HomeMy WebLinkAboutCC AG PKT 2013-01-28 #L EAt
AGENDA STAFF REPORT
DATE: January 28, 2013
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 DENIAL
OF CONDITIONAL USE PERMIT 12-15, TO ALLOW
THE PROPERTY LOCATED AT 546 OCEAN AVENUE
TO BE RENTED ON A SHORT-TERM BASIS AS A
VACATION RENTAL
SUMMARY OF REQUEST:
That the City Council consider upholding the Planning Commission's denial of
Conditional Use Permit 12-15, for a short-term vacation rental of the property
located at 546 Ocean Avenue.
BACKGROUND AND ANALYSIS:
On October 17, 2012, the Planning Commission conducted a public hearing and
voted 5-0 to deny Conditional Use Permit (CUP 12-15) for a short-term vacation
rental of property within the Residential Low Density (RLD-9) zone at 546 Ocean
Avenue. At the hearing, the Planning Commission received and considered all
evidence presented both written and oral regarding the Conditional Use Permit.
The Planning Commission based its decision on the fact that staff and the Police
Department received complaints about excessive noise at the property on
weekends and weeknights caused by people using the pool and socializing in the
backyard. Please refer to Attachment "C" to review Planning Commission
Resolution No. 12-25 for the findings and determination of the Planning
Commission regarding the CUP denial. Please refer to Attachment "D" to review
the Planning Commission Minutes of October 17, 2012 and to Attachment "E" to
review the Planning Commission Staff Report of October 17, 2012.
Appeal:
On November 19, 2012, the City Clerk received a request for appeal of the
Planning Commission's decision from the property owner John Lima, 546 Ocean
Avenue. (Please refer to Attachment "B".)
Agenda Item — L
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. The appellant's appeal
states:
• "insufficient facts/evidence;
• Intensity of Use;
• Conflicting findings within the staff report;
• The site is not physically adequate for the type, density, and Intensity of
the residential use; and
• The use of the property is not detrimental to the health, safety and welfare
of persons residing in the vicinity."
Proiect Characteristics:
• The property is 30' x 196' in size and comprises 5,880 square feet in area.
It is developed with a three level, five bedroom single-family dwelling with
an attached two-car garage and adequate space to park two additional
cars within the driveway area.
• The subject property was issued a business license to operate as a
vacation rental in December 2010.
• In 2012, the Police conducted six (6) service calls to the subject location.
Conditional Use Permit Findings:
The City may conditionally approve a CUP only if the City can make certain
findings to ensure compatibility. Seal Beach Municipal Code Section
11.5.20.005(B) provides that an application for a CUP requires special
consideration to ensure that a proposed use can be designed, located, and
operated in a manner that will be compatible with the City. Seal Beach Municipal
Code Section 11.5.20.020(A) provides a CUP can only be granted if the
reviewing body finds, based upon evidence presented at the hearing, the
proposal as submitted, or as modified, conforms to all of the following criteria:
ill. 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;
Page 2
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."
Planning Commission Findings:
The Planning Commission found, based upon evidence presented at the public
hearing, that:
1. Use of the subject property as a short term vacation rental would not be
consistent with the General Plan because it is already used by the owners
for a variety of personal and charitable events and allowing additional
short term vacation rentals would only exacerbate the adverse noise,
parking, and other impacts that are incompatible with the residential
designation of the neighborhood.
2. The site is not physically adequate for the type, density and intensity of
use being proposed, including provision of services and the absence of
physical constraints because neighboring residences are so close that
there can be no effective buffer for the sort of noise and other land use
impacts created by short term occupancy.
3. The location, size, design, and operating characteristics of the proposed
use would not be compatible with and will not adversely affect uses and
properties in the surrounding neighborhood because the size and location
of the subject property make it uniquely attractive to large groups of short
term visitors. Allowing vacation renters would increase the number and
frequency of visitors' guests and therefore exacerbate noise, traffic and
other land use impacts.
4. The establishment, maintenance, or operation of the proposed use at the
location proposed would be detrimental to the health, safety, or welfare of
persons residing or working in the vicinity of the proposed use because it
is already used on a short term basis by the owners and their business
clients for parties and charitable events in a manner that creates adverse
impacts, and adding short term vacation renters would only exacerbate
these problems.
Staff concurs with the Planning Commission findings.
Page 3
ENVIRONMENTAL IMPACT:
If the Council upholds the Commission's decision, the decision would be exempt
from the California Environmental Quality Act ("CEQA") pursuant to CEQA
Guidelines, Section 15270, because CEQA does not apply to project that a public
agency rejects or disapproves.
LEGAL ANALYSIS:
Pursuant to the City's municipal code and applicable state law, the City may
uphold, overturn or modify the Commission's decision. If the Council overturns
the decision, it may impose reasonable conditions upon the CUP designed to
ensure that the proposal conforms in all significant respects to the Seal Beach
General Plan and to all other applicable plans and policies adopted by the City
Council and to mitigate any potential impacts.
FINANCIAL IMPACT:
Not applicable.
RECOMMENDATION:
Staff recommends that the City Council, after considering all relevant testimony,
written and oral presented during the public hearing, direct staff to prepare a
resolution upholding the Planning Commission's denial of Conditional Use Permit
12-15.
WITTED BY: NOTED AND APPROVED:
Qaaaw
rasha'm, V JQLW. Ingram, City ana er
irector of Community Development
Attachments:
A. Appeal of John Lima received November 19, 2012
B. Planning Commission Resolution No. 12-25
C. Planning Commission Minutes of October 17, 2012
D. Planning Commission Staff Report Dated October 17, 2012
E. Seal Beach Police Department Calls for Service
F Aerial Map - 546 Ocean Avenue
Page 4
Attachment A
Appeal of Jahn Lima received
November 19, 2012
RECEIVED
APPEAL APPLICATION NOV .19 2012
4..aa...
TO CITY COUNCIL ITYO`SEAL BE CH
_ . f r.Office Use Only.
