor Use Permit 12 -4 125 14' Street July 18, 2012 7d," �' F. `AiY;�CS:,�CPSa4�ta1'�r4ki'i�W" 'A" „ ^hd ❑ On June 13, 2012, Ralph Bakker ( "the applicant ") filed an application with the Department of Community Development for Conditional Use Permit 12 -2 for a short -term vacation rental property and Minor Use Permit 12 -4 for a porch addition and reconfiguration of interior walls to an existing, nonconforming property at 125 14th Street. ❑ The property is nonconforming due to substandard front and rear setbacks, inadequate off - street parking, and exceeding the allowable density- two existing dwelling units on a lot where only one would be allowed per the current zoning code. ❑ 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- 081-03; is 25' -0" x 117' -6" in size; and comprises approximately 2,937 square feet in area. ❑ The surrounding land use and zoning are as follows: 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 presently developed with a two -story, three bedroom main dwelling towards the front of the property, and a detached, two car garage with a one bedroom unit above the garage in the rear. ❑ Due to the nonconforming rear yard setback, there is not adequate space to park an automobile within the area between the garage and the rear property line. ❑ As of July 12, 2012, Staff has received no correspondence in response to the hearing notices that were mailed out and published for the proposed project. 2 Planning Commission Staff Report Conditional Use Permit 12 -2; Minor Use Permit 12 -4 125 14th Street July 18, 2012 i BACKGROU�ND 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 other uses; particularly 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 adoption of current provisions of Title 11, effective January 1, 2011. 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. All new vacation rentals licensed after January 1, 2011 were required to obtain a CUP. 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 licensed vacation rental properties that had legally existed prior to January 2011, be required to obtain a CUP. This specific application is to allow a new short-term vacation rental property (renting for periods less than 30 days) within an existing duplex at 125 14th Street. 3 Planning Commission Staff Report Conditional Use Permit 12 -2; Minor Use Permit 12 -4 125 14' Street July 18, 2012 DISCUSSION 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: 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 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 guests per bedroom for the main house. No floor plan was submitted for the detached, one - bedroom rear unit, however, and based on the fact that there is only one bedroom, staff is recommending a maximum of two Planning Commission Staff Report Conditional Use Permit 12 -2; Minor Use Permit 12 -4 125 14 ' Street July 18, 2012 occupants total for this unit. Staff also recommends that the garage be kept free and clear of any obstructions that would prevent the occupants' automobiles from utilizing the garage for parking at all times. This CUP would authorize the utilization of one or both existing dwelling units on the property as short -term vacation rental units. Staff has no reason to believe that, if the property owner and potential vacation rental tenants abide by all City laws, ordinances, and regulations, the establishment of a vacation rental property at this location would not 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 up 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. Minor Use Permit for Porch Addition and Interior Wall Configuration Title 11, Section 11.4.40.015B of the Seal Beach Municipal Code sets forth development standards for Minor Improvements to Nonconforming Residential Structures and specifies the requirement of a Minor Use Permit approval by the Planning Commission for the addition of porches and structural alteration to less than 50% of the structure's interior walls. 5 Planning Commission Staff Report Conditional Use Permit 12 -2; Minor Use Permit 12 -4 125 14"' Street July 18, 2012 The property currently has substandard front yard and rear yard setbacks, as well as being over - density for the lot area and not providing adequate off - street parking. As such, the property is considered nonconforming. The existing rear yard setback is approximately 6' -0" from the rear property line (9' -0" is the minimum standard and the existing front yard setback is approximately 8' -6" (a 12' -0" average setback is the minimum standard for multi -story structures). Additionally, today's code would require a minimum of two enclosed parking spaces for each individual dwelling unit (a total of 4 enclosed spaces for the existing units) and would only allow one dwelling unit on the subject lot, based on total lot area. The Code does not allow the expansion of habitable area (enclosed square footage) of nonconforming residential properties, with the exception r of those alterations and improvements provided for in Section 11.4.40 of the Municipal Code. As proposed, the reconfiguration of the interior walls would not result in any expansion of habitable floor area and while reconfiguring the main entry from the side to the front of the house would add approximately 19 square feet of area, the applicant is proposing a corresponding amount of area to be removed from one of the master bedrooms and be utilized as a portion of an exterior balcony, resulting in no net increase of habitable floor area. Section 11.2.05.015.1 of the Zoning Code defines allowable projections for residential