HomeMy WebLinkAbout4 - CUP 12-12 (1605 Seal Way)October 3, 2012
STAFF REPORT
To: Honorable Chairwoman and Planning Commission
From: Department of Community Development
Subject: Conditional Use Permit 12 -12
1605 Seal Way
GENERAL , ! ■
Applicants: FRANK AND JENNY TomICH
Owners: FRANK AND JENNY TOMICH
Location: 1605 MEAL WAY
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 -12, SUBJECT TO CONDITIONS. APPROVAL
SHOULD BE THROUGH THE ADOPTION OF PLANNING
COMMISSION RESOLUTION 12 -22.
ZAConditional Use PermitslCUP 12 -12 1605 Seal Way (Vacation Rental )\CUP 12 -12 1605 Seal Way PC Staff Report.doc
Planning Commission Staff Report
Conditional Use Permit 12-12
1605 Seal Way
October 3, 2012
I
FACTSJ
❑ On July 6, 2012, Frank and Jenny Tomich ("the applicant") filed an application
with the Department of Community Development for Conditional Use Permit 12-
12 for a short-term vacation rental property at 1605 Seal Way.
❑ The property is nonconforming due to a substandard rear yard setback,
substandard off -street parking, and exceeding the allowable density- three
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.
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❑ The surrounding land use and zoning are as follows:
NORTH: Single and multi-family residences in the Residential High
Density (RHD-20) zone.
SOUTH: Boardwalk; Beach; Pacific Ocean.
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 three-story, duplex main
dwelling towards the front of the property (beach side), and a detached, two-
story structure at the rear of the property with a two car garage and third dwelling
unit on the second floor of the detached structure.
❑ 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. However, there are two additional open parking spaces adjacent
to the garage that are accessible from Seal Way.
❑ The property was most recently sold in May 2012 and to staffs knowledge, has
never been used as a legal, short-term vacation rental property.
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Planning Commission Staff Report
Conditional Use Permit 12-12
1605 Seal Way
October 3, 2012
LI As of September 28, 2012, staff has received one email in opposition to the
project, in response to the hearing notices that were mailed out and published for
the proposed project.
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 a new not previously 'grandfathered') short-term vacation
rental property (renting for periods less than 30 days) within an existing, three-unit
residential property at 1605 Seal Way.
Planning Commission Staff Report
Conditional Use Permit 12-12
1605 Seal Way
October 3, 2012
IDISCUSSION
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 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.
The property owners are requesting to utilize the two units located within the three-story
structure as short-term vacation rentals. The first floor unit is a two bedroom, two
bathroom unit that is approximately 900 square feet in area. The second unit
comprises the second and third floors; is a three bedroom, two bathroom unit, and is
Planning Commission Staff Report
Conditional Use Permit 12-12
1605 Seal Way
October 3, 2012
approximately 1,500 square feet in area Based on the site plan and floor plan
submitted by the applicants, staff recommends that occupancy be limited to not more
than eight total guests for the three bedroom upstairs unit and not more than four total
guests for the two bedroom downstairs unit, primarily because of the size of the units
and constraints with the amount of off-street parking provided on the premises. There
is a two car garage available on the premises, as well as two additional off-street
parking spaces, and staff is recommending that all existing off-street parking be
assigned to the two vacation rental units. One of the property owners presently live on
the premises in the rear studio apartment located above the garages and has notified
staff that he owns one car, which he parks on the street. Staff also recommends that
the garage be kept free and clear of any obstructions that would prevent the vacation
rental occupants' automobiles from utilizing the garage for parking at all times. This
CUP would authorize the utilization of the two main existing dwelling units on the
property as short-term vacation rental units, and not the studio unit located above the
garage.
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.
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Planning Commission Staff Report
Conditional Use Permit 12-12
1605 Seal Way
October 3, 2012
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
12-12, subject to conditions as proposed and as may be amended by the Planning
Commission.
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12
(Vera, AICP
nner, Department of Community Development
Attachments: (4)
Attachment 1: Resolution No. 12-22, A Resolution of the Planning Commission
of the City of Seal Beach, approving Conditional Use Permit 12-
12, for the establishment of a short-term vacation rental
property, within the Residential High Density (RHD-20) zone at
1605 Seal Way, Seal Beach.
Attachment 2: Interim Ordinance Number 1619-U regarding short-term
vacation rental properties.