Planning Commission Date: :: ': Plarinirig Comm. Resoldtlo'n No
Planning Commission Action: Approval. :D�niai Other
Date Appal Filed: : City Council Date;
Notice Dater
City Council Actiari: Resofutiali.NQ..;
1. Property Address: 5 4 Le 0 CC A N) A E.
2, Applicant's Name: - CO- K( L1 MA
Address: 150 S , mV--V--Lord i? AyE _ MQQgo°J to CI 9-t o i n
Work Phone: (�zt�} 3� 42& Mobile: }fit - -CCU
Home Phone: ( } FAX: { } UZ6 - SOS-"7r42.
3. Property Owner's Name: JO[QQ LIMA � �i�� 5I+ LL(.
Address: 154 1 4 s t-i t t i)\)E Mork)[ cN A , C A 91101
Horne Phone:
4.- The undersigned hereby appeals the following described action of the Seal Beach
Planning Commission concerning Public Hearing No. 12..--
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§1.20.005.D. Appeal Contents)
(Sig rfatu re o plicant) (Sign4ture ofbwner)
30 i{t) t_IMA 30H,r) L-.lrv1A
(Print Name) (Print Name)
i � S9 52. II � Ir1 � 1z
(Date) I (Date) '
ATTACHMENT TO APPEAL TO CITY COUNCIL
CUP 12-15
Property Owner: John Lima/Seal 546, LLC
Property Address: 546 Ocean Avenue, Seal Beach
To the Mayor and Members of the City Council:
1. 1, John Lima, on behalf of Seal 546, LLC respectfully submit this Appeal to the
Resolution of the Planning Commission of the City of Seal Beach, denying my request
for a Conditional Use Permit (CUP), permit 12-15 for a Short Term Rental located at
546 Ocean Avenue, Seal Beach.
2. On October 17, 2012 my application for a CUP came before the Planning
Commission at a noticed public hearing. The Resolution denying my CUP application
was not approved until November 7, 2012. The reason for the delay was that the Staff
Report recommended approval of my CUP with conditions that would eliminate or
mitigate the concerns Staff had about the use of the property and the concerns raised
by members of the public and the Commissioners. Staff submitted a proposed
Resolution granted the CUP with conditions on October 17, 2012, but because the
Commission disagreed with Staff's recommendations, the Resolution required
modification and was brought before the Commission on November 7, 2012 for
approval.
3. This Appeal is timely, based upon an email I received from Mr. Hastings, which
stated that I had until November 19, 2012 to file this Appeal.
4. The basis of my appeal is that there was insufficient facts/evidence before the
Commission do support the findings required by California law and the Seal Beach
Municipal Code in order to deny my CUP application.
5. The Resolution, 12-25, denying my CUP states that use of my property as a short
term vacation rental is inconsistent with the General Plan solely on the basis that I
sometimes use it for personal and charitable events which the Commission incorrectly
concluded would exacerbate adverse noise, parking and other impacts. However, the
only known complaints relate to my personal use of the property, not by vacation rental
tenants. Simply stated, there was no evidence presented that there have been any
noise or other public nuisance complaints by any of my short term, vacation rental
tenants. Staff's recommended conditions included prohibiting renting my property for
charitable events, weddings, etc. This condition would eliminate any adverse impact on
the neighbors. The verifiable FACTS of the case are indisputable. According to
calendars, CCTV tapes and home automation usage reports, during 2012 the home
was rented 36% or 19 weeks, the home was for personal use for 5 weeks or 10% and
the home was completely dark (empty/no use) for 28 weeks or 55%. Of the 36% the
home was rented, 8 of the weeks were 30 days or more. In short, the home was dark
more use than in use. Hardly the high impact use the Planning Commission was lead to
believe by unverifiable public comments. In the 5 years of owning the home, we have
held wonderful 3 events. Our open house party in 2008 of which some of the neighbors
attended, another small event in summer of 2011 of less than 50 people and one this
past September. That equates to less than one half a percent during the total time of
owning the home. Again, hardly the high impact use on which the Planning
Commission based its denial as the home is verifiably and factually sitting idol more
than it is being used.
6. 1 was not provided copies of any such complaints to the Seal Beach Police
Department although I am told Staff had copies of those complaints, making it difficult, if
not impossible, for me to respond to those complaints. I did receive as part of the Staff
Report copies of letters from neighbors who raised complaints about weddings and
what may be special events. Although no specific dates for these events were identified
and no police report or other record documenting the date of these events, Staff's
recommended conditions for my CUP included a. statement that the issuance of the
CUP did not authorize the use of the property as a venue for special events or
gatherings, such as weddings, anniversaries, parties, etc. nor do I allow these events as
we do not allow the home to be used for any type of party or large gathering as stated in
our lease agreement and all correspondence leading up to a lease agreement. All 3
events over the past 5 years were from personal use. One was a charity/open house
when we bought the home, the second and third were both receptions for extended
family members of which I can prove by provided the invitations showing date and
times. Again, I do not rent the home for parties, weddings or any type of gathering. I
understand this limitation on the issuance of the CUP and will abide by that condition.
My desire is to be a good neighbor. In -the event that I may want to schedule a special
event for personal use, that I will obtain the necessary permits from the City and take all
necessary precautions to limit noise or any other conduct that might adversely affect my
neighbors as I have done in the past. Staff's recommended condition would seem to
address the concerns from the neighbors that either testified at the hearing or submitted
letters. Prior to public hearing for the CUP, I had NEVER received a complaint,
comment, letter, or phone call from anyone in the neighborhood or city regarding the
usage of my home.
7. Staffs other conditions imposed on the CUP are either the "standard conditions" or
include a limit on the minimum length of a vacation rental, to no less than 4 consecutive
nights. I assume that this limitation was made to avoid the weekend party groups that
seem to be the biggest-trouble makers for other vacation rental units. I agree to that
condition as well as we have almost always instituted a minimum week stay.
8. 1 certainly question the denial by the Planning Commission to my CUP when Staff,
the department that is charged with investigation these matters in a professional and
objective manner, recommended approval with conditions that clearly addressed the
concerns raised by those in opposition to my request.
