HomeMy WebLinkAboutCC AG PKT 2012-12-10 #K *,SE
AGENDA STAFF REPORT
DATE: December 10, 2012
TO: Honorable Mayor and Members of the City Council
THRU: Jill R. Ingram, City Manager
FROM: Jim Basham, Director of Community Development
SUBJECT: APPEAL OF THE PLANNING COMMISSION'S
APPROVAL OF CONDITIONAL USE PERMIT 12-10, TO
ALLOW THE PROPERTY LOCATED AT 413 OCEAN
AVENUE TO BE RENTED ON A SHORT-TERM BASIS
SUMMARY OF REQUEST:
That the City Council adopt Resolution No. 6339, in its proposed form or as may
be amended by the City Council, upholding the Planning Commission's approval
of Conditional Use Permit 12-10, allowing short-term rental of the property
located at 413 Ocean Avenue.
BACKGROUND AND ANALYSIS:
Planning Commission Action:
After conducting a public hearing on October 3, 2012, the Planning Commission
unanimously approved Conditional Use Permit (CUP) 12-10 to allow the property
owner to rent her property located at 413 Ocean Avenue for terms of less than 30
days. At the public hearing, persons spoke in favor of and against issuance of
the CUP. The Commission also considered letters in support of and opposed to
the short-term rentals. (See Attachment "F")
Pursuant to Section 11.5.20.020.A of the Zoning Code, the Planning Commission
found, based upon evidence presented at the public hearing, that:
1. CUP 12-10, 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;
2. CUP 12-10 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;
Agenda Item K
3. The proposed use is conditionally permitted within the applicable zoning
district (RHID-20), and, as conditioned, will comply with all other applicable
provisions of the Municipal Code;
4. 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;
5. 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
6. 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. There
were no police reports presented at the hearing indicating that the short-
term rental of the property, in operation since at least 2007, has created
any negative impacts such as excessive noise, crime, or littering, upon the
neighboring uses.
The findings made by the Planning Commission are supported by substantial
evidence presented at the public hearing.
Attachment "C" is Planning Commission Resolution No. 12-20, containing the
findings and determination of the Planning Commission in support of the CUP.
(Planning Commission minutes: Attachment "D"; Planning Commission staff
report: Attachment "E").
Project Characteristics:
• The property is 25' x 110' in size and comprises 2,750 square feet in area.
It is developed with a two-story, three-bedroom main dwelling at the front
of the property, and a detached, two-story structure at the rear of the
property with two single-car garages comprising the ground floor and a
one-bedroom dwelling comprising the second floor.
• Both units on the property have been used as short-term vacation rentals
since at least 2007, and there are no police reports indicating that such
use has created any detrimental impacts on the neighborhood such as
excessive noise, crime, or littering.
• The property owner employs a manager who lives in Seal Beach.
Appeal:
Kurt Schulzman and Richard Ned appealed the Planning Commission's decision.
(Please refer to Attachment "B".)
Page 2
Section 1.20.005.D of the Municipal Code requires that the appeal must indicate
in what way the appellant contends the decision was incorrect or must provide
extenuating circumstances that the appellant contends would justify reversal or
modification of the Planning Commission's decision. Appellants allege:
• "Parking"
• "Intensity of Use"
• "Conflicting Findings within the Staff Report"
• "The Site is Not Physically Adequate for the Type, Density, and Intensity
of the Permitted Use"
• "The Proposed Use will be Detrimental to the Health, Safety and Welfare
of Persons Residing in the Vicinity"
• "The Use Places an Unreasonable Burden on Neighbors to Provide
Surveillance and to Report Problems to Authorities.
Conditional Use Permit Findings:
In general, the City may issue a conditional use permit if the use: is consistent
with the General Plan; complies with the zoning ordinance* and is compatible
with surrounding uses. As noted above on page 1, the Planning Commission
made such findings, as well as other findings. The findings made by the
Planning Commission are supported by substantial evidence presented at the
public hearing.
Staff recommends that the Council uphold the Commission's decision.
Council Options:
The Council may:
1. Adopt the attached resolution, upholding the Planning Commission's
decision.
2. Modify the resolution.
3. Direct staff to prepare a draft resolution overturning the Planning
Commission's decision.
Page 3
ENVIRONMENTAL IMPACT:
The application for a short-term vacation rental property 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.
LEGAL ANALYSIS:
Pursuant to the City's municipal code and applicable state law, the City may
approve CUPS, and impose reasonable conditions upon that CUP designed to
mitigate any potential adverse impacts arising from the use.
FINANCIAL IMPACT:
The use will generate transient occupancy tax.
RECOMMENDATION:
Staff recommends the City Council, after considering all relevant testimony,
written and oral presented during the public hearing, adopt Resolution No. 6339,
upholding the Planning Commission's approval of Conditional Use Permit 12-10,
subject to conditions as proposed and as may be amended by the City Council.
The draft Resolution proposed by staff contains staff's recommended conditions
approval.
SUBMITTED BY: NOTED AND APPROVED:
Basham,' 1". Ingram, City Kt)ger
rector of Community Development
i im
Prepared by: Greg Hastings, Interim Director
Attachments:
A. City Council Resolution No. 6339
B. Appeal of Kurt Schulzman and Richard Ned Received October 15, 2012
C. Planning Commission Resolution No. 12-20
D. Planning Commission Minutes of October 3, 2012
E. Planning Commission Staff Report Dated October 3, 2012
F. Correspondence Received by Planning Commission
G. Documents Submitted by Property Owner Subsequent to October 15, 2012
Appeal
H. Project Plans for 413 Ocean Avenue
Page 4
Attachment A
City council
Resolution No. 6339
RESOLUTION NUMBER
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING RENTING OF THE RESIDENTIAL UNITS
LOCATED AT 413 OCEAN AVENUE FOR TERMS OF LESS
THAN 30 DAYS(CONDITIONAL USE PERMIT NO. 12-20)
THE SEAL BEACH CITY COUNCIL DOES HEREBY FIND AND RESOLVE:
Section 1. On July Q. 2O12. Lenore Gohmankovsky(the^opp|icant"or"property
owner") filed an application for Conditional Use Permit ("CUP") 12-10 with the
Department of Community Development.
Section 2. The applicant has requested o CUP to continue operating a short-
term vacation rental property at the property located at 413 Ocean Avenue (the
"subject property")which is within the Residential High Density (RHO'20)Zoning
District.
Section 3. Pursuant to 14 Calif. Code nfRegs. Section 15303. the City has
determined that the application for CUP 12-10 for short-term renting of the
subject property is categorically exempt from review under the California
Environmental Quality Act.
Section 4. A duly noticed public hearing was held before the Planning
Commission on October 3. 2012 to consider the application for CUP 12'1O. After
considering written and oral evidence at the public hearing, the Planning
Commission adopted Planning Commission Resolution No. 12-30 approving a
conditional use permit for the use. Kurt Schu|zman and Richard Ned appealed
the Commission's decision.
Section 5. A duly noticed public hearing was held before the City Council on
December 10. 2012 to consider the appeal. The Council considered oral and
written evidence. The record nf the public hearing indicates the following:
a. On July A, 2012, the applicant filed on application for CUP (CUP
12-1O) Vocontinue operating a short-term vacation nanbai property
ai413 Ocean Avenue,
b. The subject property is located within the area commonly known as
^0d Town" within the Residential High Density (RHO'20) Zoning
District.
C. The subject is described as Orange County aoaeyyo/a
parcel # 190-148-13; is 25-0y x 110'-9' in size; and comprises
2.75O square feet inarea.
d. Surrounding land uses and zoning are anfollows:
NORTH: Single and multi-family residences within the Residential
High Density(RH0'2O)zone.
SOUTH: Single family residences within the Residential Low Density
(RLD-9)zona.
WEST: Single and multi-family residences within the Residential
High Density(RHD-20)zone.
EAST: Single and multi-family residences within the Residential High
Density(RHO-2O)zone.
Resolution Number 83%Q
n. The property is developed with ekwo-sbory, three-bedroom main
dwelling at the front of the propedy, and o dotaohad, two-story
structure at the rear of the property with two m|ng|o'uorgansgea
comprising the ground floor and a one-bedroom dwelling
comprising the second floor.
[ Both units on the property have been used as short-term vacation
rentals since at least 2007. and there are no police reports
indicating that such use has created any detrimental impacts onthe
neighborhood such ao excessive noise,crime, orlittering.
Q. To manage the use of the subject property, the property owner
employs a manager who lives in Seal Beach.
Section 6. Based upon the facts contained in the nacord, including those
stated in Section 5 of this resolution and pursuant tothe Seal Beach Municipal
Code, the City Council hereby finds:
o. The use, ao conditioned herein, |s 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. The use ia also consistent with the remaining elements of the City's
General Plan, aa the policies of those elements are consistent with,
and reflected in,the Land Use Element,
C. The use is permitted within the applicable zoning diathot, subject to
the approval of a CUP. The property is located within the
Residential High Density (RHD-20) zone, which permits multiple
family residences and the leasing of such residences.
d. As conditioned hevoin, the use will comply with all other applicable
provisions of the Municipal Code.
a. The subject property iu physically adequate for the type, dansih/,
and intensity of the use, including the provision of services and the
absence of physical constraints. The property is physically
adequate for the existing structures, and the infrastructure for the
area iu fully developed.
f. The |ocmUon, size, deaiQn, and operating nhareubahahoo of the use
will be compatible with and will not adversely affect uses and
properties in the surrounding neighborhood. The property is
surrounded by other residential uses, and the renting of the subject
property on a short-term basis since at least 2007 has not
adversely affected uses and properties in the neighborhood.
g. The estob|ishment, maintenance, or operation of the use at the
location proposed will not badetrimental to the hea|Nh, safety, or
welfare of paanno residing or working in the vicinity of the use.
The renting of the subject property on oahmrt-temo basis since at
least 2OO7 has not been detrimental ho the health, safety, nr welfare
of persons residing nr working in the vicinity of the use.
Section 7. Based upon the foregoing, the Qb/ Council hereby upholds the
Planning Commission's decision approving CUP 12-10 for the utilization of both
dwelling units as short-term vacation rentals at 413 Ocean Avenue, subject to the
following conditions:
1. The applicant aho|| comply with all requirements mnumonobad within
Ordinance Number 1824.
3. The property owner must maintain a business license while operating a
short-term vacation rental at the subject property.
Resolution Number 8339
3. The property owner must continue to fi|m the Transient Occupancy Tax
Remittance form with the City's Department of Finance as long asovacation
rental is operated at the subject property and shall pay the Transient
Occupancy Tax in accordance with the Seal Beach Municipal Code.
4. There shall beno more than a total uf two overnight guests per bedroom in
either vacation rental unit, for maximum occupancy of six total overnight
guests(four adults plus two children under the age of 19)in the front, three-
bedroom unit and a maximum occupancy of two total overnight guests in the
rear,one bedroom unit.
5. The property owner shall implement and conform to fire and life safety
requinemenha, as required by the Orange County Fire Authority and the
City's Building Division.
0. The property owner ohoU comply with the annual fire and life safety
certification procedures of the Orange County Fire Authority.
7. First-day arrival eta vacation rental is prohibited after 9:3Opm. All lease or
rental agreements must include this prohibition.
8. The two single-car garages shall remain free and clear of any and all
obstructions that may preclude occupants from utilizing the garage spaces
for parking and mhe|| remain available for any occupants to use for parking
vehicle. No parking of vehicles, outside of the gmnago, mhoU be allowed in
the required rear yard setback area.
A. Occupants must vacate the unit before noon on their final day oftenancy.
10. Prior ho occupancy ofn short-term vacation rental unit,the owner shall:
n) Obtain the neme, addrena, and a copy of a valid government
identification of the primary adult occupant of the short-term vacation
rental;and
b) Require the primary adult occupant to execute o formal
acknowledgment that haor she ia legally responsible for compliance
with all applicable |aws, m|ae, and regulations pertaining to the use
and occupancy of the short-term vacation rental by all occupants of
the short-term vacation rental or their guests. The acknowledgment
must include the text of Section of 7.46.010 of the Geo| Beach
Municipal Coda. This information and acknowledgment uhoU be
maintained by the property owner for a period of three years and shall
be readily available upon request of any police officer or authorized
employee of the City.
11. Trash and refuse must not be |oft 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 owner or property manager
must provide sufficient booh collection containers and service hu meet the
demand of the occupants.
12. Each new lease or man1o| agreement for a short-term vacation rental must
have a copy mf these Permit and Operational Requirements attached to it
and must include the following 0anna, nohfiootion*, and diadouureo, which
shall be posted|ne 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 Codo, including but not
Resolution Number 6339
limited to amplified sound, including radios, televaiono, and other
electronic davces, that oneaho a disturbance in violation of Chapter
7.45ofthe Seal Beach Municipal Code.
o) Notification that the occupant participate voluntarily in neighborhood
quiet hours by avoiding parties and loud ooue| events between the
hours of10:OOp.m.and 7:OOa.m.
d) The name of the owner cx property manager and o telephone number
a1 which that party may ba reached at all times.
13. The property owner or manager must provide the City with a phone number
at which haor she can be contacted onm24-hour basis regarding nuisance
complaints oha|ng from the use of the property as a short-term vacation
rental. The property owner or manager must also provide the owners ofthe
immediately adjacent properties with this phone number am well aoa copy of
this resolution.
14. A list shall ba posted on the inside wall next to the door of the main entrance
to the vacation rental unit indicating the names of all guests and visitors
authorized by the property owners hn occupy or visit the unit. The list shall
be made amcannib|a to any )ow enforcement official to ascertain who in
authorized tobe within the premises.
15. Upon any change in ownership of the pnop*dy, the new property owneqs)
are subject to all conditions listed under CUP 12-10. unless the new property
owner(s) elect to discontinue the use of the property as a short-term
vacation rental. The new property mwner(n) shall notify the City ofSeat
Beach of the ownership change and whether or not they are electing to
continue the use oeo short-term vacation rental.
18. No trash disposal activities may occur between the hours uf1O:00p.m. and
7:OOam.
17. A "No Parking" sign shall be posted on the gannQm facing the alley.
However, no business signageshall be allowed on the premises for the
short-term vacation rental use.
