HomeMy WebLinkAbout5 - CUP 12-18 (128 8th Street)December 5, 2012
STAFF REPORT
To: Honorable Chairwoman and Planning Commission
From: Department of Community Development
Subject: Conditional Use Permit 12 -18
128 8th Street
GENERAL DESCRIPTION
Applicant:
Owner:
Location:
Classification of
Property:
PAMELA EDSON
PAMELA EDSON
128 8TH STREET
RHD -20 (RESIDENTIAL HIGH DENSITY)
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:
Code Sections:
Recommendation:
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.
CHAPTERS 11.2.05; 11.4.05.135; AND 11.5.20 OF THE SEAL
BEACH MUNICIPAL CODE
APPROVE CUP 12 -18, SUBJECT TO CONDITIONS. APPROVAL
SHOULD BE THROUGH THE ADOPTION OF PLANNING
COMMISSION RESOLUTION 12 -29.
Z:1Conditional Use Permits'CUP 12 -18 128 8th Street\CUP 12 -18 128 8th Street PC Staff Report.doc
Planning Commission Staff Report
Conditional Use Permit 12-18
128 8th Street
December 5, 2012
FACTS
D On September 17, 2012, Pamela Edson ("the applicant") filed an application with
the Department of Community Development for Conditional Use Permit 12-18 for
a short-term vacation rental property at 128 8th Street.
L3 The Municipal Code allows short-term vacation rentals within the RHD-20 zone,
subject to conditional use permit approval.
L3 In May 2012, the City Council passed an Interim Ordinance amending the terms
and conditions of operation for all new and existing short-term vacation rental
properties within the City.
LI The project was originally noticed for the November 7, 2012 regular Planning
Commission meeting but due to an issue with the submitted plans, the Planning
Commission voted to continue the project to the December 5, 2012 regular
meeting.
The subject property is described as Orange County assessor's parcel # 199-
034-27; is 371-6" x 117'-6" in size; and comprises approximately 4,407 square
feet in area.
The surrounding land use and zoning are as follows:
NORTH: Single and multi-fannily residences in the Residential High
Density (RHD-20) zone.
SOUTH: Single and multi-family residences in the Residential High
Density (RHD-20) zone.
EAST: Commercial properties in the Main Street Specific Plan
(MSSP) zone.
WEST: Single and multi-family residences in the Residential High
Density (RHD-20) zone.
D The property presently consists of a legal, nonconforming, two-story duplex
dwelling. The property is nonconforming due to substandard off-street parking
(two single-car garages provided where two, two-car garages would be required
under today's code).
L3 The downstairs dwelling unit consists of one bedroom, one bathroom, and a
small den; the upstairs dwelling unit consists of two bedrooms and one
bathroom. There is a small deck space provided at the front of the upstairs unit
and a large yard with a patio, swimming pool, and spa located in the downstairs
front yard.
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Conditional Use Permit 12-18
128 e Street
December 5, 2012
D There is adequate space to park at least one automobile in front the garages
(possibly two compact cars) and since the owner does not presently rent the
units separately, there is capacity to park up to three off-street vehicles.
D Since 2007, there have been four police calls for service to the property that staff
believes may be vacation rental related. These complaints have all been for
noise or other disturbances but since the property owner also occasionally uses
the property for their own private use, it is unclear whether these disturbances
came from the property owners or short-term tenants.
D As of Novernber 29, 2012, Staff has received no correspondence, in response to
the hearing notices that were mailed out and published for the proposed project.
BACKGROUND
Vacation rentals are rather common in Southern California beach communities, as they
often provide an economical lodging alternative for families or larger groups of people,
and generally provide options such as kitchens, recreation areas, and convenient
vehicle parking, amenities that are often not provided with traditional hotel or motel
accornmodations.
Prior to the adoption of Title 11, the City had no CUP requirement for vacation rentals;
only the requirement for a business license and payment of Transient Occupancy Tax
("TOT") for the rental property. Thus, there was previously no mechanism in the Zoning
Code to conditionally approve or deny such requests, so long as the property owner
applied for a business license and registered to pay TOT.
Staff has historically received occasional complaints regarding the operation of some
existing vacation rentals in the City and recognized that the proliferation of unregulated
vacation rental properties could potentially undermine the residential character of the
City's neighborhoods. Some of the potential problems created by vacation rentals are
the noise, traffic, parking, and other negative impacts that short term occupancy can
have on neighboring residential uses. During the process of adopting Title 11, it was
therefore proposed that new vacation rentals be conditionally permitted uses within
residential zones. The Planning Commission and City Council approved this
requirement as part of the October 25, 2010 adoption of current provisions of Title 11,
which became effective in January 2011. At that time, Title 11 allowed previously
existing, licensed vacation rentals to continue operating without a CUP as legal,
nonconforming uses provided they maintained the appropriate business license, and (if
operating in a commercial zone) operated only in conjunction with an approved
commercial use.
As a result of ongoing concerns and issues with some of the licensed and
grandfathered vacation rental properties within the City, in May 2012, the City Council
Planning Commission Staff Report
Conditional Use Permit 12-18
128 8 Street
December 5, 2012
adopted an interim ordinance that eliminated the grandfathering' provision for those
existing vacation rental properties that were previously grandfathered and required that
all existing licensed vacation rental properties be required to obtain a CUP. This
specific application is to allow an existing (previously `grandfathered) short-term
vacation rental property (renting for periods less than 30 days) within an existing, two-
story duplex at 128 8th Street.
