HomeMy WebLinkAbout6 - CUP 12-20 (1115 & 1115.5 Seal Way)November 7, 2012
STAFF REPORT
To: Honorable Chairwoman and Planning Commissior
From: De•. of Community Development
Subject: Conditional Use Permit 12 -20
1115; 1115'/2 Seal Way
GENERAL DESCRIPTION
Applicant: ALEXANDER YOFFE
Owner: -• ROTHMAK
Location: 1115; 11151/2 SEAL WAY
Classification of RHD -20 (RESIDENTIAL HIGH DENSITY)
Property:
Request: FOR A CONDITIONAL USE PERMIT (CUP) TO ALLOW A SHORT -
TERM VACATION RENTAL PROPERTY WITHIN THE RESIDENTIAL
HIGH DENSITY (RHD -20) ZONE.
Environmental Review: THE PROPOSED PROJECT IS CATEGORICALLY EXEMPT FROM
ENVIRONMENTAL REVIEW, PURSUANT TO CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES,
SECTION 15303, NEW CONSTRUCTION OR CONVERSION OF
SMALL STRUCTURES, 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
T •-
Recommendation: APPROVE CUP 12 -20, SUBJECT TO CONDITIONS. APPROVAL
SHOULD BE THROUGH THE ADOPTION OF PLANNING
COMMISSION RESOLUTION NO. 12 -31.
ZAConditional Use Permits\CUP 12 -20 1115; 1115 "f2 Seal Way (Vacation Rental)\CUP 12 -20 1115; 1115% Seal Way PC Staff
Report.doc
Planning Commission Staff Report
Conditional Use Permit 12-20
1115; 11151 Seal Way
November 7, 2012
FACTS
❑ On July 3, 2012, Alexander Yoffe ("the applicant") filed an application with the
Department of Community Development for Conditional Use Permit 12-20 for a
short-term vacation rental property at 1115 and 1115%2 Seal Way.
❑ The Municipal Code allows short-term vacation rentals within the RHD-20 zone,
subject to conditional use permit approval and subject to the terms of Ordinance
No. 1624-U, which allows the filing of conditional use permit applications for such
uses, provided the application was filed on or prior to October 22, 2012.
❑ In May 2012, the City Council passed an Interim Ordinance amending the terms
and conditions of operation for all new and existing short-term vacation rental
properties within the City.
❑ The subject property is described as Orange County assessor's parcel # 199-
071-08; is 30'-0" x 90'-0" in size; and comprises 2,700 square feet in area.
❑ The surrounding land use and zoning are as follows:
NORTH: Single and multi-family residences in the Residential High
Density (RHD-20) zone.
SOUTH: Boardwalk; 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 (two
single-car garages provided where two, two-car garages would be required under
today's code).
❑ The downstairs dwelling unit consists of three 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 (beachside) of both units.
❑ There is adequate space to park an automobile in front 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 October 30, 2012, Staff has received one letter in opposition, in response
to the hearing notices that were mailed out and published for the proposed
project.
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Planning Commission Staff Report
Conditional Use Permit 12-20
1115; 1115Y2Seat Way
November 7, 2012
'BACKGROUND
Vacation rentals are rather common in Southern California beach communities, as they
often provide an economical lodging alternative for families or larger groups of people,
and generally provide options such as kitchens, recreation areas, and convenient
vehicle parking, amenities that are often not provided with traditional hotel or motel
accommodations.
There are presently twenty-three licensed vacation rental properties within the City.
Sixteen of these vacation rental properties are located on the streets closest to the
beach — Ocean Avenue and Seal Way. All existing, licensed vacation rental properties
began operating as vacation rentals prior to the adoption of Title 11, the Zoning Code.
Prior to the adoption of Title 11, the City had no CUP requirement for vacation rentals;
only the requirement for a business license and payment of Transient Occupancy Tax
("TOT") for the rental property. Thus, there was previously no mechanism in the Zoning
Code to conditionally approve or deny such requests, so long as the property owner
applied for a business license and registered to pay TOT.
