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HomeMy WebLinkAboutPC Res 12-37 - 2013-01-16 RESOLUTION NUMBER 12-37 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DENYING CONDITIONAL USE PERMIT 12-24 FOR A SHORT TERM VACATION RENTAL AT 1499 SEAL WAY, SEAL BEACH THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On October 9, 2012, Rose Hennings ("the applicant") submitted an application to the City of Seal Beach Department of Community Development for Conditional Use Permit (CUP) 12-24 to allow a short term vacation rental at 1499 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 12-24. 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 3,660-square foot lot approximately 37' by 99', and is presently developed with a three-story residential duplex. There are three dwelling units on the premises, consisting of three 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) height limitations, because the Zoning Code only permits a maximum two-story structure on the subject property. 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. 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. Neighboring residents have complained that the short term residents of the subject property create excessive noise during their vacation stays without regard to the concerns of neighboring long term residents, and that the operation of multiple vacation units on the subject property negatively impacts an already dense residential neighborhood and traffic circulation environment; especially in light of the nonconforming status of the subject property. 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 noise, 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. 2 Section 4. Based on the findings made in the preceding Section of this Resolution, the Planning Commission hereby denies Conditional Use Permit 12- 24, 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 16th day of January, 2013, by the following vote: AYES: Commissioners jlass� - Leo// I41 C unrnMin53, Ev,tiSon1 &cil br'cJ1t Golo1(07,1 NOES: Commissioners Amt- ABSENT: Commissioners )Oo,nc_ ABSTAIN: Commissioners /von-L 4/4144J41- Sandra Massa-Lavitt Planning Commission Chairwoman Jim Basham Planning Commission Secretary 3