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
d istricts :
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;
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 trash not be
stored anywhere other than proper trash containers, and that certain terms be included
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Conditional Use Permit 12-18
128 8th Street
December 5, 2012
in each short term lease. In addition, to ensure compatibility with surrounding uses, the
Commission may impose reasonable conditions in connection with issuance of a CUP.
Applying applicable law to the present application, staff recommends that the
Commission approve a CUP for the subject property, subject to reasonable conditions.
According to the applicants, they have operated a vacation rental on the subject
property since approximately 2004. As noted above, staff is aware of noise
disturbances that have possibly occurred as a result of the operation of a vacation
rental at this address, but staff also believes that with the imposition of certain
conditions, up to and including possible revocation of the CUP, the City now has a
mechanism to enforce compliance with Municipal Code ordinances relative to noise or
other disturbances.
Thus, staff believes that a vacation rental, with proper conditions, will be compatible
with the neighborhood and will not adversely affect uses and properties in the
surrounding neighborhood. In addition to the standard conditions that the Commission
has imposed upon each application for a CLIP for a vacation rental, staff recommends
the Commission consider imposing the following reasonable conditions due to the size
of the subject property, the physical constraints of the existing duplex, its location, and
other features of the proposed use.
Based on the plan submitted by the applicants, staff recommends that occupancy be
limited to a maximum of not more than eight (8) overnight guests, with a maximum of
five (5) adults, for the entire property. Staff also recommends that the entire property
be rented as a whole and not as individual units, and that garage spaces be kept free
and clear of any obstructions that would prevent the occupants' automobiles from
utilizing the garages for parking at all times.
Based on the foregoing, staff believes that the requisite findings for approving a CUP
can be made in this case.
1. The proposal is consistent with the General Plan and Zoning Code, as
they allow the proposed use (short-term vacation rental) subject to
approval of a Conditional Use Permit. The conditions placed on the
subject request will ensure that the use is not likely to create adverse
noise and other land use impacts.
2. The site is physically adequate for the type, density and intensity of use
being proposed, including provision of services, and the absence of
physical constraints, because conditions placed on the subject request will
limit the number of guests staying on the premises, set specific quiet
hours, and mitigate other potential land use impacts that may be created
by short term occupancy.
The location, size, design, and operating characteristics of the proposed
use would be compatible with and would not adversely affect uses and
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RECOMMENDATION: I
Planning Commission Staff Report
Conditional Use Permit 12-18
128 8th Street
December 5, 2012
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.
Staff recommends the Planning Commission, after considering all relevant testimony,
written and oral, presented during the public hearing, approve Conditional Use Permit
12-18, 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 5, 2012
ivera, AICP
anner, Department of Community Development
Attachments: (4)
Attachment 1:
Attachment 2:
Attachment 3:
Attachment 4:
Resolution No. 12-29, A Resolution of the Planning Commission
of the City of Seal Beach, approving Conditional Use Permit 12-
18, to allow a short-term vacation rental property, within the
Residential High Density (RHD-20) zone at 128 8th Street, Seal
Beach.
Interim Ordinance Number 1619-U regarding short term
vacation rental properties
Applicant's statement and copy of current lease agreement
Project plans
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Conditional Use Permit 12 -18
128 8"' Street
December 5, 2 012
ATTACHMENT 1
RESOLUTION NUMBER 12 -29, A RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY
OF SEAL BEACH APPROVING CONDITIONAL
USE PERMIT NO. 12 -18, TO ALLOW A SHORT -
TERM VACATION RENTAL PROPERTY, WITHIN
THE RESIDENTIAL HIGH DENSITY (RHD -20)
ZONE AT 128 8th STREET, SEAL BEACH.
Planning Commission Staff Report
Conditional Use Permit 12-18
128 8th Street
December 5, 2012
RESOLUTION NUMBER 12-29
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
APPROVING CONDITIONAL USE PERMIT 12-18,
TO ALLOW A SHORT-TERM VACATION RENTAL
PROPERTY, WITHIN THE RESIDENTIAL HIGH
DENSITY (RHD-20) ZONE AT 128 8th STREET,
SEAL BEACH
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On September 17, 2012, Pamela Edson ("the applicant") filed an
application for Conditional Use Permit (CUP) 12-18 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 128 8th
Street.
Section 3. Pursuant to Title 14 Calif. Code of Regs. §15303 and §15305, staff
has determined as follows: The application for Conditional Use Permit 12-18 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 5, 2012, to consider the application for Conditional Use
Permit No. 12-18. 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 5, 2012 indicates the
following:
a. On September 17, 2012, the applicant filed an application for Conditional
Use Permit 12-18 with the Department of Community Development.
b. The applicant is requesting approval to operate a short-term vacation
rental property within the Residential High Density (RHD-20) zone at 128 8th Street.
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Planning Commission Staff Report
Conditional Use Permit 12-18
128 8th Street
December 5, 2012
c. in May 2012, the City Council passed an Interim Ordinance amending
the terms and conditions of operations for all new and existing short-term vacation
rental properties within the City.
d. The property presently consists of a legal, nonconforming, two-story
duplex dwelling. The property is nonconforming due to substandard off-street parking
(two single-car garages provided where two, two-car garages would be required under
today's code).
e. The downstairs dwelling unit consists of one bedroom, one bathroom,
and a small den; the upstairs dwelling unit consists of two bedrooms and one bathroom.