18. The occupants of the property shall comply with Chapter 7.15, "Noise"of the
Seal Beach Municipal Code, as the regulations of that Chapter now exist or
may hereafter baamended. Should complaints be received regarding noise
generated by the establishment, the Planning Commission reserves the right
to schedule this permit for raonnmidensUun and may require the
applicant/business operator to mitigate the noise level to comply with the
provisions of Chapter 7.15.
10. The property owner, tenants, licensees, invitees and visitors shall not violate
any of the terms and conditions of this Resolution. This CUP may be
modified or revoked pursuant to the provisions of the Municipal Code based
on any or all of the following grounds: (1) any violation of any of these
conditions of approval; (2) use of the property in e manner that create
substantial adverse impacts on neighboring uses or Police Department
Services; or (3) any grounds for modification mrrevocation specified in the
Municipal Code.
20. The property owner shall not substantially change the mode or character of
operations of the une, or change the number of bedrooms or significantly
change the interior layout ofthe units without the City's prior approval of
modification of this CUP.
21. This CUP shall become null and void unless exercised within one year ufthe
date of final appnovn|, or such extension of time as may be granted by the
Resolution Number 033S
Planning Commission pursuant tom written request for extension submitted
ho the Department of Community Development m minimum ofQ0 days prior
bo such expiration date.
22. This CUP uhm!| not become effective for any purpose unless/until m City
"Acceptance of Conditions" form has been signed by the applicant in the
presence of the Director of Community Dova|opment, or notarized and
returned 0o the Planning Division; and until the 10 calendar-day appeal
period has elapsed.
23. The property owner nhoU indemnify, defend and hold harmless Cihy. its
officers, agents and employees (collectively "the City" hereinafter)from any
and all claims and losses whatsoever occurring or resulting to any and all
per-sons, firms, or corporations furnishing or supplying work, eemices,
matado|e, 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 ufor the exercise nfthe
rights permitted by this CUP. and from any and all claims and losses
occurring or resulting to any person, finn, corporation or property for
damage, injury or death arising out ofor connected with the performance of
the use permitted hereby. Applicant's obligation ho indemnify, defend and
hold harmless the City an stated hnnm|n shall include, but not be limited ho,
paying all hyea and costs incurred by |eUn| counsel of the City's choice in
representing the City in connection with any such claims, losses, lawsuits nr
acUons, export witness fmes, and any award of damages, judgments,
verdicts,court costs orottornnys'feooin any such lawsuit oraction.
24. The outdoor patio shall remain gated.
Section 8. Section 1D04.Muf the California Code of Procedure and Seal Beach
Municipal Coda Section 1.20.015 govern the time within which judicial review, if
available, of the City Council's decision must be ouught, unless o shorter time is
provided by other applicable law.
PASSED. APPROVED and ADOPTED by the Seal Beach O|h/ Council at a
regular meeting held onthe iDth day of{December,_2Di2by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA )
COUNTY OFORANGE ) SS
CITY OF SEAL BEACH \
|. Linde Devine, Qh/ Clerk of the City of Goo| Beaoh, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6339 on fi|a in
the office of the City Clerk, passed, approved, and adopted by the City Council at
a regular meeting held on the_10th_ dmyuf_1December.2012.
City Clerk
Attachment B
Appeal Application of Kurt Schulzman
and Richard Ned
Received October 15, 2012
5EAL RECEIVED
APPEAL APPLICATION OCT t 5 2012
TO CITY COUNCIL CITY CLERK
CITY OF SEAL BEACH
For Office Use Only
Planning Commission Date: 10L&"3 //--i, Planning Comm. Resolution No.: �c�20
Planning Commission Action: Approval Denial Other
Date Appeal Filed: /0.&542- City Council Date:
Notice Date:
City Council Action: Resolution No.:
1. Property Address:
2. Applicant's Name:
Address: Y
fl
Work Phone: '7z-/4' Mobile: ?70 xlo v
Home Phone: (: L I<tq - gc.flli FAX: (
3. Property Owner's Name: &A7er. X42-0&4e 4- XIdA60W
Address: /Iso 42—ct4"x— Am:-' ,4-Lrl <-- Af tq-��P '
Home Phone:,aA )±f_]g;F5256
4. The undersigned hereby appeals the following described action of the Seal Beach
Planning Commission concerning Public Hearing No.
Attach a statement that explains in detail why the decision of the Planning Commission is
being appealed, the specific conditions of approval being appealed, and include your
statements indicating where the Planning Commission may be in error or must provide
extenuating circumstances that the appellant contends would justify reversal or
modification of the decision. (Municipal Code§1.20.006.D. Appeal Contents)
(SI n t ire_of Applicant) (Signatur of or)
6 ,Woo
(Print Name) (Print Name)
(Date) (Date)
Appeal of City of Seal Beach Planning Commission Resolution Number 12-20,
October 3, 2012
Conditional Use Permit 12-10, 413 Ocean Avenue
This statement explains in detail why the decision of the Seal Beach Planning
Commission to grant a Conditional Use Permit (CUP) allowing the residential
property located at 413 Ocean Avenue to be used for commercial purposes as a
short-term vacation rental property within an established residential zone was
made in error. We, the undersigned residents of Seal Beach, respectfully request
that the Planning Commission reconsider this decision and, after reviewing the
concerns stated herein, reverse the decision and rescind the CUP for this location.
We sincerely believe that those attending the Planning Commission meeting when
this permit was approved did not fully understand the importance of submitting
concerns prior to the meeting. We trust that this document will serve the purpose
of informing the Commissioners of the valid reasons why this use should not be
permitted. Below please find a list of specific concerns in support of this appeal.
Concern # 1. Parking
There is inadequate parking to support this use and there is not sufficient space on
the site to mitigate this condition. This assertion is supported by the staff report
presented to the Commission, which states that there are "constraints with the
amount of off-street parking provided."
Parking for full-time residents of this area and their occasional guests is always a
challenge as on-street parking is very limited and off-street parking for many of the
properties is non-conforming and inadequate by contemporary standards. Any
high-impact parking use exacerbates the challenging parking situation and has an
adverse impact on the neighborhood.
Concern #2. Intensity of Use
The City Staff also noted that the property "is non-conforming due to a substandard
rear yard setback, inadequate off-street parking, and exceeding the allowable
density." In addition to this second reference in the Staff report to inadequate off-
street parking, the Staff observation that the subject property exceeds allowable
density should preclude permitting an occupancy load of eight unrelated persons.
We would ask the Commissioners to consider the intense impact on neighbors'
ability to enjoy quiet use of their homes and private yards if wave after wave of
eight unrelated adults, on vacation, with no personal, moral, or civic attachment to
the neighborhood, occupy the subject premises while on vacation and decide to
have an outdoor barbecue, reception, yard party, or indoor cocktail party.
Excessive noise, parking impact, smoke, and related fallout from this intense level
of human occupancy is not acceptable in this residential neighborhood. We would
ask the Commissioners to consider how they might be impacted if this use were
permitted next door to their current places of residence. This intense, constant
Iof3
activity would never be tolerated in Leisure World or within the quiet cul-de-sacs of
The Hill or any of the other Planned Unit Development areas of our fine City. This is
why short-term vacation rentals are not permitted in any other district. The subject
property is located in a unique area of Old Town Seal Beach, often referred to as
the Gold Coast. Many of the most valuable and architecturally significant single
family residences in the City are located within this Gold Coast area, Residents of
this special part of Seal Beach enjoy a quiet, neighborhood ambiance that is
incompatible with short-term vacation rentals.
Concern #3. Conflicting Findings within the Staff Report
The staff report describes the non-conforming nature of the subject property,
specifically using the term "not adequate" in its description of the property and then
claims that this non-conforming, not adequate site Is adequate for the permitted
use. The property cannot be both adequate and not adequate at the same time.
We support the City Staff finding that the property is not adequate and, therefore,
the CUP should not be granted.
Concern #4. The Site is Not Physically Adequate for the Type, Density, and
Intensity of the Permitted Use.
Because of poor sound insulation, nonconforming setbacks, old single-glazed
windows, exposed balcony, absence of adequate sound walls or other noise
mitigation features, it is not possible for adjacent neighbors to enjoy reasonable
quiet use of their property if the subject property is used as allowed under the
terms of the CUP.
Concern #5. The Proposed Use will be Detrimental to the Health, Safety and
Welfare of Persons Residing in the Vicinity.
This neighborhood is a quiet, established residential area with many long-time,
older residents who live in this area because of the quality of life, peace and quiet,
and sense of neighborhood connection. People know their neighbors, watch out for
one another, and monitor activity to help local law enforcement maintain a safe and
secure ambiance.
The owners of the subject property conduct a psychological counseling business in
another community and advertise Substance Abuse & Dependence and Qualified
Substance Abuse Professional Services. In the recent past, transient renters at the
subject property have included high-profile individuals who, as part of their
personal drug/alcohol recovery issues, have resided in the subject property as
transient renters, bringing with them security details, celebrity-seeking press
photographers, and there have been cars arriving and leaving the area around the
subject premises at all hours of the day and night.
Excessive noise, constant comings and goings, activities uncharacteristic for the
neighborhood including screaming children, loud verbal altercations, cigarette and
cigar smoke, and fumes from barbecues, have made it impossible for neighbors to
enjoy quiet use of their property.
2 of 3
The permitted use has been a cause for increased anxiety and vigilance among
neighbors who are willing to sign statements that they have lost steep, felt
uncomfortable being outdoors or walking, and have experienced heightened
anxiety, and have felt the need to exercise increased vigilance as a result of activity
on and about this property,
Concern #6. This Use Places an Unreasonable Burden on Neighbors to Provide
Surveillance and to Report Problems to Authorities.
We have been advised to report any unlawful activity to the police or to call our
local Council Member if we experience problems with the subject property. We are
residents of this neighborhood, not law enforcement or code enforcement
professionals and while we are attentive, engaged, and watchful in our homes and
surroundings, this use should not impose upon us the responsibility or burden of
monitoring a commercial use for compliance with laws and conditions of use. We
are also concerned that any reports we might make could result in retaliation by
persons who are transient and not known to us.
It is incumbent upon City officials, including law enforcement, zoning enforcement,
fire inspectors, and health inspectors, to actively monitor the use to assure that the
various conditions, such as limited hours for trash removal, garage availability for
off-street parking, and requirements for quiet use are in compliance at all times.
Absent the City's willingness to actively and consistently monitor the use during
various times of day and days of the week, the burden for monitoring and reporting
violations unfairly falls to local residents who have a reasonable expectation of
enjoying quiet use of their properties without having to constantly monitor the
conditions of use of the subject property.
We implore our fellow citizens who so kindly serve on the Planning Commission to
"walk a mile in our shoes." Despite our'live and let live' philosophy, we undertook
the time, effort, and considerable expense of preparing this appeal because we
sincerely believe the Commission was not aware of all the extenuating
circumstances that preclude approval of this use.
Once again, we respectfully request that this decision .be reconsidered and that this
CUP not be allowed. Thank you for your time and consideration.
Sincerely,
Kurt Schulzman Richard Ned
410 Ocean Avenue 4�.0 Ocean Avenue
Seal Beach, CA Seal Beach, CA
October 12, 2012 O+ tober 12, 2012
3 of 3
Attachment C
Planning Commission
Resolution No. 12-20
RESOLUTION NUMBER 12-20
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
APPROVING CONDITIONAL USE PERMIT 12-10,
TO ALLOW A SHORT-TERM VACATION RENTAL
PROPERTY, WITHIN THE RESIDENTIAL HIGH
DENSITY (RHD-20) ZONE AT 413 OCEAN
AVENUE , SEAL BEACH
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On July 9, 2012, Lenore Schwankovsky ("the applicant") filed an
application for Conditional Use Permit (CLIP) 12-10 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 413
Ocean Avenue,
Section 3. Pursuant to 14 Calif. Code of Regs. § 15303, staff has determined
as follows: The application for Conditional Use Permit 1210 for the requested land use
entitlement for a proposed short-term vacation rental property is categorically exempt
from review pursuant to the California Environmental Quality Act.
Section 4. A duly noticed public hearing was held before the Planning
Commission on October 3, 2012, to consider the application for Conditional Use Permit
12-10. 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 October 3, 2012 indicates the
following.
a. On July 9, 2012, the applicant filed an application for Conditional Use
Permit 12-10 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 413 Ocean
Avenue.
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 subject property is located within the area commonly known as "Old
Town".
e. The subject property is described as Orange County assessor's parcel #
199-148-13; is 25'-0"x 110'-0" in size; and comprises 2,750 square feet in area.
f. Surrounding land uses and zoning are as follows:
NORTH: Single and multi-family residences within the
Residential High Density (RHD-20) zone.
SOUTH: Single family residences within the Residential Low
Density (RLD-9) zone.
WEST: Single and multi-family residences within the
Residential High Density (RHD-20) zone.
EAST: Single and multi-family residences within the
Residential High Density (RHD-20) zone.
91 As of September 26, 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 Commission makes the
following findings:
a. CUP 12-10, 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 12-10 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 12-10, subject to the following conditions:
1. Conditional Use Permit 12-10 is approved for the operation of a short-term
vacation rental within the Residential High Density (RHD-20) zone at 413 Ocean
Avenue,
2. This Conditional Use Permit authorizes the utilization of both dwelling units on
the property as short-term vacation rentals.
3. The applicant shall hereby comply with all requirements enumerated within
Interim Ordinance Number 1619-U (for as long as this ordinance is in effect or is
superseded by a subsequent ordinance) as well as all requirements of Section
11.4.06.136 of the Seal Beach Municipal Code, regarding short-term vacation
rental properties.
4. The property owner must maintain a business license while operating a short-
term vacation rental at the subject premises.
5. The property owner 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,
6. Visitor occupancy shall be limited to a maximum stay of 29 consecutive days.
7. There shall be no more than a total of two overnight guests per bedroom in either
vacation rental unit, for a maximum occupancy of six (6) total overnight guests (4
adults plus two children under the age of 19) in the front, three bedroom unit and
a maximum occupancy of two (2) total overnight guests in the rear, one bedroom
unit.
8. The property owner shall implement and conform to 'fire and life safety
requirements, as required by the Orange County Fire Authority and the City's
Building Division.
9. The property owner shall comply with the annual fire and life safety certification
procedures of the Orange County Fire Authority.
10. First-day arrival at a vacation rental is prohibited after 9:30 p.m. All lease or
rental agreements must include this prohibition.
