3. For an application for a religious assembly use, if an exception or waiver of LCP requirements is sought under Section 21.52.219.8.G, that the exception or waiver allows the minimum deviation from LCP requirements necessary to comply with RLUIPA, and that the decisionmaker has imposed all conditions necessary to comply with all provisions of the LCP, with the exception of the provision(s) for which implementation would violate RLUIPA.
4. The proposed development is sited, designed and managed to minimize the transport of pollutants by runoff into coastal waters and groundwater, and to minimize increases in runoff volume and velocity from the site which may adversely impact coastal resources or coastal bluff stability. Best Management Practices shall be implemented, as applicable, including but not limited to applicable local, regional, state and federal water quality permits, standards and guidance provided in the LCP, best practices and other measures as may be recommended by the City Engineer.
5. For an application to restrict short-term rentals in accordance with the provisions and procedures outlined in Chapter 5.77 (Short-Term Rentals) of the certified LCP, the project shall conform with the certified local coastal program, including with the provisions relating to coastal access and recreation. The required findings must include a cumulative impacts analysis informed, at least in part, by monitoring data collected on approved projects that restrict STRs and on STRs throughout the coastal zone. The responsible hearing body shall also find:
i. The proposed restriction would not result in the substantial loss of visitor-serving accommodations (i.e. a reduction in available overnight accommodation rooms, including but not limited to short-term rentals, hotels, and/or motels, within ¼ mile of visitor-serving recreational uses, the beach, bay, ocean, or tidelands). ii. The proposed restriction would not result in the loss of lower-cost overnight accommodations. Lower-cost overnight accommodations shall be defined as those charging approximately twenty five percent (25%) less than the statewide average daily room rate or less.
iii. The proposed restriction would not result in the net loss of short-term rentals below four hundred twenty-five (425) short-term rental units (both hosted and un- hosted and/or primary or non-primary) historically occurring in the coastal zone. iv. The proposed restriction would be necessary to protect the neighborhood stability, housing access, and would be consistent with the neighborhood character established in the Local Coastal Program (LCP).
D. Date of Final Local Action. The date of final local action is:
1. The date when the appeal period on all local actions has expired without local appeal;
2. The date of action on the local appeal(s); or
3. The date the City is notified by the applicant that the application is approved by operation of law pursuant to Sections 65950 through 65957.1 of the Government Code.
E. Notice of Final Action. Within seven (7) calendar days of the date of the final local action on a local coastal development permit, a notice shall be sent to the Coastal Commission and to any persons who specifically request such notice by submitting a self-addressed, stamped envelope.
The notice shall include the written findings of fact required to approve the local coastal development permit and the conditions imposed on the approval, if the permit is approved. Any notice of final local action shall include the procedures for appeal of the action to the Coastal Commission and an indication as to whether the development is in an appealable area.
Created: 2021-12-21 11:19:30 [EST]
(Supp. No. 35, Update 1)
F. Appeals to Coastal Commission. All actions on local coastal development permits located seaward of the appealable area boundary, as determined under Section 21.25.908, may be appealed by an aggrieved person to the Coastal Commission according to the procedures of the Coastal Commission, provided that:
1. All local appeals of City actions provided for by this Title have been exhausted and no fee was charged the appellant for the appeal; and
2. The Coastal Commission has not appealed the local action.
G. Effective Date. A local coastal development permit shall be effective as follows:
1. Outside Appealable Area. On date of final local action;
2. Within Appealable Area. At the conclusion of the twenty-first day after final local action, unless:
a. Appeal. If a permit is appealed, it shall become effective after action on the appeal by the Coastal Commission.
b. Failure to Give Notice. If notice to the Coastal Commission is not mailed by the City within seven (7) days after final local action, then the permit shall become effective at the conclusion of the fourteenth day after a complete notice is mailed but no sooner than at the conclusion of the twenty-first day after final local action. c. Inadequate Filing. If the Coastal Commission notifies the City and the applicant that notice was not received or distributed in a timely manner or that the notice was not complete or does not adequately describe the development, then the permit becomes effective at the conclusion of the fourteenth day after receipt of such a notice from the Coastal Commission or on the date specified by the Coastal Commission. ( ORD-20-0025 § 2, 2020; ORD-19-0008 § 2, 2019; Ord. C-6533 § 1 (part), 1988) City of Long Beach
Short-Term Rentals Ordinance
NEGATIVE DEC
LARATION
ND 07-19
Prepared by:
City of Lo
ng Beach
Department of Development Services
Planning Bureau
Attachment F
Negative Declaration ND 07-19
City of Long Beach Short-Term Rentals Ordinance
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ty of Long Beach
September 2019 1
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Negative Declaration ND 07-19
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INITIAL STUDY
Pr
oject Title:
City of Long Beach Short-Term Rentals Ordinance
Lead
agency name and address:
City of Long Beach
411 W. Ocean Boulevard, 3rd Floor
Long Beach, CA 90802
Cont
act person and phone number:
Anita Juhola-Garcia, Planner
(562) 570-6469
Pr
oject Location:
City of Long Beach, County of Los Angeles, California.
Pr
oject Sponsor’s name and contact information:
City of Long Beach, Long Beach Development Services
c/o Christopher Koontz
411 W. Ocean Boulevard, 3rd Floor
Long Beach, CA 90802
(562) 570-6288
Gen
eral Plan:
The proposed Short -Term Rentals Ordinance would cover all General Plan Land Use Districts that apply to any zoning district, Specific Plan (SP) or Planned Development (PD) District with residential uses.
Zoning:
T
he proposed Short -Term Rental s Ordinance applies to all zoning districts with residential uses , including all Planned Development (PD) Districts and Specific Plan (SP) Districts.
Pr
oject Description:
Th
e proposed project will establish regulations, standards, and a registration process governing the renting or leasing of privately owned visitor serving residential dwelling units on a short-term basis in order to maintain the long-term rental housing stock in the City; ensure the collection and payment of Transient Occupancy Taxes (“TOT” ); and provide safeguards to the residents of the City of Long Beach that such short -term rental activities do not become a nuisance, or threaten the public health, safety or welfare of neighboring properties.
Thi
s Initial Study/Negative Declaration (“IS/ND”) evaluates the potential environmental impacts of the proposed revisions to the City’s regulations for transient residential use.
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Certain aspects of the proposed amendments do not require environmental analysis under CEQA. For example:
• CE
QA does no t apply to the establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, or other charges by public agencies unless those charges would be used to fund capital projects (CEQA Guidelines Sec. 15273). Therefore, establishme nt o f City administrative fees associated with issuance of permits or licenses for the short -term rental of existing housing units do not require CEQA review.
• Pur
suant to CEQA Guidelines Sec. 15309, i nspections to check for performance of an operation, or quality, health, or safety of a project are exempt from CEQA. • Ci
ty actions to enforce or revoke a license or other entitlement for use or enforcement by a law, general rule, standard, or objective, administered or adopted by the regulatory agency are exempt from CEQA review pursuant to Guidelines Sec. 15321.
• Pursuant to CEQA Guidelines Sec. 15378, “Project means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable i ndirect physical change in the environment. However, “Project” does not include “Organizational or administrative activities of governments that will not result in direct or indirect physical changes to the environment.” Therefore, regulations that represent administrative activities are not subject to CEQA review. • In ev
aluating potential economic or social effects of the pro posed regulations, this IS/ND reflects CEQA Guidelines Sec. 15382, which states:
“S
ignificant effect on the environment” means a substantial or potentially substantial, adverse change in any of the physical conditions within the area affected by the project, including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. An economic or social change by itself shall not be considered a significant effect on the environment. A social or economic change related to a physical change may be considered in determining whether the physical change is significant.
Ec
onomic or social changes (e.g., effects on property values or neighborhood social interactions) are not considered to be significant environmental impacts under CEQA unless those changes contribute to a significant physical impact.
The following sections of Title 21 (Zoning Code) shall be amended for the Short - Term Rental Ordinance (STRO):
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Add the following underlined definition or reference:
• 21.15.2487 – Short-Term Rental.
“Short-Term Rental means a residential dwelling unit or portion thereof, that is offered or provided to a paying guest(s) by a short-term rental operator for thirty (30) or fewer consecutive nights. The term “short -term rental” shall not include hotels, motels or bed and breakfast inns.
• 21.15.060 Accessory use. “Short-term rentals” are no t considered acc essory uses.
• 21.5
1.235. – Home Occupations.
Add “short-term rentals” to the list of prohibited home occupation uses • 21.5
1.276 – Accessory dwelling units.
E.
Other Provisions.
1. Ow
ner Occupants, Sales, Rentals, and Covenants. The following requirements shall apply to all accessory dwelling units:
d. The accessory dwelling unit or the primary dwelling may be rented. All rentals shall be for terms of longer than thirty (30) days unless a Short-Term Rental permit is obtained subject to Title 5.
Rem
ove the following underlined definition or reference to:
• 21.1
5.1580 - Lodginghouse.
"Lodginghouse" means a house with three (3) or more guestrooms where lodging is provided for compensation and where meals are not served. • 21.51.270 – Room Rental.
The cond itions listed below shall apply to all room rentals. Any room rental use not conforming to these conditions shall be considered a boardinghouse, lodging house, hotel or motel, as applicable, and shall be subject to the requirements for that use.
A. The owner of the dwelling unit must live in the unit.
B. The rented room shall not contain more than three (3) plumbing facilities nor a kitchen. Such room shall not contain laundry facilities, a water heater or a wetbar-type sink.
C. The rented room shall not contain an independent exterior entrance.
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D. The rented room may not be detached from the principal dwelling unit.
E. Not more than two (2) rooms shall be rented in a single dwelling unit. • 21.52.271 – Special Group Residence (board and care, convalescent home, half- way house, boardinghouse/lodginghouse, communal housing and the like).
Remove the term “lodginghouse” from Special Group Residence.
Sur
rounding land uses and settings:
Th
e City of Long Beach is adjacent to the following municipalities: City of Los Angeles (Wilmington, Port of Los Angeles), Carson, Compton, Paramount, Bellflower, Lakewood, Hawaiian Gardens, Cypress, Los Alamitos and Seal Beach. It is also adjacent to the unincorporated communities of Rancho Dominguez and Rossmoor. In addition, the City of Signal Hill is completely surrounded by the City of Long Beach.
Pu
blic agencies whose approval is required:
Long B
each Planning Commission ( recommend City Council approve the changes to Title 21 Zoning Ordinance and submit a Local Coastal Program Amendment to revise the Long Beach Municipal Code)
Long B
each City Council ( adopt Negative Declaration 07- 19, approve the Short -Term Rentals Ordinance, and adopt the Short-Term Rental Zoning Code Amendments) Calif
ornia Coastal Commission
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ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
Th
e environmental factors checked below would be potentially affected by this project , involving at least one impact that is a “Potentially Significant Impact,” as indicated by the checklist on the following pages:
Aesthetics Greenhouse Gas
Emissions Public Services
Agriculture / Forestry
Resources
Hazards and Hazardous
Materials Recreation
Air Quality Hydrology / Water Quality Transportation
Biological Resources Land Use / Planning Tribal Cultural Resources
Cultural Resources Mineral Resources Utilities / Service Systems
Energy Noise Wildfire
Geology / Soils Population / Housing Mandatory Findings of Significance
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DET
ERMINATION:
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment and a N
EGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the env
ironment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITI GATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment and an E
NVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a “ potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis, as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the env
ironment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIAVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. (Original Signature on File) 9/12/19
Anita Juhola-Garcia Date
Planner
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EVALUATION OF ENVIRONMENTAL IMPACTS
1) A br
ief explanation is required for all answers except “No Impact” answers that are supported adequately by the information sources a lead agency cites in the parenthesis following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A “No Impact” answer should be explained where it is based on project-specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project specific screening analysis).
