HomeMy WebLinkAbout4 - CUP 12-22 (1310 & 1310.5 Ocean Avenue)December 5, 2012
! i # i i ' # i � • # i
Subject: Conditional Use Permit 12 -22
1310; 1310'12 Ocean Avenue
GENERAL _ O
NRiLricants. ROBERT AN! NANCY BECK
• ROBERT
Location: 1310;1310'!2 OCEAN AVENUE
Classification of RHD -20 (RESIDENTIAL HIGH DENSITY)
Probe
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 -22, SUBJECT TO CONDITIONS. APPROVAL
SHOULD BE THROUGH THE ADOPTION OF PLANNING
COMMISSION RESOLUTION NO. 12 -35.
Planning Commission Staff Report
Conditional Use Permit 12-22
1310; 131OY2Ocean Avenue
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 1310 and 1310'/2 Ocean
Avenue (the "subject property") as a short-term "vacation rental" (i.e., renting the
property for periods less than 30 days).
❑ 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.
L3 Notice of the public hearing to consider the application was mailed to all
properties within 500 feet of the subject property.
I. -
❑ The public rights-of-way abutting the property are an 80' street at the front of the
property (Ocean Avenue) and a 15' alley at the rear of the property that provides
vehicular access to the garage and off -street parking space.
❑ The surrounding land use and zoning are as follows:
NORTH: Single and multi-family
Density (RHD-20) zone.
SOUTH: Single and multi-family
Density (RHD-20) zone;
EAST: Single and multi-family
Density (RHD-20) zone.
WEST: Single and multi-family
Density (RHD-20) zone.
residences in the Residential High
residences in the Residential High
Boardwalk; Public Beach.
residences in the Residential High
residences in the Residential High
❑ The property presently consists of a legal, nonconforming, single-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).
R Each dwelling unit consists of one bedroom and one bathroom; there is a small
outdoor patio located between the main dwelling units and the detached garage.
N
Planning Commission Staff Report
Conditional Use Permit 12-22
1310, 131OY2Ocean Avenue
December 5, 2012
❑ There is an additional off-street parking space on the property which is located
adjacent to the detached garage, off of the rear alley.
❑ As of November 29, 2012, Staff has received no correspondence concerning the
proposed use.
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.
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:
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:
Planning Commission Staff Report
Conditional Use Permit 12-22
1310; 131OY2Ocean Avenue
December 5, 2012
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 not 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 two (2) adults and two (2) children per dwelling unit. Staff also
recommends that the garage and open parking space be kept free and clear of any
obstructions that would prevent the 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.
4
Planning Commission Staff Report
Conditional Use Permit 12-22
1310, 131 OY2 Ocean Avenue
December 5, 2012
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 • the proposed
use would be compatible with and would not adversely affect uses and
properties in the surrounding neighborhood because of the conditions
placed • 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
12-22, subject to conditions as proposed and as may be amended by the Planning
Commission.
Staff's recommendation is based upon the belief that positive findings can be made for
all findings of approval as required by applicable sections of the Zoning Code.
I rim 01; =1 I
AMlanner, Der)artment of Communitv Developmerig
I
Planning Commission Staff Report
Conditional Use Permit 12 -22
1310; 1310% Ocean Avenue
December 5, 2012
Attachments: (3)
Attachment 1: Resolution No. 12 -35, A Resolution of the Planning Commission
of the City of Seal Beach, approving Conditional Use Permit 12-
22, to allow a short-term vacation rental property, within the
Residential High Density (RHD -20) zone at 1310 and 1310'/2
Ocean Avenue, Seal Beach.
Attachment 2: Interim Ordinance 1619 -U
Attachment 3: Project Plans
Planning Commission Staff Report
Conditional Use Permit 12 -22
1310; 1310% Ocean Avenue
December 5, 2012
ATTACHMENT 1
RESOLUTION NUMBER 12 -35, A RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY
OF SEAL BEACH APPROVING CONDITIONAL
USE PERMIT NO. 12 -22, TO ALLOW A SHORT -
TERM VACATION RENTAL PROPERTY, WITHIN
THE RESIDENTIAL HIGH DENSITY (RHD -20)
ZONE AT 1310 AND 13101/2 OCEAN AVENUE,
SEAL BEACH.
Planning Commission Staff Report
Conditional Use Permit 12 -22
1310, 1310% 0cean Avenue
December b, 2012
IV:R1•7a1] I I[•7ON ► ►i
` RESOLUTION OF
COMMISSION OF OF '
APPROVING CONDITIONAL USE PERMIT 12-22,
TO ALLOW ♦ SHORT-TERM VACATION
PROPERTY,
DENSITY E -20) ZONE AT 1 AND 1
OCEAN
HEREBY THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOEJ
IIIR AND RESOLVE:
Section 1. On October 3, 2012, Robert and Nancy Beck ( "the applicants ") filed
an application for Conditional Use Permit (CUP) 12 -22 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
1310 and 1310Y2 Ocean Avenue.
