HomeMy WebLinkAboutCC AG PKT 2012-10-22 #ITHRU: Jill R. Ingram, City Manager
FROM: Greg Hastings, Interim Director of Community Development
SUBJECT: ZONING TEXT AMENDMENT 12-3, REGARDING THE
PROHIBITION OF SHORT TERM RENTAL OF
RESIDENTIAL Pr8Q.Q%CNr.0r r.v.
SUMMARY OF REQUEST:
Hold a public hearing regarding Zone Text Amendment 12-3, prohibiting the
rental or leasing of residential property on a short term basis, and after
consideration of all evidence and testimony presented decide whether to: (1)
introduce and adopt Ordinance No.1624-U, an urgency ordinance prohibiting the
rental or leasing of residential property on a short term basis; and (2) introduce
Ordinance No.1624 regarding the same.
BACKGROUND:
Prior to 2010, the City's Zoning Code did not list the business of short-term
vacation rentals or short-term rentals as a permitted use for residentially -zoned
property. Thus, under the Code, such uses were not permitted.
During discussions regarding the comprehensive revision to the City's Zoning
Code that eventually became Title 11 of the Municipal Code, it came to the City's
attention that some property owners were nevertheless renting residential
properties on a short-term basis believing that business licenses issued to them
in error gave them the right to do so. Such a business license does not,
however, confer any land-use entitlement or provide any vested right to a
particular use.
With the adoption of Title 11, the City Council permitted short-term vacation
rentals (defined in the Code as rentals for the duration of 29 days or fewer) as a
conditionally permitted use. Thus, when Title 11 went into effect in 2011, a
property owner could apply for a conditional use permit ("CUP") to rent a
residential unit for a term of 29 days or fewer. In addition, Title 11 provided that
property owners who had obtained a business license prior to January 2010 and
were paying the City's transient occupancy tax (TOT) for short-term rentals could
continue to operate without a CUP as nonconforming uses.
Agenda Item I
Earlier this year, the Council reexamined the issue of allowing short term rental
businesses in residential zones. Based upon the adverse negative impacts on
neighboring properties associated with short-term rentals — e.g., noise,
accumulation of trash, loitering, unsanitary conditions, overcrowding, demands
on police services, traffic congestion, excessive demand on scarce parking
resources, etc. — the Council adopted Ordinance Nos. 1618-U (effective for 45
days) and 1619-U, which modified Ordinance No. 1618-U and extended the term
of the interim regulations for 10 months and 15 days.
Ordinance No. 1619-U also amended the interim regulations by limiting vacation
rentals to Old Town and requiring all property owners wanting to rent property on
a short-term basis, including those currently renting their property on a short-term
basis, to obtain a CUP. The Ordinance gave the owners of the previously
grandfathered existing vacation rentals until July 6, 2012 to apply for a CUP.
Ordinance No.1619-U also gave the owners of the previously existing vacation
rentals that were nonconforming due to a lack • a CUP, the option • requesting
t4 an exemption from, • extension • the terms and provisions • this ordinance, in
order to amortize the property owner's investment." On September 10, 2012, the
City Council denied three such exemption requests and directed the applicants to
submit CUP applications by October 10, 2012. Two other property owners have
withdrawn their exemption requests. All • the owners who requested
exemptions – including both those whose requests were denied and those whose
requests were withdrawn – have since filed CUP applications and are awaiting
Planning Commission hearings.
The status of all vacation rentals, both new applications and those previously
existing are summarized in the table included as Attachment A to this report. In
sum, the City has received CUP applications for 17 of the properties that were
previously grandfathered from the CUP requirements. Eight of these applications
have already been approved by the Planning Commission. Another nine
applications are awaiting a public hearing before the Planning Commission. The
owners of the remaining six previously operating vacation rentals have either not
responded to the City's notification attempts or have indicated that their vacation
rental uses have been terminated. The City also received three applications for
new vacation rentals. Two of these have been granted and the public hearing
regarding the last one was continued by the Planning Commission pending the
outcome of the Council's consideration of Zone Text Amendment 12-3. To date,
no CUP application for either a new or previously existing vacation rental, has
been denied.