2) Al
l answers must take account of the whole action involved, including off -site as well as on-site, cumulative as well as projec t-level, indirect as well as direct, and construction as well as operational impacts.
3) Onc
e the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect may be significant. If there are one or more “Potentially Significant Impact” entries when the determination is made, an EIR is required. 4) “N
egative Declaration; Less Than Significant With Mitigation Incorporation” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from “Earlier Analysis,” as described in (5) below, may be cross-referenced). 5) Ear
lier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or Negative Declaration (per Section 15063(c)(3)(D)). In this case, a brief discussion should identify the following:
a) Ear
lier Analysis Used. Identify and state where they are available for review.
b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effect were addressed by mitigation measures based on the earlier analysis.
c) Mitigation Measures. For effects that are “Less that Significant with Mitigation Measures Incorporated,” describe the mitigation measures Negative Declaration ND 07-19
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which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead ag
encies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated.
7) Supp
orting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) Thi
s is only a suggested for, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project’s environmental effects in whatever format is selected.
9) The explanation of each issue should identify:
a) the si
gnificance criteria or threshold, if any, used to evaluate each question; and
b) the mitigation measure identified, if any, to reduce the impact to less than significance
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I. AESTHETICS
a. Woul
d the project have a substantial adverse effect on a scenic vista? Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
Th
e proposed S hort-Term Rental Ordinance (STRO) would not result in significant adverse effects to any scenic vistas or public view of scenic vistas. (The City of Long Beach General Plan Scenic Routes Element , 1975). The City topography is relatively flat, with scenic vistas of the ocean to the south and Palos Verdes to the west. In addition, distant views of San Gabriel and S an Bernardino Mountains to the north as well as the Santa Ana Mountains to the east are occasionally available to the public on days of clear visibility primarily during the winter months.
Th
e STRO involves amendments to Title 5 Regulation o f Businesses, Trades and Professions, and Title 21 Zoning of the Long Beach Municipal Code.
Implementation of the STRO will utilize existing residential units with a framework of operational standards. This proposed project would not result in any negativ e impacts to the City’s visual environment. Therefore, no further analysis of the environmental issue is necessary.
b. Woul
d the project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
Th
ere are no state scenic highways located within the City. No scenic resources, trees, rock outcroppings or historic buildings would be damaged as a result of STRO implementation. There would therefore be no impact to any natural scenic resource and no further analysis is required.
c. In nonur
banized areas, would the project substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project i s in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?
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Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
Th
e STRO applies to existing residential properties within the City of Long Beach, which is an urbanized area, and is surrounded by other urbanized areas.
As discussed in I.a. and I.b., the proposed project is not anticipated to degrade the existing visual character or quality of public views and is not in conflict with applicable zoning to other regulations governing scenic views and is not in conflict with applicable zoning or other regulations governing scenic quality. d. Woul
d the project c reate a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
Th
e proposed implementation of the STRO will establish regulations, standards, and a registration process governing the renting or leasing of privately owned residential dwelling units on a short -term basis. The Long Beach Municipal Code Title 21 includes development standards that prevent and reduce light and glare. Since STRO implementation would not directly or indirectly create any adverse light or glare impacts, no further analysis is required.
II. AG
RICULTURE AND FORESTRY RESOURCES
In d
etermining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant envi ronmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessme nt project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project:
a. Woul
d the project c onvert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to nonagricultural use? Negative Declaration ND 07-19
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Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
b. Woul
d the project conflict with existing zoning for agricultural use, or a Williamson Act contract?
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
c. Woul
d the project conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code Section 12220(g)), timberland (as defined by Public Resources Code Section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104(g))?
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
d. Woul
d the project result in the loss of forest land or conversion of forest land to non-forest use?
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
e. Woul
d the project involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non- agricultural use or conversion of forest land to non- forest use?
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
For
Sections II. a., b., c., d. and e. - There are no agricultural zones within the City of Long Beach, which is a fully urbanized community that has been built upon for over half a century (California Department of Conservation, Farmland Mapping and Monitoring Program 2016). The Project would have no effect upon agricultural resources within the City of Long Beach or any other neighboring city or county.
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III. AIR QUALITY
Th
e South Coast Air Basin is subject to some of the worst air pollution in the nation, attributable to its topography, climate, meteorological conditions, large population base, and dispersed urban land use patterns.
Ai
r quality conditions are affected by the rate and location of pollutant emissions and by climatic conditions that influence the movement and dispersion of pollutants.
Atmospheric forces such as wind speed, wind direction, and air temperature gradients, along with local and regional topography, determine how air pollutant emissions affect air quality.
Th
e South Coast Air Basin has a limited capability to disperse air contaminants because of its low wind speeds and persistent temperature inversions. In the Long Beach area, predominantly daily winds consist of morning onshore airflow from the southwest at a mean speed of 7.3 miles per hour and afternoon and evening offshore airflow from the northwest at 0.2 to 4.7 miles per hour with little variability between seasons. Summer wind speeds average slightly higher than winter wind speeds. The prevailing winds carry air contaminants northward and then eastward over Whittier, Covina, Pomona and Riverside.
Th
e majority of pollutants found in the Los Angeles County atmosphere originate from automobile exhausts as unburned hydrocarbons, carbon monoxide, oxides of nitrogen and other materials. Of the five major pollutant types (carbon monoxide, nitrogen oxides, reactive organic gases, sulfur oxides, and particulates), only sulfur oxide emissions are produced mostly by sources other than automobile exhaust.
Wh
ere available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations.
a. Woul
d the project conflict with or obstruct implementation of the applicable air quality plan?
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
Th
e Southern California Association of Governments (SCAG) has determined that if a project is consistent with growth forecasts for the subregion in which it is located, it is consistent with the South Coast Air Quality Management District (SCAQMD) Air Quality Management Plan (AQMP), and regional emissions are mitigated by the control strategies specified in the AQMP. Since the STRO does not propose any new development or growth inducing projects that would conflict with the SCAG growth forecasts, it would be consistent with the AQMP and therefore no additional analysis is required.
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b. Woul
d the project r esult in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard? Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
Please see Section III. a. above for discussion.
c. Woul
d the project expose sensitive receptors to substantial pollutant concentrations?
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
The CEQA Air Quality Handbook defines sensitive receptors as children, athletes, elderly and sick individuals that are more susceptible to the effects of air pollution than the population at large. Facilities that serve various types of sensitive receptors, including schools, hospitals, and senior care centers, are located throughout the City. The implementation of the STRO would not have any significant adverse effects on sensitive receptors. Please see Section III . a. above for further discussion.
d. Woul
d the project result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
Land us
es associated with odor complaints typically include agricultural uses, wastewater treatment plants, food processing plants, chemical plants, composting, refineries, landfills, dairies, and fiberglass molding. Potential sources of odors during construction included use of architectural coatings and solvents, and diesel -powered construction equipment. SCAQMD Rul e 1113 limits the amount of volatile organic compounds (VOCs) from architectural coatings and solvents, which lowers odorous emissions.
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The STRO would not allow or involve land uses that could direct ly or indirectly result in any significant adverse odors or intensification of odors beyond those typically associated with construction activities. No further environmental analysis is necessary.
IV. B
IOLOGICAL RESOURCES
a. Wo
uld the project have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S.
Fish and Wildlife Service?
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
Wi
ldlife habitats within the City are generally limited to parks, nature preserves, and water body areas. The STRO would not promote activi ties that would remove or impact any existing or planned wildlife habitats. No further environmental analysis is required.
b. Wo
uld the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service?
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
Im
plementation of the STRO would occur in established urbanized areas and would not promote or involve alteration of any protected w etland areas. No further environmental analysis is required.
c. Wo
uld the project have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
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Implementation of the STRO would occur in established urbanized areas and would not promote or involve alteration of any protected wetland areas. No further environmental analysis is required.
d. Woul
d the project interfere substantial ly with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
Im
plementation of the STRO would occur in established urbanized areas and would not promote or involve alteration of any protected wetland areas. No further environmental analysis is required.
e. Woul
d the project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
Im
plementation of the STRO would be consistent with the General Plan and in conformity with all local policies and regulations. It would not alter or eliminate any existing or future policy or ordinance protecting biological resources. No further environmental analysis is required.
f. Woul
d the project conflict with the provisions of an adopted Habitat Conservation Plan, or other approved local, regional, or state habitat conservation plan?
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
Th
e STRO would not have any adverse effects on any existing or future habitat conservation plans. Please see Sections IV. a. through e. above for further discussion.
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V. CULTURAL RESOURCES
a. Woul
d the project cause a substantial adverse change in the significance of a historical resource as defined in Section §15064.5? Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
Th
e City of Long Beach is an urbanized community and nearly all properties within the City (with the exception of areas such as park lands) have been previously disturbed and/or developed. The STRO relates to occupancy regulations of existing structures, it would not promote, encourage or enable projects or activities that could remove, degrade or in any way adversely impact local historic resources. No further environmental analysis is required. b. Woul
d the project cause a substantial adverse change in the significance of an archaeological resource pursuant to Section §15064.5?
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
Th
e implementation of STRO would not result in new development, but rather establish regulations, standards, and a registration process governing the renting or leasing of privately owned residential dwelling units on a short-term basis. c. Woul
d the project disturb any human remains, including those interred outside of formal cemeteries?
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
Th
e STRO does not propose any development that would involve extensive excavation that could result in the disturbance of any designated cemetery or other burial ground or place of interment.
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VI. E
NERGY
a. Woul
d the project result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation?
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
Th
e implementation of the STRO would not result in wasteful, inefficient, or unnecessary consumption of energy resources , but rather establish regulation, standards, and a registration process governing the renting or leasing of privately owned residential dwelling units on a short -term basis. The implementation would not significantly increase consumption of energy resources. b. Woul
d the project conflict with or obstruct a state or local plan for renewable energy efficiency?
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
Th
e implementation of the STRO would not directly result in new development, but rather establish regulation, standards, and a registration process governing the renting or leasing of privately owned residential dwelling units on a short -term basis. The City of Long Beach is in the process of developing a Climate Action and Adaptation Plan (CAAP). This plan would provide framework for updating policies, programs, practices, and incentives for residents and businesses to reduce emissions and will include various energy efficiency measures. The STRO would not conflict with any state or local plan for renewable energy.
VII. GEOL
OGY AND SOILS
a. Woul
d the project directly or indirectly cause potential adverse effects, including the risk of loss, injury, or death involving:
i) Ru
pture of a known earthquake fault, as delineated on the most recent Alquist -Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.
Negative Declaration ND 07-19
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Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
Th
e City of Long Beach is located in a seismically active region of Southern California. An active fault line, Newport-Inglewood, extends 47 miles from Culver City southeast through Long Beach and other coastal communities . This fault zone runs in a northwest to southeast angle across the southern half of the City.
Development would comply with applicable California Building Standards Code (Title 24) which requires various measures of all construction to account for hazards from seismic shaking. No further environmental analysis is necessary. ii) St
rong seismic ground shaking?
