HomeMy WebLinkAbout6 - CUP 12-23 (1208 Ocean Avenue)� •- 01 W
To: Honorable Chairwoman and Planning Commission
From: Department of Community Development
Subject: Conditional Use Permit 12 -23
1208 Ocean Avenue
GENERAL DESCRIPTION
Applicant: KELLY GENE BRUCE
Owner: KELLY GENE BRUCE
Location: 1208 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 -23, SUBJECT TO CONDITIONS. APPROVAL
SHOULD BE THROUGH THE ADOPTION OF PLANNING
COMMISSION RESOLUTION NO. 12 -36.
Planning Commission Staff Report
Conditional Use Permit 12-23
1208 Ocean Avenue
December 19, 2012
FACTS
❑ On October 10, 2012, Kelly Gene Bruce ("the applicant") filed an application with
the Department of Community Development for Conditional Use Permit 12-23 to
permit the use of the property at 1208 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.
❑ The property has been used as a short-term vacation rental property since
approximately July 2009.
❑ The property owner had previously filed a request to the City Council for an
exemption from the provisions of Ordinance 1619-U and was denied that
request.
❑ 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-
075-13; is approximately 30'-0" x 97'-0" in size; and comprises approximately
2,910 square feet in area.
❑ The property is nonconforming due to a substandard rear yard setback,
substandard off-street parking, and exceeding the allowable density- two existing
dwelling units on a lot where only one would be allowed per the current zoning
code.
❑ 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; Pacific
Ocean.
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 two-story structure (one
bedroom dwelling unit over a two-car garage towards the front of the property)
Planning Commission Staff Report
Conditional Use Permit 12-23
1208 Ocean Avenue
December 19, 2012
and an attached, single-story structure (main dwelling unit) rearward of the
garage.
❑ There are two, single car garages at the front of the property, which are
accessible from Ocean Avenue, and the garage setback is such that two
additional cars can be parked in the driveway area in front of the garage for a
total of four parking spaces on-site,
❑ As of December 13, 2012, Staff has received no correspondence in response to
the hearing notices that were mailed out and published for the public hearing on
December 19, 2012.
II IIII I III
iBACKGROUND
The applicants have operated the property as a short-term vacation rental property
since approximately July 2009. 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 from neighbors or other
members of the public or police reports concerning such use at the subject property..
DISCUSSION
The purpose of requiring a CUP for a particular use is to allow for special consideration
to ensure that the use can be designed, located, and operated in a manner that will be
compatible with surrounding uses and not interfere with the use and enjoyment of
properties in the vicinity.
Pursuant to the requirements of the Municipal Code, the Planning Commission can only
approve a CUP if it finds, based upon evidence presented at the hearing, that the
proposal as submitted, or as modified, conforms to all of the following criteria as well as
to any other special findings required for approval of use permits in specific zoning
districts:
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;
Planning Commission Staff Report
Conditional Use Permit 12-23
1208 Ocean Avenue
December 19, 2012
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 existing vacation rental use,
based on occupancy limitations placed on the subject property and the fact that 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. The
property provides up to four on-site parking spaces, two in a garage and two in the front
driveway, and since the subject rental unit is only one bedroom, staff believes that, with
occupancy limitations in place, there will be adequate on-site parking. Additionally, the
property owner lives on the premises in the main house, therefore being immediately
available to address any problem that should arise, including excessive noise and
ensuring that the property is adequately maintained.
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
F#1
Planning Commission Staff Report
Conditional Use Permit 12-23
1208 Ocean Avenue
December 19, 2012
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 for
the upstairs, one bedroom short-term rental unit be limited to a maximum of not more
than two (2) overnight guests. Staff also recommends that at least one garage and one
open parking space be kept free and clear of any obstructions that would prevent the
short-term rental unit 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.
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 vacation rental unit, 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.
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.
5
Planning Commission Staff Report
Conditional Use Permit 12-23
1208 Ocean Avenue
December 19, 2012
RECOMMENDATION:
Staff recommends the Planning Commission, after considering all relevant testimony,
written and oral, presented during the public hearing, approve Conditional Use Permit
12-23, 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
JdOne eOlivers, AICP
>enigr Planner, Department of Community Development
Attachments: (4)
Attachment 1: Resolution No. 12-36, A Resolution of the Planning Commission
of the City of Seal Beach, approving Conditional Use Permit 12-
23, to allow a short-term vacation rental property, within the
Residential High Density (RHD-20) zone at 1208 Ocean
Avenue, Seal Beach.
