HomeMy WebLinkAboutCC AG PKT 2013-02-25 #G -
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AGENDA STAFF REPORT
DATE: February 25, 2013
TO: Honorable Mayor and Members of the City Council
THRU: Jill R. Ingram, City Manager
FROM: Jim Basham, Director of Community Development
SUBJECT: APPEAL OF THE PLANNING COMMISSION'S DENIAL
OF CONDITIONAL USE PERMIT 12-15, DENYING AN
APPLICATION TO PERMIT THE PROPERTY LOCATED
AT 546 OCEAN AVENUE TO BE RENTED AS A
VACATION RENTAL
SUMMARY OF REQUEST:
That the City Council hold a public hearing regarding the appeal of the Planning
Commission's denial of Conditional Use Permit 12-15 for a short-term vacation
rental of the property located at 546 Ocean Avenue, and after considering all the
evidence presented, consider upholding the Planning Commission's decision.
BACKGROUND AND ANALYSIS:
On October 17, 2012, the Planning Commission conducted a public hearing and
voted 5-0 to deny Conditional Use Permit (CUP 12-15) for a short-term vacation
rental of property within the Residential Low Density (RLD-9) zone at 546 Ocean
Avenue. At the hearing, the Planning Commission received and considered all
evidence presented both written and oral regarding the Conditional Use Permit.
The Planning Commission based its decision on the fact that staff and the Police
Department received complaints about excessive noise at the property on
weekends and weeknights caused by people using the pool and socializing in the
backyard. Please refer to the following attachments:
Attachment "C" to review Planning Commission Resolution No. 12-25 for the
findings and determination of the Planning Commission regarding the CUP
denial;
Attachment "D" to review the Planning Commission Minutes of October 17, 2012
and November 7, 2012 for the hearing and denial decision and adoption of the
Denial Resolution; and
Attachment "E" to review the Planning Commission Staff Report of October 17,
2012 and the Staff Memorandum of November 7, 2012.
Agenda Item Q
APPEAL:
On November 19, 2012, the City Clerk received a request for appeal of the
Planning Commission's decision from John Lima, on behalf the owner of the
subject property, Seal 546, LLC. (Please refer to Attachment "B".)
Section 1.20.005.D of the Municipal Code requires that the appeal must indicate
in what way the appellant contends the decision was incorrect or must provide
extenuating circumstances that the appellant contends would justify reversal or
modification of the Planning Commission's decision. The appellant's appeal
states there are insufficient facts/evidence to support the decision; the findings
conflict within the staff report; and the use of the property is not detrimental to the
health, safety, and welfare of persons residing in the vicinity.
PROJECT CHARACTERISTICS:
• The property is 30' x 196' in size and comprises 5,880 square feet in area.
It is developed with a three-level, five-bedroom single-family dwelling with
an attached two-car garage and adequate space to park two additional
cars within the driveway area.
• The property is located in the Residential Low Density (RLD-9) zoned area
of Old Town that is commonly referred to as the Gold Coast and that is
characterized by large beachfront lots developed with single family
residences. The subject property is a beachfront property surrounded on
the other three sides by single family residences.
• The property was issued a business license to operate as a vacation
rental in December 2010.
• The appellant testified before the Planning Commission that in addition to
its use as a vacation rental, the property is also used on a short-term basis
by the appellant, his business partner, their respective families, and their
business clients. The property is also used to host special events for
charitable organizations.
• In 2012, the Police conducted six (6) service calls to the subject location.
CONDITIONAL USE PERMIT FINDINGS:
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(6) 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:
Page 2
491. 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."
PLANNING COMMISSION FINDINGS:
The Planning Commission found, based upon evidence presented at the public
hearing, that:
1. 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.
2. 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.
3. The location, size, design, and operating characteristics of
the proposed use would not be compatible with and will not
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 visitors' guests and therefore
exacerbate noise, traffic and other land use impacts.
Page 3
4. The establishment, maintenance, or operation of the
proposed use at the location proposed 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 would only exacerbate these problems.
Staff concurs with the Planning Commission findings.
LEGAL NOTIFICATION:
The legal notice of this hearing was published in the Seal Beach Sun Newspaper
on February 7, 2013 and mailed to 99 property owners and 196 occupants within
a 500' radius of the subject property on February 6, 2013, with affidavits of
publishing and posting on file.
ENVIRONMENTAL IMPACT:
If the Council upholds the Commission's decision, the decision would be exempt
from the California Environmental Quality Act ("CEQA") pursuant to CEQA
Guidelines, Section 15270, because CEQA does not apply to project that a public
agency rejects or disapproves.
LEGAL ANALYSIS:
Pursuant to the City's municipal code and applicable state law, the City may
uphold, overturn, or modify the Commission's decision. If the Council overturns
the decision, it may impose reasonable conditions upon the CUP designed to
ensure that the proposal conforms in all significant respects to the Seal Beach
General Plan and to all other applicable plans and policies adopted by the City
Council and to mitigate any potential impacts.
FINANCIAL IMPACT:
There is no financial impact.
RECOMMENDATION:
Staff recommends that the City Council, after holding a public hearing and
considering all relevant evidence presented, direct staff to prepare a resolution
upholding the Planning Commission's denial of Conditional Use Permit 12-15.
