HomeMy WebLinkAboutCC AG PKT 2012-11-13 #DAGENDA STAFF REPORT
DATE: November 13, 2012
TO: Honorable Mayor and Members of the City Council
THRU: Jill R. Ingram, City Manager
FROM: Greg Hastings, Interim Director of Community Development
SUBJECT: ZONE TEXT AMENDMENT 12-3, REGARDING THE
PROHIBITION OF SHORT TERM RENTAL OF
RESIDENTIAL PROPERTY
SUMMARY OF REQUEST:
That the City Council waive further reading and adopt Ordinance No. 1624
approving Zone Text Amendment 12-3, prohibiting the rental of residential
property on a short-term basis.
BACKGROUND AND ANALYSIS:
At the October 22, 2012 City Council meeting the City Council conducted a public
hearing for consideration of this matter and subsequently adopted Urgency
Ordinance No. 1624-U and introduced Ordinance No. 1624. It is now appropriate
to adopt Ordinance No. 1624.
ENVIRONMENTAL IMPACT:
There is no Environmental Impact related to this item.
LEGAL ANALYSIS:
The City Attomey has reviewed and approved as to form.
FINANCIAL IMPACT:
Adoption of this ordinance limits the potential for future Transient Occupancy Tax
revenue received from new vacation rentals, but the extent of the impact is
unknown.
Agenda Item D
RECOMMENDATION:
That the City Council waive further reading and adopt Ordinance No. 1624.
SUBMITTED BY:
i7
Greg A. Hastings, Interi
Director of Community Development
Attachment:
A. Ordinance No. 1624
Page 2
NOTED AND APPROVED:
l
11
Jill ' Ingram, City
ORDINANCE NUMBER 1624
AN ORDINANCE OF THE CITY OF SEAL BEACH APPROVING
ZONE TEXT AMENDMENT 12 -3 PROHIBITING RENTAL OF
RESIDENTIAL PROPERTY ON A SHORT -TERM BASIS
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS
FOLLOWS:
Section 1. On October 3, 2012, the Planning Commission conducted a
duly noticed public hearing to consider prohibiting the short -term rental of
residential properties (Zone Text Amendment 12 -3). After receiving public
testimony, the Commission adopted Panning Commission Resolution No. 12 -32,
recommending that the Council prohibit renting residential property for periods of
less than 30 days.
Section 2. On October 22, 2012, the City Council conducted a duly
noticed public hearing on Zone Text Amendment 12 -3. Persons spoke in favor of
and against short - term rentals.
Section 3. The City Council hereby finds:
A. Approval of Zone Text Amendment 12 -3 is categorically exempt
from review pursuant to the California Environmental Quality Act (CEQA)
pursuant to CEQA Guidelines Section 15305 (Minor Alterations in Land Use
Limitations), because it consists of minor alterations in land use limitations in
areas with an average slope of less than 20% and does not result in any changes
in land use or density; and Section 15061(b)(3), because it can be seen with
certainty that there is no possibility that the approval may have a significant effect
on the environment; and
B. Zone Text Amendment 12 -3 is consistent with the City's General
Plan.
Section 4. The establishment of any new vacation rental is prohibited.
The City shall not accept any conditional use permit application for a vacation
rental after October 22, 2012. Applications submitted on or before October 22,
2012 shall be processed and may be approved in accordance with the provisions
of the Municipal Code and Ordinance No. 1619 -U. Ordinance No. 1619 -U is
superseded by this Ordinance and shall have no further effect except for the
limited purpose of processing and reviewing conditional use permit applications
for vacation rentals filed on or before October 22, 2012.
Section 5. The Municipal Code, including but not limited to Table
11.2.05.010, is amended to delete any reference to "vacation rentals." Table
11.2.05.010 of the Municipal Code is further amended to indicate that "Short
Term Rental of Residentially Zoned Property" is neither permitted nor
conditionally permitted in any zoning district of the City and to cross - reference
Section 11.4.05.135.
Section 6. Section 11.4.05.135 of the Municipal Code is amended to
read as follows:
"Short-Term Rental of Residentially Zoned Property.