Attachment 3: Email received in opposition to the proposed project
ma",
Planning Commission Staff Report
Conditional Use Permit 12 -12
1605 Seal Way
October 3, 2012
ATTACHMENT 1
RESOLUTION NUMBER 12 -22, A RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY
OF SEAL BEACH APPROVING CONDITIONAL
USE PERMIT 12 -12, FOR THE ESTABLISHMENT
OF A SHORT -TERM VACATION RENTAL
PROPERTY, WITHIN THE RESIDENTIAL HIGH
DENSITY (RHD -20) ZONE AT 1605 SEAL WAY,
SEAL BEACH.
Planning Commission Staff Report
Conditional Use Permit 12-12
1605 Seal Way
October 3, 2012
A RESOLUTION • THE PLANNING
COMMISSION • THE CITY • SEAL BEACH
APPROVING CONDITIONAL USE PERMIT 12-12,
• ALLOW ♦ SHORT-TERM VACATION RENTAL
PROPERTY, WITHIN THE RESIDENTIAL HIGH
DENSITY (RHD-20) ZONE AT 1605 SEAL WAY
SEAL BEACH
THE PLANNING COMMISSION • THE CITY • SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On July 6, 2012, Frank and Jenny Tomich ("the applicants") filed an
application for Conditional Use Permit (CUP) 12-12 with the Department of Community
Development.
Section 2. The applicants are requesting a CUP for the operation of a short-
term vacation rental property within the Residential High Density (RHD-20) zone at
1605 Seal Way.
Section 3. Pursuant to 14 Calif. Code of Regs. § 15303, staff has determined
as follows: The application for Conditional Use Permit 12-12 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
12-12. 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 6, 2012, the applicants filed an application for Conditional Use
Permit 12-12 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 1605 Seal Way.
U.,
Planning Commission Staff Report
Conditional Use Permit 12-12
1605 Sea/ Way
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
I
e. The subject property is described as Orange County assessor's parcel #
199-094-34; is 25'-0" x 100'-0" in size; and comprises 2,500 square feet in area.
f. Surrounding land uses and zoning are as follows:
NORTH: Single and multi-family residences within the
Residential High Density (RHD-20) zone.
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 one email in opposition to
the project, in response to the public hearing notices that were mailed and published
regarding the subject application.
Section 6. Based upon the facts contained in the record, including those
stated in §5 of this resolution and pursuant to Chapters 11.2.05; 11.4.05.135; and
11.5.20 of the Code of the City of Seal Beach, the Planning Commission makes the
following findings:
a. CUP 12-12, 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 12-12 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;
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Planning Commission Staff Report
Conditional Use Permit 12-12
1605 Seal Way
October 3, 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;
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 12-12, subject to the following conditions:
1 Conditional Use Permit 12-12 is approved for the operation of a short-term
vacation rental within the Residential High Density (RHD-20) zone at 1605 Seal
Way.
2. This Conditional Use Permit authorizes the utilization of both dwelling units
located in the detached three-story structure on the property as short-term
vacation rentals, and not the studio unit located above the detached garage.
3. The property owners must obtain a business license prior to operating or
establishing a short-term vacation rental and maintain said license while all
short-term vacation rental operations occur.
4. The property owners must complete the Transient Occupancy Tax Remittance
form with the City's Department of Finance prior to operating or establishing a
vacation rental, and shall pay the Transient Occupancy Tax in accordance with
the Seal Beach Municipal Code.
5. The applicants 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.
6. Visitor occupancy shall be limited to a maximum stay of 29 consecutive days.
7. There shall be no more than a total of eight overnight guests in the three
bedroom unit located on the second and third floors and a maximum of four
overnight guests in the two bedroom ground floor unit.
