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HomeMy WebLinkAboutPC Res 12-29 - 2012-12-05 RESOLUTION NUMBER 12-29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 12-18, TO ALLOW A SHORT-TERM VACATION RENTAL PROPERTY, WITHIN THE RESIDENTIAL HIGH DENSITY (RHD-20) ZONE AT 128 8th STREET, SEAL BEACH THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On September 17, 2012, Pamela Edson ("the applicant") filed an application for Conditional Use Permit (CUP) 12-18 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 128 8th Street. Section 3. Pursuant to Title 14 Calif. Code of Regs. §15303 and §15305, staff has determined as follows: The application for Conditional Use Permit 12-18 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 December 5, 2012, to consider the application for Conditional Use Permit No. 12-18. 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 December 5, 2012 indicates the following: a. On September 17, 2012, the applicant filed an application for Conditional Use Permit 12-18 with the Department of Community Development. b. The applicant is requesting approval to operate a short-term vacation rental property within the Residential High Density (RHD-20) zone at 128 8th 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 property presently consists of a legal, nonconforming, two-story duplex dwelling. The property is nonconforming due to substandard off-street parking (two single-car garages provided where two, two-car garages would be required under today's code). e. The downstairs dwelling unit consists of one bedroom, one bathroom, and a small den; the upstairs dwelling unit consists of two bedrooms and one bathroom. There is a small deck space provided at the front of the upstairs unit and a large patio, swimming pool, and spa located in the downstairs front yard. f. There is adequate space to park at least one automobile in front of the garages (possibly two compact cars) and since the owner does not presently rent the units separately, there is capacity to park up to three and possibly four off-street vehicles. g. Since 2007, there have been four police calls for service to the property that staff believes may be vacation rental related. These complaints have all been for noise or other disturbances but since the property owner also occasionally uses the property for their own private use, it is unclear whether these disturbances came from the property owners or short-term tenants. h. The subject property is located within the area commonly known as "Old Town". The subject property is described as Orange County assessor's parcel # 199-034-27; is 37'-6" x 117'-6" in size; and comprises 4,407 square feet in area. j. 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: Commercial properties within the Main Street Specific Plan (MSSP) zone. k. As of November 29, 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 No. 12-18, 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 12-18 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 12-18, subject to the following conditions: 1. Conditional Use Permit 12-18 is approved for the operation of a short-term vacation rental within the Residential High Density (RHD-20) zone at 128 8th Street. 2. The applicants shall hereby comply with all requirements enumerated within Interim Ordinance Number 1619-U, regarding short-term vacation rental properties, or any successor ordinance thereto. 3. The property owners must maintain a business license while operating a short- term vacation rental at the subject premises. 4. 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. 5. The property owners shall not rent or lease the property for periods of less than three (3) consecutive nights. 6. Visitor occupancy shall be limited to a maximum stay of 29 consecutive days. 7. There shall be not more than eight (8) overnight guests, with a maximum of five (5) adults, for the entire property. 8. When used as a short-term rental, the property shall be rented in its entirety and not as two separate rental units to unrelated parties. 9. Pool and spa hours shall be from 7:00 AM to 10:00 PM daily. There shall be no loitering in the pool or outdoor patio area after 10:00 PM. 10. 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. 11. The property owners shall comply with the annual fire and life safety certification procedures of the Orange County Fire Authority. 12. First-day arrival at a vacation rental is prohibited after 9:30 p.m. All lease or rental agreements must include this prohibition. 13. The two, single-car garages assigned to the units at 128 8th Street 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. 14. Occupants must vacate the unit before noon on their final day of tenancy. 15. 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 owners for a period of three years and shall be readily available upon request of any police officer or authorized employee of the City. 16. 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. 17. 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 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. 18. 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 owners or manager must also provide the owners of the immediately adjacent properties with this phone number as well as a copy of this resolution. 19. A list shall be posted on the inside wall next to the door of the main entrance to each 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. 20. Upon any change in ownership of the property, the new property owner(s) are subject to all conditions listed under CUP 12-18, 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. 21. No trash disposal activities may occur between the hours of 10:00 P.M. and 7:00 A.M. 22. No business signage shall be allowed on the premises for the short-term vacation rental use. 23. 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(s)/business operator(s) to mitigate the noise level to comply with the provisions of Chapter 7.15. 24. 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 vacation rental property at a noticed public hearing conducted in accordance with the procedures outlined in Chapter 11.5.10 of the Zoning Code. 25. 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. 26. 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. 27. 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. 28. 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. 29. The applicants 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. 30. 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 S" day of 1.ec.erll,er , 2012, by the following vote: AYES: Commissioners Cur,MinJs, Ev crson 16rrA4'-1� 60(d be. ,v / 5$A-Co , F f NOES: Commissioners ABSTAIN: Commissioners ))tent ABSENT: Commissioners k e n t n F r Sandra Massa-Lavitt i` Chairwoman of the Planning Commission Ji Basham Secretary of the Planning Commission