HomeMy WebLinkAbout2 - CUP 12-10 (413 Ocean Avenue)October 3, 2012
STAFF REPORT
To: Honorable Chairwoman and Planning Commission
om: Department of i Development
Subject: Conditional Use Permit 12 -10
413 Ocean Avenue
GENERAL
Applicant: LENORE SCHWANKOVSKY
Owner: LENORE SCHWANKOVSKY
Location: 413 OCEAN AVENUE
Classification of RHO} -20 (RESIDENTIAL HIGH DENSITY)
Property:
Request: FOR A CONDITIONAL USE PERMIT (CLIP) 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 -10, SUBJECT TO CONDITIONS. APPROVAL
SHOULD BE THROUGH THE ADOPTION OF PLANNING
COMMISSION RESOLUTION 12 -20.
Z: \Conditional Use Permits\CUP 12 -10 413 Ocean Avenue (Vacation Rental)\CUP 12 -10 413 Ocean Avenue PG Staff Report.doc
Planning Commission Staff Report
Conditional Use Permit 12-10
413 Ocean Avenue
October 3, 2012
I
FACTSJ
❑ On July 9, 2012, Lenore Schwankovsky ("the applicant") filed an application with
the Department of Community Development for Conditional Use Permit 12-10 for
a short-term vacation rental property at 413 Ocean Avenue.
❑ The property is nonconforming due to a substandard rear yard setback,
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-
148 -13; is 25'-0" x 110'-0" in size, and comprises 2,750 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 family residences in the Residential Low Density
(RLD-9) 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-story
structure at the rear of the property with two single-car garages comprising the
ground floor and a one bedroom dwelling comprising the second floor.
❑ Due to the nonconforming rear yard setback, there is not adequate space to park
a standard sized automobile within the area between 'the garage and the rear
property line.
❑ The property has been utilized as a short-term vacation rental property since at
least 2007.
❑ As of September 26, 2012, Staff has received no correspondence in response to
the hearing notices that were mailed out and published for the proposed project,
Planning Commission Staff Report
Conditional Use Permit 12 -10
413 Ocean Avenue
October 3, 2012
R.-,, ewe"t I,
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 CLIP. This
specific application is to allow an existing (previously 'grandfathered') short-term
vacation rental property (renting for periods less than 30 days) within an existing,
detached duplex at 413 Ocean Avenue.
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Planning Commission Staff Report
Conditional Use Permit 12-10
413 Ocean Avenue
October 3, 2012
DISCUSSION
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;
I 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 No. 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 six total guests for the main house and not more
than two total guests for the rear unit, primarily because of the size of the units and
constraints with the amount of off-street parking provided on the premises. The front
unit is comprised of three bedrooms; the rear unit is comprised of one bedroom. There
are two, single-car garages available on the premises and staff is recommending that
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Planning Commission Staff Report
Conditional Use Permit 12-10
413 Ocean Avenue
October 3, 2012
one garage be assigned to each rental unit. Staff also recommends that both garages
be kept free and clear of any obstructions that would prevent the occupants'
automobiles from utilizing the garages for parking at all times. This CUP would
authorize the utilization of 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.
IRECOMMENDATION: I
Staff recommends the Planning Commission, after considering all relevant testimony,
written and oral, presented during the public hearing, approve Conditional Use Permit
12-10, subject to conditions as proposed and as may be amended by the Planning
Commission.
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Planning Commission Staff Report
Conditional Use Permit 12-10
413 Ocean Avenue
October 3, 2012
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: October 3, 2012
J era, AICP
for anner, Department of Community Development
Attachments: (3)
Attachment 1: Resolution No. 12-20, A Resolution of the Planning Commission
of the City of Seal Beach, approving Conditional Use Permit 12-
10, for the establishment of a short-term vacation rental
property, within the Residential High Density (RHD-20) zone at
413 Ocean Avenue, Seal Beach.
Attachment 2: Interim Ordinance Number 1619-U
vacation rental properties.