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Planning Commission Staff Report
Conditional Use Permit 12-12
1605 Seal Way
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. The two-car garage and adjacent two off-street parking spaces 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 short-term
rental occupants to use 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 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 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
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Planning Commission Staff Report
Conditional Use Permit 12-12
1605 Seal Way
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 names 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 12-12, 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. Ro 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
itV
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 12-12
1605 Seal Way
October 3, 2012
Planning Commission to modify any of the conditions of approval, lip 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
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 applicants 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
Mtj A A I I A I P-14 I #j A EQ
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Planning Commission Staff Report
Conditional Use Permit 12-12
1605 Seal Way
October 3, 2012
Sandra Massa-Lavitt
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 -12
1605 Seal Way
October 3, 2012
ATTACHMENT 2
INTERIM ORDINANCE NUMBER 1619 -U
REGARDING SHORT -TERM VACATION RENTAL
PROPERTIES
15
ORDINANCE NUMBER 1619 -U
AN INTERIM ORDINANCE OF THE CITY OF SEAL BEACH
EXTENDING AND AMENDING ORDINANCE NUMBER 1618
IMPOSING INTERIM REGULATIONS ON NEW AND EXISTING
SHORT -TERM VACATION RENTALS AND DECLARING THE
URGENCY THEREOF
I THE CITY COUNCIL OF THE CITY OF SEAL BEACH HEREBY ORDAINS AS
FOLLOWS:
Section 1. Ordinance Number 1618 -U. On April 9, 2012, the Seal
Beach City Council adopted Ordinance Number 1618 -U, imposing new interim
regulations on new and existing vacation rentals. This Ordinance extends and
amends the interim regulations for new and existing vacation rentals established
by Ordinance Number 1618 -U.
Section 2. Interim Regulations. Notwithstanding any other ordinance or
provision of the Municipal Code, no property shall be used as a vacation rental
while this Ordinance is effective except as permitted by the interim regulations
set forth in Section 7 of this Ordinance.
Section 3. Term. This Ordinance shall expire, and the interim
regulations established hereby shall terminate 10 months and 15 days after the
date of its adoption unless extended by the City Council at a regularly noticed
public hearing pursuant to California Government Code Section 65858.
Section 4. CEQA Finding. The City Council hereby finds that it can be
seen with certainty that there is no possibility the adoption of this ordinance, and
' establishment of the interim regulations thereby, will have a significant effect on
the environment. The ordinance imposes greater limitations on vacation rentals
in the City than the limitations currently required under the Municipal Code, and
will thereby serve to reduce potential significant adverse environmental impacts.
It is therefore exempt from California Environmental Quality Act review pursuant
to Title 14, Section 15061(b)(3) of the California Code of Regulations.
Section 5. Penal . Violation of any provision of this Ordinance shall
constitute a misdemeanor and shall be punishable by a fine not to exceed $1,000
or by imprisonment for a period not to exceed 6 months, or by both such fine and
imprisonment. Each and every day such a violation exists shall constitute a
separate and distinct violation of this Ordinance. In addition to the foregoing, any
violation of this Ordinance shall constitute a public nuisance and shall be subject
to abatement as provided by all applicable provisions of law. It shall be a violation
of this Ordinance for a property owner to permit or fail to correct within 3 days of
receiving notice: (i) any violation by a vacation renter of this Ordinance or
Chapter 7.15 of the Municipal Code (Noise) or (ii) any public nuisance created by
a vacation renter in violation of Chapter 7.35 of the Municipal Code.
Section 6. Legislative 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 City's location and proximity to the coast makes it a
popular destination for tourists, many of whom choose to stay in residential units
such as, but not limited to, single - family and multiple - family dwelling units,
apartment houses, condominiums, cooperative apartments, triplexes, and
duplexes on a fewer than 30 days basis as vacation rental units.
b. Based on experience in the City and in other jurisdictions, it
is known that short-term vacation rentals have the potential to create negative
land use impacts for neighboring residential uses. These include but are not
Ordinance Number 1619-U
limited to noise disturbances due to late night arrivals and parties with numerous
guests and amplified music, insufficient parking, and unsanitary and unsightly
trash accumulation. These problems are exacerbated when multiple units on the
same property are rented on a short-term basis at the same time and/or to large
groups. Moreover, because short-term occupants do not stay in the residence
for longer periods, they and their guests have less personal incentive to
moderate their behavior to avoid negatively impacting neighboring residents.
C. The City Council previously enacted Section 11.4.05,135 of
the Municipal Code, which requires vacation rentals to meet certain minimum
operational standards. Notwithstanding enactment of Section 11.4.05,135, some
vacation rentals in the City have continued to negatively impact neighboring
residents.
d. After the adoption of Ordinance Number 1618-U, the City
Community Development Department began to study the adequacy of its existing
ordinances regulating vacation rentals. The Planning Commission, the City
Council and the people of 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 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 1G19-U
C. Business License Required. The property owner must
obtain a business license prior to operating or establishing a vacation rental.
d. The property owner must
complete the Transient Tax Remittance form prior to operating or
establishing a vacation rental and anan pay the Transient Occupancy Tax in
accordance with the Seal Beach Municipal Code.
e. Visitor occupancy shall be limited
tme maximum of29 consecutive days.
