HomeMy WebLinkAbout5 - CUP 12-12 (1605 Seal Way) continued from 10-03-12To: Honorable Chairwoman and Planning Commission
From: Department of Community Development
Subject: Conditional Use Permit 12 -12
1605 Seal Way
GENERAL DESCRIPTION
Applicants: FRANK AND JENNY TOMICH
Owners: FRANK AND JENNY TOMICH
Location: 1605 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
Recommendation: APPROVE CUP 12-12, SUBJECT TO CONDITIONS. APPROVAL
SHOULD BE THROUGH THE ADOPTION OF PLANNING
COMMISSION ! # !
Planning Commission Staff Report
Conditional Use Permit 12-12
1605 Seal Way
December 19, 2012
FACTS
❑ On July 6, 2012, Frank and Jenny Tomich ("the applicants") filed an application
with the Department of Community Development for Conditional Use Permit 12-
12 to permit them to use the property at 1605 Seal Way (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.
❑ This subject application was originally discussed by the Planning Commission at
the October 3, 2012 meeting and at the request of the Planning Commission,
was continued to a subsequent meeting. Staff subsequently re-noticed the
public hearing for Conditional Use Permit No. 12-12 for the regular Planning
Commission meeting of December 19, 2012.
❑ The subject property is described as Orange County assessor's parcel # 199-
094-34; is 25'-0" x 100'-0" in size; and comprises 2,500 square feet in area.
❑ The property is nonconforming due to a substandard rear yard setback,
substandard off-street parking, and exceeding the allowable density- three
existing dwelling units on a lot where only one would be allowed per the current
zoning code.
LJ The surrounding land use and zoning are as follows:
NORTH- Single and multi-family residences in the Residential High
Density (RHD-20) zone.
SOUTH: Beach; Boardwalk; Public Pacific Ocean.
7 3
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 subject property is presently developed with a three-story, duplex main
dwelling towards the front of the property (beach side), and a detached, two-
story structure at the rear of the property with a two-car garage and third dwelling
unit on the second floor of the detached structure.
❑ Due to the nonconforming rear yard setback, there is not adequate space to park
a standard sized automobile within the area between the garage and the rear
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Planning Commission Staff Report
Conditional Use Permit 12-12
1605 Seal Way
December 19, 2012
property line. However, there are two additional, on-site, uncovered parking
spaces adjacent to the garage, which are accessible from Seal Way.
❑ The property was most recently sold in May 2012 and to staff's knowledge, has
never been used as a legal, short-term vacation rental property.
❑ As of December 12, 2012, Staff had received one email in opposition to the
project, in response to the hearing notices that were mailed out and published for
the original hearing on October 3, 2012, and staff has received no
correspondence in response to the hearing notices that were mailed out and
published for the continued hearing of December 19, 2012.
BACKGROUND
The applicants/owners bought the property with an existing, nonconforming triplex in
May 2012 and online records confirm that the property was sold in May 2012. Based
on a conversation that staff had with the applicants/owners, the previous owner had
apparently insinuated to the new owners that the property was an existing vacation
rental property. There is presently no business license or TOT. registration on file with
the City, but staff did have evidence that the property had been listed on VRBO prior to
May 2012 and that the property had most likely been used as an illegal short-term
vacation rental property prior to May 2012. When the current owners became aware
that a CUP was required for such short-term rental properties, they filed the necessary
public hearing application with the City in a timely manner. 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 and does not have any records of any
complaints or police reports concerning such use at the subject property..
DISCUSSION
=!=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:
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Planning Commission Staff Report
Conditional Use Permit 12-12
1605 Seal Way
December 19, 2012
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.
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 occupants may
be cited or fined by the City for any violation of any provision of -the Municipal Code, that
trash be stored within 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.