There is a small deck space provided at the front of the upstairs unit and a large patio,
swimming pool, and spa located in the downstairs front yard.
f. There is adequate space to park at least one automobile in front of the
garages (possibly two compact cars) and since the owner does not presently rent the
units separately, there is capacity to park up to three and possibly four off-street
vehicles.
g. Since 2007, there have been four police calls for service to the property
that staff believes may be vacation rental related. These complaints have all been for
noise or other disturbances but since the property owner also occasionally uses the
property for their own private use, it is unclear whether these disturbances came from
the property owners or short-term tenants.
h. The subject property is located within the area commonly known as "Old
Town".
The subject property is described as Orange County assessor's parcel #
199-034-27; is 37'-6" x 117'-6" in size; and comprises 4,407 square feet in area.
j.
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.
WEST: Single and multi-family residences within the
Residential High Density (RHD-20) zone.
EAST: Commercial properties within the Main Street Specific
Plan (MSSP) zone.
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Planning Commission Staff Report
Conditional Use Permit 12-18
128 8th Street
December 5, 2012
k. As of November 29, 2012, Staff has received no correspondence, in
response to the public hearing notices that were mailed and published regarding the
subject application.
Section 6. Based upon the facts contained in the record, including those
stated in §5 of this resolution and pursuant to Chapters 11.2.05; 11.4.05.135; and
11.5.20 of the Code of the City of Seal Beach, the Planning Comn-lission makes the
following findings:
a. CUP No. 12-18, 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 12-18 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 12-18, subject to the following conditions:
1. Conditional Use Permit 12-18 is approved for the operation of a short-term
vacation rental within the Residential High Density (RHD-20) zone at 128 8th
Street.
2. The applicants shall hereby comply with all requirements enumerated within
Interim Ordinance Number 1619-U, regarding short-term vacation rental
properties, or any successor ordinance thereto.
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Conditional Use Permit 12-18
128 ath Street
December 5, 2012
The property owners must maintain a business license while operating a short-
term vacation rental at the subject premises.
4. The property owners must continue to file the Transient Occupancy Tax
Remittance form with the City's Department of Finance as long as a vacation
rental is operated on the premises and shall pay the Transient Occupancy Tax in
accordance with the Seal Beach Municipal Code.
5 The property owners shall not rent or lease the property for periods of less than
three (3) consecutive nights.
6. Visitor occupancy shall be limited to a maximum stay of 29 consecutive days.
7. There shall be not more than eight (8) overnight guests, with a maximum of five
(5) adults, for the entire property.
8. When used as a short-term rental, the property shall be rented in its entirety and
not as two separate rental units to unrelated parties.
Pool and spa hours shall be from 7:00 AM to 10:00 PM daily. There shall be no
loitering in the pool or outdoor patio area after 10:00 PM.
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, single-car garages assigned to the units at 128 8th Street shall remain
free and clear of any and all obstructions that may preclude occupants from
utilizing the garage space for parking and shall remain available for any
occupants to use for parking vehicles.
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
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Planning Commission Staff Report
Conditional Use Permit 12-18
128 eh Street
December 5, 2012
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
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 12-18, unless the new property
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Conditional Use Permit 12-18
128 8"h Street
December 5, 2012
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 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. Upon receiving any combination of three (3) substantiated complaints from three
(3) different residences within 300 feet of the subject property within one (1)
calendar year concerning noise or other neighborhood disturbance, or at the
discretion of the Director of Community Development or the Planning
Commission, the Planning Commission shall review the subject short-term
vacation rental property at a noticed public hearing conducted in accordance with
the procedures outlined in Chapter 11.5.10 of the Zoning Code.
25. 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.
26. 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.
27. 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.
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Conditional Use Permit 12-18
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28. 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.
29. 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.
30. 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
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Planning Commission Staff Report
Conditional Use Permit 12-18
128 8th Street
December 5, 2012
Sandra Massa-Lavitt
Chairwoman of the Planning Commission
Greg Hastings
Interim Secretary of the Planning Commission
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128 8th Street
December 5, 2012
ATTACHMENT 2
INTERIM ORDINANCE NUMBER 1619 -U
REGARDING SHORT -TERM VACATION RENTAL
PROPERTIES
ORDINANCE NUMBER 1619-U
AN INTERIM ORDINANCE OF THE CITY OF SEAL BEACH
EXTENDING AND AMENDING ORDINANCE NUMBER 1618
IMPOSING INTERIM REGULATIONS ON NEW AND EXISTING
SHORT-TERM VACATION RENTALS AND DECLARING THE
URGENCY THEREOF
THE crry' COUNJCL OF THE CITY OF SEAL BEACH HEREBY ORDANS AS
FOLLOWS:
Section 1. Ordinance Number 1618-U. On April 9, 2012, the Seal
Beach City Council adopted Ordinance Number 1618-U, imposing new interim
regulations on new and exFsting vacatiori rentals. This Ordinarice extends and
amends the interim reguations for new and exFstrng vacation rentals established
by Ordinance Number 1618-U.
Section 2. Interim Regulations. Notwithstanding any other ordinarice or
provision of the Municipal Codo, no property shall be used as a vacation rental
while this Ordinance is effective except as permitted by the interim regulations
set forth in Section 7 of this Ordfnance.
Section 3. Term. This Ordinance shall mpino, and the interim
regulations established hereby shall terminate 10 months and 15 days after the
date of its adoption unless extended by the City Council at a regularly noticed
public hearirig pursuant to California Govemment Code Section 65858.
