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HomeMy WebLinkAbout1 - Approve PC Minutes 2012-10-03City of Seal Beach - Planning Commission October 3, 2012 Chair Massa - Lavitt called the regular meeting of the Planning Commission to order at 7:30 p.m. in the City Council Chambers and Commissioner Everson lead the Salute to the Flag. ROLL CALL Present: Chair Massa - Lavitt; Commissioners: Cummings, Everson, Galbreath, Goldberg Staff Present: Greg Hastings, Interim Director of Community Development Jerry Olivera, Senior Planner Steven Flower, Assistant City Attorney Linda Devine, City Clerk APPROVAL OF AGENDA With no objections, Chair Massa - Lavitt so ordered the approval of the agenda. ORAL COMMUNICATIONS Chair Massa - Lavitt opened oral communications. Mike Buhbe, Central Way, indicated that technology for parking control is available that can be used for off street parking for vacation rentals. There being no other speakers, Chair Massa - Lavitt declared oral communications closed. CONSENT CALENDAR 1. Planning Commission Meeting Minutes Galbreath moved, second by Everson, to approve the Planning Commission Meeting Minutes of September 19, 2012. AYES: Cummings, Everson, Galbreath, Goldberg, Massa - Lavitt NOES: None Motion Carried SCHEDULED MATTERS There were no matters for consideration at this time. Page 2 — Planning Commission 10/03112 • 2. Conditional Use Permit 12-10 Property: 413 Ocean Avenue Applicant. Lenore Schwankovsky Owner: Lenore Schwankovsky Request For a Conditional Use Permit (CUP) to allow a short-term vacation rental property within the Residential High Density (RHD-20) zone at 413 Ocean Avenue. Recommendation: Approve CUP 12-10, subject to conditions The Senior Planner provided the staff report: The subject property has a two- story, three bedroom main dwelling at the front of the property and a detached one bedroom dwelling above the two single car garages — due to non-conforming rear yard setback there is not adequate space to park a standard size car within the area between the garage and the rear property line — it is requested that both dwelling units be authorized as short-term vacation rental units — utilized as short-term rentals since 2007. Chair Massa-Lavitt opened the public hearing. Speakers: Lenore Schwankovsky applicants/owner - provided background information regarding the existing rentals — guideline for renters are posted in both units — units are only rented short-term during the summer months; Melissa Gomez, American Realty Brokers — property manager, spoke on behalf of the owner (resides in Seal Beach); 4 speakers expressed their support for the CUP; 10 speakers stated their oppositions to the CUP being approved; Lenore Schwankovsky responded to the comments indicating that the statements made were generalized — responded that they will comply to all conditions of the CUP. After the Commissioners deliberated and received clarification, the following amendments were made: • Condition #7 — change the number of guests — maximum of 4 adults and 2 children under the age of 19 for the front unit; • Condition #11 — add — no parking allowed at the rear property line; • Condition #20 — add — "No Parking" sign must be posted at the rear of the property (alley side); • Condition #27 — change to Condition #28; and • Add new Condition #27 — Outdoor patio must be gated. There were no other speakers or Commission comments. Everson moved, second by Cummings, to adopt Planning Commission Resolution No. 12-20 approving Conditional Use Permit 12-10, as amended. AYES: Cummings, Everson, Galbreath, Goldberg, Massa-Lavitt NOES: None Motion Carried Page 3 - Planning Commission 10/03/12 The Assistant City Attorney advised that the approval of Conditional Use Permit 12 -10 and adoption of Resolution No. 12 -20 begins a 10 -day appeal period to the City Council. The Commission action tonight is Final and the appeal period begins tomorrow morning. With no objections Chair Massa - Lavitt called for a recess at 9:12 p.m. and reconvened the meeting at 9:20 p.m. 3. Conditional Use Permit 12 -11 Property: 1001 Ocean Avenue, Unit H Applicants: David and Kim Gasper Owners: David and Kim Gasper Request: For a Conditional Use Permit (CUP) to allow a short -term vacation rental property within the Residential High Density (RHD -20) zone at 1001 Ocean Avenue, Unit H. Recommendation: Approve CUP 12 -11, subject to conditions. The Senior Planner provided the staff report: The subject property is a two -story, multi - family dwelling with seven units — there are four single car garages located at the rear alley — due to the non - conforming rear yard setback there is not adequate space to park cars between the garages and the rear property line — it is requested that unit H at 1001 Ocean Avenue (one bedroom) be designated as a short -term vacation rental. Chair Massa - Lavitt opened the public hearing. Speakers: David Gasper, applicant /owner, provided some background regarding the request and indicated that he resides on the property; Seth Eaker, Black Marble Consulting, Inc., spoke on behalf of the property owner stating that there is ample street parking because the unit is on a corner; 3 speakers expressed their concerns with granting CUP's; Seth Eaker stated the rebuttal on behalf of applicant/owner — short -term rental would not require a garage space year round — rental agreement includes parking requirements. The Commissioners deliberated the request and made the following amendments to the CUP: • Condition #7 — strike the word "minor" to be consistent with allowing children under the age of 19; • Condition #11 — strike the last sentence "One garage shall be available at all times for use by the occupants of unit H." — garages are assigned to long -term renters and there is ample parking for the short -term renter on the street; and • Chair Massa - Lavitt would prefer to leave one garage space for the short - term renter. There were no other speakers or Commission comments. Page 4 — Planning Commission 10/03/12 Cummings moved, second by Everson, to adopt Planning Commission Resolution No. 12-21 approving Conditional Use Permit 12-11, as amended. AYES: Cummings, Everson, Galbreath, Goldberg NOES: Massa-Lavitt Motion Carried The Assistant City Attorney advised that the approval of Conditional Use Permit 12-11 and adoption of Resolution No. 12-21 begins a 10-day appeal period to the City Council. The Commission action tonight is final and the appeal period begins tomorrow morning. 