Attachment 2: Interim Ordinance Number 1624-U regarding short term
vacation rental properties
Attachment 3: Email received in support of CUP 12-23
Attachment 4: Project plans and additional letters and information submitted
by the applicant
rol
Planning Commission Staff Report
Conditional Use Permit 12 -23
1208 Ocean Avenue
December 19, 2012
ATTACHMENT 1
7
Planning Commission Staff Report
Conditional Use Permit 92 -23
9208 Ocean Avenue
December 99, 2012
' • !
RESOLUTION OF `
COMMISSION OF OF ` BEACH
APPROVING CONDITIONAL
PROPERTY, TO ALLOW A SHORT-TERM VACATION RENTAL
N i 1 ) ZONE AT 1: OCEAN
AVENUE, 1 BEACH
THE PLANNING COMMISSION OF ` DOES
HEREBY AND !
Section 1. On October 10, 2012, Kelly Gene Bruce ( "the applicant ") filed an
application for Conditional Use Permit (CUP) 12 -23 with the Department of Community
Development.
Section 2. The applicant is requesting a CUP for the operation of a short-term
vacation rental property within the Residential High Density (RHD -20) zone at 1208
Ocean Avenue.
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 -23 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 December 19, 2012, to consider the application for Conditional Use
Permit No. 12 -23. 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 December 19, 2012 indicates
the following:
a. On October 10, 2012, the applicant filed an application for Conditional
Use Permit 12-23 with the Department of Community Development.
Planning Commission Staff Report
Conditional Use Permit 12-23
1208 Ocean Avenue
December 19, 2012
b. The applicant is requesting approval to operate a short-term vacation
rental property within the Residential High Density (RHD-20) zone at 1208 Ocean
Avenue.
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. The property has been used as a short-term vacation rental property
since approximately July 2009.
e. 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.
f. The property owner had previously filed a request to the City Council for
an exemption from the provisions of Ordinance 1619-U and the request was
subsequently denied.
9- Notice of the public hearing to consider the application was mailed to all
properties within 500 feet of the subject property.
h. The subject property is located within the area commonly known as "Old
Town".
i. The subject property is described as Orange County assessor's parcel #
199-075-13; is 30'-0" x 97'-0" in size; and comprises 2,910 square feet in area.
j. The property is nonconforming due to a substandard rear yard setback,
substandard off-street parking, and exceeding the allowable density- two existing
dwelling units on a lot where only one would be allowed today, per the current zoning
code.
k. The subject property is presently developed with a two-story structure (a
one bedroom dwelling unit over a two-car garage towards the front of the property) and
an attached, single-story structure (the main dwelling unit) rearward of the garage.
I. Surrounding land uses and zoning are as follows:
NORTH: Single and multi-family residences within the
Residential High Density (RHD-20) zone.
SOUTH: Single and multi-family residences within the
Residential High Density (RHD-20) zone; Boardwalk;
Public Beach; Pacific Ocean.
9
Planning Commission Staff Report
Conditional Use Permit 12-23
1208 Ocean Avenue
December 19, 2012
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.
M. As of December 13, 2012, Staff has received no correspondence, in
response to the public hearing notices that were mailed and published for the public
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. 12-23, 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 12-23 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 12-23, subject to the following conditions:
10
Planning Commission Staff Report
Conditional Use Permit 12-23
1208 Ocean Avenue
December 19, 2012
1 Conditional Use Permit 12-23 is approved for the operation of a short-term
vacation rental within the Residential High Density (RHD-20) zone at 1208
Ocean Avenue,
2. This Conditional Use Permit only authorizes the utilization of the one bedroom
dwelling unit located above the attached garage as a short-term vacation rental.
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 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.
7. The property owners shall not rent or lease the property for periods of less than
three (3) consecutive nights.
& Visitor occupancy shall be limited to a maximum stay of 29 consecutive days.
9. There shall be not more than two (2) overnight guests at any one time for the
short-term vacation rental 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. At least one garage space and one driveway space adjacent to the garage, for
the units at 1208 Ocean Avenue 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.
Planning Commission Staff Report
Conditional Use Permit 12-23
1208 Ocean Avenue
December 19, 2012
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
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 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.
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
ON
Planning Commission Staff Report
Conditional Use Permit 12-23
1208 Ocean Avenue
December 19, 2012
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
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 12-23, 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
• trash disposal activities may occur between the hours • 10:00 P.M. and 7:01,
A.K
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 City
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
W
Planning Commission Staff Report
Conditional Use Permit 12 -23
1208 Ocean Avenue
December 19, 2012
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
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
, 2012, by the following vote:
AYES:
Commissioners
NOES:
Commissioners
ABSTAIN:
Commissioners
ABSENT:
Commissioners
14
Planning Commission Staff Report
Conditional Use Permit 12-23
1208 Ocean Avenue
December 19, 2012
Sandra Massa-Lavitt
Chairwoman • the Planning Commission
Jim Basham
Secretary of the Planning Commission
15
Planning Commission Staff Report
Conditional Use Permit 12 -23
1208 Ocean Avenue
December 19, 2012
Jj-f,T
INTERIM - - -
REGARDING - - VACATION - y
PROPERTIES
16
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 I
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 effective. Due to the foregoing
circumstances, it is necessary for the preservation of the public health, safety,
and welfare for this Ordinance to take effect immediately. This Ordinance is an
urgency ordinance for the immediate preservation of the public peace, health,
and safety within the meaning of Government Code Section 36937(b) and
therefore shall be passed immediately upon its introduction and shall become
effective immediately upon its adoption.
