HomeMy WebLinkAbout3 - CUP 12-11 (1001 Ocean Avenue, Unit H). .
. 92N4
To: Honorable Chairwoman and Planning Commission
From: Department of Community Development
Subject: Conditional Use Permit 12 -11
1001 Ocean Avenue, Unit H
GENERAL
Applicants: DAVID AND KIM GASPER
• DAVID
Location: 1001 OCEAN AVENUE, UNIT H
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 -11, SUBJECT TO CONDITIONS. APPROVAL
SHOULD BE THROUGH THE ADOPTION OF PLANNING
COMMISSION RESOLUTION 12 -21.
Z:tConditional Use PermitstCUP 12 -11 1001 Ocean Avenue, Unit H (Vacation Rental)1CUP 12 -11 1001 Ocean Avenue, Unit H
PC Staff Report.doc
Planning Commission Staff Report
Conditional Use Permit 12 -11
1001 Ocean Avenue, Unit H
October 3, 2012
FACTS
❑ On July 13, 2012, David and Kim Gasper ( "the applicants ") filed an application
with the Department of Community Development for Conditional Use Permit 12-
11 for a short-term vacation rental property at 1001 Ocean Avenue, Unit H.
❑ The property is nonconforming due to substandard setbacks, inadequate off -
street parking, and exceeding the allowable density- seven existing dwelling units
on a lot where only two 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-
042-19; is 50' -0" x 110' -0" in size; and comprises 5,500 square feet in area.
❑ The surrounding land use and zoning are as follows:
NORTH: Single and multi - family
Density (RHD -20) zone.
SOUTH: Single and multi - family
Density (RHD -20) zone.
EAST: Single and multi - family
Density (RHD -20) zone.
WEST: Single and multi - family
Density (RHD -20) zone.
residences in the Residential High
residences in the Residential High
residences in the Residential High
residences in the Residential High
❑ The subject property is presently developed as a two -story, multi - family dwelling
with seven total dwelling units. The property was granted a Minor Use Permit in
January 2011 to reduce the total number of dwelling units on the property from
eight to seven. There are four, single -car garages located at the rear alley that
are associated with the property.
❑ Due to the nonconforming rear yard setback, there is not adequate space to park
automobiles within the area between the garages and the rear property line.
❑ The property has been utilized as a short-term vacation rental property since at
least 2007.
❑ As of September 28, 2012, Staff has received no correspondence in response to
the hearing notices that were mailed out and published for the proposed project.
2
Planning Commission Staff Report
Conditional Use Permit 12 -11
1001 Ocean Avenue, Unit H
October 3, 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, multi-
family structure at 1001 Ocean Avenue, Unit H. While the subject property does have a
total of seven dwelling units on the premises, this request is only for the authorization of
one dwelling unit (Unit H) to be utilized as a short -term vacation rental. The other
dwelling units are presently used as long -term rentals and the property owners
presently live on the premises (Unit E).
N
Planning Commission Staff Report
Conditional Use Permit 12 -11
1001 Ocean Avenue, Unit H
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 CLIP 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 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 applicants, staff recommends
that occupancy be limited to not more than two adults and two minor children, primarily
because of the size of the unit and constraints with the amount of off - street parking
provided on the premises. The subject unit is comprised of one bedroom and staff is
recommending that one garage be assigned to the vacation rental unit and that said
garage be kept free and clear of any obstructions that would prevent the occupants'
4
Planning Commission Staff Report
Conditional Use Permit 12-11
1001 Ocean Avenue, Unit H
October 3, 2012
automobile from utilizing the garage for parking at all times. This CLIP would authorize
the utilization of only Unit H as a short-term vacation rental unit.
Staff has no reason to believe that, if the property owners 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.
RECOMMENDATION:
Staff recommends the Planning Commission, after considering all relevant testimony,
written and oral, presented during the public hearing, approve Conditional Use Permit
12-11, 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
Planning Commission Staff Report
Conditional Use Permit 12 -11
1001 Ocean Avenue, Unit H
October 3, 2012
For: October 3, 2012
aero e O )era, AICP
Se for, anner, Department of Community Development
Attachments: (3)
Attachment 1: Resolution No. 12 -21, A Resolution of the Planning Commission
of the City of Seal Beach, approving Conditional Use Permit 12-
11, for the establishment of a short-term vacation rental
property, within the Residential High Density (RHD -20) zone at
1001 Ocean Avenue, Unit H, Seal Beach.
Attachment 2: Interim Ordinance Number 1619 -U regarding short-term
vacation rental properties.
