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HomeMy WebLinkAbout3 - Res 12-31 - Deny CUP 12-20 (1115 & 1115.5 Ocean Avenue)December 19, 2012 STAFF REPORT To: Honorable Chairwoman and Members of the Planning Commission From: Jim Basham, Community Development Director Subject: Consent Item - Planning Commission Resolution to Deny Conditional Permit 12 -20, For a Short Term Vacation Rental at 1115 - 1115'/2 Seal Way, Seal Beach Discussion On November 7, 2012 and December 5, 2012, -the Planning Commission held a public hearing regarding the application for Conditional Use Permit 12 -20 to allow a short term vacation rental at 1115 -1115 '/2 Seal Way. After the close of the hearing and further deliberation, -the Planning Commission voted to direct staff to prepare a resolution denying the application with findings in support thereof based on the evidence presented. A resolution to deny Conditional Use Permit 12 -20 is attached to this staff report is tt ched to tho report for the Commission's consideration and adoption. m Basham ommunity Development Director Resolution to Deny Conditional Use Permit 12 -20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DENYING CONDITIONAL USE PERMIT 12-20 FOR A SHORT TERM VACATION RENTAL AT 1115 and 11151/2 SEAL WAY, SEAL BEACH I IiIIII i ilill 11IF-2 '7aT I 16MIM M =14 M 03.0 Yana 1611 5=1 r WAI Ing J OEM � L ei � iil %TW a aw Section 1. On July 3, 2012, Alexander Yoffe ("the applicant"), an authorized representative of the owner of 1115 and 1115 1/2 Seal Way (the "subject property"), submitted an application to the City of Seal Beach Department of Community Development for Conditional Use Permit (CUP) 12-20 to allow a short term vacation rental at the subject property. Section 2. A duly noticed public hearing was held before the Planning Commission on November 7 and December 5, 2012 to consider the application for Conditional Use Permit 12-20, At the Public Hearing, the Planning Commission received and considered all evidence presented, both written and oral, regarding the subject application. The record of the hearing includes the following facts, which the Planning Commission finds to be true and correct: a. The subject property is located in the Residential Low Density (RLD-20) zone area of Old Town Seal Beach, which is characterized by narrow residential lots with narrow setbacks, which means that homes are very close together. Additionally, the subject property and other properties on Seal Way in its vicinity face the boardwalk and beach. Thus, their only roadway access is from the alleyway, which severely impacts traffic circulation and the availability of on-street parking in the neighborhood. b. The subject property is comprises 2,700 square feet with lot dimensions (30'-0" by 90'-0") and is developed with a residential duplex. The downstairs dwelling unit consists of three bedrooms and one bathroom and the upstairs dwelling unit consists of three bedrooms and two bathrooms. The property is nonconforming on the a basis of: (1) density because the Zoning Code permits only one dwelling unit on the subject property; and (2) parking because the subject property has only one off-street parking spot for each unit and the Zoning Code requires two spots for each unit. C. The surrounding land uses and zoning are as follows: NORTH: Single and multi-family residences in the Residential High Density (RHD-20) zone. 8 SOUTH: Boardwalk; Public Beach EAST: Single and multi-family residences in the Residential High Density (RHD-20) zone. WEST: Single and multi-family residences in the Residential High Density (RHD-20) zone. d. The subject property is currently used for short-term vacation rental, which has resulted in a regular turnover in short term residents and a more intense level of use than that which typically occurs in residential properties. e. Neighboring residents have complained that the short term residents of the subject property create excessive noise during their vacation stays without regard to the concerns of neighboring long term residents, that the operation of multiple vacation units on the subject property negatively impacts an already deficient parking and traffic circulation environment; especially in light of the nonconforming status of the subject property, that coming and going of maintenance and cleaning personnel create additional noise, traffic, and parking impacts, and that there is an overconcentration of vacation uses in the vicinity of the subject property that exacerbates the overall impacts in the neighborhood. Section 3. Based upon the facts contained in the record, including but not limited to those stated in the preceding Section of this Resolution, and pursuant to Chapter 11.5.20 of the Seal Beach Municipal Code, the Planning Commission makes the following findings: a. Use of the subject property as a short term vacation rental is inconsistent with the General Plan because the adverse noise, parking, and other impacts from the use of the subject property as a short term vacation rental as well as its potential contribution to an overconcentration of similar uses are incompatible with the residential designation of the neighborhood. b. The subject property is not physically adequate for the type, density and intensity of use proposed because the neighboring residences are so close that there can be no effective buffer for the sort of noise and other use impacts created by short term occupancy of a nonconforming duplex and the street is so narrow that the addition of multiple vehicles for vacation renters at a property that is already nonconforming as to off-street parking will negatively impact an already deficient situation. 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 allowing vacation renters increases the number and frequency of visitors and guests and therefore exacerbates noise, traffic and other land use impacts. Approval of CUP 12-20 would also contribute to an overconcentration of similar uses that would exacerbate these impacts, d. The establishment, maintenance, or operation of a short term vacation rental at the subject property is detrimental to the health, safety, or welfare of persons residing in the vicinity because the addition vacation renters increases the number and frequency of visitors and guests and therefore exacerbates noise, traffic and other land use impacts. Section 4. Based on the findings made in the preceding Section of this Resolution, the Planning Commission hereby denies Conditional Use Permit 12- 20, and further finds and declares it would have denied the application based on any one of the four findings made in the preceding Section, 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 19th day of December, 2012, by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Jim Basham Planning Commission Secretary Sandra Massa-Lavitt Planning Commission Chairwoman