At the same meeting at which the Council considered the requests for
exemptions for three previously existing vacation rentals, the City Council
requested the Planning Commission consider whether the City should prohibit
the establishment of any new short term rental of residential properties.
On October 3, 2012, the Planning Commission held a public hearing on the
proposed prohibition on the establishment of any new short term rentals of
residential property (i.e., Zone Text Amendment 12-3), and afterward adopted
Planning Resolution No.12-32 recommending approval of the same. A copy of
that resolution is included as Attachment B to this report.
DISCUSSION:
Staff has prepared two ordinances for the Council's consideration: Ordinance
Nos. 1624-U and 1624. (See Attachments C and D to this report.) The
ordinances are identical except that the former is an urgency ordinance that
would go into effect immediately and the latter would go into effect 30 days after
second reading and supersede the urgency ordinance. The purpose of this dual
approach is to guard against the City being flooded with new CUP applications
while waiting for the non-urgency ordinance to go into effect.
If approved, these Ordinances would accomplish the following:
The establishment of new vacation rentals would be prohibited.
Properties that are granted CUPS under Ordinance No.1619-U would be
allowed to continue operating as nonconforming uses subject to their
conditions of approval and the City's standard regulations regarding the
expansion or modification of nonconforming uses found in Chapter
11.4.40 of the Zoning Code. The cut-off for new CUP applications would
be October 22, 2012. Applications received on or before this date would
be reviewed and considered in the same manner as those that have
already received a public hearing. Applications received after October 22
would not be accepted for processing.
• The Municipal Code would be amended to prohibit the lease or rental of
any residential property, or any part thereof, for a term of 29 days or less
for any purpose. This would include any residential or commercial
purpose and would prohibit renting out homes not only for vacation use,
but also for events such as weddings and parties.
• Because all of the CUPs approved to date incorporate by reference the
permitting and operational requirements set forth in Ordinance No.1619-U,
the non-codified portions of the draft Ordinances provided to the Council
restate those requirements and require the approved vacation rentals to
continue to comply with the requirements.
The Ordinances in staffs opinion are consistent with the City's General Plan.
Approval of Zone Text Amendment 12-3 will neither conflict with any provision of
the General Plan nor impede the attainment of any goal, objective, or policy
stated therein. More specifically, the prohibition of any new short term rentals,
Zone Text Amendment 12-3 will ensure and protect the residential character of
the residential areas identified in the General Plan's Land Use Element.
9M
Staff has reviewed Zone Text Amendment 12-3 and determined that it is
categorically exempt from the California Environmental Quality Act ("CEQA")
pursuant to Section 15305 of the State CEQA Guidelines (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.
LEGAL ANALYSIS:
The City Attorney has reviewed the draft Ordinances and approves of them as to
form.
Approval of Zone Text Amendment 12-3 limits the potential for future TOT
revenue from new vacation rentals, but the extent of the impact is unknown.
j2*&T,1 �Ll mouN A
Hold a public hearing regarding Zone Text Amendment 12-3, prohibiting the
rental or leasing of residential property on a short term basis, and after
consideration of all evidence and testimony presented: (1) introduce and adopt
Ordinance No.1624-U, an urgency ordinance prohibiting the rental or leasing of
residential property on a short term basis; and (2) introduce Ordinance No.1624
regarding the same.
