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Home My WebLink AboutCC AG PKT 2013-01-14 #F SEAL" . AGENDA STAFF REPORT DATE: January 14, 2013 TO: Honorable Mayor and Members of the City Council THRU: Jill R. Ingram, City Manager FROM: Jim Basham, Director of Community Development SUBJECT: DENYING CONDITIONAL USE PERMIT (CUP) 12-10, A REQUEST TO ALLOW A SHORT TERM VACATION RENTAL AT 413 OCEAN AVENUE SUMMARY OF REQUEST: That the City Council adopt Resolution No. 6339 denying CUP 12-10 a request to allow a short term vacation rental at 413 Ocean Avenue. BACKGROUND AND ANALYSIS: On December 10, 2012, the City Council held a public hearing regarding the appeal of Conditional Use Permit CUP 12-10 to allow a short term vacation rental at 413 Ocean Avenue. After the close of the hearing and deliberation, the City Council voted to direct staff to prepare a resolution denying the Conditional Use Permit with findings in support thereof based on the evidence presented. A resolution to deny Conditional Use Permit 12-10 is attached to this staff report for the City Council's consideration and adoption. ENVIRONMENTAL IMPACT: There is no environmental impact at this time. LEGAL ANALYSIS: The City Attorney has reviewed and approved as to form. FINANCIAL IMPACT: No -financial impact at this time. Agenda Item— F RECOMMENDATION: is recommended that the City Council adopt Resolution No. 6339 denying CUP ,2-10 a request to allow a short term vacation rental at 413 Ocean Avenue. UBMITTED,BY: NOTED AND APPROVED: im Basham, Director of R. Ingram, CtInager ommunity Development Attachments: A. Resolution No. 6339 Page 2 RESOLUTION NUMBER 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 ATTHE PROPERTY LOCATED AT4i3 OCEAN AVENUE THE SEAL BEACH CITY COUNCIL DOES HEREBY FIND, DETERMINE AND RESOLVE: Section 1. On July 0. 2O12. Lenore Sohwunkovsky(the'appUnmnf'or"property owner') filed an application for o Conditional Use Permit ("CUP") with the Department of Community Development. Section 2' The applicant has requested a CUP to operate m short-term vacation rental property a1413 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 m proposed use can be designed, |oca&ad, and operated in a manner that will be compatible with the City- Seal Beach Municipal Coda Section 11.5.20.020(A) provides a CUP can only be granted if the reviewing body finds, based upon evidence presented at the heahng, the proposal as oubmitted, orasmodified, conforms ho all of the following criteria: 1. The proposal in 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 propooed, including provision of services, and the absence cf physical constraints; 4. The location, uize, 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 eahsb|ishnnent, moin1mnanoe, or operation of the proposed use e1 the location proposed will not bedetrimental 1n the haa|\h, safety, or watone of persons residing or working in the vicinity of the proposed ume." Section 3. The property is u non-conforming, 25-foot wide lot containing 2.750 square feet. The property is developed with a hwo-s1ory, three-bedroom main dwe||ing, and e dataohed, two-story structure with two single-car garages and a one-bedroom dwelling over the garages. The side yard setbacks are three feet vide. The site does not conform to applicable City's zoning standards because the property has: (m) insufficient rear yard setback; (b) inadequate off-street parking;and(n)excess density. Section 4. After conducting o duly noticed public hearing, the Planning Commission approved the application. KurtSohu|zman and Richard Ned timely appealed the Commission's decision. Resolution Number 8339 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 avidenca, including both testimony and written mabado| submitted by the applicant. The record of the public hearing indicates the following: a. On July 8. 2U12. 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 30days. She stated that she wanted the flexibility to occasionally rent the property for periods shorter than 3Odays. She submitted documentation that stated she rented the main structure on o short-term basin an average of 44 days a year since 20O8. and the second unit an average nf17 days ayear 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 inOld Town is 25 feet wide with three feet side yard setbacks. C. The property in a non-conforming residential property containing 2.750 square feet. The property is developed with a two-story, three-bedroom main dwelling, and o detached, two-story structure with two sing|e-car ganagno and a one-bedroom dwelling over the garages. The property is25 feet wide and has three-foot side yard setbacks. The property does not conform 0o the City's zoning because: (i)the rear yard is substandard due toan insufficient rear yard setback; (ii) the site dues 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 Codo.) d. Surrounding land uses and zoning are aafollows: NORTH: Single and multi-family residences within the Residential High Density(RHD-20)zone. SOUTH: Single family residences within the Residential Low Density ([lLO'Q)zone. WEST: Single nd multi-family residences within the Residential High Density(RHD-2U)zone. EAST: Single and multi-family residences within the Residential High Density(F(HD'20)zone. e, Numerous residents testified against the proposed use. Adjacent property owners stated that renting the subject property on aohod- tenn basis had created a large increase in no1aa. litter, crime and pollution. Neighbors testified that, for