HomeMy WebLinkAbout3 - CUP 12-21 (247 17th Street)December 5, 2012
STAFF REPORT
From: lo: Monorable Chairwoman and Planning Commission
Department of • Development
Subject: Conditional Use Permit 12 -21
24717 th Street
GENERAL DESCRIPTION
Wo.plicants. ROBERT
Owners: ROBERT AND NANCY BECK
Location: 24717TH STREET
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, AND SECTION 15305, MINOR
ALTERATIONS IN LAND USE LIMITATIONS.
Code Sections: CHAPTERS 11.2.05; 11.4.05.135; AND 11.5.20 OF THE SEAL
BEACH MUNICIPAL CODE
Recommendation: APPROVE CUP 12-21, SUBJECT TO CONDITIONS. APPROVAL
SHOULD BE THROUGH THE ADOPTION OF PLANNING
COMMISSION RESOLUTION •
Planning Commission Staff Report
Conditional Use Permit 12-21
247 17' Street
December 5, 2012
❑ On October 3, 2012, Robert and Nancy Beck ("the applicants") filed an
application with the Department of Community Development for Conditional Use
Permit 12-22 to permit them to use the property at 247 17th Street (the "subject
property") as a short-term "vacation rental" (i.e., renting the property for periods
less than 30 days).
L-1 Property owners may apply for a conditional use permit for a short-term vacation
rental, provided the application was filed on or prior to October 22, 2012.
❑ Notice of the public hearing to consider the application was mailed to all
properties within 500 feet of the subject property.
❑ The Planning Commission opened the public hearing regarding CUP 12-20 on
November 7, 2012. At the public hearing, the Planning Commission received
testimony and due a request by the Commission for additional information from
staff, continued the public hearing to the December 5, 2012 regular meeting,
❑ The subject property is described as Orange County assessor's parcel # 199-
054-05; is 25-0" x 100'-0" in size; and comprises 2,500 square feet in area.
❑ The public rights-of-way abutting the property are a 40' wide street at the front of
the property (17th Street) and a 12' wide alley at the rear of the property providing
vehicle access to the garage.
❑ The surrounding land use and zoning are as follows:
NORTH: Single and multi-family residences in the Residential High
Density (RHD-20) zone.
SOUTH: Single and multi-family residences in the Residential High
Density (RHD-20) zone; Boardwalk; Public Beach.
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 property presently consists of a legal, nonconforming, two-story, duplex
dwelling. The property is nonconforming due to density (two units on a lot where
today's code would only allow one unit) and Substandard off-street parking (a
single, two-car garage provided where two, two-car garages would be required
under today's code).
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Planning Commission Staff Report
Conditional Use Permit 12-21
247 17m Street
December 5, 2012
❑ The downstairs dwelling unit consists of two bedrooms and one bathroom; the
upstairs dwelling unit consists of three bedrooms and two bathrooms. There is
outdoor patio/deck space provided at the front of both units.
❑ There is adequate space to park an automobile in front of the garages, however,
because of the duplex configuration, this could only be utilized if the same or a
related party occupied both units.
❑ As of November 28, 2012, Staff has received one letter in opposition in reponse
to the public hearing notices that were mailed to residents within 500' of the
subject property.
BACKGROUND
The applicants bought the property with an existing duplex in November 2005.
According to City records, the City issued the first business license for a short-term
vacation rental for the subject property on November 9, 2010, and applicants began
paying transient occupancy tax soon thereafter. The City does not have any records of
any complaints or police reports concerning such use at the subject property. To date,
staff is unaware of any noise disturbances or any other adverse impacts that have
occurred as a result of the operation of a vacation rental at this address. There have
been no police calls for service at this address that staff believes are related or
potentially related to the operation of a short-term vacation rental.
III
DISCUSSION
The purpose of requiring a CUP for a particular use is to allow for special consideration
to ensure that the use can be designed, located, and operated in a manner that will be
compatible with surrounding uses and not interfere with the use and enjoyment of
properties in the vicinity.
Pursuant to the requirements of the Municipal Code, the Planning Commission can only
approve a CUP if it finds, based upon evidence presented at the hearing, that the
proposal as submitted, or as modified, conforms to all of the following criteria as well as
to any other special findings required for approval of use permits in specific zoning
districts:
1 The proposal is consistent with the General Plan and with any other
applicable plan adopted by the City Council;
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Planning Commission Staff Report
Conditional Use Permit 12-21
24717t" Street
December 5, 2012
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.