Section 3. Pursuant to 14 Calif. Code of Regs. §15303 and §15305, staff has
determined as follows: The application for Conditional Use Permit 12 -22 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 -22. 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 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 -22 with the Department of Community Development.
8
Planning Commission Staff Report
Conditional Use Permit 12-22
1310; 1310Y2 Ocean Avenue
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 1310 and 13101/2
Ocean Avenue.
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. A duly noticed public hearing was held before the Planning Commission
on November 7, 2012, to consider the application for CUP 12-22. At the public hearing,
the Planning Commission received testimony, requested additional information from
staff, and continued the public hearing to the regular meeting of December 5, 2012.
e. The subject property is located within the area commonly known as "Old
Town".
f. The subject property is described as Orange County assessor's parcel #
199-091-05; is 30'-0" x 97'-0" in size; and comprises 2,910 square feet in area.
9. Surrounding land uses and zoning are as follows:
NORTH: Single and multi-family residences within the
Residential High Density (RHD-20) zone.
SOUTH: Single and multi-family residences within the
Residential High Density (RHD-20) zone; Boardwalk;
Public Beach.
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.
h. As of November 29, 2012, Staff has received no correspondence in
response to the public hearing notices that were mailed and published regarding the
subject application.
Section 6. Based upon the facts contained in the record, including those
stated in §5 of this resolution and pursuant to the Seal Beach Municipal Code, the
Planning Commission makes the following findings:
a. CUP No. 12-22, 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;
M
Planning Commission Staff Report
Conditional Use Permit 12-22
1310; 131OY2Ocean Avenue
December 5, 2012
b. Conditional Use Permit 12-22 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 12-22, subject to the following conditions:
1 Conditional Use Permit 12-22 is approved for the operation of a short-term
vacation rental within the Residential High Density (RHD-20) zone at 1310 and
1310'12 Ocean Avenue.
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.
Ift
Planning Commission Staff Report
Conditional Use Permit 12-22
1310,131OY2Ocean Avenue
December 5, 2012
7. Occupancy shall be limited to a maximum of two (2) adults and two (2) children
per dwelling unit.
8. The property owner shall implement and conform to fire and life safety
requirements, as required by the Orange County Fire Authority and the City's
Building Division.
9. The property owner shall comply with the annual fire and life safety certification
procedures of the Orange County Fire Authority.
10. First-day arrival at a vacation rental is prohibited after 9:30 p.m. All lease or
rental agreements must include this prohibition.
11. The two-car garage assigned to the units at 1310 and 1310 "f2 0cean Avenue, as
well as the additional off-street parking space adjacent to the garage, shall
remain free and clear of any and all obstructions that may preclude occupants
from utilizing the garage space and open parking space adjacent to the garage
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 cornpliance 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 owner or property manager must provide
sufficient trash collection containers and service to meet the demand of the
0074W �#
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:
2. The trash pick-up day and applicable rules and regulations pertaining
leaving or storing trash or refuse on the exterior of the property. I
11
Planning Commission Staff Report
Conditional Use Permit 12-22
13101- 1310% Ocean Avenue
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 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
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 12-22, 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 • 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
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.
12
Planning Commission Staff Report
Conditional Use Permit 12-22
1310; 1310% Ocean Avenue
December 5, 2012
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 applicant shall indemnify, defend and hold harmless City, its officers, agents
and employees (collectively "the City" hereinafter) from any and all claims and
losses whatsoever occurring or resulting to any and all persons, firms, or
corporations furnishing or supplying work, services, materials, or supplies in
connection with the performance of the use permitted hereby or the exercise of
the rights granted herein, and any and all claims, lawsuits or actions arising from
the granting of or the exercise of the rights permitted by this Conditional Use
Permit, and from any and all claims and losses occurring or resulting to any
person, firm, corporation or property for damage, injury or death arising out of or
connected with the performance of the use permitted hereby. Applicant's
obligation to indemnify, defend and hold harmless the City as stated herein shall
include, but not be limited to, paying all fees and costs incurred by legal counsel
of the City's choice in representing the City in connection with any such claims,
losses, lawsuits or actions, expert witness fees, and any award of damages,
judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action.
27. Failure to comply with any of the aforementioned conditions may result in the
revocation of this Conditional Use Permit.
a
Planning Commission Staff Report
Conditional Use Permit 12-22
1310; 1310Y2 Ocean Avenue
December 5, 2012
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:
M
• •
M
M1121 III I b-21-110121zl
NOES:
Commissioners
ABSTAIN:
Commissioners
U
Sandra Massa-Lavift
Chairwoman of the Planning Commission
Greg Hastings
Interim Secretary of the Planning Commission
14
Planning Commission Staff Report
Conditional Use Permit 12 -22
1310; 1310% Ocean Avenue
December 5, 2012
ATTACHMENT 2
INTERIM ,., % &' U
XEGARDING SHORT - VACATION RENTAL
PROPERTIES
15
ORDINANCE NUMBER
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
URGE0CYTHEGEOF
�
THE CITY COUNCIL 0F THE CITY DF SEAL BEACH HEREBY ORDAINS AS
--
FOLLOWS:
Section Section 1. ' Ordinance Number 1618-U. On April 9, 2012, the Sea[
Beach City Council adopted Ordinance Number 1618-U, imposing new interim
regulations on now and existing vacation rentals. This Ordinance extends and
amends the interim regulations for new and existing vacation rentals established
by Ordinance Number 1618-U.