9. It is not my intention to criticize or chastise the Planning Commissions for their
decision. This is a difficult problem, caused, I believe, by maybe one existing vacation
rental property that has caused enormous problems with its neighbors. I am informed
that there are at least 23 complaints about that property in the last five (5) years I
assume that these complaints were all filed or registered with the police department.
Until the public notice, there is not been one verifiable complaint, written, filed, oral or
otherwise in the 5 years I have owned the home. During several private meetings with
staff and city council regarding the CUP process, at no time during these lengthy and
informative meetings was my home brought into question for its usage. Nor was there
any mention of my home being a problem or any complaints directed towards my home
from staff, city attorney or city council.
10. 1 must point out that if I am occupying my own home, with my family or friends, not
renting it to vacation renters that I should be allowed to use it like my neighbors use
their homes. If there is too much noise or other annoying activities when I am there, I
will respect the wishes of my neighbors if they bring this to my attention although no one
have ever brought any disturbance or any unhappiness to my attention until the public
hearing. With the minimum side yard setbacks in the City, it is nearly impossible to
prevent some noise from music, television or occupants carrying over to my neighbors.
But I should not be punished or denied a CUP to rent it on a short term basis, simply
because when I am there, I or others in my home are making noise or playing music
which may bother my neighbors. The focus of the CUP and the findings relate only to
disturbances cause by short term renters, not by the owners when they chose to use
their own property. The City already has a Noise and Public Nuisance Ordinance to
control such use by owners using their own property.
11. It appears that the Planning Commission denied by CUP because of complaints by
neighbors when I am using my property. I am unaware of any complaints when it is
used by short term vacation renters. If I decide to use it for a wedding or other event, I
will follow all of the rules and regulations, including obtaining permits, so as not to
disturb my neighbors. Even if there was no special use permit for such events, I would
and will be mindful of the possibility of disturbing my neighbors and take every
reasonable precaution to avoid any problems.
12. 1 must also disagree with another"finding" by the Planning Commission contained
in their Resolution denying my CUP. I challenge the "finding" that the site is not
adequate to use as a vacation rental until. It has plenty of parking, particularly given the
occupancy restrictions imposed by the recommended conditions contained in the Staff
report. And of course, the homes in my area and throughout the City have minimal
setbacks, so that homes or other residential structures can be placed as close as six (6)
feet apart. Such is the nature of beach property. Minimal setbacks exist in almost all
beach front communities, a natural condition since people pay a great sum of money to
buy the land, the lots are sometimes small and the owners want to construct a home
that they desire and feel comfortable. My neighbors have the same setbacks and must
recognize that when they purchased their homes that all of the beach front homes are
close together. They certainly had to expect that there is no effective way to prevent
some noise or disturbances, except to build sound proof walls, double pane windows
and staff indoors with all of the windows and doors closed. I doubt that they bought
these homes contemplating this type of use; they wanted to enjoy the ambiance of the
ocean, the sunset, the fresh air and the luxury of living in a beach front home. They
chose to endure some noise due to the minimal setbacks in exchange for the enjoyment
of living at the beach, with all of the other benefits with a beach front home. It is a trade-
off, that they chose to make.
13. 1 doubt that they would want to be restricted to their use of their home like they want
me to endure. I agree to the conditions recommended by Staff for approval, which are
more restrictive than my neighbors have. That's my trade-off for being able to rent my
home for short term renters.
14. 1 respectfully request that the City Council overrule the Planning Commission and
grant/approve my CUP subject to the conditions recommended by Staff in their report to
the Planning Commission for the hearing on October 17, 2012 and I ask that you allow
the simple due process for the CUP system the council voted to enact based on the
facts presented.
Dated: h 2 By:
John Lima
Attachment B
Planning Commission
Resolution No. 12-25
RESOLUTION NUMBER 12-25
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL
BEACH DENYING CONDITIONAL USE
PERMIT 12-15 FOR A SHORT TERM
VACATION RENTAL AT 546 OCEAN
AVENUE, SEAL BEACH
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH
DOES HEREBY FIND AND RESOLVE:
Section 1. On July 10, 2012, John Lima ("the applicant")
submitted an application to the City of Seal Beach Department of Development
Services for Conditional Use Permit (CUP) 12-15 to allow a short term vacation
rental in the Residential Low Density (RLD-9) zone at 546 Ocean Avenue (the
"subject property„).
Section 2. A duly noticed public hearing was held before the
Planning Commission on October 17, 2012 to consider the application for
Conditional Use Permit 12-15. At the Public Hearing, the Planning Commission
received and considered all evidence presented, both written and oral, regarding
the subject application. The record of the hearing includes the following facts,
which the Planning Commission finds to be true and correct:
a. The subject property is located in the RLD-9 area of Old
Town Seal Beach, which is characterized by large beachfront residential lots and
is commonly referred to as the "Gold Coast."
b. The subject property is presently developed with a three-
level, five bedroom single-family dwelling, with a two-car garage and a swimming
pool in the backyard. It is owned by Seal 546 LLC, which is a corporation
controlled by the applicant and his business partner.
C. The surrounding land uses and zoning are as follows:
NORTH: Single and Multi-family residences in the
Residential High Density (RHD-20) zone.
SOUTH: Public beach; Pacific Ocean
EAST: Single family residences in the Residential Low
Density (RLD-9) zone.
WEST: Single family residences in the Residential Low
Density (RLD-9) zone.
8
d. The applicant and his business partner occupy the property
intermittently. When neither of them is occupying the property, they make the
property available for business clients, charitable events, and vacation renters.
Due to its location on the Gold Coast, the property is a uniquely attractive venue
for events and large gatherings of visitors and guests. The subject property is
therefore used much more intensely and by more persons than is typically the
case with single-family residential properties.
e. The owners have had a business license for short term
vacation rentals at the property since December 2010.
f. Planning staff and the Seal Beach Police Department have
received complaints about excessive noise at the subject property on weekends
and weeknights caused by people using the pool and socializing in the backyard.