During recent CUP hearings for other short-term vacation rental property requests, both
the Planning Commission and members of the public have expressed concern for
certain properties wishing to obtain such permits, where there was a lack of adequate
on-site parking or where those properties did not have an on-site or nearby owner or
property manager. Staff believes that neither of those conditions exists with the subject
property, as there is adequate on-site parking to serve the proposed vacation rental
use, based on occupancy limitations placed on the subject property, and the property
owner lives on the subject premises.
Applying applicable law to the present application, staff recommends that the
Commission approve a CUP for the subject property, subject to reasonable conditions.
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.
Additionally, staff believes that because the subject property is located along the
beachfront, it is in an area where it is less likely to cause disruption to the neighborhood
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Planning Commission Staff Report
Conditional Use Permit 12-12
1605 Seal Way
December 19, 2012
at large. The property also provides two additional off-street parking spaces for each
vacation rental unit and the property owner lives on the premises in a rear unit above
the garage, therefore being immediately available to address any problem that should
arise.
Thus, staff believes that a vacation rental at this location, 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 triplex, its
location, and other features of the proposed use.
Based on the plan submitted by the applicants, staff recommends that occupancy be
limited to a maximum of not more than four (4) overnight guests for the two-bedroom
downstairs unit and not more than six (6) overnight guests, with a maximum of four (4)
adults over the age of 18, for the three bedroom upstairs unit. Staff also recommends
that the entire garage and open parking spaces be kept free and clear of any
obstructions that would prevent the occupants' automobiles from utilizing the garage
and open parking spaces for parking at all times, and that a resident-owner or property
manager shall reside on the premises 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.
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 the property provides adequate parking for
the two vacation rental units, conditions placed on the subject request will
limit the number of guests staying on the premises, require an on-site
property manager, set specific quiet hours, and mitigate other potential
land use impacts that may be created by short term occupancy.
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Planning Commission Staff Report
Conditional Use Permit 12-12
1605 Seal Way
December 19, 2012
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.
I
RECOMMENDATION:
ECO TION:
Staff recommends the Planning Commission, after considering all relevant testimony,
written and oral, presented during the public hearing, approve Conditional Use Permit
12-12, subject to conditions as proposed and as may be amended by the Planning
Commission.
Staff's recommendation is based upon the belief that positive findings can be made for
all findings of approval as required by applicable sections of the Zoning Code.
For: December 19, 2012
FVM16anner, Department of Community Development
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Attachments: (4)
Attachment 1: Resolution No. 12-22, A Resolution of the Planning Commission
of the City of Seal Beach, approving Conditional Use Permit 12-
12, to allow a short-term vacation rental property, within the
Residential High Density (RHD-20) zone at 1605 Seal Way,
Seal Beach.
Attachment 2: Interim Ordinance Number 1624-U regarding short term
vacation rental properties
Attachment 3: Email received in opposition to the proposed project.
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Panning Commission Staff Report
Conditional Use Permit 92 -12
1605 Seal Way
December 99, 2012
ATTACHMENT 1
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Planning Commission Staff Report
Conditional Use Permit 12-12
1605 Seal Way
December 19, 2012
RESOLUTION NUMBER 12-22
A RESOLUTION OF TRE PLANNING
COMMISSION OF THE CITY • SEAL BEACH
APPROVING CONDITIONAL USE PERMIT 12-12,
TO ALLOW A SHORT-TERM VACATION RENTAL
PROPERTY, WITHIN THE RESIDENTIAL HIGH
DENSITY (RHD-20) ZONE AT 1•05 SEAL WAY,
SEAL BEACW
TME PLM1ftI?%G CO
HEREBY FIND AND RESOLVE:
Section 1. On July 6, 2012, Frank and Jenny Tomich ("the applicants") filed an
application for Conditional Use Permit (CUP) 12-12 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
1605 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 12-12 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 October 3, 2012, to consider the application for Conditional Use Permit
No. 12-12. At the public hearing the Planning Commission received written and oral
evidence on the proposed project and continued the public hearing to a date uncertain.