11. The two, single-car garages shall remain free and clear of any and all
obstructions that may preclude occupants from utilizing the garage spaces for
parking and shall remain available for any occupants to use for parking vehicle.
No parking of vehicles, outside of the garage, shall be allowed in the required
rear yard setback area.
12. Occupants must vacate the unit before noon on their final day of tenancy.
13. Prior to occupancy of a short-term vacation rental unit, the owner shall: a.) Obtain
the name, address, and a copy of a valid government identification of the
primary adult occupant of the short-term vacation rental; b.) Require the primary
adult occupant to execute a formal acknowledgment that he or she is legally
responsible for compliance with all applicable laws, rules, and regulations
pertaining to the use and occupancy of the short-term vacation rental by all
occupants of the short-term vacation rental or their guests. The acknowledgment
must include the text of Section of 7.45.010 of the Seal Beach Municipal Code.
This information and acknowledgment shall be maintained by the property owner
for a period of three years and shall be readily available upon request of any
police officer or authorized employee of the City.
14. 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 owner or property manager must provide
sufficient trash collection containers and service to meet the demand of the
occupants.
15. 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 7.46 of the Seal
Beach Municipal Code,
c. Notification 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.
d. The name of the owner or property manager and a telephone number at
which that party may be reached at all times.
16. 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 from the use of the property as a short-term vacation rental.
The property owner or manager must also provide the owners of the immediately
adjacent properties with this phone number as well as a copy of this resolution.
17. A list shall be posted on the inside wall next to the door of the main entrance to
the 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.
18. Upon any change in ownership of the property, the new property owner(s) are
subject to all conditions listed under CUP 12-10, unless the new property
owner(s) elect to discontinue the use of the property as a short-term vacation
rental. The new property owner(s) shall notify the City of Seal Beach of the
ownership change and whether or not they are electing to continue the use as a
short-term vacation rental.
19. No trash disposal activities may occur between the hours of 10:00 P.M. and 7:00
A.M.
20. A "No Parking" sign shall be posted on the garage facing the alley. However, no
business signage shall be allowed on the premises for the short-term vacation
rental use.
21. The occupants of the property shall comply with Chapter 7.16, "Noise" of the 9 Ut
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/business
operator to mitigate the noise level to comply with the provisions of Chapter 7.15.
22. 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.
23. 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,
24. 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.
25, 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.
26. The applicant 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.
27, The outdoor patio shall remain gated.
28. 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 3d day of October, 2012, by the
following vote:
AYES: Cummings, Everson, Galbreath, Goldberg, Massa-Lavitt
Commissioners
NOES:
Commissioners
ABSTAIN:
Commissioners
ABSENT:
Commissioners
Sandra Massa-Lavitt
Chairwoman of the Planning Commission
Greg Hastings V
Interim Secretary of the Planning Commission
I
Attachment D
Planning Commission Minutes of
October 3, 2012
-5EA( ''
Nk ry
DEPARTMENT
COMMUNITY DEVELOPMENT
q<r�onN.•
MINUTE EXCERPT
City of Seal Beach - Planning Commission
October 3, 2012
Chair Massa-Lavitt called the regular meeting of the Planning Commission to order at
7:30 p.m. in the City Council Chambers and Commissioner Everson lead the Salute to
the Flag.
ROLL CALL
Present: Chair Massa-Lavitt;
Commissioners: Cummings, Everson, Galbreath, Goldberg
Staff Present: Greg Hastings, Interim Director of Community Development
Jerry Olivera, Senior Planner
Steven Flower, Assistant City Attorney
Linda Devine, City Clerk
APPROVAL OF AGENDA
With no objections, Chair Massa-Lavitt so ordered the approval of the agenda.
PUBLIC HEARINGS
2. Conditional Use Permit 12-10 Property: 413 Ocean Avenue
Applicant: Lenore Schwankovsky
Owner: Lenore Schwankovsky
Request: For a Conditional Use Permit (CUP) to allow a short-term vacation
rental property within the Residential High Density (RHD-20) zone
at 413 Ocean Avenue.
Recommendation: Approve CUP 12-10, subject to conditions
The Senior Planner provided the staff report: The subject property has a two-story,
three bedroom main dwelling at the front of the property and a detached one bedroom
dwelling above the two single car garages — due to non-conforming rear yard setback
there is not adequate space to park a standard size car within the area between the
garage and the rear property line — it is requested that both dwelling units be authorized
as short-term vacation rental units — utilized as short-term rentals since 2007.
Chair Massa-Lavitt opened the public hearing. Speakers: Lenore Schwankovsky
applicants/owner - provided background information regarding the existing rentals —
guideline for renters are posted in both units — units are only rented short-term during
the summer months; Melissa Gomez, American Realty Brokers — property manager,
spoke on behalf of the owner (resides in Seal Beach); 4 speakers expressed their
support for the CUP; 10 speakers stated their oppositions to the CUP being approved;
Lenore Schwankovsky responded to the comments indicating that the statements made
were generalized — responded that they will comply to all conditions of the CUP.
After the Commissioners deliberated and received clarification, the following
amendments were made:
• Condition #7 — change the number of guests — maximum of 4 adults and 2
children under the age of 19 for the front unit;
• Condition #11 — add —no parking allowed at the rear property line;
• Condition #20 — add — "No Parking" sign must be posted at the rear of the
property (alley side);
• Condition #27— change to Condition #28; and
• Add new Condition #27 — Outdoor patio must be gated.
There were no other speakers or Cornrnission comments.
Everson moved, second by Cummings, to adopt Planning Commission Resolution No.
12-20 approving Conditional Use Permit 12-10, as amended.
AYES: Cummings, Everson, Galbreath, Goldberg, Massa-Lavitt
NOES: None Motion Carried
The Assistant City Attorney advised that the approval of Conditional Use Permit 12-10
and adoption of Resolution No. 12-20 begins a 10-day appeal period to the City Council.
The Commission action tonight is final and the appeal period begins tomorrow morning.
STATE OF CALIFORNIA )
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 above is a true and correct copy of the minute order on file in the Office of the City
Clerk, passed, approved, and adopted by the Planning Commission of the City of Seal
Beach at a regular meeting held on October 17, 2012.
Linda Devine, City Clerk
City of Seal Beach
Page 2
Attachment E
Planning commission Staff Report
Gated October 3, 2012
October 3, 2012
STAFF REPORT
To: Honorable Chairwoman and Planning Commission
From: Department of Community Development
Subject: Conditional Use Permit 12-10
413 Ocean Avenue
GENERAL DESCRIPTION I
Applicant: LENORE SCHWANKOVSKY
Owner: LENORE SCHWANKOVSKY
Location: 413 OCEAN AVENUE
Classification of RHD-20(RESIDENTIAL HIGH DENSITY)
Property:
Request: FOR A CONDITIONAL USE PERMIT (CUP)TO ALLOW A SHORT-
TERM VACATION RENTAL PROPERTY WITHIN THE RESIDENTIAL
HIGH DENSITY(RHD-20)ZONE.
Environmental Review: THE PROPOSED PROJECT IS CATEGORICALLY EXEMPT FROM
ENVIRONMENTAL REVIEW, PURSUANT TO CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES,
SECTION 16303, NEW CONSTRUCTION OR CONVERSION OF
SMALL STRUCTURES.
Code Sections: CHAPTERS 11.2.06; 11.4.06.135; AND 11.5.20 OF THE§LAL
BEACH MUNICIPAL CODE
Recommendation: APPROVE CUP 1240, SUBJECT TO CONDITIONS. APPROVAL
SHOULD BE THROUGH THE ADOPTION OF PLANNING
COMMISSION RESOLUTION 12-20.
ZXConditional Use Permlts\CUP 413 Ocean Avenue(Vacation Rental)\CUP 12-10 413 Ocean Avenue PC Staff Report.doe
Planning Commission Staff Report
Conditional Use Permit 12-10
443 Ocean Avenue
October 3, 2012
FACTS
❑ On July 9, 2012, Lenore Schwankovsky ("the applicant") filed an application with
the Department of Community Development for Conditional Use Permit 12-10 for
a short-term vacation rental property at 413 Ocean Avenue.
❑ The property is nonconforming due to a substandard rear yard setback,
inadequate off-street parking, and exceeding the allowable density- two existing
dwelling units on a lot where only one would be allowed per the current zoning
code.
❑ The Municipal Code allows short-term vacation rentals within the RHD-20 zone,
subject to conditional use permit approval.
❑ 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.
❑ The subject property is described as Orange County assessor's parcel # 199-
148-13; is 25'-0" x 110'-0" in size; and comprises 2,750 square feet in area.
❑ The surrounding land use and zoning are as follows:
NORTH: Single and multi-family residences in the Residential High
Density (RHD-20) zone.
SOUTH: Single family residences in the Residential Low Density
(RLD-9) zone.
EAST: Single and multi-family residences in the Residential High
Density (RHD-20) zone.
WEST: Single and multi-family residences in the Residential High
Density (RHD-20) zone.
• The subject property is presently developed with a two-story, three bedroom
main dwelling towards the front of the property, and a detached, two-story
structure at the rear of the property with two single-car garages comprising the
ground floor and a one bedroom dwelling comprising the second floor.
• Due to the nonconforming rear yard setback, there is not adequate space to park
a standard sized automobile within the area between the garage and the rear
property line.
❑ The property has been utilized as a short-term vacation rental property since at
least 2007.
❑ As of September 26, 2012, Staff has received no correspondence in response to
the hearing notices that were mailed out and published for the proposed project.
2
Planning Commission Staff Report
Conditional Use Permit 12-10
413 Ocean Avenue
October 3, 2012
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
accommodations.
There are presently twenty-three licensed vacation rental properties within the City.
Sixteen of these vacation rental properties are located on the streets closest to the
beach — Ocean Avenue and Seal Way, All existing, licensed vacation rental properties
began operating as vacation rentals prior to the adoption of Title 11, the Zoning Code.
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 City Council approved this requirement as part of the October
25, 2010 adoption of current provisions, of Title 11. 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.
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
adopted an interiin 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,
detached duplex at 413 Ocean Avenue.
3
Planning Commission Staff Report
Conditional Use Permit 12-10
413 Ocean Avenue
October 3, 2012
DISCUSSION
The purpose of requiring a CUP for a particular use Is to allow for special consideration
to ensure that the use can be designed, located, and operated in a manner that will be
compatible with surrounding uses and not interfere with the use and enjoyment of
properties in the vicinity.
Pursuant to the requirements of the Municipal Code, the Planning Commission can only
approve a CUP If it finds, based upon evidence presented at the hearing, that the
proposal as submitted, or as modified, conforms to all of the following criteria as well as
to any other special findings required for approval of use permits in specific zoning
districts:
1. The proposal is consistent with the General Plan and with any other
applicable plan adopted by the City Council;
2. The proposed use is allowed within the applicable zoning district with use
permit approval and complies with all other applicable provisions of the
Municipal Code;
3, The site is physically adequate for the type, density and intensity of use
being proposed, including provision of services, and the absence of
physical constraints;
4. The location, size, design, and operating characteristics of the proposed
use will be compatible with and will not adversely affect uses and
properties in the surrounding neighborhood; and
5. The establishment, maintenance, or operation of the proposed use at the
location proposed will not be detrimental to the health, safety, or welfare
of persons residing or working in the vicinity of the proposed use.
When the City Council passed Ordinance No. 1619-U in May 2012, specific regulations
for short-term vacation rental properties that were previously enumerated within Title
11, were amended to include additional requirements such as: Prohibiting vacation
rental properties outside of the Old Town area (Planning Area I excepting Surfside);
check-in and check-out times; certain lease terms; the requirement of an on-site
manager for vacation rental properties in excess of two units; etc.
Based on the site plan and floor plan submitted by the applicant, staff recommends that
occupancy be limited to not more than six total guests for the main house and not more
than two total guests for the rear unit, primarily because of the size of the units and
constraints with the amount of off-street parking provided on the premises. The front
unit is comprised of three bedrooms; the rear unit Is comprised of one bedroom. There
are two, single-car garages available on the premises and staff is recommending that
4
Planning Commission Staff Report
Conditional Use Permit 12-10
413 Ocean Avenue
October 3, 2012
one garage be assigned to each rental unit. Staff also recommends that both garages
be kept free and clear of any obstructions that would prevent the occupants'
automobiles from utilizing the garages for parking at all times. This CUP would
authorize the utilization of both existing dwelling units on the property as short-term
vacation rental units.
Staff has no reason to believe that, if the property owner and potential vacation rental
tenants abide by all City laws, ordinances, and regulations, the establishment of a
vacation rental property at this location would not be compatible with the existing
development pattern and uses of the surrounding neighborhood. Staff further believes
that the recommended conditions of approval will prevent adverse impacts associated
with a vacation rental property from occurring, but in the unlikely event that they should
occur, the City, through the CUP, has a means of code enforcement up to and including
possible revocation of the CUP.
Based on the foregoing, staff believes that the requisite findings for approving a CUP
can be made in this case.
1. The proposal is consistent with the General Plan and Zoning Code, as
they allow the proposed use (short-term vacation rental) subject to
approval of a Conditional Use Permit. The conditions placed on the
subject request will ensure that the use is not likely to create adverse
noise and other land use impacts.
2. The site is physically adequate for the type, density and intensity of use
being proposed, including provision of services, and the absence of
physical constraints, because 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.
3. The location, size, design, and operating characteristics of the proposed
use would be compatible with and would not adversely affect uses and
properties in the surrounding neighborhood because of the conditions
placed on its operation.
4. The establishment, maintenance, or operation of the proposed use at the
location proposed will not be detrimental to the health, safety, or welfare
of persons residing or working in the vicinity of the proposed use.
RECOMMENDATION:
Staff recommends the Planning Commission, after considering all relevant testimony,
written and oral, presented during the public hearing, approve Conditional Use Permit
12-10, subject to conditions as proposed and as may be amended by the Planning
Commission.
5
Planning Commission Staff Report
Conditional Use Permit 92-9a
413 Ocean Avenue
October 3, 2012
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: October 3, 2012
c
J a Wera, AICP
nner, Department of Community Development
ji lor a I
Attachments:(3)
Attachment 1: Resolution No. 12-20, A Resolution of the Planning Commission
of the City of Seal Beach, approving Conditional Use Permit 12-
10, for the establishment of a short-term vacation rental
property, within the Residential High Density (RHD-20) zone at
413 Ocean Avenue, Seal Beach.
Attachment 2: Interim Ordinance Number 1619-U regarding short-term
vacation rental properties.