4. Conditional Use Permit 12-12 Property: 1605 Seal Way Applicants: Frank and Jenny Tomich Owners: Frank and Jenny Tomich Request: For a Conditional Use Permit (CUP) to allow a short-term vacation rental property within the Residential High Density (RHD-20) zone at 1605 Seal Way. Recommendation: Approve CUP 12-I2, subject to conditions. The Senior Planner provided the staff report: The subject property is triplex towards the front of the property (three bedroom unit on the second and third floors and two bedrooms on the ground floor unit) and a detached structure with an owner occupied unit above the two car garage — due to non-conforming rear yard setback there is not adequate space to park a standard size car within the area between the garage and the rear property line — there are two additional open parking spaces adjacent to the garage that are accessible from Seal Way — this is a new application for use as a short-term vacation rental. Lois] 2 1W.4 N a &-sirn I I Ag I r, 12 111 fig! At 10:45 p.m. Massa-Lavitt moved, second by Everson, to continue the meeting to complete the items on the agenda. AYES: Cummings, Everson, Galbreath, Massa-Lavitt NOES: Goldberg Motion Carried The Commission stated their concerns. Goldberg moved, second by Cummings, to continue this item to a date uncertain. AYES: Cummings, Galbreath, Goldberg, Massa-Lavitt NOES: Everson Motion Carried Page 5 - Planning Commission 10/03/12 5. Conditional Use Permit 12 -17 Property: 226 4th Street Applicant: Brent Sears Owners: Bob and Cathy West Request: For a Conditional Use Permit (CUP) to allow a second floor, detached guest room to a nonconforming property within the Residential High Density (RHD -20) zone at 226 4th Street. Recommendation: Re- notice Conditional Use Permit 12 -17 and reschedule for October 17th Planning Commission meeting. The Senior Planner announced that Conditional Use Permit 12 -17 has been re- noticed and rescheduled for the October 17th Planning Commission meeting. 6. Zone Text Amendment 12 -3 Vacation Rentals (Citywide) Request: For a Zone Text Amendment to amend certain sections of Title 11 of the Seal Beach Municipal Code, regarding short -term vacation rentals. Recommendation: Adopt Resolution No. 12 -32, recommending to the City Council the approval of Zone Text Amendment 12 -3, prohibiting the establishment of vacation rentals within the City. The Interim Director of Community Development provided the staff report giving the background on the matter before the Commission for their consideration and pointed out that the City Council had requested the Planning Commission to consider whether the City should prohibit the establishment of any new vacation rentals in the City. Chair Massa - Lavitt opened the public hearing. Speakers: 6 speakers stated their opinions and urged the Commission to adopt the resolution to prohibit any new vacation rentals; and Seth Eaker, representing the Seal Beach Chamber of Commerce, stated that the Chamber supports the CUP process and does not take a stance on this item (not local business related). The Commission discussed the item. Commissioner Everson moved that the Commission not adopt the resolution and should complete the process of all CUP applications before sending a recommendation to the City Council — failed for a lack of a second to the motion. Cummings moved, second by Goldberg, to adopt Planning Commission Resolution No. 12 -32 entitled "A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL PROHIBIT THE ESTABLISHMENT OF VACATION RENTALS (ZONE TEXT AMENDMENT 12 -3) ". -V1111,111'111�11' M0r1T1r2r#Dr*r11 rorawrlyflym AYES: Cummings, Galbreath, Goldberg, Massa-Lavitt NOES: Everson Motion Carried The Assistant City Attorney stated that approval of Resolution No. 12-32 recommending the approval of Zone Text Amendment 12-3 will be forwarded to the City Council for final action. DIRECTOR'S REPORT The Interim Director stated that on the October 17 th Planning Commission agenda a public hearing has been scheduled for the roof top deck ordinance — asked the Senior Planner to give an update on the traffic study for the Shops at Rossmoor. COMMISSION CONCERNS Commissioner Goldberg inquired if staff knew when the DWP property is scheduled to go before the Coastal Commission. ADJOURNMENT With no objections, Chair Massa-Lavitt adjourned the Planning Commission meeting at 11:38 p.m. Approved: Attest: W1W City Clerk NOTICE: The following document has not been approved for accuracy and may be coffected, modified or amended before final approval. Because it is being made available prior to final action, it should not be considered a true record of the meeting. It is not the official Minutes of the Planning Commission and cannot be relied on or used as an official record of the proceedings. Although the City of Seal Beach makes every effort to see that proper notes are taken at a meeting, and although draft Minutes are generally approved as submitted, changes and corrections are sometimes made before a final version is approved. The City therefore makes no warranty, expressed or implied, as to the contents of this document. Once Official Minutes have been approved, a copy can be obtained from the City Clerk.