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HomeMy WebLinkAbout3 - CUP 12-9 (1616.5 Ocean Avenue)September 19, 2012 MMIAWAEM To: Honorable Chairwoman and Planning Commission From: Department of Community Development Subject: Conditional Use Permit 12 -9 1616'12 Ocean Avenue GENERAL DESCRIPTION Applicant: DONALD MARK Owners: DONALD AND CAROL MARK Location: 1616% 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; 11.4.05.135; AND 11.5.20 OF THE SEAL BEACH MUNICIPAL CODE Recommendation: APPROVE CUP 12 -9, SUBJECT TO CONDITIONS. APPROVAL SHOULD BE THROUGH THE ADOPTION OF PLANNING COMMISSION RESOLUTION 12 -19. Z: \Conditional Use Permits \CUP 12 -9 1616% Ocean Avenue (Vacation Rental)\CUP 12 -9 1616'12 Ocean Avenue PC Staff Report.doc Planning Commission Staff Report Conditional Use Permit 12-9 1616! Ocean Avenue September 19, 2012 FACTS E ❑ On July 9, 2012, Donald Marr ("the applicant") filed an application with the Community Development Department for Conditional Use Permit 12-9 for a short-term vacation rental property at 1616Y2 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- 094-07; is trapezoidal in shape; and comprises at least 4,800 square feet in area. 11111 1 1111 11111 • 1111 111 NOR 1 !111111111111 11111 !11! C I I 1 1 4 • M • 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, detached duplex. The property is nonconforming due to less than code required off -street parking (two single car garages currently exist instead of two, two car garages that would be required under today's code) and nonconforming side yard and rear yard setbacks. ❑ Building permits on file are not explicitly clear, but do show that a dwelling was constructed on the property in 1949 and a garage in 1955. In staff's opinion, based upon the layout, size, and type of construction of the two structures, it is plausible that the two existing structures correspond to the permit dates. The rear rental unit is a one-bedroom unit. ❑ The rear unit has operated as a Vacation Rental since at least 2009. ❑ As of September 13, 2012, Staff has received one email in opposition of the project in response to the public hearing notices that were mailed and published regarding the subject application 2 Planning Commission Staff Report Conditional Use Permit 12-9 1616Y2Ocean Avenue September 19, 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-three 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 City Council approved this requirement as part of the October 25, 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. 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 CUP. 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, detached duplex at 1616'/2 Ocean Avenue. N Planning Commission Staff Report Conditional Use Permit 12-9 1616Y2Ocean Avenue September 19, 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 1616% Ocean Avenue. The front unit on this same property at 1616 Ocean Avenue is presently occupied by the applicants/owners and is not part of this application. This CUP would authorize the utilization of only the rear unit (1616Y20cean Avenue) as a 4 Planning Commission Staff Report Conditional Use Permit 12 -9 1616 % ©cean Avenue September 19, 2012 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. While the property does not meet current code requirements with regard to off - street parking, there are only two, single -car garages on the property and today's code would require two, two -car garages, the rear of the property does have adequate space to park up to four additional cars, in addition to the single -car garages. To date, staff has received one email regarding adverse impacts that have occurred as a result of the operation of a vacation rental at this address, but staff believes that the implementation of the CUP at this location will provide the City a mechanism to address noise issues, should 'they become problems in the future. The vacation rental unit at this property has been in operation since at least 2009. 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 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. Planning Commission Staff Report Conditional Use Permit 12-9 1616Y2Ocean Avenue September 19, 2012 RECOMMENDATION: Staff recommends the Planning Commission, after considering all relevant testimony, written and oral, presented during the public hearing, approve Conditional Use Permit 12-9, 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. 9 We Plivera, AICP nior,Planner, Department of Community Development Attachments: (4) Attachment 1: Resolution 12-19, A Resolution of the Planning Commission of the City of Seal Beach, approving Conditional Use Permit 12-9, to allow a short-term vacation rental property, within the Residential High Density (RHD-20) zone at 1616Y2 Ocean Avenue, Seal Beach. Attachment 2: Interim Ordinance Number 1619-U regarding short-term vacation rental properties. Attachment 3: Email received from residents regarding 1616'12 Ocean Avenue. Attachment 4: Project Plans 0 Planning Commission Staff Report Conditional Use Permit 12 -9 1616% Ocean Avenue September 19, 2012 ATTACHMENT 1 i y y = y i i • y i, VA Planning Commission Staff Report Conditional Use Permit 12-9 1616% Ocean Avenue September 19, 2012 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 12-9, TO ALLOW A SHORT-TERM VACATION RENTAL PROPERTY, WITHIN THE RESIDENTIAL HIGH DENSITY (RHD-20) ZONE AT 1616Y2 OCEAN AVENUE, SEAL BEACH THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOEJ HEREBY FIND AND RESOLVE: Section 1. On July 9, 2012, Donald Marr ("the applicant") filed an application for Conditional Use Permit (CUP) 12-9 with the Department of Community Development. Section 2. The applicant is requesting a CLIP for the operation of a short-term vacation rental property within the Residential High Density (RHD-20) zone at 1616Y2 Ocean Avenue. Section 3. Pursuant to 14 Calif. Code of Regs. § 15303, staff has determined as follows: The application for Conditional Use Permit 12-9 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 19, 2012, to consider the application for Conditional Use Permit 12-9. 