HomeMy WebLinkAboutCC Ord 1624-U 2012-10-22 ORDINANCE NUMBER 1624-U
AN URGENCY ORDINANCE OF THE CITY OF SEAL BEACH
APPROVING ZONE TEXT AMENDMENT 12-3 PROHIBITING
RENTAL OF RESIDENTIAL PROPERTY ON A SHORT-TERM
BASIS
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS
FOLLOWS:
Section 1. On October 3, 2012, the Planning Commission conducted a
duly noticed public hearing to consider prohibiting the short-term rental of
residential properties (Zone Text Amendment 12-3). After receiving public
testimony, the Commission adopted Planning Commission Resolution No.12-32,
recommending that the Council prohibit renting residential property for periods
less than 30 days.
Section 2. On October 22, 2012, the City Council conducted a duly
noticed public hearing on Zone Text Amendment 12-3. Persons spoke in favor of
and against short-term rentals.
Section 3. The City Council hereby finds:
A. The City's location and proximity to the coast makes it a popular
destination for tourists and visitors, many of whom choose to stay or hold events
in residential units such as, but not limited to, single-family and multiple-family
dwelling units, apartment houses, condominiums, cooperative apartments,
triplexes, and duplexes for fewer than 30 days.
B. The City Council previously enacted Section 11.4.05.135 of the
Municipal Code, which requires vacation rentals to obtain a conditional use
permit ("CUP") and 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.
C. On April 9, 2012, the City Council adopted Ordinance No. 1618-U,
imposing new interim regulations on new and existing vacation rentals. On May
14, 2012, the City Council adopted Ordinance No. 1619-U amending and
extending the interim regulations for new and existing vacation rentals, including
the requirement that all previously nonconforming vacation rentals obtain a
conditional use permit for such use.
D. Based on experience in the City and in other jurisdictions, it is
known that short term renting or leasing of residential properties have the
potential to create the negative land use impacts for neighboring residential uses.
These include but are not 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 parcel 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
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personal incentive to moderate their behavior to avoid negatively impacting
neighboring residents.
E. Accordingly, there is a current and immediate threat to the public
health, safety, and welfare presented by the expansion of the number of vacation
rentals in the City beyond the number of such uses that the City has previously
approved and for which the City has previously received a conditional use permit
application. The approval of any additional conditional use permits for vacation
rentals beyond those previously approved or those for which the City has
previously received an application will result in that threat to the public welfare
Ordinance Number 1624U
unless this Ordinance is 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. Approval of Zone Text Amendment 12-3 is categorically exempt
from review pursuant to the California Environmental Quality Act (CEQA)
pursuant to CEQA Guidelines Section 15305 (Minor Alterations in Land Use
Limitations), because it consists of minor alterations in land use limitations in
areas with an average slope of less than 20% and does not result in any changes
in land use or density; and Section 15061(b)(3), because it can be seen with
certainty that there is no possibility that the approval may have a significant effect
on the environment; and
G. Zone Text Amendment 12-3 is consistent with the City's General
Plan.
Section 4. The establishment of any new vacation rental is prohibited.
The City shall not accept any conditional use permit application for a vacation
rental after October 22, 2012. Applications submitted on or before October 22,
2012 shall be processed and may be approved in accordance with the provisions
of the Municipal Code and Ordinance No. 1619-U. Ordinance No. 1619-U is
superseded by this Ordinance and shall have no further effect except for the
limited purpose of processing and reviewing conditional use permit applications
for vacation rentals filed on or before October 22, 2012.
Section 5. The Municipal Code, including but not limited to Table
11.2.05.010, is amended to delete any reference to "vacation rentals." Table
11.2.05.010 of the Municipal Code is further amended to indicate that "Short
Term Rental of Residentially Zoned Property" is neither permitted nor
conditionally permitted in any zoning district of the City and to cross-reference
Section 11.4.05.135.
Section 6. Section 11.4.05.135 of the Municipal Code is amended to
read as follows:
"Short-Term Rental of Residentially Zoned Property.
A. Prohibited. No residentially zoned property, or any portion
thereof, shall be leased or rented for a term of 29 days or
less for any purpose, including but not limited to any
residential or commercial purpose such as vacation rentals,
weddings, or other event rentals.