Attachment 3: Project Plans
6
Planning Commission Staff Report
Conditional Use Permit 12-10
413 Ocean Avenue
October 3, 2092
ATTACHMENT I
RESOLUTION NUMBER 12-20, A RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY
OF SEAL BEACH APPROVING CONDITIONAL
USE PERMIT 12-10, FOR THE ESTABLISHMENT
OF A SHORT-TERM VACATION RENTAL
PROPERTY, WITHIN THE RESIDENTIAL HIGH
DENSITY (RHD-20) ZONE AT 413 OCEAN
AVENUE, SEAL BEACH.
7
Planning Commission Staff Report
Conditional Use Permit 12-10
413 Ocean Avenue
October 3, 2012
RESOLUTION NUMBER 1220
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
APPROVING CONDITIONAL USE PERMIT 12-10,
TO ALLOW A SHORT-TERM VACATION RENTAL
PROPERTY, WITHIN THE RESIDENTIAL HIGH
DENSITY (RHD-20) ZONE AT 413 OCEAN
AVENUE , SEALBEACH
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On July 9, 2012, Lenore Schwankovsky ("the applicant") filed an
application for Conditional Use Permit (CUP) 12-10 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 413
Ocean Avenue.
Section 3. Pursuant to 14 Calif. Code of Reds. € 15303, staff has determined
as follows: The application for Conditional Use Permit 12-10 for the requested land use
entitlement for a proposed short-term vacation rental property is categorically exempt
from review pursuant to the California Environmental Quality Act.
Section 4. A duly noticed public hearing was held before the Planning
Commission on October 3, 2012, to consider the application for Conditional Use Permit
12-10. 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 October 3, 2012 indicates the
following:
a. On July 9, 2012, the applicant filed an application for Conditional Use
Permit 12-10 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 413 Ocean
Avenue.
8
Planning Commission Staff Report
Conditional Use Permit 12-10
413 Ocoan Avenue
October 3, 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 subject property is located within the area commonly known as "Old
Town".
e. The subject property is described as Orange County assessor's parcel #
199148-13; is 25'-0" x 110'-0" in size; and comprises 2,760 square feet in area,
f. Surrounding land uses and zoning are as follows:
NORTH: Single and multi-family residences within the
Residential High Density (RHD-20) zone.
SOUTH: Single family residences within the Residential Low
Density(RLD-9) zone.
WEST: Single and multi-family residences within the
Residential High Density (RHD-20) zone.
EAST: Single and multi-family residences within the
Residential High Density (RHD-20) zone.
9. As of September 26, 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 Commission makes the
following findings:
a. CUP 12-10, 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 12-10 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
9
Planning Commission Staff Report
Conditional Use Permit 12-10
413 Ocean Avenue
October 3, 202
be conditioned, will comply with all other applicable provisions of the
Municipal Code;
cl. 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 12-10, subject to the following conditions:
1. Conditional Use Permit 12-10 is approved for the operation of a short-term
vacation rental within the Residential High Density (RHD-20) zone at 413 Ocean
Avenue,
2. This Conditional Use Permit authorizes the utilization of both dwelling units on
the property as short-term vacation rentals.
3. The applicant shall hereby comply with all requirements enumerated within
Interim Ordinance Number 1619-U (for as long as this ordinance is in effect or is
superseded by a Subsequent ordinance) as well as all requirements of Section
11.4.05.135 of the Seal Beach Municipal Code, regarding short-term vacation
rental properties.
4. The property owner must maintain a business license while operating a short-
term vacation rental at the subject premises.
5. The property owner 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.
6. Visitor occupancy shall be limited to a maximum stay of 29 consecutive days.
7. There shall be no more than a total of two overnight guests per bedroom in
either vacation rental unit, for a maximum occupancy of six (6) total overnight
guests in the front, three bedroom unit and a maximum occupancy of two (2)
total overnight guests in the rear, one bedroom unit.
10
Planning Commission Staff Report
Conditional Use Permit 12-10
413 Ocean Avenue
October 3, 2012
8. The property owner shall implement and conform to fire and life safety
requirements, as required by the Orange County Fire Authority and the City's
Building Division.
9, The property owner shall comply with the annual fire and life safety certification
procedures of the Orange County Fire Authority.
10. First-day arrival at a vacation rental is prohibited after 9:30 p.m. All lease or
rental agreements must include this prohibition.
11. The two, single-car garages shall remain free and clear of any and all
obstructions that may preclude occupants from utilizing the garage spaces for
parking and shall remain available for any occupants to use for parking vehicle,
12, Occupants must vacate the unit before noon on their final day of tenancy.
13, Prior to occupancy of a short-term vacation rental unit, the owner shall: a.)
Obtain the name, address, and a copy of a valid government identification of the
primary adult occupant of the short-term vacation rental; b.) Require the primary
adult occupant to execute a formal acknowledgment that he or she is legally
responsible for compliance with all applicable laws, rules, and regulations
pertaining to the use and occupancy of the short-term vacation rental by all
occupants of the short-term vacation rental or their guests. The
acknowledgment must include the text of Section of 7.45.010 of the Seal Beach
Municipal Code. This information and acknowledgment shall be maintained by
the property owner for a period of three years and shall be readily available upon
request of any police officer or authorized employee of the City.
14. 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 owner or property manager must provide
sufficient trash collection containers and service to meet the demand of the
occupants.
15. 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
I1
Planning Commission Staff Report
Conditional Use Pernik 12-10
413 Ocean Avenue
October 3, 2012
devices, that create a disturbance in violation of Chapter 7.45 of the Seal
Beach Municipal Code.
c. Notification 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.
d. The name of the owner or property manager and a telephone number at
which that party may be reached at all times.
16. 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 from the use of the property as a short-term vacation rental,
The property owner or manager must also provide the owners of the immediately
adjacent properties with this phone number as well as a copy of this resolution.
17. A list shall be posted on the inside wall next to the door of the main entrance to
the 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.
18, Upon any change in ownership of the property, the new property owner(s) are
subject to all conditions listed under CUP 12-10, unless the new property
owner(s) elect to discontinue the use of the property as a short-term vacation
rental. The new property owner(s) shall notify the City of Seal Beach of the
ownership change and whether or not they are electing to continue the use as a
short-term vacation rental.
19. No trash disposal activities may occur between the hours of 10:00 P.M. and 7:00
A.M.
20, No business signage shall be allowed on the premises for the short4erm
vacation rental use.
21. The occupants of the property shall comply With Chapter 7.15, "Noise" of the C t
of Seal Beach -Municival 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/business
operator to mitigate the noise level to comply with the provisions of Chapter 7.16.
22. 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
12
Planning Commission Staff Report
Conditional Use Permit 12-10
413 Ocean Avenue
October 3, 2012
Planning Commission to modify any of the conditions of approval, up to and
including the revocation of this Conditional Use Permit.
23. 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.
24, 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,
25, 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.
26. The applicant 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.
27. 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:
13
Planning Commission Staff Report
Conditional Use Permit 12-10
413 Ocean Avenue
October 3, 2012
AYES:
Commissioners
ABSTAIN:
Commissioners
ABSENT:
Commissioners
Sandra Massa-Lavitt
Chairwoman of the Planning Commission
Greg Hastings
Interim Secretary of the Planning Commission
14
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 RENTAL'S AND DECLARING THE
URGENCY THEREOF
' THE CITY COUNCIL OF THE CITY OF SEAL BEACH HEREBY ORDAINS AS
FOLLOWS.
Section 1. Ordinance Number 11318-U. On April S, 2412, the Seat
Beach City Council adopted Ordinance Number 1818-U, imposing new Interim
regulations on new and existing vacation rentals. This Ordinance extends and
amends the Interim regulations for new and existing vacation rentals established
by Ordinance Number 1618-U.
Section 2. Interim Reoulations, Notwithstanding any other ordinance or
provision of the Municipal Code, 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 Ordinance.
Section S. Terre, This Ordinance shall expire, 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 hearing pursuant to California Government Code Section 65858.
Section 4. CEQA Finding. The City Council hereby finds that it can be
seen with certainty that there Is no possibility the adoption of this ordinance,and
establishment of the Interim regulations thereby,will have a significant 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 16061(b)(3)of the California Code of Regulations.
Section 6, Penalty. Violation of any provision of this Ordinance shall
constitute a misdemeanor and shall be punishable by a fine not to exceed$1,000
or by Imprisonment for a period not to exceed 6 months,or by bath 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 public nuisance and shall be subject
to abatement as provided by all applicable provisions of law. It shall be a violation
of this Ordinance for a property owner to permit or flail to correct within 3 days of
receiving notice; (1) any violation by a vacation renter of this Ordinance or
Chapter 7.15 of the Municipal Code(Noise)or(i€)any public nuisance created by
a vacation renter In violation of Chapter 7.35 of the Municipal Code.
Section 6. Legislative Findln+s. 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 following facts to be true.
a. The City's location and proximity to the coast mattes 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 units,
apartment houses, condominiums, cooperative apartments, triplexes, 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 nelghboring 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 parking, and unsanitary and unsightly
trash accumulation. These problems are exacerbated when multiple units on the
same property are rented on a short-terra basis at the same time and/or to large
groups. Moreover, because short-term occupants do not stay in the residence
for longer periods, they and their guests have less personal incentive to
moderate their behavior to avoid negatively Impacting neighboring residents.
c. The City Council previously enacted 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 (dumber 1618-U, the City
Community Development Department began 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 Charier and Government Code Section 65858 In order to protect the public
health,safety,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 ire Interim regulations set forth below
in Section 7. The summer rental season 1s 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 circumstances, It Is necessary for the
preservation of the public health, safety and welfare for this Ordinance to take
effect immediately. This Ordinance is an urgency ordinance for the Immediate
preservation of the public peace, health, and safety within the meaning of
Government Code Section 36937(b)and therefore shall be passed Immediately
upon Its Introduction and shall become effective Immediately upon its adoption.
I, All legal prerequisites to the adoption of this Ordinance have
occurred.
Section 7. Interim AegulationA. Notwithstanding any other ordinance or
provision of the Municipal Code of the City of Seat Beach,vacation rentals must
comply with the following interim regulations.
a. Condition t Use Permit Rewired, No vacation rentals shall
operate or be established unless the property owner obtains a conditibnal use
permit CCUP") 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 to Old Town. Vacation rentals are conditionally
permitted only In Old Town (Planning Area 1 excepting Surfslde). Vacation
rentals are prohibited in all other Planning 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 Re uired. The property owner must
obtain a business license prior to operating or establishing a vacation rental.
d. Transienj Occupancy Tax. The property owner must
complete the Transient Occupancy Tax Remittance form prior to operating or
establishing a vacation rental and shalt pay the Transient Occupancy Tax in
accordance with the Seal Beach Municipal Code.
G. Maximum Len ih 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.
1. Check-in Time. First-day arrival at a vacation rental Is
prohibited after 9:30 p.m. AN lease or rental agreements must Include this
prohibition.
I. 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: (1) 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 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
foram 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 pollee 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 1619-3
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.
1. 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.
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 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,
11. 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 Seat
Beach Municipal Code,
ill. 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 am.
iv, The name of the owner or property manager and a
telephone number at which that 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 nuisance complaints arising at of 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 46 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-Sato Property Owner or Property Manager Regu€red for
Vacation Rentals In Exce§s of 2__ tilts, A property owner or property manager
shall reside on each site that contains more than 2 vacation rental units, Such
Ordinance Number 1619-U
property owner or property manager shall be responsible for compliance with the
operational and performance standards set forth In this Ordinance.
p. Additjogg) 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,f.c2nsed Vacatloo Rentals.
a. In order to continue renting any unit as a vacation rental, the
property owner of any existing, licensed vacation rentals shall file an application
for a conditional use permit on or before July 6, 2612. For the purpose of this
ordinance, "iicensed"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 license, and has registered to pay the Transient Occupancy Tax,
and has paid such tax In full compliance with the Title 4: Revenue and Finance,
Chapter 4.35:Transient Occupancy Tax of the Municipal Code.
b. interim Ordinance Number 1618•U provided an opportunity for each
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 Ordinance,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 July 6, 2012, any property owner may request from
the City Council an exemption from, 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 use, 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: (1) the length of the proposed abatement period in relation to the
owner's investment In the use of the property as a vacation rental;(ii)the length
of time the vacation rental was operating prior to the date of nonconformity; and
(111)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. Severabiiity. 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 Seat Beach hereby declares that It would have passed each section,
subsection, subdivislon, 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 10. The City Cleric 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.
(intentionally Left Blank)
Ordinance Number 1619-1.1
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach at a meeting thereof held on the 14th day of May 2012.
Mayor
ATTEST: � a ��,"� PROVED AS TO FORM
Cit Clerk Mu nn M.Barrow,Clty Attorney
r
STATE OF CALIFORNIA }
COUNTYOF 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 Urgency Ordinance Number
1QI,�U on file In the office of the City Clark, passed, approved and adopted by
the City Council of the City of Seal Beach, pursuant to the City Charter and
Government Code§36987{b},at a meeting hold on the 1. 4th -day of May ,2012
by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members- i � y`t
ABSTAIN: Council Members
and do hereby further certify that Urgency Ordinance(dumber 1619-U has been
published pursuant to the Seal Beach City Charter and Resolution(dumber 2836.
Ity lark ��
Planning Commission Staff Report
Conditional Use Permit 12-10
413 Ocean Avenue
October 3, 2012
ATTACHMENT 3
PROJECT PLANS
16
Attachment F
Correspondence Received by
Planning commission
Greg Hastings
Subject: FW:413 Ocean Ave CUP 12-10
---------- Forwarded message ----------
From: Kurt Schulzman -_
Date: Mon, Oct 1,2012 at 12:16 PM
Subject: 413 Ocean Ave CUP 12-10
To: 111111111111111110
We are against allowing a CUP for Rental at 413 Ocean Ave. We live directly across the street and
have had the unfortunate experince to have summer renters up late at night outside
drinking and talking very loudly. When we bought in Seal Beach and completely renovated our home ,
we were not aware that Seal Beach allows a "hotel" concept in a very high
density neighborhood. Parking is limited and in many cases the "hotel" guests have more than two or
three cars that are directly related to their guests.This is a residential community
and to allow property to become a "HOTEL", DOES NOT HELP THE AREA OR ADD VALUE TO
PROPERTY. Furthermore Lenore Schwankovsky should repair her roof, paint her
property. This should be allowed in this high density neighborhood. At the end of Ocean Ave, no one
wanted a hotel to be built on vacant land, why would you allow a "hotel"
now in a residential area. Stop this madness! People that rent and use a building for a hotel, do not
take care of property nor care to do so! Recently their was a break-in next door to this
property, find that strange, but with people coming an going anything is possible.