Staff subsequently re-noticed the public hearing for Conditional Use Permit No. 12-12
for the regular Planning Commission meeting of December 19, 2012.
Section 5. The record of the public hearing of December 19, 2012 indicates
the following:
a. On July 6, 2012, the applicants filed an application for Conditional Use
Permit 12-12 with the Department of Community Development.
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Planning Commission Staff Report
Conditional Use Permit 12-12
1605 Seal Way
December 19, 2012
b. The applicants are requesting approval to operate a short-term vacation
rental property within the Residential High Density (RHD-20) zone at 1605 Seal Way.
C. 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.
d. 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.
e. The subject property is located within the area commonly known as "Old
I
f. The subject property is described as Orange County assessor's parcel #
199-094-34; is 25'-0" x 100'-0" in size; and comprises 2,500 square feet in area.
9- The property is nonconforming due to a substandard rear yard setback,
substandard off-street parking, and exceeding the allowable density- three existing
dwelling units on a lot where only one would be allowed today, per the Current zoning
code.
h. Due to the nonconforming rear yard setback, there is not adequate space
to park a standard sized automobile within the area between the garage and the rear
property line. However, there are two additional off-street, open parking spaces
adjacent to the garage, which are accessible from Seal Way.
i. The property was most recently sold in May 2012 and to staffs
knowledge, has never been used as a legal, short-term vacation rental property.
Surrounding land uses and zoning are as follows:
NORTH: Single and multi-family residences within the
Residential High Density (RHD-20) zone.
IN
rfleve 4r
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.
k. As of December 12, 2012, Staff had received one email in opposition to
the project, in response to the public hearing notices that were mailed and published for
the original hearing on October 3, 2012, and staff has received no correspondence in
Z
Planning Commission Staff Report
Conditional Use Permit 12-12
1605 Seal Way
December 19, 2012
response to the hearing notices that were mailed out and published for the continued
hearing of December 19, 2012.
Section 6. Based upon the facts contained in the record, including those
stated in §5 of this resolution and pursuant to Chapters 11.2,05; 11.4.05.135; and
11.5.20 of the Code of the City of Seal Beach, the Planning Commission makes the
following findings:
a. CUP No. 12-12, 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 12-12 is also consistent with the remaining
elements of the City's General Plan, as the policies of those elements are
consistent with, and reflected in, the Land Use Element;
C. The proposed use is permitted within the applicable zoning district,
subject to the approval of a Conditional Use Permit, and as proposed to
be conditioned, will comply with all other applicable provisions of the
Municipal Code;
d. The project site is physically adequate for the type, density, and intensity
of use being proposed, including the provision of services and the
absence of physical constraints;
e. The location, size, design, and operating characteristics of the proposed
use will be compatible with and will not adversely affect uses and
properties in the surrounding neighborhood and;
f. The establishment, maintenance, or operation of the proposed use at the
location proposed will not be detrimental to the health, safety, or welfare
of persons residing or working in the vicinity of the proposed use..
Section 7. Based upon the foregoing, the Planning Commission hereby
approves Conditional Use Permit 12-12, subject to the following conditions:
1 Conditional Use Permit 12-12 is approved for the operation of a short-term
vacation rental within the Residential High Density (RHD-20) zone at 1605 Seal
Way.
2. This Conditional Use Permit authorizes the utilization of both dwelling units
located in the detached three-story structure on the property as short-term
vacation rentals, and not the studio unit located above the detached garage.
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Planning Commission Staff Report
Conditional Use Permit 12-12
1605 Seal Way
December 19, 2012
3. A property owner or property manager shall reside on the premises at all times
while the property is utilized as a short-term vacation rental property.
4. 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.
5. The property owners must maintain a business license while operating a short-
term vacation rental at the subject premises,
6. The property owners must 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.
7. The property owners shall not rent or lease the property for periods of less than
three (3) consecutive nights.