Section 4. CEQA Finding. The City Cou finds that it can be
seen with certainty that there is no possibility the adoption of this urdinanne, and
establishment of the interim regulations thereby, will have a significan effect on
the environment. The ordinance imposes greater limitations on vacation rentals
in the City than the limitations currently required under the Municipal Code, and
will thereby serve to reduce potential significant adverse environmental impacts.
It is therefore exempt from California Environmental Quality Act review pursuant
to Title 14, Section 15061(b)(3) of the California Code of Regulations.
Section 5. Penalty. Violation of any provision of this Ordina cm shall
constitute a misdemeanor and shall be punishable b fine not to exceed $1,000
or by imprisonment for a period not to exceed 6 months, or by both such fine and
imprisonment. Each and every day such a violation exists shall constitute a
separate and distinct violation of this Ordinance. In addition to the foregoing, any
violation of this Ordinance shall constitute a piibUc nuisance and shall be subject
to' abatement as provided by all applicable provisions of law. It shall be a violation
of this Ordi for permit or fail to correct within 3 days of
receiving notice: V> any violation by a vacation renter of this Ordinance or
Chapter 7.15 of the Municipal Code (Noise) or (ii) any public nuisance created by
a vacation renter in violation of Chapter 7.35 of the Municipal Code.
Section 6. Legislative Findings. On May 12, 2012, the City Council
considered the adoption of this Ordinance at a duly noticed public hearing and on
the basis of the record thereof finds the fotlowing facts to be true.
a. The City's location and proximity to the coast makes it a
popular destination for tourists, many of whom choose to stay in residential units
such as, but not limited to, single-family and multiple-family dwelling unda,
apartment hounax, condominiumo, cooperative apodmonto, trip|oxoo, and
duplexes on a fewer than 30 days basis as vacation rental units.
b. Based on experience in the City and in other jurisdictions, it
is known that short-term vacation rentals have the potential to create negative
land use impacts for neighboring residential uses. These include but are not
Ordinance Number 1619-U
limited to noise disturbances due to late night arrivals and parties with numerous
guests and amplified music, insufficient porking, and unsanitary and unsightly
trash accumulation. These problems are exacerbated when multiple unts on the
same property are rented on a short-term basis at the same time and/or to large
groups. Momovur, because short-term occupants do not stay in the residence
for longer periodu, they and their guests have less personal incentive to
moderate their behavior to avoid negatively impacting neighboring residents.
c. The City Counc nacted Section 11.4.05.135 of
the Municipal Code, which requires vacation rentals to 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.
d. After the adoption of Ordinance Number 1618'U. the City
Community Development Department b to study the adequacy of its existing
ordinances regulating vacation rentals. The Planning Commission, the City
Council and the people of Seal Beach require a reasonable, limited, yet sufficient
period of time to consider and study legally appropriate and reasonable policies
regulating vacation rentals in order to prevent negative impacts on neighboring
residents. Given the time required to undertake the study and planning this
situation calls for, the City Council finds that it is necessary to enact interim
regulations to ensure that operation of vacation rentals that may be in conflict
with the contemplated new development policies are not permitted in the interim.
The City Council has the authority to adopt an interim ordinance pursuant to the
City Charter and Government Code Section 65858 in order to protect the public
healthsafety, or welfare.
e. Accordingly, the City Council finds that there is a current and
immediate threat to the public health, safety and welfare presented by operation
of vacation rentals not in conformance with the interim regulations set forth below
in Section 7. The summer rental season is rapidly approaching and the
operation of vacation rentals pursuant to the City's existing regulations will result
in that threat to the public welfare unless the interim regulations are immediately
effective. Due to the foregoing oimumo|anoeo, 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 pubUc peace, health, and safety within the meaning cf
Government Code Section 36937(b) and therefore shall be passed immediately
upon its introduction and shall become effective immediately upon its adoption.
f. ,AII legal prerequisites to the adoption of this Ordinance have
occurred.
Section 7. Interim Regulations. Notwithstanding any other ordinance or
provision of the Municipal Code of the City of Seal Beach, vacation rentals must
comply with the following interim regulations.
a. Conditional Uao Permit Required. No vacation rentals shall
operate or be established unless the property owner obtains a conditi�nal use
permit ("CUP") in compliance with Chapter 11.5.20 of the Municipal Code. To
mitigate the impacts of such rentals on the surrounding neighborhood and City
infrastructure and services, the City may impose reasonable conditions of
approval including but not limited to maximum occupancy levels, maximum visitor
levels, off-street parking requirements and traffic mitigation measures.
b. Limited 10 O/d Town. Vacation rentals are conditionally
permitted only in Old Town (Planning Area 1 excepting Surfside). Vacation
rentals are prohibited in alt other P!anning Areas, including but not limited to the
areas commonly referred to as the Hill, Leisure World, College Park East, and
College Park West.
