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Home My WebLink AboutCC AG PKT 2013-02-11 #H Addendum SEAL C3 office of the City Clerk 7 UO TO: City Council Members THRU: Jill Ingram, City Manager FROM: Linda Devine, City Clerk DATE: February 8, 2013 RE: City Council Meeting - Item H PUBLIC HEARING H. Appeal of Conditional Use Permit 12-21 — 247 171h Street — Beck (Planning Commission denied 12119112) — Conduct a public hearing regarding the applicant's appeal of the Planning Commission's denial of CUP 12-21 (short term vacation rental), and after consideration of all evidence and testimony presented, direct staff to prepare a resolution upholding the Commission's decision to deny CUP 12-21. "Please add: Minute excerpts from Planning Commission Meetings dated December 5, 2012 and December 19, 2012. SEA( . MINUTE EXCERPT City of Seal Beach - Planning Commission December 5, 2012 Urn 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 NOES: None Motion Carried PUBLIC HEARING Commissioner Everson recused himself from agenda item "S' — 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 Minute Excerpt PC Meeting 12105112 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: Cummings, Galbreath, Goldberg, Massa-Lavitt NOES: None ABSTAIN: 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. Commissioner Everson returned to the City Council Chambers. STATE OF CALIFORNIA) COUNTY OF ORANGE SS CITY OF SEAL BEACH 1, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that the above is a true and correct copy of the minute order on file in the Office of the City Clerk, passed, approved, and adopted by the Planning Commission of the City of Seal Beach at a regular meeting thereof held on the 5th of December, 2012. DATED this 8th day of February 2013. Linda Devine, City Clerk City of Seal Beach SEA1 MINUTE EXCERPT City of Seal Beach - Planning Commission � , �a�'��`'4 December 19, 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 led the Salute to the Flag. ROLL CALL Present: Chair Massa-Lavitt; Commissioners: Cummings, Galbreath, Goldberg Absent: Commissioners: Everson Staff Present: Jim Basham, Director of Community Development Jerry Olivera, Senior Planner Steven Flower, Assistant City Attorney Linda Devine, City Clerk Cummings moved, second by Goldberg, to excuse Commissioner Everson from the December 19, 2012 Planning Commission meeting. AYES: Cummings, Galbreath, Goldberg, Massa-Lavitt NOES: None ABSENT: Everson Motion Carried APPROVAL OF AGENDA With no objections, Chair Massa-Lavitt so ordered the approval of the agenda as presented. CONSENT CALENDAR Goldberg moved, second by Galbreath, to approve of the recommended actions on the consent calendar as presented. AYES: Cummings, Galbreath, Goldberg, Massa-Lavitt NOES: None ABSENT: Everson Motion Carried 1. Approved Planning Commission Meeting Minutes of November 7, 2012. 2. Approved Planning Commission Meeting Minutes of December 5, 2012. 3. Adopted Resolution No 12-31, denying CUP 12-20 — 1115 and 1115Y2 Ocean Avenue (Vacation Rental). 4. Adopted Resolution No 12-34, denying CUP 12-21 — 247 17th Street (Vacation Rental). Minute Excerpt PC Meeting 12119112 The Assistant City Attorney advised that the adoption of Resolution No. 12-31 denying Conditional Use Permit No. 12-20 and the adoption of Resolution No. 12-34 denying Conditional Use Permit No. 12-21 are the final decisions of the Planning Commission. There is a 10-day appeal period to the City Council and the appeal period begins tomorrow morning, due to the holiday closure of City Hall, the final date for the appeal will be Wednesday, January 2, 2013. STATE OF CALIFORNIA) COUNTY OF ORANGE SS CITY OF SEAL BEACH 1, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that the above is a true and correct copy of the minute order on file in the Office of the City Clerk, passed, approved, and adopted by the Planning Commission of the City of Seal Beach at a regular meeting thereof held on the 19th of December, 2012. DATED this 8th day of February 2013. j y�( �4,YIO V Lin Devine, City Clerk City of Seal Beach