HomeMy WebLinkAbout3 - CUP 11-9 1201 Marlin AveAugust 17, 2011
STAFF REPORT
To: Honorable Chairwoman and Planning Commission
From: Department of Development Services
Subject: Conditional Use Permit 11 -9
1201 Marlin Avenue
GENERAL DESCRIPTION
Applicant:
Owner:
Location:
Classification of
Property:
MICHELLE L. GAMBLE
MICHELLE L. GAMBLE
1201 MARLIN AVENUE
RLD -9 (RESIDENTIAL LOW DENSITY)
Request: FOR THE ESTABLISHMENT OF A VACATION RENTAL PROPERTY
WITHIN A SINGLE FAMILY DWELLING LOCATED WITHIN THE
RLD -9 (RESIDENTIAL LOW DENSITY) ZONE.
Environmental Review:
THE PROPOSED PROJECT IS CATEGORICALLY EXEMPT FROM
ENVIRONMENTAL REVIEW, PURSUANT TO CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES,
SECTION 15303, NEW CONSTRUCTION OR CONVERSION OF
SMALL STRUCTURES.
Code Sections: CHAPTERS 11.2.05.010; 11.4.05.135; AND 11.5.20 OF THE
CODE OF THE CITY OF SEAL BEACH
Recommendation:
DENY CUP 11 -9. DENIAL SHOULD BE THROUGH THE
ADOPTION OF PLANNING COMMISSION RESOLUTION 11 -23.
Z: \Conditional Use Permits \CUP 11 -9 1201 Marlin Avenue \PC staff report re CUP 11 -9 (1201 Marlin) (2).DOC
Planning Commission Staff Report
Conditional Use Permit 11 -9
1201 Marlin Avenue
August 17, 2011
❑ Michelle L. Gamble ( "the applicant ") seeks approval of a conditional use permit
( "CUP ") for a vacation rental property at 1201 Marlin Avenue ( "the subject
property "), in the Residential Low Density (RLD -9) zone and in the neighborhood
generally known as "The Hill."
❑ The Municipal Code allows vacation rentals in the RLD -9 as conditionally
permitted uses.
❑ The applicant has been operating as a vacation rental without an approved CUP
or business license since at least March, 2011. When Staff learned of this, the
applicant was requested to apply for the necessary CUP.
❑ On June 29, 2011, the applicant submitted an application to the City of Seal
Beach Department of Development Services for CUP 11 -9.
❑ The subject property is a roughly rectangular 5800 square feet lot, having
approximately 58 feet of frontage on Marlin Avenue and 100 feet of frontage on
Balboa Drive.
❑ The surrounding land use and zoning are as follows:
NORTH: Single family residences in the Residential Low Density
(RLD -9) zone.
SOUTH: Single family residences in the Residential Low Density
(RLD -9) zone.
EAST: Single family residences in the Residential Low Density
(RLD -9) zone.
WEST: Retail and Commercial uses in the Service Commercial (SC)
zone.
❑ The subject property is presently developed with a two -story, four bedroom
single - family dwelling with a two -car garage, and a swimming pool in the
backyard. In addition to the two -car garage, there is driveway space for parking
approximately three to four cars.
❑ The pool is located in the backyard, approximately 20 feet from the property line
shared with the residential property to the east. A solid masonry wall separates
the two properties.
❑ The applicant has been allowed to continue to operate without a CUP while the
application has been pending.
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Planning Commission Staff Report
Conditional Use Permit 11 -9
1201 Marlin Avenue
August 17, 2011
❑ The subject property is currently advertised on www.vrbo.com as available for
vacation rental for up to 16 people. (See http: / /www.vrbo.com /348853.)
❑ During the period in which the application has been pending, Staff has received
a complaint about excessive noise around 10:30 p.m. on a weeknight. The
apparent cause of the noise was people using the pool and socializing in the
backyard.
❑ The Seal Beach Police Department has also responded to at least one complaint
of excessive noise at the property within the past 30 days. It is unknown whether
this complaint and the one received by City Staff pertain to the same incident.