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
Th
e Newport-Inglewood fault zone could create substantial ground shaking if a seismic event occurred along that fault. Similarly, a strong seismic event on any other fault system is Southern California has the potential to create considerable levels of ground shaking throughout the City. However, numerous variables determine the level of damage to a specific location. Given these variables, it is not possible to determine the level of damage that may occur during a seismic event. All land uses must conform to all applicable State and local building codes relative to seismic safety. Please see Section VI I. a. i ) above for further discussion.
iii) Se
ismic-related ground failure, including liquefaction?
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
Per
Plate 7 of the Seismic Safety Element, most of the City is located in areas of either minimal or low liquefaction potential. The only exceptions are in the southeastern portion of the City, where there is significant liquefaction potential, and the western portion (most of the area west of Paci fic Avenue and south of the 405 freeway), where there is either moderate or significant liquefaction potential. Please see Section VI I.a. i) for further discussion.
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iv) La
ndslides?
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
Per
the Seismic Safety Element, the City is relatively flat and characterized by slopes that are not high (less than 50 feet) or steep (generally sloping flatter than 1-1/2:1, horizontal to vertical). The State Seismic Hazard Zone Map of the Long Beach Quadrangle indicates that the lack of steep terrain (except for a few slopes on Signal Hill and Reservoir Hill) results in only about 0.1 percent of the City lying within the earthquake- induced landslide zone for this quadrangle.
Therefore, no impact would be expected and no further environmental analysis is required. Please see Section VII. a. i) above for further discussion. b. Woul
d the project result in substantial soil erosion or the loss of topsoil?
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
Th
e project will establish regulations and standards for the short -term rental of existing residential units and not authorize new development. No further environmental analysis is necessary.
c. Woul
d the project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site lan dslide, lateral spreading, subsidence, liquefaction or collapse?
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
Pl
ease see Section VII. b. above for discussion.
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d. Would the project be located on expansive soil, as defined in Table 18-1- B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property?
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
Pl
ease see Section VII. b. for discussion.
e. Woul
d the project have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
Th
e entire City is served by an existing sewer system and therefore has no need for septic tanks or any other alternative wastewater disposal systems . No further environmental analysis is required.
f. Woul
d the project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
Th
e project will establish regulations and standards for the short -term rental of existing residential units and does not propose any excavation or construction and, as such, is not expected to adversely impact any paleontological resources or geologic features.
VIII. GRE
ENHOUSE GAS EMISSIONS
a. Wo
uld the project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
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California is a substantial contributor of global greenhouse gases (GHGs), emitting over 400 million tons of carbon dioxide per year. Climate studies indicate that California is likely to see an increase of three to four degrees Fahrenheit over the next century. Methane is also an important GHG that potentially contributes to global change. GHGs are global in their effect, which is to increase the earth’s ability to absorb heat in the atmosphere. As primary GHGs have a long lifetime in the atmosphere, accumulate over time, and are generally well - mixed, their impact on the atmosphere is mostly independent of the point of emission.
Th
e STRO would not result in direct or indirect GHG impacts, but would rather establish regulations and standards for the short -term rental of existing residential units.
b. Woul
d the project conflict with an applicable plan, policy, or regulations adopted for the purpose of reducing the emissions of greenhouse gases?
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
Pl
ease see Section VIII. a. above for discussion. The proposed project would not permit any land use operations that would conflict with an plans, policies or regulations related to the reduction of greenhouse gas emissions. No further environmental analysis is needed.
IX. HAZ
ARDS AND HAZARDOUS MATERIALS
a. Woul
d the project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
Th
e implementation of the STRO would provide regulations for the short -term rental of existing residential units that may use household cleaners and fertilizer, but would not involve the routine transport, use, or disposal of hazardous materials. No further environmental analysis is required. b. Woul
d the project create a significant hazard to the public or the environment through reasonably fores eeable upset and accident Negative Declaration ND 07-19
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conditions involving the release of hazardous materials into the environment?
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
Pl
ease see Section IX. a. for discussion.
c. Woul
d the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one quart er- mile of an existing or proposed school?
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
Pl
ease see Section IX. a. for discussion.
d. Woul
d the project be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
Pl
ease see Section IX. a. for discussion.
e. For a
project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area?
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
Th
e Long Beach Airport is located within the City, just north of the 405 freeway between Cherry Avenue and Lakewood Boulevard. The STRO would not alter air traffic patterns or encourage future projects that could conflict with established Federal Aviation “Administration (FAA) flight protections zones. All future development in the vicinity of the Long Beach Airport would be in compliance will Negative Declaration ND 07-19
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all applicable local and FAA requirements. Please see Section IX. a. for further discussion.
f. Woul
d the project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
Th
e STRO would not encourage or otherwise set forth any policies or recommendations that could potentially impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. No further environmental analysis is required
g. Woul
d the project expose people or structures to a significant risk of loss, injury or death involving wild land fires, including where wild lands are adjacent to urbanized areas or where residences are intermixed with wild lands?
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
Th
e City is highly -urbanized community and there are no properties located adjacent to wild lands and there is no risk of exposing people or structures to a significant risk of loss, injury or death involving wild land fires. No further environmental analysis is required.
.
X. HYDRO
LOGY AND WATER QUALITY
Th
e Federal Emergency Management Agency (FEMA) has produced a series of Flood Insurance Rate Maps (FIRMs) designating potential flood zones (based on the projected inundation limits as well as the 100- year flood as delineated by the U.S. Army Corps of Engineers).
a. Woul
d the project violate any water quality standa rds or waste discharge requirements or otherwise substantially degrade surface or ground water quality?
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
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The STRO would provide regulations for the short -term rental of existing residential units and would not authorize additional development. The City’s existing development regulations codified in the Long Beach M unicipal Code adequately address potential effects related to hydrology and water quality.
Therefore, no further analysis is required.
b. Woul
d the project substantially de crease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
See
Section X. a. for discussion. The City is a highly urbanized community with the water system infrastructure fully in place to accommodate future development consistent with the General Plan.
c. Woul
d the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces , in a manner which would:
i) res
ult in a substantial erosion or siltation on- or off-site; Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
Th
e proposed STRO does not encourage or enable any alterations to exi sting drainage patterns or the course of streams or rivers. Please see Section X. for discussion.
ii) sub
stantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite;
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
Pl
ease see Sections X. a. and c for discussion.
iii) cr
eate or contribute runoff water which w ould exceed the capacity of existing or planned stormwater drainage systems or provide substantial sources of polluted runoff; or
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Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
Pl
ease see Sections X. a. and c. for discussion.
iv) i
mpede or redirect flood flows?
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
Pl
ease see Sections X. a. and c. for discussion.
d. In f
lood hazard, tsunami, or seiche zones, would the project risk release of pollutants due to project inundation?
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
Ac
cording to Plate 11 of the Seismic Safety Element, most of Long Beach is not within a zone susceptible to tsunami run up or seiche and strong currents.
Potential tsunami hazards would be limited to properties and public improvements near the coastline, while harbor and channel areas would be susceptible to seiche and strong currents. The proposed project does not include new development, so it will not result in any increased risk of inundation to any properties.
e. Woul
d the project conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
Th
e STRO would not directly or indirectly conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan – See Section X. a. for discussion.
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XI. LA
ND USE AND PLANNING
a. Woul
d the project physically divide an established community? Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
Th
e proposed project will establish regulations, standards, and registration process governing the renting or leasing of privately owned visitor serving residential dwelling units on a short -term basis. The proposed project would not directly or indirectly divide any established community as a resul t of these changes. No further environmental analysis is required. b. Cau
se a significant environmental impact due to conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect?
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
See S
ection XI. a. for discussion. The proposed project would not conflict with the City’s General Plan, Local Coastal Program, or any other applicable land use plans and policies. Because the proposed project would not result in a change in land use or authorize new development that is not already permitted by exi sting regulations; it would not conflict with the goals and policies of the City’s General Plan.
Th
e following STRO provisions are intended to support the compatibility of short - term rentals with adjacent properties and maintain neighborhood character. • Th
e owner or operator shall ensure that the short -term rental is used in a manner that complies with all applicable laws, rules and regulations pertaining to the use and occupancy of a short-term rental. • Th
e STRO shall not supersede or interfere with a dwelling unit subject to a homeowners’ or condominium association restrictions regarding short - term rental.
• Proper
ty owners of residential property in any census tract within the City may petition to prohibit un- hosted STRs (where host resides off -site) within that census tract.
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• The maximum number of persons who may occupy the short -term rental (STR) shall be limited to two (2) persons per bedroom, plus two (2). This calculation includes children. The maximum occupancy shall not exceed ten (10) persons in any STR.
• Larg
e-scale events such as commercial parties, weddings, etc. are prohibited unless a STR occasional event permit has been issued. • Th
e STR operator shall identify, to the satisfaction of the City, a local contact person who shall be available twenty -four (24) hours per day, seven (7) days a week for responding within one (1) hour to complaints regarding the conditions, operation, or conduct of the STR or its occupants, and take any remedial action necessary to resolve such complaints.
• A s
hort-term re ntal shall not change the outside residential character of the neighborhood including all applicable development, design and landscaping standards. No exterior signage relating to the STR allowed. • Guests of the short -term rental shall comply with the City of Long Beach Municipal Chapter 8.80 Noise Regulations, including quiet hours between 10 P.M. and 7 AM. In addition, the use of outside pools, spas, hot tubs are prohibited between the hours of 10 P.M. and 7 A.M.
• The operator shall post the following inf ormation in a prominent location within the short-term rental:
1) The maximum number of occupants permitted in the unit. 2) Parking capacity, location of parking spaces, and parking rules, if any;
3) Trash and recycling pickup information;
4) The name of the local contact and a telephone number at which that person may be reached on a twenty-four (24) basis; 5) Emergency contact information for summoning police, fire, emergency medical services; and
6) Evacuation plan for the unit showing emergency exit routes, exits, and fire extinguisher locations.
Th
ese provisions of the proposed STRO would substantially reduce potential impacts to a level that is less than significant and mitigation measures are required.
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ty of Long Beach
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XII. MI
NERAL RESOURCES
Hi
storically, the primary mineral resources within the City of Long Beach have been oil and natural gas. However, oil and gas extraction operations have diminished over the last century as the resources have become depleted. Today, extraction operations continue but on a reduced scale compared to past levels. a. Woul
d the project result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
Th
e STRO does not propose any alteration of local mineral resource land uses and there are no mineral resource activities that would be altered or displaced by implementation. No further discussion is required.
b. Woul
d the project result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan?
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
Pl
ease see Section XII. a. for discussion.
XIII. NOIS
E
Noise i
s defined as unwanted sound that disturbs human activity. Environmental noise levels typically fluctuate over time, and different types of noise descriptors are used t o account for this variability. Noise level measurements include intensity, frequenc y, and duration, as well as time of occurrence.
Som
e land uses are considered more sensitive to ambient noise levels than other uses due to the amount of noise exposure and the types of activities involved. Residences, motels, hotels, schools, libraries, churches, nursing homes, auditoriums, parks and outdoor recreation areas are more sensitive to noise than are commercial and industrial land uses.
