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Home My WebLink AboutPC Min 2012-12-05City of Seal Beach - Planning Commission December 5, 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: Jim Basham, Director of Community Development Greg Hastings, Interim Director of Community Development Jerry Olivera, Senior Planner Steven Flower, Assistant City Attorney Linda Devine, City Clerk Chair Massa-Lavitt introduced and welcomed Jim Basham, the new Director of Community Development. APPROVAL OF AGENDA Commissioner Everson requested that the agenda be reordered to have item 3 considered after item 5. With no objections, Chair Massa-Lavitt so ordered. Everson moved, second by Cummings, to approve the agenda as amended. AYES: Cummings, Everson, Galbreath, Goldberg, Massa-Lavitt 110 E S: Vone Motion Carried ORAL COMMUNICATIONS Chair Massa-Lavitt opened oral communications. Speakers: Phil ViIjeon, Ocean Avenue; Linda Lemoncheck, 6th Street; Jed Shafer, 6th Street; Jim Caviola, Ocean Avenue; Mike Buhbe, Central Way; and Gary Johnson, 3r" Street - all speakers provided their opinions in the opposition to vacation rentals in Old Town. There being no other speakers, Chair Massa-Lavitt declared oral communications closed. CONSENT CALENDAR 1. Approve Planning Commission Meeting Minutes of November 7, 2012. Cummings moved, second by Everson, to continue the approval of the minutes to the next Planning Corrimission meeting. AYES: Cummings, Everson, Galbreath, Goldberg, Massa-Lavitt NOES: None Motion Carried SCHEDULED MATTERS No items at this time. Page 2 — Planning Commission 12/05112 PUBLIC HEARINGS 2. Conditional Use Permit 12 -20 Property: 1115 & 1115% Seal Way Applicant: Alexander Yoffe Owners: Harold B. Rothman Request: For a Conditional Use Permit (CUP) to allow a short -term vacation rental property within the Residential High Density (RHD -20) zone at 1115 and 1115% Seal Way. Recommendation: Approve CUP 12 -20, subject to conditions. (Resolution No. 12 -31) The Senior Planner provided a brief recap on the continued public hearing from November 7th meeting: The subject property is legal non - conforming duplex property; both units consist of 3 bedrooms; one letter of opposition was submitted; and staff recommends approval subject to conditions — at the request of the Commission, a map was presented to show the location of the approved, denied, and pending CUP permits in the Old Town area and code enforcement will start abatement of the illegal rentals. The Assistant City Attorney addressed the questions regarding CEQA (California Environmental Quality Act) and stated there is substantial evidence to support the exemptions and provided examples. Chair Massa - Lavitt opened the continued public hearing. Speakers: Alexander Yoffe, applicant, was present at the last meeting and provided the background on the item and indicated that he is present to answer any further questions. There were 5 speakers in opposition and no speakers in favor of the CUP. Commission comments: • 4 issues of great concern - no clear guidelines for vacation rentals were provided to the Commission, the City Council voted to not issue further permits for vacation rentals, residents response have been vocal and numerous, and parking issue; • Map shows an over concentration of CUP's in a triangle area in the south east corner along Seal Way; • Not sure the CUP will be affective in mitigating the problems or in the enforcement process to revoke the CUP if any of the conditions are violated; • Concentrated area was based on the fact that the rentals will change the character of the area and the homes will not be occupied by residents but will be used by short term transients; • The CUP's are not changing the dynamic of the neighborhood — rentals were already there and some illegally, should not deny someone's due process just because of the location of the property, Council gave the Commission the direction to look at each CUP individually and make a decision based on the merit of each one and not based on overall density, percentage, or threshold, and need to go forward with the process on individual merit (be consistent with all applicants); • Council may not appreciate the geographic distribution of the CUP's or be aware of the possible over concentration in this area, need to present this new information (map) to Council; • CUP 12-20 