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 19, 2012 indicates the following: a. On July 9, 2012, the applicants filed an application for Conditional Use Permit 12-9 with the Department of Community Development. b. The applicants are requesting approval to operate a short-term vacation rental property within the Residential High Density (RHD-20) zone at 1616Y2 Ocean Avenue. 11 Planning Commission Staff Report Conditional Use Permit 12-9 1616Y20cean Avenue September 19, 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 # 199-094-07; is trapezoidal in shape; and comprises at least 4,800 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 September 13, 2012, Staff has received one email in opposition 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. Conditional Use Permit 12-9, 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 12-9 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 be conditioned, will comply with all other applicable provisions of the Municipal Code; X Planning Commission Staff Report Conditional Use Permit 12-9 1616Y2 Ocean Avenue September 19, 2012 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; t 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. 12-9, subject to the following conditions: 1 Conditional Use Permit 12-9 is approved for the operation of a short-term vacation rental within the Residential High Density (RHD-20) zone at 1616% Ocean Avenue. 2. This Conditional Use Permit is only for the rear unit of the duplex property at 1616'/2 Ocean Avenue. The front (main) unit at 1616 Ocean Avenue, which is located upon the same lot, 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. 7. There shall be no more than a total of two overnight guests in the vacation rental unit. 11111 Planning Commission Staff Report Conditional Use Permit 12-9 1616Y2 Ocean Avenue September 19, 2012 & 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. At least one garage space and one off -street parking space adjacent to the rear alley area shall remain free and clear of any and all obstructions that may preclude occupants and their daytime guests from utilizing the garage and parking space for parking vehicles. 12. Occupants must vacate the unit before noon on their final day of tenancy. 13. 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. 14. 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. 15. 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 Planning Commission Staff Report Conditional Use Permit 12-9 1616 % Ocean Avenue September 19, 2012 devices, that create a disturbance in violation of Chapter 7.45 of the Seal Beach Municipal Code. 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 • the owner • property manager and a telephone number which that party may be reached at all times. i 16. 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. The property owner or manager must also provide the owners of the immediately adjacent properties with this phone number as well as a copy of this resolution. 17. 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. 18. Upon any change in ownership of the property, the new property owner(s) are subject to all conditions listed under CUP 12-9, 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. 19. No trash disposal activities may occur between the hours of 10:00 P.M. and 7:00 A.M 20. No business signage shall be allowed on the premises for the short-term vacation rental use. 21. The occupants of the property shall comply with Chapter 7.15, "Noise" of the Ci 9fty 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 12-9 1616Y2Ocean Avenue September 19, 2012 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 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 unless/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: IN • • - NOES: Commissioners ABSTAIN: Commissioners ABSENT: Commissioners Planning Commission Staff Report Conditional Use Permit 12-9 1616Y20cean Avenue September 19, 2012 Sandra Massa-Lavift Chairwoman of the Planning Commission Greg Hastings Interim Secretary of the Planning Commission 14 Planning Commission Staff Report Conditional Use Permit 12 -9 1616% Ocean Avenue September 19, 2012 1 INTERIM ORDINANCE - i • NEGARDING SHORT-TERM VACATION RENTAL PROPERTIES 15 AN |NT2FUK0 ORDINANCE OF THE CITY OF SEAL BEACH EXTENDING AND AMENDING ORDINANCE NUMBER 1518 IMPOSING INTERIM REGULATIONS ON NEW AND EXISTING SHORT-TERM VACATION RENTALS AND DECLARING THE UR8ENCYTHEREOF 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 ohoU expire, and the interim regulations established hereby shall terminate 10 months and 75 days after the dote of its adoption unless extended by the City Council at regularly noticed public hearing pursuant in California Government Code Section G585O. 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 . Violation of any provision of this Ordinance shall constitute a misdemeanor and shall be punishable by a fine not lo exceed $1.00U or by imprisonment for a period not to exceed 8 months, orby both such fine and imprisonment. Each and evM day such aWo|ation exists shall constitute a separate and distinct violation of this Ordinance. |n 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 permit o/ fail to correct within 3days of receiving notice: y> any violation by o vacation nan»mr of this Ordinance or Chapter 7.15 of the Municipal Code (Noise) or (ii) any public nuisance created by a vacation renter |n violation uf Chapter T.35of 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 Citys location and proximity to the coast makes ito popular destination for tourists, many of whom choose to stay in residential units such ua, but not limited to, single-family and multiple-family dwelling unUa, apartment houaam, cnndom|niuma, cooperative apnrtmenta, trip|exem, and duplexes ona fewer than 3O days basis ua vacation rental units. b. Based nn experience in the City and in other jurisdictions, it /o known that short-term