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a. Would the project result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
Th
e STRO would not authorize new development or change existing regulations regarding construction or mechanical equipment noise. The City’s Noise Ordinance (Long Beach Municipal Code Section 8.80) addresses issues of construction and land use operation. However, potential noise impacts could occur if occupants were to engage in activities or behavior that is disruptive to adjacent residents, such as play ing loud music outdoors. It is not possible to quantify or predict in any meaningful way the differences between long -term tenants and short-term tenants with regard to human-generated noise. However, in order to address this concern, the proposed regulations include the following provisions intended to minimize such noise impacts:
• Lim
it on the maximum number of persons who may occupy the STR; • Prohibit large-scale events as part of the short -term rental use, unless a STR occasional event permit has been issued;
• All activities must comply with the Municipal Code, including, but not limited to Chapter 9.31 (Loud Parties on Private Property) and Chapter
8.80.190 (Noise Disturbances – Prohibited). It is unlawful for any STR host, operator, occupant, renter, lessee, person present upon to make any loud, unnecessary or unusual noise which disturbs the peace and quiet of any neighborhood;
• A local contact person who shall be available twenty -four (24) hours per day, seven (7) days a week for responding within one (1) hour to complaints regarding the conditions, operation, or conduct of the STR or its occupants, and take any remedial action necessary to resolve such complaints.
b. Woul
d the project result in generation of excessive ground borne vibration or ground borne noise levels?
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
See S
ection XIII. a. for discussion.
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c. For a project located within the vicinity of a private airstrip or airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the projec t area to excessive noise levels?
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
Se
e Section XIII. a. for discussion.
XIV. PO
PULATION AND HOUSING
Th
e City of Long Beach is the second largest city in Los Angeles County. At the time of the 2000 Census, Long Beach had a population of 461,522, which was a 7.5 percent increase from the 1990 Census. The 2010 Census reported a total City population of 462,257.
a. Would t
he project induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
The
proposed STRO would not authorize new development or induce substantial population growth. No further analysis required.
b. Woul
d the project displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere?
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
The
proposed STRO will not displace substantial numbers of existing people or housing units. The STRO will allow primary residence short -term rentals where the owner resides at the same property as the short -term rental (STR,) but place limitations on the number of non- primary short-term residences in the City. The total number of non-primary residence STR registrations allowed will be limited to not exceed one (1) percent of the City’s total number of housing units. In 2018, Negative Declaration ND 07-19
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the total number of housing units in the City of Long Beach was approximately 177,378. Based on that estimate, the non-primary STR registrations would be limited to approximately 1,774.
XV. PUBL
IC SERVICES
Fi
re protection would be provided by the Long Beach Fire Department. The Department has 23 stations in the City. The Department is divided into bureaus of Fire Prevention, Fire Suppression, the Bureau of Instruction, and the Bureau of Technical Services. The Fire Department is accountable for medical, paramedic, and other first aid rescue calls from the community.
Pol
ice protection would be provided by the Long Beach Police Department. The Department is divided into bureaus of Administration, Investigation, and Patrol. The City is divided into four Patrol Divisions: East, West, North and South.
Th
e City of Long Beach is served by the Long Beach Unified School District, which also serves the City of Signal Hill, Catalina Island and a large portion of the City of Lakewood. The District has been operating at or over capacity during the past decade.
Woul
d the proposed project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptabl e service ratios, response times or other performance objectives for any of the public services:
a. Fir
e protection?
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
The
STRO establishes regulations, standards, and registration process governing the renting or leasing of privately-owned residential dwelling units on a short-term basis. It is not intended to directly or indirectly induce population growth that could result in increased demand for fire protection services or fire protection facilities. No further environmental analysis is required. b. Pol
ice protection?
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
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Similar to Section XV. a. above, the STRO would not significantly increase demands for police protection service, nor require provision of new police facilities. The STRO includes operating standards with an enforcement process if violations occur, including but not limited to fines, suspensions, additional conditions, and ultimately revocation of STR registrations for short -term rentals that constitute a public nuisance.
c. Sc
hools?
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
Si
milar to Section XV. a. above, the STRO would not significantly increase demands for public school services or facilities.
d. Par
ks?
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
Si
milar to Section XV. a. above, the STRO would not significantly increase demands for park services, or facilities by the City.
e. Oth
er public facilities?
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
No ot
her impacts have been identified that would required the provision of new or physically altered governmental facilities.
XVI. RE
CREATION
a. Woul
d the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
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The STRO establishes regulations, standards, and registration process governing the renting or leasing of privately-owned residential dwelling units on a short-term basis. It is not intended to directly or indirectly induce population growth that could result in increased demand for recreational facilities. No further environmental analysis is required.
b. Do
es the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment?
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
Pl
ease see Section XVI. a. above for discussion. No further envir onmental analysis is required.
XVII.
TRANSPORTATION
a. Woul
d the project conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities?
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
The
STRO establishes regulations, standards, and a registration process governing the renting or leasing of privately-owned residential dwelling units on a short-term basis. It is not intended to directly or indirectly induce population growth that could result in increased number of vehicle trip, volume to capacity ratios, or traffic congestion. No further environmental analysis is required. b. Woul
d the project conflict with or be inconsistent with CEQA Guidelines § 15064.3, subdivision (b)?
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
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Please see Section XVII. a. for discussion. Since the STRO would not encourage or plan for significant traffic growth, there would be no significant impact on levels of service.
c. Woul
d the project substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)?
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
Pl
ease see Section XVII. a. for discussion. Since the STRO would not encourage or plan for significant traffic growth, there would be no significant increase of hazards due to geometric design features or incompatible uses. d. Woul
d the project result in inadequate emergency access?
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
Pl
ease see Section XVII. a. for discussion. The STRO would not encourage or plan for significant traffic growth or transportation network modifications that would have the potential to result in deficient or inadequate emergency access routes. No further environmental analysis is required.
XVII
I. TRIBAL CULTURAL RESOURCES
Wo
uld the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section § 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a Calif ornia Native American tribe, that is:
a. Lis
ted or eligible for listing in the California Register of Historic Resources, or in a local register of historic resources as defined in Public Resources Code Section 5020.1(k), or
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Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
Pl
ease see Section V. (Cultural Resources) above. STRO implementation would not result in any specific construction activities involving extensive excavation, and therefore would not be anticipated to significantly affect or destroy any Native American tribal cultural resources. No further environmental analysis is required.
b. A
resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1? In applying the criteria set forth in subdivision (c) of Public Res ources Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe.
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
Pl
ease see Section XVIII. a. above. The City has no substantial evidence of any significant resource impacted by the STRO. No further environmental analysis is required at this time.
XIX. UT
ILITIES AND SERVICE SYSTEMS
a. Woul
d the project require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the constr uction or relocation of which could cause significant environmental effects?
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
b. Woul
d the project have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years?
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Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
c. Woul
d the project result in a determination by the waste water treatment provider, which serves or may serve the project that has adequate capacity to serve the project’s projected demand in addition to the providers existing commitments?
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
d. Woul
d the project generate solid waste in excess of state or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
e. Woul
d the project comply with federal, state, and local management and reduction statutes and regulations related to solid waste? Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
For
Sections XIX. a. through e., the STRO requirements would not be expected to place an undue burden on any utility or service system. The City of Long Beach is an urbanized setting with all utilities and services fully in place.
Future demands for utilities and service systems have been anticipated in the General Plan goals, policies, and programs for future growth. The City’s Urban Water Management Plan (UWMP) anticipates a level of population growth in excess of the General Plan, therefore the buildout of the General Plan, including any future development projects, will result in water demand equal or less than that already anticipated in the UWMP. No further environmental analysis is necessary.
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XX. WILDFIRE
If
located in or near state responsibility areas or lands classified as very high fire hazard severity zones:
a. Woul
d the project substantially impair an adopted emergency response plan or emergency evacuation plan?
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
b. Woul
d the project, due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
c. Wo
uld the project require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
d. Woul
d the project expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
For
Sections XX. a. through d., The City of Long Beach has not been identified as a Very High Fire Hazard Severity Zone P roject by CAL Fire1, nor is the City in or near a State Responsibility Area 2. The project will establish regulations, 1 http:fire.ca.gov/fire_prevention_wildland_zones_maps_citylist 2 http://www.fire.ca.gov/firepreventionfee/sraviewer_launch Negative Declaration ND 07-19
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standards, and registration process governing the renting or leasing of privately owned residential dwelling units on a short -term basis, and would not be expected to impair emergency plans, exacerbate wildfire risks and expose project occupants to pollutant concentrations from a wildfire or uncontrolled spread of a wildfire place. The project would not require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment. Finally, as discussed in Section VII. iv., the City is relatively flat and characterized by slopes that are not high (less than 50 feet) or steep (generally sloping flatter than 1- 1/2:1, horizontal to vertical). The project would not be expected to expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post -fire instability, or drainage changes. No further environmental analysis is necessary.
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XXI. MA
NDATORY FINDINGS OF SIGNIFICANCE
a. Do
es the project have the poten tial to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a r are or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory?
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
As
determined in Section IV. Biological Resources and Section V. Cultural Resources, the project would have no significant adverse impacts on biological or cultural resources. The proposed project would not degrade the quality of the environment, impact any natural habitats, effect any fish or wildlife populations, threaten any plant or animal communities, alter the number or restrict the range of any rare or endangered plants or animals, or eliminate any examples of the major periods of California history or prehistory.
b. Do
es the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
Th
e project would not contribute to any cumulative growth effec ts beyond what is anticipated for the City’s future in the General Plan.
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c. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No Impact
Th
e project would not directly or indirectly cause any substantial adverse effects on human beings. For this reason, the City has concluded that this project can be implemented without causing significant adverse environmental effects and determined that the Negative Declaration is the appropriate type of CEQA documentation.
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OFFICE OF THE CITY ATTORNEY
CHARLES PARKIN, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach,CA 90802
O R D I N A N C E N O .
AN ORDINANCE OF THE CITY COUNCIL
OF THE
CITY OF LONG BEACH AMENDING THE LONG BEACH
MUNICIPAL CODE BY ADDING CHAPTER 5.77, RELATED
TO SHORT-TERM RENTALS
The City Council of the City of Long Beach ordains as follows:
Section 1. Chapter 5. 77 is added to the Long Beach Municipal Code to read as follows:
CHAPTER 5.77
SHORT-TERM RENTALS
5.77.010 Purpose.
The purpose of this Chapter is to establish regulations, standards, and a registration process governing the renting or leasing of privately owned visitor serving residential dwelling units on a short-term basis in order to maintain the long-term rental housing stock in the City; ensure the collection and payment of Transient Occupancy Taxes (“TOT”); safeguard the residents of the City of Long Beach by ensuring that short-term rental activities do not threaten the character of residential neighborhoods; and ensuring that such short-term rental activities do not become a nuisance, or threaten the public health, safety or welfare of neighboring properties.
5.77.020 Definitions.
A. “Booking transaction” means any reservation and/or payment service provided by a person or entity who facilitates a short-term rental Appendix A
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transaction between a prospective guest and a short-term rental operator.
B. “City” means Cit y of Long Beach.
C. “Director” shall mean the Direc tor of Development Services or a person designated by the Director to act in her/his stead.
D "Guest" means any person or persons renting a short-term rental for transient occupancy.
E. “Host” means the natural per son or persons, at least one of whom is an occupier of the property, who is/are the owner of record of the property or operates the property, and includes a personal or family trust consisting solely of natural persons and the trustees of such trust or a limited liability company and the members of such company.