Commencing with the adoption of Title 11 in 2010, the City has adopted a series of
regulations and requirements for vacation rentals designed to mitigate and eliminate
any adverse impacts upon neighboring properties and the City at large that might arise
from the use. Those regulations include check-in and check-out times as well as
requirements that renters provide valid government identification, that trash be stored
anywhere other than proper trash containers, and that certain terms be included in each
short term lease. In addition, to ensure compatibility with surrounding uses, the
Commission may impose reasonable conditions in connection with issuance of a CUP.
Applying applicable law to the present application, staff recommends that the
Commission approve a CUP for the subject property, subject to reasonable conditions.
According to the applicants, they have operated a vacation rental on the subject
property since at least 2010. As noted above, staff is unaware of any noise
disturbances or any other adverse impacts that have occurred as a result of the
operation of a vacation rental at this address. There have been no police calls for
service at this address that staff believes are related or potentially related to the
operation of a short-term vacation rental.
Thus, staff believes that a vacation rental, with proper conditions, will be compatible
with the neighborhood and will not adversely affect uses and properties in the
surrounding neighborhood. In addition to the standard conditions that the Commission
has imposed upon each application for a CUP for a vacation rental, staff recommends
the Commission consider imposing the following reasonable conditions due to the size
of the subject property, the physical constraints of the existing duplex, its location, and
other features of the proposed use.
Based on the plan submitted by the applicants, staff recommends that occupancy be
limited to a maximum of not more than four (4) overnight guests for the two-bedroom
downstairs unit and not more than six (6) overnight guests, with a maximum of four (4)
adults, for the three bedroom upstairs unit. Staff also recommends that the garage and
open parking space be kept free and clear of any obstructions that would prevent the
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Planning Commission Staff Report
Conditional Use Permit 12-21
24717t'' Street
December 5, 2012
occupants' automobiles from utilizing the garage and open parking space for parking at
all times.
Staff believes that, if the property owners and potential vacation rental tenants abide by
all City laws, ordinances, and regulations, the continuation of a vacation rental property
at this location would be compatible with the existing development pattern and uses of
the surrounding neighborhood. Staff further believes that the recommended conditions
of approval will prevent adverse impacts associated with a vacation rental property from
occurring, but in the unlikely event that they should occur, the City, through the CUP,
has a means of code enforcement up to and including possible revocation of the CUP.
Based on the foregoing, staff believes that the requisite findings for approving a CUP
can be made in this case.
The proposal is consistent with the General Plan and Zoning Code, as
they allow the proposed use (short-term vacation rental) subject to
approval of a Conditional Use Permit. The conditions placed on the
subject request will ensure that the use is not likely to create adverse
noise and other land use impacts.
2. The site is physically adequate for the type, density and intensity of use
being proposed, including provision of services, and the absence of
physical constraints, because conditions placed on the subject request will
limit the number of guests staying on the premises, set specific quiet
hours, and mitigate other potential land use impacts that may be created
by short term occupancy.
3. The location, size, design, and operating characteristics of the proposed
use would be compatible with and would not adversely affect uses and
properties in the surrounding neighborhood because of the conditions
placed on its operation.
4. The establishment, maintenance, or operation of the proposed use at the
location proposed will not be detrimental to the health, safety, or welfare
of persons residing or working in the vicinity of the proposed use.
IRECOMMENDATION: I
Staff recommends the Planning Commission, after considering all relevant testimony,
written and oral, presented during the public hearing, approve Conditional Use Permit
12-21, subject to conditions as proposed and as may be amended by the Planning
Commission.
Planning Commission Staff Report
Conditional Use Permit 12-21
247 17' Street
December 5, 2012
Staffs 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.
I
J
J& m Olivera
, AICP
ni r Planner,
Department of Community Development
Attachments: (4)
Attachment 1: Resolution No. 12-34, A Resolution of the Planning Commission
of the City of Seal Beach, approving Conditional Use Permit 12-
21, to allow a short-term vacation rental property, within the
Residential High Density (RHD-20) zone at 247 17th Street, Seal
Beach.
Attachment 2: Interim Ordinance Number 1619-U regarding short term-
vacation rental properties
Attachment 3: Letter received in opposition to the proposed project.