Page 4
i''\
SUBMITTED Y: NOTED AND APPROVED:
tBasliam Jiq5. Ingram, City Man 4ge�
-rector of Community Development
Attachments:
A. Appeal of John Lima received November 19, 2012
B. Planning Commission Resolution No. 12-25
C. Planning Commission Minutes of October 17, 2012 and November 7, 2012
D. Planning Commission Staff Report Dated October 17, 2012
E. Seal Beach Police Department Calls for Service
F. Location Map
G. Written Correspondence
H. Plans
Page 5
Attachment A
Appeal of John Lima received
November 19, 2012
E CE E
���SEAC"E,fi9
APPEAL APPLICATION NOV .19 2012
4xfF r f Y F SL ATO CITY C O U N C I L CITY SEAL
I~or-Office:Use C)nly_
Planning Commission Date: ` :. ' E larining Comrn. Re olu'tlo*n No.,:
Planning Commission Action: Apprcivai_: °. Denial Other:
Date Appeal Filed: City Council Date:
Notice Date:
City Council Action: : Reso 1,utior .Nn.,.
1. Property Address: j L1 P 0 C EA N) Av .
Z Applicant's Name JoKk- L i MA
Address: I'30'Z m 1-VLoLci~2. Zvi= , mQPoJkA CA 9ioi�0
Work Phone: (.z9) 3 � -_142 Mobile: Lp2 to- 9 q-5 -0 o0~
Home Phone: ( ) FAX: ( } �Z. - S0 S-71423
3. Property Owner's Name: Ll (11rA LLCr
Address: i50 mjE M oro!, r?oyiA ; c-A 1:31W
Horne Phone: ( )(§2(D °fit 5 --?42 u
4. The undersigned hereby appeals the following described action of the Seal Beach
Planning Commission concerning Public Hearing No. 11- 2-5
Attach a statement that explains in detail why the decision of the Planning Commission is
being appealed, the specific conditions of approval being appealed, and include your
statements indicating where the Planning Commission may be in error or must provide
extenuating circumstances that the appellant contends would justify reversal or
modification of the decision. (Municipal Code§1.20.006.D. Appeal Contents)
(Signature o - ppjicant) (Signature of Owner)
Jotoo Li NA 3oHy i_(INU
(Print Name) (Print Name) ~
� z ii � � tt IZ _
(Date) (Date) '
ATTACHMENT TO APPEAL TO CITY COUNCIL
CUP 12-15
Property Owner: John Lima/Seal 546, LLC
Property Address: 546 Ocean Avenue, Seal Beach
To the Mayor and Members of the City Council:
1. 1, John Lima, on behalf of Seal 546, LLC respectfully submit this Appeal to the
Resolution of the Planning Commission of the City of Seal Beach, denying my request
for a Conditional Use Permit (CUP), permit 12-15 for a Short Term Rental located at
546 Ocean Avenue, Seal Beach.
2. On October 17, 2012 my application for a CUP came before the Planning
Commission at a noticed public hearing. The Resolution denying my CUP application
was not approved until November 7, 2012. The reason for the delay was that the Staff
Report recommended approval of my CUP with conditions that would eliminate or
mitigate the concerns Staff had about the use of the property and the concerns raised
by members of the public and the Commissioners. Staff submitted a proposed
Resolution granted the CUP with conditions on October 17, 2012, but because the
Commission disagreed with Staffs recommendations, the Resolution required
modification and was brought before the Commission on November 7, 2012 for
approval,
3. This Appeal is timely, based upon an email I received from Mr. Hastings, which
stated that I had until November 19, 2012 to file this Appeal.
4. The basis of my appeal is that there was insufficient facts/evidence before the
Commission do support the findings required by California law and the Seal Beach
Municipal Code in order to deny my CUP application.
5. The Resolution, 12-25, denying my CUP states that use of my property as a short
term vacation rental is inconsistent with the General Plan solely on the basis that I
sometimes use it for personal and charitable events which the Commission incorrectly
concluded would exacerbate adverse noise, parking and other impacts. However, the
only known complaints relate to my personal use of the property, not by vacation rental
tenants. Simply stated, there was no evidence presented that there have been any
noise or other public nuisance complaints by any of my short term, vacation rental
tenants. Staffs recommended conditions included prohibiting renting my property for
charitable events, weddings, etc. This condition would eliminate any adverse impact on
the neighbors. The verifiable FACTS of the case are indisputable. According to
calendars, CCTV tapes and home automation usage reports, during 2012 the home
was rented 36% or 19 weeks, the home was for personal use for 5 weeks or 10% and
the home was completely dark (empty/no use) for 28 weeks or 55%. Of the 36% the
home was rented, 8 of the weeks were 30 days or more. In short, the home was dark
more use than in use. Hardly the high impact use the Planning Commission was lead to
believe by unverifiable public comments. In the 5 years of owning the home, we have
held wonderful 3 events. Our open house party in 2008 of which some of the neighbors
attended, another small event in summer of 2011 of less than 50 people and one this
past September. That equates to less than one half a percent during the total time of
owning the home. Again, hardly the high impact use on which the Planning
Commission based its denial as the home is verifiably and factually sitting idol more
than it is being used.
