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HomeMy WebLinkAboutCC Res 6339 2013-01-14 RESOLUTION NUMBER 6339 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DENYING AN APPLICATION FOR CONDITIONAL USE PERMIT NO. 12-20 TO ALLOW SHORT-TERM VACATION RENTAL UNITS AT THE PROPERTY LOCATED AT 413 OCEAN AVENUE THE SEAL BEACH CITY COUNCIL DOES HEREBY FIND, DETERMINE AND RESOLVE: Section 1. On July 9, 2012, Lenore Schwankovsky (the "applicant" or "property owner") filed an application for a Conditional Use Permit ("CUP") with the Department of Community Development. Section 2. The applicant has requested a CUP to operate a short-term vacation rental property at 413 Ocean Avenue (the "subject property") which is within the Residential High Density (RHD-20) Zoning District. The City may conditionally approve a CUP only if the City can make certain findings to ensure compatibility. Seal Beach Municipal Code Section 11.5.20.005(B) provides that an application for a CUP requires special consideration to ensure that a proposed use can be designed, located, and operated in a manner that will be compatible with the City. Seal Beach Municipal Code Section 11.5.20.020(A) provides a CUP can only be granted if the reviewing body finds, based upon evidence presented at the hearing, the proposal as submitted, or as modified, conforms to all of the following criteria: "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; 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." Section 3. The property is a non-conforming, 25-foot wide lot containing 2,750 square feet. The property is developed with a two-story, three-bedroom main dwelling, and a detached, two-story structure with two single-car garages and a one-bedroom dwelling over the garages. The side yard setbacks are three feet wide. The site does not conform to applicable City's zoning standards because the property has: (a) insufficient rear yard setback; (b) inadequate off-street parking; and (c) excess density. Section 4. After conducting a duly noticed public hearing, the Planning Commission approved the application. Kurt Schulzman and Richard Neri timely appealed the Commission's decision. • Resolution Number 6339 Section 5. A duly noticed public hearing was held before the City Council on December 10, 2012 to consider the appeal. The Council considered oral and written evidence, including both testimony and written material submitted by the applicant. The record of the public hearing indicates the following: a. On July 9, 2012, the applicant filed an application for a CUP (CUP 12-10) to operate a short-term vacation rental property at 413 Ocean Avenue. The applicant testified that she typically leased the property for terms longer than 30 days. She stated that she wanted the flexibility to occasionally rent the property for periods shorter than 30 days. She submitted documentation that stated she rented the main structure on a short-term basis an average of 44 days a year since 2006, and the second unit an average of 17 days a year since 2008. b. The subject property is located within the area commonly known as "Old Town" within the Residential High Density (RHD-20) Zoning District. Such District has the highest density in the City; many properties in the District are non- conforming due to inadequate setbacks, insufficient on-site parking, and development exceeding allowable density standards. The predominant residential lot in Old Town is 25 feet wide with three feet side yard setbacks. c. The property is a non-conforming residential property containing 2,750 square feet. The property is developed with a two-story, three-bedroom main dwelling, and a detached, two-story structure with two single-car garages and a one-bedroom dwelling over the garages. The property 111 is 25 feet wide and has three-foot side yard setbacks. The property does not conform to the City's zoning because: (i) the rear yard is substandard due to an insufficient rear yard setback; (ii) the site does not contain adequate off-street parking (four spaces are required; only two spaces exist); and (iii) the site exceeds allowable density. (The site contains two dwelling units; only one unit is allowed per the Zoning Code.) d. Surrounding land uses and zoning are as follows: NORTH: Single and multi-family residences within the Residential High Density (RHD-20) zone. SOUTH: Single family residences within the Residential Low Density (RLD-9) zone. WEST: Single and multi-family residences within the Residential High Density (RHD-20) zone. EAST: Single and multi-family residences within the Residential High Density (RHD-20) zone. e. Numerous residents testified against the proposed use. Adjacent property owners stated that renting the subject property on a short-term basis had created a large increase in noise, litter, crime and pollution. Neighbors testified that, for the periods in which the property was not rented to short-term renters, there were no significant issues. By contrast, those neighbors testified that there was a marked increase in noise, barbeque smoke, disruptive parties and the lack of on-street parking during the times the property was rented on a short- term basis. One neighbor testified that theft occurred at her Resolution Number 6339 property during the time the property was rented on a short- term basis. Another neighbor testified that due to the combination of poor sound insulation, inadequate noise mitigation features, the property's non-conforming rear setback and an uncovered, exterior balcony, excessive noise created by short-term renters disturbed neighbors to the point where they could not enjoy the quiet use of their properties. There was testimony that