Kurt Schulzman
Richard Ned
410 Ocean Ave
Seal Beach CA.
CONFIDENTIALITY: The information contained in this transmission may contain privileged and confidential
information.It is intended only for the use of the person(s)named above. If you are not the intended recipient,
you are hereby notified that any review, dissemination,distribution or duplication of this communication, and
the information contained in it, is strictly prohibited. If you are not the intended recipient,please contact the
sender and immediately destroy all copies of the original message.
I
Jerry Ofivera
From: Melissa Gomez
Sent: Monday,October 01,2012 3:11 PM
To: Jerry Olivera
Subject: Re:413 Ocean Avenue Email
On Mon, Oct 1, 2012 at 3:12 PM, Barbara Schultz< >wrote:
To whom it may concern:
We moved to Seal Beach in August of 2010. We were fortunate enough to be able to rent a "vacation"rental
throughout the winter on Ocean Ave. The property was managed by American Beachside Brokers for the
Schwankovsky family and the property was maintai tied and repairs were immediately addressed as needed. I
met the neighbors on both sides of our house and do not believe we ever caused any issues, i.e., loiid parties, too
many people,too many dogs, excess garbage, etc. While living in the vacation rental we were able to patronize
the local businesses and scope out our favorite places in Old Town. When our lease was up in June, 2611,we
moved to permanent housing in the Seal Beach area are currently residing in Old Town.
Thank you,
Barbara Schultz
Cell:
Melissa Gomez, Brolcer&Owner
American Beachside Brohers
827 Ocean Ave, Seal Beach Ca
562 599-9509 Direct
562 394-052:t Fax
welcometosealbeach.com
DRE#:01237349
Jerry Olivera
Subject: FW*413 112 Ocean Email from Past Occupant
-----Original Message-----
From: Rdliebman
To: seal beachrealestate <AM
Sent: Tue, Oct 2, 2012 7:38 am
Subject: Re:413 112 Ocean
October 2, 2012
To Whom It May Concern:
I have been able to rent the property at 4131/2 Ocean for the past 4 summers ranging anywhere from 4 to 6 weeks. In
addition, I have been able to continue my stay there during several times each year, Christmas, spring, etc. During that
time I have found both the rental agent,American Beachside Brokers and the owner to be cooperative, patient and most
certainly accommodating to my needs. If something needed attention, it was always attended to in a quick, timely
manner. I have found the neighbors to be helpful, extremely friendly, and accommodating, I have found the area to be
very hospitable, In fact I am looking to permanently locate in the Seal Beach area in the near future upon my retirement. I
patronize the local merchants often and find them helpful and accommodating.
Sincerely,
Robert Liebman
Melissa Gomez,Broker&Owner
American Beachside Brokers
827 Ocean Ave, Seal Beach Ca
562 599-9509 Direct
562 394-0521 Fax
welcometoseglbeach,,com
DRE#:01237349
Greg Hastings
Im
From: Ellery Deaton
Sent: Tuesday,October 02,2012 5:22 PM
To; Greg Hastings
Cc: Jill Ingram;Sharman Snow
Subject: Fwd:VROB
Dear Greg,
Would you please add this email to the public record regarding vacation rentals in
general as well as to the flies of 1499 Seal Way and 413 Ocean Ave
Thank you,
Ellery
----------Forwarded message----------
From: sharman snow -
Date: Tue, Oct 2,2012 at 5:17 PM
Subject: VROB
To: Ellery Deaton
Cc: Carla Watson Nancy and Chi
Kxedell It, Robert Goldberg Elizabeth Kane
Marc Loopesko
Hi Ellery: I wanted to thank you for all of your hard work to make VROB's more tenable for Old Town
residents. You are aware that my family was looking into this option to receive some of the financial
pressure created by my need to finance my disabled sister's Special Needs Trust. I want to share
with you and some of our mutual friends the thinking that went into this process. Financially, it may
be the best option, but in out hearts it is not what we want our neighbors to LIVE with. If we were to
go VRBO we woud use "Pineapple Cottages" for the placements, and she does an unbelievably good
job in moving visitors in and out of the community she herself was raised in. But I would NEVER
want to be responsible for the tenants that move in and out of the property behind Dolphin Market, not
those that share space with Barbara Barton.
I believe the VROB's have been like many other ideas that have come and gone in Old Town, ruined
by the developers. We will not be applying.
Jerry Olivera
From: Phyllis BunchI
Sent: Tuesday, October 02,2012 5.29 PM
To: Jerry Olivera
Subject: Lenore and Perry Guthrie's beach house
Mello Mr. 011vera,
My name Is Phyllis Paige Bunch and last summer my children, grandchildren and husband had the great pleasure of
spending a week at Lenore and Perry's wonderful beach house. The managers of the property were very helpful getting
us situated with the property and the atmosphere all around was pleasant and calming. Overall, our experience was one
we can hardly wait to repeat. - Many memories were made that week and we are greatful to the Guthrie's for providing
us with the opportunity to experience beach living in such a warm and Inviting place.
I just thought you should know. Best Regards,
Paige
s
Greg Hastings
Subject: FW:413 Ocean Ave
On Oct 3 2012,at 1:38 PM, "Meg Littlefield" wrote:
:10/03/2012
Dear Ellery:
This letter is to ask you to vote against the proposal of making 413 Ocean Ave a vacation
rental.
Please don't allow this,as so many of our neighbors are so concerned about the safety
Issues involved In this proposal. As you know,the city of Seal Beach has had many more
Issues than ever with criminal activity,thefts, break-ins etc. We are ALL affected by
this. My family and I moved to Seal Beach In 1964 and we all still live In Seal
Beach. Three of us have homes in old town and one of us has a home on the hill.
I realize that a vacation rental might bring some sales tax to the city, but that would be
incredibly off set by the problems that a short term rental will promote. Police,
firefighters and the use of all city services.
We have already had a break In next door to this property and basically making this a
"hotel"is only asking for more trouble. Anyone wanting to visit our city and stay here
has the Pacific Inn, commercial property,with around the clock supervision and
someone on the premises to oversee activities as a hotel should have. Ellery,there is no
good that can come from this for our citizens of Seal Beach. The only good would be to
the owner of the property and the"hotel" revenue they derive by continuous tumoversl
Ellery,you have listened to our concerns in the past and I hope you will vote no on this
proposal and not allow this vacation rental Issue to be approved!
Thank you for listening
Sincerely,
Meg Littlefield
408 Ocean Ave
Greg Hastings
Subject: FW: Use Pernit 12-10,413 Ocean Avenue
On Oct 3,2012,at 2:35 PM,Richard Neri tivrote:
Ms Deaton,,
I reside at 410 Ocean Avenue,directly across the street from 40 Ocean Avenue. For the record,
we are strongly OPPOSED to approval of any permit that would allow for additional short-term
vacation rentals in our established residential neighborhoods.
I'm sure the city council has already heard all the reasons, but just in case, our concerns include:
• Parking
• impact of transient overnight visitors on the neighborhood (non residents don't really care
.... they are just passing through)
• Security issues
• Noise from weekend visitors looking to hosts patties, etc
If we knew that we were buying in a "hotel"zone,we would not have chosen to purchase and
renovate our residence in Seal Beach at a cost of$6.5 million.
We appreciate your support in putting a stop to this initiative.
Regards,
Richard Neri
410 Ocean Avenue
Seal Beach CA 90740
562-799-2050
Attachment G
Documents Submitted by
Property Owner Subsequent to
October 15, 2012 Appeal
Response by Lenore Schwan owner wf41BOcean Avenue to the Appeal tm the Planning
Commission Resolution No. 12-20
The purpose of the hearing is to determine whether my property is in adherence with the current code
and ordinances regulating vacation rentals in Seal Beach. The Planning Commission awarded a
Condition Use Permit torny property on October]of this year. Kurt Schulman and Richard Ned
appealed the decision. This ismny response to the statements made inthe appeal. The appeal included
six issues explaining the reason for the appeal. Looking o1 the issues expressed in the appeal, | have
found that the reasons expressed in the appeal for denying rnea CUP fall into one of three areas:
1. Statements relevant to the appealers' opinions about ordinance 1619-U appropriate for a legislative
hearing, but not relevant to whether my property is in compliance with the ordinance;
_ Statements that are misrepresentations,misleading, unsubstantiated, irrelevant or simply untrue;
_,Statements that suggest a pattern of problems that is inconsistent with any specific evidence available
to me or city authorities.
Concern#1. Parking
I. "There is inadequate parking to support this use and there is not sufficient space on the site to
mitigate this condition. This assertion |y supported by the staff report presented tothe Commission,
which states that there are'constraints with the amount ofoff-street parking provided'."
This misrepresents Mhestaffrenovtbyoiting only part mf it. The parking situation does not violate any
ordinances and was addressed by the Planning Board and Commission by placing conditions on the CUP.
The house was built before the current parking space ordinance, Further, the property has two garages;
one assigned to each unit. With four adults and two children maximum authorized bv the conditions of
the CUP and two people authorized tob*/n the back apartment, potentially two cars could 6eparked It
/s often the case that both units are not rented ot the same time which reduces the likelihood nfanyone
parking un the street. Furthermore,os shown/n the pattern of vocation rental, the property isonly
rented an average of 6.3 weeks per year as a vocation rental. There is no violation of code or ordinance.
2. "Parking for full-time residents of this area and their occasional guests is always a challenge as on-
street parking is very limited and off-street parking for many of the properties|s non-conforming and
inadequate by contemporary standards. Any high-impact parking use exacerbates the challenging
parking situation and has an adverse impact on the neighborhond."
These statements are certainly accurate,however do not provide evidence for a violation of current
city codes or ordinances. /n addition, there/s also o problem finding parking due tn the number of
people who are visiting Seal Beach for the day who park on the residential streets while they gotothe
11/27/12 4130manx,eove Response uoAppeal 1
beach. The fact that parking can be difficult to find is not a convincing argument to prevent my property
from being allowed a CUP for vacation rentals. The off-street parking on my property is often adequate
due to families arriving in one car, both units not often rented at the some time, and the availability of
three parking spaces. People who fly in from out of state or drive from Arizona would have only one
rental car or drive only one car. Furthermore, residents have occasional guests park on the street,so a
vocation renter can also occasionally have an additional car parked on the street. We also purchase
visitor parking permits in case someone needs to park on the street. There is no legal reason to withhold
a CUP on this basis.
Concern#2. Intensity of Use
i. '"rhe City Staff also noted that the property'is non-conforming due to substandard rear yard setback,
inadequate off-street parking,and exceeding the allowable density'."
This is a misrepresentation of the Planning Board's Report. This statement comes from the Planning
Board's report under the section entitled"Facts". This statement occurs at the beginning of the report.
The appeal does not note that the Board makes specific recommendations that conditions be placed on
the CUP to address these issues. These recommendations include limiting the number of guests staying
in the premises and assigning one garage to each unit.
2. "In addition to this second reference in the Staff report to inadequate off-street parking,the Staff
observation that the subject property exceeds allowable density should preclude permitting an
occupancy load of eight unrelated persons. We would ask the Commissioners to consider the intense
impact on neighbors'ability to enjoy quiet use of their homes and private yards if wave after wave of
eight unrelated adults,on vacation,with no personal, moral,or civic attachment to the neighborhood,
occupy the subject premises while on vacation and decide to have an outdoor barbecue, reception,yard
party,or indoor cocktail party."
These statements are untrue,irrelevant,and unsubstantiated. This statement implies first that eight
unrelated adults have rented the house as a vocation rental. This is nor true. Further it describes a fear
of"wave after wave of eight unrelated adults"which appears to mean one group after another, multiple
sequential groups of eight unrelated adults. This is also untrue. We have data to show that we have
never rented the property to eight unrelated adults. Furthermore, over the past seven years the property
has been rented as a vocation rental only during July and August with three exceptions;once in April,
once in September, and once in December. We rent to families, couples and single individuals. Also, this
is a small house with small patios that are not fitting for a reception. There has never been a reception
there. We have always restricted the number of the people staying in the house to 6 individuals. So
these comments are untrue and irrelevant to whether my property is compliant with the current codes
and ordinances. No evidence is presented to support the statements and/have presented evidence that
refutes the statements.
11/27/12 413 ocean Avenue Response to Appeal 2
3. "Excessive noise, parking impact,smoke, and related fallout from this intense level of human
occupancy are not acceptable in this residential neighborhood."
This statement is confusing giving a fragmented list with no specific issue identified or substantiated.
The terms are nebulous such as 'fallout". Certainly, excessive noise,if it occurs, is not acceptable and
Melissa or I should be informed. Parking has been addressed. If smoke is mentioned in relation to
barbeques, that is a normal occurrence that residents and vacation renters participate in. The reference
to "intense level of human occupancy"may be referring to the "eight unrelated adults"statement. This
again does not describe the situation or the people who have rented the property as a vacation rental.
4. "We would ask the Commissioners to consider how they might be impacted if this use were
permitted next door to their current places of residence."
This statement belongs more appropriately in a Legislative Hearing. None of us would want to live
next to a place that is described above. However, this description is not in any way an accurate
description of the families, older couples, and quiet single individuals who enjoy staying in a small,
historical house near the ocean in Seal Beach as a vacation rental.
5. "This intense,constant activity would never be tolerated in Leisure World or within the quiet cul-de-
sacs of The Hill or any of the other Planned Unit Development areas of our fine City."
This statement misleading. It is directed to the untrue statement that the activity on my property is
intense and constant. As presented in the History of Vacation Rentals at 413 Ocean Avenue, the data
show that the property has been rented as a vacation rental an average of 6.3 weeks a year for the past
seven years. This does not support the expressed description of"intense and constant activity".
6. "The subject property is located in a unique area of Old Town Seal Beach,often referred to as the
Gold Coast. Many of the most valuable and architecturally significant single family residences in the City
are located within this Gold Coast area. Residents of this special part of Seal Beach enjoy a quiet,
neighborhood ambiance that is incompatible with short-term vacation rentals."