Staff has historically received occasional complaints regarding the operation of some
existing vacation rentals in the City and recognized that the proliferation of unregulated
vacation rental properties could potentially undermine the residential character of the
City's neighborhoods. Some of the potential problems created by vacation rentals are
the noise, traffic, parking, and other negative impacts that short term occupancy can
have on neighboring residential uses. During the process of adopting Title 11, it was
therefore proposed that new vacation rentals be conditionally permitted uses within
residential zones. The Planning Commission and City Council approved this
requirement as part of the October 25, 2010 adoption of current provisions of Title 11,
which became effective in January 2011. At that time, Title 11 allowed previously
existing, licensed vacation rentals to continue operating without a CUP as legal,
nonconforming uses provided they maintained the appropriate business license, and (if
operating in a commercial zone) operated only in conjunction with an approved
commercial use.
As a result of ongoing concerns and issues with some of the licensed and
grandfathered vacation rental properties within the City, in May 2012, the City Council
adopted an interim ordinance that eliminated the 'grandfathering' provision for those
existing vacation rental properties that were previously grandfathered and required that
all existing licensed vacation rental properties be required to obtain a CUP. This
specific application is to allow an existing (previously 'grandfathered') short-term
vacation rental property (renting for periods less than 30 days) within an existing,
attached duplex at 1115 and 1115'12 Seal Way.
Planning Commission Staff Report
Conditional Use Permit 12-20
1115; 1115!12Seal Way
November 7, 2012
IDISCUSSION
The purpose of requiring a CUP for a particular use is to allow for special consideration
to ensure that the use can be designed, located, and operated in a manner that will be
compatible with surrounding uses and not interfere with the use and enjoyment of
properties in the vicinity.
Pursuant to the requirements of the Municipal Code, the Planning Commission can only
approve a CUP if it finds, based upon evidence presented at the hearing, that the
proposal as submitted, or as modified, conforms to all of the following criteria as well as
to any other special findings required for approval of use permits in specific zoning
districts:
1. The proposal is consistent with the General Plan and with any other
applicable plan adopted by the City Council;
2. The proposed use is allowed within the applicable zoning district with use
permit approval and complies with all other applicable provisions of the
Municipal Code;
3. The site is physically adequate for the type, density and intensity of use
being proposed, including provision of services, and the absence of
physical constraints;
4. The location, size, design, and operating characteristics of the proposed
use will be compatible with and will not adversely affect uses and
properties in the surrounding neighborhood; and
5. The establishment, maintenance, or operation of the proposed use at the
location proposed will not be detrimental to the health, safety, or welfare
of persons residing or working in the vicinity of the proposed use.
When the City Council passed Interim Ordinance 1619-U in May 2012, specific
regulations for short-term vacation rental properties that were previously enumerated
within Title 11, were amended to include additional requirements such as: prohibiting
vacation rental properties outside of the Old Town area (Planning Area 1 excepting
Surfside); check-in and check-out times; certain lease terms; the requirement of an on-
site manager for vacation rental properties in excess of two units; etc.
Based on the site plan and floor plan submitted by the applicant, staff recommends that
occupancy be limited to a maximum of not more than six (6) total occupants per unit
and a maximum of four (4) adults per unit. Staff also recommends that the garages be
kept free and clear of any obstructions that would prevent the occupants' automobiles
from utilizing the garage for parking at all times. To date, staff is unaware of any noise
disturbances or any other adverse impacts that have occurred as a result of the
4
operation of a vacation rental at this address.
service at this address that staff believes are
operation of a short-term vacation rental. Th e
vacation rental since at least 2010.
Planning Commission Staff Report
Conditional Use Permit 12-20
1115, 1115 % Seal Way
November 7, 2012
There have been no police calls for
related or potentially related to the
property has been operated as a
Staff believes that, if the property owner and potential vacation rental tenants continue
to 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.
1 The proposal is consistent with the General Plan and Zoning Code, as
they allow the proposed use (short-term vacation rental) subject to
approval of a Conditional Use Permit. The conditions placed on the
subject request will ensure that the use is not likely to create adverse
noise and other land use impacts.
2. The site is physically adequate for the type, density and intensity of use
being proposed, including provision of services, and the absence of
physical constraints, because conditions placed on the subject request will
limit the number of guests staying on the premises, set specific quiet
hours, and mitigate other potential land use impacts that may be created
by short term occupancy.