The Seal Beach Police Department has also responded to at least one complaint
of excessive noise at the property within the past 60 days.
g. Neighboring residents have complained that people using
the house often stay out in the backyard at late hours any given day of the week
and that this is incompatible with the neighboring residential uses, which are
home to children and to adults who generally work during the week. They have
also complained that the intense use of the subject property by transient visitors
and guests has created negative off-street parking impacts for full-time residents.
Section 3. Based upon the facts contained in the record,
including but not limited to those stated in the preceding Section of this
Resolution, and pursuant to Chapter 11.5.20 of the Seal Beach Municipal Code,
-the Planning Commission makes the following Findings:
a. Use of the subject property as a short term vacation rental
would not be consistent with the General Plan because it is already used by the
owners for a variety of personal and charitable events and allowing additional
short term vacation rentals would only exacerbate the adverse noise, parking,
and other impacts that are incompatible with the residential designation of the
neighborhood.
b. The site is not physically adequate for the type, density and
intensity of use being proposed, including provision of services, and the absence
of physical constraints because neighboring residences are so close that there
can be no effective buffer for the sort of noise and other land use impacts created
by short term occupancy.
C. The location, size, design, and operating characteristics of
the proposed use would not be compatible with and would adversely affect uses
and properties in the surrounding neighborhood because the size and location of
the subject property make it uniquely attractive to large groups of short term
visitors. Allowing vacation renters would increase the number and frequency of
9
visitors and guests and therefore exacerbate noise, traffic and other land use
impacts.
d. The establishment, maintenance, or operation of a short
term vacation rental at the subject property Would be detrimental to the health,
safety, or welfare of persons residing or working in the vicinity of the proposed
use because it is already used on a short term basis by the owners and their
business clients for parties and charitable events in a manner that creates
adverse impacts, and adding short term vacation renters will only exacerbate
these problems.
Section 4. Based on the findings made in the preceding Section
of this Resolution, the Planning Commission hereby denies Conditional Use
Permit 12-15, and further finds and declares it would have denied the application
based on any one of the four findings made in the preceding Section, each of
which is considered by the Planning Commission to be sufficient alternative
grounds for denying the CUP.
PASSED, APPROVED AND ADOPTED by the Planning Commission of
the City of Seal Beach at a meeting thereof held on the 7th day of November,
2012, by the following vote:
AYES: Commissioners e 6.1 V1
NOES: Commissionersrx�t J1 Commissioners Pon
ABSTAIN: Commissioners �Dnt,
Sandra Massa-Lavitt
Planning Commission Chairwoman
ings
Secretary of the Planning Commission
10
Attachment C
Planning Commission Minutes of
October 17, 2012
City of Seal Beach - Planning Commission
October 17, 2012
Chair Massa-Lavitt called the regular meeting of the Planning Commission to
order at 7:30 pm. in the City Council Chambers and 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
Cummings moved, second by Goldberg, to approve the agenda as presented.
AYES: Cummings, Everson, Galbreath, Goldberg, Massa-Lavitt
NOES: None Motion Carried
ORAL COMMUNICATIONS
Chair Massa-Lavitt opened oral communications. Speakers: Mike Buhbe,
Central Way, indicated that technology for parking control is available that can be
used for off street parking for vacation rentals. There being no other speakers,
Chair Massa-Lavitt declared oral communications closed.
CONSENT CALENDAR
1. Planning Commission Meeting Minutes
Goldberg moved, second by Everson, to approve the minutes of Planning
Commission Meeting of October 3, 2012.
AYES: Cummings, Everson, Galbreath, Goldberg, Massa-Lavift
NOES: None Motion Carried
SCHEDULED MATTERS
There were no matters for consideration at this time.
Page 2 — Planning Commission 10/17/12
PUBLIC HEARINGS
2. Conditional Use Permit 12-17 Property: 226 4th Street
Applicant: Brent Sears
Owners: Bob and Cathy West
Request: For a Conditional Use Permit (CUP) to allow a second
floor, detached guest room to a nonconforming property
within the Residential High Density (RHD-20) zone at 226
4'h Street.
Recommendation: Approve CUP 12-17, subject to conditions.
Commissioner Goldberg recused himself from this item; his residence is within
500 feet of the subject property; and left the Council Chambers at 7:32 p.m.
The Senior Planner provided the staff report: An application for a CUP was
submitted to allow a guest room and an expansion to a non-conforming single-
family dwelling at 226 4th Street.
Chair Massa-Lavitt opened the public hearing. Speakers: Bob West, owner, was
present to answer any question and Brent Sears, the owner's architect, provided
the background of the request, stated that the owners have never used the
property as a rental property and will not be using it as a rental (used by family
members), and agreed to all the conditions of the CUP. There were no other
speakers. Chair Massa-Lavitt closed the public hearing.
After Commissioners received clarification; Everson moved, second by
Galbreath, to adopt Planning Commission Resolution No. 12-28 approving
Conditional Use Permit 12-17,
AYES: Cummings, Everson, Galbreath, Massa-Lavitt
NOES: None
ABSTAIN: Goldberg Motion Carried
The Assistant City Attorney advised that the approval of Conditional Use Permit
12-17 and adoption of Resolution No. 12-28 begins a 10-day appeal period to the
City Council. The Commission action tonight is final and the appeal period
begins tomorrow morning.
Commissioner Goldberg returned to the Council Chambers at 7:44 p.m.
3. Conditional Use Permit 12-20 Property: 1115 & 11151/2 Seal Way
Applicant. Alexander Yoffe
Owner: Harold B. Rothman
Request: For a Conditional Use Permit (CUP) to allow a short-term
vacation rental property within the Residential High Density
(RHD-20) zone at 1115 & 1115% Seal Way.
Page 3 - Planning Commission 10/17/12
Recommendation: Due to an error with the radius map, this project will need
to be re-noticed for a future meeting.
The Senior Planner announced that Conditional Use Permit 12-20 has been re-
noticed and rescheduled for the November 7th Planning Commission meeting.
