HomeMy WebLinkAbout8 - CUP 12-22 (1310 & 1310.5 Ocean Avenue)November 7, 2012
STAFF REPORT
To: Honorable Chairwoman and Planning Commission
From: Department of Community Development
Subject: Conditional Use Permit 12 -22
1310; 1310% Ocean Avenue
111111 1111111
GENERAL DESCRIPTION
Applicants: ROBERT AND NANCY BECK
Owners: ROBERT AND NANCY BECK
Location: 1310;13101/2 OCEAN AVENUE
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 -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
November 7, 2012
FACTS
❑ 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 13101/2 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.
❑ Notice of the public hearing to consider the application was mailed to all
properties within 500 feet of the subject property.
❑ 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.
❑ 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, 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).
❑ 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.
r-I 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 1, 2012, Staff has received no correspondence concerning the
proposed use.
2
Planning Commission Staff Report
Conditional Use Permit 12-22
1310; 131OY2 Ocean Avenue
November 7, 2012
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 I
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;
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
Planning Commission Staff Report
Conditional Use Permit 12-22
1310; 1310Y20cean Avenue
November 7, 2012
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 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.
Based on the foregoing, staff believes that the requisite findings for approving a CUP
can be made in this case.
4
Planning Commission Staff Report
Conditional Use Permit 12-22
1310, 1310% ocean Avenue
November 7, 2012
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.
IIIIIIIIIIII II'
RECOMMENDATION:
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.
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
Jerr io e plivera, AICP
S r
S io;,4lanner, Department of Community Development
5
Planning Commission Staff Report
Conditional Use Permit 12-22
1310; 131 g% Ocean Avenue
November 7, 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 113110Y2
Ocean Avenue, Seal Beach.
Attachment 2: Interim Ordinance 1624-U
Attachment 3: Project Plans
M
Planning Commission Staff Report
Conditional Use Permit 12 -22
9310; 1310% Ocean Avenue
November 7, 2012
ATTACHMENT 1
RESOLUTION NUMBER 12-35, A RESOLUTION
OF PLANNING COMMISSION
OF 1 BEACH APPROVING • • 1
SHORT-
TERM VACATION i - i PROPERTY,
THE ! 1
ZONE AT AND f OCEAN AVENUE,
SEAL BEACH.
7
Planning Commission Staff Report
Conditional Use Permit 12 -22
1310; 1310/ Ocean Avenue
November 7, 2012
RESOLUTION NUMBER 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 1310x7
OCEAN AVENUE, SEAL BEACH
THE PL/kRilING COMMISSION OF OF DOES
HEREBY i • i 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 1310'/2 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.
Section 5. The record of the public hearing of November 7, 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.
Planning Commission Staff Report
Conditional Use Permit 12-22
1310; 131010cean Avenue
November 7, 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 1310Y2
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. The subject property is located within the area commonly known as "Old
Town".
e. 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.
EM=
NORTH: Single and multi-family residences within the
Residential High Density (RHD-20) zone.
SOUTH: Single and multi-farnily 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.
9. As of October 31, 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;
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;
M
Planning Commission Staff Report
Conditional Use Permit 12-22
1310; 131OY20cean Avenue
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 12-22, 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'/2 Ocean Avenue.
2. The applicants shall hereby comply with all requirements enumerated within
Interim Ordinance Number 1624-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.
7. Occupancy shall be limited to a maximum of two (2) adults and two (2) children
per dwelling unit.
10
Planning Commission Staff Report
Conditional Use Permit 12-22
1310, 1310Y2 Ocean Avenue
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-car garage assigned to the units at 1310 and 1310'/2 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 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 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.
Planning Commission Staff Report
Conditional Use Permit 12-22
1310; 131OY2Ocean Avenue
November 7, 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 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
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.
ON
Planning Commission Staff Report
Conditional Use Permit 12-22
1310; 131OY2Ocean Avenue
November 7, 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.
