HomeMy WebLinkAboutPC AG 2013-01-16 #7TO:
FROM:
MEETING DATE:
SUBJECT:
APPLICANT:
STAFF REPORT
PLANNING COMMISSION
DIRECTOR OF COMMUNITY
DEVELOPMENT
0 2 2 0 �. -IW
I DIM 0 bl, I KAI V "I DIMP11 •
1205 SEAL WAY
II
RECOMMENDATION: AFTER CONDUCTING THE PUBLIC HEARING,
STAFF RECOMMENDS THAT THE PLANNING
COMMISSION ADOPT RESOLUTION NO. 12-
38, DENYING CONDITIONAL USE PERMIT 12-
25.
SIT
� 0 -
Lot Area:
Gross Living Area:
Surrounding Properties:
HIGH DENSITY RESIDENTIAL
RHD-20 (RESIDENTIAL HIGH DENSITY)
In �11 W01
*30
7CW; • MI
North: Single and Multi-family properties in the
Residential High Density (RHD-20)
zone,
Planning Commission Staff Report
Conditional Use Permit 12 -25
1205 Seal Way
January 16, 2013
South: Boardwalk; Public Beach; Pacific Ocean
East: Public Right of Way; Single and Multi-
family properties in the Residential High
Density (RHD -20) zone.
West: Single and Multi- family properties in the
Residential High Density (RHD -20)
zone.
LOCATION MAP:
Planning Commission Staff Report
Conditional Use Permit 12 -25
1205 Seal Way
January 16, 2013
ENVIRONMENTAL ASSESSMENT:
If the Planning Commission denies the application, it is not subject to California
Environmental Quality Act (CEQA) under the rule that actions that are not approved are
exempt. If the Planning Commission approves the application, the project would be
categorically exempt from CEQA pursuant the Section 13505 of the State CEQA
Guidelines which applies to new construction or conversion of small structures, and
Section 13505, which applies to minor alterations in land use limitations.
LEGAL NOTIFICATION:
The legal notice of this hearing was published in the Seal Beach Sun Newspaper on
January 3, 2013 and mailed to 128 property owners and 230 occupants within a 500'
radius of the subject property on January 3, 2013, in the with affidavits of publishing and
posting on file.
FACTS:
• The previous owners operated the property as a vacation rental from approximately
November 2009 until the property was sold to the current owners/applicants in May
2012. When the property was purchased by the applicants in May 2012, they were
unaware of the vacation rental ordinance {Ordinance 1019 -U} that had been
recently passed by the City Council that required all current vacation rental property
owners to retroactively apply for a CUP. Since staff was unaware that the property
had changed ownership, correspondence that staff was sending to owners of
vacation rental properties was sent to the previous owners, not the new owners.
• After numerous failed attempts to contact the previous owners, staff was prepared
to discontinue the ability of the property to be used as a vacation rental when staff
was contacted by the new owners/applicants in approximately September 2012.
Staff informed the applicants that a CUP application would be required to continue
the use of the property as a vacation rental property.
• On October 1, 2013, Scherri Pearson ( "the applicant ") filed an application with the
Department of Community Development for Conditional Use Permit 12 -25 to permit
the use of the property at 1205 Seal Way as a short -term "vacation rental" (i.e.,
renting the property for periods less than 30 days.
• Property owners may apply for a conditional use permit for a short-term vacation
rental provided the application was filed on or prior to October 22, 2012.
• The property has been licensed as a short-term vacation rental property since
November 2009. In June 2012, the previous property owners terminated the
business license and City records show that there is not a business license currently
on file for the subject address.
Conditiona Use Permit 12-25
120• Seal Way
January 16, 2013
The property is nonconforming due to substandard off-street parking- a single, two-
car garage provided where two, two-car garages would be required under today's
zoning code; and exceeding the allowable density- two existing dwelling units on a
lot where only one would be allowed under today's zoning code.
The property is presently developed with a two-story duplex structure (3bd./2ba. unit
downstairs; 2 bd./2 ba. unit upstairs).
As of January 9, 2013, planning staff has received no correspondence in response
to the hearing notices that were mailed out and published for the public hearing on
January 16, 2013.