properties. Open, uncovered stair landings, decks, and balconies 12 feet or less in length and less than 6 feet above grade may not be located within 3 feet from the side lot line, nor project more than 3 feet into the minimum front setback, or 6 feet into the rear setback in any residential area. The proposed plans show a ground floor patio /deck projection in the front that complies with the setback requirements, but has a solid roof cover that does not comply. Staff suggests that any roof or eave projection over this front porch /deck area be limited to a maximum of 2 feet from the front structural wall, similar to what presently exists. Additionally, due to the existing, substandard front setback, staff suggests that the second floor front balcony also not project more than 2 feet beyond the front wall of the structure. The interior wall reconfiguration is relatively minor and while it will ultimately result in the creation of a new bathroom upstairs, the number of bathrooms will not exceed the number of bedrooms and the percentage of interior walls being reconfigured is less than the maximum 25% allowed through a minor use permit. The subject property is located in a developed, single and multiple family residential area; on a relatively flat lot. Staff believes that the proposed porch and balcony addition and interior wall reconfiguration will not have any significant adverse impacts to adjacent properties relative to views or open space, will result in significantly improved architectural aesthetics, and will provide additional open space and useable outdoor area on the lot, without an expansion of square footage or habitable area. I Planning Commission Staff Report Conditional Use Permit 12 -2, Minor Use Permit 12 -4 125 14th Street July 18, 2012 It is the opinion of staff that the proposed interior wall reconfiguration and porch /deck and balcony addition, as conditioned, conforms to the provisions of Section 11.4.40.0158 of the City's Municipal Code. As of July 12, 2012, staff has not received any responses to the public notices that were mailed and published for the hearing on CUP 12 -2 and MUP 12 -4. 'N.�%'iC`1R "'d:i�RNa 4! 8".: �! 61n. �° INY .N✓.RnkH'0dT'?M�L'�d1'W456�'46 i'AB4w"iE^: AF S. Staff recommends the Planning Commission, after considering all relevant testimony, written and oral, presented during the public hearing, approve Conditional Use Permit 12 -2 and Minor Use Permit 12 -4, 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: July 18, 2012 �ro1 e ivera, AICP Se 'or lanner, Department of Community Development Attachments: (4) Attachment 1: Resolution 12 -11, A Resolution of the Planning Commission of the City of Seal Beach, approving Conditional Use Permit 12 -2, for the establishment of a short -term vacation rental property, within the Residential High Density Zone (RHD -20) at 125 14th Street, Seal Beach. Attachment 2: Resolution 12 -12, A Resolution of the Planning Commission of the City of Seal Beach, approving Minor Use Permit 12 -4 to allow a porch /deck addition and interior wall reconfiguration to an existing, nonconforming residential property at 125 14th Street, Seal Beach. Attachment 3: Ordinance Number 1619 -U regarding short -term vacation rental properties. Attachment 4: Project Plans 7 Planning Commission Staff Report Conditional Use Permit 12 -2; Minor Use Permit 12 -4 12514 th Street July 18, 2012 RESOLUTION NUMBER 12 -11, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT NO. 12 -2, FOR THE ESTABLISHMENT OF A SHORT -TERM VACATION RENTAL PROPERTY, WITHIN THE RESIDENTIAL HIGH DENSITY ZONE (RHD -20) AT 125 14T" STREET, SEAL BEACH. 8 Planning Commission Staff Report Conditional Use Permit 12 -2; Minor Use Permit 12 -4 12514 th Street July 18, 2012 ,RESOLUTION NUMBER 12 -11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 12 -2, FOR THE ESTABLISHMENT OF A SHORT -TERM VACATION RENTAL PROPERTY, WITHIN THE RESIDENTIAL HIGH DENSITY (RHD -20) ZONE AT 12514 TH STREET, SEAL BEACH THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On June 13, 2012, Ralph Bakker ( "the applicant ") filed an application for Conditional Use Permit (CUP) 12 -2 with the Department of Community Development. Section 2. The applicant is requesting a CUP for the establishment of a short- term vacation rental property within the Residential High Density (RHD -20) zone at 125 14th Street. Section 3. Pursuant to 14 Calif. Code of Regs. § 15303, staff has determined as follows: The application for Conditional Use Permit 12 -2 for the requested land use entitlements 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 July 18, 2012, to consider the application for Conditional Use Permit No. 12 -2. 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 July 18, 2012 indicates the following: a. On June 13, 2012, the applicant filed an application for Conditional Use Permit 12 -2 with the Department of Community Development. . b. The applicant is requesting approval to establish a short-term vacation rental property within the Residential High Density (RHD -20) zone at 125 14th Street. I Planning Commission Staff Report Conditional Use Permit 12 -2; Minor Use Permit 12 -4 125 14' Street July 18, 2012 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 - 081 -03; is 25' -0" x 117' -6" in size; and comprises approximately 2,937.5 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. f. As of July 12, 2012, Staff has received no correspondence 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 -2, as conditioned regarding business operation, 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 -2 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; C. The proposed use is permitted within the applicable zoning district, subject to the approval of a Conditional Use Permit, and as proposed to H Planning Commission Staff Report Conditional Use Permit 12 -2; Minor Use Permit 12 -4 125 14`h Street July 18, 2012 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 -2, subject to the following conditions: 1. Conditional Use Permit 12 -2 is approved for the operation of a short -term vacation rental within the Residential High Density (RHD -20) zone at 125 14th Street. 