F. “Hosted stay” means a short-te rm rental activity whereby the host remains on-site and resides in a habitable dwelling unit or portion thereof throughout the guest's stay (except during daytime and/or work hours).
G. “Hosting platform” means a person or entity that participate s in the short-term rental business by collecting or receiving a fee, directly or indirectly through an agent or intermediary, for conducting a booking transaction using any medium of facilitation.
H. “Local contact person” means the person designated by the operator to respond to and take remedial action regarding STR complaints.
I. “Non-primary residence STR” m eans a short-term rental that is not a primary residence.
J. “Permanent resident” means a nat ural person, eighteen (18) years old or older, who occupies a dwelling unit in the Long Beach city limits as his or her primary residence or for at least sixty (60) consecutive days with intent to establish that unit as his or her primary residence. A permanent resident may not be a corporation, limited liability company, 3 MJM:kjm 5/28/19; 9/12/19 A18-03680; 00981568.docx; 1 2
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OFFICE OF THE CITY ATTORNEY
CHARLES PARKIN, City Attorney
411 West Ocean Boulevard, 9th Floor
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partnership, or other business or commercial entity. A permanent resident may be an owner or a tenant.
K. “Platform agreement” means a signed agreement between a hosting platform and the City, which, among other things, provides that the hosting platform will collect and submit transient occupancy tax to the City on behalf of short-term rental operators.
L. “Primary residence” means a person's permanent residence or usual place of return for housing as documented by at least two (2) of the following: motor vehicle registration; driver's license; voter registration; tax documents showing the residential unit as the person’s residence; or a utility bill. A person may have only one (1) primary residence and must reside there for a minimum of two hundred seventy-five (275) days during the calendar year. For properties with two (2) existing legally permitted dwelling units (e.g., a single-family dwelling and an accessory dwelling unit or a duplex), the term "primary residence" shall refer to the parcel of land and both units on that parcel.
M. “Primary residence STR” means a primary residence being operated as a short-term rental.
N. “Prohibited buildings list” means a list identifying the address(es) of all buildings whose owner(s), including any applicable homeowners’ association or board of directors, have notified the City, pursuant to City procedures, that short-term rentals are not permitted to operate anywhere in such building, including deed restricted affordable housing units. Prohibited buildings list shall also include a list of census tracts where un-hosted STRs are prohibited per Section 5.77.080.
O. "Short-term rental (“STR”)" means a residential dwelling uni t, or portion thereof, that is offered or provided to a paying guest(s) by a short- term rental operator for thirty (30) or fewer consecutive nights. The term 4 MJM:kjm 5/28/19; 9/12/19 A18-03680; 00981568.docx; 1 2
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“short-term rental” shall not include hotels, motels, inns, or bed and breakfast inns.
P. "Short-term rental adverti sement" means any method of soliciting use of a dwelling unit for short-term rental purposes.
Q. "Short-term rental operator" or "operator" means any person who is the owner or tenant of a dwelling unit, or portion thereof, who offers or provides that dwelling unit, or portion thereof, for short-term rental use.
R. “Single room occupancy” is as defined in Section 21.15.2667.
S. “Special group residence” i s as defined in Section 21.15.2810 and 21.52.271.
T. “Tenant” means a person who ha s a rental agreement for a dwelling unit in which the rental payments are paid on a monthly or other periodic basis in exchange for occupancy of the dwelling unit.
U. “Transient occupancy tax” (“TOT”) means local transient tax as set forth in Chapter 3.64 of the Long Beach Municipal Code.
V. “Un-hosted stay” means a shor t-term rental activity whereby the host, as that term is defined herein, resides off-site during the guest's stay.
5.77.030 Registration required.
A. No person or entit y shall advertise, rent, or operate a short- term rental unless a short-term rental (STR) registration has been issued by the City pursuant to this Chapter. An operator of the STR shall register with the City and shall be responsible for all requirements of this Chapter.
Application for a STR shall be in a form prescribed by the Director with all information determined by the Director to be necessary to evaluate the eligibility of the operator, consistent with this Chapter.
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met at the time of submitting a STR registration application:
1. The dwelling unit shall not be a deed restricted
affordable housing unit, in a special group residence, a single room occupancy, or included on the prohibited buildings list.
2. The STR operator shall not operate more than one (1) primary residence STR and more than two (2) non-primary residence STRs in the City.
3. The number of non-primary residence STRs in multi-
family development projects shall not exceed the number identified in the Table below:
Number of dwelling units in
residential development
Number of non-primary residence STRs
allowed per development project
2 to 10 1
11 to 50 10%
51 to 100 12%
101 or more 15%
4. T
he total number of non-primary residence STR
registrations issued shall not exceed one (1) percent of the City’s total number of housing units. The number of total housing units shall be determined based on an annual housing estimate published on the California State Department of Finance website.
5. The STR operator shall identify, to the satisfaction of the City, a local contact person who shall be available twenty-four (24) hours per day, seven (7) days a week for: (1) responding within one (1) hour to complaints regarding the condition, operation, or conduct of the STR or its occupants; and (2) taking any remedial action necessary to resolve such complaints.
6. A signed and notarized p roperty owner consent form
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shall be provided if the STR operator is not the property owner.
7. The dwelling unit or property shall not be the subject of any active or pending code enforcement actions or violations pursuant to the City’s Municipal Code.
8. No STR registration fo r the dwelling unit has been
revoked within the last twelve (12) months.
9. If the dwelling unit is subject to the rules of a
homeowners’ or condominium association, allowance to engage in short- term rental activity through this Chapter shall not be inferred to grant any permission that invalidates or supersedes any provisions in those documents.
10. The operator shall sign an indemnification and hold harmless agreement in a form approved by the City Attorney, agreeing to indemnify, save, protect, hold harmless, and defend the City of Long Beach, the City Council of the City of Long Beach, individually and collectively, and the City of Long Beach representatives, officers, officials, employees, agents, and volunteers from any and all claims, demands, damages, fines, obligations, suits, judgments, penalties, causes of action, losses, liabilities, or costs at any time received, incurred, or accrued as a result of, or arising out of the operator’s actions or inaction in the operation, occupancy, use, and/or maintenance of the short-term rental.
11. The unit shall be legally permitted as a dwelling unit.
5.77.040 Expiration and renewal.
A. A STR registration is valid for one (1) year from the date o f issuance. It may not be transferred or assigned and does not run with the land. A STR registration may be renewed annually if the operator: (1) pays the renewal fee; (2) provides information concerning any changes to the 7 MJM:kjm 5/28/19; 9/12/19 A18-03680; 00981568.docx; 1 2
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previous application for, or renewal of, the STR registration; (3) submits records described in Section 3.64.080 for the last year to demonstrate compliance with this Chapter.
B. Failure to submit a renewal a pplication to the City at least thirty (30) days prior to the expiration of the registration shall render the registration and permission to operate an STR null and void.
5.77.050 Short-term r ental regulations.
A. All marketing and advertising o f a STR, including any listing on a hosting platform, shall clearly list the City-issued STR registration number.
B. Short-term rental is prohibited in any part of the property not approved and permitted for residential use including, but not limited to, a vehicle parked on the property, a storage shed, trailer, garage, boat or similar watercraft, tree house, or any temporary structure, including, but not limited to, a tent.
C. Un-hosted stays in a primary residence STR shall be limited to a maximum of ninety (90) days per year.
D. Un-hosted stays shall be prohibited in census tracts in the City where such stays are prohibited in accordance with Section 5.77.080 or any successor Section.
E. Each STR shall have a notic e posted within the unit in a location clearly marked and accessible to the guest (e.g., posted on the refrigerator, included within a binder with additional information on the unit, etc.), containing the following information:
1. The maximum number of occupants permitted in the
unit;
2. Parking capacity, locati on of parking spaces, and
parking rules, if any;
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3. Trash and recycling pickup information;
4. The name of the local contact and a telephone number at which that person may be reached on a twenty-four (24) hour basis;
5. Emergency contact informa tion for summoning police, fire, or emergency medical services; and
6. Evacuation plan for the unit showing emergency exit
routes, exits, and fire extinguisher locations.
F. The maximum number of persons who may occupy the STR at one (1) time shall be limited to two (2) persons per bedroom, plus two (2).
This calculation shall be inclusive of children. Lofts that meet California Building Code egress requirements are considered a bedroom for the purposes of this occupancy calculation. In no event may the maximum occupancy exceed ten (10) persons in any STR. Large-scale events (i.e., exceeding maximum allowed occupancy) such as commercial parties, weddings, fundraisers, and conferences, are prohibited as part of the short- term rental use, unless a STR occasional event permit has been issued.
G. Use of all outdoor pools, spas and hot tubs shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m.
H. All activities shall comply with all provisions of the Munic ipal Code, including, but not limited to Chapter 9.31 (Loud Parties on Private Property) and Chapter 8.60 (Solid Waste, Recycling and Litter Prevention).
I. No sign shall be pos ted on the exterior of the STR premises to advertise the availability of the STR rental unit to the public.
J. No person shall offer, adv ertise, book, facilitate, or engage in short-term rental activity in a manner that does not comply with this Chapter.
K. Short-term rentals shall comp ly with all applicable laws and regulations of the City including those pertaining to health, safety, building, and fire protection.
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L. The STR operator shall pay all applicable fees and charges set by the City Council by resolution as may be necessary to effectuate the purpose of this Chapter.
M. It is unlawful for any STR host, operator, occupant, renter, lessee, person present upon, or person having charge or possession of the STR premises, to make or continue to cause to be made or continued any loud, unnecessary or unusual noise which disturbs the peace and quiet of any neighborhood, or which causes discomfort or annoyance to any reasonable person of normal sensitivities residing in the area, or which violates any provision of Chapter 8.80 (“Noise”) of this Code.
N. The appearance of the STR premises shall not conflict with the residential character of the neighborhood. All applicable development, design, and landscaping standards, including, but not limited to, those contained in Title 21 of this Code, are expressly made applicable to any premises used for STR purposes.
5.77.060 Short-term rental operator requirements.
A. The operator shall provide information on the maximum allowed number of occupants, parking capacity and location of parking spaces, noise regulations and quiet hours, and trash and recycling disposal requirements to prospective guests, prior to their occupancy of the unit.
B. The operator shall provide and maintain working fire extinguishers, smoke detectors, and carbon monoxide detectors, in compliance with life, fire, and safety codes; and information related to emergency exit routes on the property, local contact, and emergency contact information.
C. The operator shall maintain and provide proof of liability insurance appropriate to cover the short-term rental use in the aggregate of 10 MJM:kjm 5/28/19; 9/12/19 A18-03680; 00981568.docx; 1 2
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Long Beach,CA 90802
not less than One Million Dollars ($1,000,000); or conduct each short-term rental transaction through a platform that provides equal or greater insurance coverage.
D. Transient Occupancy Taxes sh all be collected on all Short- Term Rentals. If a Hosting Platform does not collect payment for the rental, operators are solely responsible for the collection of all applicable TOT and remittance of the collected tax to the City in accordance with Chapter 3.64 (Transient Occupancy Tax). If a Hosting Platform does collect payment for the rentals, then it and the operator shall both have legal responsibility for the collection and remittance of the TOT.
E. The operator and property owner shall be jointly responsible for any nuisance violations arising at a property during short-term rental activities.