4. Conditional Use Permit 12-15 Property: 546 Ocean Avenue
Applicant: John Lima
Owner: Seal 546, LLC
Request. For a Conditional Use Permit (CUP) to allow a short-term
vacation rental property within the Residential Low Density
(RLD-9) zone at 546 Ocean Avenue.
Recommendation: Approve CUP 12-15, subject to conditions.
The Senior Planner provided the staff report: -rho subject property is presently a
three-level, 5 bedroom, 3% bathrooms, single-family dwelling with an attached
two-car garage with adequate space to park two additional cars within the
driveway area— existing vacation rental since 2010— conditions #6 (shall not rent
or lease less than 4 consecutive nights), #8 (maximum of 2 guests per bedroom),
and #23 (concerning noise and complaints) of Planning Commission Resolution
No. 12-25 were highlighted. Additional letters (5 in opposition and 1 in support)
were received and copies were placed at the dais for Planning Commissioners
and staff recommends approval subject to conditions.
Chair Massa-Lavitt opened the public hearing. Speakers: John Lima,
applicant/owner and partner in Seal 546, LLC, expressed that he was not in favor
of the CUP process but is willing comply and provided the background regarding
the activities at the residences. There were 11 speakers in opposition to the
approval of CUP 12-15 and 2 speakers that expressed their concerns. John
Lima responded to the concerns expressed by the speakers and further
questions by Commissioners. Chair Massa-Lavitt closed the public hearing.
Planning Commission concerns and comments:
• Mixed use of property— private vs. short term rental;
• CUP only addresses the use as a short term rental of the property and not
for private use;
• Private use activities may be causing the neighbors' concerns;
• Intense private use and determining when property is used as rental;
® How to notify the neighbors when it is used as short-term rental;
• Condition #2 (not authorized to use as a rental venue for special events);
• Can only determine if the conditions are enforced if the neighbors call the
police of any violations;
• Owners do not reside at property— can be seen as renters;
• Intensive use by owners for fund raisers, private parties, and allowing
friends, family members, and business clients to stay at the property; and
Page 4 — Planning Commission 10/17/12
• This property is unique in the use and does not seem that the conditions
would work.
Everson moved, second by Cummings, directing staff to bring a resolution
denying CUP 12-15 with findings in support thereof based on the evidence
presented to the next Planning Commission meeting.
AYES: Cummings, Everson, Galbreath, Goldberg, Massa-Lavitt
NOES: None Motion Carried
The Assistant City Attorney stated that there will be no further public hearing on
this item and staff will provide a resolution at the next Planning Commission
meeting for the Planning Commission to take formal action in denying CUP 12-15
and at that time the Planning Commission decision would be appealable to the
City Council.
With no objections Chair Massa-Lavitt called for a recess at 9:20 p.m. and
reconvened the meeting at 9:25 p.m.
5. Zone Text Amendment 12-2— Residential Roof Decks (Citywide)
Request: For a Zone Text Amendment to amend certain sections of
Title 11 of the Seal Beach Municipal Code, regarding
Residential Roof Decks.
Recommendation: Adopt Resolution Number 12-26, recommending to the
City Council the approval of Zone Text Amendment 12-2
regarding Residential Roof Decks.
The Interim Director of Community Development provided the staff report: The
City Council directed the Planning Commission to develop criteria regulating
placement of items on residential roof decks -- Planning Commission held 2
public hearings — before the Commission is a draft resolution to recommend to
the City Council the approval of Zone Text Amendment 12-2 adding language to
Section 11.2.05.0153 of the Municipal Code "Roof Decks. Roof Decks are allowed in
the residential districts pursuant to Table 11.2.05.015: Development Standards for Residential
Districts. Detached canopies are permitted on roof decks provided that canopies -greater than
900 sauare feet in area are permitted only if they are collapsible. and maintained below the height
limit when not in use. In addition, all required roof deck railings in accordance with the provisions
of the California Building Code shall not exceed the height limit provisions of Table 11.2.05.015.
The provisions of Section 11.2.05.015.1: Projections are not applicable to roof decks."
Chair Massa-Lavitt opened the public hearing. Speakers: Mike Buhbe, Central
Way, stated there needs to be a limit to the number of canopies allowed and that
detached canopies be weighted or tied down as to not blow off the roof deck and
cause harm or damage to any person below; Mark Loopesko, 7th Street, inquired
about the number of pop-ups allowed on the roof deck; and George Moreno,
Seal Beach, received clarification of "in-use" and their current canopy is 12x12 in
size. There were no further speakers -- Chair Massa-Lavitt closed the public
hearing.
Page 5 - Planning Commission 10/17/12
After Commission comments the resolution was amended to increase the size of
the detached canopies to 150 square feet, and it was determined further
language of intent is needed before a recommendation can be sent to the City
Council.
Massa-Lavitt moved, second by Cummings, to approve Zone Text Amendment
12-2 regarding residential roof decks with a statement of intent to be included
and amend to increase the size of the detached canopies to 150 square feet and
direct the Assistant City Attorney to bring back the revised language to the
Resolution No. 12-26 and place it on the next Planning Commission consent
calendar.
AYES: Cummings, Everson, Galbreath, Goldberg, Massa-Lavitt
NOES: None Motion Carried
DIRECTOR'S REPORT
The Interim Director stated that an appeal was submitted for the property on 413
Ocean (CUP 12-10 vacation/short-term rental) and will be on the November 13,
2012 City Council agenda; the public hearing on the ordinance prohibiting future
vacation/short-term rentals will be on the October 22, 2012 City Council agenda;
and the Senior Planner provided an update on up-coming Planning Commission
meetings.
COMMISSION CONCERNS
Commissioner Galbreath inquired about the progress of the Rite Aid store and
Chick-fil-A located at the Rossmoor Center.