2. The applicant shall hereby comply with all requirements enumerated within Ordinance Number 1619 -U as well as all requirements of Section 11.4.05.135 of the Seal beach Municipal Code, regarding short -term vacation rental properties. 3. The property owner must obtain a business license prior to operating or establishing a short-term vacation rental. 4. The property owner must complete the Transient Occupancy Tax Remittance form with the City's Department of Finance prior to operating or establishing a vacation rental, and shall pay the Transient Occupancy Tax in accordance with the Seal Beach Municipal Code. 5. Visitor occupancy shall be limited to a maximum stay of 29 consecutive days. 6. ,There shall be no more than two overnight guests per bedroom, for a total of six overnight guests in the front, main unit and two overnight guests in the rear, detached unit. 7. 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. Planning Commission Staff Report Conditional Use Permit 12 -2; Minor Use Permit 12 -4 125 14 ' Street July 18, 2012 8. The property owner shall comply with the annual fire and life safety certification procedures of the Orange County Fire Authority. 9. First -day arrival at a vacation rental is prohibited after 9:30 p.m. All least or rental agreements must include this prohibition. 10. The two -car garage shall remain free and clear of any and all obstructions that may preclude occupants from utilizing the garage space for parking and shall remain available for any occupants to use for parking vehicles. 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. c. 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. 12 Planning Commission Staff Report Conditional Use Permit 12 -2; Minor Use Permit 12 -4 125 14' Street July 18, 2012 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. Upon any change in ownership of the property, the new property owner(s) are subject all conditions listed under CUP 12 -2, 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. 17. No trash disposal activities may occur between the hours of 10:00 P.M. and 7:00 A. M 18. No business signage shall be allowed on the premises for the short-term vacation rental use. 19. 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. 20. 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 Planning Commission to modify any of the conditions of approval, up to and including the revocation of this Conditional Use Permit. 21. 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 interior space layout of the property. 22. 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 Development Services a minimum of 90 days prior to such expiration date. 13 Planning Commission Staff Report Conditional Use Permit 12 -2; Minor Use Permit 12 -4 125 14' Street July 18, 2012 23. This Conditional Use Permit shall not become effective for any purpose unless /until a City "Acceptance of Conditions" form has been signed by the applicant in the presence of the Director of Development Services, or notarized and returned to the Planning Department; and until the 10 calendar -day appeal period has elapsed. 24. 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. 25. 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 , 2012, by the following vote: AYES: Commissioners NOES: Commissioners ABSTAIN: Commissioners ABSENT: Commissioners 21 Greg Hastings Secretary of the Planning Commission Planning Commission Staff Report Conditional Use Permit 12 -2; Minor Use Permit 12 -4 125 14' Street July 18, 2012 Sandra Massa - Lavitt Chairwoman of the Planning Commission 15 Planning Commission Staff Report Conditional Use Permit 12 -2; Minor Use Permit 12 -4 125 14" Street July 18, 2012 RESOLUTION 12 -12, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH, APPROVING MINOR USE PERMIT 12 -4 TO ALLOW A PORCH /DECK ADDITION AND INTERIOR WALL RECONFIGURATION TO AN EXISTING, NONCONFORMING RESIDENTIAL PROPERTY AT 125 14TH STREET, SEAL BEACH m Planning Commission Staff Report Conditional Use Permit 12 -2; Minor Use Permit 12 -4 125 14' Street July 18, 2012 RESOLUTION NUMBER 12 -12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING. MINOR USE PERMIT 12 -4, TO ALLOW A PORCH /DECK ADDITION AND INTERIOR WALL RECONFIGURATION TO AN EXISTING, NONCONFORMING RESIDENTIAL PROPERTY AT 125 14" STREET, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On June 13, 2012, Ralph Bakker ( "the applicant ") filed an application for Minor Use Permit (MUP) 12 -4 with the Department of Community Development. Section 2. The applicant is requesting an MUP for the establishment of a short-term vacation rental property within the Residential High Density (RHD -20) zone at 125 14th Street. Section 3. Pursuant to Calif. Code of Regs. §15303,. staff has determined as follows: The application for Minor Use Permit 12 -4 for the requested land use entitlements 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 July 18, 2012, to consider the application for Minor Use Permit 12 -4. At