F. The operator shall authorize any hosting platform on which his or her STR(s) is listed to provide to the City the operator listing and other information to demonstrate compliance with all provisions of this Chapter.
G. The operator must consent to receive all City notices and fines regarding STR registration by U.S. mail.
5.77.070 Hosting platform responsibilities.
A. Hosting platforms shall not pro cess or complete any booking transaction for any STR unless a valid STR registration number has been issued by the City to an operator.
B. Within forty-five (45) days of the effective date of this Ordinance, hosting platforms with listings located in the City shall provide to the City contact information for an employee or representative of the hosting platform that will be responsible for responding to requests for information from the City, including requests related to possible violations of this Chapter. 11 MJM:kjm 5/28/19; 9/12/19 A18-03680; 00981568.docx; 1 2
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C. Subject to applicable laws, a hosting platform with listings located in the City shall provide to the City on a monthly basis, in a format specified by the City, the STR registration number of each listing, the name of the person responsible for each listing, the address of each such listing, and, for each booking that occurs within the reporting period, the number of days booked, and the total price paid for each rental.
D. In the event a hosting pla tform has entered into a platform agreement, and an operator has assigned the responsibilities for the collection and remittance of transient occupancy tax to the hosting platform, then the hosting platform and the operator shall have the same duties and liabilities, including but not limited to the collection and remittance of transient occupancy tax to the City in compliance with this Chapter and Chapter 3.64 (Transient Occupancy Tax) of this Code. The provisions of this Section shall not apply to a hosting platform whenever it complies with any Administrative Guidelines issued by the City and approved by resolution of the City Council that describe how the hosting platform shall satisfy the hosting platform responsibilities in this Section.
E. The provisions of this Secti on shall be interpreted in accordance with otherwise applicable State and Federal law(s) and will not apply if determined by the City to be in violation of, or preempted by, any such law(s).
F. Hosting platforms shall remove any listings for STRs from th e platform upon notification by the City. The City Manager shall develop, by administrative regulation, processes and procedures for the removal of any listing.
G. Hosting platforms shall info rm all operators who use the platform of the operator's responsibility to collect and remit all applicable local, state, and federal taxes, unless the platform has a platform agreement. 12 MJM:kjm 5/28/19; 9/12/19 A18-03680; 00981568.docx; 1 2
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OFFICE OF THE CITY ATTORNEY
CHARLES PARKIN, City Attorney
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Long Beach,CA 90802
5.77.080 Petition to restrict un- hosted short-term rentals within a geographical census tract.
A. The property owners of resi dential property in any census tract within the City may petition, using a form provided by the Director, to prohibit un-hosted STRs within that census tract.
B. The petition must include t he signatures and printed names, and addresses of at least two-thirds (2/3) of the property owners of residential real property within the boundaries of the census tract and the petition shall in all cases be submitted to the Director within one hundred and eighty (180) days after the date the California Coastal Commission certifies the adoption of this Chapter as an appropriate implementation ordinance for the City’s Local Coastal Program. All petition signatures shall be submitted on a street by street basis inclusive of the street address of each signer, and shall indicate and set forth the positive desire of all those signing the petition to prohibit un-hosted stays within the boundaries of the census tract.
C. For purposes of the petition, each residential property with in the census tract shall be represented by one (1) vote and multiple signatures for the same property shall count as one (1) vote.
D. Upon receipt of a petition, t he Director shall verify that the petition contains the required number of signatures requesting that un- hosted stays be prohibited within the census tract.
E. Following approval of an un-hosted restriction by the Director, the City shall provide notice of the restriction to all residential property owners within the boundaries of the affected census tract.
F. A restriction on un-hosted STRs shall be in effect for three (3) years following the effective date of such a restriction. If the property owners within the restricted census tract desire to extend the term of the 13 MJM:kjm 5/28/19; 9/12/19 A18-03680; 00981568.docx; 1 2
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restriction beyond the initial period, a new petition shall be filed with the City following the procedures set forth in this Section.
G. Repeal.
At any time during the three (3) year restricted period, an un-hosted STR restriction may be removed by the same petition process utilized to establish the restriction.
H. The City Clerk or the Department of Development Services shall cause to be posted online a list or map of the current census tracts where un-hosted STRs are prohibited.
I. Any fees associated with the filing of the petition, or the removal of a restriction once adopted, shall be established by the City Council by resolution.
5.77.090 Enforcement.
A. It is unlawful to violate t he provisions of this Chapter.
Violations include, but are not limited to:
1. Failure of the local contact to take action to respond to a complaint within one (1) hour after the complaint is received or a contact is attempted and the local contact cannot be reached;
2. Failure to notify the City when the local contact
information changes;
3. Violation of the STR maximum occupancy, noise, or
other requirements as set forth in this Chapter;
4. Providing false or misl eading information on a STR
registration application or other documentation required by this Chapter;
5. Any attempt to rent an unreg istered STR by advertising the property for short-term rental purposes;
6. Completing a booking transaction in the City without a 14 MJM:kjm 5/28/19; 9/12/19 A18-03680; 00981568.docx; 1 2
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CHARLES PARKIN, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach,CA 90802
valid City-issued registration number;
7. Completing a booking transaction where the STR
registration has been revoked or suspended by the City;
8. Violations of state, count y, or City health, building, or fire regulations;
9. Conduct or activities that constitute a public nuisance or which otherwise constitute a hazard to public peace, health, or safety.
B. Unless otherwise described in this Section, enforcement of this Chapter shall be subject to the processes and procedures in Chapter
1.32 of the Municipal Code.
C. Notwithstanding anything to the contrary in Chapter 1.32, th e fine shall be one thousand dollars ($1,000) for each violation. Each separate day in which a violation exists may be considered a separate violation.
However, a thirty (30) day warning period shall be provided prior to issuing fines for advertising a STR without a valid registration number.
D. If three (3) fines have been issued against a STR within a twelve (12) month period, the STR registration may be revoked or suspended or additional conditions may be imposed by the Director by providing written notice to the operator setting forth the basis of the intended action and giving the operator an opportunity, within fourteen (14) calendar days, to present responding information to the Director. After the fourteen (14) day period, the Director shall determine whether to revoke the registration, suspend the registration, or impose additional conditions upon the registration and thereafter, give written notice of the decision to the operator. If a STR registration is revoked, the STR may not be re-registered with the City for a period of twelve (12) months from the date of revocation, regardless of who is the STR operator.
E. The City hereby finds and declares that repeated violations of 15 MJM:kjm 5/28/19; 9/12/19 A18-03680; 00981568.docx; 1 2
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CHARLES PARKIN, City Attorney
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this Chapter constitute a public nuisance which may be enjoined under all applicable laws including Code of Civil Procedure Section 731.
F. Any person convicted of vio lating any provision of this Chapter in a criminal case or found to be in violation of this Chapter in a civil or administrative action brought by the City shall be ordered to reimburse the City its full investigative and enforcement costs, pay back all unpaid TOT if applicable, and remit all illegally obtained rental revenue to the City.
G. If any violation of this Chapt er is found to exist, the City may issue an administrative citation to any operator pursuant to Chapter 9.65 of this Code.
H. The City may take any other a ction permitted by law or equity to ensure compliance with this Chapter, including, but not limited to, general code enforcement procedures set forth in Titles 5, 9, 18 and 21 of this Code.
I. The City may issue and serv e administrative subpoenas as necessary to obtain specific information regarding STR listings located in the City, including, but not limited to, the names of the persons responsible for each such listing, the address of each such listing, the length of stay for each such listing, and the price paid for each stay, to determine whether the STR listings comply with this Chapter. Any subpoena issued pursuant to this Section shall not require the production of information sooner than thirty (30) days from the date of service. A person that has been served with an administrative subpoena may seek judicial review during that thirty (30) day period.
J. Any person aggrieved by a decision of the Director with respect to the provisions of this Chapter may appeal the decision to the Board of Examiners Appeals and Condemnation (“BEAC”). The decision of the BEAC shall be final, subject to judicial review pursuant to Code of Civil Procedure Sections 1094.5 and 1094.6.
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K. The remedies provided in this Section are cumulative and not exclusive, and nothing in this Section shall preclude the use or application of any other remedies, penalties, or procedures established by law.
5.77.100 Fees.
The City Council may establish and set by resolution all fees and charges as may be necessary to effectuate the purpose of this Chapter.
5.77.110 Administration.
A. The City Manager, or designee , shall have the authority to establish administrative rules and regulations consistent with the provisions of this Chapter for interpreting, clarifying, carrying out, furthering, and enforcing the requirements and the provisions of this Chapter.
B. If any provision of this Chapter conflicts with any provision of Title 21 (Zoning), the terms of this Chapter shall control.
5.77.120 Operator regi stration period.
STR operators shall apply for registration pursuant to this Chapter within ____________________ days after the effective date of this Chapter.
5.77.130 Severability clause.
If any provision or clause of this Chapter or the application thereof to any person or circumstances is held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other section provisions or clauses or applications, and to this end the provisions, sections and clauses of this ordinance are declared to be severable.
//
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CHARLES PARKIN, City Attorney
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Long Beach,CA 90802
Section 2. The City Cl erk shall certify to the passage of this ordinance by the City Council and cause it to be posted in three (3) conspicuous places in the City of Long Beach, and it shall take effect on the thirty-first (31st) day after it is approved by the Mayor.
I hereby certify that the foregoing ordinance was adopted by the City Council of the City of Long Beach at its meeting of , 20___, by the following vote:
Ayes: Councilmembers:
Noes: Councilmembers:
Absent: Councilmembers:
City Clerk
Approved:
(Date) Mayor
Appendix B
Assembly Bill {AB) 52
Distribution List and Responses Received
AB 52 Distribution List: Short-Term Rental Ordinance (Application No. 1905-221 Anthony Morales, Chairperson
Gabrlelino Tongva San Gabriel Band of Mission Indians
P.O. Box 693
San Gabriel, CA 91778
Certified Mail -Tracking No. 70181830 0000 2094 9691
Michael Mirelez
Torres Martinez Desert Cahuilla Indians
P.O. Box 1160
Thermal, CA 92274
Certified Mail -Tracking No. 7018 1830 0000 2094 9707
Mr. Joseph Ontiveros
Soboba Band of Luiseno Indians
P.O. Box487
San Jacinto, CA 92581
Certified Mall -Tracking No. 7018 1830 0000 2094 9714
Mr. Andrew Salas
Gabrleleno Band of Mission lndlans-Klzh Nation
P.O. Box 393
Covina, CA 91723
Certified Mall -Tracking No. 7018 1830 0000 2094 9721
Mr. Robert Dorame
Gabrieleno Tongva Indians of California Tribal Council
P.O. BOlc490
Bellflower, CA 90707
Certified Mail -Tracking No. 7018 1830 0000 2094 9738
Ms. Linda Candelaria
Gabrleleno-Tongva Tribe
80839 Camino Santa Juliana
Indio, CA 92203
Certified Mail -Tracking No. 7018 1830 0000 2094 9745
Ms. Sandonne Goad
Gabrieleno/fongva Nation
106 ½ Judge John Also Street, #231
Los Angeles, CA 90012
Certified Mail - Tracking No. 7018 1830 0000 2094 9752
Mr. Charles Alvarez
Gabrieleno-Tongva Tribe
23454 Vanowen Street
West Hills, CA 91307
Certified Mail -Tracking No. 7018 1830 0000 2094 9769
TORRES MARTINEZ DESERT CAHUILLA INDIANS
P.O. Box 1160
Thermal, CA 92274
(760) 397-0300-FAX (760) 397-8146
June 3, 2019
Attn: Anita Juhola
... 'l
}
Re: AB 52 Consultation for the Short-Term Rentals Project, The Torres - Martinez Desert. Cahullla appreciates your response to our ABSZ notlflcatlon request.