❑ As of August 10, 2011, Staff has received one letter opposing the application in
response to the hearing notices that were mailed out and published for the
project. The letter received was from the residents at 1221 Marlin Avenue, who
stated that the vacation renters often out in the backyard at late hours any given
day of the week and that this is incompatible with the neighboring residential
uses which are home to children and adults who generally work during the week.
The letter also stated that there is insufficient off - street parking for the number of
renters who may use the house at one time, which creates negative parking
impacts for residents.
BACKGROUND
Vacation rentals are rather common in Southern California beach communities, as they
often provide an economical lodging alternative for families or larger groups of people,
and generally provide options such as kitchens, recreation areas, and convenient
vehicle parking, amenities that are often not provided with traditional hotel or motel
accommodations.
There are presently 23 licensed vacation rental properties within the City. Twenty -two
are located within the Old Town area and one is located in the Bridgeport area. Sixteen
are located on the streets closest to the beach — Ocean Avenue and Seal Way. All
began operating as vacation rentals prior to the adoption of Title 11, the Zoning Code.
Prior to the adoption of Title 11, there was no CUP requirement for vacation rentals;
only the requirement for a business license and payment of Transient Occupancy Tax
( "TOT ") for the rental property. Thus, there was previously no mechanism in the Zoning
Code to conditionally approve or deny such requests, so long as the applicant applied
for a business license and registered to pay TOT.
Staff has historically received complaints regarding the operation of some existing
vacation rentals in the City and recognized that the proliferation of vacation rentals
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Planning Commission Staff Report
Conditional Use Permit 11 -9
1201 Marlin Avenue
August 17, 2011
could potentially undermine the essential residential character of the City's
neighborhoods. Some of the potential problems created by vacation rentals are the
noise, traffic, parking, and other negative impacts that short term occupancy can have
on other uses; particularly neighboring residential uses. During the process of adopting
Title 11, it was therefore proposed that new vacation rentals be only conditionally
permitted in residential zones. The Planning Commission and City Council approved
this requirement as part of the adoption of current provisions of Title 11, effective
January 1, 2011.
Title 11 allows previously existing, licensed vacation rentals to continue operating
without a CUP as legal, nonconforming uses provided they maintained the appropriate
business license, and (if operating in a commercial zone) operated only in conjunction
with an approved commercial use. All new vacation rentals must obtain a CUP.
The subject CUP request in this instance is the first to come before the Planning
Commission since the adoption of Title 11.
DISCUSSION
tlitA
The purpose of requiring a CUP for a particular use is to allow for special consideration
to ensure that the use can be designed, located, and operated in a manner that will be
compatible with surrounding uses and not interfere with the use and enjoyment of
properties in the vicinity.
Pursuant to the requirements of the Municipal Code, the Planning Commission can only
approve a CUP if it finds, based upon evidence presented at the hearing, that the
proposal as submitted, or as modified, conforms to all of the following criteria as well as
to any other special findings required for approval of use permits in specific zoning
districts:
1. The proposal is consistent with the General Plan and with any other
applicable plan adopted by the City Council;
2. The proposed use is allowed within the applicable zoning district with use
permit approval and complies with all other applicable provisions of the
Municipal Code;
3. The site is physically adequate for the type, density and intensity of use
being proposed, including provision of services, and the absence of
physical constraints;
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Planning Commission Staff Report
Conditional Use Permit 11 -9
1201 Marlin Avenue
August 17, 2011
4. The location, size, design, and operating characteristics of the proposed
use will be compatible with and will not adversely affect uses and
properties in the surrounding neighborhood; and
5. The establishment, maintenance, or operation of the proposed use at the
location proposed will not be detrimental to the health, safety, or welfare
of persons residing or working in the vicinity of the proposed use.