B. Legal Nonconforming Vacation Rentals. Any vacation rental
granted a conditional use permit pursuant to Ordinance No.
1619-U shall be a legal nonconforming use permitted to
continue subject to its conditions of approval and Chapter
11.4.40 of the Zoning Code."
Section 7. Pursuant to Ordinance No. 1619-U, the City issued
conditional use permits ("CUPs") for a number of vacation rentals. One of the
conditions of approval attached to each CUP is the requirement that the property
owner comply with the permit and operational requirements set forth in
Ordinance No. 1619-U. In that Ordinance No. 1619-U will be superseded upon
the effective date of this Ordinance, such standards are restated below. Each
property owner who has a CUP for a vacation rental must comply with the
following permit and operational requirements:
Ordinance Number 1624-U
A. Business License Required. The property owner must obtain a
business license prior to operating or establishing a vacation rental.
B. 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.
C. Maximum Length of Stay. Visitor occupancy shall be limited to a
maximum of 29 consecutive days.
D. Fire and Life Safety. Fire and life safety requirements as required
by the Fire Authority and the Building Department shall be implemented. 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.
E. Annual Inspection. Each vacation rental shall comply with the
annual fire and life safety certification procedures of the Orange County Fire
Authority.
F. Check-in Time. First-day arrival at a vacation rental is prohibited
after 9:30 p.m. All lease or rental agreements must include this prohibition.
G. Check-out Time. Vacation renters must vacate the unit before
noon on the final day of their tenancy.
H. Renter Information and Acknowledgement. Prior to occupancy of a
short-term vacation rental unit, the owner shall: (i) obtain the name, address,
and a copy of a valid government identification of the primary adult occupant of
the short-term vacation rental; and (ii) require the primary adult occupant to
111
execute a formal acknowledgement that he or she is legally responsible for
compliance of all occupants of the short-term vacation rental or their guests with
all applicable laws, rules and regulations pertaining to the use and occupancy of
the short-term vacation rental. 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 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."
Ordinance Number 1624U
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.
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.
J. 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:
1. The trash pick-up day and applicable rules and regulations
pertaining to leaving or storing trash or refuse on the exterior of the property.
2. 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.
3. 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.
4. The name of the owner or property manager and a
telephone number at which that party may be reached at all times.
K. 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 or 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.
Section 8. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this Ordinance or any part thereof is for any reason held to
be invalid, such invalidity shall not affect the validity of the remaining portions of
this Ordinance or any part hereof. The City Council of the City of Seal Beach
hereby declares that it would have passed each section, subsection, subdivision,
paragraph, sentence, clause or phrase hereof, irrespective of the fact that any
one or more sections, subsections, subdivisions, paragraphs, sentences, clauses
or phrases be declared invalid.
Ordinance Number 1624-U
Section 9. The City Clerk shall certify to the passage and adoption of
this Ordinance and shall cause the same or a summary thereof to be published
and posted in the manner required by law.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a
regular meeting held on the 22nd day of October , 2012.
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ATTEST: 1;1 o-=% APPROVED AS TO FORM:
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•a, , .,' _ AL �9UNTYM/
Cit Clerk City Attorney
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby
certify that the foregoing ordinance is an original copy of Ordinance Number 111 1624U 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 22nd day of October,
2012 by the following vote:
AYES: Council Members: ..!l,, ii €SIS fl , P 442,j IL
�NOES: Council Members: I
ABSENT: Council Members: ` / jOr(i/
ABSTAIN: Council Members:
and do hereby further certify that Ordinance Number 1624U has been published
pursuant to the Seal Beach City Charter and Resolution Number 2836.
ti A. AJLui
'ity lerk 1
•
, Ordinance Number 1624U
•I PROOF OF PUBLICATION This space is for the County
(2015.5 C.C.P.) Clerk's Filing Stamp
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United States
and a resident of the county afore-
said; I am over the age of eighteen Proof of Publication of
years, and not a party to or inter-
ested in the above-entitled matter. of'29,days'or,less.for any..
-- purpose.,This would;include
I am the principal clerk of the printer S U M+M•AtR Y ORDI '. ',.t, our rose and would prohibit.