And In light of said information concemlng your agencies location, the Tribe wishes to defer all future project not!Hcatlons to Tribes that are closer to your area.
Respectfully,
tfL�z-. -
Michael Mirelez
Cultural Resource Coordinator
Torres-Martinez Desert Cahuilla Indians
Office: 760-397-0300 Ext: 1213
Cell:760-399-0022
llmail: [email protected]
Appendix C
Response to Comments on Draft IS-ND
(ND 07-10, SCH #2019099049)
The Draft IS-ND was circulated for a 30-day public review period that began on September 16, 2019 and ended on October 15, 2019. As of October 16, 2019, five comment letters on the Draft IS-ND were received and are listed in the table below.
Letter Number Commenter
1 Miya Edmonson, IGR/CEQA Branch Chief, California Department ofTransportation 2 Gerald Anderson
3 Charliene Anderson
4 Charliene Anderson
5 Dani Ziff, Coastal Program Analyst, California Coastal Commission The comment letters received as of October 16, 2019 and responses follow. Any comment letter received after October 16, 2019 will be addressed with the Final IS-ND.
Letter 1
Commenter: Miya Edmonson, IGR/CEQA Branch Chief, California Department of Transportation (CalTrans)
Date: September 19, 2019
The commenter, CalTrans, does not expect the project approval to result in a direct adverse impact to the existing State transportation facilities. No response necessary.
STATE OF CALIFORNIA-CALIFORNIA STATE TRANSPORTATION AGENCY
DEPARTMENT OF TRANSPORTATION
DISTRICT 7 - Office of Regional Planning
100 S. MAIN STREET, MS 16
LOS ANGELES, CA 90012
PHONE (213) 897-0475
FAX (213) 897-1337
TTY 711
www.dot.ca.gov
September 19, 2019
Ms. Anita Juhola-Garcia
City of Long Beach
411 W. Ocean Boulevard, 3rd floor
Long Beach, CA 90802
Dear Ms. Anita Juhola-Garcia:
Gavin Newsom Governor
Making Conservation
a California Way of Life.
RE: City of Long Beach Short-Term Rental
Ordinance Project - Negative Declaration
(ND)
SCH # 2019099049
GTS # 07-LA-2019-02830
Thank you for including the California Department of Transportation (Caltrans) in the environmental review process for the above referenced ND. The proposed project will establish regulations, standards, and a registration process governing the renting or leasing of privately owned, visitor serving, residential dwelling units on a short-term basis in order to maintain the long-term rental housing stock in the City; ensure the collection and payment of Transient Occupancy Taxes ("TOT"); and provide safeguards to the residents of the City of Long Beach that such short-term rental activities do not become a nuisance, or threaten the public health, safety or welfare of neighboring properties. The City of Long Beach is the Lead Agency under the California Environmental Quality Act (CEQA).
From reviewing the ND, Caltrans does not expect project approval to result in a direct adverse impact to the existing State transportation facilities.
If you have any questions about these comments, please contact Emily Gibson, the project coordinator, at [email protected], and refer to GTS # 07-LA-2019-02830.
Sine
�,$
MIYAEZON
IGR/CEQA Branch Chief
cc: Scott Morgan, State Clearinghouse
"Provide a safe, sustainable, integrated and efficient transportation system to enhance California's economy and livability"
Letter 2
Commenter: Gerald Anderson
Date: Received October 14, 2019
The commenter states that short-term rentals are a similar land use as hotels and inns, conflict with the intent of the City's residential land use districts and are counter to the preservation of neighborhood character.
Land use and planning is discussed in Section XI of the Draft IS/ND. The proposed project will establish regulations, standards and a registration process governing the renting or leasing of privately owned residential dwelling units on a short-term basis. The project would not conflict with the City's General Plan, Local Coastal Program or any other applicable land use plans and policies. The project will not result in a change in land use or authorize new development that is not already permitted by existing regulations. Provisions related to the operation of the Short-Term Rental Ordinance are intended to support the compatibility of short-term rentals with adjacent properties and maintain neighborhood character.
The following provisions are intended to support the compatibility of short-term rentals with adjacent properties and maintain neighborhood character.
• The owner or operator shall ensure that the short-term rental is used in a manner that complies with all applicable laws, rules and regulations pertaining to the use and occupancy of a short-term rental.
• The short-term rental shall not supersede or interfere with a dwelling unit subject to a homeowners' or condominium association restrictions regarding short-term rental. • Property owners of residential property in any census tract within the City may petition to prohibit un-hosted short-term rentals (where host resides off-site) within that census tract.
• The maximum number of persons who may occupy the short-term rental shall be limited to two (2) persons per bedroom, plus two (2). This calculation includes children.
The maximum occupancy shall not exceed ten (10) persons. • Large-scale events such as commercial parties, weddings, etc. are prohibited unless a occasional event permit has been issued.
• The short-term rental operator shall identify, to the satisfaction of the City, a local contact person who shall be available twenty-four (24) hours per day, seven (7) days a week for responding within one (1) hour to complaints regarding the conditions, operation, or conduct of the short-term rental or its occupants, and take any remedial action necessary to resolve such complaints.
• A short-term rental shall not change the outside residential character of the neighborhood including all applicable development, design and landscaping standards.
No exterior signage relating to the short-term rental shall be allowed. • Guests of the short-term rental shall comply with the City of Long Beach Municipal Chapter 8.80 Noise Regulations, including quiet hours between 10 P.M. and 7 AM. In addition, the use of outside pools, spas, hot tubs are prohibited between the hours of 10 P.M. and 7 A.M.
• The operator shall post the following information in a prominent location within the short-term rental:
1) The maximum number of occupants permitted in the unit. 2) Parking capacity, location of parking spaces, and parking rules, if any; 3) Trash and recycling pickup information;
4) The name of the local contact and a telephone number at which that person may be reached on a twenty-four (24) basis;
5) Emergency contact information for summoning police, fire, emergency medical services; and
6) Evacuation plan for the unit showing emergency exit routes, exits, and fire extinguisher locations.
These provisions of the proposed project would substantially reduce potential impacts to a level that is less than significant and mitigation measures are not required. No further environmental review is warranted.
The commenter suggests modifications to the proposed Short-term Rental Ordinance, including, not allowing non-primary residences as short-term rentals, revising the petition process to restrict un hosted short-term rentals, requiring short-term rental locations and permit information available to the public, clarifying the number of persons allowed per bedroom and reducing the maximum number of occupants. City decision makers will consider all comments regarding the provisions of the proposed Short-Term Rentals Ordinance.
Anita Juhola-Garcia
City of Long Beach Development Services Department
411 w. Ocean Blvd., 3"' Floor
Long Beach, CA 90802
Subject: Negative Declaration for the City of Long Beach Short-Term Rentals Ordinance Project Dear Ms. Juhola-Garcia:
The following are my comments on the subject Negative Declaration:
Section Xl.b. The project does conflict with the City's land use plan and requires mitigation. The City bans hotels and Inns from neighborhoods zoned residential and with good reason. An actively rented STR differs little from an Inn or hotel operation. At best with STRs there is the constant coming and going of up to 10 vacationing groups of strangers that changes every few days, parking issues, decreased sense of resident security and Increased traffic. At worst there is the potential of increased crime, decreased safety of residents, loud parties, belligerent vacationers and other disruptive and abusive activities. In the case of an un-hosted STR, it is worse than an inn or hotel since the STR has no on-site supervision or management.
The City's land use plan committed to the policy of preserving the character of established neighborhoods. STRs definitely do change the character of the neighborhoods they are in. The following measures are needed to further mitigate the adverse effects of STRs:
1. Non-primary residence STRs should not be allowed in residential zonings. Section 5.77.030.B.2 of the draft ordinance allows an owner to have up to two Non-primary residence STRs in the city without any limit on the number of rental days in a year. These are in effect year round hotel/ inn operations with no on-site supervision and have the detrimental effects mentioned above.
It also removes housing units from the already tight supply in the city. Because of their adverse effects several other jurisdictions in the County including Santa Monica and Los Angeles have banned the use of non-primary homes as un-hosted STRs. The City of Los Angeles recently banned non -primary home STRs and Santa Monica does not allow any un-hosted STRs. Long Beach's ordinance should ban non-primary home STRs. The character of neighborhoods would be even better preserved if all un-hosted STRs were banned.
2. Section 5.77.080 of the draft ordinance provides for the "Petition to restrict un-hosted short term rentals within a geographical census tract". This provides a process for owners to alleviate the effects of un-hosted STRs but places unnecessary burdens on the petitioners. It requires that the restriction be renewed with a new petition every three years. Circulating a petition for an entire census tract is a burdensome task that should not have to be repeated if conditions and/or attitudes have not changed. If they have changed the section also provides for owners in restricted tracts to petition out of the restriction. The three-year renewal requirement should be eliminated from the ordinance.
3. Section 5.77.080.B requires that the petition be signed by " ... at least two thirds (2/3) of the property owners of residential real property within the boundaries of the census tract...". This would include single family unit owners as well as apartment building owners who have control of the use of their rental units and the owners of condominiums who are governed by the rules of their home owner associations. Apartment building owners and condominium associations can control STRs in their buildings as permitted In the draft ordinance. Also, apartment building owners and condo owners are difficult to contact for petition signatures. Apartment owners are normally offslte and condominium buildings are normally locked. For these reasons the petition stipulation should allow for the exclusion of these buildings and provide the option to include only the single family zoned portions of the census tract. There may be other reasons to allow the petition process to apply to areas less than an entire census tract and the ordinance should allow for reasonable options. Also this section states that the petition " .. shall be submitted on a street by street basis .. ". This provision makes the gathering of signatures very difficult at neighborhood functions such as concerts, breakfasts, meetings, etc. This provision should be made more workable for petition gatherers.
4. There is no provision in the draft ordinance requiring that STR addresses and other permit information is available to the public or to neighboring owners. This information should be made available preferably on line.
5. Section 5.77.050.F limits the number of persons to " ... two persons per bedroom ... " should be clarified to say " ... two persons per legally permitted bedroom ... "or some such wording that clarifies that the number of bedrooms is as per assessor records or comparable City records.
Also the total number of 10 vacationers is very high compared to the average household and should be reduced. The number of people per bedroom and the maximum should be inclusive of the host.
Also at issue is the effect of an STR on neighboring property values. Although apparently not an Issue addressed under CEQA it is important to the effected neighbors and the character of the neighborhood.
For most people their home Is their most expensive purchase and the quality of the neighborhood Is of utmost importance. While there may be other factors making a property difficult to sell at market an STR next door is a primary factor. One house in our neighborhood next door to an actively rented un hosted STR was on the market several months with several price reductions before the owner finally removed it from the market.
STRs benefit a few property owners at the expense of their neighbors and at the risk of damaging the character of entire neighborhoods. To be most effective in preserving neighborhoods STRs should be banned completely. Short of this there must be very strong effective controls on STR activity to minimize their adverse effects.