13
Planning Commission Staff Report
Conditional Use Permit 12-22
1310; 13101 Ocean Avenue
November 7, 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:
AYES:
Commissioners
NOES:
ABSTAIN:
Commissioners
ABSENT:
Commissioners
Sandra Massa-Lavitt
Chairwoman of the Planning Commission
Greg Hastings
Interim Secretary of the Planning Commission
M
Planning Commission Staff Report
Conditional Use Permit 12 -22
1390; 93911% Qcean Avenue
November 7, 2012
ATTACHMENT 2
INTERIM ORDINANCE NUMBER
REGARDING SHORT _ VACATION RENTAL
PROPERTIES
ORDINANCE NUMBER 1624-U
AN URGENCY ORDINANCE OF THE CITY OF SEAL BEACH
APPROVING ZONE TEXT AMENDMENT 12 -3 PROHIBITING
RENTAL OF RESIDENTIAL PROPERTY ON A SHORT -TERM
BASIS
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS 1
FOLLOWS:
Section 1. On October 3, 2012, the Planning Commission conducted a
duly noticed public hearing to consider prohibiting the short-term rental of
residential properties (Zone Text Amendment 12 -3). After receiving public
testimony, the Commission adopted Planning Commission Resolution No.12 -32,
recommending that the Council prohibit renting residential property for periods
less than 30 days.
Section 2. On October 22, 2012, the City Council conducted a duly
noticed public hearing on Zone Text Amendment 12 -3. Persons spoke in favor of
and against short-term rentals.
Section 3. The City Council hereby finds:
A. The City's location and proximity to the coast makes it a popular
destination for tourists and visitors, many of whom choose to stay or hold events
in residential units such as, but not limited to, single- family and multiple - family
dwelling units, apartment houses, condominiums, cooperative apartments,
triplexes, and duplexes for fewer than 30 days.
B. The City Council previously enacted Section 11.4.05.135 of the '
Municipal Code, which requires vacation rentals to obtain a conditional use
permit ( "CUP ") and meet certain minimum operational standards.
Notwithstanding enactment of Section 11.4.05.135, some vacation rentals in the
City have continued to negatively impact neighboring residents.
C. On April 9, 2012, the City Council adopted Ordinance No. 1618 -U,
imposing new interim regulations on new and existing vacation rentals. On May
14, 2012, the City Council adopted Ordinance No. 1619 -U amending and
extending the interim regulations for new and existing vacation rentals, including
the requirement that all previously nonconforming vacation rentals obtain a
conditional use permit for such use.
D. Based on experience in the City and in other jurisdictions, it is
known that short term renting or leasing of residential properties have the
potential to create the negative land use impacts for neighboring residential uses.
These include but are not limited to noise disturbances due to late night arrivals
and parties with numerous guests and amplified music, insufficient parking, and
unsanitary and unsightly trash accumulation. These problems are exacerbated
when multiple units on the same parcel are rented on a short-term basis at the
same time and /or to large groups. Moreover, because short-term occupants do
not stay in the residence for longer periods, they and their guests have less ,
personal incentive to moderate their behavior to avoid negatively impacting
neighboring residents.
E. Accordingly, there is a current and immediate threat to the public
health, safety, and welfare presented by the expansion of the number of vacation
rentals in the City beyond the number of such uses that the City has previously
approved and for which the City has previously received a conditional use permit
application. The approval of any additional conditional use permits for vacation
rentals beyond those previously approved or those for which the City has
previously received an application will result in that threat to the public welfare
Ordinance Number 1624U
unless this Ordinance is immediately efhective. Due to the foregoing
oircumstancea, it is necessary for the preservation of the public hemhh, safety,
and welfare for this Ordinance bo take effect immediately. This Ordinance ison
urgency ordinance for the immediate preservation of the public peaoe, has|1h,
and safety within the meaning of Government Code Section 36937(b) and
therefore shall be passed immediately upon its introduction and shall become
effective immediately upon its adoption.
F. Approval of Zone Text Amendment 12-3 is categorically exempt
from review pursuant to the Cm|ffornia Environmental 0wmhty Act (CEOA)
pursuant to CEOA Guidelines Section 15305 (K8|nn/ Alterations in Land Use
Limitations), because it consists $f minor alterations in land use limitations in
areas with an average slope of less than 2D96 and does not result in any changes
in land use or density; and 800hun 15061(b)(3). because it can be seen with
certainty that there is no possibility that the approval may have a significant effect
on the environment; and
G. Zone Text Amendment 12-3 is consistent with the City's General
Section 4. The establishment of any new vacation rental is prohibited.