will allow 12 people (4 adults per unit) to occupy the units and only 2 single car garages — concerned about parking; and • Need to amend condition #7 to only allow 2 adult guests over the age of 18 — maximum of 6 per unit. Alexander Yofre, applicant, suggested that the CIP limit the number of cars and not the number of people. Response: This was brought up before and there is an enforcement problem. Everson moved to approve CUP 12-20 with a modification to condition #7 there should be no more than 6 total overnight guests per unit and a maximum of 2 adult overnight guests, over the age of 18, per unit at any time — motion died for a lack of a second. Goldberg moved, second by Galbreath, to deny CUP 12-20 based on the over concentration of rentals in the south east corner of Seal Beach. AYES: Everson NOES: Cummings, Galbreath, Goldberg, Massa-Lavitt Motion Failed The Assistant City Attorney stated that the motion was to deny CUP 12-20 and by the vote the motion failed - suggested the Commission reconsider the action. Cummings moved, second by Goldberg, to reconsider the action taken to deny CUP 12-20 AYES: Cummings, Everson, Galbreath, Goldberg, Massa-Lavitt NOES: None Motion Carried Galbreath moved, second by Goldberg, to deny CUP 12-20 based on the over concentration of rentals in that area and directed staff to bring a resolution denying CUP 12-20, with findings in support thereof based on the evidence presented, to the next Planning Commission meeting. AYES: Cummings, Galbreath, Goldberg, Massa-Lavitt NOES: Everson Motion Carried The Assistant City Attorney stated that there will be no further public hearing on this item and staff will provide a resolution at the next Planning Commission meeting for the Planning Commission to take formal action in denying CUP 12-20 with finding in support thereof and at that time the Planning Commission decision would be appealable to the City Council. 4-. 3. Conditional Use Permit 12-22 Property: 1310 & 1310"12 Ocean Ave Applicants: Robert and Nancy Beck Owners: Robert and Nancy Beck Request: For a Conditional Use Permit (CUP) to allow a short-term vacation rental property within the Residential High Density (RHD-20) zone at 1310 and 1310% Ocean Avenue. Page 4 — Planning Commission 12/05/12 Recommendation: Approve CUP 12 -22, subject to conditions. (Resolution No. 12 -35) The Senior Planner provided a brief recap on the continued public hearing from November 7th meeting: The subject property is legal non - conforming single story duplex dwelling (2 units on the lot both have one bedroom and one bathroom and a shared outdoor patio); detached 2 car garage with off street space in the rear alley; and staff recommends approval subject to conditions. Chair Massa - Lavitt opened the continued public hearing. Speakers: Robert and Nancy Beck, applicants, provided background on their application for the CUP and pointed out that this would be only unit in the area; and 3 reiterated their opposition and no speakers in favor of approval of CUP12 -22. There were no other speakers. Commission Comments: Small impact on parking and less intensity on the neighborhood; and concerned there is a potential for over concentration of rentals. Commission requested that the language be standardized for all CUP's to state that children are under 18 years of age (condition #7). Everson moved, second by Cummings, to adopt Resolution No. 12 -35 approving CUP 12 -22 subject to conditions, with the standardized language added. AYES: Cummings, Everson, Massa - Lavitt NOES: Galbreath, Goldberg Motion Carried The Assistant City Attorney advised that the approval of Resolution No. 12 -35 approving Conditional Use Permit No. 12 -22 is the final decision of the Planning Commission. There is a 10 -day appeal period to the City Council and the appeal period begins tomorrow morning. 