Sun Newspaper guest columnist Julie Lurie wrote in the March 24 “Citizens Association opposes forced Sunset Beach annexation” article that any problems with vacation rentals and other issues should be remedied by simply enforcing current county code restrictions on noise, parking, etc.
Well, it isn’t that simple. It is actually an impossible task.
My family has been tortured with the vacation rental operating next door to our home for the past three years.
In summer 2009 we couldn’t stand living next door to a “hotel” any longer, so I filed a complaint with Orange County code enforcement.
Yes, the term hotel is accurate. Most vacation rental operators in Sunset Beach do not realize that the county has an ordinance that regulates the rental period of a single family or duplex dwelling unit in the Sunset Beach Residential district. The ordinance is called the uniform transient occupancy tax of the county of Orange. This ordinance states that “hotel” shall mean any structure occupied by transients for dwelling, lodging or sleeping purposes and includes any tourist home or house among the applicable building types. Transient is defined in the same ordinance as occupancy for 30 days or less. Hotels and all other transient accommodations, including a bed and breakfast inn are restricted to the Sunset Beach Tourist district.
The Orange County code has a Noise Control ordinance. Residential property is defined in the ordinance as a parcel of real property which is developed and used for residential purposes other than transient uses. That is pretty clear, a vacation rental is not considered a residential use. county code also provides definitions of residence and residential area that also conclude transient occupancy is not a residential use.
In addition to county codes, the California Building Code has regulations for transient accommodations.
A single family or duplex dwelling unit typically has a certificate of occupancy for R-3.
The building code lists R-3 as residential “primarily permanent in nature.” Occupancy R-1 is residential “primarily transient in nature.” Weekly and nightly rentals are a transient use therefore a change in certificate of occupancy is required. Orange County Fire Authority agrees. Vacation rentals in Seal Beach are required to have annual OCFA inspections, fire extinguishers, and emergency evacuation signage in each guest bedroom, typical of our local hotels with R-1 occupancy classification.
In addition to the Building Code, the United States Americans with Disabilities Act defines a residential dwelling unit as a unit intended to be used as a residence that is primarily long-term in nature. The ADA defines transient lodging as a building containing one or more guest rooms for sleeping that provides accommodations that are primarily short-term in nature. Yes, vacation rentals per the ADA are required to meet handicap accessibility requirements. Makes sense, our hotels and other visitor serving uses must meet these standards.
This was all presented to the county in my code enforcement complaint. Funny thing is the Orange County planning director himself did not know the difference between R-1 zoning and R-1 building code occupancy.
He ruled that no change of occupancy was required for the property next door to my home because the subject property was already classified with R-1 occupancy and permitted to provide transient accommodations.
I don’t expect the average person to know the difference between land use zones and building code occupancies but I do expect this from the OC Director of Planning.
It wasn’t until after the county’s June 2010 response that I learned the Planning director’s previous position was OC agricultural commissioner.
Since then I have struggled to get an accurate revised ruling on our original 2009 complaint. I am confident that it will never occur.
Many vacation rentals do not provide two on-site parking stalls per unit as required by the Sunset Beach Specific Plan. Others promote sleeping accommodations for up to 20 persons in a single-family residence permitted with 2,700 S.F.
The vacation rental next door to my home allows the property to be used for weddings and other large gatherings at a nightly rate.
Leave it up to the “current laws,” I do not think so. Having a conditional use permit attached to this type of non-residential use would be the best thing for the Sunset Beach community.
The use permit process would weed out the operators of nonconforming vacation rentals that cannot comply with county zoning codes, building codes and Orange County Fire Authority regulations.
The expense of a conditional use permit was estimated at $10,000. Julie Lurie felt this is a great expense to the existing vacation rental operators “landlords.”
The vacation rental next door to my home collects $5,000 a week and is occupied by tourists throughout the year.
The vacation rental next door to them collects $12,500 a week and is occupied more frequently than my neighbor’s rental. Diana Dodson, contributing to the Julie Lurie article collects $3,400 per week on her vacation rental.
The average vacation rental rate in Sunset Beach is over $4,000 per week. A one-time $10,000 fee for the conditional use permit is a drop in the bucket for operators of these facilities.
Why is Julie Lurie resistant to a conditional use permit? Most structures will not be able to meet current building and accessibility code standards to continue renting on a nightly or weekly basis. That is a good thing.
Quoted directly from the county Web site, “building and zoning codes help make our communities safe places to live and work. Consistent code enforcement helps maintain quality of life and can save lives.”
Although my family has doubts on the annexation, specifically the credibility of Huntington Beach, we do welcome a conditional use permit process on vacation rentals in Sunset Beach.
Barry Kyler is a 16-year resident of Sunset Beach.