The City shall not accept any conditional use permit application for evaootion
rental after October 22.2O12. Applications submitted onor before October 22.
2012 shall be processed and may be approved in accordance with the provisions
of the Municipal Code and Ordinance Mo. 1619'U. Ordinance No. 1819-U is
superseded by this Ordinance and shall have no further effect except for the
limited purpose of processing and reviewing conditional use permit applications
for vacation rentals filed nnor before October 22,2U12.
Section 5, The Municipal Cude, including but not Nndej to Table
112.05.010. is amended bz delete any reference to ^vmusdon manba|w,~ Table
11,2.05,010 of the Municipal Code is further amended to indicate that "Short
-- Tenn Rental of Residentially Zoned Property" is neither permitted nor
conditionally permitted in any zoning district of the City and to o/wms-naharenue
Section 11.4,05.135.
Section 6. Section 11,4.05,135 of the Municipal Code is amended to
read as follows:
^Shod-Term Rental of Residentially Zoned Property.
A. Prohibited. No residentially zoned property, or any portion
thereof, shall be leased or rented for a term of 29 days or
less for any punpose, including but not limited to any
residential orcommercial purpose such as vacation rentals,
weddings. or other event rentals, �
B� Legal Nonconforming Vacation Rentals. Any vacation rental
granted a conditional use pannb pursuant to Ordinance No.
1819-U shall be e legal nonconforming use permitted to
continue subject to its conditions of approval and Chapter
11.4.4Oof the Zoning Cndu.~
Section 7, Pursuant to Ordinance No. 1819-U. the City issued
conditional use permits (''CUPa") for number of vacation nmntm|e. One of the
conditions uf approval attached tn each CUP im the requirement that the property
owner comply with the permit and operational requirements set forth in
Ordinance No. 1819-U. In that Ordinance No. 1619-U will be superseded upon
the effective date of this Ordinance, such standards are restated below. Each
property owner who has m CUP for o vacation rental must comply with the
following permit and operational requirements:
A. Business License Required. The property owner must obtain o
business license prior to operating or establishing a vacation rental.
B. The property owner must complete the
Transient Occupancy Tax Remittance form prior to operating or establishing o
vacation mental and mhe|| pay the Transient Occupancy Tax in accordance with
the Seal Beach Municipal Code.
C Visitor occupancy shall belimited to
maximum o/28 consecutive days.
D. Fire and Life agfgtty. Fine and life safety requirements as required
by the Fire Authohty and the Building Department shall be implemented. These
requirements ino|ude, but are not limited toapproved smoke detectors ineach
lodging noom, installation of an approved fie extinguisher in the structure, and
the inclusion nfan evacuation plan posted in each lodging room.
E. Annual Inspection. Each vmumhun rental and| comply with the
annual fire and life safety certification procedures of the Orange County Fire
F. First-day arrival mtovacation rental is prohibited
after 9:30 p.m. All lease or rental agreements must include this prohibition.
G, Vacation renters must vacate the unit before
noon on the final day of their tenancy.
K Renter Information and Acknowledgement. Prior to occupancy of
short-term vacation rental unit, the owner shall: (0 obtain the name, addreos,
and a copy of vm|kj government identification of the primary adult occupant of
the short-term vacation rental: and (i1) require the primary adult occupant to
execute a formal acknowledgement that he or she is legally responsible for
compliance of all occupants of the short-term vacation rental or their guests with --
all applicable |aws, rules and regulations pertaining to the use and occupancy of
the short-term vacation rental The acknowledgement must include the text of
Section 7.45.O1Oof the Municipal Code, which provides osfollows:
"Upon the initial response of the police department to any disturbance
involving loud, unnecessary and unusual noise, the chief of police may,
in Ueu of or in addition to taking other action authorized by |aw, give
notice to the person or persona 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 vvheny|n the
disturbance has occvrred, 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 |i department in connection with
any continuation or resumption of such disturbance. Such notification
ahm|| be in such form as may be approved by the chief ofpolice. The
costs of any subsequent response shall be assessed to the person or
persons receiving such ncdima and mhm|| include all coats 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 ba
established by the chief nfpolice and approved by the city council.