Attachment 3: Project Plans
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Planning Commission Staff Report
Conditional Use Permit 12 -10
413 Ocean Avenue
October 3, 2012
ATTACHMENT 1
RESOLUTION NUMBER 12 -20, A RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY
OF SEAL BEACH APPROVING CONDITIONAL
USE PERMIT 12 -10, FOR THE ESTABLISHMENT
OF A SHORT -TERM VACATION RENTAL
PROPERTY, WITHIN THE RESIDENTIAL HIGH
DENSITY (RHD -20) ZONE AT 413 OCEAN
AVENUE, SEAL BEACH.
Planning Commission Staff Report
Conditional Use Permit 12-10
413 Ocean Avenue
October 3, 2012
14 44010110 DOM 10 W I I = =
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
APPROVING CONDITIONAL USE PERMIT 12-10,
TO ALLOW A SHORT-TERM VACATION RENTAL
PROPERTY, WITHIN THE RESIDENTIAL HIGH
DENSITY (RHD-20) ZONE AT 413 OCEAN
AVENUE, SEAL BEACH
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On July 9, 2012, Lenore Schwankovsky ("the applicant") filed an
application for Conditional Use Permit (CUP) 12-10 with the Department of Community
Development.
Section 2. The applicant is requesting a CUP for the operation of a short-term
vacation rental property within the Residential High Density (RHD-20) zone at 413
Ocean Avenue.
Section 3. Pursuant to 14 Calif. Code of Regs. § 15303, staff has determined
as follows: The application for Conditional Use Permit 12-10 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 October 3, 2012, to consider the application for Conditional Use Permit
12-10. 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 October 3, 2012 indicates the
following:
a. On July 9, 2012, the applicant filed an application for Conditional Use
Permit 12-10 with the Department of Community Development.
b. The applicant is requesting approval to operate a short-term vacation
rental property within the Residential High Density (RHD-20) zone at 413 Ocean
Avenue.
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Planning Commission Staff Report
Conditional Use Permit 12-10
413 Ocean Avenue
October 3, 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
e. The subject property is described as Orange County assessor's parcel #
199-148-13; is 25-0" x 110'4' in size; and comprises 2,750 square feet in area.
NORTH: Single and multi-family residences within the
Residential High Density (RHD-20) zone.
SOUTH-. Single family residences within the Residential Low
Density (RLD-9) 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 26, 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 12-10, 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 12-10 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
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Planning Commission Staff Report
Conditional Use Permit 12-10
413 Ocean Avenue
October 3, 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 12-10, subject to the following conditions:
1 Conditional Use Permit 12-10 is approved for the operation of a short-term
vacation rental within the Residential High Density (RHD-20) zone at 413 Ocean
Avenue.
2. This Conditional Use Permit authorizes the utilization of both dwelling units on
the property as short-term vacation rentals.
1 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 per bedroom in
either vacation rental unit, for a maximum occupancy of six (6) total overnight
guests in the front, three bedroom unit and a maxirnurn occupancy of two (2)
total overnight guests in the rear, one bedroom unit.
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Conditional Use Permit 12-10
413 Ocean Avenue
October 3, 2012
8. The property owner shall implement and conform to fire and life safety
requirements, as required by the Orange County Fire Authority and the City's
Building Division.
9. The property owner shall comply with the annual fire and life safety certification
procedures of the Orange County Fire Authority.
10. First-day arrival at a vacation rental is prohibited after 9:30 p.m. All lease or
rental agreements must include this prohibition,
11. The two, single-car garages shall remain free and clear of any and all
obstructions that may preclude occupants from utilizing the garage spaces for
parking and shall remain available for any occupants to use for parking vehicle.
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 12-10
413 Ocean Avenue
October 3, 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 of the owner or property manager and a telephone number at
which that party may be reached at all times.