ADJOURNMENT
With no objections, Chair Massa-Lavitt adjourned the Planning Commission
meeting at 10:00 p.m.
h
City Clerk
Approved:
Chair
Attest: Lill, P
City`Clerk
Attachment D
Planning commission Staff Report
Dated October 17, 2012
October 17, 2012
STAFF REPORT
To: Honorable Chairwoman and Planning Commission
From: Department of Community Development
Subject: Conditional Use Permit 12-15
546 Ocean Avenue
GENERAL DESCRIPTIONJ
Applicant: JOHN LIMA
Owner: SEAL 546, LLC
Location: 546 OCEAN AVENUE
Classification of RLD-9 (RESIDENTIAL Low DENSITY)
Property:
Request:Request: FOR A CONDITIONAL USE PERMIT (CUP) TO ALLOW A SHORT-
TERM VACATION RENTAL PROPERTY WITHIN THE RESIDENTIAL
Low DENSITY(RLD-9) ZONE.
Environmental Review: THE PROPOSED PROJECT IS CATEGORICALLY EXEMPT FROM
ENVIRONMENTAL REVIEW, PURSUANT TO CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES,
SECTION 15303, NEW CONSTRUCTION OR CONVERSION OF
SMALL STRUCTURES; AND SECTION 15305, MINOR
ALTERATIONS IN LAND USE LIMITATIONS.
Code Sections: CHAPTERS 11.2.05; 11.4.05.135; AND 11.5.20 OF THE SEAL
BEACH MUNICIPAL CODE
Recommendation:, APPROVE CLIP 12-15, SUBJECT TO CONDITIONS. APPROVAL
SHOULD BE THROUGH THE ADOPTION OF PLANNING
COMMISSION RESOLUTION No. 12-25.
Z:\Conditional Use Permits\CUP 12-15 546 Ocean Avenue(Vacation Rental)\CUP 12-15 546 Ocean Avenue PC Staff Report.doc
Planning Commission Staff Report
Conditional Use Permit 12-15
546 Ocean Avenue
October 17, 2012
FACTS
1
❑ On July 10, 2012, John Lima ("the applicant") filed an application with the
Department of Community Development for Conditional Use Permit 12-15 for a
short-term vacation rental property at 546 Ocean Avenue.
❑ The Municipal, Code allows short-term vacation rentals within the RLD-9 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-
115-07; is 30'-0" x 196'-0" in size; and comprises 5,880 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: Public beach; Pacific Ocean.
EAST: Single-family residences in the Residential Low Density
(RLD-9) zone.
WEST: Single-family residences in the Residential Low Density
(RLD-9) zone.
❑ The subject property is presently developed with a three-level, five bedroom
single-family dwelling with an attached two-car garage and adequate space to
park two additional cars within the driveway area.
❑ The subject property was issued a business license to operate as a vacation
rental in December 2010.
❑ Since being granted a City business license for a short-term vacation rental
property in 2010, the subject property has had one police call for service
(disturbing the peace) in September 2012.
'L-4
❑ As of October 11, 2012, Staff has received one email and one letter from an
adjacent resident, in response to the hearing notices that were mailed out and
published for the proposed project.
2
Planning Commission Staff Report
Conditional Use Permit 12-15
546 Ocean Avenue
October 17, 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 CLIP 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, which became effective in January
2011. At that time, Title 11 allowed previously existing, licensed vacation rentals to
continue operating without a CUP as legal, nonconforming uses provided they
maintained the appropriate business license.
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 interim ordinance that eliminated the 'grandfathering' provision for those
existing vacation rental properties that were previously grandfathered and required that
all existing licensed vacation rental properties be required to obtain a CUP. This
specific application is to allow an existing (previously 'grandfathered') short-term
vacation rental property (renting for periods less than 30 days) within an existing, single-
family dwelling at 546 Ocean Avenue.
3
Planning Commission Staff Report
Conditional Use Permit 12-15
546 Ocean Avenue
October 17, 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 two guests per bedroom, for a total of ten
overnight guests on the premises. The house is comprised of five bedrooms, three and
one half bathrooms, a two-car garage, and room for an additional two off-street parking
spaces in the driveway. Staff is recommending that the garage be kept free and clear
of any obstructions that would prevent the occupants' automobiles from utilizing the
4
Planning Commission Staff Report
Conditional Use Permit 12-15
546 Ocean Avenue
October 17, 2012
garage for parking at all times. While there has been one recent police call for service
pertaining to noise, as well as a claim by an adjacent neighbor that an unauthorized
special event recently took place at the property, staff believes that a CUP for the
subject request will now give the City a mechanism to enforce conditions, up to and
including possible revocation of the CUP, should the applicant or tenants fail to abide
by the conditions imposed. 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.
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
12-15, subject to conditions as proposed and as may be amended by the Planning
Commission.
Staff's recommendation is based upon the belief that positive findings can be made for
all findings of approval as required by applicable sections of the Zoning Code.
5
Planning Commission Staff Report
Conditional Use Permit 12-15
546 Ocean Avenue
October 17, 2012
For: October 17, 2012
4
,J,e*'e
liverg, AICP
Se ior�p lanner,
Department of Community Development
Attachments:(4)
Attachment 1: Resolution No. 12-25, A Resolution of the Planning Commission
of the City of Seal Beach, approving Conditional Use Permit 12-
15, for the establishment of a short-term vacation rental
property, within the Residential Low Density (RLD-9) zone at
546 Ocean Avenue, Seal Beach.
Attachment 2: Interim Ordinance Number 1619-U regarding short-term
vacation rental properties.
Attachment 3: Email and letter received from adjacent neighbor regarding the
property at 546 Ocean Avenue.
Attachment 4: Project Plans
Planning Commission Staff Report
Conditional Use Permit 12-15
546 Ocean Avenue
October 17, 2012
ATTACHMENT °I
RESOLUTION NUMBER 12-25, A RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY
OF SEAL BEACH APPROVING CONDITIONAL
USE PERMIT 12-15, FOR THE ESTABLISHMENT
OF A SHORT-TERM VACATION RENTAL
PROPERTY, WITHIN THE RESIDENTIAL LOW
DENSITY {RLD-9} ZONE AT 545 OCEAN
AVENUE, SEAL BEACH.