6. 1 was not provided copies of any such complaints to the Seal Beach Police
Department although I am told Staff had copies of those complaints, making it difficult, if
not impossible, for me to respond to those complaints. I did receive as part of the Staff
Report copies of letters from neighbors who raised complaints about weddings and
what may be special events. Although no specific Oates for these events were identified
and no police report or other record documenting the date of these events, Staffs
recommended conditions for my CUP included a statement that the issuance of the
CUP did not authorize the use of the property as a venue for special events or
gatherings, such as weddings, anniversaries, parties, etc. nor do I allow these events as
we do not allow the home to be used for any type of party or large gathering as stated in
our lease agreement and all correspondence leading up to a lease agreement. All 3
events over the past 5 years were from personal use. One was a charity/open house
when we bought the home, the second and third were both receptions for extended
family members of which I can prove by provided the invitations showing date and
times. Again, I do not rent the home for parties, weddings or any type of gathering. I
understand this limitation on the issuance of the CUP and will abide by that condition.
My desire is to be a good neighbor. In the event that I may want to schedule a special
event for personal use, that I will obtain the necessary permits from the City and take all
necessary precautions to limit noise or any other conduct that might adversely affect my
neighbors as I have done in the past. Staff's recommended condition would seem to
address the concerns from the neighbors that either testified at the hearing or submitted
letters. Prior to public hearing for the CUP, I had NEVER received a complaint,
comment, letter, or phone call from anyone in the neighborhood or city regarding the
usage of my home.
7. Staffs other conditions imposed on the CUP are either the "standard conditions" or
include a limit on the minimum length of a vacation rental, to no less than 4 consecutive
nights. I assume that this limitation was made to avoid the weekend party groups that
seem to be the biggest trouble makers for other vacation rental units. I agree to that
condition as well as we have almost always instituted a minimum week stay.
8. 1 certainly question the denial by the Planning Commission to my CUP when Staff,
the department that is charged with investigation these matters in a professional and
objective manner, recommended approval with conditions that clearly addressed the
concerns raised by those in opposition to my request.
9. It is not my intention to criticize or chastise the Planning Commissions for their
decision. This is a difficult problem, caused, I believe, by maybe one existing vacation
rental property that has caused enormous problems with its neighbors. I am informed
that there are at least 23 complaints about that property in the last five (5) years I
assume that these complaints were all filed or registered with the police department.
Until the public notice, there is not been one verifiable complaint, written, filed, oral or
otherwise in the 5 years I have owned the home. During several private meetings with
staff and city council regarding the CUP process, at no time during these lengthy and
informative meetings was my home brought into question for its usage. Nor was there
any mention of my home being a problem or any complaints directed towards my home
from staff, city attorney or city council.
10. 1 must point out that if I am occupying my own home, with my family or friends, not
renting it to vacation renters that I should be allowed to use it like my neighbors use
their homes. If there is too much noise or other annoying activities when I am there, I
will respect the wishes of my neighbors if they bring this to my attention although no one
have ever brought any disturbance or any unhappiness to my attention until the public
hearing. With the minimum side yard setbacks in the City, it is nearly impossible to
prevent some noise from music, television or occupants carrying over to my neighbors.
But I should not be punished or denied a CUP to rent it on a short term basis, simply
because when I am there, I or others in my home are making noise or playing music
which may bother my neighbors. The focus of the CUP and the findings relate only to
disturbances cause by short term renters, not by the owners when they chose to use
their own property. The City already has a Noise and Public Nuisance Ordinance to
control such use by owners using their own property.
11. It appears that the Planning Commission denied by CUP because of complaints by
neighbors when I am using my property. I am unaware of any complaints when it is
used by short term vacation renters. If I decide to use it for a wedding or other event, I
will follow all of the rules and regulations, including obtaining permits, so as not to
disturb my neighbors. Even if there was no special use permit for such events, I would
and will be mindful of the possibility of disturbing my neighbors and take every
reasonable precaution to avoid any problems.
12. 1 must also disagree with another"finding" by the Planning Commission contained
in their Resolution denying my CUP. I challenge the "finding"that the site is not
adequate to use as a vacation rental until. It has plenty of parking, particularly given the
occupancy restrictions imposed by the recommended conditions contained in the Staff
report. And of course, the homes in my area and throughout the City have minimal
setbacks, so that homes or other residential structures can be placed as close as six (6)
feet apart. Such is the nature of beach property. Minimal setbacks exist in almost all
beach front communities, a natural condition since people pay a great sum of money to
buy the land, the lots are sometimes small and the owners want to construct a home
that they desire and feel comfortable. My neighbors have the same setbacks and must
recognize that when they purchased their homes that all of the beach front homes are
close together. They certainly had to expect that there is no effective way to prevent
some noise or disturbances, except to build sound proof walls, double pane windows
and staff indoors with all of the windows and doors closed. I doubt that they bought
these homes contemplating this type of use; they wanted to enjoy the ambiance of the
ocean, the sunset, the fresh air and the luxury of living in a beach front home. They
chose to endure some noise due to the minimal setbacks in exchange for the enjoyment
of living at the beach, with all of the other benefits with a beach front home. It is a trade-
off, that they chose to make.
13. 1 doubt that they would want to be restricted to their use of their home like they want
me to endure. I agree to the conditions recommended by Staff for approval, which are
more restrictive than my neighbors have. That's my trade-off for being able to rent my
home for short term renters.