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 12-10, 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 City
of Seal Beach Municipal Code, as the regulations of that Chapter now exist or
may hereafter be amended. Should complaints be received regarding noise
generated by the establishment, the Planning Commission reserves the right to
schedule this permit for reconsideration and may require the applicant/business
operator to mitigate the noise level to comply with the provisions of Chapter 7.15.
22. If there are substantial adverse impacts on Police Department services and/or in
the event that the Police Chief or designee determines that a significant increase
in police service has resulted due to the operations of the establishment, the
Police Chief or designee at any time may request a public hearing before the
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Planning Commission Staff Report
Conditional Use Permit 12-10
413 Ocean Avenue
October 3, 2012
Planning Commission to modify any of the conditions of approval, up to and
including the revocation of this Conditional Use Permit.
23. A modification of this Conditional Use Permit shall be applied for when:
a. The property proposes to modify any of its current Conditions of Approval.
b. There is a substantial change in the mode or character of operations of
the establishment, or a change in the number of bedrooms or significant
change to the interior space layout of the unit.
24. This Conditional Use Permit shall become null and void unless exercised within 1
year of the date of final approval, or such extension of time as may be granted
by the Planning Commission pursuant to a written request for extension
submitted to the Department of Community Development a minimum of 90 days
prior to such expiration date.
25. This Conditional Use Permit shall not become effective for any purpose
unlessluntil 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
, 2012, by the following vote:
13
AYES:
Commissioners
ABSTAIN:
Commissioners
ABSENT:
Planning Commission Staff Report
Conditional Use Permit 12-10
413 Ocean Avenue
October 3, 2012
Sandra Massa-Lavift
Chairwoman of the Planning Commission
Greg Hastings
Interim Secretary of the Planning Commission
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Planning Commission Staff Report
Conditional Use Permit 12 -10
413 Ocean Avenue
October 3, 2012
Effit IT
IRTERIM ORD11'%k.10E NUMBER •
REGARDING SHORT-TERM VACATION RENTAL
PROPERTIES
w
ORDINANCE NUMBER 161 9-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
URGENCYTHERE0F
I FOLLOWS:
THE CITY COUNCIL UF THE CITY OF SEAL BEACH HEREBY ORDAINS AS
Section 1. On April 9, 2012, the Seal
Beach City Council adopted Ordinance Number 1018-1.1. imposing new interim
regulations on new and existing vacation rentals. This Ordinance extends and
amends the interim regulations for now 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. TeIm, This Ordinance shall expire, and the interim
regulations established hereby shall terminate 10 months and 15 days after the
date ofits adoption unless extended by the City Council at a nagu|udy noticed
public hoahng pursuant to California Government Code Section G5858.
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. "rho ordinance imposes greater limitations on vacation rentals
in the City than the limitations currently required under the KAun|o|pa| 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 15OG1(b)(3)of the California Code ofRegulations,
Section 5. Penalty. Violation of any provision of this Ordinance shall
constitute a misdemeanor and shall be punishable by a fine not to exceed $1,000
orby imprisonment for a period not Vo exceed 6 months, orby both such fine and
imprisonment. Each and every day such a violation exiioto 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: ( violation by o 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 7.35of 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.
e. 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 ao, but not limited hn, single-family and multiple-family dwelling units,
apartment housmm, condnminiumu, cooperative apartments, 1dp|exmo, and
duplexes ona fewer than 3D days basis au vacation rental units.
b. Based onexperience in the City and in other jurisdictions, h
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 Sea] 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 conditibnal 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 m business license prior to operating o/ 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.
a Visitor occupancy shall belimited
tmo maximum of 29 consecutive days.