Attachment 4: Project plans
M
1 1
Planning Commission Staff Report
Conditional Use Permit 12 -21
247 17' Street
December 5, 2012
,iii • i E •
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Planning Commission Staff Report
Conditional Use Permit 12-21
24717t'' Street
December 5, 2012
I V ; Kel I Loll [01,112 104 is] & I
A RESOLUTION OF THE PLANNING
COMMISSION • THE CITY OF SEAL BEACH
APPROVING CONDITIONAL USE PERMIT 12-21,
• ALLOW A SHORT-TERM VACATION RENTAL
PROPERTY, WITHIN THE RESIDENTIAL HIGH
DENSITY (RHD-20) ZONE AT 247 17 1h STREET,
SEAL BEACH
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOEJ
HEREBY FIND AND RESOLVE:
Section 1. On October 3, 2012, Robert and Nancy Beck ("the applicants") filed
an application for Conditional Use Permit (CUP) 12-21 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 247 17th
Street.
Section 3. Pursuant to Title 14 Calif. Code of Regs. §15303 and §15305, staff
has determined as follows: The application for Conditional Use Permit 12-21 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 November 7, 2012, to consider the application for Conditional Use
Permit No. 12-21. At the public hearing the Planning Commission received written and
oral evidence on the proposed project, requested additional information from staff, and
continued the public hearing to the regular Planning Commission meeting of December
5, 2012.
Section 5. The record of the public hearing of December 5, 2012 indicates the
following:
a. On October 3, 2012, the applicants filed an application for Conditional
Use Permit 12-21 with the Department of Community Development.
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Planning Commission Staff Report
Conditional Use Permit 12-21
247 17" Street
December 5, 2012
b. The applicants are requesting approval to operate a short-term vacation
rental property within the Residential High Density (RHD-20) zone at 247 17th Street.
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. At the public hearing of November 7, 2012, the Planning Commission
opened the public hearing, received written and oral evidence on the proposed project,
requested additional information from staff, and continued the public hearing to the
regular Planning Commission meeting of December 5, 2012.
e. The subject property is located within the area commonly known as "Old
I
f. The subject property is described as Orange County assessor's parcel #
199-064-05; is 26-0" x 100'-0" in size; and comprises 2,500 square feet in area.
RORTH: Single and multi-family residences within th
Residential High Density (RHD-20) zone. i
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 November 28, 2012, Staff has received one letter in opposition, 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 No. 12-21, 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;
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Planning Commission Staff Report
Conditional Use Permit 12-21
24717th Street
December 5, 2012
b. Conditional Use Permit 12-21 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;
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 12-21, subject to the following conditions:
1 Conditional Use Permit 12-21 is approved for the operation of a short-term
vacation rental within the Residential High Density (RHD-20) zone at 247 17th
Street.
2. The applicants shall hereby comply with all requirements enumerated within
Interim Ordinance Number 1619-U, regarding short-term vacation rental
properties, or any successor ordinance thereto.
3. The property owners must maintain a business license while operating a short-
term vacation rental at the subject premises.
4. 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.
5. The property owners shall not rent or lease the property for periods of less than
three (3) consecutive nights.
6. Visitor occupancy shall be limited to a maximum stay of 29 consecutive days.
IJK
Planning Commission Staff Report
Conditional Use Permit 12-21
247 17ffi Street
December 5, 2012
7. There shall be not more than four (4) overnight guests for the two-bedroom
downstairs unit and not more than six (6) overnight guests, with a maximum of
four (4) adults, for the three bedroom upstairs unit.
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, single-car garages assigned to the units at 247 17th Street shall remain
free and clear of any and all obstructions that may preclude occupants from
utilizing the garage space for parking and shall remain available for any
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.
Planning Commission Staff Report
Conditional Use Permit 12-21
247 17' Street
December 5, 2012
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
devices, that create a disturbance in violation of Chapter 7.45 of the Seal
Beach Municipal Code.
c. Notification that the occupant participate in neighborhood quiet hours by
avoiding parties and loud social events between the hours of 10:00 p.m.
and 7:00 a.m.
d. The name of the owner or property manager and a telephone number at
which that party may be reached at all times.
16. The property 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 owners 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
each 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 12-21, 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 Citty,
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
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Planning Commission Staff Report
Conditional Use Permit 12-21
247 17' Street
December 5, 2012
applicant(s)/business operator(s) 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
Planning Commission to modify any of the conditions of approval, up to and
including the revocation of this Conditional Use Permit.