14. 1 respectfully request that the City Council overrule the Planning Commission and
grant/approve my CUP subject to the conditions recommended by Staff in their report to
the Planning Commission for the hearing on October 17, 2012 and I ask that you allow
the simple due process for the CUP system the council voted to enact based on the
facts presented.
Dated: By: -1
John Lima
Attachment B
Planning commission
Resolution No. 12-25
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.
8
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.
9. 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
9
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 Ctmml*ns 5 , F-Vto"50!.a. 6"[Lre" k' tAVA
NOES: Commissioners AJo"
ABSENT: Commissioners �)on (_
ABSTAIN: Commissioners pant'
Sandra Massa-Lavitt
Planning Commission Chairwoman
g He(stings
�fntr'M/Secretary of the Planning Commission
_!1
10
Attachment C
Planning Commission Minutes of
October 17, 2012/November 7, 201
City of Seal Beach - Planning Commission
October 17, 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 lead the Salute to the Flag.
ROLL CALL
Present: Chair Massa-Lavitt;
Commissioners: Cummings, Everson, Galbreath, Goldberg
Staff Present: Greg Hastings, Interim Director of Community Development
Jerry Olivera, Senior Planner
Steven Flower, Assistant City Attorney
Linda Devine, City Clerk
APPROVAL OF AGENDA
Cummings moved, second by Goldberg, to approve the agenda as presented.
AYES: Cummings, Everson, Galbreath, Goldberg, Massa-Lavitt
NOES: None Motion Carried
ORAL COMMUNICATIONS
Chair Massa-Lavitt opened oral communications. Speakers: Mike Buhbe,
Central Way, indicated that technology for parking control is available that can be
used for off street parking for vacation rentals. There being no other speakers,
Chair Massa-Lavitt declared oral communications closed.
CONSENT CALENDAR
1. Planning,Commission Meeting Minutes
Goldberg moved, second by Everson, to approve the minutes of Planning
Commission Meeting of October 3, 2012.
AYES: Cummings, Everson, Galbreath, Goldberg, Massa-Lavitt
NOES: None Motion Carried
SCHEDULED MATTERS
There were no matters for consideration at this time.
Page 2 — Planning Commission 10117112
PUBLIC HEARINGS
2. Conditional Use Permit 12-17 Property: 226 4th Street
Applicant: Brent Sears
Owners: Bob and Cathy West
Request For a Conditional Use Permit (CUP) to allow a second
floor, detached guest room to a nonconforming property
within the Residential High Density (RHD-20) zone at 226
4'h Street.
Recommendation: Approve CUP 12-17, subject to conditions.
Commissioner Goldberg recused himself from this item; his residence is within
500 feet of the subject property; and left the Council Chambers at 7:32 p.m.
The Senior Planner provided the staff report: An application for a CUP was
submitted to allow a guest room and an expansion to a non-conforming single-
family dwelling at 226 4 1h Street,
Chair Massa-Lavitt opened the public hearing. Speakers: Bob West, owner, was
present to answer any question and Brent Sears, the owner's architect, provided
the background of the request, stated that the owners have never used the
property as a rental property and will not be using it as a rental (used by family
members), and agreed to all the conditions of the CUP. There were no other
speakers. Chair Massa-Lavitt closed the public hearing.
After Commissioners received clarification; Everson moved, second by
Galbreath, to adopt Planning Commission Resolution No. 12-28 approving
Conditional Use Permit 12-17.
AYES: Cummings, Everson, Galbreath, Massa-Lavitt
NOES: None
ABSTAIN: Goldberg Motion Carried
The Assistant City Attorney advised that the approval of Conditional Use Permit
12-17 and adoption of Resolution No. 12-28 begins a 10-day appeal period to the
City Council. The Commission action tonight is final and the appeal period
begins tomorrow morning.
Commissioner Goldberg returned to the Council Chambers at 7:44 p.m.
3. Conditional Use Permit 12-20 Property: 1115 & 11151/2 Seal Wa
Applicant: Alexander Yoffe
Owner. Harold B. Rothman
Request: For a Conditional Use Permit (CUP) to allow a short-term
vacation rental property within the Residential High Density
(RHD-20) zone at 1115& 1115% Seal Way.
Page 3 - Planning Commission 10117/12
Recommendation: Due to an error with the radius map, this project will need
to be re-noticed for a future meeting,
The Senior Planner announced that Conditional Use Permit 12-20 has been re-
noticed and rescheduled for the November 7th Planning Commission meeting.
4. Conditional Use Permit 12-15 Property: 546 Ocean Avenue
Applicant: John Lima
Owner: Seal 546, LLD
Request For a Conditional Use Permit (CUP) to allow a short-term
vacation rental property within the Residential Low Density
(RLD-9) zone at 546 Ocean Avenue.
Recommendation: Approve CUP 12-15, subject to conditions.
The Senior Planner provided the staff report: The subject property is presently a
three-level, 5 bedroom, 3Y2 bathrooms, single-family dwelling with an attached
two-car garage with adequate space to park two additional cars within the
driveway area—existing vacation rental since 2010— conditions #6 (shall not rent
or lease less than 4 consecutive nights), #8 (maximum of 2 guests per bedroom),
and #23 (concerning noise and complaints) of Planning Commission Resolution
No. 12-25 were highlighted. Additional letters (5 in opposition and 1 in support)
were received and copies were placed at the dais for Planning Commissioners
and staff recommends approval subject to conditions.