ANALYSIS:
Commencing with the adoption of Title 11 in 2010, the City has adopted a series of
regulations and requirements for vacation rentals designed to mitigate and eliminate any
adverse impacts upon neighboring properties and the City at large that might arise from the
use. Those regulations include check-in and check-out times as well as requirements that
renters provide valid government identification, that occupants may be cited or fined by the
City for any violation of any provision of the Municipal Code, that trash be stored within
proper trash containers, and that certain terms be included in each short term lease. In
addition, to ensure compatibility with the surrounding uses, the Commission may impose
reasonable conditions in connection with the issuance of a CUP.
During recent CUP hearings for other short-term vacation rental property requests, both the
Planning Commission and members of the public have expressed concern for certain
properties wishing to obtain such permits, where there was a lack of adequate on-site
parking or where those properties did not have an on-site or nearby owner or property
manager. While the subject property does have an on-site owner (upstairs), the property
does not provide adequate on-site parking, per zoning code requirements. The subject
property functionally provides two on-site parking spaces which, if split between the two
dwelling units on the property would allocate only one off-street parking space for the
three-bedroom vacation rental unit. While the property also has a rear driveway apron that
would allow a third vehicle to be parked off-street, parking a car in this area would impede
vehicle ingress and egress to the two garage spaces, especially if the property owner's car
was parked in the garage and a vacation rental tenant's car was parked in the drive apron
or vice-versa.
Staff, therefore, does not believe that the site is physically adequate for a vacation rental
property, since the amount of off-street parking provided on the premises would likely be
insufficient for the proposed intensity of use.
CORCI-11SIOR:
After conducting the public hearing and receiving testimony, staff recommends that the
1(*R;1 WeXaVIVI a [oil atQ I 11ATf.- le; III$] a Ell 71if NIVAO
Planning Commission Staff Report
Conditional Use Permit 12-25
1205 Seal Way
January 16, 2013
,e 7• 0 Olive. AICP
rPlaenner - Community Development
Attachments:
Basham
1. Resolution No. 12-38 —A Resolution of the Planning Commission of the City of Seal
Beach, denying Conditional Use Permit 12-25, to allow a short-term vacation rental
property within the Residential High Density (RHD-20) zone at 1205 Seal Way.
2. Interim Ordinance 1624-U regarding short term vacation rental properties.
3. Project plans
ATTACHMENT 1
RESOLUTION NUMBER 12 -38, A RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY
OF SEAL BEACH DENYING CONDITIONAL USE
PERMIT NO. 12 -25, TO ALLOW A SHORT -TERM
VACATION RENTAL PROPERTY WITHIN THE
RESIDENTIAL HIGH DENSITY (RHD -20) ZONE
AT 1205 SEAL WAY.
RESOLUTION NUMBER 12 -38
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
DENYING CONDITIONAL USE PERMIT 12 -25
FOR A SHORT TERM VACATION RENTAL AT
1205 SEAL WAY, SEAL BEACH
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On October 1, 2012, Scherri Pearson ( "the applicant ") submitted an
application to the City of Seal Beach Department of Community Development for
Conditional Use Permit (CUP) 12 -25 to allow a short term vacation rental at 1205 Seal
Way (the "subject property ").
Section 2. A duly noticed public hearing was held before the Planning Commission
on January 16, 2013 to consider the application for Conditional Use Permit 12 -25. 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 High Density (RHD -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,
Seal Way is a single lane, one -way street, with no on- street parking and functions more
as an alley than a residential street. This makes the parking and circulation problems in
the neighborhood of the subject property particularly acute.
b. The subject property is an approximately 2,700- square foot lot
approximately 30' by 90', and is presently developed with a two -story residential duplex.
The downstairs dwelling unit consists of three bedrooms and two bathrooms, and the
upstairs dwelling unit consists of two 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.
SOUTH: Boardwalk; public beach; Pacific Ocean.
1
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. Several neighborhood residents have complained that the operation of
nonconforming properties, especially when lack of parking is the nonconformity, for
short term vacation rentals negatively impacts an already deficient parking and traffic
circulation environment.
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 parking and circulation impacts, lot density,
and other impacts from the use of the subject property as a short term vacation rental
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 additional vehicle traffic for vacation renters at a property that is already
nonconforming 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.