SUBMITTED BY: NOTED AND APPROVED:
Greg A. Has-tings, Interim Vil R. Ingram, Cq�_�Ma ager
Director of Community Development
Attachments:
A. Status of Vacation Rental Application
B. Planning Commission Resolution No. 12-32
C. Ordinance No. 1624-U
D. Ordinance No. 1624
i � i M � i • • �� i
Previously Existing Vacation Rentals
112 8th Street
1620 Ocean Avenue
1215 Seal Way
1520 Ocean Avenue
16161/2 Ocean Avenue
12113th Street
1001 Ocean Avenue, Unit H
413 Ocean Avenue
546 Ocean Avenue
128 8th Street
1115 & 1115 1/2 Seal Way
1205; 1205 1/2 Seal Way
247 17th Street
1208 Ocean Avenue
1310; 13101/2 Ocean Avenue
107 Ocean Avenue
1499 Seal Way
322 17th Street
1508 Ocean Avenue
240 7th Street
1521 A Seal Way
1633 Ocean Avenue
210 Corsair Way
New Vacation Rental Applications
125 14th Street
137 14th Street
1605 Seal Way
Status
CUP approved 08 -15 -12
CUP approved 09 -05 -12
CUP approved 09 -05 -12
CUP approved 09 -05 -12
CUP approved 09 -19 -12
CUP approved 09 -19 -12
CUP approved 10 -03 -12
CUP approved 10 -03 -12
CUP filed - hearing scheduled 10 -17 -12 P.C. meeting
CUP filed - hearing scheduled 11 -07 -12 P.C. meeting
CUP filed - hearing scheduled 11 -07 -12 P.C. meeting
CUP filed - hearing to be scheduled
Exemption request denied -CUP filed - hearing to be scheduled
Exemption request denied - CUP filed - to be scheduled
Exemption request denied - CUP filed - to be scheduled
Exemption request withdrawn - CUP filed - hearing to be scheduled
Exemption request withdrawn - CUP filed - hearing to be scheduled
No response to date
No response to date
No response to date
Vacation rental use terminated
Vacation rental use terminated
Vacation rental use terminated
CUP approved 07 -18 -12
CUP approved 09 -05 -12
CUP continued from 10 -3 -12 P.C. meeting to date uncertain
1 � �
! ! ! ii; " ! !
No. 12-32
PLANNING COMMISSION RESOLUTION NO. 12-32
A RESOLUTION • THE SEAL BEACH PLANNING
COMMISSION RECOMMENDING THAT THE CITY
COUNCIL PROHIBIT THE ESTABLISHMENT •
VACATION RENTALS (ZONE TEXT AMENDMENT
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES FIND,
DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1. On October 3, 2012, the Planning Commission conducted a duly
noticed public hearing to consider recommending that the City Council approve Zone
Text Amendment 12-3, which would prohibit the establishment of new vacation rentals,
defined in the City's Municipal Code as the leasing of residential units for 29 days or
less. The Commission provided to the public an opportunity to address the Planning
Commission on the subject.
Section 2. The Planning Commission hereby finds that approval of Zoning 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.
Section 3. The Planning Commission hereby recommends that the City Council
amend the Municipal Code to prohibit the establishment of vacation rentals.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City
of Seal Beach at a meeting thereof held on the 3rd day of October, 2012 by the
following vote:
AYES: Cummings, Galbreath, Goldberg, Massa-Lavitt
Everson
ABSTAIN: None
ABSENT: None
Sandra Massa-Lavitt
Chair
ATTEST:
Greg Hastings
Interim Planning Commission Secretary
Attachment C
�. - +l
ORDINANCE NUMBER
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 OFTHE CITY OF SEAL BEACH DOES ORDAIN AS
Section 1. On October 3, 3012. 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 |n favor uf and against
short-term rentals,
Section 3. The City Council hereby finds:
A. The City's |uuaUun and proximity to the coast makes it a popular
destination for tourists and visibrs, many of whom choose to stay or hold events in
nasidande| units such as, but not limited to, single-family and multiple-family dwelling
unita, apartment huuoom, condominiums, cooperative apartmen1s, thp|exam, and
duplexes for fewer than 3Udays.
B. The City Council previously enacted Section 11.4.U5.135ofthe Municipal
Code, which requires vacation rentals hoobtain aoonditiono| use permit (^CUPr)and
meet certain minimum operational standards. Notwithstanding enactment ufSection
11.4.05.135. some vacation rentals in the Qty have continued to negatively impact
neighboring residents.