7
Planning Commission Staff Report
Conditional Use Permit 12-15
546 Ocean Avenue
October 17, 2012
RESOLUTION NUMBER 12-25
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
APPROVING CONDITIONAL USE PERMIT 12-15,
TO ALLOW A SHORT-TERM VACATION RENTAL
PROPERTY, WITHIN THE RESIDENTIAL LOW
DENSITY (RLD-9) ZONE AT 546 OCEAN
AVENUE, SEAL BEACH
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On July 10, 2012, John Lima ("the applicant") filed an application
for Conditional Use Permit (CUP) 12-15 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 Low Density (RLD-9) zone at 546 Ocean
Avenue.
Section 3. Pursuant to Title 14 Calif. Code of Regs. § 15303 and § 15305,
staff has determined as follows: The application for Conditional Use Permit 12-15 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 17, 2012, to consider the application for Conditional Use
Permit 12-15. 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 17, 2012 indicates the
following:
a. On July 10, 2012, the applicant filed an application for Conditional Use
Permit 12-15 with the Department of Community Development.
b. The applicant is requesting approval to operate a short-term vacation
rental property within the Residential Low Density (RLD-9) zone at 546 Ocean Avenue,
Planning Commission Staff Report
Conditional Use Permit 12-15
546 Ocean Avenue
October 17, 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 "Gold
Coast".
e. The subject property is described as Orange County assessor's parcel #
199-115-07; is 30'-0" x 196'-0" in size; and comprises 5,880 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: Public beach; Pacific Ocean.
WEST: Single-family residences within the Residential Low
Density (RLD-9) zone.
EAST: Single-family residences within the Residential Low
Density (RLD-9) zone.
9- As of October 11, 2012, Staff has received one email and one letter from
an adjacent resident, in response to the public hearing notices that were mailed and
published for the proposed project.
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 12-15, as conditioned, is consistent with the provisions of the Land
Use Element of the City's General Plan, which provides a Low Density
Residential designation for the subject property;
b. Conditional Use Permit 12-15 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;
9
Planning Commission Staff Report
Conditional Use Permit 12-15
546 Ocean Avenue
October 17, 2012
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 12-15, subject to the following conditions:
1. Conditional Use Permit 12-15 is approved for the operation of a short-term
vacation rental within the Residential Low Density (RLD-9) zone at 546 Ocean
Avenue.
2. This Conditional Use Permit does not authorize the property for use as a venue
for special events or gatherings for occasions such as weddings, anniversaries,
parties, or similar type functions.
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. The property owner shall not rent or lease the property for periods of less than
four (4) consecutive nights.
7. Visitor occupancy shall be limited to a maximum stay of 29 consecutive days.
8. There shall be no more than a total of two overnight guests per bedroom on the
property, for a maximum occupancy of ten (10) total overnight guests.
in
Planning Commission Staff Report
Conditional Use Permit 12-15
546 Ocean Avenue
October 17, 2012
9. 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.
10. The property owner shall comply with the annual fire and life safety certification
procedures of the Orange County Fire Authority.
11. First-day arrival at a vacation rental is prohibited after 9:30 p.m. All lease or
rental agreements must include this prohibition.
12. The two car garage and two car driveway shall remain free and clear of any and
all obstructions that may preclude occupants from utilizing the garage and
driveway spaces for parking and shall remain available for any occupants to use
for parking vehicle.
13. Occupants must vacate the unit before noon on their final day of tenancy.
14. 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.
15. 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.
16. 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
11
Planning Commission Staff Report
Conditional Use Permit 12-15
546 Ocean Avenue
October 17, 2012
devices, that create a disturbance in violation of Chapter 7.45 of the Seal
Beach Municipal Code.
c. Notification that the occupant participate in neighborhood quiet hours by
avoiding loud activity 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.
17. 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.
18. 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.
19. Upon any change in ownership of the property, the new property owner(s) are
subject to all conditions listed under CUP 12-15, 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.
20. No trash disposal activities may occur between the hours of 10:00 P.M. and 7:00
A.M.
21. No business signage shall be allowed on the premises for the short-term
vacation rental use.
22. The occupants of the property shall comply with Chapter 7.15, "Noise" of the City
of Seal Beach Municipal Code, as the regulations of that Chapter now exist or
may hereafter be amended. Should complaints be received regarding noise
generated by the establishment, the Planning Commission reserves the right to
schedule this permit for reconsideration and may require the applicant/business
operator to mitigate the noise level to comply with the provisions of Chapter 7.15.
23. Upon receiving any combination of three (3) substantiated complaints from three
(3) different residences within 300 feet of the subject property within one (1)
calendar year concerning noise or other neighborhood disturbance, or at the
discretion of the Director of Community Development or the Planning
Commission, the Planning Commission shall review the subject short-term
Planning Commission Staff Report
Conditional Use Permit 12-15
546 Ocean Avenue
October 17, 2012
vacation rental property at a noticed public hearing conducted in accordance with
the procedures outlined in Chapter 11.5.10 of the Zoning Code.
24. If there are substantial adverse impacts on Police Department services and/or in
the event that the Police Chief or designee determines that a significant increase
in police service has resulted due to the operations of the establishment, the
Police Chief or designee at any time may request a public hearing before the
Planning Commission to modify any of the conditions of approval, up to and
including the revocation of this Conditional Use Permit.
25. A modification of this Conditional Use Permit shall be applied for when:
a. The property proposes to modify any of its current Conditions of Approval.
b. There is a substantial change in the mode or character of operations of
the establishment, or a change in the number of bedrooms or significant
change to the interior space layout of the unit.
26. This Conditional Use Permit shall become null and void unless exercised within 1
year of the date of final approval, or such extension of time as may be granted
by the Planning Commission pursuant to a written request for extension
submitted to the Department of Community Development a minimum of 90 days
prior to such expiration date.
27. This Conditional Use Permit shall not become effective for any purpose
unless/until a City "Acceptance of Conditions" form has been signed by the
applicant in the presence of the Director of Community Development, or
notarized and returned to the Planning Division; and until the 10 calendar-day
appeal period has elapsed.