the pedods in which the property was not rented to short-term nanhara, there were no significant issues. By contrast, those neighbors testified that there was marked increase in noioe, borbequemmoke. disruptive parties and the lack of on-street parking during the times the property was rented on a short-term basin. One neighbor testified that theft occurred ot her property during the time the property was rented ono short-term bmsis. Another neighbor haaUfiad that due to the combination of poor sound inou1adon, inadequate noise mitigation featuvaa. the property's non-conforming near setback and an unoovenad, exterior balcony, excessive noise created by short-term Resolution Number 833Q renters disturbed neighbors kxthe point where they could not enjoy the quiet use of their properties. There was testimony that the short- term renters frequently used a borbequo in the cramped back yard and that smoke from the barbequa disturbs adjacent neighbors' Speakers stated that renting the residential property onashort-term basis transformed the units into a hote|, thus bringing acommercial use into a residential neighborhood. Others stated that the short-term renters brought more autos 1othe area. exhausting the City's limited parking resources. Section 8. Based upon the facts contained in the nacord, including those obshad in Sections 1-5 of this Resolution and pursuant to the Seal Beach Municipal Code, the City Council hereby finds: u. Due in great part bm 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 issubstandard due to an insufficient rear yard setback; (ii) the property provides only half of the Code's minimum off-street parking; and (iii)the site exceeds allowable density because the site contains two dwelling units; however, the lot iaso small, only one unit is allowed per the zoning code. b. The subject property is not physically adequate for the h/pm. density,and intensity of the use. The influx of short-term renters on o daily or weekly basis exacerbates the physical constraints imposed by the property's non-conformities and places osignificant burden on the City's infrastructure. The structures were built many years ago, and the number ofrenters using the two units will place a strain on the property's plumbing and other utilities. There is an uncovered balcony and a borbeque in the non-conforming rear yard. According to neighbors, the balcony and barbeque are frequently used during the period when the property ia rented ona short-term basis. Because of the non-conforming rear yard sedbouk, the balcony is closer to adjacent properties. Adjacent neighbors testified that noise from the balcony has been excessive. Likewise, due huthe inadequate space in the non-conforming near yoar, smoke from the barbequa 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 aidayord setbacks. The adjacent properties likewise have three feet aideyand oetbacks, which results in only six feat separating the structures from structures on both a1doe. Further, the lack of adequate on-site parking on the property will place a strain on the limited parking mmuuncem available in the area. The 0d Town Diathot is a densely compacted area with mcenoe street parking. The addition ofmultiple short-term renters will exacerbate the parking deficiency in the area. C. Due 0z its |ooabon, mize, and the operating chanaohahoUco of o vacation vonba|, such use will not be compatible with and will adversely affect uaan and properties in the surrounding neighborhood. As previously noted, the subject property is in the densely compacted Old Town DinthcL The increased intensity of use generated by short-term rentals exacerbates the negative impacts associated with a densely populated area that has iaee open space and inadequate parking resources. As noted above, the property isnon-oonfonningoa0u density, rear year setback and on-mite parking. The rental of the property on a short-term basis intensifies such non-conformities in many wmys, including the Resolution Number G33Q following: (i) short-term renting of two units where only one unit is allowed by current zoning increases the number ofguests 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 /oohs adequate parking will exhaust limited on-street parking. d. For all the reasons stated in subsections a.-n. above, the proposed use will be detrimental to the hea|th, eofety, or welfare ofpersons residing in the vicinity of the use. Section 7. Based upon the record of the haaring, including the facts abab*d in Sections 1-S above and the substantial evidence entered into the record, and pursuant to State law and the City's Municipal Cude, the Qty 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 ofwhich stands alone une 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 1OA4.Oof the California Code of Procedure and Seal Beach Municipal Code Section 1.20.015 govern the time within which judicial rovew, if available, of the City Council's decision must be sought, unless o shorter time is provided by other applicable law. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at e regular meeting held onthe 14th day of�January_.2O13by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council K4embana ABSTAIN: Council Members Mayor ATTEST: City Clerk STATE OF CALIFORNIA � COUNTY QFORANGE } SS CITY OF SEAL BEACH } |. Linda Devina, C1b/ 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, approvad, and adopted by the Seal Beach City Council ata regular meeting held on the_141h_day of_Janua[y_, 2O13. City Clerk