vacation rentals have the potential 0ocreate 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 11.4D51@5of -- 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 nf Ordinance Number 161�U, the City Community Devel nt Department b 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, 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 S="o'' ' The summer "rental season is rapidly approaching and the | operation of vacation rentals pursuant to the Citys 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 to the adoption of. this Ordinance have occurred. Section 7. Interim Regulations. Notwithstanding any other ordinance ov provision o[ the Municipal Code ofthe Kyof 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 ("CLIP") in compliance with Chapter 11.5.20 of the Municipal Code. To xnoywe the impacts rentals on vthe 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 This information and acknowledgment shall be maintained by the owner for a period of three years and shall be readily available request of any _ police officer nr employee o; the city authorized to enforce this Ordinance orany applicable /mm, rule or regulation pertaining to the use and occupancy nfthe short-term vacation rental. i Trash. Trash and refuse must not bo 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 lo meet the demand of the occupants. M. Lease Terms: Each now lease or rental agreement for 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 i The trash and applicable rules and regulations pertaining to leaving nr storing trash oc refuse onthaextehnrofthe property. H. Notification that the occupant may be cited or fined by the City for violation of any provision of the Municipal including but not limited to amplified oound, including radios, televisions and other electronic devices, that creates a noise disturbance in violation of Chapter 7.45 of the Seal ^-1 Beach Municipal Code. lij. A recommendation that the occupant participate voluntarily in neighborhood quiet hours by avoiding parties and loud social events between the hours of10:OOp.m. and 7:OOa-m. iv. The name ofthe owner or property manager and 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 hem she can becontacted on o24-hnurbasis regarding nuisonoe complaints arising atnffrom the 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 time y respond to calls or complaints as required or take timely corrective action regarding the condition, � operation, or conduct nf occupants of the short-term vacation rental uho|| boa -- violation of this Ordinance. Nothing in this Ordinance shall be construed to require or authorize an owner or property \n act uao peace officer or0o intervene /n situations that pose a risk to personal safety. The owner mproperty manager must maintain records of the namo, violabon, date, and time of each complaint, d|uiudbanua, and response and oonoobve action by owner. Such records must ba maintained for et least three years. . u On-Site Property Owner or Property Manager Required for Vacation Rentals In Excess of 2 Units. A property owner m property manager ahu|| reside on each site that contains more than 2 vacation rental undo. 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. PASSED, APPROVED AND ADOPTED City Council of the City ufSeal Beach at a meeting thereof held onthe 14th day ofMgi_uulx. ATTEST: ` -Cit� Clerk � STATE OFCALIFORNIA } COUNTY OFORANGE GG C|TYOFSEALBEACH } Wnn M. Barrow, City Attorney 1, Linda Devine City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing ordinance i in of Urgency Ordinance Number 1619-U-on file in the office of the City Clerk, passed, approved and adopted by the City Council of the City of Seal Beach, pursuant to the City Charter and Government Code § 36967(b), at a meeting held on the 14th day of May , 2012 by the following vote: AYES: Council Members f NO �— 01WA-1 NOES: Couteil Members ABSENT Council Members ' ,\lk'11,/` ABSTAIN: Council Members and do hereby fmthe[ certify that Urgency Ordinance Number _1619-U has been published pursuant 1u the Seal Beach City Charter and Resolution Number 2836. Ar lh�k k titiderk Planning Commission Staff Report Conditional Use Permit 12 -9 1616% Ocean Avenue September 19, 2012 ATTACHMENT 3 ' + ' HE Jerry 01livera From: Jerry Olivera Sent: Thursday, September 13, 2012 10:25 AM To: Jerry Olivera Subject: FW: 1605 Seal Way and 1606 112 Ocean EEIM As we discussed this afternoon, my wife and I believe very strongly that there needs to be strict regulations (that will be enforced) on vacation rentals in Seal Reach. We live in the 1600 block of Seal Way where there are many of these rentals. Our experience has been very good with the vacation rental across the alley from our house (the Pineapple Cottage) at 1620 Ocean Avenue. However, there are other vacation rentals where our experience has been quite the opposite. The problems we have encountered are: Parking of cars in Seal Way alley where the cars are parked behind garages and jut out into the alley causing a driving hazard People leave their cars in the alley while they run in to their rental to retrieve something, thereby blocking the alley completely These people seem to ignore that Seal Way is actually a street; they frequently get angry with us and other residents if we ask them to move their car, completely disregarding the fact that we live here. Some vacation renters are here to party and have a good time, their noise carries throughout the neighborhood. We are not against vacation rentals per se, but there needs to be strict controls placed on them and the number allowed in Seal Beach. There should not be more than one such rental in any given block of Seal Beach, such as the Pineapple Cottage which does an excellent job of screening and managing their rental. That is simply not true for the vacation rentals at 1605 Seal Way and 1616 112 Ocean Avenue. Yours very truly, Tom and Josi Greeley 1629 Seal Way Planning Commission Staff Report Conditional Use Permit 12-9 1616Y2Ocean Avenue September 19, 2012 ATTACHMENT 4 17