3. The location, size, design, and operating characteristics of the proposed
use would be compatible with and would not adversely affect uses and
properties in the surrounding neighborhood because of the conditions
placed on its operation.
4. The establishment, maintenance, or operation of the proposed use at the
location proposed will not be detrimental to the health, safety, or welfare
of persons residing or working in the vicinity of the proposed use.
RECOMMENDATION:
Staff recommends the Planning Commission, after considering all relevant testimony,
written and oral, presented during the public hearing, approve Conditional Use Permit
Planning Commission Staff Report
Conditional Use Permit 12-20
1115; 1115Y2Seal Way
November 7, 2012
12-20, subject to conditions as proposed and as may be amended by the Planning
Commission.
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.
For: November 7, 2012
► m??bIiv6ra, AICP
n9f Planner, Department of Community Development
Attachments: (4)
Attachment 1: Resolution No. 12-31, A Resolution of the Planning Commission
of the City of Seal Beach, approving Conditional Use Permit 12-
20, to allow a short-term vacation rental property, within the
Residential High Density (RHD-20) zone at 1115 and 11151/2
Seal Way, 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 Plarg
M
Planning Commission Staff Report
Conditional Use Permit 12 -20
1115, 1115% Seal Way
November 7, 2012
1 1
RESOLUTION NUMBER 1 RESOLUTION
OF THE PLANNING
OF 1 BEACH APPROVING CONDITIONAL
USE PERMIT 7R 12-20, TO ALLOW 1 SHORT-
TERM 1 / RENTAL r r i r r
RESIDENTIAL THE
ZONE AT AND 1 1 /
BEACH.
I
Planning Commission Staff Report
Conditional Use Permit 12-20
1115, 1115Y2Seal Way
November 7, 2012
A RESOLUTION OF THE PLANNING
COMMISSION • THE CITY OF SEAL BEACH
APPROVING CONDITIONAL USE PERMIT 12-20,
TO ALLOW A SHORT-TERM VACATION RENTAL
PROPERTY, WITHIN THE RESIDENTIAL HIGH
DENSITY (RHD-20) ZONE AT 1115 AND 1115%
SEAL WAY, SEAL BEACH
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On July 3, 2012, Alexander Yoffe ("the applicant") filed an
application for Conditional Use Permit (CUP) 12-20 with the Department of Community
Development.
Section 2. The applicant is requesting a CLIP for the operation of a short-term
vacation rental property within the Residential High Density (RHD-20) zone at 1115 and
1115'/ Seal Way,
Section 3. Pursuant to Title 14 Calif. Code of Regs. §15303 and §15305, staff
has determined as follows: The application for Conditional Use Permit 12-20 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. 12-20. At the public hearing the Planning Commission received written and
oral evidence on the proposed project.
Section 5. The record of the public hearing of November 7, 2012 indicates the
following:
a. On July 3, 2012, the applicant filed an application for Conditional Use
Permit 12-20 with the Department of Community Development.
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Planning Commission Staff Report
Conditional Use Permit 12-20
1115, 11151 Seal Way
November 7, 2012
b. The applicant is requesting approval to operate a short-term vacation
rental property within the Residential High Density (RHD-20) zone at 1115 and 11151/2
Seal Way.
C. In May 2012, the City Council passed an Interim Ordinance amending
the terms and conditions of operations for all new and existing short-term vacation
rental properties within the City.
d. The subject property is located within the area commonly known as "Old
e. The subject property is described as Orange County assessor's parcel #
199-071-08; is 30'-0" x + size; and comprises 2,700 square feet in area.
R 11115131!1121! CYRNTRIVITF
NORTH: Single and multi-family residences within the
Residential High Density (RHD-20) zone.
WEST: Single and multi-family residences within the
Residential High Density (RHD-20) zone.
EAST: Single and multi-family residences within the
Residential High Density (RHD-20) zone.
91 As of October 30, 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. Conditional Use Permit 12-20, as conditioned, is consistent with the
provisions of the Land Use Element of the City's General Plan, which
provides a High Density Residential designation for the subject property;
b. Conditional Use Permit 12-20 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;
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Planning Commission Staff Report
Conditional Use Permit 12-20
1115; 1115% Seal Way
November 7, 2012
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 12-20, subject to the following conditions:
1 Conditional Use Permit 12-20 is approved for the operation of a short-term
vacation rental within the Residential High Density (RHD-20) zone at 1115 and
1115'/2 Seal Way.