Chair Massa-Lavitt opened the public hearing. Speakers: John Lima,
applicant/owner and partner in Seal 546, LLC, expressed that he was not in favor
of the CUP process but is willing comply and provided the background regarding
the activities at the residences. There were 11 speakers in opposition to the
approval of CUP 12-15 and 2 speakers that expressed their concerns. John
Lima responded to the concerns expressed by the speakers and further
questions by Commissioners. Chair Massa-Lavitt closed the public hearing.
Planning Commission concerns and comments:
Mixed use of property— private vs. short term rental;
• CUP only addresses the use as a short term rental of the property and not
for private use;
• Private use activities may be causing the neighbors' concerns;
Intense private use and determining when property is used as rental;
• How to notify the neighbors when it is used as short-term rental;
Condition #2 (not authorized to use as a rental venue for special events);
Can only determine if the conditions are enforced if the neighbors call the
police of any violations;
• Owners do not reside at property— can be seen as renters;
Intensive use by owners for fund raisers, private parties, and allowing
friends, family members, and business clients to stay at the property; and
Page 4— Planning Commission 10/17/12
This property is unique in the use and does not seem that the conditions
would work.
Everson moved, second by Cummings, directing staff to bring a resolution
denying CUP 12-15 with findings in support thereof based on the evidence
presented to the next Planning Commission meeting.
AYES: Cummings, Everson, Galbreath, Goldberg, Massa-Lavitt
NOES: None 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 12-15
and at that time the Planning Commission decision would be appealable to the
City Council.
With no objections Chair Massa-Lavitt called for a recess at 9:20 p.m. and
reconvened the meeting at 9:25 pm.
5. Zone Text Amendment 12-2— Residential Roof Decks {Citywide)
Request: For a Zone Text Amendment to amend certain sections of
Title 11 of the Seal Beach Municipal Code, regarding
Residential Roof Decks.
Recommendation: Adopt Resolution Number 12-26, recommending to the
City Council the approval of Zone Text Amendment 12-2
regarding Residential Roof Decks,
The Interim Director of Community Development provided the staff report: The
City Council directed the Planning Commission to develop criteria regulating
placement of items on residential roof decks — Planning Commission held 2
public hearings — before the Commission is a draft resolution to recommend to
the City Council the approval of Zone Text Amendment 12-2 adding language to
Section 11.2.05.0153 of the Municipal Code "Roof Decks. Roof Decks are allowed in
the residential districts pursuant to Table 11,2.05.015: Development Standards for Residential
Districts. Detached canopies are permitted on roof decks provided that canopies greater than
100 square feet in area are permitted only if they are collapsible, and maintained below the height
firnit when not in use. In addition, all required roof deck railings in accordance with the provisions
of the California Building Code shall not exceed the height limit provisions of Table 11.2.05.015.
The provisions of Section 11.2.05.015.1: Projections are not applicable to roof decks."
Chair Massa-Lavitt opened the public hearing. Speakers: Mike Buhbe, Central
Way, stated there needs to be a limit to the number of canopies allowed and that
detached canopies be weighted or tied down as to not blow off the roof deck and
cause harm or damage to any person below; Mark Loopesko, 7th Street, inquired
about the number of pop-ups allowed on the roof deck; and George Moreno,
Seal Beach, received clarification of"in-use" and their current canopy is 12x12 in
size. There were no further speakers — Chair Massa-Lavitt closed the public
hearing.
Page 5 - Planning Commission 10/17112
After Commission comments the resolution was amended to increase the size of
the detached canopies to 150 square feet, and it was determined further
language of intent is needed before a recommendation can be sent to the City
Council.
Massa-Lavitt moved, second by Cummings, to approve Zone Text Amendment
12-2 regarding residential roof decks with a statement of intent to be included
and amend to increase the size of the detached canopies to 150 square feet and
direct the Assistant City Attorney to bring back the revised language to the
Resolution No. 12-26 and place it on the next Planning Commission consent
calendar.
AYES: Cummings, Everson, Galbreath, Goldberg, Massa-Lavitt
NOES- None Motion Carried
DIRECTOR'S REPORT
The Interim Director stated that an appeal was submitted for the property on 413
Ocean (CUP 12-10 vacation/short-term rental) and will be on the November 13,
2012 City Council agenda; the public hearing on the ordinance prohibiting future
vacation/short-term rentals will be on the October 22, 2012 City Council agenda;
and the Senior Planner provided an update on up-coming Planning Commission
meetings.
COMMISSION CONCERNS
Commissioner Galbreath inquired about the progress of the Rite Aid store and
Chick-fil-A located at the Rossmoor Center.
ADJOURNMENT
With no objections, Chair Massa-Lavitt adjourned the Planning Commission
meeting at 10:00 p.m.
tat
'7 City Clerk
Approved:
Chair
I
Attest,
Cityberk'"t
City of Seal Beach - Planning Commission
November 7, 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 lead the Salute to the Flag.