the short-term renters frequently used a barbeque in the cramped back yard and that smoke from the barbeque disturbs adjacent neighbors. Speakers stated that renting the residential property on a short-term basis transformed the units into a hotel, thus bringing a commercial use into a residential neighborhood. Others stated that the short-term renters brought more autos to the area, exhausting the City's limited parking resources. Section 6. Based upon the facts contained in the record, including those stated in Sections 1-5 of this Resolution and pursuant to the Seal Beach Municipal Code, the City Council hereby finds: a. Due in great part to the significant non-conformities of the property, the short-term rental of the subject property is not consistent with the provisions of the Land Use Element of the City's General Plan. The property does not conform to the City's applicable zoning standards in three significant ways: (i) the rear year is substandard due to an insufficient rear yard setback; (ii) the property provides only half of the Code's minimum off-street parking; and (Hi) the site exceeds allowable density because the site contains two dwelling units; however, the lot is so small, only one unit is allowed per the zoning code. b. The subject property is not physically adequate for the type, density, and intensity of the use. The influx of short-term renters on a daily or weekly basis exacerbates the physical constraints imposed by the property's non-conformities and places a significant burden on the City's infrastructure. The structures were built many years ago, and the number of renters using the two units will place a strain on the property's plumbing and other utilities. There is an uncovered balcony and a barbeque in the non-conforming rear yard. According to neighbors, the balcony and barbeque are frequently used during the period when the property is rented on a short-term basis. Because of the non-conforming rear yard setback, the balcony is closer to adjacent properties. Adjacent neighbors testified that noise from the balcony has been excessive. Likewise, due to the inadequate space in the non-conforming rear year, smoke from the barbeque disturbs adjacent neighbors. Frequent use of the barbeque in such a compact area increases the potential for fires. The property is only 25 feet wide, with three feet sideyard setbacks. The adjacent properties likewise have three feet sideyard setbacks, which results in only six feet separating the structures from structures on both sides. Further, the lack of adequate on-site parking on the property will place a strain on the limited parking resources available in the area. The Old Town District is a densely compacted area with scarce street parking. The addition of multiple short-term renters will exacerbate the parking deficiency in the area. Resolution Number 6339 c. Due to its location, size, and the operating characteristics of a vacation rental, such use will not be compatible with and will adversely affect uses and properties in the surrounding neighborhood. As previously noted, the subject property is in the densely compacted Old Town District. The increased intensity of use generated by short-term rentals exacerbates the negative impacts associated with a densely populated area that has less open space and inadequate parking 111 resources. As noted above, the property is non-conforming as to density, rear year setback and on-site parking. The rental of the property on a short-term basis intensifies such non-conformities in many ways, including the following: (i) short-term renting of two units where only one unit is allowed by current zoning increases the number of guests on and visitors to the property and area; (ii) the use of an inadequate rear yard by more people increases the detrimental impacts, such as excessive noise and intrusive smoke, of such use on adjacent property; and (iii) the increase of visitors and guests to a property which is non- conforming because it lacks adequate parking will exhaust limited on-street parking. d. For all the reasons stated in subsections a.-c. above, the proposed use will be detrimental to the health, safety, or welfare of persons residing in the vicinity of the use. Section 7. Based upon the record of the hearing, including the facts stated in Sections 1-6 above and the substantial evidence entered into the record, and pursuant to State law and the City's Municipal Code, the City Council hereby finds the proposed location is not an appropriate site for the proposed use. The City Council's decision is based upon each of the foregoing totally independent and separate grounds, each of which stands alone as a sufficient basis for its decision. Based upon the foregoing, the City Council hereby disapproves the application for CUP 12-10 for short-term vacation rentals at 413 Ocean Avenue. Section 8. Section 1094.6 of the California Code of Procedure and Seal Beach Municipal Code Section 1.20.015 govern the time within which judicial review, if available, of the City Council's decision must be sought, unless a shorter time is provided by other applicable law. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 14th day of January , 2013 by the following vote: AYES: Council Members /,!/ A/ NOES: Council Members " l 9 ABSENT: Council Members n7-1 ABSTAIN: Council Members kI%20 I ' n ^ ' .:�#� T.�►,� �,IX' Ifs Mayor ATTEST: _ ct /Litt tit Clerk Resolution Number 6339 STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6339 on file in the office of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a regular meeting held on the 14th day of January , 2013. OS/Ltd ._ .%Ldi Cit Clerk • yr' ' '$:' .1F}.