2. The applicant shall hereby comply with all requirements enumerated within
Interim Ordinance Number 1619-U, regarding short-term vacation rental
properties.
3. The property owner must maintain a business license while operating a short-
term vacation rental at the subject premises.
4. The property owner 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 owner 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.
7. There shall be no more than six (6) total overnight guests per unit and a
maximum of four (4) adult overnight guests per unit at any one time.
11111
Planning Commission Staff Report
Conditional Use Permit 12-20
1115, 1115% Seal Way
November 7, 2012
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, single-car garages assigned to the units at 1115 and 1115'12 Seal Way
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 owner 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
occupants.
15. Each new lease or rental agreement for a short-term vacation rental must have a
copy of these Permit and Operational Requirements attached to it and must
include the following terms, notifications, and disclosures, which shall be posted
in a conspicuous location inside the unit:
a. The trash pick-up day and applicable rules and regulations pertaining to
leaving or storing trash or refuse on the exterior of the property.
b. Notification that the occupant may be cited or fined by the City for any
violation of any provision of the Municipal Code, including but not limited
to amplified sound, including radios, televisions, and other electronic
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Planning Commission Staff Report
Conditional Use Permit 12-20
1115, 11151 Sea] Way
November 7, 2012
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 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 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 12-20, 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 Ci
itV
of Seal Beach Municipal Code, as the regulations of that Chapter now exist or
may hereafter be amended. Should complaints be received regarding noise
generated by the establishment, the Planning Commission reserves the right to
schedule this permit for reconsideration and may require the applicant/business
operator to mitigate the noise level to comply with the provisions of Chapter 7.15.
22. If there are substantial adverse impacts on Police Department services and/or in
the event that the Police Chief or designee determines that a significant increase
in police service has resulted due to the operations of the establishment, the
Police Chief or designee at any time may request a public hearing before the
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Planning Commission Staff Report
Conditional Use Permit 12-20
1115; 1115% Seal Way
November 7, 2012
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.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City
of Seal Beach at a meeting thereof held on the day of
, 2012, by the following vote:
13
AYES:
Commissioners
NOES:
Commissioners
Planning Commission Staff Report
Conditional Use Permit 12-20
1115; 1115Y2Seat Way
November 7, 2012
Sandra Massa-Lavitt
Greg Hastings
Interim Secretary of the Planning Commission
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Planning Commission Staff Report
Conditional Use Permit 12 -20
1115; 1115f Seal Way
November 7, 2012
ORDINANCE INTERIM - - •
-XIEGARDING SHORT—TERM a a RENTAL
PROPERTIES
w
ORDINANCE NUMBER 1619-U
AN INTERIM ORDINANCE OF THE CITY OF SEAL BEACH
EXTENDING AND AMENDING ORDINANCE NUMBER 1618
'
IMPOSING INTERIM REGULATIONS ON NEW AND EXISTING
SHORT-TERM VACATION RENTALS AND DECLARING THE
URGENCYTHERE0F
THE CITY COUNCIL OF THE CITY OF SEAL BEACH HEREBY ORDAINS AS
Section 1. Ordinance Number 1618-U. On April 9, 2012, the Sea]
Beach City Council adopted Ordinance Number 161 8-U, imposing new interim
regulations on new and existing vacation namom. This Ordinance extends and
amends the interim regulations for new and existing vacation rentals established
by Ordinance Number 1O1B-U.
Section 2. Interim Regulations. Notwithstanding any other ordinance or
provision of the Municipal Code, no property shall be used as a vacation rental
while this Ordinance is effective except as permitted by the interim regulations
set forth in Section 7 of thi , s Ordinance.
Section 3. Term. This Ordinance shall mpho, and the interim
regulations established hereby shall terminate 1Dmonths and 15days after the
date of its adoption unless extended by the City Council ataregularly noticed
public hearing pursuant to California Government Code Section GGU58.