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 12-25, and further
finds and declares it would have denied the application based on any one of the four
9
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 16th day of January, 2013, by the
following vote:
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
Sandra Massa-Lavitt
Planning Commission Chairwoman
Jim Basham
Planning Commission Secretary
ATTACHMENT 2
INTERIM ORDINANCE 1624 -U REGARDING
SHORT -TERM VACATION RENTAL PROPERTIES
ORDINANCE NUMBER
AN URGENCY ORDINANCE OF THE CITY OF SEAL BEACH
APPROVING ZONE TEXT AMENDMENT 12'3 PROHIBITING
RENTAL OF RESIDENTIAL PROPERTY ON A SHORT-TERM
BASIS
THE CITY COUNCIL OFTHE CITY OFSEAL BEACH DOES ORDAIN AS
FOLLOWS: I
Section 1� On October 3, 2012. the Planning Commission conducted a
duly noticed public hearing to consider prohibiting the short-term rental of
residential pnzpamhem (Zone Text Amendment 12-3) After receiving public
testimony, the Commission adopted Planning Commission Reao|udionNo.12-32.
recommending that the Council prohibit renting residential property for periods
less than 3Odays,
Section 2. On October 22, 2012. the City Council conducted o duly
noticed public hearing nn Zone Text Amendment 12-3. Persons spoke |n favor cf
and against short-term rentals.
Section 3. The City Council hereby finds:
& The City's location and proximity hmthe coast makes dapopular
destination for tourists and visitors, many of whom choose to stay m hold events
in residential units such mn' but not limited to, single-family and multiple-family
dwelling un|1n, apartment houuex, condnminiums, cooperative apartments,
triplexes, and duplexes for fewer than 3Odays.
8, The City Council previously enacted Section 114l5.135 of the
Municipal Code, which requires vacation rentals to obtain m conditional use
permit (^CUP") and meet certain minimum operational standards.
Notwithstanding enactment of Section 11.4.05.135, some vacation rentals in the
City have continued to negatively impact neighboring residents.
C. On April 0. 2012' the City Council adopted Ordinance No. 1610-U.
imposing new interim regulations on new and existing vacation rentals. On May
14. 2012. the City Council adopted Ordinance No. 1819'U amending and
extending the interim regulations for new and existing vacation nenta|s, including
the requirement that all previously nonconforming vacation rentals obtain a
conditional use permit for such use.
D. Based on experience in the City and in other jurisdictions, it is
known that short term renting or leasing of residential properties have the
potential to create the negative land use impacts for neighboring residential uses.
These include but are not limited 10 noise disturbances due to late night arrivals
and parties with numerous guests and amplified musin, insufficient parking, and
unsanitary and unsightly trash accumulation. These problems are exacerbated
when multiple units on the same parcel are rented on a short-term basis at the
same time and/or to large groups. K8oreover, because ohod'henn occupants du
not stay in the residence for longer per|odu, they and their guests have |emo
personal incentive to moderate their behavior to avoid negatively impacting
neighboring residents.
E. Accordingly, there is ocurrent and immediate threat to the public
health, safety, and welfare presented by the expansion of the number of vacation
rentals in the City beyond the number ofsuch uses that the City has previously
approved and for which the City has previously received a conditional use permit
application. The approval of any additional conditional use permits for vacation
nynto|» beyond those previously approved or those for which the City has
previously received an application will result in that threat to the public welfare
unless this Ordinance is immediately effective. Due to the foregoing
cinoumstonneu, it is necessary for the preservation of the public heebh, safety,
and welfare for this Ordinance to bake effect immediately. This Ordinance is on
urgency ordinance for the immediate preservation of the public pmace, health,
and safety within the meaning of Government Coda Section 36937(b) and
therefore shall be passed immediately upon its introduction and shall become
effective immediately upon its adoption.
F. Approval of Zone Text Amendment 12-3 is categorically
N�
from review pursuant to the California Environmental Quality Ad (CEOA
pursuant to CEOA Guidelines Section 15305 (Minor Alterations in Land Use
Umitadiome), banouma it consists of minor alterations in land use limitations in
areas with an average slope of less than 20% and does not result in any changes
in land use ordensity; and Section 15081(b)(3). because it can be seen with
certainty that there is no possibility that the approval may have a significant effect
un the environment: and
G. Zone Text Amendment 12-3 is consistent with the City's General
Plan.
Section 4. The establishment of any new vacation nantmi is prohibited.
The City shall not accept any conditional use permit application for vacation
rental after October 22. 2012. Applications submitted on or before October 22.
2012 shall be processed and may beapproved in accordance with the provisions
of the Municipal Code and Ordinance No. 1818'U. Ordinance No. 1619-U is
superseded by this Ordinance and ahe|| have no further effect except for the
limited purpose of processing and reviewing conditional use permit applications
for vacation rentals filed onur before October 22.2U12.