8. Visitor occupancy shall be limited to a maximum stay of 29 consecutive days.
9. There shall be not more than four (4) overnight guests for the two-bedroom
downstairs unit and not more than six (6) overnight guests, with a maximum of
four (4) adults over the age of 18, for the three bedroom upstairs unit.
10. The property owners shall implement and conform to fire and life safety
requirements, as required by the Orange County Fire Authority and the City's
Building Division.
11. The property owners shall comply with the annual fire and life safety certification
procedures of the Orange County Fire Authority.
12. First-day arrival at a vacation rental is prohibited after 9:30 p.m. All lease or
rental agreements must include this prohibition.
13. The two-car garage and two unenclosed parking spaces adjacent to the garage,
assigned to the units at 1605 Seal Way shall remain free and clear of any and all
obstructions that may preclude occupants from utilizing the garage space or
unenclosed parking spaces for parking and shall remain available for any short-
term occupants to use for parking vehicles.
14. Occupants must vacate the unit before noon on their final day of tenancy.
15. 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
Planning Commission Staff Report
Conditional Use Permit 12-12
1605 Seal Way
December 19, 2012
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.
16. Trash and refuse must not be left stored within the public view, except in proper
containers for the purpose of collection by the City's authorized waste hauler on
scheduled trash collection days. The owners or property manager must provide
sufficient trash collection containers and service to meet the demand of the
occupants.
17. 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
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 •
avoiding parties and loud social events between the hours • 10:00 p.
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.
18. The property owners or manager must provide the City with a phone number at
which he or she can be contacted on a 24-hour basis regarding nuisance
complaints arising from the use of the property as a short-term vacation rental.
The property owners or manager must also provide the owners of the
immediately adjacent properties with this phone number as well as a copy of this
resolution.
19. 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
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Planning Commission Staff Report
Conditional Use Permit 12-12
1605 Seal Way
December 19, 2012
made accessible to any law enforcement official to ascertain who is authorized to
be within the premises.
20. Upon any change in ownership of the property, the new property owner(s) are
subject to all conditions listed under CUP 12-12, 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.
21. No trash disposal activities may occur between the hours of 10:00 P.M. and 7:00
A. M.
22. No business signage shall be allowed on the premises for the short-term
vacation rental use.
23. The occupants of the property shall comply with Chapter 7.15, "Noise" of the C
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(s) /business operator(s) to mitigate the noise level to comply with the
provisions of Chapter 7.15.
24. 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.
25. 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.
26. 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.
27. 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
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Planning Commission Staff Report
Conditional Use Permit 12-12
1605 Seal Way
December 19, 2012
notarized and returned to the Planning Division; and until the 10 calendar-day
appeal period has elapsed.
28. The applicants shall indemnify, defend and hold harmless City, its officers,
agents and employees (collectively "the City" hereinafter) from any and all claims
and losses whatsoever occurring or resulting to any and all persons, firms, or
corporations furnishing or supplying work, services, materials, or supplies in
connection with the performance of the use permitted hereby or the exercise of
the rights granted herein, and any and all claims, lawsuits or actions arising from
the granting of or the exercise of the rights permitted by this Conditional Use
Permit, and from any and all claims and losses occurring or resulting to any
person, firm, corporation or property for damage, injury or death arising out of or
connected with the performance of the use permitted hereby. Applicant's
obligation to indemnify, defend and hold harmless the City as stated herein shall
include, but not be limited to, paying all fees and costs incurred by legal counsel
of the City's choice in representing the City in connection with any such claims,
losses, lawsuits or actions, expert witness fees, and any award of damages,
judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action.