Ordinance Number 1619 -U
c. Business License Required. The property owner must
obtain a business license prior to operating or establishing a vacation rental.
d. Transient Occupancy Tax. The properly owner must
complete the Transient Occupancy Tax Remittance form prior to operating or
establishing a vacation rental and shall pay the Transient Occupancy Tax in
accordance with the Seal Beach Municipal Code.
e. Maximum Length of Stay. Visitor occupancy shall be limited
to a maximum of 29 consecutive days.
f. Fire and Life Safety. The property owner shall implement
and conform to fire and life safety requirements required by the Orange County
Fire Authority and the City's Building Division. These requirements include, but
are not limited to approved smoke detectors in each lodging room, installation of
an approved fire extinguisher in the structure, and the inclusion of an evacuation
plan posted in each lodging room.
g. Annual Inspection. The property owner shall comply with the
annual fire and life safety certification procedures of the Orange County Fire
Authority.
h. Secondary Use. A vacation rental in commercial zones shall
be conditionally allowed only in conjunction with an approved commercial use.
i. Check -in Time. First -day arrival at a vacation rental is
prohibited after 9:30 p.m. All lease or rental agreements must include this
prohibition.
j. Check -out Time. Vacation renters must vacate the unit
before noon on the final day of their tenancy.
k. Renter Information and Acknowledgement. Prior to
occupancy of a short-term vacation rental unit, the owner shall: (i) obtain the
name, address, and a copy of a valid government identification of the primary
adult occupant of the short-term vacation rental; and (11) require the primary adult
occupant to execute a formal acknowledgement that he or she is legally
responsible for compliance with all applicable laws, rules and regulations
pertaining to the use and occupancy of the short-term vacation rental by all
occupants of the short-term vacation rental or their guests. The
acknowledgement must include the text of Section 7.45.010 of the Municipal
Code, which provides as follows:
"Upon the initial response of the police department to any
disturbance involving loud, unnecessary and unusual noise, the
chief of police may, in lieu of or in addition to taking other action
authorized by law, give notice to the person or persons in actual or
apparent control of the activity creating the disturbance, or to the
person or persons in actual or apparent control of the property or
premises wherein the disturbance has occurred, or both, that
liability may be imposed upon the person or persons receiving such
notice for the costs to the city of any subsequent response by the
police department in connection with any continuation or
resumption of such disturbance. Such notification shall be in such
form as may be approved by the chief of police. The costs of any
subsequent response shall be assessed to the person or persons
receiving such notice and shall include all costs reasonably
incurred by the city in providing law enforcement services and
equipment at the scene of the disturbance, including the cost or
value of the time expended by police department personnel in
making any subsequent response. The method of computing such
costs shall be established by the chief of police and approved by
the city council. The finance department shall invoice such costs to
Ordinance Number 1619-U
the person or persons liable therefor. under ihis chapter, and such
costs shall constitute a debt to the city and be collectible by the city
in the same manner as in the case of an obligation under a
contract; pmvided, 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 a period of three years and shall be readily available upon request of any
police offfcer or employee of the city authorized to enforce this Ordinance or any
applicable |aw, rule or regulation pertaining to the use and occupancy of the
shorl-term vacation rental,
i
Trash. Trash and refuse mus not be Ieft stored within publi
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.
m. Lease Terms: 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 fofowing terms, notifications
and diocbourau, which shall also be posted in a conspicuous location inside the
unit:
i The trash pick-up day and applicable rules and
regulations pertaining to leaving or storing trash or refuse on the exterior of the
property.
� Notification that the occupant may be cited or fined by
the City for violation of any provision of the Municipal Code, ncluding but not
limited to amplified nound, including mdioo, televisions and other electronic
devices, that creates a noise disturbance in violation of Chapter 7.45 of the Seal
8each Municipal Code.
iii. A recommendation that the occupant participate
voluntarily in neighborhood quiet hours by avoiding parties and loud social events
between the hours of 10:00 p.m. and 7:00 a.m.
iv. The name of the owner or property manager mnda
telephone number at which tha party may be reached at all times.
n. Response to Complaints. The property owner or manager
must provide the City with a phone number at which he or she can be contacted
on a 24-hour basis regarding nuiuu oo complaints arising at of hn the of
the property as a vacation rental. Upon receipt of a nuisance complaint or upon
notification that any occupant or guest of the short-term vacation rental has
created unreasonable noise or disturbances, engaged in disorderly conduct, or
committed violations of the Municipal Code or any state law, the owner or
property manager must respond within 45 minutes of receiving such notification
and must promptly take corrective action to immediately prevent a recurrence of
such conduct by those occupants or guests. Failure to timely respond to calls or
complaints as required or take timely corrective action regarding the condition,
operation, 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 an owner or property manager to act as a peace officer or to
intervene in situations that pose a 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 by owner. Such
records must be maintained for at least three years,
o. On-Site Froperty Owner or Property Manager Required for
Vacation Rentals In Excess of 2 Units. A property owner or property manager
shall reside on each site that contains more than 2 vacation rents( units. Such
Ordinance Number 1619-U
property owner or property manager shall be responsible for compliance wbh the
aperational and performance standards set forth in ths Ordinance.
p. Additional Conditions. Additional conditions on the use of
any given short term vacation rental unit to ensure that any potential secondary
effects unique to the subject vacation rental unit are avoided or adequately
mitigated may be imposed pursuant to any CUP required by this Ordinance.
Section 8. .Abatement and Amortization: Licensed Vacation Rentals.
a. In order to continue renting any unit as a vacation mnta|, the
property owner of any existing, licensed vacation rentals shall 0n an application
for a conditional use permit on or before July 6, 2012. For the purpose of this
ordinance, "licensed" shall mean a vacation rental as to which as of January 1,
2010' the property owner had' and, thereafter, has continuously maintained a
valid business /icmnne, and has registered to pay the Transient Occupancy Tax,
and has paid such fax in tuff compliance with the Title 4: Revenue and Finance,
Chapter 4.35: Transient Occuparicy Tax of the Municipa! Code.
b. Interim Ordinance Number 1618-U provided an opportunity foraanh
property owner of an existing, licensed vacation rental to continue renting
vacation rentals if he or she supplied to the City proof of a rental agreement for
use of a vacation rental unit after the effective date of that OnJinance, subject to
certain provisions contained therein. The City did not receive any such proof
either within the prescribed time, or as of May 3, 2012.