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.
Zection 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 aturegularly 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. Penalty. Violation of any provision of this Ordinance shall
constitute a misdemeanor and shall bo punishable bya fine not to exceed $1.00O
or by imprisonment for a period not to exceed O months, orby both such fine and
hnpdnonnnont Each and every day such a violation exists shall constitute o
separate and distinct violation of this Ordinance. /n 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
od this Ordinance for to permit or fail to correct within 8 days of
receiving notice: () any violation by a vacation renter or this ummanoa or
Chapter 7.15 of the Municipal Code (Nniso ) or(ii) any public nuisance created by
a vacation renter |n violation of Chapter 7.35mf 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 hearling and on
the basis of the record thereof finds the following facts to be true.
— a. The Citys location and proximity to the coast makes ba
popular destination for tourists many of whom ohnnoetostayinnmidenia|unKe
such ao, but not limited b\ single-family and multiple-family dwelling units,
apartment houeee, condominiums, cooperative upartments, thp/emae, and
duplexes una fewer than 3U days basis aa vacation rental units.
b. Based on experience |n the City and in other jurisdictions, b
is known that short-term vacation rentals have the potential to create negative
[end use impacts for neighboring residential uses. These include but are not
C. Business License Required. The property owner must
obtain a business license prior to operating or establishing a vacation rental.
d. Transient Occupancy Ta . The property owner must
complete the Transient Occupancy Tax Remittance form prior to operating or
establishing ovaca¢inn rental and nhu|| pay the Transient Occupancy Tax in
accordance with the Seal Beach Municipal Code.
e. Maximum Length of St . Visitor occupancy shall belimited
� hoa maximum nf2B consecutive days.
-- t The property owner shall hnp|omuni
and conform to fire and life safety requirements required by the Orange County
Fire Authority and the City's Building Division. These requirements ino|udo,but
are not limited toapproved smoke detectors in each lodging mom. installation of
an approved fire extinguisher inthe a1motum, and the inclusion of an evacuation
plan posted in each lodging room.
g. Annual Inseection. 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 allo only in conjunction with an approved commercial use.
I. Check-in Time. First-day arrival at e vacation rental is
prohibited after B:8Up.m. All lease or rental agreements must include this
prohibition. '
j. Vacation renters must vacate the unit
.
before noon on the final day of their tenancy.
k. Renter Information and Acknowledgemen . Prior to
--
occupancy ora short-term v000x/nn mnm/ unit, the owner shall: (y obtain the
name, address, and o copy of e valid government identification of the primary
adult occupant of the short-term vacation rental; and (i0 require the primary adult
occupant to execute a formal acknowledgement that he or she is legally
. responsible for compliance with all applicable laws, '-'~~ and '~u~'~`'~'~
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 8md|on 745.010 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
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 bn imposed pursuant 0o 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 ofany existing, licensed vacation rentals shall file on application
fora conditional use permit on or before July 0. 2012. For the purpose of this
ordinance, "licensed" shall mean ovncoion rental as to which as of January 1.
2010 the property owner had and thereafter, has continuously i tui d
valid business license, and has registered to pay the Transient Occupancy Tax,
Chapter 4.35: Transient Occupancy Tax oy the Municipal Code.
b. Interim Ordinance Number 1O1(-U provided an opportunity for each
property owner of an existing' licensed vacation vynto| to continue renting
vacation rentals if hoo/she supplied to the Qty proof of nsnto/ 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, nraauf May 3.2O12.
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
--
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 �
hz||mming: (i) the length of the proposed abatement period in relation to the
owner's investment in the use of the property oe ovonation rental; (0 the length
nf time the vacation rental was operating prior tothe date of nonconformity; and i
(III) the potential harm to the public if the unit or units are rented on a short term '
basis after July 0'2012. The decision of the City Council shall befinal.
Section 9. Sevelabili!y. If any section, subsection, subdivision, �
/
paragraph, sentence, clause or phrase of this ordinance or any part thereof is for
any reason hold to be invalid, such invalidity shall not affect the validity ofthe
remaining portions cf this ordinance or any part hereof. The City Council ofthe
City ofSao| Beach hereby declares that it would have passed each section,
eubmection, subdivioion, paragraph, sentence, olouoo or phrase hamof,
irrespective of the fact that any one or more sections, subsections, subdivisions,
paragraphs, sentences, clauses nr phrases bo declared invalid. |
�
Section 10. The City Clerk ohoU certify to the passage and adoption of !
this Ordinance and shall cause the same ora summary thereof tobepublished '
'
and posted in the manner required bylaw. i
Fat
Irt
Planning Commission Staff Report
Conditional Use Permit 12-22
1310,,1310Y2 Ocean Avenue
December 5, 2012