23. A modification of this Conditional Use Permit shall be applied for when:
a. The property proposes to modify any of its current Conditions of Approval.
b. There is a substantial change in the mode or character of operations of
the establishment, or a change in the number of bedrooms or significant
change to the interior space layout of the unit.
24. This Conditional Use Permit shall become null and void unless exercised within 1
year of the date of final approval, or such extension of time as may be granted
by the Planning Commission pursuant to a written request for extension
submitted to the Department of Community Development a minimum of 90 days
prior to such expiration date.
25. This Conditional Use Permit shall not become effective for any purpose
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.
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Planning Commission Staff Report
Conditional Use Permit 12-21
24717' Street
December 5, 2012
PASSED, APPROVED AND ADOPTED • the Planning Commission of the City
of Seal Beach at a meeting thereof held on the day of
, 2012,
• the following vote:
AYES:
Commissioners
NOES:
W M �
Moj A I I HI MA LIP] 2 1-71
r = M
Sandra Massa-Lavitt
Chairwoman of the Planning Commission
Greg Mastings
Interim Secretary • the Planning Commission
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Planning Commission Staff Report
Conditional Use Permit 92 -29
247 97' Street
December 5, 2092
ATTACHMENT 2
ORDINANCE INTERIM NUMBER .
REGARDING SHORT-TERM , , RENTAL
PROPERTIES
15
ORDINANCE NUMBER
AN INTERIM ORDINANCE OF THE CITY QP SEAL BEACH
EXTENDING AND AMENDING ORDINANCE NUMBER 1518
'
IMPOSING, (mTEB|Kq REGULATIONS ON NEW AND EXISTING
SHORT-TERM VACATION RENTALS AND DECLARING THE
0RGENCYTHEREOF
�
THE CITY COUNCIL OF THE CITY OFSEAL BEACH HEREBY ORDAINS AS
Section 1. Ordinance Number 1618-U. On April 9, 2012, the Seal
Beach City Council adopted Ordinance N be 1618-U, imposing 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 1G18'U.
Section 2. Interim Regulations. Notwithstanding any other ordinance or
provision of the Municipal Code, nnproperty shall be used asu vacation rental
while this Ordinance is effective except as permitted by the interim regulations
set forth in Section 7of 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. pena8tv. Violation of any provision of this Ordinance shall
constitute u misdemeanor and shall be punishable b fine not to exceed V1.B00
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
t6 abatement as provided by all applicable provisions of law. It shall be a violation
of this Ordinance for a property owner to permit or fall 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 (il) 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 toUetrue.
-- 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 mm, but not |knUad to, single-family and multiple-family dwelling unds,
apartment houaeu, onndomin|umu, cooperative upartmants, triplexes, and
duplexes ona fewer than O0 days basis ao vacation rental units.
b. Based on experience in the City and in other jurisdictions, U
in known that short-term vacation rentals have the potential to create noge¢km
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 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 Surlside). Vacation
rentals are prohibited in all other Planning Areas, including but not limited to the
areas commonly referred to as the Hill, Leisure World, College Park East, and
College Park West.
Ordinance Number 1619 -U
C. Business License Required. The property owner must
obtain a business license prior to operating or establishing a vacation rental.
d. Transient Occupancy Tax. The property owner must
complete the Transient Occupancy Tax Remittance form prior to operating or
establishing a vacation rental and shall pay the Transient Occupancy Tax in
accordance with the Seal Beach Municipal Code.
e. Maximum Length of Stay. Visitor occupancy shall be limited
to a maximum of 29 consecutive days.
f. Fire and Life Safety. The property owner shall implement
and conform to fire and life safety requirements required by the Orange County
Fire Authority and the City's Building Division. These requirements include, but
are not limited to approved smoke detectors in each lodging room, installation of
an approved fire extinguisher in the structure, and the inclusion of an evacuation
plan posted in each lodging room.
g. Annual Inspection. The property owner shall comply with the
annual fire and life safety certification procedures of the Orange County Fire
Authority.
h. Secondary Use. A vacation rental in commercial zones shall
be conditionally allowed only in conjunction with an approved commercial use.
i. Check -in Time. First -day arrival at a vacation rental is
prohibited after 9:30 p.m. All lease or rental agreements must include this
prohibition.
