HomeMy WebLinkAboutCC Res 7334 2022-09-26 RESOLUTION 7334
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DIRECTING
THE CITY MANAGER AND COMMUNITY DEVELOPMENT
DIRECTOR TO SUSPEND ENFORCEMENT OF THE CITY'S
PROHIBITION ON THE SHORT TERM RENTAL OF
RESIDENTIALLY-ZONED PROPERTY AND TO BRING FORWARD
A PLAN FOR FUTURE ACTION
THE SEAL BEACH CITY COUNCIL DOES HEREBY FIND AND RESOLVE:
Section 1. The City currently prohibits the establishment of new short-term
rentals of residentially-zoned properties, for a term of 29 days or less, due to the
demonstrated nuisances typically associated with such uses in residential areas.
Section 2. Some short-term rental properties in the City are considered to be
legal-non-conforming uses and permitted to continue in use pursuant to
Conditional Use Permits ("CUP").
Section 3. Recent reported court decisions, in Keen v. City of Manhattan Beach
and Kracke v. City of Santa Barbara have called into question the ability of coastal
cities to prohibit short-term vacation rentals in the absence of an approved Local
Coastal Program or a Coastal Development Permit allowing such prohibition.
Section 4. Accordingly, the City Manager and Community Development
Director are hereby directed to immediately suspend enforcement of Seal Beach
Municipal Code Section 11.04.05.135(A). This action does not affect any CUP
issued under Seal Beach Municipal Code Section 11.04.05.135(B).
Section 5. The City Manager and Community Development Director are further
directed to bring forward at a future City Council meeting a plan for addressing the
impacts of short-term residential rentals.
Section 6. This minor alteration in land use alterations is categorically exempt
from review under the California Environmental Quality Act (CEQA) pursuant to
Section 15305.
I
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular
meeting held on the 26th day of September, 2022 by the following vote:
AYES: Council Members: Kalmick, Massa-Lavitt. Moore, Sustarsic, Varipapa
NOES: Council Members: None
ABSENT: Council Members: None
ABSTAIN: Council Members: None
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Joe Kalmick, Mayor
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I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution 7334 on file in the office of
the City Clerk, passed, approved, and adopted by the Seal Beach City Council at
a re.alar mee ing held on the 26th day of September, 2022.
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Gloria D. Harper,li y erk‘111.11.—