ROLL CALL
Present: Chair Massa-Lavitt;
Commissioners: Cummings, Everson, Galbreath, Goldberg
Staff Present: Greg Hastings, Interim Director of Community Development
Jerry Olivera, Senior Planner
Steven Flower, Assistant City Attorney
Linda Devine, City Clerk
APPROVAL OF AGENDA
Commissioner Everson requested that the agenda be reordered to have item 7
be considered before item 6. With no objections, Chair Massa-Lavitt so ordered
the approval of the agenda as amended,
ORAL COMMUNICATIONS
Chair Massa-Lavitt opened oral communications. Speakers: Mike Buhbe,
Central Way, indicated the Triathlon special event was successful with minimal
impact on parking and expressed that summer rentals do have impacts on
parking in Old Town. There being no other speakers, Chair Massa-Lavitt
declared oral communications closed,
CONSENT CALENDAR
Cummings moved, second by Galbreath, to approve the recommended actions
on the consent calendar as presented except for item 3, pulled by Everson for
separate consideration.
AYES: Cummings, Everson, Galbreath, Goldberg, Massa-Lavitt
NOES: None Motion Carried
1. Approved the Planning Commission Meeting Minutes of October 17, 2012.
2. Received and filed the update of City Council action on Zone Text
Amendment No. 12-3 (Ordinance No. 1624 - establishment of new short-
term vacation rentals).
Page 2 - Planning Commission 11/07/12
ITEMS REMOVED FROM CONSENT CALENDAR
ITEM "3" / RESOLUTION NO. 12-25 / DENYING CONDITIONAL USE PERMIT
(CUP) 12-15
The Assistant City Attorney provided a brief background and clarification on the
findings in the resolution. Commissioners Everson and Goldberg recommended
the following amendments to the resolution: Section 3.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.-,.and
numbeF of PeME)R6 who may Fent the home at a given ti ; and Section 2.e.
The owners have had a business license for short term vacation rentals at the
property since December 2010. Ci^ T Section 2.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. Section 2.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 on-street parking impacts for full-time
residents.
Goldberg moved, second by Everson, to adopt as amended Resolution No. 12-
25 denying Conditional Use Permit 12-15 for a short term vacation rental at 546
Ocean Avenue, Seal Beach. (the public hearing was held on October 17, 2012)
AYES: Cummings, Everson, Galbreath, Goldberg, Massa-Lavitt
NOES: None Motion Carried
The Assistant City Attorney advised that the approval of Resolution No. 12-25
denying Conditional Use Permit 12-15 is the final decision of the Planning
Commission. There is a 10-day appeal period to the City Council and the appeal
period begins tomorrow morning.
SCHEDULED MATTERS
4. Zone Text Amendment 12-2 - Residential Roof Decks (Citywide)
The Interim Director of Community Development stated that Resolution No. 12-
26 was brought back at the request of the Planning Commission with the
recommended changes from the last meeting - Section 2.D. - increase the size
Page 3 - Planning Commission 11/07/12
from 100 square feet to 150 square feet; and include in the Municipal Code a
statement of intent to read as follows, "The purpose of this requirement is to
allow the placement of furniture, umbrellas, and other items on roof decks while
prohibiting the installation or maintenance of large canopies that would
unreasonably block light and views." Commissioner Goldberg recommended an
amendment to the statement of intent to address the creation of "mass" —
replacing the word "and" with "or" (block light and or views;) and adding the
language to the end of the statement "or increase the visual mass of the
residential structure."
Goldberg moved, second by Cummings, approving as amended Resolution No.
12-26 recommending that the City Council adopt an ordinance approving Zone
Text Amendment 12-2.
AYES: Cummings, Everson, Galbreath, Goldberg, Massa-Lavitt
NOES: None Motion Carried
PUBLIC HEARINGS
Commissioner Everson recused himself from agenda item "5" — Minor Use
Permit 12-5 and reordered agenda item "6" — Conditional Use Permit 12-21 due
to his residence being within 500 feet of both properties; and left the Council
Chambers at 7:54 p.m.
5. Minor Use Permit 12-5 Propertv: 213 15th Street
Applicants: Gerald and Melody Costello
Owner: Gerald A. Costello
Request: For a Minor Use Permit (MUP) to construct a 9 7'x2Q'solid
roof patio cover within an existing, nonconforming single-
family property.
Recommendation: Approve MUP 92-5, subject to conditions.
The Senior Planner provided the staff report: stating the subject property is a
non-conforming multi-family (duplex) property not a single-family property; the
request is for a solid roof patio cover; and staff recommends the approval subject
to conditions.
Chair Massa-Lavitt opened the public hearing. Speakers: Gerald and Melody
Costello, owner/applicant, provided the background on their request and their
contractor was present to provide the details of the structure. There were no
other speakers. Chair Massa-Lavitt closed the public hearing. The Planning
Commission received clarification from the owner and staff.
Cummings moved, second by Galbreath, to adopt Resolution No. 12-33
approving MUP 12-5 subject to conditions.
Page 4— Planning Commission 11/07/12
AYES: Cummings, Galbreath, Goldberg, Massa-Lavitt
NOES: None
ABSTAIN: Everson Motion Carried
The Assistant City Attorney advised that the approval of Resolution No. 12-33
approving Minor Use Permit 12-5 is the final decision of the Planning
Commission. There is a 10-day appeal period to the City Council and the appeal
period begins tomorrow morning.
6. Conditional Use Permit 12-21 Property: 24717th 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 24717"' Street.
Recommendation: Approve CUP 12-21, subject to conditions.