Attachment 3: Project Plans
0
Planning Commission Staff Report
Conditional Use Permit 12 -11
1001 Ocean Avenue, Unit H
October 3, 2012
ATTACHMENT 1
• y i y y r•!• • � • y
7
Planning Commission Staff Report
Conditional Use Permit 12-11
1001 Ocean Avenue, Unit H
October 3, 2012
IN RESOLUTION • THE PLANNING
COMMISSION • THE CITY • SEAL BEACH
APPROVING CONDITIONAL USE PERMIT 12-11,
TO ALLOW A SHORT-TERM VACATION RENTAL
PROPERTY, WITHIN THE RESIDENTIAL HIGH
DENSITY (RHD-20) ZONE AT 1001 OCEAN
AVENUE, UNIT H, SEAL BEACH
TAE PLANNIRG COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On July 13, 2012, David and Kim Gasper ("the applicants") filed an
application for Conditional Use Permit (CUP) 12-11 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 1001
Ocean Avenue, Unit H.
Section 3. Pursuant to 14 Calif, Code of Regs. § 15303, staff has determined
as follows: The application for Conditional Use Permit 12-11 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
12-11. 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 13, 2012, the applicants filed an application for Conditional Use
Permit 12-10 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 1001 Ocean
Avenue, Unit H.
H.,
Planning Commission Staff Report
Conditional Use Permit 12-11
1001 Ocean Avenue, Unit H
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
Town".
e. The subject property is described as Orange County assessor's parcel #
199-148-13; is 50'-0" x 110'-0" in size; and comprises 5,500 square feet in area.
f. Surrounding land uses and zoning are as follows:
NORTH: Single and multi-family residences within the
Residential High Density (RHD-20) zone.
SOUTH: Single and multi-family residences within the
Residential High Density (RHD-20) zone.
WEST: Single and multi-family residences within the
Residential High Density (RHD-20) zone.
EAST: Single and multi-family residences within the
Residential High Density (RHD-20) zone.
9- As of September 28, 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 12-11, 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 12-11 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
M
Planning Commission Staff Report
Conditional Use Permit 12-11
1001 Ocean Avenue, Unit H
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 12-11, subject to the following conditions:
1 Conditional Use Permit 12-11 is approved for the operation of a short-term
vacation rental within the Residential High Density (RHD-20) zone at 1001
Ocean Avenue, Unit H.
2. This Conditional Use Permit authorizes the utilization of only one dwelling unit
(Unit H) on the property as a short-term vacation rental,
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 owners must maintain a business license while operating a short-
term vacation rental at the subject premises.
5. The property owners 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 adults and two minor children as
overnight guests in the vacation rental unit.
H
Planning Commission Staff Report
Conditional Use Permit 12-11
1001 Ocean Avenue, Unit H
October 3, 2012
8. The property owners 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 owners 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. All individual garages on the property shall remain free and clear of any and all
obstructions that may preclude occupants from utilizing the garage spaces for
parking. One garage shall be available at all times for use by the occupants of
Unit "H".
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 owners 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 owners 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 owners 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 • the exterior • 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 -11
1001 Ocean Avenue, Unit H
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 owners or property manager and a telephone number at
which that party may be reached at all times.