A. Prohibited. No residentially zoned property, or any portion
thereof, shall be leased or rented for a term of 29 days or less
for any purpose, including but not limited to any residential or
commercial purpose such as vacation rentals, weddings, or
other event rentals.
Ordinance Number 1624
B. Legal Nonconforming Vacation Rentals. Any vacation rental
granted a conditional use permit pursuant to Ordinance No.
1619-U shall be a legal nonconforming use permitted to
continue subject to its conditions of approval and Chapter
11.4.40 of the Zoning Code.
Section 7. Pursuant to Ordinance No. 1619-U, the City issued
conditional use permits ("CUPs") for a number of vacation rentals. One of the
conditions of approval attached to each CUP is the requirement that the property
owner comply with the permit and operational requirements set forth in
Ordinance No. 1619-U. In that Ordinance No. 1619-U will be superseded upon
the effective date of this Ordinance, such standards are restated below. Each
property owner who has a CUP for a vacation rental must comply with the
following permit and operational requirements:
A. Business License Required. The property owner must obtain a
business license prior to operating or establishing a vacation rental.
B. Transient Occupancy Tax. The property owner must complete the
Transient Occupancy Tax Remittance form prior to operating or establishing a
vacation rental and shall pay the Transient Occupancy Tax in accordance with
the Seal Beach Municipal Code.
C. Maximum Length of Stay. Visitor occupancy shall be limited to a
maximum of 29 consecutive days.
D. Fire and Life Safety. Fire and life safety requirements as required
by the Fire Authority and the Building Department shall be implemented. 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.
E. Annual Inspection. Each vacation rental shall comply with the
annual fire and life safety certification procedures of the Orange County Fire
Authority,
F. 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.
G. Check-out Time. Vacation renters must vacate the unit before
noon on the final day of their tenancy.
H. 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 (ii) require the primary adult occupant to
execute a formal acknowledgement that he or she is legally responsible for
compliance of all occupants of the short-term vacation rental or their guests with
all applicable laws, rules and regulations pertaining to the use and occupancy of
the short-term vacation rental. The acknowledgement must include the text of
Section 7.45.010 of the Municipal Code, which provides as follows:
"Upon the initial response of the police 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
Ordinance Number 1624
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
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 as in the case of an obligation under a
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 a period of three years and shall be readily available upon request of any
police officer or employee of the City authorized to enforce this Ordinance or any
applicable law, rule or regulation pertaining to the use and occupancy of the
short-term vacation rental.
I. Trash. Trash and refuse must not be left stored within public view,
except in proper containers for the purpose of collection by the City's authorized
waste hauler on scheduled trash collection days. The owner or property
manager must provide sufficient trash collection containers and service to meet
the demand of the occupants.
J. Lease Terms. Each new lease or rental agreement for a short-term
vacation rental must have a copy of the Permit and Operational Requirements
attached to it and must include the following terms, notifications and disclosures,
which shall also be posted in a conspicuous location inside the unit:
1. The trash pick -up day and applicable rules and regulations
pertaining to leaving or storing trash or refuse on the exterior of the property.
2. Notification that the occupant may be cited or fined by the
City for violation of any provision of the Municipal Code, including but not limited
to amplified sound, including radios, televisions and other electronic devices, that
creates a noise disturbance in violation of Chapter 7.45 of the Seal Beach
Municipal Code.
3. A recommendation that the occupant participate voluntarily
in neighborhood quiet hours by avoiding parties and loud social events between
the hours of 10:00 p.m. and 7:00 a.m.
4. The name of the owner or property manager and a
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 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 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
Ordinance Number 1624
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.
Section 8. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this Ordinance or any part thereof is for any reason held to
be invalid, such invalidity shall not affect the validity of the remaining portions of
this Ordinance or any part hereof. The City Council of the City of Seal Beach
hereby declares that it would have passed each section, subsection, subdivision,
paragraph, sentence, 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 or a summary thereof to be published
and posted in the manner required by law.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at
a regular meeting held on the 13th day of November . 2012.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing Ordinance was introduced for first reading at a regular meeting held on
the 22nd day of October 2012 and was passed, approved and adopted by
the City Council at a regular meeting held on the 13th day of November 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