j. Check -out Time. Vacation renters must vacate the unit
before noon on the final day of their tenancy.
k. Renter Information and Acknowledgement. Prior to
-- occupancy of a short-term vacation rental unit, the owner shall: (i) obtain the
name, address, and a copy of a valid government identification of the primary
adult occupant of the short-term vacation rental; and (ii) require the primary adult
occupant to execute a formal acknowledgement that he or she is legally
responsible for compliance with all applicable laws, rules and regulations
pertaining to the use and occupancy of the short-term vacation rental by all
occupants of the short -term vacation rental or their guests. The
acknowledgement must include the text of Section 7.45.010 of the Municipal
Code, which provides as follows:
"Upon the initial response of the police department to any
disturbance involving loud, unnecessary and unusual noise, the
chief of police may, in lieu of or in addition to taking other action
authorized by law, give notice to the person or persons in actual or
apparent control of the activity creating the disturbance, or to the
person or persons in actual or apparent control of the property or
premises wherein the disturbance has occurred, or both, that
liability may be imposed upon the person or persons receiving such
notice for the costs to the city of any subsequent response by the
police department in connection with any continuation or
resumption of such disturbance. Such notification shall be in such
form as may be approved by the chief of police. The costs of any
subsequent response shall be assessed to the person or persons
receiving such notice and shall include all costs reasonably
incurred by the city in providing law enforcement services and
equipment at the scene of the disturbance, including the cost or
value of the time expended by police department personnel in
making any subsequent response. The method of computing such
costs shall be established by the chief of police and approved by
the city council. The finance department shall invoice such costs to
Ordinance Number 1G18-]
the person m persons liable themW under this chapter, and such
costs shall constitute adebt to the city and be collectible by the city
in the same manner as in the oaoa of an obligation under u
contract; pmvidod, however, that in no event ahu|| 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 of three years and ohall be readily available upon request of any --
/
police officer or employee of the city authorized to enforce this Ordinance or any
applicable |ow' m|a or regulation pertaining tothe use and occupancy of the
short-term vacation rental.
i Trash. Trash and refuse must not bm 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 mom|ue
to meet the demand of the occupants.
M. Lease Terms: Each new lease or rental agreement for
short-term vacation rental must have a copy of these Permit and Operational
Requirements attached to it and must include the following terms, notifications
and disclosures, which shall also be posted in a conspicuous location inside the
i The trash and applicable rules and
regulations pertaining to leaving ur storing trash or refuse on the exterior ofthe
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 _
omnoo no amplified xouno, momomg mome, nm/owm000 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 pardesmd 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 0o
require authorize an owner or property manager to act aaa peace officer ur10
intervene in situations that pose o risk to personal safety. The owner orproperty
manager must maintain records of the name, violation, date, and time ofeach
complaint, disturbance, and naopnnno and uoneotkm action by owner. Such
records must he maintained for o1 least three years.
0. On-Site Property Owner or PropertV 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
Ordinance Number 1619 -U
property owner or property manager shall be responsible for compliance with the
operational and performance standards set forth in this Ordinance.
p. Additional Conditions. Additional conditions on the use of
any given short term vacation rental unit to ensure that any potential secondary
effects unique to the subject vacation rental unit are avoided or adequately
mitigated may be imposed pursuant to any CUP required by this Ordinance.
Section 8. Abatement and Amortization: Licensed Vacation Rentals.
_ a. In order to continue renting any unit as a vacation rental, the
property owner of any existing, licensed vacation rentals shall file an application
for a conditional use permit on or before July 6, 2012. For the purpose of this
ordinance, "licensed" shall mean a vacation rental as to which as of January 1,
2010, the property owner had and, thereafter, has continuously maintained a
valid business license, and has registered to pay the Transient Occupancy Tax,
and has paid such tax in full compliance with the Title 4: Revenue and Finance,
Chapter 4.35: Transient Occupancy Tax of the Municipal Code.
b. Interim Ordinance Number 1618 -U provided an opportunity for each
property owner of an existing, licensed vacation rental to continue renting
vacation rentals if he or she supplied to the City proof of a rental agreement for
use of a vacation rental unit after the effective date of that Ordinance, subject to
certain provisions contained therein. The City did not receive any such proof
either within the prescribed time, or as of May 3, 2012.