4. Conditional Use Permit 12 -18 Property: 128 8th Street Applicant: Pamela Edson Owner: Pamela Edson Request: For a Conditional Use Permit (CUP) to allow a short -term vacation rental property within the Residential High Density (RHD -20) zone at 128 81h Street. Recommendation: Continue to Planning Commission meeting of December 5, 2012. (Resolution No. 12 -25) The Senior Planner provided a brief staff report: The subject property is a legal non - conforming two -story duplex dwelling (downstairs consists of one bedroom, one bathroom, and a small den; upstairs consists of 2 bedrooms and one bathroom — small deck space provided at the front of the upstairs unit — large patio, swimming pool, and spa located in the downstairs front yard) 2 single car garages, and staff recommends approval subject to conditions. Commission received clarification from staff. Chair Massa - Lavitt opened the public hearing. Speakers: Pam Edson, applicant, provide background on the application for CUP 12 -18, use the unit % ff M rors 1 WXIN W 50% of the time for family, and only rents out as one unit; and there were no other speakers. Chair Massa-Lavitt closed the public hearing. Cummings moved, second by Everson, to adopt Resolution No. 12-29 approving CUP 12-18 subject to conditions. AYES: Cummings, Everson, Galbreath, Goldberg, Massa-Lavitt NOES: None Motion Carried The Assistant City Attorney advised that the approval of Resolution No. 12-29 approving Conditional Use Permit No. 12-18 is the final decision of the Planning Commission. There is a 10 -day appeal period to the City Council and the appeal period begins tomorrow morning. Commissioner Everson recused himself from agenda item "5" — Conditional Use Permit 12-21 due to his residence being within 500 feet of the property; and left the Council Chambers at 9:41 p.m. 3-.5. Conditional Use Permit 12-21 Property: 247 17th Street Applicants: Robert and Nancy Beck Owners: Robert and Nancy Beck Request. For a Conditional Use Permit (CUP) to allow a short-term vacation rental property within the Residential High Density (RHD-20) zone at 247 17th Street. Recommendation: Approve CUP 12-21, subject to conditions. (Resolution No. 12-34) The Senior Planner provided a brief recap on the continued public hearing from November 7th meeting: The subject property is a legal non-conforming two-story duplex; 2 single car garages; downstairs dwelling unit consists of 2 bedrooms and one bathroom; the upstairs dwelling consists of 3 bedrooms and 2 bathrooms; staff received 2 letters of opposition; and staff recommends approval of the CUP subject to the conditions. Chair Massa-Lavitt opened the public hearing. Speakers: Robert and Nancy Beck, owner/applicants, no comments; 5 speakers in opposition and no speakers in favor of CUP 12-21; and Robert Beck, applicant, rebuffed the comments made regarding parking and traffic circulation. There were no other speakers; Chair Massa-Lavitt closed the public hearing. Commission comments: There were more residents that spoke in opposition to this CUP than any other; this area is primarily residential and this rental would change the character of the neighborhood; not near any recreational area or beach; concerned about the circulation of traffic (very narrow street); and issue of complaints. Cummings moved, second by Goldberg, to deny CUP 12-21 and directed staff to bring a resolution denying CUP 12-21, with findings in support thereof based on the evidence presented, to the next Planning Commission meeting. AYES: NOES: ABSTAIN: Page 6 — Planning Commission 12/05/12 Cummings, Galbreath, Goldberg, Massa - Lavitt None Everson Motion Carried The Assistant City Attorney stated that there will be no further public hearing on this item and staff will provide a resolution at the next Planning Commission meeting for the Planning Commission to take formal action in denying CUP 12 -21 with finding in support thereof and at that time the Planning Commission decision would be appealable to the City Council. Corrirnissioner Everson returned to the City Council Chambers. DIRECTOR'S REPORT The Director of Community Development thanked everyone for welcoming him to the City; introduced and welcomed Christy Nguyen as the interim Assistant Planner; and thanked Greg Hastings, interim Director of Community Development for his help in the transition period. COMMISSION CONCERNS Galbreath inquired about the Rite -Aid building; Everson and Goldberg stated they will not be able to attend the December 19th Commission meeting; and Cummings inquired about the DWP property. Senior Planner provided an update on the upcoming agenda items for the December 19th meeting. Greg Hastings thanked the Commission for a pleasurable experience as the interim director. ADJOURNMENT With no objections, Chair Massa - Lavitt adjourned the Planning Commission meeting at 10:18 p.m. City Clerk Approved: Chair Attest: City Clerk