C. On April Q. 2012, the City Council adopted Ordinance No. 1618-U.
imposing new interim regulations on new and existing vacation rentals. On May 14,
2012. the Qty Council adopted Ordinance No. 1819-U amending and extending the
interim regulations for new and existing vacation rento|o, including the requirement that
all previously nonconforming vacation rentals obtain u 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 ofresidential properties have the potential to ovoeba the
negative land use impacts for neighboring residential uses. These include but are not
limited to noise disturbances due 0o late night arrivals and parties with numerous guay<m
and amplified muaic, insufficient parkinQ, 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 tomoderate their behavior tu avoid negatively
impacting neighboring residents.
E. Aouunding|y, 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 Qty 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 unless this {}mdinonoa is immediately
effective. Due to the foregoing circumstances, it is necessary for the preservation of the
public hea|th, safety, and wa|han* for this Ordinance to take effect immediately. This
Ordinance is an urgency ordinance for the immediate preservation of the public peace,
Ordinance Number 1624-U
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 ho the California Environmental Quality Act (CEQA ) pursuant to CEDA
Guidelines S*oUun 15305 (Minor AJhenodunn in Land Use UmitaUons), because it
consists of minor a\honeUono in land use limitations in areas with an average slope of
|eon than 20Y6 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 e 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
Qty shall not accept any conditional use permit application for vacation rental efhs
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
Coda and Ordinance No. 1610'U. Ordinance Nn. 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 ho Table 11.2.05.O10.
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" io neither permitted nor conditionally permitted in any zoning district of
the City and hm cross-reference Section 11.4.05.135.
Section 6. Section 11.4.05]35 of the Municipal Code is amended to read as
"Short-Term Rental of Residentially Zoned Property.
A. Prohibited. No residentially zoned property, cv any portion thereof,
shall be leased m rented for aterm 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 Vacation Rentals. Any vacation rental
granted m conditional use permit pursuant huOndinancallo1S1Q'U
shall bea legal nonconforming use permitted tn continue subject to
its conditions of approval and Chapter 11.4.48uf the Zoning Code.^
Section 7. Pursuant to Ordinance No. 1O1Q-U.the City issued conditional use
permits (lCUPs") for a number ofvacation rentals. One of the conditions of approval
attached to each CUP ia the requirement that the property owner comply with the permit
and operational requirements set forth in Ordinance No. 181Q'U. |n that Ordinance No.
1619-U will be superseded upon the effective date of this Ondinonoe, such standards
are restated below. Each property owner who has o CUP for o vacation nunto> must
comply with the following it and operational requirements:
A. Business License Reguired. The property owner must obtain abusiness
license prior to operating or establishing o vacation rental.
B. Transient Occupancy Tax. The property owner must complete the
Transient Occupancy Tax Remittance form prior to operating or establishing a vacation
nsnba| and shall pay the Transient Occupancy Tax in accordance with the 8eo| Beach
Municipal Code.
C. Visitor occupancy shall be limited to
maximum o(30 consecutive days,
Ordinance Number 1G24-U
0. Fire and Life Safety.. Fire and life safety requirements aa required bythe
Fire Authority and the Building Department shall beimplemented. These requirements
ino|ude, but one not limited 0o approved smoke do\nobora in each lodging ronm,
installation of an approved fine extinguisher in the otructume, and the inclusion of an
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 a vacation nonbe| is prohibited after
9:30 p.m. All lease or rental agreements must include this prohibition.
B. . Vacation renters must vacate the unit before noon on
the final day of their tenancy.