16. The property owners 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 -11, 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 Cii�t r
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 12-11
1001 Ocean Avenue, Unit H
October 3, 2012
Planning Commission to modify any • the conditions • approval, up to and
including the revocation • 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
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
, 2012, by the following vote:
Ila
AYES:
Commissioners
ABSTAIN:
Commissioners
•
M111111ibli-IMIC-I&I
Planning Commission Staff Report
Conditional Use Permit 12-11
1001 Ocean Avenue, Unit H
October 3, 2012
Sandra Massa-Lavitt
Chairwoman • the Planning Commission
Greg Hastings
Interim Secretary of the Planning Commission
14
Planning Commission Staff Report
Conditional Use Permit 12 -11
1001 Ocean Avenue, Unit H
October 3, 2012
ATTACHMENT 2
INTERIM ORDINANCE NUMBER 1619 -U
REGARDING SHORT -TERM VACATION RENTAL
PROPERTIES
15
ORDINANCE NUMBER
AN INTERIM ORDINANCE OF THE CITY OF SEAL BENCH
EXTENDING AND AMENDING ORDINANCE NUMBER 1018
IMPOSING INTERIM REGULATIONS ON NEW AND EXISTING
SHORT-TERM VACATION RENTALS AND DECLARING THE
0RGENCYTHERBOF
I FOLLOWS:
THE CITY COUNCIL OF THE CITY OF SEAL BEACH HEREBY ORDAINS AS
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 ReQuIations. 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 7uf this Ordinance.
Section 3. Term. This Ordinance shall expire, and the interim
regulations established hereby shall terminate 10 months and 15 days after the
date of its adoption unless extended by the City Council at a regularly noticed
public hearing pursuant 1u California Government Code Section G5858.
Section 4. {%EQA Finding. The City Council hereby finds that it can be
seen with certainty that there |mnn 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.
|tis therefore from California Environmental Quality Act review pursuant
io 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 byu fine not 10 exceed $1,0UO
or by imprisonment for a period not to exceed 6 months, or by both such fine and
imprisonment. Each and every day such a violation exists shall constitute a
separate and distinct violation of this Ordinance. In addition to the foregoing, any
violation of this Ordinance shall constitute a public nuisance and shall be subject
to abatement as provided by all applicable provisions of law. It shall be a violation
of this Ordinance for a property owner to permit or fail to correct within 3 days of
receiving notice: (I) any violation by a vacation renter of this Ordinance or
Chapter 7.15 of the Municipal Code (Noise) or (ii) any public nuisance created by
a vacation renter in violation of Chapter 7.35 of the Municipal Code.
Section 6. Legislative Findings, On May 12, 2012, the City Council
considered the adoption of this Ordinance at a duly noticed public hearing and on
the basis of the record thereof finds the following facts to be true.
a. The location and proximity to the coast makes it
popular destination for tourists, many of whom chouse¢xstayinnaoidenUa units
such ao, but not limited 1o, single-family and multiple-family dwelling unds,
apartment houses, oondominiumm, cooperative apartmente, triplexes, and
duplexes ona fewer than 3O days basis ae vacation rental units,
t. Based nn experience in the City and in other jurisdictions, it
is known that short-term vacation rentals have the potential to create negative
land use impacts for neighboring residential uses. These include but are not
Ordinance Number 1619-U
limited to noise disturbances due to late night arrivals and parties with numerous
guests and amplified music, insufficient parking, and unsanitary and unsightly
trash accumulation. These problems are exacerbated when multiple units on the
same property are rented on a short-term basis at the same time and/or to large
groups. Moreover, because short-term occupants do not stay in the residence
for longer periods, they and their guests have less personal incentive to
moderate their behavior to avoid negatively impacting neighboring residents.
C. The City Council previously enacted Section 11.4.05.135 of
the Municipal Code, which requires vacation rentals to meet certain minimum
operational standards. Notwithstanding enactment of Section 11.4.05.135, some
vacation rentals in the City have continued to negatively impact neighboring
residents.
d. After the adoption of Ordinance Number 1618-U, the City
Community Development Department began to study the adequacy of its existing
ordinances regulating vacation rentals. The Planning Commission, the City
Council and the people of Seal Beach require a reasonable, limited, yet sufficient
period of time to consider and study legally appropriate and reasonable policies
regulating vacation rentals in order to prevent negative impacts on neighboring
residents. Given the time required to undertake the study and planning this
situation calls for, the City Council finds that it is necessary to enact interim
regulations to ensure that operation of vacation rentals that may be in conflict
with the contemplated new development policies are not permitted in the interim.