c. On or before Jtily 6, 2012, any property oeiner may request from
the City Council an exemption fmm, or extension of the terms and provisions of
this ordinance, in order to amortize the property owner's investment. Such
request must be made in writing setting forth the reasons for the request, a
proposed abatement period after which the owner either ceases renting any unit
for use of a vacation rental unit or obtains a CUP to permit such uoa, and all
supporting evidence. The owner shall bear the burden of proof. The City
Council shall consider the request at a public hearing and may consider the
following: (i) the length of the proposed abatement period in relation to the
owner's investment i the f the property as a vacation rental; (ii) the length
of time the vacation rental was operating prior to the date of nonconformity; and
(iii) the potential harm to the public if the unit or units are rented on a short term
basis after July 6, 2012. The decision of the City Council shall be final.
Section 9. Soverabi|kv /f any 000Uon, ouboection, ouhdivioion,
paragraph, sentence, clause or phrase of this ordinance or any part thereo is for
any reason held to be invu|id, such invalidity shall not affect the validity of the
remaining portions of this ordinance o hereof. The City Council of the
City of Seal Beach hereby declares that it would have passed each section,
subsection, oubdivision, pamgmph, oenUanco, clause or phrase hereof,
irrespective of the fact that any one or more sections, subsections, subdivisions,
paragraphs, sentences, clauses or phrases be declared invafld.
Section 10. The City Clerk shall certify to the passage and adoption of
this Ordinance and shall cause the same or a summaiy thereof to be published
and posted in the manner required by Iaw.
Ordinance Number 1619-U
PASSED, APPROVED AND ADCFTED by the City Council of the Ci!y of Seal
Beach at a meeting thereof held on the 14th day of Mav 2012.
A||EST:
STATE OF CALIFOR IA )
COUNTY OF ORANGE }G8
CITY OF SEAL BEACH ' }
PROVED AS TO FORM
Qiinri M. Barrow, City Attorrtey
1, Linda Devne, City Clerk of the CFIy of Seal Beach, California, do hereby certify
that the foregoing rdi is an original copy of Urgency Ordinance Number
1619-U on file in the office of the City Clerk, passed, approved and adopted by
the City Council of the City of Seal Beach, pursuant to the City Charter and
Government Code § 36967(b), at a meeting held on the 14th day of May , 2012
by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
and do hereby further certify that Urg Ordinance Number 1619-U has been
publfshed pursuant to the Seal Beach City Charter and Resolution Number 2836.
Planning Commission Staff Report
Conditional Use Permit 12 -18
128 8th Street
December 5, 2012
ATTACHMENT 3
APPLICANT'S STATEMENT AND COPY OF
CURRENT LEASE AGREEMENT
Jeff& Pam Edson
Z233 West Bx|hvu8|�|O4'Sl4
Nc,yporr Beach. Cl9Z66]
Edson Vacation Rental
178 Eig]itli Street, Seal Beach, California
Jeff 8z | purchased our first home l]mSLrCetin Seal Reach in 1989 followed by home
on B3yS/deuDd finally this home 0O 8 Street in 1998. It was the typical GD|di(0[ksst0ry,
the first liouse was too smaH with tlie birth ofour two sons, tlie second house was too big
and lacked the close proximfty to O[d Town, ind this house was just right clue to it's
location and outdoor space. It was a perfccl horne to raise our chi]dren. The wonderful
front yard was host to many birthday parties, cub scout events, biock BBQs, etc.
In 2003 we made the decision to "temporarily" move to Newport Beach to he closer to our
children's school, Carden NaIJ, just just uritil our youngest finished elementary school. We
continued to spend weckends and holidays in Seal Beach. Eventually the burden of
financing two homes required us to consider rental income but w/e didn't uaDt to lose
access to our home. Vacation rental seemed to fit our needs and so we contacted Baytown
Realty and began weekly rentals.
Over the years, Jeff & |have been really pleased with our decision. |nzOlUvvc sold our
business and fora now managing the rentals personally. Most of our guests have been
coming for years and since it is a family home, the house naturally attracts families. It is
technically two units but we have always used it as a single home, 2 hcdrm' 1 bath upstairs
and 1 bcdrrn, 1 bath downstairs. My nn0thcr'in'lnvvvisits us frcquently and ) have noticed
that many afoul- guests bring grandparents too. We limit our adults to 4-5 and our total
with children to 8. We have a son who is allergic to pets so we have always had a no pet
policy and we do not allow smoking, even in thc yard.
The location of our home is probably unique to the other applicants in that we share our
Street aHey with Main Street businesses, including three bars and four restaurants. There
are certainly challenges in balancing thc needs of businesscs with private homes, noisc and
trash being the biggest issues. Our 8t11 Street residential neiglibor on thc beach side is a
singlc home like ours but on thc othcr side is the t'ive unit owned by thc church. There are
twa units plus tlirce studios which face our yard. Obviously thcre are issuos but all in all
we work thern out in neighborly fashion. Neighbors on both sides have had my cell number
for years and will call or text, and | do the same for them.
During this proccss | have beard people referring to vacation rentals aaa means to
maximize rental income over month-to-month rentals but | am not sure | agree with this
generalization. Even iNve did not hiock out dates tor ourselves and our faniily, we still
would not cD8kerUOrc income on the vacation rentals. |t is far more costly to maintain this
type ot rental, which includes furniture, household itcrns, toiletries and paper goods, not to
mention the housekeeper, gardencr, pool man and. utilities. | feel that the rnajolity of us
carne to the decision to do vacation rentals for a similar reason, to part-time share our
home and to keep tightcr control on rentals.