H. Renter Information and Acknowledgement. Prior ho occupancy ofa short-
term vacation rental unit, the owner shall: (i) obtain the name, address, and a copy ofn
valid government identification of the primary adult occupant ufthe short-term vacation
rental; and (ii) require the primary adult occupant to execute a formal acknowledgement
that he or she is |agn||y responsible for compliance of all occupants of the short-term
vacation rental or their guests with all applicable |mwa^ rules and regulations pertaining
to the use and occupancy of the shod'honn vacation rental. The acknowledgement
must include the text of Section 7.45.010 of the Municipal Cnde, which provides as
"Upon the initial response of the police department to any disturbance
involving loud, unnecessary and unusual nnisn, the chief ofpolice may. in
lieu ofcxin addition to taking other action authorized by law, give notice hz
the person or persons in actual or apparent control of the activity creating
the disturbance, or to the person or persons in actual or apparent control
of the property nr premises wherein the disturbance has occurred, orboth,
that liability may be imposed upon the person mr persons receiving such
notice for the costs to the city ofany subsequent response by the police
department in connection with any continuation or resumption of such
disturbance. Such notification shall bein such form ao 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 city in providing law enforcement
services and equipment ot the scene of the disturbance, including the cost
or value of the time expended by police department personnel in making
any subsequent response. The method mf computing such costs sha||be
established by the chief ofpolice and approved by the city council. The
finance department ohoU invoice such costs to the person or persons
liable therefor under this chapter, and such costs shall constitute a debt to
the city and be collectible by the city in the same manner anin the case uf
an obligation under m contract; provided, however, that in no event shall a
person's liability hereunder exceed $1.000 for any single subsequent
response."
This information and acknowledgment shall be maintained by the owner for
period of three years and shall ba readily available upon request of any police officer nr
employee of the City authorized to enforce this Ordinance or any opp|ioob|m |ew, rule or
regulation pertaining to the use and occupancy of the short-term vacation rental.
i Trash. Trash and ndfuea 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 md|echun 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 now lease or rental agreement for a short-term
vacation rental must have a copy of these Permit and Operational Requirements
attached toit and must include the following terms, notifications and disclosures, which
shall also ba posted ina conspicuous location inside the unit:
1. The hash 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
oound, including radios, televisions and other a|actnznio deviceo, that creates a noise
disturbance in violation of Chapter 7.45uf the Seat Beach Municipal Code.
3. A recommendation that the occupant participate voluntarily in
neighborhood quiet hours by avoiding parties and loud social events between the hours
4. The name of the cwvno, or property manager and o telephone
number at which that party may be reached at all times.
K. Response to Complaints. The property owner or manager must provide
the City with a phone number at which heorshe can bacontacted ono24-hourbasis
regarding nuisance complaints arising at or from the use of the property as o 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 cnnduct, or committed violations of the Municipal Code or any
state law, the owner or property manager must respond within 45 minutes of receiving
such notification and must promptly take corrective action to immediately prevent a
recurrence of such conduct by those occupants orguests. Failure ho timely respond hn
calls or complaints as required or take timely corrective action regarding the condition,
operation, or conduct ofoccupants of the short-term vacation rental shall be a violation
of this Ordinance. Nothing in this Ordinance shall be construed to require or authorize
an owner or property manager to act as a peace officer or to intervene in situations that
pose risk to personal safety. The owner or property manager must maintain records
of the name, violation, date, and time of each complaint, disturbance, and response and
corrective action byowner. Such records must be maintained for otleast three years.
Section 8. If any section, subsection, subdivision, paragraph, sentence, clause
or phrase of this Ordinance or any part thereof is for any reason held &nbe invalid, such
invalidity shall not affect the validity ofthe remaining portions nfthis Ordinance or any
part hereof. The Qty Council of the City ofSeal Beach hereby declares that it would
have passed each manUnn, subnenUnn, aubdiviaion, paegroph, eentanoe, clause or
phrase hereof, irrespective of the fact that any one or more sections, subsections,
subdivisions, paragraphs, sentences, clauses or phrases be declared invalid.
Section 9. The City Clerk shall certify to the passage and adoption of this
Ordinance and shall cause the same oresummary thereof to be published and posted
in the manner required by law.
PASSED. APPROVED AND ADOPTED by the Seal Beach City Council at
regular meeting held nn the _ Z2ld day o(_{ October _,2U12.
City Clerk
Mayor
City Attorney
Ordinance Number 1624-U
STATE OFCALIFORNIA }
COUNTY OF ORANGE }SS
CITY OF SEAL BEACH }
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 offima of the City C|erk, paaaed, appnoved, and adopted by the {}ih/ Council of the
City cf Seal Beach, pursuant to the City Charter and Government Code §3GAS7(b).otn
meeting held onthe 22nd day of October, 3O12by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
and dn hereby further certify that Ordinance Number _1624U has been published
pursuant to the Seal Beach City Charter and Resolution Number 2836.