Title 11 further requires that vacation rentals in certain locations (including the subject
property) must meet the following additional requirements:
1. Maximum Number of Units. A vacation rental shall consist of no more
than 2 complete residential units;
2. Business License Required. A Business License is required for the
establishment and operation of a vacation rental;
3. Transient Occupancy Tax. The Transient Occupancy Tax Remittance
form shall be completed, and the owner or manager shall pay the
Transient Occupancy Tax.
4. Maximum Length of Stay. Visitor occupancy shall be limited to a
maximum of 29 consecutive days.
5. Fire and Life Safety. Fire and life safety requirements as required by the
Fire Authority and the Building Department shall be implemented. These
requirements include, but are not limited to, approved smoke detectors in
each lodging room, installation of an approved fire extinguisher in the
structure, and the inclusion of an evacuation plan posted in each lodging
room.
6. Annual Inspection. Each vacation rental shall comply with the annual fire
and life safety certification procedures of the Orange County Fire
Authority.
7 Secondary Use. A vacation rental in the Commercial Zone shall be
allowed only in conjunction with an approved commercial use.
In this case, the subject property is located in an exclusively single - family and
predominately owner - occupied residential area. Staff is already aware of at least one
Police Department call for service regarding noise at the subject location and has
received a letter from a neighbor detailing noise and parking impacts. The complaint
received by staff concerned late night socializing and recreational swimming in the
backyard of the subject property. While such activities are not uncommon on
residential properties, Staff believes that they are more likely to occur on a regular basis
if the subject property is regularly used for short term occupancy as a vacation rental.
Moreover, such complaints are more difficult to address with short term renters than
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Planning Commission Staff Report
Conditional Use Permit 11 -9
1201 Marlin Avenue
August 17, 2011
they are with long term renters or owners. Additionally, the number of persons renting
the home at a given time (up to 16) is inconsistent with the parking requirements for the
subject property.
Staff does not believe that the establishment of a commercial vacation rental property
at this location is compatible with the existing development pattern and uses of the
surrounding neighborhood given the proximity of homes. Staff further believes that
conditions of approval could not be imposed that would make the proposed use
compatible with existing development in the neighborhood.
Based on the foregoing, staff does not believe that the requisite findings for approving a
CUP can be made in this case.
1. The proposal is not consistent with the General Plan because it would
introduce a new use into what is essentially a purely residential
neighborhood in a manner likely to create adverse noise, parking and
other land use impacts.
2. The site is not physically adequate for the type, density and intensity of
use being proposed, including provision of services, and the absence of
physical constraints because neighboring residences are so close that
there can be no effective buffer for the sort of noise and other land use
impacts created by short term occupancy, and because there is
inadequate off - street parking on the site to accommodate the number of
persons who may rent the home at a given time.
3. The location, size, design, and operating characteristics of the proposed
use would not be compatible with and would adversely affect uses and
properties in the surrounding neighborhood because of the demonstrated
noise, traffic and other land use impacts created by vacation rentals.
4. The establishment, maintenance, or operation of the proposed use at the
location proposed will be detrimental to the health, safety, or welfare of
persons residing or working in the vicinity of the proposed use.
RECOMMENDATION:
Staff recommends that the Planning Commission, after considering all relevant
testimony, written and /or oral, presented during the public hearing, deny Conditional
Use Permit 11 -9.
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Planning Commission Staff Report
Conditional Use Permit 11 -9
1201 Marlin Avenue
August 17, 2011
For: August 17, 2011
Jp ode *era, AICP
or PI'anner, Department of Development Services
Attachments: (3)
Attachment 1: Resolution 11 -23, A Resolution of the Planning Commission of
the City of Seal Beach, denying Conditional Use Permit 11 -9 for
the establishment of a Vacation Rental Property within an
existing single - family dwelling at 1201 Marlin Avenue, Seal
Beach.
Attachment 2: Letter received in opposition to CUP 11 -9
Attachment 3: Project Plans
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Planning Commission Staff Report
Conditional Use Permit 11 -9
1201 Marlin Avenue
August 17, 2011
ATTACHMENT 1
RESOLUTION NUMBER 11 -23, A RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY
OF SEAL BEACH DENYING CONDITIONAL USE
PERMIT NO. 11 -9, FOR THE ESTABLISHMENT
OF A VACATION RENTAL PROPERTY WITHIN A
SINGLE FAMILY DWELLING AT 1201 MARLIN
AVENUE, SEAL BEACH.