29. 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
9 2012, by the following vote:
AYES:
Commissioners
NOES:
Commissioners
ABSENT:
Commissioners
Sandra Massa-Lavitt
Chairwoman of the Planning Commission
14
Jim Basham
Secretary of the Planning Commission
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Planning Commission Staff Report
Conditional Use Permit 12-12
1605 Seal Way
December 19, 2012
Planning Commission Staff Report
Conditional Use Permit 12 -12
1605 Seal Way
December 19, 2012
ATTACHMENT 2
PROPERTIES
m
ORDINANCE NUMBER 1
AN URGENCY ORDNANCE OF THE CITY OF SEAL BEACH
APPROVING ZONE TEXT AMENDMENT 12-3 PROHIBITING
RENTAL OF RESIDENTIAL PROPERTY ON A SHORT-TERM
BASIS
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS
FOLLOWS: I
Section 1. On October 3, 2012, the Planning Commission conducted m
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 Nu.12-32,
recommending that the Council prohibit renting residential property for periods
less than 3Odays.
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 itapopular
destination for tourists and visitom, many of whom uhnooa to stay or hold events
in residential units such es' but not limited to, single-family and multiple-family
dwelling units, apartment houses, oonduminiuma, 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 8. 2012. the City Council adopted Ordinance No 1618'U.
imposing new interim regulations un 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 nenta|s, including
the requirement that all previously nonconforming vacation mmba|o obtain a
conditional use permit for such use.
D. Based on experience in the City and in other juxisdioUons, 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 e short-term basis at the
same time and/or to large groups. [Nonyover, because short-term occupants do
not stay in the residence for longer pariodn, they and their guests have |eun
porouno| incentive to moderate their behavior to avoid negatively impacting
o�
neighboring residents.
E. Accordingly, there is a current and immediate threat to the public
health, safety, and welfare presented by the expansion nf the number ofvacation
rentals in the City beyond the number ofsuch 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 1G24U
unless this Ordinance is immediately effective. Due to the foregoing
cioumstmnuaa, it is necessary for the preservation of the public hemhh, aahaty,
and welfare for this Ordinance to hake effect immediately. This Ordinance is on
urgency ordinance for the immediate preservation of the public peoce, heelth,
and safety within the meaning of Government Code Section 38937(b) and
therefore xhe|| be passed immediately upon its introduction and shall become
effective immediately upon its adoption.
F. Approval of Zone Text Amendment 12-3 is categorically exempt
from review pursuant to the California Environmental Quality Ac (CEOA)
pursuant to CEOA Guidelines Section 15305 (Minor Alterations in Land Use
Limitatimns), because it consists of minor alterations in land use limitations in
areas with an average slope of less than 20% and does not result in any changes
in land use or density; and Section 15061(b)(3). because it can be seen with
certainty that there is no possibility that the approval may have a significant effect
on the environment; and
G. Zone Text Amendment 12-3 is consistent with the City's General
Section 4. The establishment of any new vacation rental isprohibited.
The City shall not accept any conditional use permit application for avacation
rental after October 22. 2012. Applications submitted on or before October 22,
2012 shall be processed and may beapproved in accordance with the provisions
of the Municipal Code and Ordinance No. 1819-U. Ordinance No. 1819'U is
superseded by this Ordinance and shall have no further offeo( except for the
limited purpose of processing and reviewing conditional use permit applications
for vacation rentals filed onor before October 22.2Oi3.
Section 5. The Municipal Code, including but not limited to Table
11�05.010. is amended Vo delete any reference to "vacation rentals." Table
11.2.05.010 of the Municipal Code is further amended to indicate that "Short
— Term Rental of Residentially Zoned Property" is neither permitted nor
conditionally pennhhad in any zoning district of the City and to cross-reference
Section 11.4.05.135.
Section 8, Section 11.4.O5.135ufthe Municipal Code is amended ho
read as follows:
"Shurt-Temn Rental ofResidentially Zoned Property.
A. Prohibited. No residentially zoned pmpedy, or any portion
thereof, shall be leased m rented for aterm of 2& days nr
less for any purpoae, including but not limited to any
residential or commercial purpose such as vacation nanbo|m.
weddings, or other event rentals.
B. Legal Nonconforming Vacation Rentals. Any vacation rental
granted a conditional use permit pursuant to Ordinance Nu.