City Clerk
•
i
Draft Ordinance No. 1624
ORDINANCE NUMBER 1624
AN ORDINANCE 0f 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
Section 1. On October 3, 2012' the Planning Commission conducted o
duly noticed public hearing 1n 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 of
less than 3Ddays.
Section 2. On October 22, 2012, the City Coumcil conducted a duly
noticed public hearing nn Zone Text Amendment 12-3. Persons spoke in favor of
and against short-term rentals.
Section 3. The City Council hereby finds:
A. 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 /VhsnaUonu in Land Use
Limi1aUono), 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 anvironmentand
.
B. Zone Text Amendment 12-3 ia 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 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 nfprocessing and reviewing conditional use permit applications
for vacation rentals filed onor before October 22.2O12.
Section 5. The Municipal Code, including but not limited to Table
112.05.010` in amended to delete any reference to "vacation rentals." Table
11.2.05.010 of the Municipal Code is further amended to indicate that ''Short
Tonn Rental of Residentially Zoned Property" is neither permitted nor
conditionally pmnni#od 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 term of 29 days or less
for any purpoma, including but not limited to any residential or
commercial purpose such as vacation nanto|a, weddings, or
other event rentals.
Ordinance Number 1624
B. Legal Vacation Rentals. Any vacation rental
granted u conditional use permit pursuant k»Ordinance No.
1810-U shall be a legal nonconforming use permitted 0y
continue subject to its conditions of approval and Chapter
11.4.4Oof the Zoning Cnde.^
Section 7. Pursuant to Ordinance No. 1819-U. the City issued
conditional use permits (~CUPo^) for m number ofvacation rentals. One of the
conditions of approval attached hn each CUP iu the requirement that the property
owner comply with the permit and operational requirements set forth in
Ordinance No. 1619-U. In that Ordinance Nu. 1619-U will be superseded upon
the effective date of this Ordinance, such standards are restated hn|mw. Each
property owner who has a CUP for a vacation rental must comply with the
following permit and operational requirements:
A. Business License Required. The property owner must obtain o
business license prior to operating or establishing o vacation rental.
B. Transient Occuparipy Tax. The property owner must complete the
Transient Occupancy Tax Remittance form prior h»operating or establishing a
vacation rental and shall pay the Transient Occupancy Tax in accordance with
the Seal Beach Municipal Code.
C Maximum Lenqth of Stay. Visitor occupancy ahoU be limited to a
maximum of2Q consecutive days.
D, Fire and Life Safety. Fire and life safety requirements as required
by the F|na Authority and the Building Department shall be implemented. These
requirements inn|ude, but are not limited tu approved smoke detectors in each
lodging nnom, installation of an approved fire extinguisher in the structure, and
the inclusion ofan evacuation plan posted in each lodging room.
E. Annual Insgection. Each vacation rental ahe|| comply with the
annual fire and life safety certification procedures of the Orange County Fine
Authority.
F. . First-day arrival at e vacation rental in prohibited
after 9:30 p.m. All lease orrental agreements must include this prohibition.
G. Vacation renters must vmooka the unit before
noon on the final day of their tenancy.
