HomeMy WebLinkAboutPC Res 12-25 - 2012-11-07 RESOLUTION NUMBER 12-25
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL
BEACH DENYING CONDITIONAL USE
PERMIT 12-15 FOR A SHORT TERM
VACATION RENTAL AT 546 OCEAN
AVENUE, SEAL BEACH
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH
DOES HEREBY FIND AND RESOLVE:
Section 1. On July 10, 2012, John Lima ("the applicant")
submitted an application to the City of Seal Beach Department of Development
Services for Conditional Use Permit (CUP) 12-15 to allow a short term vacation
rental in the Residential Low Density (RLD-9) zone at 546 Ocean Avenue (the
"subject property").
Section 2. A duly noticed public hearing was held before the
Planning Commission on October 17, 2012 to consider the application for
Conditional Use Permit 12-15. 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 RLD-9 area of Old
Town Seal Beach, which is characterized by large beachfront residential lots and
is commonly referred to as the "Gold Coast."
b. The subject property is presently developed with a three-
level, five bedroom single-family dwelling, with a two-car garage and a swimming
pool in the backyard. It is owned by Seal 546 LLC, which is a corporation
controlled by the applicant and his business partner.
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: Public beach; Pacific Ocean
EAST: Single family residences in the Residential Low
Density (RLD-9) zone.
WEST: Single family residences in the Residential Low
Density (RLD-9) zone.
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d. The applicant and his business partner occupy the property
intermittently. When neither of them is occupying the property, they make the
property available for business clients, charitable events, and vacation renters.
Due to its location on the Gold Coast, the property is a uniquely attractive venue
for events and large gatherings of visitors and guests. The subject property is
therefore used much more intensely and by more persons than is typically the
case with single-family residential properties.
e. The owners have had a business license for short term
vacation rentals at the property since December 2010.
f. Planning staff and the Seal Beach Police Department have
received complaints about excessive noise at the subject property on weekends
and weeknights caused by people using the pool and socializing in the backyard.
The Seal Beach Police Department has also responded to at least one complaint
of excessive noise at the property within the past 60 days.
g. Neighboring residents have complained that people using
the house often stay out in the backyard at late hours any given day of the week
and that this is incompatible with the neighboring residential uses, which are
home to children and to adults who generally work during the week. They have
also complained that the intense use of the subject property by transient visitors
and guests has created negative off-street parking impacts for full-time residents.
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
would not be consistent with the General Plan because it is already used by the
owners for a variety of personal and charitable events and allowing additional
short term vacation rentals would only exacerbate the adverse noise, parking,
and other impacts that are incompatible with the residential designation of the
neighborhood.
b. The site is not physically adequate for the type, density and
intensity of use being proposed, including provision of services, and the absence
of physical constraints because neighboring residences are so close that there
can be no effective buffer for the sort of noise and other land use impacts created
by short term occupancy.
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 the size and location of
the subject property make it uniquely attractive to large groups of short term
visitors. Allowing vacation renters would increase the number and frequency of
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visitors and guests and therefore exacerbate noise, traffic and other land use
impacts.
d. The establishment, maintenance, or operation of a short
term vacation rental at the subject property would be detrimental to the health,
safety, or welfare of persons residing or working in the vicinity of the proposed
use because it is already used on a short term basis by the owners and their
business clients for parties and charitable events in a manner that creates
adverse impacts, and adding short term vacation renters will only exacerbate
these problems.
Section 4. Based on the findings made in the preceding Section
of this Resolution, the Planning Commission hereby denies Conditional Use
Permit 12-15, and further finds and declares it would have denied the application
based on any one of the four 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 7th day of November,
2012, by the following vote:
AYES: Commissioners Gummnings, e-vt•son� G0.(brt 4.� L, Gcl�{�tcj� (1v,Ssa - LAvi
NOES: Commissioners km" •l J
ABSENT: Commissioners )l)vn C
ABSTAIN: Commissioners Alant
Sandra Massa- avitt
Planning Commission Chairwoman���� r
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,C.;"(611 g H stings
eri Secretary of the Planning Commission
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