1618-U aheU be a legal nonconforming use permitted to
continue subject to its conditions of approval and Chapter
11.4.4Oof the Zoning Code.^
Section 7, Pursuant to Ordinance No. 1810'U' the City issued
conditional use permits (^CUPs^) for a number ofvacation rentals. One of the
conditions of approval attached tn each CUP ie the requirement that the property
owner comply with the permit and operational requirements oa1 forth in
Ordinance No. 1619'U. In that Ordinance No. 1G10-U will basuperseded upon
the effective dote of this Ordinance, such standards are restated below. Each
property owner who has a CUP for a vacation nynto| must comply with the
following permit and operational requirements:
Ordinance Number 1624-U
A. Business License Required. The property owner must obtain
business license prior to operating or establishing a vacation rental,
B. Transient Occupancy Tax. The property owner must complete the
Transient Occupancy Tax Remittance form prior to operating or establishing e
vacation rental and shall pay the Transient Occupancy Tax in accordance with
the Seal Beach Municipal Code.
C. Maximum Length of Stay. Visitor occupancy shall belimited toe I
maximum of 29 consecutive days.
D. Fire and life safety requirements as required
by the Fire Authority and the Building Department shall be implemented- These
requirements inc|uda, but are not limited to approved smoke detectors in each
lodging room, installation of an approved fire extinguisher in the atructure, and
the inclusion nfan evacuation plan posted in each lodging room.
E. Annual Inspection. Each vacation rental shall comply with the
annual fire and life safety certification procedures of the Orange County Fire
Authority,
F. First-day arrival at vacation 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 tooccupancy of
short-term vacation rental unit, the owner shall: (i) obtain the name, address,
and o copy ofo vo|ki 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 of all occupants of the short-term vacation rental or their guests with --
all applicable laws, rules and regulations pertaining to the use and occupancy of
the short-term vacation rental. The acknowledgement must include the text of
Section 7.45.010 of the Municipal Code, which provides as follows:
"Upon the initial response of the police deportment to any disturbance
involving loud, unnecessary and unusual noise, the chief of police may,
in lieu of or in addition totaking other action authorized by law, give
notice tothe person or persons in actual or apparent control of the
activity creating the disturbance, orto the person or persons inactual
or apparent control of the property or premises wherein the
disturbance has 000urnod, 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 ofpolice. 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 oih/ in providing law enforcement services and
equipment at the scene of the dioturbanoe, 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 ufpolice and approved by the city council.
The finance department nhoU invoice such costs to the person or
persons liable therefor under this uhapter, and such costs aho|l
constitute a debt to the city and be ouUed(b|o by the city in the same
manner as in the cooa of an obligation under e contract; provided,
huwove,, that in no event shall u person's liability hereunder exceed
$1.0UO for any single subsequent emponae.^
Ordinance Number 1624U
This information and acknowledgment shall be maintained by the owner
for operiod of three years and shall be readily available upon request of any
police officer or employee cf the City authorized hoenforce this Ordinance orany
applicable |ow, rule or regulation pertaining to the use and occupancy of the
short-term vacation rental.
i Trash. Trash and refuse must not be left stored within public view,
except in proper containers for the purpose of collection by the City's authorized
waste hauler on scheduled trash collection days. The owner or property
manager must provide sufficient trash collection containers and service to meet
B�
the demand of the occupants.
J. Lease Terms. Each new lease or rental agreement Korashort-term
vacation rental must have a copy of these Permit and Operational Requirements
attached to it and must include the following tenno, notifications and diao|omunau.
which shall also be posted ina conspicuous location inside the unit:
1. The trash pick-up day and applicable rules and regulations
pertaining to leaving or storing trash or refuse on the exterior of the property.
2. Notification that the occupant may be cited or fined by the
City for violation of any provision cf the Municipal Code, including but not limited
to amplified mnond, including radios, televisions and other electronic devices, that
uneobyo a noise disturbance in vin|obun of Chapter 7.46 of the Seal Beach
Municipal Code.