The City Council has the authority to adopt an interim ordinance pursuant to the
City Charter and Government Code Section 65858 in order to protect the public
health, safety, or welfare.
e. Accordingly, the City Council finds that there is a current and
immediate threat to the public health, safety and welfare presented by operation
of vacation rentals not in conformance with the interim regulations set forth below
in Section 7. The summer rental season is rapidly approaching and the
operation of vacation rentals pursuant to the City's existing regulations will result
in that threat to the public welfare unless the interim regulations are immediately
effective. Due to the foregoing circumstances, it is necessary for the
preservation of the public health, safety and welfare for this Ordinance to take
effect immediately. This Ordinance is an urgency ordinance for the immediate
preservation of the public peace, health, and safety within the meaning of
Government Code Section 36937(b) and therefore shall be passed immediately
upon its introduction and shall become effective immediately upon its adoption.
f. All legal prerequisites to the adoption of this Ordinance have
occurred.
Section 7. Interim Regulations. Notwithstanding any other ordinance or
provision of the Municipal Code of the City of Seal Beach, vacation rentals must
comply with the following interim regulations.
a. Conditional Use Permit Reguired. No vacation rentals shall
operate or be established unless the property owner obtains a conditional use
permit ("CUP") in compliance with Chapter 11.5.20 of the Municipal Code. To
mitigate the impacts of such rentals on the surrounding neighborhood and City
infrastructure and services, the City may impose reasonable conditions of
approval including but not limited to maximum occupancy levels, maximum visitor
levels, off-street parking requirements and traffic mitigation measures.
b. Limited to Old Town. Vacation rentals are conditionally
permitted only in Old Town (Planning Area 1 excepting Surfside). Vacation
rentals are prohibited in all other Planning Areas, including but not limited to the
areas commonly referred to as the Hill, Leisure World, College Park East, and
College Park West.
Ordinance Number 1G13-U
C. Business License Required. The property owner must
obtain a business license prior 8o operating r" establishing o 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. Visitor occupancy shall belimited
toa maximum of 29 consecutive days.
-- f. Fire and Life Safety. The property owner shall implement
and conform to fire and life omfe0/ 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 fine and life safety certification procedures of the Orange County Fine
k Secondary Use. A vacation rental in commercial zones shall
be conditionally allowed only in conjunction with anapproved commercial use.
i First-day arrival ata vacation rental is
prohibited after S:3Op.m. All lease or rental agreements must include this
j. Vacation renters must vacate the unit
before noon nn the final day of their tenancy,
k Renter Information and Acknowledgement. 9hm 10
occupancy ofo short-term vacation mn\e| uni<, the owner shall: (i) obtain the
name, oddreoo, and o copy of valid government identification ofthe 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, miea and regulations
pertaining 0o the use and occupancy of the short-term vacation rental by all
occupants of the ohur#enn vacation rental or their guests. The
acknowledgement must include the text of Section 7.45.010 of the Municipal
Code, which provides oofollows:
"Upon the initial response of the police any
disturbance involving loud, unnecessary and unusual noise, the
chief of police may, in lieu of or in addition to taking other action
authorized by law, give notice to the person or persons in actual or
apparent control of the activity creating the disturbance, or to the
person or persons in actual or apparent control of the property or
premises wherein the disturbance has occurred, or both, that
liability may be imposed upon the person or persons receiving such
notice for the costs to the city of any subsequent response by the
police department in connection with any continuation or
resumption of such disturbance. Such notification shall be in such
form as may be approved by the chief of police. The costs of any
subsequent response shall be assessed to the person or persons
receiving such notice and shall include all costs reasonably
incurred by the city in providing law enforcement services and
equipment at the scene of the disturbance, including the cost or
value of the time expended by police department personnel in
making any subsequent response. The method of computing such
costs shall be established by the chief of police and approved by
the city council. The finance department shall invoice such costs to
Ordinance Number 1619 -U
the person or persons liable therefor under this chapter, and such
costs shall constitute a debt to the city and be collectible by the city
in the same manner as in the case of an obligation under a
contract; provided, however, that in no event shall a person's
liability hereunder exceed $1,000 for any single subsequent
response."
This information and acknowledgment shall be maintained by the owner
for a period of three years and shall be readily available upon request of any '
police officer or employee of the city authorized to enforce this Ordinance or any
applicable law, rule or regulation pertaining to the use and occupancy of the
short-term vacation rental.
I. Trash. Trash and refuse must not be left stored within public
view, except in proper containers for the purpose of collection by the City's
authorized waste hauler on scheduled trash collection days. The owner or
property manager must provide sufficient trash collection containers and service
to meet the demand of the occupants.