To truly understand vacation rentals, you only need to spend a few minutes reading one of
our guest books. Seal Beach is a special place aind although 1 wisti we cou]d aftord to keep
the house just for us, it does give us joy to be able to share this wonderful gem with others.
Advantages of Vacation Rentals versus Month-to-Month Rentals:
1.) Most importantly it allows us to continue to use our home.
2.) Vacation guests are always happy and a pleasure to work with.
3.) Guests take better care of our home than full time renters. There are no holes in the
walls, no damaged furniture, no inordinate utility bills, no torn up plants in the yard and no
old furniture and belongings piled in the garage and on the sides of the house, all abuses
that we dealt with during full time rentals. On the contrary, guests will replace a tea kettle
or donate beach toys and chairs.
4.) Guests are easier to monitor since we have constant access to the property. 1 speak by
phone or in person with each guest personally many times during the booking, stay and
check-out.
5:.) Payment is in advance so there is no such thing as bad debt or evictions.
6.) Guests support Seal Beach businesses and bring serious revenue to our town.
Who are our guests? Here is a sampling of our most recent:
A Las Vegas family who come each year. It began with the parents & young adults and now
the young adults come ‘vith their children. (July)
Grandparents from Palm Desert renting a home for their grown children and grandchildren
to visit. (August)
Two daughters from separate states brought their 91 yr old father for a visit. (Sept)
Former Norwegian international students from Long Beach State bringing their young
children to experience the much talked about Seal Beach. [October)
A local Rossmoor family looking for additional space for out of town guests
Thanksgiving. (November)
RENTAL RULES AND REGULATIONS AGREEMENT
178 E 'v61h Street, Seal Beach. Cali 6`rfl'n
1. CHECK-IN TIME IS AFTER 3 P.M. PST AND CHECK-OUT IS 11 A,M. PST.
2. This is a NON SMOKING propcUy' inc|udi xrci. Due to the proximity or
our neighbors. smoking is also not allowed in \hcvo,d. (Smoking is ok in the back alley.)
3. PETS are not permitted on the property (including the yard & pool area) under any conditions.
4. MINIMUM AGE 'Wc will not rent ko gucxix under 25 years o[ogc unless accompanied hy
an adult guardian or parent.
DANIAGE/RESERVATION DEPOSIT- A damage/reservation deposit of S500 is required.
This must hc received vilhin»oon(7) days orbookio,:lbcreservation. The deposit
automatically converts to a security/damage deposit upon arrival. The deposit is NOT applied
toward rent: however. it is 11.111V rc|un 1.1levhhi n (|�>�o S m [dcpx rtuoc.provided th e tbU orz
ng
provisions are met:
a. No damage is done W units or their contents. beyond normal vrur and !cur.
b. No churQcsarc incurred duc to contraband. pets or collection o[rco8 or
services rendered during the stay.
c. All debris, rubbish and discards are placed in uUcy trash cxns, and soiled dishes are p]accd in
the dishwasher and cleaned.
d. /\[| keys are left on the entry table and unit is [c(i locked. (S25 each set)
c. Al charges accrued during the stay arc paid prior lo departure.
1. No Iinens are lost ur JLiri1acd.
g. NO Exdy cbcck-in or |ulcuhcck'ou{.
h.11lc norohcro[ gucy |s do not exceed die maximum o[ien <lO) persons.
i Parking pass ix|cil inside the unit upon departure. (S35 replacement Ice)
j. The renter is not evicted by he owner (or rcprcsentativc (lithe owner). or
the local law enforcement.
k. The police arc not summoned due to yard noise after |Upm. (See 18 y0019P/\ AND
PATIO CLOSE AT 10PM below)
6. P/t,KIVI ENT '/\n advance payment equal inj(% (lithe rental rate plus the damage deposit. is
required upon hooking. T�c advance payment will he applied toward the room rent, Please make
po!nocnAs in the form u|' personal checks payable 10 Aria Rentals i[(. or call 1' you vish to pu■
by credit card. The BALANCE OF R[NT/T.AXBE[S is duc on/ ( | ) month before your arrival
date. If you hook within one month o[unhal. the (oi:| rent is due. upon huoking:1.
,N"nz»cox'v
7. CANCELLATIONS - A sixty (60) day n llation. Cancellations that
are made more than sixty (60) days prior to the ,arrival date wi1) incur no penalty. Lincellations
or changes that result in a shortened star. that are made 4�itllin 6U days c1Cth tirrivul date. Corleit
the Cull advance payment and damage /reservation deposit. Cancellation or early departure does
not 4vartant any refund or rent or deposit.
S. MONTHLY RESERVA'T'ION CANCELLATIONS - Monthly renters must cancel one
hundred twenty (1.20) days prior 10 check -in. Monthly renters who make a change that results in
a shortened stay must be made 31 least ninety (1 U) days prior to check -in. Please be aware that
weekly rates are higher than monthly rates and stays or less than 31 days require the transient
occupancy tax of I" .
9. MAXIM V\1 ()CC PA - -.the 111axim1011 number oi` guests is limited to eight (81 adults
or ten (10) persons.
10. MINIMUM STAY- [his property requires a live (5) ni ht minimum stay during high season
holidays and a three (3) night minimum Stay all other limes.