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 ofthe interim regulations #homby, will have a significant effect on
the environment. The ordinance imposes greater limitations onvacation rentals
in the City than limitations
will thereby serve to reduce potential significant adverse environmental impacts.
|t|x therefore exempt from California Environmental Quality Act review -pursuant
to Title 14. Section 15O81(b)(3)nf the California Code ofRegulations.
Section 5. PenaltV. Violation of any provision of this Ordinance shall
constitute a misdemeanor and shall be punishable by a fine not to exceed $1.0OO
or by imprisonment for a period not to exceed 6 months, or by both such fine and
imprimonment. Each and every day such a violation exists shall constitute a
separate and distinct violation /f this Ordinance. |n addition 10 the foregoing, any
violation of this Ordinance shall constitute a public nuisance and shall be subject
to'abaternent as provided by all applicable provisions of law. It shall be a violation
of this Ordinance for it or fail to &hi days of
nmomng nnnoe' mar of this um/nanma or
Chapter 7.1Sof the Municipal o/00 any public nuisance created by
a vacation renter in violation of Chapter 7.3Sof the Municipal Code.
Section 6. Legislative Findings. On May 12, 2012, the City Council
considered the adoption of this Ordinance at a duly noticed public hearing and on
the basis of the record thereof finds the following facts to be true.
-- a. The location and proximity to the coast makes it n
popular destinati for tourists, many of whom choose to stay in residential units
such as, but not limited to, single-family and multiple-family dwelling units,
apartment hououo, condominiums, cooperative apadmentn. Lhp|exee, and
duplexes ona fewer than 3O days basis ao vacation rental units.
b. Booed on experience in the City and in other jurisdictions, it
is known that short-term vacation rentals have the potential to maa10 negative
land use impacts for neighboring residential uses. These include but are not
Ordinance Number 1S19'Q
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�.05185of --
the Municipal Coda which requires vacation rentals to meet certain minimum
operational standards. Notwithstanding enactment of Section 11.4.U5.135.some
vacation rentals in the City have continued to negatively impact neighboring
d, After the adoption of Ordinance Number 1018'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 '. The summer rental "=""". is rapidly approaching and "= �
operation d vacation rentals pursuant 0o the City's existing regulations will result
in that threat to the public welfare unless the interim regulations are immediately
offoctivo Due to the foregoing cknumotanoon, it is nooeaaeq/ for the
pneoemmUoo of the public health, safety and welfare for this Ordinance iotake
effect immediately. This Ordinance is an urgency ordinance for the immediate
preservation of the public pooce, hoa|th, and safety within the meaning of
Government Code Section 38987(W and therefore shall be passed immediately
upon its introduction and shall become effective immediately upon its adoption.
f. All legal prerequisites to the adoption o[this Ordinance have
Section Notwithstanding any other ordinance m
provision of the Municipal 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 conditibnal use
permit ("CUP") in compliance with Chapter 11 520 of the Municipal Code. To
mitigate the impacts of such rentals on the surrounding neighborhood and City
infrastructure and services, the City may impose reasonable conditions of
approval including but not limited to maximum occupancy levels, maximum visitor
levels, off-street parking requirements and traffic mitigation measures.
b Limited to Old Town. Vacation rentals are conditionally
permitted only in Old Town (Planning Area 1 excepting Surfside). Vacation
rentals are prohibited in all other Planning Areas, including but not limited to the
areas commonly referred to as the Hill, Leisure World, College Park East, and
College Park West.
Ordinance Number 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 1619-U
the person or persons liable therefor. under this chapter, and such
costs shall constitute adebt to the city and becollectible by the city
in the same manner an in the case of on obligation under e
contract; provided, however, that in no event shall a person's
liability hereunder exceed $1.000 for any single subsequent
response."
This information and acknowledgment shall bo maintained by the owner
for operiod of three years and shall be readily available upon request of any —'
police officer or employee of the city authorized io enforce this Ordinance or*ny
applicable |mw, m|o or regulation pertaining to the use and occupancy ofthe
short-term vacation rental.
i Trash. Trash and refuse must not ba left stored within public
View, except in proper containers for the purpose of collection by the City's
authorized waste hauler on scheduled trash ud|odion days. The owner or
property manager must provide sufficient trash collection containers and service
ho meet the demand cf the occupants.