28. The applicant shall indemnify, defend and hold harmless City, its officers, agents
and employees (collectively "the City" hereinafter) from'm any and all claims and
losses whatsoever occurring or resulting to any and all persons, firms, or
corporations furnishing or supplying work, services, materials, or supplies in
connection with the performance of the use permitted hereby or the exercise of
the rights granted herein, and any and all claims, lawsuits or actions arising from
the granting of or the exercise of the rights permitted by this Conditional Use
Permit, and from any and all claims and losses occurring or resulting to any
person, firm, corporation or property for damage, injury or death arising out of or
connected with the performance of the use permitted hereby. Applicant's
obligation to indemnify, defend and hold harmless the City as stated herein shall
include, but not be limited to, paying all fees and costs incurred by legal counsel
of the City's choice in representing the City in connection with any such claims,
losses, lawsuits or actions, expert witness fees, and any award of damages,
judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action.
29. Failure.to comply with any of the aforementioned conditions may result in the
revocation of this Conditional Use Permit.
13
Planning Commission Staff Report
Conditional Use Permit 12-15
546 Ocean Avenue
October 17, 2012
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City
of Seal Beach at a meeting thereof held on the day of
2012, by the following vote:
AYES:
Commissioners
ABSTAIN:
Commissioners
ABSENT:
Commissioners
Sandra Massa.-Lavitt
Chairwoman of the Planning Commission
Greg Hastings
Interim Secretary of the Planning Commission
Attachment E
Seal Beach Police Department call for
Service Report
Sea] Beach Police Department
Calls For Service Report
Generated by=on 1/15/2013
SAff9h,Q*&' City: SB, Agency: PP Addres!q: 546 OCEAN AV
-hicident A 1)4e TO e Type
85130023447 P 03:51:00 AOA 4153 03 C41IZS 5"OCEAN AV
LLENART 10110108 03:51:00 INCIDENT NUMBER:85B0023447
LLENART 10/10108 03:51:00 SUBJS ON THE BEACH LIGHTING THINGS ON FIRE AND TAKING PICTURES,
OCFA REQ PD ASSISTANCE
BFRITZ 10/10108 03:56:47 OBS ON 8.9 SUBJ AT THE WATER LINE IN A CIRCLE CHANTING
BFRITZ 10/10108 04:05A5 CODE 4 AND OCFA CAN T22
BFRITZ 10110108 04,17:20 REMOVED SUBJ'S FROM BEACH AND WILL BE CLERING THE BEACH LOT
BFRITZ 10/10108 04:19:13 SOME OF THE SUBJ'S ARE WALKING DOWN 10TH ST
BFRITZ 10110708 04:25:15 CLOSED DISPO,CHECKS G4
0SB0000%S P 01112HO 17.44-06 COU COUNSELING 123 RPT 60 OCEAN AV
MEWINTERS 01112110 18:28:56 CASE NUMBER= CR-10m00000111(SB)
JCASTILLO 01/12110 17:4406 INCIDENT NUMBER-OSS0000945
JCASTILLO 01112/10 17:44:06 IN THE RPS BACKYARD NEXT TO THE POOL.MALE SUBJ SET UP CAMP
AND IS LIVING IN HIS BACKYARD_SUBJ IS NOT 10,97 AT THIS TIME..STS
5THERE IS PAPER WORK AND BLANKETS.AND A TENT
MEWINTERS 01/12110 17A9:56 1S2 ADV`
MEWINTERS 0111010 18:35:23 CLOSED DISPO:REPORT TAKEN
MEWINTERS 01112110 18:35:23 602 RPT TAKEN
MEWINTERS 01112110 18:36-44 SUSP
OSSOOO1038 P DIM3110 20:2210 PC PATROL CHECK 123 `CHKS S"OCEAN AV
TYAK 01113110 20:22.11 INCIDENT NUMBER.OSBD001038
TYAK 01/13110 20-136:54 CLOSED DISPO:CHECKS C4
OSS0003990 P 02JI8110 11:20:48 TRANS TRANSIENT III LOG $46 OCEAN AV
CAUSTIN 02118/10 11:20:48 INCIDENT NUMBER:OSBW03990
CAUSTIN 02/18110 11,20:48 TRANSIENT SLEEPING AT 546 AND 403 OCEAN-BOTH RE'S UNDER
CONSTRUCTION, CONTRACTOR AT$46 OCEAN WITH ALL OF THE
TRANSIENTS BELONGS AND WOULD LIKE CTC.THE TRANS MOVED ON
FOR RIGHT NOW AND IS NOT AT THE LOCATION-BUT ON-GOING
PROBLEM WITH THE SAME SUBJ
KMOEN 02118110 11:21:35 NUA 104 INCIDENT NUMBER,OSBO003989
KMOEN 02118/10 11:34:43 961 PRIOR
KMOEN 02118/10 11:54!58 .......—XPC'S REQUESTED 546&430 OCEAN
KMOEN 02/18110 11:66:66 CLOSED DISPO:LOG ENTRY
2SB00216S4 P 09/24112 22:.06,32 +4155 DISTURB SUBJS 207 PAWL 546 OCEAN AV
MEWINTERS 09124112 22:06:32 :INCIDENT NUMBER:2SB0021054
MEWINTERS 09124112 22:06:32 SUBJS TO THE REAR OF THE RES IN THE SAND SITTING AROUND THE
FIREPIT TALKING AND BEING LOUD. ONGOING PROBLEM.
MEWINTERS 09/24112 22:06,55 'RP IS NOT REQ CTC
MF7RQJ 09/24112 2216:14 SUBJECT CONTACTED THRU INTERCOM AT FRONT DOOR.ADVISED ON
NOISE LEVEL.SUBJECTS IN YARD ENTERED HOUSE,NOISE ENDED.
MEZROJ 09/24112 22,1618 Closed dispo,PARTY ADVAVILL CMPLY
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Attachment F
Aerial Map - 546 Ocean Avenue