The Senior Planner provided the staff report: 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 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, provided background information regarding the CUP and
expressed their opposition to the condition about occupancy limits (recommends
stating "reasonable" instead of a specific number) and 'the inconsistency with no
limits if renting longer than 29 days, and have a back-up property manager.
There were 12 speakers stating opposition and no speakers were present to
voice support. Commissioner Goldberg requested a recess and asked if staff
would provide the Commission a map that shows the locations of the approved
vacation rentals. Chair Massa-Lavitt stated her concern regarding the police call
reports not being accurate.
Goldberg moved, second by Galbreath, to continue the public hearing to
December 5th meeting and direct staff to provide a map showing all the vacation
rentals that have been approved and those applications still not agendized.
AYES: Cummings, Galbreath, Goldberg, Massa-Lavitt
NOES: None
ABSTAIN: Everson Motion Carried
With no objections, Chair Massa-Lavitt called for a recess at 9:10 p.m. and
reconvened the meeting at 9:20 p.m. Commissioner Everson returned to the City
Council Chambers.
Page 5 - Planning Commission 11107/12
7. Conditional Use Permit 12-20 Property: 1115 & 1115% Seal Way
Applicant., Alexander Yoffe
Owners, Harold B. Rothman
Request. For a Conditional Use Permit (CUP) to allow a short-term
vacation rental property within the Residential High Density
(RHD-20)zone at 1115 and 11 95Y2 Seal Way.
Recommendation: Approve CUP 12-20, subject to conditions.
The Senior Planner provided the staff report: The subject property is legal non-
conforming duplex property; both units consist of 3 bedrooms; one letter of
opposition was submitted; and staff recommends approval subject to conditions.
Chair Massa-Lavitt opened the public hearing. Speakers: Alexander Yoffe,
applicant, was present to provide the background information on behalf of the
property owner and ensured the Commission that there is a full staff of people
that deal with this property. There were 5 speakers in opposition and no
speakers in favor of the CUP. Planning Commission received clarification from
the applicant.
Cummings moved, second by Everson, to continue the public hearing to
December 5th.
AYES: Cummings, Everson, Galbreath, Goldberg, Massa-Lavitt
NOES: None Motion Carried
8. Conditional Use Permit 12-22 Property: 1310 & 1310% Ocean Ave
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 1310 and 9390Y2 Ocean Avenue.
Recommendation: Approve CUP 12-22, subject to conditions.
The Senior Planner provided the staff report: The subject property is legal non-
conforming single story duplex dwelling (2 units on the lot both have one
bedroom and one bathroom and a shared outdoor patio); detached 2 car garage
with off street space in the rear alley; and staff recommends approval subject to
conditions. Chair Massa-Lavitt opened the public hearing. Speakers: No
speakers at this time.
Cummings moved, second by Goldberg, to continue the public hearing to
December 5th.
AYES: Cummings, Everson, Galbreath, Goldberg, Massa-Lavitt
NOES: None Motion Carried
Page 6— Planning Commission 11107/12
9. Conditional Use Permit 12-18 Property: 128 Stn Street
Applicant: Pamela Edson
Owner: Pamela Edson
Request For a Conditional Use Permit (CUP) to allow a short-term
vacation rental property within the Residential High Density
(RHD-20) zone at 128 Er Street.
Recommendation: Continue to Planning Commission meeting of December 5,
2012.
The Senior Planner announced that Conditional Use Permit 12-18 needs to be
continued. Goldberg moved, second by Galbreath, to continue the public hearing
to December 5 th
AYES: Cummings, Everson, Galbreath, Goldberg, Massa-Lavitt
NOES: None Motion Carried
DIRECTOR'S REPORT
The Interim Director indicated that the Commission has received copies of the
2013 calendar of Commission Meeting dates for their review and stated that
there are applications for this year pending for Commission consideration. With
no objections, Chair Massa-Lavitt so ordered that the Planning Commission
schedule to meet on Wednesday, December 1 9th to consider the pending
applications/items. The new Director of Community Development is Jim Basham
and he will start December 3d and the job description for an Assistant Planner
will be going for Council approval.
COMMISSION CONCERNS
Commissioner Goldberg inquired if the Commission can have a special meeting
other than on a Wednesday in order to hear the outstanding CUP applications —
changing the dates can be problematic for staff, noticing, and residents. Chair
Massa-Lavitt and Commissioners thanked and commended Greg Hastings,
Interim Director, for an outstanding job as an interim.
ADJOURNMENT
With no objections, Chair Massa-Lavitt adjourned the Planning Commission
meeting at 10:04 p.m. b
City Clerk
ti
Approved:
Chair
Attest:
City Clerk
Attachment D
Planning Commission Staff Report
Dated October 17, 2012
Staff Memorandum
Gated November 7, 2012
October 17, 2012
STAFF REPORT
To: Honorable Chairwoman and Planning Commission
From: Department of Community Development
Subject: Conditional Use Permit 12-15
546 Ocean Avenue
GENERAL DESCRIPTION
Applicant: JOHN LIMA
Owner: SEAL 546, LLC
Location: 546 OCEAN AVENUE
Classification of RLD-9(RESIDENTIAL Low DENSITY)
Property:
Request: FOR A CONDITIONAL USE PERMIT (CUP) TO ALLOW A SHORT-
TERM VACATION RENTAL PROPERTY WITHIN THE RESIDENTIAL
Low DENSITY(RLD-9)ZONE.