' F. Approval of Zone Text Amendment 12 -3 is categorically exempt
from review pursuant to the California Environmental Quality Act (CEQA)
pursuant to CEQA Guidelines Section 15305 (Minor Alterations in Land Use
Limitations), 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
Plan.
Section 4. The establishment of any new vacation rental is prohibited.
The City shall not accept any conditional use permit application for a vacation
rental after October 22, 2012. Applications submitted on or before October 22,
2012 shall be processed and may be approved in accordance with the provisions
of the Municipal Code and Ordinance No. 1619 -U. Ordinance No. 1619 -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 on or before October 22, 2012.
Section 5. The Municipal Code, including but not limited to Table
' 11.2.05.010, is amended to 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 permitted in any zoning district of the City and to cross - reference
Section 11.4.05.135.
Section 6. Section 11.4.05.135 of the Municipal Code is amended to
read as follows:
"Short-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 purpose, including but not limited to any
residential or commercial purpose such as vacation rentals,
weddings, or other event rentals.
B. Legal Nonconforming Vacation Rentals. Any vacation rental
granted a conditional use permit pursuant to Ordinance No.
1619 -U shall be a legal nonconforming use permitted to
continue subject to its conditions of approval and Chapter
' 11.4.40 of the Zoning Code."
Section 7. Pursuant to Ordinance No. 1619 -U, the City issued
conditional use permits ( "CUPs ") for a number of vacation rentals. One of the
conditions of approval attached to each CUP is the requirement that the property
owner comply with the permit and operational requirements set forth in
Ordinance No. 1619 -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 a CUP for a vacation rental must comply with the
following permit and operational requirements:
Ordinance Number 1624-U
A. Business License Required. The property owner must obtain a
business license prior hz operating or establishing e vacation rental.
B 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.
C. Visitor occupancy shall belimited to
maximum of28 consecutive days,
D. Fire and Life Safety. Fine and Ufa oa&yb/ requirements as required
by the Fire Authority and the Building Department shall be implemented- These
requirements include, butane not limited toapproved smoke detectors ineach
lodging nuom, installation of an approved fine extinguisher in the stmotuna, and
the inclusion mfon evacuation plan posted in each lodging room.
E Annual Inspection. Each vacation rental who|| comply with the
annual fire and 0e safety certification procedures of the Orange County Fire
E First-day arrival ota vacation rental is prohibited
after 9:30 p.m. All lease or rental agreements must include this prohibition.
G. Vacation nrnbam must vacate the unit before
noon on the final day of their tenancy.
K Renter Information and Acknowledctement. Prior to occupancy ofa
short-term vacation rental unit, the owner shall: (i) obtain the nome, oddness,
and a copy of vo|k1 government identification of the primary adult occupant of
the short-term vacation rental; and (i|) require the primary adult occupant to
execute o formal acknowledgement that he or she is legally responsible for
compliance of all occupants of the short-term vacation rental nr 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 T.45.O1Oof the Municipal Code, which provides ayfollows:
"Upon the initial response of the police department to any disturbance
involving loud, unnecessary and unusual noise, the chief of police may,
in |kau of or in addition to taking other action authorized by |aw, give
notice to the person or persons in actual or apparent control of the
activity creating the dimturbanoe, mrtothe person or persons in actual
or apparent control of the property or premises wherein the
disturbance has occurred, ur 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
aho|| be in such form as may be approved by the chief of police. The
costs of any subsequent naeponam shall be amoomsad 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 nf the disturbance, including the cost orvalue
of the time expended by pn|ioa department personnel in making any
subsequent response. The method of computing such costs shall be
established by the chief ofpolice and approved by the city council.
The finance department ohe|| invoice such costs to the person or
persons liable therefor under this ohaphar, and such coda uhe||
constitute a debt to the city and be collectible by the city in the name
manner as in the case of an obligation under m contract; providod,
huwever, that in no avamd shall a person's liability hereunder exceed
$1.0OO for any single subsequent naoponse.^
Ordinance Number 1624U
This information and acknowledgment shall be maintained by the owner
for a period of three years and mheU be readily available upon request of any
police offiueror employee of the City authorized toenforce this Ordinance urany
applicable iow, 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
the demand of the occupants.