M. Lease Terms: Each new lease or rental agreement for a
short-term vacation rental must have a copy of these Permit and Operational
Requirements attached to it and must include the following terms, notifications
and disclosures, which shall also be posted in a conspicuous location inside the
unit:
i. The trash pick -up day and applicable rules and
regulations pertaining to leaving or storing trash or refuse on the exterior of the
property.
ii. Notification that the occupant may be cited or fined by
the City for violation of any provision of the Municipal Code, including but not
limited to amplified sound, including radios, televisions and other electronic '
devices, that creates a noise disturbance in violation of Chapter 7.45 of the Seal
Beach Municipal Code.
iii. A recommendation that the occupant participate
voluntarily in neighborhood quiet hours by avoiding parties and loud social events
between the hours of 10:00 p.m. and 7:00 a.m.
iv. The name of the owner or property manager and a
telephone number at which that party may be reached at all times.
n. Response to Complaints. The property owner or manager
must provide the City with a phone number at which he or she can be contacted
on a 24 -hour basis regarding nuisance complaints arising at of from the use of
the property as a vacation rental. Upon receipt of a nuisance complaint or upon
notification that any occupant or guest of the short-term vacation rental has
created unreasonable noise or disturbances, engaged in disorderly conduct, or
committed violations of the Municipal Code or any state law, the owner or
property manager must respond within 45 minutes of receiving such notification
and must promptly take corrective action to immediately prevent a recurrence of
such conduct by those occupants or guests. Failure to timely respond to calls or
complaints as required or take timely corrective action regarding the condition,
operation, or conduct of occupants of the short-term vacation rental shall be a '
violation of this Ordinance. Nothing in this Ordinance shall be construed to
require or authorize an owner or property manager to act as a peace officer or to
intervene in situations that pose a risk to personal safety. The owner or property
manager must maintain records of the name, violation, date, and time of each
complaint, disturbance, and response and corrective action by owner. Such
records must be maintained for at least three years.
o. On -Site Property Owner or Property Manager Required for
Vacation Rentals In Excess of 2 Units. A property owner or property manager
shall reside on each site that contains more than 2 vacation rental units. Such
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 ounUy| unit to ensure that any potential secondary
effects unique to the subject vacation nmrda| unit are avoided or adequately
mitigated may be imposed pursuant hn any CUP required by this Ordinance.
Section 11, Abatement and Amortizatiow Licensed Vacation Rentals.
a. In order to continue renting any unit asavacation rental, the
property owner of any existing, licensed vacation rentals shall file anapplication
for mconditional use permit on or before July G' 2012. For the purpose of this
ordinance, "licensed" shall mean avaoation rental eetowhich asufJanuary 1.
2010. the property owner had and, themomftmr, has continuously maintained o
wsUd business |iuenma, and has registered to pay the Transient Occupancy Tox,
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 opportunity for each
property owner of an existing, licensed vacation rental 10 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 properly owners investment. Such
request must be made in writing setting forth the reasons for the request, a
proposed abatement period after which the owner either ceases renting any unit
for use cf evaomdon rental unit or obtains m CUP topermit such une, and all
supporting evidence. The owner mhuU bear the burden of proof. The City
Council shall consider the request at apubUc 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. Several0ty. If any section eubeacdon, mubdivision,
paragraph, sentence, clause or phrase of this ordinance or any part thereof is for
any reason held tobeinvalid, such invalidity shall not affect the validity ofthe
remaining portions ofthis ordinance or any part hnnecd' The City Council of the
City ofSeal Beach hereby declares that it would have passed each ueu1ion,
suboecUon, oubdkiuiom, paragraph, aan1enow, 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 masummary thereof hmbepublished
and posted in the manner required by law.
(intentionally Left Blank)
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:
msw
'M UP, - .
STATE OF CALIFORNIA I
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
NOES: Council Members
E
0;1*34,11 =Wyli'547. I
ABSTAIN: Council Members i 1&19
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.
Zity'berk
Planning Commission Staff Report
Conditional Use Permit 12 -11
1001 Ocean Avenue, Unit H
October 3, 2012
ATTACHMENT 3
PROJECT PLANS
ll