Planning Commission Staff Report
Conditional Use Permit 11 -9
1201 Marlin Avenue
August 17, 2011
RESOLUTION NUMBER 11 -23
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
DENYING CONDITIONAL USE PERMIT 11 -9 FOR
THE ESTABLISHMENT OF A VACATION RENTAL
PROPERTY WITHIN AN EXISTING SINGLE -
FAMILY DWELLING AT 1201 MARLIN AVENUE,
SEAL BEACH
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On June 29, 2011, Michelle L. Gamble ( "the applicant ")
submitted an application to the City of Seal Beach Department of Development
Services for Conditional Use Permit (CUP) 11 -9.
Section 2. The applicant is seeking approval of CUP 11 -9 for a
vacation rental property within the Residential Low Density (RLD -9) zone at 1201 Marlin
Avenue.
Section 3. A duly noticed public hearing was held before the Planning
Commission on August 17, 2011, to consider the application for Conditional Use Permit
11 -9. At the Public Hearing, the Planning Commission received and considered all
evidence presented, both written and oral, regarding the subject application.
Section 4. The record of the hearing of August 17, 2011, indicates the
following:
a. The applicant has been operating the subject property as a
vacation rental without an approved CUP since at least March 2011. When Staff
learned of this, the applicant was requested to apply for the necessary CUP.
b. On June 29, 2011, the applicant submitted an application to the
City of Seal Beach Department of Development Services for Conditional Use Permit 11-
9.
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Planning Commission Staff Report
Conditional Use Permit 11 -9
1201 Marlin Avenue
August 17, 2011
c. The subject property is a rectangular lot, approximately 5,800
square feet in area, with approximately 58 feet of frontage on Marlin Avenue and 100
feet of frontage on Balboa Drive.
d. The surrounding land uses and zoning are as follows:
NORTH: Single family residences in the Residential Low Density
(RLD -9) zone.
SOUTH: Single family residences in the Residential Low Density
(RLD -9) zone.
EAST: Single family residences in the Residential Low Density
(RLD -9) zone.
WEST: Retail and Commercial uses in the Service Commercial
(SC) zone.
e. The subject property is presently developed with a two -story, four
bedroom single - family dwelling, with a two -car garage and a swimming pool in the
backyard.
f. The swimming pool is located in the backyard, approximately 20
feet from the property line shared with the residential property to the east. A solid wall
separates the two properties.
g. The applicant has been allowed to continue to operate without a
CUP while the application has been pending. It is currently advertised on
www.vrbo.com as available for vacation rental for up to 16 people.
h. Since the application was filed, Staff has received a complaint
about excessive noise at the subject property at approximately 10:30 p.m. on a
weeknight. The cause of the noise was people using the pool and socializing in the
backyard.
i. The Seal Beach Police Department has also responded to at least
one complaint of excessive noise at the property within the past 30 days.
j. As of August 10, 2011, Staff has received one letter opposing the
application in response to the hearing notices that were mailed out and published for
the project. The letter came from the resident of 1221 Marlin Avenue who stated that
vacation renters are often out in the backyard at late hours any given day of the week
and that this is incompatible with the neighboring residential uses, which are home to
children and to adults who generally work during the week. The letter also stated that
there is insufficient off - street parking for the number of renters who may use the house
at one time, which creates negative parking impacts for residents. •
Section 5. Based upon the facts contained in the record, including
those stated in §5 of this resolution, which the Planning Commission finds to be true
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Planning Commission Staff Report
Conditional Use Permit 11 -9
1201 Marlin Avenue
August 17, 2011
and correct, and pursuant to Chapter 11.5.20 of the Seal Beach Municipal Code, the
Planning Commission makes the following findings:
a. The proposal is not consistent with the General Plan because it
would introduce a new use into what is essentially a purely residential neighborhood in
a manner likely to create adverse noise, parking and other land use impacts.