3� Arecommondation that the occupant participate voluntarily
in neighborhood quiet hours by avoiding parties and bud social events between
4. The name of the owner or property manager and a
telephone number at which that party may be reached at all times.
K. ' The property owner or manager must
provide the City with o phone number od which heor she can be contacted ona
24-hour basis regarding nuisance complaints arising at or from the use of the
property as a vacation rental. Upon receipt ufa nuisance complaint nrupon
notification that any occupant or guest of the ahod4enn vacation rental has
created unreasonable noise or disturbances, engaged in disorderly conduct, or
committed violations of the Municipal Code or any state |ow, 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 orguests. Failure to timely respond to calls or
complaints as required nr take timely corrective action regarding the oondit/on,
npenm1ion, or conduct oyoccupants of the short-term vacation rental shall be a
violation of this Ordinance. Nothing in this Ordinance aheU be construed to
require authorize nn owner or property manager tn act ame peace officer o|to
intervene in situations that pose a risk 0m personal safety. The owner orproperty
manager must maintain records of the name, viu|ation, dete, and time of each
complaint, diyturbanm*, and response and corrective action by owner. Such
records must be maintained for ad least three years.
Section 8. If any section, aubaection, uubd|viuion, paragraph, sentence,
clause or phrase of this Ordinance or any part thereof ie for any reason held to
be invo|id, such invalidity shall not affooi the vo|kjih/ of the remaining portions of
this Ordinance or any pod hereof. The City Council of the City of Seal Beach
hereby declares that it would have passed each section, subsection, subdivision,
pammgnaph, oantence, o|ouae or phrase heoanf, 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.
i tMayor
STATE OF CALIFORNIA }
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:
F-Al 3. k I X
I
ABSTAIN: Council Members: / � P
and do hereby further certify that Ordinance Number 1624U has been published
pursuant to the Seal Beach City Charter and Resolution Number 2836.
elty, ut lerK
Planning Commission Staff Report
Conditional Use Permit 12 -12
1605 Seal Way
December 19, 2012
ATTACHMENT 3
EMAIL RECEIVED IN OPPOSITION TO THE
PROPOSED PROJECT
i�
Jerry Olivera
From: Jerry Olivera
Sent: Thursday, September 13, 2012 10:25 AM
To: Jerry Olivera
Subject: FW: 1605 Seal Way and 1606 112 Ocean
Dear Ellery,
As we discussed this afternoon, my wife and I believe very strongly that there needs to be
strict regulations (that will be enforced) on vacation rentals in Seal Beach.
We live in the 1600 block of Seal Way where there are many of these rentals. Our experience
has been very good with the vacation rental across the alley from our house (the Pineapple
Cottage) at 1620 Ocean Avenue. However, there are other vacation rentals where our
experience has been quite the opposite. The problems we have encountered are:
• Parking of cars in Seal Way alley where the cars are parked behind garages and jut out
into the alley causing a driving hazard
• People leave their cars in the alley while they run in to their rental to retrieve something,
thereby blocking the alley completely
These people seem to ignore that Seal Way is actually a street; they frequently get angry with
us and other residents if we ask them to move their car, completely disregarding the fact that
we live here .
• Noise and partying issues.
Some vacation renters are here to party and have a good time, their noise carries throughout
the neighborhood.
We are not against vacation rentals per se, but there needs to be strict controls placed on them
and the number allowed in Seal Beach. There should not be more than one such rental in any
given block of Seal Beach, such as the Pineapple Cottage which does an excellent job of
screening and managing their rental. That is simply not true for the vacation rentals at 1605
Seal Way and 1616 112 Ocean Avenue.
Yours very truly,
Tom and Josi Greeley
1629 Seal Way
I
Planning Commission Staff Report
Conditional Use Permit 12-12
1605 Seal Way
December 19, 2012
ATTACHMENT 4
18