H. Renter Information and Acknowledgement. Prior 0u occupancy ofo
short-term vacation rental unit, the owner shall: (0 obtain the nome, eddnoss,
and a copy ofa valid government identification of the primary adult occupant of
the short-term vacation rental; and (ii) require the primary adult occupant to
execute a formal acknowledgement that he or she is legally responsible for
compliance 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 7.46D10ofthe Municipal Code, which provides asfollows:
"Upon the initial response of the police department to any
disturbance involving kmd, unnecessary and unusual moise, the
chief of police may. in lieu of or in addition to taking other action
authorized by |mw, give notice to the person or persons in actual or
apparent control of the activity creating the dishurbanoe, nrhnthe
person or persons in actual or apparent control of the property or
pnum|say wherein the disturbance has oouuned, or both, that
liability may bm imposed upon the person or persons receiving such
notice for the costs hu the city rfany subsequent namponoa by the
police department in connection with any continuation or
Ordinance Number 1624
resumption of such disturbance, Such notification shall be in such
fnnn as may be approved by the chief ofpolice. The costs of any
subsequent response shall be assessed hm the person or persons
receiving such notice and shall include all uooha reasonably
incurred by the city in providing law enforcement oemioao and
equipment at the scene of the disturbance, including the nnot or
value of the time expended by police department personnel in
making any subsequent response. The method of computing such
costs ohoU be established by the chief ofpolice and approved by
the city council. The finance department shall invoice such costs 8o
the person or persons liable therefor under this chapter, and such
costs shall constitute o debt hx the city and be collectible by the city
in the soma manner as in the case of on obligation under m
contract; provided, hmwovar, that in no event nhoU a person's
liability hereunder exceed $1.000 for any single subsequent
response."
This information and acknowledgment shall be maintained by the owner
for period uf three years and shall be readily available upon request ofany
police offiooror employee of the City authorized Vo enforce this Ordinance orany
applicable |ovv, 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 ofcollection by the City's authorized
vvosie hauler on scheduled bamh unUeodon 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 b*nns, notifications and disclosures,
which shall also be posted ino 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 K8un|oipe| Codm, including but not limited
to amplified aound, including mdioo, televisions and other electronic devices, that
creates a noise disturbance in violation of Chapter 7.45 of the Seal Beach
Municipal Code.
3. A recommendation that the occupant participate voluntarily
in neighborhood quiet hours by avoiding parties and loud nooio| events between
the hours uf1U:00p.m. and 7:0Oa.m.
4. The name of the owner or property manager and a
telephone number ot which that party may ba reached at all times.
K. Response to Corriglaints. The property owner urmanager must
provide the City with a phone number etwhich he or she can be contacted on a
24-hour basis regarding nuisance complaints arising at or from the use of the
property as a vacation rental. Upon receipt of nuisance complaint or upon
nobhnoUmn that any occupant or guest of the short-term vacation rental has
created unreasonable noise or disturbances, engaged in disorderly conduct, or
committed violations of the Municipal Code or any state law, the owner or
property manager must respond within 45 minutes of receiving such notification
and must promptly take cormyoUws 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 condition,
openaUon, ur conduct ofoccupants of the short-term vacation nunbm| shall be u
violation of this Ordinance. Nothing in this Ordinance shall be construed to
require or authorize an owner or property manager to act as a peace officer or to
intervene in situations that pose a risk io personal safety. The owner orproperty
manager must maintain naoondo of the nome, viV|oUon, data, and time of each
complaint, dishurbanoe, and response and corrective oodun by owner. Such
records must be maintained for ot least three years.
Section 8. K any section, oubaeuUon, subdivision, porognoph, sentence,
clause or phrase of this Ordinance or any part thereof is for any reason held to
be invalid, such invalidity shall not affect the validity of the remaining portions of
this Ordinance or any pert hereof. The Ob/ Council of the City of Seal Beach
hereby declares that it would have passed each section, subsection, subdivision,
paragraph, *en8ence, clause nrphrase hnnan[ irrespective of the fact that any
one or more sections, subsections, subdivisions, paragraphs, sentences, clauses
or phrases be declared invalid.
Section 9. The City Clerk oho| certify to the passage and adoption of
this Ordinance and shall cause the same or 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 day of______ 2012.
ATTEST
Mayor
City Clerk City Attorney
STATE OFCALIFORNIA }
COUNTY OFORANGE }SS
CITY OF SEAL BEACH �
|. Linda Devine. City Clerk of the City of Seal Beach, do hereby certify that the
foregoing Ordinance wasintrndumedfonhntraadngokansguharmoeUnQheldon
the _22ni_ day of_1October .2O12 and was passed, approved and adopted
by the City Council o\a regular meeting held on the _day nf_. 2012
by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
And do hereby further certify that Ordinance Number ___1624 �__ has been
published pursuant to the Seal Beach City Charter and Resolution Number 2836.
City Clerk