This is an opinion more appropriate for a Legislative Hearing. The property in question is in compliance
with the current ordinances governing vacation rentals in Seal Beach. Further, the aim of the ordinance
regulating vacation rentals is to prevent vacation rentals from disturbing the neighborhoods of Seal
Beach.
11/27/12 413 Ocean Avenue Response to Appeal 3
Concern #3. Conflicting Finding within the Staff Report.
1. "The staff report describes the non-conforming nature of the subject property,specifically using the
term 'not adequate' in its description of the property and then claims that this non-conforming, not
adequate site is adequate for the permitted use. The property cannot be both adequate and not
adequate at the same time."
These statements are a misleading description and use of the staff report. In the staff report, the terms
adequate and inadequate refer to two different things. The following statements are in the initial section
of the report entitled Facts: 1) "Inadequate off-street parking' 2) "not adequate space to park a
standard sized automobile within the area between the garage and the rear property line".
In the Discussion the Staff state: "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."
The Staff recommend restricting the number of guests primarily because of the size of the units and
constraints with the amount of off-street parking provided on the premises(responding to the
inadequate off-street parking). They recommend that one garage be assigned to each rental unit and
that both garages be kept free and clear of any obstructions that would prevent use by outomobiles for
parking.
The term "not adequate"refers to parking, the term "adequate"refers to the physical adequacy of the
entire property due to the conditions placed on the CUP which include placing a limit on the number of
guests in order to reduce potential on-street parking and noise.
2. "We support the City Staff in finding that the property is not adequate and,therefore,the CUP
should not be granted."
This is a clear misrepresentation of the final discussion and recommendation in the staff report. The
City Staff did not find the property inadequate. The City Staff found off-street parking inadequate(page
2)and made recommendations to mitigate the problem. The City Staff clearly stated that there were
findings that supported approving a CUP including the statement that the site is physically adequate and
ultimately recommended approval of the CUP with conditions(page 5).
Concern#4. The Proposed Use will be Detrimental to the Health,Safety and Welfare of Persons
Residing in the Vicinity.
"Because of poor sound insulation, nonconforming setbacks,old single-glazed windows, exposed
balcony,absence of adequate sound walls or other noise mitigation features, it is not possible for
adjacent neighbors to enjoy reasonable quiet use of their property if the subject property is used as
allowed under the terms of the CUP."
11/27/12 413 Ocean Avenue Response to Appeal 4
.
This statement includes misleading,Irrelevant,unsupported statements. The sounds mf people onany
property along Ocean Avenue will be heard by neighbors. The houses are close together some hear the
neighbors'audible conversations and surely they hear ours and the renters. Nye inform renters ofthe
neighborhood quality, how sound carries, and tell them if they want to have a private conversation they
need to keep their voices low/ That is the nature of the homes that are so close together.
This statement implies dhmtdheneighbors on either side of the property have told the citizens appealing
that there are problems with sound. //brings into question whether the citizens appealing have had any
direct experience with unacceptable suundsfmm the property. First, /t would beappropriate for the
neighbors who have experienced sound problems&m have told rne there iso problem with sound. /have
regular/ace- conversations with neighbors onbothsidesufthepompedyondtheybothhovenny
phone number and they have not told rneof any problems with sound with one exception. My neighbor
on one side reasonably was disrupted by vacation renters using the walkway between our houses which
are about e/ghtfeetapart. The renters would walk by her kitchen window and talk. We discussed
options. /offered, otnnyexpense, tm gate with locks both ends u/the passageway and replace the
windows with dbub/e'poned windows to reduce the sound. The neighbor preferred tm build oconcrete
block sound wall to which/agreed /n addition, there/so concrete block wall bordering the house across
the m0evfironn the property. Regarding the balcony, the houses nn either side ofuy have balconies as do
houses two doors down and likely the houses across the street on the sand. Balconies are by definition a
p/mtfbnnthat poojectsfrom the wall ofe building and/s surrounded bym railing and are exposed, The
fact that the property has o balcony isanirrelevant detail.
Concern#5' The Proposed Use will be Detrimental tm the Health,Safety and Welfare mfPersons
Residing in the Vicinity.
1. "This neighborhood is a quiet,established residential area with many long-time, older residents who
live in this area because of the quality of life, peace and quiet, and sense of neighborhood connection.
People know their neighbors, watch out for one another,and monitor activity to help local law
enforcement maintain a safe and secure annbiance."
This is afnirXy accurate description mfthe neighborhood. There are not mnunyfb/n0ies with children/n
the immediate area who tend tu make noise. We are all accustomed, however, to street and alley noise.
People walk down Ocean Avenue during the day, evening and at night talking in loud voices. People
walk down the alley talking loudly. kVehovefhund people trying to break into garages/n the alley as
well. Ne are aware of parties with noticeable levels mf sound lostingfor hours near our property. It is
fairly quiet, however, Old Town and 4pecif7ux0vthe 4UQto5OO block of Ocean Avenue does have activity
by day visitors that creates noise and safety concerns.
Z. "The owners of the subject property conduct a psychological counseling business in another
community and advertise Substance Abuse& Dependence and Qualified Substance Abuse Professional
Services. In the recent past,transient renters at the subject property have included high-profile
individuals who,as part of their personal drug/alcohol recovery issues, have resided in the subject
11/27/12 o13 Ocean Avenue Response mAppeal 5
^ `
property aa transient renters, bring with them security detail,celebrity-seeking press photographers,
and there have been cars arriving and leaving the area around the subject premises at all hours of the
day and night."
These statements are untrue and irrelevant The recent past was 2OO6and 2007. The renters were not
transient but were long-term renters which makes this information irrelevant to this hearing. Neither my
husband's nor/ny professional co/ee/shoveeverbeen/nvo/vedwi1hnenbngUh/sprnpertye/&her/ong-
termurosovocotionrentol.
4. "Excessive noise,constant comings and goings, activities uncharacteristic for the neighborhood
including screaming children, loud verbal altercations,cigarette and cigar smoke, and fumes from
barbecues, have made it impossible for neighbors to enjoy quiet use of their property."
This statement Is includes misleading,unsubstantiated,and untrue statements. First, it/ereasonable
to ask whether the citizens appealing ever personally experienced excessive noise from my property. I
find it implausible that the people who filed the appeal have experienced smoke from cigarettes or
barbeoues, noise, mrnoisefrom children mmingfrommyproperty� Their property is across Ocean
Av*nue fronn my home and their garage faces my house, with their primary living area facing the ocean.
The people who filed the appeal appear to be reporting second hand information that is not specific or
substantiated.
If excessive noise occurred, it would have been reasonable to let me know so/could do something about
it. The statement of constant comings and goings is not otrue description of the pattern of rental ofthe
property. Vacation rentals occurred only/n July and August with three exceptions over the past seven
years as stated before. Activities uncharacteristic of the neighborhood need to be described specifically
tobeclear. The issue of screaming children is puzzling since the presence nf any children likely will
include some screaming at times depending on the age, and also laughing and talking and crying. loud
verbal altercations should be reported to me, Melissa, or the police. There have been noreports to the
police. Cigarette and cigar smoke apparently was reported to the appeaAers. Since my mother
purchased the property/n18g1, mxe have noticed pipe smoke coming ono regular basis from one qfthe
immediate neighbor's property. /onv not aware ufmcity code or ordinance that prohibits children
making noise, smoking mrbonbequ/ng' These dw not appear tobe complaints that justify denying o
conditional use permit.
5. "The permitted use has been a cause for increased anxiety and vigilance among neighbors who are
willing to sign statements that they have lost sleep,felt uncomfortable being outdoors or walking,and
have experienced heightened anxiety,and have felt the need to exercise increased vigilance asaresult
of activity on and about this pmoperty'"
It is appropriate for m Legislative Hearing. This is not a professional observobonbutmothercfactorof
common knowledge. /t would likely improve mnxietVrekatedConoisefromnoneb/hbnr'shouset000ntoct
the neighbor and talk with them about concerns. /on/a reasonable person and care about nnyhome,
11/27/12 *o Ocean Avenue Response mAppeal 6
neighbors, and the community. If told about problems, 1 respond. For example, I recently talked with an
immediate neighbor and was told that they have been bothered by fumes from the barbeque coming
from my property. 1 confirmed with them where the barbeque could be placed without resulting in
bothersome fumes and reassured the neighbor that 1 will inform anyone staying on the property where
the barbeque may be place and where it may not be place when in use. That is an example of talking
and solving problems. That kind of communication is more effective in relieving anxiety than not talking
to someone about a problem.
Concern#6. "This Use Places and Unreasonable Burden on Neighbors to Provide Surveillance and to
Report Problems to Authorities."
1. "We have been advised to report any unlawful activity to the police or to call our local Council
Member if we experience problems with the subject property. We are residents of this neighborhood,
not law enforcement or code enforcement professionals and while we are attentive, engaged,and
watchful in our homes and surroundings,this use should not impose upon us the responsibility or
burden of monitoring a commercial use for compliance with laws and conditions of use.We are also
concerned that any reports we might make could result in retaliation by persons who are transient and
not known to us."
These statements are misleading and do not fit the facts. There has been no unlawful activity on my
property. There have been no police reports related to vacation rental, long term rental, or family
staying in the property. The City inspector has already verified that the property is in compliance with
the laws and conditions of use. The fear of retaliation and feeling of needing to monitor unlawful activity
does not fit the history of activity on the property or the overall description of the type of families, older
couples and quiet single individuals who normally stay on the property. There have never been police
reports related to the vacation rental. Melissa or 1 would handle a problem with renters carefully to
facilitate good relations. Fear can be reduced by valid information and communication.
If there were a concern for safety, we would be the first to respond since we have a vested interest in
protecting our own property. We consider our property a treasure and want people who stay there who
are respectful. The home is furnished with family furniture and belongings. We have a collection of
books including many children's books that my mother had in her private elementary school. We have
antiques and original artwork. We have a formal cabinet that is unlocked with a large collection of
shells. All these things allow us to return to Gramma's house and feel at home. We have never
experienced our belongings stolen or harmed by short-term renters. The types of people who stay short-
term have behaved as if they appreciate and respect the belongings in both the house and apartment.
Many people who stay remark that they feel a comfort and peacefulness in our home. They do go to the
beach, go to town, have barbeques,sit outside and talk, and if they have children, the children laugh, cry,
and talk. We do not want to have mean, dangerous people staying in our home. We also have a small
property that will simply not accommodate large groups of people. We have a posted list of guidelines
that include alerting people to the laws regarding quiet from 10pm to lam and making them aware of
the need to be quieter during the day.
11/27/12 413 Ocean Avenue Response to Appeal 7
. . '
3. "It is incumbent upon City officials, including law enforcement,zoning enforcement,fire inspectors,
and health inspector,to actively monitor the use to assure that the various conditions,such as limited
hours for trash removal,garage availability for off-street parking,and requirement for quiet use are in
compliance at all tinmes."
These statements are appropriate for a Legislative Hearing. Certainly the City has responsibility to
enforce all codes, ordinances, and laws such as trash removal,parking, and sound laws. The property
has only been rented an average of 6.3 weeks a year as avocation rental for the post seven years. The
primary vomodun renters have been families, couples, and single individuals. Furthermore, this
statement ignores 1he/actthat/, Melissa and Frank monitor thesefoctocs and more. With the new
ordinances, we have reviewed the requirements and requested on inspection from the city to assure that
we are incompliance.
The majority of issues described in this appeal are statements related to the appealers'opinions about
Ordinance, or are untrue, misrepresentations of the property or city report, misleading statements,or
irrelevant. The property is in compliance with the current codes,ordinances,and laws regulating
vacation rentals in Seal Beach therefore qualifies to retain the CUP for Vacation Rental.
Since the hearings began this summer, I have been made aware through public comments that my
immediate neighbor has described sound problems related to my property. Asto the neighbors who
filed the appeal, I do not know of any direct problems they have had with the property. | have known
the neighbors on both sides for over 3Oyears. VVe talk face to face regularly. They have nnyphone
number and know Melissa Gomez manages the property locally. | live a45 minute drive from the
property. When my immediate neighbors have told me of a problem, I have discussed it with them and
responded. | have not been told of any problems for approximately the past four years. | find itdifficult
to understand why my neighbor did not tell me directly when there were numerous, regular
opportunities' I want to know if there is a problem with my property so I can do something about it.
11/27/12 m»oc pnxveoue Response mAppeal 8
4- CAL I F O R N I A VACATION RENTAL AGREEMENT
411111, ASSOCIATION
is
OF REALTORS"' (intended for occupancy of 30 days or less)
(C.A.R.Form VRA,Revised 1/06)
1. OCCUPANT: Occupant ("Occupant")agrees as follows'.
2. PROPERTY: Occupant rents, for vacation purposes only, the furnished real property and improvements described as:
413 Ocean Avenue ,situated in
Seal Beach County of— -oraxtize California("Premises").
The Premises has 3 bedroom(s)and 1 112 bath(s).
3. ARRIVAL AND DEPARTURE:
Arrival: 0810112013 (Date)at 2:00 x= (Time)Departure: 0811512013 (Date)at 10.00 am (Time).
4. AUTHORIZED USE AND GUESTS:The Premises are for the sole use as a personal vacation residence by not more than 2
adults and 2 children. ❑ (if checked)In addition to the Occupant identified in paragraph 1,only the following shall reside
at the Premises:
('Authorized Guests").
No other guests, visitors or persons are permitted. If the Premises are used, in any way, by more or different persons than those
identified in this paragraph,(1)Occupant,Authorized Guests and all others may be required to immediately leave the Premises or be
removed from the Premises; (it)Occupant is in breach of this Agreement:and (III)Occupant forfeits its right to return of any security
deposit.
5. PAYMENTS:Occupant agrees to the following payments:
A. The Premises will not be held for Occupant until both the reservation fee and this Agreement signed by Occupant have
actually been received. Once paid, the reservation fee is for services rendered In entering into this Agreement and is
NONREFUNDABLE.