M. Lease Terms: Each new lease or rental agreement for
short-term vacation rental must have a copy ofthese Permit and Operational
Requirements attached to it and must include the following texma, notifications
and disclosures, which shall also be posted in uconapicuoue location inside the
unit:
i. The trash pick-up day and applicable m|uo and
regulations pertaining to leaving or storing trash or refuse on the exterior ofthe
property.
K Notification that the occupant may be cited or fined by
the City for violation of any provision of the Municipal Cme. including but not _
|indnd to amplified sound, including mdiom, televisions and other electronic
devices, that creates a noise disturbance in violation of Chapter 7.45 of the Seal ~1
Beach Municipal Code.
iii. A recommendation that the occupant participate
voluntarily in neighborhood quiet hours by avoiding parties and loud social events
between the hours of 10:00 p.m. and 7:00 a.m.
iv, The name of the owner m prop" manager and a
telephone number at which that party may be reached at all times.
n. Response to Complaints. The property owner cvmanager
must provide the City with a phone number at which heorshe can be contacted
on a24-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,
opongion, or conduct of occupants of the short-term vacation oanbs| ohoU be o -
violation of this Ordinance. Nothing in this Ordinance shall bo construed ko
require or authorize an owner or property manager 0n act ooa peace officer orto
intervene in situations that pose a risk to personal safety. The owner orproperty
manager must maintain records of the name, violation, date, and time ofeach
oumpka|nt, disturbance, and response and onrmciwa action by owner. Such
records must ba maintained for ak least three years.
0. On-Site Property Owner or PropertV Manager Required fo
Vacation Rentals In Excess of 2 Units. A property owner or property manager
shall reside on each site that contains more than 2 vacation rental units. Such
Ordinance Number 181B-U
property owner 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 10 the subject vacation rental unit are avoided or adequately
mitigated may bo imposed pursuant Uo 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 ahuU file an application
fore conditional use permit on or before July 6, 2012. For the purpose of this
ordinance, "licensed" shall mean avacation rental ao1owhich as of January 1,
2010. the property owner had and, thereafter, has continuously maintained a
valid business license, and has registered t 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 uf the Municipal Code.
b. Interim Ordinance Number 1818-U provided anopportunityhuroaoh
property owner of an existing, licensed vacation rental to continue renting
vacation rentals if heor she supplied to the City proof ofo 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, ormoof May J,2O12'
C. Onm 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 onJinanoe, in order to amortize the property owner's investment. Such
request must be made in writing setting forth the meeono for the roqueot, a
proposed abatement period after which the owner either ceases renting any unit
for use u[avacation rental unit or obtains a CUP topermit such unu. and all
'—
supporting exWonoe. The owner ahu|| bear the burden of proof. The Qty
Council shall consider the mqu*a1 at e public hearing and may consider the
following: (j) the length of the proposed abatement period in relation to the
owners investment in the use of the property as a vacation rental; (H) 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. Se�ra�U� � any aeo8on, subsection, eubd���n,
panaQ�ph.oe�ence,olauoeor phrase of this ordinance nr any part thereof is for
any reason held to be invalid, such invalidity shall not affect the validity ufthe
remaining portions of this ordinance or any part hoecJ. The City Council of the
City of Sno| Beach hereby deo/uvea that it would have peueod each section,
oubomction, uubdivioion, paragraph, aentence, o|uuam or phrase hmmnf,
irrespective of the fact that any one or more sections, subsections, subdivisions,
paragraphs, sentences, clauses nr phrases be declared invalid.
Section 10. The City Clerk shall certify to the passage and adoption of
this Ordinance and shall cause the same nro summary thereof to be published
and posted in the manner required by law.
Ordinance Number 1G19-U
PASSED APPROVED AND ADOPTED by the City Council of the City ufSea]
Beach at a meeting thereof held on the 14th day of May 2012.
ATTEST:
^
'
STATE OF CALIFORNIA )
|
COUNTY OF ORANGE }8S
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 ordinance is an original copy of Urgency Ordinance Number
1619-U on file in the office of the City Clerk, passed, approved and adopted by
the City Council of the City of Seal Beach, pursuant to the City Charter and
Government Code § 36967(b), at a meeting hold on the 14th day of_May 2012
by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
and du hereby further certify that Urgency Ordinance Number 1619-U_haabeon
published pursuant to the Seal Beach City Charter and Resolution Number 2Q08.