The finance department uhm|| invoice such costs to the person or
persons liable therefor under this chapter, and such costs shall
constitute o debt to the city and be collectible by the city in the same
manner as in the case of an obligation under contract; provided,
however, that in no event shall apenoon'u liability hereunder exceed
$1.00U for any single subsequent nenponoe.^
This information and acknowledgment shall bemaintained bv the owner
for mperiod of three years and shall bereadily available upon request of any
police officer or employee of the City authorized to enforce this Ordinance orany
applicable |sw, rule or regulation pertaining to the use and occupancy of the
short-term vacation rental.
i
Trash. Trash and nafumo must not be left stored within public view,
except in proper containers for the purpose of collection by the City's authorized
waste hauler on scheduled trash collection days. The owner or property
manager must provide sufficient trash collection containers and service tomeet
the demand of the occupants,
J� Lease Terms, Each new lease or rental agreement for eshod-term
vacation rental must have a copy uf these Permit and Operational Requirements
attached to it and must include the following henns, notifications and disclosures,
which shall also be posted in�i conspicuous location inside the unit:
1. The trash pick-up day and applicable rules and regulations
pertaining &o leaving ur storing trash or refuse onthe exterior of the property.
2. Notification that the occupant may be cited or fined by the
City for violation of any provision of the Municipal Code, including but not limited
to amplified sound, including radios, televisions and other electronic devices, that
creates a noise disturbance in violation of Chapter 7,45 of the Seal Beach
Municipal Code.
3 A recommendation that the occupant participate voluntarily
in neighborhood quiet hours by avoiding parties and loud social events between
the hours of1O:OOp.m. and 7:OUa.m.
4. The name of the owner or property manager and a
�
telephone number at which that party may be reached at all times.
u�
K_ The property owner or manager must
provide the City with a phone number at which hemshe can be contacted onm
24-hour basis regarding nuisance complaints arising at or from the use of the
property as u vacation rental. Upon receipt ofa nuisance complaint or upon
notification that any occupant or quest of the short-term vocation rental has
created unreasonable noise or disturbances, engaged in disorderly ounduct, or
committed violations of the Municipal Code or any state |mm, the owner or
property manager must respond within 45 minutes of receiving such notification
and must promptly take corrective action Uo immediately prevent o recurrence of
such conduct by those occupants orguests- Failure hu timely respond tu calls or
complaints as required or take timely corrective action regarding the oondidon,
opemtinn, or conduct u(occupants of the short-term vacation rental oheU be a
violation of this Ordinance. Nothing in this Ordinance oho|| be opnohuwd to
require orauthorize on owner or property manager to act as a peace officer ortn
intervene in situations that pose a risk to personal safety. The owner orproperty
manager must maintain records of the name, vio/adon, daba, and time of each
comp|ai/t, disturbanco, and response and corrective action by owner. Such
records must be maintained for ad least three years.
Section 8. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this Ordinance or any part thereof is for any reason held to
be invalid, such invalidity shall not affect the validity of the remaining portions of
this Ordinance or any part hereof. The City Council of the City of Seal Beach
hereby declares that it would have passed each section, subsection, subdivision,
pansgnmph, aenbanoe, clause or phrase heneof, irrespective of the fact that any
one or more sections, subsections, subdivisions, paragraphs, sentences, clauses
or phrases be declared invalid.
Ordinance Number 1624-U
Section 9- The City Clerk shall certify to the passage and adoption of
this Ordinance and shall cause the same or a summary thereof to be published
and posted in the manner required by law.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a
regular meeting held on the 22nd day of October , 2012.
r '
1 Mayor
STATE OF CALIFORNIA I
COUNTY OF ORANGE SS
CITY OF SEAL BEACH
APPROVED AS TO FORM:
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 Ordinance Number
1624U on file in the office of the City Clerk, passed, approved, and adopted by
the City Council of the City of Seal Beach, pursuant to the City Charter and
Government Code § 36967(b), at a meeting held on the 22nd day of October,
2012 by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
and do hereby further certify that Ordinance Number 1624U has been published
pursuant to the Seal Beach City Charter and Resolution Number 2836.
AityClerlke JA-
Planning Commission Staff Report
Conditional Use Permit 12-22
1310; 131OY2 Ocean Avenue
November 7, 2012
11M