NANCE NUMBER 1624•0 '( entndraiii homesmot pnlyg��
of the SEAL BEACH SUN, a gl"' for vacauon use,"but also
'fAN URGENCY ORDI .forevents such as weddings-.
newspaper of general circulation, . NANCE+'OFTHE CITY'OF , .and - ies ,•y;SEAL BEACH APPROW4 In
printed and published weekly in the ING ZONE TEXT AMEND Because all:of'the CUPS
'MENT 12-3 PROHIBITING. approved to date,:incorpo--
City of Seal Beach, County of RENTAL'OF:RESIDEN-c, .rate by reference the.per-
. TIAL':PROPERTY ON`A mittingcand roperational
Orange and which newspaper has SHORT-TERM.BASIS_ - .:"requirements set 1orth-in
been adjudged a newspaper of ,. j ordinance•No 1619-U; the
J.
The City council adopted non-codified portionsof The
general circulation by the Superior .ordnance.No 16240;arid draft Ordnancesiprovided
.'introduced2Ordmange_No to the:Council restate those.,
Court of the County of Orange, State -4624 at-the October 22.t requirements and require the..
i - 2072 meeting: The urgency .continue to comply wth the
of California, under the date of ordnance went nto:effect t requirements
2/24/75. Case Number A82583, that "er woald rgo and the�tat
-:'ter would go lento effect 30 .The'Or`dmances install s
the notice of which the annexed is a '_.days:after second reading., .-opinion.:areiconsistent.with�
rand supersede the urgency the .Git s GeneraliPlan. -
printed copy (set in t e not smaller ordinances The purpose of,, A ro al of-ZoneText ,
p pY ( type this dual approach was to ° Amendment 12-3 will,nei ,
than nonpareil), has been published guamd With nbvcrty being thenconflict with anyprovi-
. flooded wrth.new CUP appli ,sion cif,'the Gen`eial Plan,
in each regular and entire issue of _cationswhile.waitingtorme4 nor impede the attainment
non urgency ordinance tog"o .n im edel e-atiaiveent.
said newspaper and not in any me effec+. -t
Y ,.- policy_stated•therein: More.,
supplement thereof on the following These orainances wdia' }spec�e Nilshort a m'bentalsfa
accomplish.the following::: ' anynewisAmendmeenta-,
dates, to-wit: The establishment of new swill ensure and protect he
` -vacation rentals would:.be will ensir char aprot ctthe
N\O- `e f 1_ t ;prohibited�'' P.ropertes that -residential•areastidentified'
IIf\VI +Vl V!J\� 'are granted-0 19-U,would'
der r in the'General Plan's Land'
Ordinance No 1619 U Use'Element
all in the year 2012. --be allowed to continue open
fkating as nonconforming uses,,..,.,, Number1624_u•
-subject to,their conditions of,. -
'approval and the City's Stan was'adopted at a regularCity
dard're ulations.re ardiri t' Council meeting of October
I certify (or declare) under p a natty of the expansion or modifica, 22 y2012 by the:following
perjury that the foregoing is true and Lion of:nonconforming uses , vote ', -
found-in Chapter 1114:40 of - AYES: :Deatonr
correct. the Zoning Code. ppThe cut- MiYES -Shanks,
would be'Octoberp22,-2012. ...Levitt;Sloan;:;:
Appplicatione-reoeive .on or k ' ' NOES -:
Dated at Seal Beach, CA, before•this•date would be None
reviewed and considered Inl + Motion
• day of �NCJI 012. the same manner a those I earned. ,
v/ that havealreadxyreceiveda A copy of Ordinance
_
r public hearing..Applicatio22 r NumberA624 U is available•IL received after cctober22 •
(_ would cessin.be accepted'for sea bea h aw ov I?orfr m
Signature -processing.,.. . r ::- Nthe'office•of the City Clerk;;
The fv_luni di palrCode ' ci Hae•of.t °6th.:Street,_
PUBLICATION PROCESSED BY ;would be amended to pro r ry,
=;titbit Me-leaseNit renfai,oi 14 Seal Beach telephone(562);
THE SEAL BEACH SUN -any residential property;or 1431-2,. j;
216 Main Street , any part thereor for_a=terrn, DATED THIS 23rd;day of_• �'October 2012 . ,? ,
Seal Beach, CA 90740 Cndaoewne cttyclerk .'
Cityof Seal Beach
(562) 430 7555 >subli s th
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Publi
BeachtStYn\ 11/1/2012'
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