Planning Commission Staff Report
Conditional Use Permit 12-20
1115; 1115Y2Seal Way
November 7, 2012
ATTACHMENT 3
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'done of s;.t, C;:.ie' i3C'1Cal exemptions applies ,,he,r' thr' COr ulati v-
impact Of successive projects of the same type in the sane Place
over tirne is significant.. 14 Cal Code Regs §15300.2(b). Notably,
under the ��!orclsn cif ibis C1�QA Guideline, this exCeption is 11_3ri"w-
ex than the bread definition of cumulative impacts as defined ann
applied elsewhere in CRQA practice. Generally, in CLQA practice,
a cumulative impact is a change that results from the incremental_
impact of the oro�ec_t in rvquestion when added to other. - projects.
14 Cal Code Regs §15355(b); see generally § §13.37 - 13.53. In apply-
ing this exception, however, ?he cumulative impact must result from
"successive projects of the same type in the same place." 14 Cal
Cade Regs §15300,2(b).
In East Peninsula Educ. Council, Inc. v Palos Verdes Peninsula
Unified Sch. Dist. (19891 210 CAM 155, 258 CR 147, the school
Application of Common Sense Exemption
The lead agency considers the possible applicability of the com-
mon sense exemption as part of the second tier of preliminary review
of an action, when the agency is evaluating whether an activity
that is a project subject to CEQA may nevertheless be exempt.
14 Cal Code Regs §15061(a), (b)(3); Muzzy Ranch Co. v Solano
County Airport Land Use Comm'n (2007) 41 C4th 372, 380, 60
CR3d 247. In making the required determination that there is no
possibilittliat the activit� question may have a si n� ificant effect,_
the agency must make a factual review of the record to determine
whether the exemption_ applies. As the California Supreme Court
stated in Muzzy Ranch, "whether a particular activity qualifies for
the common sense exemption presents an issue of fact, and the
_agency _IgLncy invoking the exemption has the burden of demonstrating
that i__ t annt;Ps." 41 C4th at 386.
Before the California Supreme Court's ruling in Muzzy Ranch,
a series of appellate decisions had set a different standard for applica-
tion of the common sense exemption, generally ruling that the use
of this exemption could be defeated by as little as a reasonable
at ument that the project might have a si nificant impact. Davidon
Homes v City of San Jose (1997) 54 CA4th 106, 188, 62 :CR2d f
612 (agency must refute reasonable argument against exemption,
to a certainty); Dunn - Edwards Corp. v ay Area Air Qua ity Mgrnt.
Dist. (1992) 9 CA4th 644, 11 CR2d 850 (when evidence i __RL
to lead a ency in possibility oi_ adverse i pat agent° cannot
Tel on absence of, nnor,� ting data, because agency cannot say with
certainty that there is no possibility of sigzniticant effect on environ-
ment); Myers v Board of Supervisors (1976) 58 CA3d 413, 427,
129 CR 902 (explicit claims that adverse impacts will result, even
if exaggerated or untrue, are sufficient to defeat the use of this
exemption). Moreover, in the most recent case before Muzzy Ranch,
the court in California Farm Bureau Fed'n v California Wildlife
Conseru Bd. (2006) 143 CA4th 173, 186 n7, 49 CR3d 169, noted
that the standard for application of the exemption was uncertain.
The court in Muzzy Ranch did not explicitly reject these earlier
decisions, and cited them to support its ruling that the application
of the exemption must be supported by record evidence, It is clear
from language of the Muzzy Ranch decision, however, that the ap-
plication of the exemption is to be decided based on whether record
evidence supports the exemption, because the court cited Davidon, -�`
Homes for the proposition that it is particularly important for the
lead agency to produce evidence supporting its determination when
0:@3onents have raised arguments against the use of the exemption
Jii i \N11re Lake Tahoe Real Estate : Lake Tahoe Real Estate - Jim Wire, Chase International Page 2 of 5
,section 42 § 12181 (7)(A) states, "(7) Public accommodation
The following - private entities are considered public accommodations for purposes of this subchapter,
if the operations of such entities affect commerce—
(A) an inn, hotel, motel, or other,place of lodging, except for an establishment located within a theti
building that contains not more than five rooms for rent or hire and that is actually OL--
proprietor of such establishment as the residence of such proprietor;
(C) No individual shall be discriminated against on the basis of disability in the full and equal
enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place
of public accommodation by any person who owns, leases (or leases to), or operates a place of public
accommodation.