Section 5. The Municipal Code, including but not limited to Table
11.2.05.010. is amended to delete any reference to "vacation rentals." Table
11205.010 of the Municipal Code in further amended to indicate that "Short
-- Tenn Rental of Residentially Zoned Property" is neither permitted nor
conditionally permitted in any zoning district of the City and to cross-reference
Section 11.4.05.135.
Section 6, Section 11.4.05.135 of the Municipal Code is amended to
read as follows:
^Shnrt-Tenn Rental ofResidentially Zoned Property.
A. Prohibited. No residentially zoned propedy, or any portion
thereof, shall be leased or ranted for henn of 29 days or
|mno for any purpnae, including but not limited to any
residential or commercial purpose such as vacation nento1y'
weddings, or other event rentals, �
B. Legal Nonconforming Vacation Rentals. Any vacation rental
granted o conditional use permit pursuant to Ordinance No,
1619-U shall be legal nonconforming use permitted to
continue subject to its conditions of approval and Chapter
11.4.40uf the Zoning Codo.~
Section 7. Pursuant 10 Ordinance No. 1019-U. the City issued
conditional use permits (^CUPa^) for a number of vacation nan1a|m. One of the
conditions of approval attached to each CUP is the requirement that the property
owner comply with the permit and operational requirements ma1 forth in
Ordinance No. 1810'U. |n that Ordinance No, 1619-U will be superseded upon
the effective duhy of this C>rdinunoe, such standards are restated below. Each
property owner who has m CUP for a vacation rental must comply with the
following permit and operational requirements:
A. Business License Required. The property owne must obtain
business license prior ho operating or establishing m vacation rental,
B. Transient Occupancy Tax, The property owner must complete the
Transient Occupancy Tax Remittance form prior to operating or establishing a
vacation rental and shall pay the Transient Occupancy Tax in accordance with
the Seal Beach Municipal Code.
C. Visitor occupancy shall be limited toa
maximum cf28 consecutive days.
D. Fire and Life Safety. Fins and life aoh*ty requirements as required
by the Fire Authority and the Building Department shall boimplemented. Theme
requirements indude, but are not limited to approved smoke detectors in each
lodging moom, installation of an approved fie extinguisher in the otructue, and
the inclusion ofen evacuation plan posted in each lodging room.
E. Annual Inspection. Each vaoehuo rental ahoU comply with the
annual fire and life safety certification procedures of the Orange County Fire
F. First-day arrival at vacation rental is prohibited
after 9:30 p.m, All lease or rental agreements must include this prohibition.
G. Vacation renters must vacate the unit before
noon on the final day of their tenancy.
K Renter Information and Acknowledgement. Prior to occupancy of
short-term vacation rental unit, the owner shall. (i) obtain the nome, addnaam,
and m copy cfa valid government identification of the primary adult occupant of
the short-term vacation rental; and (ii) require the primary adult occupant to
execute o forma} acknowledgement that he or she is legally responsible for
compliance of all occupants of the short-term vacation rental or their guests with --
all applicable |aww, rules and regulations pertaining tothe use and occupancy of
the short-term vacation rental. The acknowledgement must include the text of
Section 7.45.01Omf the Municipal Code, which provides mofollows:
"Upon the initial response of the police department to any disturbance
involving loud, unnecessary and unusual noise, the chief of police may,
in lieu of or in addition to taking other action authorized by |mm give
notice to the person or persons in ao\uo| or apparent control of the
activity creating the disturUmnoe, or\mthe person or persons in actual
or apparent control of the property or premises wherein the
disturbance has occurred, or both, that liability may be imposed upon
the person or persons receiving such notice for the costs to the city of
any subsequent response by the police department in connection with
any continuation or resumption of such disturbance. Such notification
ahuU be in such form as may be approved by the chief of police. The
costs of any subsequent response shall be aaoauoed to the person or
persons receiving such notice and shall include all costs reasonably
incurred by the city in providing law enforcement services and
equipment at the scene of the diaturbonoe, including the cost or value
of the time expended by police department personnel in making any
subsequent response. The method of computing such costs shall be
established by the chief of police and approved by the city council.