J. Lease Terms, Each new lease or rental agreement for ashort-term
vacation rental must have a copy of these Permit and Operational Requirements
attached to it and must include the following hanna, notifications and disclosures,
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 of the Municipal Code, including but not limited
to amplified sound, including radios, televisions and other electronic devices, that
creates o noise disturbance in violation of Chapter 7.45 of the Seal Beach
Municipal Code.
3. ArecnmmandoUpn that the occupant participate voluntarily
in neighborhood quiet hours by avoiding parties and loud 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 m manager must
provide the City with u phone number at which he or she can be contacted on a
24-hour basis regarding nuisance complaints arising at or from the use of the
property as e vacation rental. Upon receipt of 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 oonduot, or
committed violations of the Municipal Code or any state |mw, the owner or
property manager must respond within 45 minutes of receiving such notification
and must promptly take corrective action to immediately prevent recurrence of
such conduct by those occupants orguests. Failure to timely respond to calls or
complaints as required or take timely corrective action regarding the oondition,
opeodion, or conduct of occupants of the short-term vacation rental shall be a
violation of this Ordinance. Nothing in this Ordinance shall be construed to
require or authorize mn owner nr property manager to act aoa peace offioerorto
intervene in situations that pose a risk to personal safety. The owner orproperty
manage/ must maintain records of the name. Wo|mdnn, date, and time of each
complaint, distudbmnue, 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,
n|muue or phrase of this Ordinance or any part thereof is for any reason held to
be invoi|d, 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,
pmoagmph, aentence, clause or phrase henacf, 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 b the passage and adoption of
this Ordinance and shall cause the same orm summary thereof h» be published
and posted in the manner required by law.
PASSED. APPROVED AND ADOPTED by the Geo| Beach City Council at a
regular meeting held on the 22[d day uf_ October _.2O12.
STATE OF CALIFORNIA |
COUNTY OF ORANGE )SS
CITY OF SEAL BEACH
Mayor
APPROVED AQT0FORM:
City Attoniey'
|, Linda Devine, City Clerk of the City of Seal Beach, California, dohereby
certify that the foregoing ordinance is on original copy of Ordinance Number
1624U on file in the office of the City C|erk, pauand, mpproved, and adopted by
the City Council of the City of Seal Baach, pursuant to the City Charter and
Government Cude§ 36967(b). at meeting held on the 22nd day of October,
2O12by the following vote:
AYES: Council Members:
NOES: Council Members: 7uv
ABSENT: Council Members:
ABSTAIN: Council Members:
and do hereby further certify that Ordinance Number 1{24U has been published
pursuant to the Seal Beach City Charter and Resolution Number 2836.
Planning Commission Staff Report
Conditional Use Permit 12 -23
1208 Ocean Avenue
December 19, 2012
ATTACHMENT 3
EMAIL RECEIVED IN SUPPORT OF CUP 12 -23
17
Jerry Olivera
Subject: FW: CUP 12 -23 for 1208 Ocean Avenue
From: ellerydeaton @amail.com fmailto:ellerydeaton gmail.coml On Behalf Of Ellery Deaton
Sent: Friday, December 14, 2012 12:11 AM
To: Beverly Doran
Cc: Linda Devine; Jim Basham; Jill Ingram
Subject: Re: CLIP 12 -23 for 1208 Ocean Avenue
Dear Beverly,
Thank you for your email. I'm forwarding it to the City Clerk and the Planning Director
so it will be made part of the Public Record.
Yo IJ rs,
Ellery
On Mon, Dec 10, 2012 at 7:41 PM, Beverly Doran <bevyd22ga gmail.com> wrote:
Dear Ellery
I am writing in support of approval for the above referenced conditional use permit to allow a short term
vacation rental at 1208 Ocean Avenue.
I live across the street and have a direct view of the property. Since this vacation rental has been in operation, I
have never observed any problem due to loud parties or noise, nor am I aware of the police being summoned for
any reason.
The guests I have observed appear to walk toward Main Street returning with packages probably after
frequenting one of our many great restaurants. Kelley Bruce educates her guests about Seal Beach and promotes
and refers local businesses.
In addition, since the property is located in a high density residential zone, has adequate parking and is owner
occupied and managed, I strongly support approval of this CUP.
Please feel free to forward this to members of the Planning Commission.
Sincerely,
Beverly Doran
1213 Ocean Avenue
Planning Commission Staff Report
Conditional Use Permit 12-23
1208 Ocean Avenue
December 19, 2012
ATTACHMENT 4
PROJECT PLANS
18