the public hearing, the Planning Commission received written and oral evidence on the project. Section 5. The record of the public hearing of July 18, 2012 indicates the following (a) On June 13, 2012, the applicant filed an application for Minor Use Permit 12 -4 with the Department of Community Development. (b) The applicant is requesting approval to allow a porch /deck addition and interior wall reconfiguration to an existing, nonconforming residential property. The property is nonconforming due to substandard front and rear setbacks, inadequate off- 17 Planning Commission Staff Report Conditional Use Permit 12 -2; Minor Use Permit 12 -4 12514 th Street July 18, 2012 street parking, and exceeding the allowable density - two existing dwelling units on a lot where only one dwelling unit would be allowed per the current zoning code. (c) The subject property is located in the Residential High Density (RHD -20) zone within the neighborhood generally referred to as "Old Town ". (d) The surrounding land uses and zoning are as follows: 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) zone WEST: Single and Multi- family residences in the Residential High Density (RHD) zone (e) The subject property is described as Orange County assessor's parcel #199 - 081 -03 is 25' -0" x 117' -6" in size; and comprises approximately 2,937 square feet in area. (f) The City has received no comments, written or otherwise, in response to the published and mailed public notices for MUP 12 -4. Section 6. Based upon the facts contained in the record, including those stated in '§ 5 of this resolution, and pursuant to § 11.2.05; 11.4.40.015; and 11.5.20.of the Code of the City of Seal Beach, the Planning Commission hereby makes the following findings-. a. MUP 12 -4; 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. MUP 12 -4 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; C. The proposed modifications to the subject property are permitted within the applicable zoning district, subject to the approval of a Minor 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 the modifications being proposed, including the provision of services and the absence of physical constraints; 18 Planning Commission Staff Report Conditional Use Permit 12 -2, Minor Use Permit 12 -4 125 14rn Street July 18, 2012 e. The location, size, design, and operating characteristics of the proposed modifications 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 modifications 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 Minor Use Permit 12 -4, subject to the following conditions: 1. Minor Use Permit 12 -4 is approved for a porch /deck addition and a reconfiguration of interior walls at 125 14th Street. 2. All construction shall be in substantial compliance with the submitted plans approved through Minor Use Permit 12 -4, except as conditioned herein. 3. Building permits shall be obtained for all work requiring such permits. 4. The front porch /deck may extend into the front setback as shown on the submitted plans, however the solid roof cover over this area may only project up to two feet (2' -0 ") beyond the existing front wall of the structure. 5. The proposed second floor balcony and open -beam trellis may only project up to two feet (2' -0 ") beyond the front wall of the existing structure. 6. There shall be no net increase in habitable square footage on the property as a result of the proposed construction. 7. All other applicable development standards for the RHD -20 zone shall be adhered to. 8. This Minor Plan Review shall not become effective for any purpose unless an "Acceptance of Conditions" form has been signed by the applicant in the presence of the Director of Development Services, or notarized and returned to the Planning Department, and until the ten (10) day appeal period has elapsed. 9. The applicant shall indemnify, defend, and hold harmless the 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 Minor 19 Planning Commission Staff Report Conditional Use Permit 12 -2, Minor Use Permit 12 -4 125 14"' Street July 18, 2012 Plan Review, 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. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the day of , 2012 by the following vote: AYES: Commissioners NOES: Commissioners ABSTAIN: Commissioners ABSENT: Commissioners Greg Hastings Interim Secretary - Planning Commission 20 Sandra Massa- Lavitt, Chairwoman Planning Commission Planning Commission Staff Report Conditional Use Permit 12 -2; Minor Use Permit 12 -4 125 14' Street July 18, 2012 ATTACHMENT 3 ORDINANCE .1619 -U REGARDING SHORT -TERM VACATION RENTAL PROPERTIES 21 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. Penal t . 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 Findinqs. 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 to 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: 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. 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. 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. ATTEST: '� 4.�. tLzx�'�- Cif Cferk ` i STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } Quinn M. Barrow, City Attorney 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 I 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 I by the following vote: AYES: Council Members / a I ' NOES: Council Members ABSENT: Council Members�� ABSTAIN: Council Members 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. City Clerk Planning Commission Staff Report Conditional Use Permit 12 -2; Minor Use Permit 12 -4 125 14' Street July 18, 2012 PROJECT PLANS 22