B. Category Amount Due Payment Due Date
Reservation Fee: $
Rent: $
Security Deposit: $
Cleaning Fee: $125.00 $
Other: $
Other: $
Transient Occupancy Tax: 12* Occupancy Tax $
Total- $
6. BALANCE DUE; LATE CHARGE: If any amount due is not received by the applicable Payment Due Date, Owner may, at Owner's
or Owner's Representative's sole discretion, either terminate this Agreement and refund to Occupant all payments except the
reservation fee,or impose a late charge of$ 0
7. SECURITY DEPOSIT:
A. The security deposit will be Mx transferred to and held by Owner;or ❑ held in Owner's Representative's trust account.
B. All or any portion of the security deposit, upon termination of occupancy, may be used as reasonably necessary to: (I) cure
Occupant's default in payment of rent, non-sufficient funds ('NSF') fees or other sums due; (ii) repair damage, excluding
ordinary wear and tear, caused by Occupant or Occupant's guests or licensees; (III) dean the Premises; and (iv) replace or
return personal property or appurtenances. Within three weeks after Occupant vacates the Premises, Owner shall: (1) furnish
Occupant an itemized statement indicating the amount of any security deposit (I) received, (if) withheld and the basis for its
disposition,and(fit)withheld pending receipt of utility,phone and bills;and
(2)return any remaining portion of the security deposit to Occupant.
C. No interest will be paid on the security deposit unless required by local ordinance.
D. If the security deposit is held by Owner, Occupant agrees not to hold Owner's Representative responsible for its return. If the
security deposit is held by Owner's Representative and the security deposit is released to someone other than Occupant,then
Owner's Representative's only duty shall be to notify Occupant, in writing, where and to whom the security deposit has been
released.
8. CANCELLATION; REFUND: If Occupant cancels or otherwise terminates this Agreement prior to the latest Payment Due Date,
all payments except the reservation fee will be refunded to Occupant. If Occupant cancels or otherwise terminates this
Agreement after the latest Payment Due Date, Occupant shall be responsible for rent, commission to Owner's Representative
and all marketing and preparation costs necessary to ready the Premises for re-rental.
The copyright laws of the United States (Title 17 U.S. Code) forbid the
unauthorized reproduction of this form,or any portion thereof,by photocopy Occupant acknowledges receipt of a copy of this page.
machine or any other means, including facsimile or computerized formats. Occupant's Initials f2l
Copyright@ 2002-2008, CALIFORNIA ASSOCIATION OF REALTORSO, EQUAt MLOC
INC.ALL RIGHTS RESERVED, OPPORTUMTY
VRA REVISED 1106(PAGE I OF 3)
VACATION RENTAL AGREEMENT(VRA PAGE 1 OF 3)
Agent: Melissa Gomez Phone:562.599-9509 Fax:562-394-0521 Prepared using zipForm@)software
Broker: American Realty Brokers 909 Electric Avenue,Suite 308-2 Seal Beach,CA 90740
' Premises: Date: --------
9. HOLDING OVER: Occupant agrees there shall be no holding over or late departure without prior approval. Any unauthorized
holding over by Occupant shall be subject to a charge of 1 and 1/2 times the daily prorated rent(or E] if checked
("Holdover Rate"), plus any additional damages incurred including, but not limited to, the cost of alternative housing for guests
displaced by Ocrupant's holding over.Late check-outs will be charged 50%of the Holdover Rate(or F1 if checked Y
10. CLEANING: Premises will be delivered 0a Occupant in e professionally cleaned condition, Upon 0ann
Occupant will deliver the Premises in the eemo condition |emo ordinary wear and tear. |f Occupant does not m&um the Premises in
the did a(n)(additional) h iU be deducted fro the i deposit.
11. NO PETS Pets are not allowed. If an unauthorized pet is on the Premises,
pet, (H)Occupant,Authorized Guests, pet(s)and all others may be required to immediately leave the Premises,or be removed from
it,(III)Occupant is in breach of this Agreement, and(iv)Occupant forfeits its right to return of any security deposit.
12. NO SMOKING: N ki is allowed on the Premises. If smoking does occur on the Premises,
damage caused by the smoking including, but not limited to, stains, burns, odors and removal of debris; (!I) Occupant, Authorized
Guests, and all others may be required to immediately leave the Premises, or be removed from the Premises; (III) Occupant is in
breach of this Agreement;and(iv)Occupant forfeits its right to return of any security deposit-
13. NSF CHECKS: |fm check is returned NSF, Occupant shall pay$25.00oaan NSF fee. Occupant agrees that this charge represents
a fair and nsaaunab|n estimate of the costs Owner may incur by reason of Occupant's NSF payment. An NSF check will emuK in
cancellation of this
14' CONDITION OF PREMISES:Occupant Ll has nx has not viewed the Premises prior 0o entering into this Agreement. Occupant
mho||, on arrival, examine the Pnmmiuen, all fumdure,furnishings,appliances,fixtures and |andmcaping, if any, and eho|| immediately
report, in whUng, if any are not in operating condition or are in disrepair. Reporting repairs does not give Occupant the right to
cancel this Agreement or receive a refund of any payments made.
15' UTILITIES:Owner is to pay for all utilities except as follows:
HOccupant agrees to pay for all telephone charges,
X Occupant agrees to pay for$125.00 One Tixw Clean-ing Fee
16' RULES' REGULATIONS' NO COMMERCIAL USE: Occupant agrees to comply with any and all rules at
any time posted on the Premises or delivered to Occupant. Occupant shall not, and shall ensure that guests and licensees of
Occupant shall not: (I)disturb, annoy, endanger,or interfere with other occupants of the building in which Premises is located or its
neighbors-, (III) use the Premises for any commercial or unlawful purpose including, but not limited to, using, manufacturing, selling,
storing, or transporting illicit drugs or other contraband; (ili) violate any law or ordinance; or (Iv) commit waste or nuisance on or
about the Premises.
fT. CON0ORd|N|0Q8; PLANNED UNIT DEVELOPMENT: LJ (if checked) The Premises is m unit in a oundominium, planned unit
development cx other development governed bya homeowners'association("HOA^).The name nf the H[Aia
Occupant agrees to comply with all uovenemu, conditions and oestrudona, by|aws, ru|ea, regulations and decisions ofthe HOA.
Owner shall provide Occupant copies of rules and regulations of the HOA if any. Occupant shall reimburse Owner for fines
charges imposed by the HOA or other authorities,due to any violation by Occupant or the guests or licensees of Occupant.
18. MAINTENANCE: Occupant shall properly use ate and safeguard the Premises including, if applicable, any landscaping,
furniture, furnishings, appliances and all mechanical, electrical, gas and plumbing fixtures, and keep them clean and sanitary.
Occupant shall immediately notify Owner or Owner's Representative of any problem, malfunction or damage. Occupant shall pay for
all repairs or replacements caused by Occupant, guests and licensees of Occupant, excluding ordinary wear and tear. Occupant
shall pay for all damage to the Premises as a result of failure to report a problem, malfunction or damage in a timely manner.
Occupant shall pay for repair of drain blockages or stoppages, unless caused by defective plumbing parts or tree roots invading
sewer lines.
19. ALTERATIONS: Occupant shall not make any alterations in or about the Premises )nduding, but not limited 0m, moving furniture,
painting, wallpapering, adding orchanging |uoka, installing antenna or satellite dimh(es). placing signs, displays orexhibits, or using
oonewmtestenimgdevimaa.iargenai|soradhesivemateria|o.
20. ENTRY:
A. Owner and Owner's representatives and agents have the right to enter the Premises, at any time, (I)for the purpose of making
necessary or agreed repairs, decorations, alterations, improvements, for maintenance or to supply necessary or agreed
services;(111)to verify that Occupant has complied with the terms of this Agreement;or(111)in case of emergency,
B. Owner and Owner's representatives and agents have the right to enter the Premises, upon reasonable notice, to show the
Premises to prospective or actual purchasers,occupants,tenants, mortgagees, lenders,appraisers or contractors.
21. NO ASSIGNMENT OR SUBLETTING: Occupant shall not assign any interest in this Agreement or sublet any part of the Premises.
If this Agreement is assigned or the Promises or any part thereof is sublet, (V Occupant, Authorized Guests, assignee(s),
oublene*e(o)and all others may be required to immediately leave the Premiseo, or be removed from b; (i|) Occupant is in breach of
this Agreement;and(IQ)Occupant forfeits its right&n return of any security deposit.
22. UNAVAILABILITY: If for any reason beyond the control of Owner or Owner's Representative, the Premises is unavailable, Owner
or Owner's Representative may substitute a comparable unit urcancel this Agreement and refund in full to Occupant all payments
made.
23' OCCUPANT'S OBLIGATIONS UPON TERMINATION OF OCCUPANCY: Upon termination of occupancy, Occupant mho!|: (0 give
Owner all copies of all keys or opening devices to the Premises, common enaaa UU vaooUa the Premises and
surrender bbn Owner empty of all persons; UiQ vacate |parking and/or storage space; and (h) deliver the Premises 0uOwner
in the same condition less ordinary wear and tear mm received upon arrival.
24. PERSONAL PROPERTY AND INJURY:
A. Owner Insurance: O ( guests'personal property,including vehicles, anenot insured by Owner or, if applicable, HUA,
against loss or damage due 1ufire, theft, vendalism, nain,water, criminal or negligent of others, or any other cause. Owner
does not insure against personal injury to Oocupant. guests or |ioonuoou due to any reason other than the condition of the
Premises.
B. Occupant Insurance: Owner recommends that Occupant carry or obtain insurance to protect Occupant, guests and licensees
and their personal property fnzmany|ooaxxdamog*.
C. Indemnity and Hold Harmless: Occupant agrees 0o indemnify, defend and hold honn|oau Owner and Owner's Representative
from all da(me. dieputes. Udga8kzn, judgnmnts, costs and attorney fees resulting from |omo, damage or injury to Uoouport.
Occupant's guests or licensees or their personal property.
Occupant acknowledges receipt of a �oft his
page,
Onnvman[o|n0�u( )( ) ����
c�yno:mx000x'unou.CALIFORNIA ASeocmnowc+eeA�oRo�/mo. ------- ------
VRA REVISED 1/06(PAGE 2 OF 3) VACATION RENTAL AGREEMENT(VRA PAGE 2 OF 3) 413 Oces.^—~
~
' Premises* Date: ____________
25. MEDIATION: Occupant agrees to mediate any dispute or claim arising out of this Agreement, or any resulting transaction, before
resorting to arbitration or court action.Mediation fees, if any,shall be divided equally among the parties involved.
26. Fl AAETNAWYPHETAM|NE CONTAMINATION: Prior to signing this nt. Landlord has given Tenant o notice that a health
official has issued an order prohibiting occupancy of the property because of ma1hamphetumine contamination. A copy of the
notice and order are attached.
27. MEGAN'S LAW DATABASE DISCLOSURE: Notice: Pursuant to Section 290.46 of the Penal Cmje, information about specified
registered sex offenders is made available to the public via on Internet Web site maintained by the Department of Justice at
www.meganslaw.ca.gov. Depending on on offenders criminal history` this information will include either the address atwhich the
offender resides or the community of residence and Z|PCodoinvvhiohheorsheemides. (NehherLmndkxndnorBrokers. ifeny. omo
required to check this website. If Tenant wants further information,Tenant should obtain information directly from this website.)
28. JOINT AND INDIVIDUAL OBLIGATIONS: If there is more than one Quoupont, each one shall be individually and completely
responsible for the performance ofoUob|igationmunderthimA0neemoonL.join1|yond1ndiv|dua|lywithav other Occupant,
29. TRANSIENT OCCUPANCY: Occupant ia renting the Premises oaatransient lodger for the number of days specified|n paragraph 3
from Owner who retains full legal, m�sessory and access dghto.
30' K �� )Occupant will receive:
2 key(s)to Premises, nX I remote control device(s)for garage door/gate opener(s),
Occupant acknowledges that locks to the Premises [:) have [y] have not been rekeyed. If Occupant rekeys existing locks or
opening devices, Occupant shall immediately deliver copies of all keys to Owner or Owner's Representative. Occupant shall pay all
costs and charges related to loss of any keys or opening devices.Occupant may not remove locks, even if installed by Occupant.
31. OTHER TERMS AND CONDITIONS,including ATTACHED SUPPLEMENTS:
HCheck-in procedure
Contract addendum
FK1 Make all Payments to Lenore Schwankovsky. Balance to be pAid by Cashier's Check or Monley Oxder
E] Addendum #1 and Welcome to Seal Beach Infoxmation Sheet are attached and are incorporated as
part of this Vacation Rental A(rreement.
"rAk day arxjyal check in is pA�QhjbAted after 9:30pm by the CAty of Seal Beach. You will be
reQUI.red to find alf:e=atlye housing: if y2u arrive after 9:30 pm.
No Smokincr, please.
32. ENTIRE CONTRACT: Time is of the emmenue. All prior agreements between Owner and Occupant are incorporated in this
Agreement, which constitutes the entire contract. It is intended as e final expression of the parties' agreement, and may not be
contradicted by evidence of any hu 1 or contemporaneous | agreement. The rti further intend that this
Agreement constitutes the complete and exclusive statement of its terms, and that no extrinsic evidence whatsoever may be
introduced in any judicial or other proceeding, if any, involving this Agreement. Any provision of this Agreement that is held to be
invalid shall not affect the validity or enforceability of any other provision in this Agreement. The waiver of any breach shall not be
construed as a continuing waiver of the same or any subsequent breach. This Agreement shall be governed and construed in
accordance with the laws of the State of California. California shall have personal jurisdiction over the parties and the county in
which the Premises is located shall be the forum for any legal action brought in relation to this Agreement.
Occupant Date
Address city State ____Zip
Telephone Fax E-mail
Occupant Date
Address City State ______ Zip
Telephone Fax E-mail
For information regarding the Premises or this Agreement,contact [l Owner or El Owner's Representative
Name American Beacbside Brokers - Melissa Gcaez/Fr� Carvajal
Address 827 Ocean Aven 9 Qty Seal Beach State CA Zip
Telephone Fax E-mail
THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS@(C.A.R.).NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR
ADEQUACY orANY pnov/mow IN ANY SPECIFIC TRANSACTION. x REAL ESTATE onnxse IS THE psnoow QUALIFIED TO Amxas ON nEw' ESTATE
TRANSACTIONS,/p YOU DESIRE LEGAL om TAX ADVICE,CONSULT Aw APPROPRIATE PROFESSIONAL.
This form is available for use by the entire real estate industry.It is not intended to identify user 000ns^onRunsmzoR&/oo registered collective membership mark
which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS@ who subscribe to its Code of Ethics.