The finance department ohoU invoice such costs to the person or
persons liable therefor under this ohmphar, and such costs shall
constitute m debt to the city and be collectible by the city in the same
manner as in the neye of an obligation under a contract; pnuv/ded,
however, that in no event shall a person's liability hereunder exceed
$Y.000 for any single subsequent mapunsa,^
Ordinance Number 1624U
This information and acknowledgment shall be maintained by the owner
for aperiod of three years and shall be readily available upon request of any
police offioeror employee of the City authorized to enforce this Ordinance orany
mpp(kmb{o |ew, rule or regulation pertaining to the use and occupancy of the
short-term vacation rental.
i Trash. Trash and refuse must not be left stored within public view,
except in proper containers for the purpose of collection by the City's authorized
waste hauler on scheduled trash collection days. The owner or property
N�
manager must provide sufficient trash collection containers and service to meet
U�
the demand cf the occupants.
J. Lease Terms. Each new lease or rental agreement for ashort-term
wsoahun rental must have a copy of these Permit and Operational Requirements
attached to bond must include the following termn, notifications and disclosures,
which shall also be posted inb conspicuous location inside the unit:
1� The trash pick-up day and applicable rules and regulations
pertaining to leaving or storing trash or refuse on the exterior of the property.
2. Notification that the occupant may be cited or fined bythe
City for violation of any provision of the Municipal Code, including but not limited
to amplified sound, including radios, televisions and other electronic devices, that
oneehou m noise disturbance in violation of Chapter 7.45 of the Seal Beach
Municipal Code,
1 A recommendation that the occupant participate voluntarily
in neighborhood quiet hours by avoiding parties and loud social events between
4. The name of the owner or property mamnQo/ and a
telephone number at which that party may ba reached at all times.
K. The property owner m manager must
provide the City with o phone number at which he or she can be contacted one
24-hour basis regarding nuisance complaints arising at or from the use of the
property aaa vacation rental. Upon receipt ofa nuisance complaint or upon
notification that any occupant or guest of the short-term vacation nantm| has
created unreasonable noise or disturbances, engaged in disorderly conduot, or
committed violations of the Municipal Code or any state |mw, the owner or
property manager must respond within 45 minutes of receiving such notification
and must promptly take corrective action to immediately prevent recurrence of
such conduct by those occupants orguests. Failure tu timely respond to calls or
complaints as required or take timely corrective action regarding the oondition,
operadon, or conduct of occupants of the short-term vacation rental shall be a
violation of this Ordinance. Nothing in this Ordinance shall be construed to
require or authorize mn owner ur property manager 1n act aoa peace officer or8o
intervene in situations that pose a risk *r personal safety. The owner orproperty
manager must maintain records of the name, vin|atiun, doVe, and time of each
comp|a|nt, di,turbanoe, and response and corrective action by owner. Such
records must bm maintained for a1 least three years.
Section 8. If any ueotion, uubeecuion, uubdivioion, paragraph, sentence,
clause or phrase of this Ordinance or any pad thereof is for any reason held to
be |nva|id, such invalidity ahm|| not affect the validity of the remaining portions of
this Ordinance or any part hereof. The City Council of the City of @aa| Beach
hereby declares that it would have passed each section, subsection, subdivision,
pa,aQnaph, oanVanue, u|auno or phrase hereof, irrespective of the fact that any
one on more sections, nubmectione, subdivimionm, paragraphs, sanbanmas, clauses
or phrases bo declared invalid.
Section 9. The City Clerk shall certify to the passage and adoption of
this Ordinance and shall cause the same ma summary thereof tobepublished
and posted in the manner required by law.
STATE DFCALIFORNIA
COUNTY OF ORANGE )SS
CITY OF SEAL BEACH
1� �W' 0(-
Q� Mayor
APPROVED ASTOFORM:
City Attor6ey'
|. Linda Devine, City Clerk cf the City oy Seal Beach, California, dohereby
certify that the foregoing ordinance is an original copy of Ordinance Number
1624U on 0e in the o0oc of the City Ckerk, pomsed, appnwad, and adopted by
the City Council of the City of Seal Beooh, pursuant to the City Charter and --
Government Code § 36967(b). at meeting held on the 22nd day ofOctober,
2812by the following vote:
AYES: Council Members:
NOES: Council Members: �
ABSENT: Council Members: '
ABSTAIN: Council Members:
and do hereby further certify that Ordinance Number 1624U has been published
pursuant ho the Seal Beach City Charter and Resolution Number 2836.
1 A
PROJECT PLANS