The Seal Beach City Council voted Monday, Feb. 25, to uphold the Planning Commission’s decision to deny a vacation rental permit on Ocean Avenue. The vote was 4-0, with District Five Councilman Michael Levitt abstaining.
District One Councilwoman Ellery Deaton, who celebrated her birthday that night, made the motion to deny the appeal. Deaton argued that the testimony from residents at Monday’s public hearing was the evidence of noise problems. She also said the topography around Ocean Avenue caused residents to hear noise below them even though the people in question weren’t being especially noisy.
The vote came following a public hearing on John Lima’s appeal of a unanimous October 2012 Planning Commission decision to deny his request for a conditional use permit to make Lima’s 546 Ocean Ave. property a vacation rental.
Opponents complained about noise coming from parties and weddings at the property.
Lima said the individuals who complained were embellishing their accounts. He did not say straight out that they were lying, but said their stories wold change if they were testifying under penalty of perjury.
By California law, an individual cannot be sued for defamation for statements made at City Council or Planning Commission meetings.
According to a staff report by Jim Basham, director of Community Development, the Planning Commission based its decision to deny the Lima permit on the fact that staff and the police had received noise complaints about the property.
Basham told the council that the burden of proof was on the appellant to establish the extenuating circumstances necessary to overturn the Planning Commission’s decision.
Robert Beck, an attorney and vacation rental property owner, spoke on behalf of Lima. Beck had spoken to the Planning Commission and the council regarding his own properties in the past.
Beck said that in the original staff report to the commission, staff had recommended approval of the permit for 546 Ocean Ave. He said the property was in an area that allows vacation rentals
He said staff made all the findings necessary required under state law and the interim Seal Beach ordinance that regulated vacation rentals.
He said the staff report mentioned five police calls to the property, but he could find only two based on documents he had obtained under the California Public Records Act.
Beck said he had requested incident reports for all licensed vacation rentals in Seal Beach.
He called the number of document incidents at his client’s property insignificant. He also argued that there is adequate parking and that the owner does not always use the property for vacation rentals. Beck said that Lima sometimes uses the property himself.
Beck also said there were inconsistencies in the reasons for denying permits for vacation rentals.
“All the units that have come before you have been licensed by the city,” Beck said.
He argued that Seal Beach could revoke the licenses of businesses that violated the city code.
Neighbors of the property were apparently not convinced.
Beverly Rawlins, who said she lived next door to 546 Ocean Ave., said the owners do not live there.
“This kind of business has no business in a residential zoned neighborhood,” she said.
Mayor Gary Miller asked how often she experienced vacation noise from the house.
She said before recently there had been noise all the time. She said noise could happen at any time.
“I’m sorry I didn’t complain more,” she said.
Seal Beach code enforcement is complaint-driven. Opponents of vacation rentals have objected to both the Planning Commission and the City Council that they don’t want to make complaints against people in nearby vacation units.
Steve Smith, of 520 Ocean Ave., also complained about noise. “We probably should’ve called the police,” he said.
Smith said there was no security and described one occasion when the Fire Department turned off a fire pit behind the Lima property after he called in a complaint at about 3 a.m.
Lima disputed that account. He said he had a security camera that was motion activated and could review the tape on any date.
Smith said that at least the bars on Main Street close at 2 a.m. “It is just not proper in my estimation for the people that are full time residents of Seal Beach to have to put up with this,” Smith said, apparently referring to vacation rentals.
Jed Schaeffer said he supported the Planning Commission’s decision to deny the 546 Ocean Ave. permit. He said the zoning for the area is residential. He said the area was not designed for commercial use.
However, Schaeffer said Beck had raised a valid point concerning the inconsistent reasons that vacation rentals have been denied.
Barbara Barton, who said she lived a bock away, also complained about noise from the Lima property. Barton has testified against nearly every vacation rental permit that has come before either the Planning Commission or the City Council.
Property owner Lima said the “downfall” of public hearings was that people could embellish their accounts.
He said if the speakers had been under oath and under penalty of perjury, their stories would change.
District Five Councilman Micheal Levitt asked about the statements that parties were taking place at night.
Lima said no parties were taking place. He also said that in five years there had been three parties.
“I rent to very well-to-do families that come from all over the world,” Lima said.
Beck said tat it struck him as odd that there were no documented complaints.
“Anyone can get up hear and allege that something happened, but that’s not proof,” Beck said.
Deaton disagreed with Beck..
“The evidence is our testimony here,” she said. Deaton said people did not like to call the police, but they do call her.
Deaton also said there was no on-site manager for the property.
She said the staff report recommending approval came before the Planning Commission hearing.