Published and oinmuuteuuy�
REAL ESTATE BUSINESS SERVICES,INC.
a subsidiary or the California Association m/REAL TORSO
525 South Virgil Avenue, Los Angeles,California euu2o 1:21
VRA REVISED 1/06(PAGE 3 OF 3) EQUAL HINIM
OPPORTNITY
VACATION RENTAL AGREEN8ENT(VRA PAGE 3 OF 3) +u Ocean Avenue
Addendum to Vacation Rental Agreement
Section 7.45.010 of the Municipal Code
"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 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 the person or persons liable therefore 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."
WELCOME TO SEAL BEACH!!
Here is some helpful information about 413 Ocean Avenue —
1. This is a residential area and sound carries easily. Our neighbors on either side live there year round. Please
keep noise levels down and activities indoors between 10 pm and 7 am.
2. 413 Ocean Avenue has a maximum occupancy of 6 guests.
3. You may be cited or fined by the City of Seal Beach for 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 noise disturbance in violation of Chapter 745 of the Seal Beach Municipal Code.
4. Parking is only permitted inside the assigned garage. Do Not park behind the garage for any reason.Do not
park or encroach upon a neighbor's property at any time. Thank you. You will be given one parking permit
for residential street parking.
S. The laundry room is the blue door as you walk out to the alley. You will be provided with a key.Carefully
close the dryer where the sticker indicates. Keep the Laundry Room Locked at all times.
6. The fireplace in the house is gas burning. Do not put wood,paper or anything else in it to burn. The fire
extinguisher is located next to the telephone in the livingroom.
7. To use the bathroom shower, pull down on the ring that is on the faucet in the bathtub.
8. The thermostat for the heat is in the hall upstairs. Please water the Plants
9. Do not store trash or leave any refuse on the exterior of the property.
10. Trash pick up day is FRIDAY.The trash goes in the cans located in the alley behind the garage. Please do not
empty the trash or move the trash cans between the quiet hours of 10 pm to 7 am.
11. There is an outside shower by the side of the garage for rinsing off sand I It has hot and cold water.
12. Be aware of the Street Sweeping Signs located on the streets. They specify which day/time you should not
park your car on the street. You will get a ticket from the city of Seal Beach if you are parked on the street
during that time. You will receive one parking permit for street parking.
13. Check out time is no later than 10 am. If you leave before 10 am,please wash the dishes and throw out any
trash. Leave dirty towels on the bathroom floors and used sheets on the bedroom floors. Leave the parking
pass,keys and garage opener by the telephone. Make sure all doors and windows are locked and shut.
ENJOY YOUR STAY11
For questions or emergencies,please contact:
American Beachside Brokers
827 Ocean Avenue, Seal Beach
MELISSA GOMEZ and FRANK CARVAJAL 1888 407 8081
sea lbeach rea I estate Pitma i Lcorn
History of Vacation Rentals at 413 and 413 Y2 Ocean Avenue
Seal Beach, CA
r
w
ss5 e F f
Year Number of Months of the year Total Days Number of Months of Total Days
times rented rented as a vacation per year times rented the year per year
as a rental and number of rented as a as a rented as a rented as a
vacation times per month vacation vacation vacation vacation
rental rental rental rental and number rental
per year per year of times per month
2006 6 times 3 times in July Total=48 days 0 0 0
3 times in August
2007 3 times 1 time in April Total=28 days 0 0 0
2 times in August
2008 2 times 2 times in July Total=35 days 1 time 1 time in July Total=28 days
2009 6 times 3 times in July Total=63 days 1 time 1 time in July Total=14 days
2 times in August,
1 time in Sept.
2010 4 times 3 times in July Total=41 days 1 time 1 time in August I Total=7 days
1 times in August
2011 7 times 4 times in July Total=49 days 2 times 1 time in August Total=14 days
2 times in August, 1 time in Nov.
1 time in Dec.
2012 3 times 2 times in July Total=39 days 2 times 1 time in August Total=21 days
1 time end of July 1 time in Oct.
to August 15
The rest of the year the house:or apartment is either rented long-term,vacant,or family is staying there.
483 Ocean Avenue built in 1910. One wfthe first houses in Seal Beach
Improvements
House purchased In 1990 bwChanloma Sohwmamkovaky
House renovated
Copper pipes Insulation
Electric re-wired Brick courtyard built infront
Kitchen and bath remodeled Renovated back court yard
Exterior painted Re-landscaped
New roof Interior drywall and paint
New flooring and carpeting New forced-air furnace
Converted wood burning fireplace to gas only
ZDO4 House repainted
2005 House transferred to Lenore Schwnankxwskw
Back building with garage apartment renovated after plumbing flood
Since the walls were open due to the flood,vve took the opportunity to
Re-pipe with copper pipes
Rewire the electric in the building
Update the electric with Edison
Relocated and grounded electric meter tocode
Gas updated
Bathroom remodeled with tile
Tiled the kitchen floor
Re-carpeted
Dry-walled and Re-painted
New light fixtures
New wall furnace
New oven
Termites-garage and apartment tented
House
Tiled kitchen floors
New light fixtures
Repainted interior
New oven
Refinished living room floors and stairs
Re-|andscaped,sprinkler and lighting systems
Termites-house tented
Aniericaix Realty Brokers 4
�.a
909 Electric Avenue,Suite 308-2
Seal Beach.CA 90740
October 28,2012
Dear Neighbor,
We would like the opportunity to quickly handle any concerns regarding the tenant activity at
413&4131/2 Ocean Avenue. Below is our contact information. Please notify us immediately of any
noise disturbances or suspicious activities on the property. We are available to respond 24 hours a
clay.We will provide you with an update and resolution for any disturbance you report to us.
Property Manager: v'
Melissa Gomez and Frank Carvajal 1 888 407 8081
sealbeachrealestate mall.com (Melissa's email address)
am erica n beach sidebrokers rn ail.com (Frank's email address)
American Beachside Brokers—827 Ocean Avenue,Seal Beach
Owner:
Lenore Schwankovsky 909 81.9 5491
Thank you, tl �
Melissa Gomez/Frank arvajal
American Beachside Brokers
Broker/Owner
r r.
yr; �•-
c
I f�.
III
Greg Hastings
Subject: FW:Request regarding the November 13 Seal Beach hearing
Attachments: Letter regarding procedures.docx
From: Ims,-chwan@aol.com rmalito:imschwan@aol.coml
Sent:Tuesday, October 30, 2012 9:41 AM
To: Jill Ingram
Subject: Request regarding the November 13 Seal Beach hearing
Ms Ingram:
I am Lenore Schwankovsky,owner of 413 Ocean Avenue.
I am asking for the City officials help with the hearing on November 13, The attached letter is sent
to you, the City Council members,and the City Attorney.
The issue of vacation rentals is very emotional for many Seal Beach citizens and I understand that.
I also want Seal Beach to be peaceful and neighborly. I understand the hearing on November 13 will include the final
hearing for
Ordinance 1624 and the appeal hearing for the CUP that the Planning Commission granted 413 Ocean Ave. on October
3.
My concern is that having both of these issues on the same hearing may be intense. I am wondering if the appeal hearing
for 413 Ocean Ave. could be rescheduled for the December 10 Council meeting. I think it could be possible. I looked and
found
in Chapter 1.20 of the Municipal Code under1.20.010 Council Review, Time and Notice of Hearing, that the city clerk is to
schedule the
council review withing 40 city business days of the motion ordering council review. It is my understanding that the appeal
was filed October 12,
1 think that puts December 10 within the 40 city business days. I will give you a call or you can reach me to let me know
what you think.
Thank you,
Lenore Schwankovsky
413 Ocean Ave.
909 319-5091
October 29,2012
Dear Mr. Barrow, Michael Levitt,Gary Miller, Ellery Deaton, David Sloan, and Gordon Shanks:
I am writing to ask for your help. I am Lenore Schwankovsky,owner of 413 Ocean Avenue and will be
attending the City Council hearing In Seal Beach on November 13,2012 because there Is an appeal to
the Conditional Use Permit for having a Vacation Rental the Planning Commission granted me on
October 3,2012. 1 am writing to ask questions about the structure and purpose of the hearing. This is
new to me so i looked on-line for Information. I have a better understanding now of the purpose of
such hearings. Based on what i have read, I am asking that the city take a strong stand in clarifying the
parameters of such hearings to the attending public that evening and to protect my rights.
First,i have read that there are two types of municipal hearings. The first is a legislative Hearing which
is used to obtain public Input on legislative decisions on matters of policy. The second kind of hearing is
a quasi-Judicial Hearing that Involves due process and the legal rights of specific parties. In this kind of
hearing,the council determines If the applicant Is in compliance with existing ordinances or rules. The
decisions are based on and supported by the "record"developed at the hearing. The hearing I will
participate In November 13,2012 Is a quasi-judicial hearing. The first hearing October 3,2012 was also
a quasi-judicial hearing.
One concept fundamental to quasi-judicial hearings is"decision based on record". I understand that the
decision will be made by the Council based on the documents and testimony presented that evening.
Planning Board staff will present the materials portion of my project. The person appealing will speak. I
will be responsible for any other documents and can present testimony. Citizens can also speak. After
the Council reviews the record presented,the decision Is based on adherence to codes and ordinances.
This is not the forum to challenge or change law,this Is the forum to determine whether an individual
and their property Is in compliance with the law. I am asking that the moderator explain to the public
the distinction between a legislative hearing and quasi-judicial hearing.
Another concept fundamental to quasi-judicial hearings that was new to me is called "Appearance of
Fairness". There were two parts to this. First,decision makers are not permitted to prejudge or have
biases regarding the matter. My impression of the first hearing was that the Planning Commission
members and city attorney were professional and thoughtful. The second part of this concept states
that ex parte communications are prohibited. I am not sure what the parameters are for not talking to
any officials Involved about the specifics of the issue. I did read that once an application is filed, there Is
to be no discussion by the public or applicant with city officials. I had planned to speak with my council
woman but now figure I'd better not. At the beginning of a quasi-judicial hearing,the moderator Is to
ask the voting members If they have had any ex parte communication related to the issue at hand; this
includes written communication, phone calls,or any conversation with an individual citizen. If so,they
are required report any ex parte communication and to share the content. So I am requesting the
appropriate official ask the Council members if they have had any ex parte communication related to my
application for a CUP for Vacation Rental which was filed July 9, 2012,before the hearing October 3,
2012 or before the appeal at my hearing on November 13,2012.
A third request I have is that the city provide written ground rules to the public for the public section of
the hearing that evening. It was a bit overwhelming and unpleasant when people speaking at the
October 3 hearing made statements speculating about my not being caring and Just wanting a vacation
rental to make money. These were not only irrelevant to the hearing, but also false and personal In
nature. There were also many Intense, emotional comments totally unrelated to my application that
would be appropriate in a legislative hearing since the comments were about changing the ordinances
and codes, There were also comments about what people speculated about me and my property,what
people had heard second hand about my property,and people venting their anger at me and the
Planning Commission. It would be calmer and more productive if people were clearly instructed to stay
on the topic at hand,avoid personal comments,and speak to their own direct experience with my
particular vacation rental. So ground rules would help adherence to the procedures required for a
quasi-judicial hearing.
I know that the Issue of vacation rentals Is Intensely Important to many people In Seal Beach. I
understand how having vacation rentals can negatively change a city.I unwittingly walked into this
firestorm.All I am asking is that I have a fair hearing that evaluates whether my application and property
comply with the current codes,ordinances,and policies. If there are changes in the codes and
ordinances related to vacation rentals In the future,I will comply with those.
I request that the City protect my rights at the hearing on November 13, 2012. Stating parameters at
the beginning of the hearing provides clear guidelines to everyone In attendance. It gives the moderator
and city attorney a foundation to respond if someone in the room Is not complying since everyone has
been informed. Minimally, I request that the moderator and city attorney present the following at the
beginning of the hearing 1)define the purpose of the meeting so everyone understands what a quasi-
Judicial hearing is,2) 'Address the appearance of fairness issues,; explain briefly what the appearance of
fairness doctrine requires;ask the members of the hearing body: if they have any interest in the
property or the application or If they own property within a certain distance of the property subject to
the application; if they stand to gain or lose any financial benefit as a result of the outcome of the
hearing;whether they can hear and consider the application In a fair and objective manner; if they have
engaged In any ex parte communications with either proponents or opponents of the application,and if
so, ask them to place on the record the substance of any such communications so that interested parties
have the opportunity at the hearing to rebut the communications". If any council member has had
significant appearance of fairness issues,have them recuse themself from the hearing.(Meinig. Public
Hearings: When and How to Hold Them. Municipal Research and Services Center of Washington.2008.
www.mrsc.org f cuspublhearings.aspx.)3) have written ground rules for public comment handed out
to each person in attendance,4)administer a group oath, 5)monitor the hearing for compliance to the
stated guidelines.
I expect that the Council's decision will be to uphold my right to have a CUP for vacation rental in Seat
Beach based on the current law. The Planning Commission does a thorough job in evaluating each CLIP
application Individually and found that my property qualified. Not only have I done nothing wrong, I am
in compliance with the ordinances and conditions of the CUP approved on October 3, 2012. It is clear
that what I have requested in this letter is fair and legally required. I am asking the City and City Officials
to protect me in this hearing. It should also be clear to you that by implementing my requests,you are
also protecting the City,city officials,and citizens of Seal Beach who do not want vacation rentals in Seal
Beach,as well as citizens who already have CUPs or are waiting for the hearing for their application for a
CUP for vacation rental.
Since I obtained this information it is clear to me that the City officials at the October 3,2012 hearing
were implementing the correct procedures. I very much appreciate that. However,there were
numerous times when the public was speaking,that they did not seem aware of the actual purpose of
the hearing and the ground rules for speaking In a quasi-judicial hearing.I also am not sure they know
about ex parte communications with city officials related to quasi-judicial hearings. If the attending
public is clearly Informed at the beginning about the parameters, It would likely help the hearing go
more smoothly. As stated above,what l like about this approach is that It does not just protect me, it
protects everyone Involved. Please contact me If you have any questions and please let me know that
you have received this and what actions you will be taking.
Respectfully,
Lenore Schwankovsky
Imschwan @aol.com
909 319-5091
Attachment H
Project Plans for 413 ocean Avenue
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