HomeMy WebLinkAboutPC Res 12-21 - 2012-10-03 RESOLUTION NUMBER 12-21
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
APPROVING CONDITIONAL USE PERMIT 12-11 ,
TO ALLOW A SHORT-TERM VACATION RENTAL
PROPERTY, WITHIN THE RESIDENTIAL HIGH
DENSITY (RHD-20) ZONE AT 1001 OCEAN
AVENUE, UNIT H, SEAL BEACH
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On July 13, 2012, David and Kim Gasper ("the applicants") filed an
application for Conditional Use Permit (CUP) 12-11 with the Department of Community
Development.
Section 2. The applicant is requesting a CUP for the operation of a short-term
vacation rental property within the Residential High Density (RHD-20) zone at 1001
Ocean Avenue, Unit H.
Section 3. Pursuant to 14 Calif. Code of Regs. § 15303, staff has determined
as follows: The application for Conditional Use Permit 12-11 for the requested land use
entitlement for a proposed short-term vacation rental property is categorically exempt
from review pursuant to the California Environmental Quality Act.
Section 4. A duly noticed public hearing was held before the Planning
Commission on October 3, 2012, to consider the application for Conditional Use Permit
12-11. At the public hearing the Planning Commission received written and oral
evidence on the proposed project.
Section 5. The record of the public hearing of October 3, 2012 indicates the
following:
a. On July 13, 2012, the applicants filed an application for Conditional Use
Permit 12-10 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 1001 Ocean
Avenue, Unit H.
c. In May 2012, the City Council passed an Interim Ordinance amending the
terms and conditions of operations for all new and existing short-term vacation rental
properties within the City.
d. The subject property is located within the area commonly known as "Old
Town".
e. The subject property is described as Orange County assessor's parcel #
199-148-13; is 50'-0" x 110'-0" in size; and comprises 5,500 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 September 28, 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 12-11, 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 12-11 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 12-11, subject to the following conditions:
1. Conditional Use Permit 12-11 is approved for the operation of a short-term
vacation rental within the Residential High Density (RHD-20) zone at 1001
Ocean Avenue, Unit H.
2. This Conditional Use Permit authorizes the utilization of only one dwelling unit
(Unit H) on the property as a short-term vacation rental.
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 owners must maintain a business license while operating a short-
term vacation rental at the subject premises.
5. The property owners 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 adults and two children under the age
of 19 as overnight guests in the one-bedroom vacation rental unit.
8. The property owners 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 owners shall comply with the annual fire and life safety certification
procedures of the Orange County Fire Authority.
10. First-day arrival at a vacation rental is prohibited after 9:30 p.m. All lease or
rental agreements must include this prohibition.
11. All individual garages on the property shall remain free and clear of any and all
obstructions that may preclude occupants from utilizing the garage spaces for
parking.
12. Occupants must vacate the unit before noon on their final day of tenancy.
13. Prior to occupancy of the short-term vacation rental unit, the owners 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
owners for a period of three years and shall be readily available upon request of
any police officer or authorized employee of the City.
14. Trash and refuse must not be left stored within the public view, except in proper
containers for the purpose of collection by the City's authorized waste hauler on
scheduled trash collection days. The owners or property manager must provide
sufficient trash collection containers and service to meet the demand of the
occupants.
15. Each new lease or rental agreement for the 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 owners or property manager and a telephone number at
which that party may be reached at all times.
16. The property owners or manager must provide the City with a phone number at
which he or she can be contacted on a 24-hour basis regarding nuisance
complaints arising from the use of the property as a short-term vacation rental.
The property owner or manager must also provide the owners of the immediately
adjacent properties with this phone number as well as a copy of this resolution.
17. A list shall be posted on the inside wall next to the door of the main entrance to
the vacation rental unit indicating the names of all guests and visitors authorized
by the property owners to occupy or visit the unit. The list shall be made
accessible to any law enforcement official to ascertain who is authorized to be
within the premises.
18. Upon any change in ownership of the property, the new property owner(s) are
subject to all conditions listed under CUP 12-11, unless the new property
owner(s) elect to discontinue the use of the property as a short-term vacation
rental. The new property owner(s) shall notify the City of Seal Beach of the
ownership change and whether or not they are electing to continue the use as a
short-term vacation rental.
19. No trash disposal activities may occur between the hours of 10:00 P.M. and 7:00
A.M.
20. No business signage shall be allowed on the premises for the short-term
vacation rental use.
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 3 MD day of
0 ary bee , 2012, by the following vote:
AYES:
Commissioners ElitneoN eti/L1 1/1/A6 5 661ce),06e4, -/.32e r f
NOES:
Commissioners AA 554.,L -✓i>y
ABSTAIN:
Commissioners
ABSENT: /—
Commissioners
(iP,T
.eNt// R'
Sandra Massa-Lavitt
Chairwoman of the Planning Commission
Greg Hast' gs
Interim Secretary of the Planning Commission