11. INCLUSIVE FEES - Rates include a one -time linen -towel setup. Ameni
arc included In the rental rate.
12. NO DAILY MAID SERVICE - While linens and bath towels are included in the unit. dan
maid service is not included in the rental rate however is available at an additional rate.
13. RATE CHANGES - Rates subject to change ��ithout. laud
14. FALSIFIED RESERVATIONS - ,1ny rescr\ation ohtaincd under false pretense will he
subject to 1orltitttre or advance payment. deposit and /or rental money. and the party will not be
permitted to check -in.
15. WRITTEN EXCEPTIONS -
be approved in writing in advance.
.eptions to the above mentioned policies must
16. PARKING PASSES & STREET SWEEPING — It is hest to park behind the house. If you
do choose to park on the street please note that due to the proximity to the beach. the City or Seal
Beach restricts 8i1' Street parking to one hour unless a parkin, pass is displayed. A parking pass
is located on the entry table upstairs and the restrictions and display instructions are printed 00
the pass. Autos must display a parking pass al ul1 times while parking on the street. Failure Lo
clispla�` may result in ticketing andior toying of vehicle at renter's expense. Except Cur limited
hours. the parking lot across the street is by permit only. 'I-he parking lots behind the house are
solely Car Main Street business patrons. Please return the parking pass to the entry table upon
departure. 11 you inadvertently leave \\ 1111 1 pass. please let me know immediately and mail it
directly to the house at 128 S'I' Street. Seal I3each. C:'1 007.10 to avoid a S35 replacement charge.
8t1i Street sweeping is currently N1ond0 s (house side) and Thursdays (opposite side) from hang to
1pnm. Please refer to posted signs for specific days and Limes.
f4
17. POOL Sz SPA SAFFIN
a. R
_ecause there is no lifettuard on duty in the pool area. allyerIC usine. the swimming
pool/spa does so at hisilier risk. We recommend that the pool or spa n01 he used
unaccompanied.
b. \Valk: don't run in and around the pool area,
C. No _VT,
d. No glass containers in the pool area.
c. The pool izatc should be kept latched at all times. When not in use it is a wood idea to
also lock the latch when children are present.
Within the pool area. children should he accompanied by a parent or responsible person.
in i swim suit, at all times includin l. in the water and on the pool deck. While in the
water. the parent or responsible person should remain within arms reach of the child.
Children who are not toilet-trained should kkear a swimsuit diaper or plastic pants and a
swim suit. These are ;:tvailablc al CVS at Main Street & PC1 1.
h. I laving a swimming pool and spa in the yard is an added bonus. however it definitely
adds to the need for child supervision. The fencin u. around the pool is a helpful baiTier.
htit it is not childproof. No child should ever he allowed to play in the yard without
adequate adult supervision.
Pool toys, flotation devices. etc. should lie removed from the pool area after use so they
do not become an attraction to children playin2, in the yard.
j. SPA - Prevnant women. infants. the elderly and those with health conditions requiring
medical care should consult a physician before entering the spa. Hot water immersion
‘vhi lc under the influence of alcohol, narcotics. drugs. or medicine may lead to serious
consequences and is not recommended. I.orn2 exposure in the spa may result in nausea.
dizziness. fainting or difficulty in hreathint_u Yount!, children are especially prone to
problems,
18. POOL/SPA PATIO AREA CLOSE AT 10PM- As a courtesy to our nciehhors. please
refrain from using the Pool/Spa and patio area after 1 Opm. Due to the close proximit of the
neighboring houses. the noise (even normal conversation) from the yard area really carries into
their homes. After 10pm. please either move into the house or relocate to one of the great
establishments on Main Street.
\'eI'ui u 12 in; HI 3 01.4
IF THE POLICE ARE SUMMONED TO THE HOUSE DUE TO YARD
NOISE AFTER lOPM, YOU HEREBY AGREE TO FORFEIT YOUR
DAMAGE DEPOSIT. (Sec 5-k. DAMA(;E/RESERVATION DEPOSIT and
18. POOL/SPA PATIO AREA CLOSE AT 11111N1 ahoy e)
BY SIGNING BELOW, I AGREE TO ALL THE TERMS AND
CONDITIONS OF THIS AGREEMENT INCLUDING THE
CANCELLATION POLICY AND EXCESSIVE YARD NOISE POLICY'.
Signature:
Print Name:
Addrt:ss:
C ii Sine.
Lmail:
Please follow these instructions to get started:
Date
Cell Phone:
1.) Sign the both the Confirmation & Rental Rules documents.
2.) Make check for the Damage/Reservation Deposit of S50( payable to Aria Rentals LLC.
3.) Make check for 50% of the Rental Raw. (six Confirmation for rental rate)
4.) Copy documents lbr your records and mail originals plus pa ,. ments to:
Aria Rentals LLC
2233 W.Balhoa Blvd 1;'104-514
Newport Beach. CA 92663
PLEASE NOTE THAT THIS RENTAL IS NOT CONFIRMED UNTIL WE
RECEIVE YOUR SIGNED DOCUMENTS AND PAYMENTS AND YOU
RECEIVE A CONFIRMATION EMAIL.
Thank you for choosing our vacation home. We look forward to your visit.
Pirm, 0:2) E‘o- Tcata zzc
Vcr,i(.11 21)1 2 41S 111
4 of 4
Planning Commission Staff Report
Conditional Use Permit 12-18
128 8th Street
December 5, 2012
ATTACHMENT 4
PROJECT PLANS