C. On or before July 6, 2012, any property owner may request from
the City Council an exemption from, or extension of the terms and provisions of
this ordinance, in order to amortize the property owner's investment. Such
request must be made in writing setting forth the reasons for the request, a
proposed abatement period after which the owner either ceases renting any unit
for use of a vacation rental unit or obtains a CUP to permit such use, and all
- -- supporting evidence. The owner shall bear the burden of proof. The City
Council shall consider the request at a public hearing and may consider the
following: (i) the length of the proposed abatement period in relation to the
owner's investment in the use of the property as a vacation rental; (ii) the length
of time the vacation rental was operating prior to the date of nonconformity; and
(iii) the potential harm to the public if the unit or units are rented on a short term
basis after July 6, 2012. The decision of the City Council shall be final.
Section 9. Severability. If any section, subsection, subdivision,
paragraph, sentence, clause or phrase of this ordinance or any part thereof is for
any reason held to be invalid, such invalidity shall not affect the validity of the
remaining portions of this ordinance or any part hereof. The City Council of the
City of Seal Beach hereby declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, clause or phrase hereof,
irrespective of the fact that any one or more sections, subsections, subdivisions,
paragraphs, sentences, clauses or phrases be declared invalid.
Section 10. The City Clerk shall certify to the passage and adoption of
this Ordinance and shall cause the same or a summary thereof to be published
and posted in the manner required by law.
Ordinance Number 1619-]
PASSED, APPROVED AND ADOPTED by the City Council nf the City ofSeal
Beach oda meeting thereof held on the 14th_ day of May L2O12.
ATTEST:
'
�
STATE OFCALIFORNIA }
Q]UNTYOFORANGE )8G
CITY OF SEAL BEACH }
�
Winn M. Barrow, City Attorney
1, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify
that the foregoing /di 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:
NOES: Council Members � t Lb7i,�
ABSENT: Council Members ' Aybelvn
ABSTAIN: Council Members
and do hereby further Ordinance Number 1619-U has been
published pursuant to the Seal Beach City Charter and Resolution Number 2836.
Ar n;k �A I
Planning Commission Staff Report
Conditional Use Permit 12 -21
247 17h Street
December a, 2012
ATTACHMENT 3
11:4994=4 111 i"! i •
16
Greg Hastings
Subject: FW: CUP & Minor Use Permit 12-5
From: Lana niabe Wooffid-
Date: October 27, 2012, 6 :48 :49 PM GMT+02: 00
To: ellery DEATON <sealbeachdistrict I @gmail.com>
Subject: Re: CUP & Minor Use Permit 12 -5
Dear Ellery,
After having thought that this CUP issue was kind of a done deal, we received a letter from the
city regarding property at247 17th St. For Robert and Nancy Beek! While we are not opposed to
long term rentals we are opposed to "new" short term vacation rentals. This is becoming out of
hand! As I have stated before, having lived her my entire life, vacations rentals are not new to
SB. For many years, the duplexes on Seal Way were often rented during the school terra to
college students attending CSULB and then for the summer, vacation rentals which to my
knowledge were just customary but NOT all year long.
Our second issue is also the Minor Use Permit 12-5 for our neighbors Gerald and Melody
Costello at 213 15th St! They already along with many,many other in old town have a non
conforming single family property BUT -along with many others have no garage and with their
manycars, park one that is covered in the alley and never driven which puts 3 other cars on the
street! Why would we want to start allowing more density on this lot when in reality they should
really convert the living quarters back into a garage. If that were done, we would have no
problem with the patio roof cover! Trust me, as soon as the patio cover is approved and written
off by the city, they will have walls built and now have a new room for livingHH
The substandard off street parking is what they create with undriven cars parking behind the
unit. These people bought this property the way it is and are now complaining parking and
density! H!
Who do they think creates this problem!
If the city continues to allow this to happen and hide behind the shield, we are just creating more
problems. The city, i.e., council members and city hall employees have an obligation to those of
us that DO have and use their garages for purposes intended! Why should those of us who have
conforming property allow this to keep happening???
We will be on vacation for the Nov.7th meeting but ask that this letter be presented as to our
disapproval of the proposed requests???
a "=
Lana and Don Mabe
224 15th St.
Seal Beach, Ca.
Planning Commission Staff Report
Conditional Use Permit 12 -21
247 17' Street
December 5, 2012
ATTACHMENT 4
PROJECT PLANS
IRA