b. The site is not physically adequate for the type, density and
intensity of use being proposed, including provision of services, and the absence of
physical constraints because neighboring residences are so close that there can be no
effective buffer for the sort of noise and other land use impacts created by short term
occupancy, and because there is inadequate off - street parking on the site to
accommodate the number of persons who may rent the home at a given time.
c. The location, size, design, and operating characteristics of the
proposed use would not be compatible with and would adversely affect uses and
properties in the surrounding neighborhood because of the demonstrated noise, traffic
and other land use impacts created by vacation rentals.
d. The establishment, maintenance, or operation of the proposed use
at the location proposed will be detrimental to the health, safety, or welfare of persons
residing or working in the vicinity of the proposed use.
Section 6. Based on the findings made in Section 6 of this Resolution,
the Planning Commission hereby denies Conditional Use Permit 11 -9, and further finds
and declares it would have denied the application based on any one of the four findings
made in Section 6, each of which is considered by the Planning Commission to be
sufficient alternative grounds for denying the CUP.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City
of Seal Beach at a meeting thereof held on the day of
, 2011, by the following vote:
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
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Planning Commission Staff Report
Conditional Use Permit 11 -9
1201 Marlin Avenue
August 17, 2011
Sandra Massa - Lavitt
Chairwoman of the Planning Commission
Mark Persico, AICP
Secretary of the Planning Commission
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Planning Commission Staff Report
Conditional Use Permit 11 -9
1201 Marlin Avenue
August 17, 2011
ATTACHMENT 2
LETTER RECEIVED IN OPPOSITION
TO CUP 11 -9
On Thu, Jul 21, 2011 at 1:21 PM, Jill Schulten <5schultens @gmail.com> wrote:
We reside at 1221 Marlin Ave., which we have owned for over 13 years. A neighbor of
ours at 1201 Marlin Ave. recently tried unsuccessfully to sell her home. Her solution to this
problem was to turn her home into a vacation rental. The home is listed on www.vrbo.com and is
booked almost solid through October. No city permits have been obtained to turn this home into
a vacation rental. There is a hearing in late August, but the home is currently being rented
without a permit. It is my understanding that neighbors need to be notified if a private residence
is to be changed into a vacation rental. No neighbors were ever notified. We only found out
when vacationers started showing up.
The noise made by the vacationers has been intolerable. Because the property has a
pool, the renters are often out in the backyard at late hours any given day of the week. The police
have been notified to come out. It is unfortunate that our police department has to waste time and
resources dealing with this matter. Many of the residents in the surrounding area work during
the week, and it is unacceptable for them to be up at all hours due to the partying of vacationers.
Likewise, there are many young children who are being woken up at late hours due to the noise.
The owner has listed this house as sleeping up to 16 people. That is a lot people
inhabiting a house that is slightly over 2,000 square feet. That is also a lot of cars that fill up the
end of the street, making it impossible for residents to park. They large number of people in the
house also greatly contributes to the noise problem.
Beyond the noise issue, we are concerned what a vacation rental will due to the
property values of the homes in the proximity. Most perspective buyers would consider it
undesirable to buy a home near a noisy vacation rental property . This is sure to have an effect on
the values of our homes.
If this situation is tolerated, it seems that a precedent will be set by the city. Unlicensed
vacation rentals can show up in any neighborhood at any time. Is this fair to residents? We
understand that vacationers are a great source of revenue to our city and are glad that our city
already offers several hotels to accommodate them. These hotels have the proper resources to
deal with people vacationing in our town, something that should not be shifted to local residents.
We would greatly appreciate your input and help in this matter.
Sincerely,
David and Jill Schulten
Planning Commission Staff Report
Conditional Use Permit 11 -9
1201 Marlin Avenue
August 17, 2011
ATTACHMENT 3
PROJECT PLANS