HomeMy WebLinkAboutPC Res 12-11 - 2012-07-18 RESOLUTION NUMBER 12-11
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL
BEACH APPROVING CONDITIONAL USE
PERMIT 12-2, FOR THE ESTABLISHMENT
OF A SHORT-TERM VACATION RENTAL
PROPERTY, WITHIN THE RESIDENTIAL
HIGH DENSITY (RHD-20) ZONE AT 125 14TH
STREET, SEAL BEACH
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH
DOES HEREBY FIND AND RESOLVE:
Section 1. On June 13, 2012, Ralph Bakker ("the applicant") filed an
application for Conditional Use Permit (CUP) 12-2 with the Department of
Community Development.
Section 2. The applicant is requesting a CUP for the establishment of a
short-term vacation rental property within the Residential High Density (RHD-20)
zone at 125 14th Street.
Section 3. Pursuant to 14 Calif. Code of Regs. § 15303, staff has
determined as follows: The application for Conditional Use Permit 12-2 for the
requested land use entitlements 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 July 18, 2012, to consider the application for Conditional Use
Permit 12-2. 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 July 18, 2012 indicates
the following:
a. On June 13, 2012, the applicant filed an application for Conditional
Use Permit 12-2 with the Department of Community Development.
b. The applicant is requesting approval to establish a short-term
vacation rental property within the Residential High Density (RHD-20) zone at
125 14th Street.
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 # 199-081-03; is 25'-0" x 117'-6" in size; and comprises approximately
2,937.5 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 and multi-family residences within the
Residential High Density (RHD-20) zone.
WEST: Single and multi-family residences within the
Residential High Density (RHD-20) zone.
EAST: Single and multi-family residences within the
Residential High Density (RHD-20) zone.
f. As of July 12, 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 12-2, as conditioned regarding business operation, 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 12-2 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 12-2, subject to the following conditions:
1. Conditional Use Permit 12-2 is approved for the operation of a short-term
vacation rental within the Residential High Density (RHD-20) zone at 125
14th Street.
2. The applicant shall hereby comply with all requirements enumerated
within Ordinance Number 1619-U as well as all requirements of Section
11.4.05.135 of the Seal beach Municipal Code, regarding short-term
vacation rental properties.
3. The property owner must obtain a business license prior to operating or
establishing a short-term vacation rental.
4. The property owner must complete the Transient Occupancy Tax
Remittance form with the City's Department of Finance prior to operating
or establishing a vacation rental, and shall pay the Transient Occupancy
Tax in accordance with the Seal Beach Municipal Code.
5. Visitor occupancy shall be limited to a maximum stay of 29 consecutive
days.
6. There shall be no more than two overnight guests per bedroom, for a total
of six overnight guests in the front, main unit and two overnight guests in
the rear, detached unit.
7. 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.
8. The property owner shall comply with the annual fire and life safety
certification procedures of the Orange County Fire Authority.
9. First-day arrival at a vacation rental is prohibited after 9:30 p.m. All lease
or rental agreements must include this prohibition.
10. The two-car garage shall remain free and clear of any and all obstructions
that may preclude occupants from utilizing the garage space for parking
and shall remain available for any occupants to use for parking vehicles.
11. Occupants must vacate the unit before noon on their final day of tenancy.
12. 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.
13. 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.
14. Each new lease or rental agreement for a short-term vacation rental must
have a copy of these Permit and Operational Requirements attached to it
and must include the following terms, notifications, and disclosures, which
shall be posted in a conspicuous location inside the unit:
a. The trash pick-up day and applicable rules and regulations
pertaining to leaving or storing trash or refuse on the exterior of the
property.
b. Notification that the occupant may be cited or fined by the City for
any violation of any provision of the Municipal Code, including but
not limited to amplified sound, including radios, televisions, and
other electronic devices, that create a disturbance in violation of
Chapter 7.45 of the Seal Beach Municipal Code.
c. Notification that the occupant participate 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.
15. 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.
16. Upon any change in ownership of the property, the new property owner(s)
are subject to all conditions listed under CUP 12-2, 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.
17. No trash disposal activities may occur between the hours of 10:00 P.M.
and 7:00 A.M
18. No business signage shall be allowed on the premises for the short-term
vacation rental use.
19. Prior to occupancy of the first short term vacation tenant, the property
owner shall deliver to the owners of all immediately adjacent properties by
certified mail with return receipt requested, the telephone number(s)
required to be provided to the City pursuant to Condition No.15, above,
and a copy of this resolution containing conditions of approval.
20. 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.
21. 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.
22. 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 interior space layout of the property.
23. 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.
24. 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.
25. 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.
26. 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
.J✓may , 2012, by the following vote:
AYES: Commissioners Cw mfLf,S7 ev Q5 J , 6A-[J3,Z A7 6ot2 5EeG) ,.assn-—tAv 7r
NOES: Commissioners —
ABSTAIN: _
Commissioners
ABSENT:
Commissioners
AMA - /Kt
Sandra Massa-Lavitt
Chairwoman of the Planning Commission
Greg Hastin s
Interim Secretary of the Planning Commission