This is something that is now being challenged in Big Bear and Lake Tahoe. A group of investors
representing hotels, motels and inns are trying to eliminate its competition in Big Bear by using the
ADA law against vacation rental agencies and home owners. In Lake Tahoe an individual that
happens to be an attorney with a handicap is pursuing law suits against commercial properties,
businesses and vacation rentals such as homes and condos. This individual is both enforcing
compliance with ADA requirements and seeking cash settlements that are ranging in the thousands of
dollars.
For those of you that are not familiar with the vacation rental market, it is a home owner that rents
their home on a nightly basis but it is usually infrequent. In large, the income carried is not substantial
and most are happy to realize enough revenue to pay a small portion of their property expenses. For
example the average occupancy might only be two months out of the year. At $150 per night this
could equate to a gross amount of $8,000 to $10,000 per year. Minus the management fees and you
might have enough to pay the property tax bill.
Obviously, vacation rentals are not a profit making venture. In its aggregate form, the rental agencies
are able to make a profit by managing dozens of these properties. The vacation rental business as a
whole does represent a significant percentage of the lodging business. As more home owners use their
homes for vacation rentals it does make an impact. The Big Bear lawsuit did exempt the rental
agencies from any liability due to ADA compliance. Because the rental,agencies did not own the
homes, the judge did suggest that the home owners themselves could be liable. The door is now open
to an attack on the home owners.
Many of you understand that building codes change every year. If home owner were to be held
liable for every code change, you could imagine the huge cost of renovation that it would extol. That
is why homes are grandfathered for future codes. However, a major remodel could make the home
owner eligible to comply with current codes. Shouldn't a home owner have the same protection from
ADA laws regardless of usage? Should an infrequent rental be considered as public access?
Don't get me wrong. I believe that public entities should create public access for everyone which
includes the handicap. In fact many -o-f-u-s- have -_Feen 'temporarily handicapped at some in our life
.cn includes me. As we row older, we
d. It's —in
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friake sure this happens. But to what extent should this apply? What is reasonable7 If the above- —
mentioned plaintiffs are successful with enforcing ADA compliance with individual home owners, is
this an infringement on our individual ownership rights? I look forward to your comments.
http:ll,A,-ww,hotwiretotalioe.comlis-the-ada-compliance-infringing-on-home-owner-rights'I 8120/2012
"Imd
.. . . ...... ........ 8th
City of Seal Be a ch, 211 • Street
Seal Beach, CA 90740
562-431-2527
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Seal
Beach will hold a public hearing on Wednesday, October 17, 2012, at 7:30 p.m. in
the City Council Chambers, 211 Eighth Street, Seal Beach, California, to consider
the following item:
CONDITIONAL USE PERMIT 12-20
1115 and 1115% Seal Way
Request: For a Conditional Use Permit (CUP) to allow a short-term vacation
rental property within the Residential High Density (RHD-20) zone
at 1115 and 1115%2 Seal Way. / CL_'
Environmental
Review: The proposed proiect is categorically exempt from the
requirements ot5EF)
Code
Sections: Chapters 11.2.05; 11.4.05.135; and 11.5.20 ofthe Code of the City
of Seal Beach
C171 6
Applicant: Alexander Yoffe t--
Owner: Harold B. Rothman
At the above time and place all interested persons may be heard if so desired. If you
challenge the proposed actions in court, you may be limited to raising only those issues
you or someone else raised at the public hearing described in this notice, or in written
correspondence delivered to the City of Seal Beach at, or prior to, the public hearing.
DATED This 28th day of September, 2012
Jer 'O' 1-i- era, AICP
Z
5i'�ni r P1 nner, Department of Community Development
Planning Commission Staff Report
Conditional Use Permit 12-20
1115; 11151 Seal Way
November 7, 2012
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