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HomeMy WebLinkAboutPC Res 12-15 - 2012-09-05 RESOLUTION NUMBER 12-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 12-5, TO ALLOW A SHORT-TERM VACATION RENTAL PROPERTY, WITHIN THE RESIDENTIAL HIGH DENSITY (RHD-20) ZONE AT 1620 OCEAN AVENUE, SEAL BEACH THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On July 2, 2012, Kye and Elena Osti ("the applicants") filed an application for Conditional Use Permit (CUP) 12-5 with the Department of Community Development. Section 2. The applicants are requesting a CUP for the operation of a short- term vacation rental property within the Residential High Density (RHD-20) zone at 1620 Ocean Avenue. Section 3. Pursuant to 14 Calif. Code of Regs. § 15303, staff has determined as follows: The application for Conditional Use Permit 12-5 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 September 5, 2012, to consider the application for Conditional Use Permit No. 12-5. 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 September 5, 2012 indicates the following: a. On July 2, 2012, the applicants filed an application for Conditional Use Permit 12-5 with the Department of Community Development. b. The applicants are requesting approval to operate a short-term vacation rental property within the Residential High Density (RHD-20) zone at 1620 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 # 199-094-10; is 25' x 100' in size; and comprises 2,500 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. g. As of August 30, 2012, Staff has received one email in support of the project 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 No. 12-5, 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 12-5 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 12-5, subject to the following conditions: 1. Conditional Use Permit 12-5 is approved for the operation of a short-term vacation rental within the Residential High Density (RHD-20) zone at 1620 Ocean Avenue. 2. This Conditional Use Permit is only for the rear unit of the duplex structure at 1620 Ocean Avenue. The front (main) unit at 1620 Ocean Avenue is not authorized for use as a short-term vacation rental under this CUP. 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 in the vacation rental 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 the vacation rental is prohibited after 9:30 p.m. All lease or rental agreements must include this prohibition. 11. Occupants must vacate the unit before noon on their final day of tenancy. 12. Prior to occupancy of the 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. 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. 17. Upon any change in ownership of the property, the new property owner(s) are subject to all conditions listed under CUP 12-5, 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. 18. No trash disposal activities may occur between the hours of 10:00 P.M. and 7:00 A.M 19. No business signage shall be allowed on the premises for the short-term vacation rental use. 20. Prior to the occupancy of the first short term vacation tenant, the property owner shall deliver to the owners of the immediately adjacent properties, the telephone number referenced in Condition #15 and a copy of this resolution. 21. 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. 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. 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 ,5 day of S ePTetAISe t. , 2012, by the following vote: EI/ SoN, gel MAYI4(6,5 Coo LD F3-d2e AYES: Commissioners LEA K +7x/l fro s -'4.A vcrr- NOES: --- Commissioners ABSTAIN: Commissioners ABSENT: Commissioners Sandra Massa-Lavitt Chairwoman of the Planning Commission Greg Hast gs Interim Secretary of the Planning Commission