-- t The property owner shall implement
and conform 0o fire and life safety requirements required by the Orange County
Fire Authority and the City's Building Division. These requirements |nu|ude, but
are not limited to approved omokedetedornineuoh|odgingmom.instaUedionuf
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
b Secondary Use. A vacation rental in commercial zones shall
be conditionally allowed only in conjunction with an approved commercial use.
i First-day arrival utovacation rental is
prohibited after 9:30 p.m. All lease or rental agreements must include this
prohibition.
i 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. Tha
acknowledgement must include the text of Section 7.45.010 of the Municipal
Code, which provides aufollows:
"Upon the initial response of the police department to any
disturbance involving loud, unnecessary and unusual nuise, the
chief of police may, in lieu mforin addition to taking other action
authorized by law, give notice 1othe 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 nnnto to the city of any subsequent response by the
police department in connection with any continuation or
resumption nfsuch disturbance. Such notification shall beinsuch
form as may bnapproved by the chief uf police. The costs ofany
subsequent h || be ed to the
receiving such notice and shall include all costs reasonably
incurred by the city in providing law enforcement services and
equipment at the scene of the disturbance, including the cost or
value of the time expended by police department personnel in
making any subsequent response. The method of computing such
costs shall be established by the chief of police and approved by
the city council, The finance department shall invoice such costs to
the person or persona liable therefor under this ohopter, and such
costs shall constitute a debt tu the city and be collectible hy the city
in the same manner as in the case of an obligation under a
contract; punvidod, hovwever, that in no event shall a person's
liability hereunder exceed $1.000 for any single subsequent
response."
This information and acknowledgment shall bemaintained by the owner
for period of three and shall be readily available upon request ofany
police officer or employee mv the city authorized to enforce this Ordinance orany
applicable |aw, 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 mrrental agreement for
short-term vacation rental must have a copy of these Permit and Operational
Requirements attached toitand must include the following terms, notifications
and disclosures, which shall also be posted in a conspicuous location inside the
unit
i The trash pickup day and applicable rules and
regulations pertaining to leaving or storing trash or refuse on the exterior ofthe
property.
K Notification that the occupant may be cited or fined b
the City for violation of any provision of the Municipal Code including but no
limited to amplified sound, including radios, televisions and other electronic
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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 m property manager and e
telephone number ed which that party may bo 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.
0. On-Site Property Owner or Property Manager Required fo
Vacation Rentals In Excess of 2 Units' A property owner or property manager
shall reside on each site that contains more than 2 vacation rental units. Such
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 un 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 10 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 nenta|, the
property owner of any existing, licensed vacation rentals shall file anapplication
for aconditional use ponnh on or before July G. 2012. For the purpose of this
ordinance, "licensed" shall mean ovonotion rental as to which as of January 1.
2010. the property owner had and, thereaftar, has continuously maintained u
valid business |icmnmm^ 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 4.8G: Transient Occupancy Tax of the Municipal Code.
b. Interim Or inance Number 1 provided an opportunity for each
property owner of an exist|ng. licensed vacation rental to continue renting
vacation rentals ifheor she supplied ho 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, nraaof May 3.2O12,
C. Onm before July 6i002, any property owner may request from
the City Council an exemption /nzm, or extension of the henna and provisions of
this onjhlonom, in order to amortize the property mwna/m investment. Such
request must be made in writing setting forth the reasons for the nequest, a
proposed abatement period after which the owner either
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 6i2012. The decision of the City Council shall befinal.
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 hn the manner required bylaw.
(intentionally Left Blank)
Ordinance Number 1619-U
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach at a meeting thereof held on the - 14th day of May 2012.
ATTEST:
STATE OF CALIFORNIA }
COUNTY OF ORANGE SS
CITY OF SEAL BEACH
1, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify
that the foregoing ordinance is an original copy of Urgency Ordinance Number
_1619-U on file in the office of the City Clerk, passed, approved and adopted by
the City Council of the City of Seal Beach, pursuant to the City Charter and
Government Code § 36967(b), at a meeting held on the 14th day of May 2012
by the following vote:
AYES: Council Members L.,Wf WPM 7
NOES: Council Ife-itbers
I
ABSTAIN: Council Members / q&nz
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.
it�derk
F
Planning Commission Staff Report
Conditional Use Permit 12-10
413 Ocean Avenue
October 3, 2012
ATTACHMENT 3
[: j -110111 = Lot9: 2 W-11 I, M
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