-- fshall
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 Hnm
b Secondary Use. A vacation rental in commercial zones shall
be conditionally allowed only hn conjunction with an approved commercial use.
i First-day arrival at vacation rental is
prohibited after Q:30p.m. All lease urrental agreements must include this
j� renters must vacate the unit
before noon on the final day of their tenancy,
N� k Renter Information and Acknowleclaement. prior to
n�
occupancy cfu short-term vacation rental unit, the owner shall: (i) obtain the
name, addresa, and s copy ofavalid government identification ofthe primary
adult occupant of the short-term vacation rental; and (ii) require the primary adult
occupant to execute u formal acknowledgement that he or she is |oQaUy
responsible for compliance with all applicable |uwa, m|oo and regulations
pertaining to the use and occupancy ofthe 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 adebt to the city and bacollectible by the city
in the same manner as in the case of an obligation under o
contract; pmvided, howava/, 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 period m three years and shall oareadily available upon request many
police officer or employee of the city authorized to enforce this Ordinance or any
applicable |mw, m|a or regulation pertaining to the use and occupancy ofthe
short-term vacation rental.
i Trash. Trash and refuse must not boleft stored within public
view, 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 rental agreement bn
short-term vacation rental must have a copy ofthese Permit and Operational
Requirements attached hoband must include the following terms, noh0uatkmu
and disclosures, which shall also be posted in aoonapicuous location inside the
unit:
i. The trash 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 ba cited nr fined by
the City for violation of any provision of the Municipal Code, including but not
limited to amplified muund, including najios. televisions and other electronic
devimsn, that creates a noise disturbance in violation of Chapter l45 of the Seal
N�
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 ofthe owner or property manager and
telephone number ad which that party may bo reached ut 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 off icer 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 1G19-U
property owner or property manager shall be responsible for compliance with the
operational and performance standards set forth |n this Ordinance.
. p Additional cund�onoon 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 u vacation nanta|, the
property owner of any existing, licensed vacation rentals shall file an application
for econditional use permit on or before July 6. 2012. For the purpose of this
ordinance, "licensed" mhu|| mean avaoation rental uehuwhich as of January 1,
2O1O. the property owner had and, thereafter, has continuously maintained a
valid business Umanee, and has registered to pay the Transient Occupancy Tax,
and has paid such bxw in full compliance with the Title 4: Revenue and Finance,
Chapter 4,35: Transient Occupancy Tax of the Municipal Code.
b Interim Ordinance Number 1810-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, mextension of the terms and provisions of
this ordinance, in order 0o amortize the property owners investment. Such
request must be made in writing setting forth the reasons for the request, a
proposed abatement period after which the owner either
for use of avacadon rental unit or obtains a CUP Un pwnnh such une, and all
supporting evidence. The owner shall bear the burden of proof. The City
Council shall consider the request at e public hearing and may consider the
following: (|) the length of the proposed abatement period in |md 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, nubdivision,
paragraph, 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 cf
this Ordinance and shall cause the same cvo summary thereof tobapublished
and posted in the manner required by law.
(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 Seat 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:
ASSENT: Council Members i AgnjN& -
ABSTAIN: Council Members
and do hereby further certify that Urgency Ordinance Number 1619-U has been
published pursuant to the Seal Beach City Charter and Resolution Number 2836.
'CV01erk
11
7
Planning Commission Staff Report
Conditional Use Permit 12 -12
1605 Seal Way
October 3, 2012
ATTACHMENT 3
16
Jerry Olivera
From: Jerry Olivera
Sent: Thursday, September 13, 2012 10:25 AM
To: Jerry Olivera
Sulbject: FW: 1605 Seal Way and 1606 1/2 Ocean
bear Ellery,
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 Beach.
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 into (heir 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.
• Noise and partying issues.
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
1
Planning Commission Staff Report
Conditional Use Permit 12-12
1605 Seal Way
October 3, 2012
ATTACHMENT 4
PROJECT PLANS
17