Thank you for this opportunity to comment.
Sincerely yours,
,d' _-;/ �--c
Gerald Anderson
7 Rivo Alto Canal
Long Beach, CA 90803
Letter 3
Commenter: Charliene Anderson
Date: October 13, 2019
The commenter makes statements regarding the proposed provisions of the draft Short-Term Rentals Ordinance. City decision makers will consider all comments regarding the provisions of the proposed Short-Term Rentals Ordinance. The commenter asks for clarification of an administrative citation and Title 21 Zoning. An administrative citation is a civil fine for a violation of a City code section. Title 21 Zoning is found in the City of Long Beach Municipal Code. The commenter states that short-term rentals affect property values. Economic or social changes are not considered to be significant environmental impacts under CEQA unless those changes contribute to a significant physical impact. Subsequent environmental review is not warranted.
October 13, 2019
Anita Juhola-Garcia
City of Long Beach Development Services Department
411 W. Ocean Blvd., 3rd Floor
Long Beach, CA 90802
Subject: Negative Declaration for the City of Long Beach Short-Term Rentals Ordinance Project Dear Ms. Juhola-Garcia:
The following are my comments and questions on the subject Negative Declaration and Draft Ordinance:
Draft Ordinance chapter 5.77.020.F (page 2) allows the host to leave the property during daytime and /or workhours. This makes the rental un-hosted. This provision should be deleted.
5.77.020.V (page 4), un-hosted stay is wide open for typical vacationer activities and behaviors. Un hosted rentals should be prohibited.
5.77.030.B.5 (page 5), It is not clear when a complaint becomes a violation.
5.77.060.E (page 10), When a nuisance violation is reported, when is the $1000 fine imposed?
5.77.090.D. (page 14), This process is so cumbersome that it appears as though a license may never be revoked.
5.77.050.E (page 8), Large scale event permits should not be allowed in STRs.
5.77.090.G (page 15) What is an administrative citation?
5.77.110.B (page 16) Where can I find Title 21 Zoning chapter?
5.77.030.B.10 (page 6), I wonder if the City who wrote the law can legally indemnify themselves from harm caused by a rental property owner or operator.
STRs definitely decrease./ values of the neighboring properties with up to 10 vacationing strangers coming and going constantly. Families live very differently from STR vacationers. They operate much like mini motels scattered throughout the neighborhood and th1ertainly do change the character which is contrary the City's Land Use Plan.
I appreciate the opportunity to comment.
�� U�i{,Y) Charliene Anderson
7 Rivo Alto Canal
Long Beach, CA 90803
Letter 4
Commenter: Charliene Anderson
Date: October 14, 2019
The commenter states that the occupants of short-term rentals cause noise and other disturbances.
Noise is discussed in Section XIII of the Draft IS/ND. The Short-Term Rentals Ordinance would not authorize new development or change existing regulations regarding construction or mechanical equipment noise. The City's Noise Ordinance (Long Beach Municipal Code Section 8.80) addresses issues of construction and land use operation. However, potential noise impacts could occur if occupants were to engage in activities or behavior that is disruptive to adjacent residents, such as playing loud music outdoors. It is not possible to quantify or predict in any meaningful way the differences between long term tenants and short-term tenants with regard to human-generated noise. However, in order to address this concern, the proposed regulations include the following provisions intended to minimize such noise impacts:
• Limit on the maximum number of persons who may occupy the short-term rental; • Prohibit large-scale events as part of the short-term rental use, unless a short-term rental occasional event permit has been issued;
• All activities must comply with the Municipal Code, including, but not limited to Chapter 9.31 (Loud Parties on Private Property) and Chapter 8.80.190 (Noise Disturbances- Prohibited). It is unlawful for any short-term rental host, operator, occupant, renter, lessee, person present upon to make any loud, unnecessary or unusual noise which disturbs the peace and quiet of any neighborhood;
• A local contact person who shall be available twenty-four (24) hours per day, seven (7) days a week for responding within one (1) hour to complaints regarding the conditions, operation, or conduct of the STR or its occupants, and take any remedial action necessary to resolve such complaints.
Subsequent environmental review is not warranted. City decision makers will consider all comments regarding the provisions of the proposed Short-Term Rentals Ordinance.
October 14, 2019
Anita Juhola-Garcla
Oty of Long Beach Development Services Department
411 W. Ocean Blvd., 3rd Floor
Long Beach, CA 90802
Subject: Negative Declaration for the City of long Beach Short-Term Rentals Ordinance Project Dear Ms. Juhola-Garcia:
The following are comments and on Negative Declaration ND 07-19 City of Long Beach Short-Term Rental Ordinance Section XI.a and b:
As owners who have lived and experienced the deleterious effects of un-hosted whole house STRs we can personally document many examples of noise and other rude disruptive behaviors which disturb and distress the owners living as a family In a house nearby. They are truly Incompatible with adjacent houses.
Vacationers have paid good money expect to enjoy the property as VACATIONERS. You can write all the nice rules you want but when the owner Is not there many Inappropriate and rude behaviors occur.
You can only imagine what it would be like to have large groups of people coming and going day and night. In Naples our lots are zoned R-1-s, small lots with no back yard. Therefore much of the action takes place on the decks In front. Most of our outdoor living takes place on our 30' by 15' front decks. In addition to that our side yards are 3' for each house. Many of our kitchens, dining and living rooms face each other so that if our windows and doors are open you may as well be in the same house with each other for sound. Our bedrooms in the front of the second story look down on the front yard decks.
So, you can see how "significantly incompatible" a motel like business would be to adjacent residential properties.
Long-term tenants and owners live completely dlfferent from short-term renters who come and go potentially every other day. There is no way to regulate or mitigate the deleterious effects of these rentals. You may not be able to quantify with precision the differences (between STRs and permanent residents) in human generated noise but it doesn't take much Imagination to realize the serious impact these have on adjacent properties.
Un- hosted STRs are totally incompatible with the City's General Plan, Local Coastal Plan and other applicable plans and policies. They would divide a community because they pit neighbor against neighbor,
Again, I appreciate the opportunity to comment •
. �a�
Charllene Anderson
7 Rivo Alto Canal
Long Beach, CA 90803
Letter 5
Commenter: Dani Ziff, Coastal Program Analyst, California Coastal Commission Date: October 16, 2019
The commenter, California Coastal Commission staff, states that the draft ordinance does not include specific changes to the City's Zoning Ordinance, which is included the City's certified Local Coastal Program (LCP). The commenter's statement that the proposed Short-Term Rentals Ordinance would not be legally enforceable in the coastal zone until the Local Coastal Program is amended is duly noted.
As this is a draft ordinance and not yet adopted, the City recognizes that modifications are possible by the City's decision makers. Upon ordinance adoption, the City will purse zoning code changes that will require a Local Coastal Program Amendment.
The commenter references that the opportunity to petition to restrict un-hosted short-term rentals has not been historically supported by the Coastal Commission. The Commission views vacation rental bans to be inconsistent with the Coastal Act. Section 5.77.080 of the draft ordinance does not reference all types of short-term rentals, but references only un-hosted short-term rentals. The Long Beach petition to restrict would only apply to un-hosted short-term rentals; hosted short-term rentals would still be allowed. It should be noted that the California Coastal Commission approved the City of Carpinteria's short-term rentals regulations in December 2016. In Carpinteria, short-term rentals (un-hosted) are limited only to an overlay zone, even though the entire city of Carpinteria is in the Coastal Zone. Not only does the overlay zone limit where un-hosted rentals can occur, but it also places a limit on the number of un-hosted rentals by subarea within the overlay zone. Long Beach's opportunity to petition to restrict is similar to Carpinteria's regulations in that un-hosted STRs may be banned in some areas of the Coastal Zone (i.e., outside the overlay zone in Carpinteria, and in census tracts with 2/3 vote in Long Beach). However, the Long Beach regulations would be less restrictive by allowing hosted STRs and no specific limit on un-hosted rentals in the Coastal Zone.
STATE OF CALIFORNIA- NATURAL RESOURCES AGENCY
CALIFORNIA COASTAL COMMISSION
South Coast Area Office
301 E Ocean Blvd, Suite 300
Long Beach, CA 90802
(562) 590-5071
City of Long Beach, Development Services Department
Attn: Christopher Koontz, Planning Bureau Manager
411 W. Ocean Boulevard, 3"' floor
Long Beach, CA 90802
RE: Long Beach Short Term Rental Ordinance
Coastal Commission Staff Comments on Negative Declaration Christopher Koontz:
GAVIN NEWSOM Governor
October 16, 2019
Thank you for the notice of completion and transmittal of the City of Long Beach's (City's) Negative Declaration (ND) for the City's Short Term Rental (STR) Ordinance. Coastal Commission staff would like to offer the following comments on the draft ordinance:
On December 6, 2016, the Commission published a resource for local governments on short term/vacation rentals in the California Coastal Zone, which can be found on the Commission's website.
Per the Commission's guidance, short tenn/vacation rental regulation in the coastal zone should occur within the context of certified Long Beach Local Coastal Program (LCP) and/or be authorized pursuant to a coastal development permit. In this case, the ND references changes to the City's zoning code and states that a LCP amendment would be needed to certify the zoning code changes. The draft ordinance, however, does not include the specific changes to the City's zoning code. It appears that the regulations for STRs are planned to be included in the proposed Chapter 5.77, which would apply City-wide. It is unclear whether the City is intending to add the STR regulations to the LCP through the same Council action, or through a subsequent ordinance specific to the LCP and coastal zone. As currently written, without specific language in the zoning code and a certified LCP amendment, the Conunission would not view the proposed draft ordinance as legally enforceable in the coastal zone. We strongly encourage you to pursue STR regulation through the City's LCP.
The Commission has not historically supported vacation rental bans because such prohibitions have been found to unduly limit public recreational access opportunities, which is inconsistent with the Coastal Act.
While the City's draft ordinance does not ban vacation rentals throughout the City, and appears to strike a balance between preserving neighborhood character and allowing for access to the coast and other City resources, Commission staff are concerned that Section 5. 77 .080 of the draft STR ordinance (Petition to restrict un-hosted short-term rentals within a geographical census tract) would allow census tracts to effectively ban un-hosted STRs after Commission approval of the related zoning code changes with the signatures of two-thirds of the census tract property owners. Such bans in the coastal zone must be subject to review by the Coastal Commission through LCP amendments or through coastal development permits. Again, this assumes that the proposed STR regulations will be incorporated into the LCP and would, thus, be recognized by the Coastal Commission. The provision to allow residents of a census tract to petition to ban un-hosted short term rentals on an ongoing basis may be pursued in areas of the city outside the coastal zone, but in order for the STR ordinance to be effectively certified in the coastal zone
City of Long Beach Short Term Rental Ordinance
Coastal Commission Staff Comments
through the LCP, the Commission must be presented with all proposed regulations and provisions before it takes action.
Please note that the comments provided herein are preliminary in nature. More specific comments may be appropriate as the project develops. Coastal Commission staff requests notification of any future activity associated with this project or related projects. Please feel free to contact me at (562) 590-5071 with any questions.
Sincerely,
Dani Ziff
Coastal Program Analyst
cc: Zach Rehm, California Coastal Commission
Steve Hudson, California Coastal Commission
Alexis Oropeza, City of Long Beach
Maryanne Cronin, City of Long Beach
Patricia Diefenderfer, City of Long Beach