Environmental Review: THE PROPOSED PROJECT IS CATEGORICALLY EXEMPT FROM
ENVIRONMENTAL REVIEW, PURSUANT TO CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES,
SECTION 15303, NEW CONSTRUCTION OR CONVERSION OF
SMALL STRUCTURES; AND SECTION 15305, MINOR
ALTERATIONS IN LAND USE LIMITATIONS.
Code Sections: CHAPTERS 11.2.05; 11.4.05.135; AND 11.5.20 OF THE SEAL
BEACH MUNICIPAL CODE
Recommendation:, APPROVE CUP 12-15, SUBJECT TO CONDITIONS. APPROVAL
SHOULD BE THROUGH THE ADOPTION OF PLANNING
COMMISSION RESOLUTION No. 12-25.
Z:\Conditional Use PermitskCUP 12-15 546 Ocean Avenue(Vacation Rental)\CUP 12-15 546 Ocean Avenue PC Staff Report.doc
Planning Commission Staff Report
Conditional Use Permit 12-15
546 Ocean Avenue
October 17, 2012
FACTS
❑ On July 10, 2012, John Lima ("the applicant") filed an application with the
Department of Community Development for Conditional Use Permit 12-15 for a
short-term vacation rental property at 546 Ocean Avenue.
❑ The Municipal Code allows short-term vacation rentals within the RLD-9 zone,
subject to conditional use permit approval.
❑ In May 2012, the City Council passed an Interim Ordinance amending the terms
and conditions of operation for all new and existing short-term vacation rental
properties within the City.
❑ The subject property is described as Orange County assessor's parcel # 199-
115-07; is 30'-0" x 196'-0" in size; and comprises 5,880 square feet in area.
❑ The surrounding land use 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.
❑ The subject property is presently developed with a three-level, five bedroom
single-family dwelling with an attached two-car garage and adequate space to
park two additional cars within the driveway area.
❑ The subject property was issued a business license to operate as a vacation
rental in December 2010.
❑ Since being granted a City business license for a short-term vacation rental
property in 2010, the subject property has had one police call for service
(disturbing the peace) in September 2012.
❑ As of October 11, 2012, Staff has received one email and one letter from an
adjacent resident, in response to the hearing notices that were mailed out and
published for the proposed project.
2
Planning Commission Staff Report
Conditional Use Permit 12-15
546 Ocean Avenue
October 17, 2012
BACKGROUND
Vacation rentals are rather common in Southern California beach communities, as they
often provide an economical lodging alternative for families or larger groups of people,
and generally provide options such as kitchens, recreation areas, and convenient
vehicle parking, amenities that are often not provided with traditional hotel or motel
accommodations.
There are presently twenty-three licensed vacation rental properties within the City.
Sixteen of these vacation rental properties are located on the streets closest to the
beach — Ocean Avenue and Seal Way. All existing, licensed vacation rental properties
began operating as vacation rentals prior to the adoption of Title 11, the Zoning Code.
Prior to the adoption of Title 11, the City had no CUP requirement for vacation rentals;
only the requirement for a business license and payment of Transient Occupancy Tax
("TOT") for the rental property. Thus, there was previously no mechanism in the Zoning
Code to conditionally approve or deny such requests, so long as the property owner
applied for a business license and registered to pay TOT.
Staff has historically received occasional complaints regarding the operation of some
existing vacation rentals in the City and recognized that the proliferation of unregulated
vacation rental properties could potentially undermine the residential character of the
City's neighborhoods. Some of the potential problems created by vacation rentals are
the noise, traffic, parking, and other negative impacts that short term occupancy can
have on neighboring residential uses. During the process of adopting Title 11, it was
therefore proposed that new vacation rentals be conditionally permitted uses within
residential zones, The City Council approved this requirement as part of the October
25, 2010 adoption of current provisions of Title 11, which became effective in January
2011. At that time, Title 11 allowed previously existing, licensed vacation rentals to
continue operating without a CUP as legal, nonconforming uses provided they
maintained the appropriate business license.
As a result of ongoing concerns and issues with some of the licensed and
grandfathered vacation rental properties within the City, in May 2012, the City Council
adopted an interim ordinance that eliminated the 'g randfathe ring' provision for those
existing vacation rental properties that were previously grandfathered and required that
all existing licensed vacation rental properties be required to obtain a CUP. This
specific application is to allow an existing (previously 'grandfathered') short-term
vacation rental property (renting for periods less than 30 days) within an existing, single-
family dwelling at 546 Ocean Avenue.
3
Planning Commission Staff Report
Conditional Use Permit 12-15
546 Ocean Avenue
October 17, 2012
DISCUSSION
The purpose of requiring a CUP for a particular use is to allow for special consideration
to ensure that the use can be designed, located, and operated in a manner that will be
compatible with surrounding uses and not interfere with the use 'and enjoyment of
properties in the vicinity.
Pursuant to the requirements of the Municipal Code, the Planning Commission can only
approve a CUP if it finds, based upon evidence presented at the hearing, that the
proposal as submitted, or as modified, conforms to all of the following criteria as well as
to any other special findings required for approval of use permits in specific zoning
districts:
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.
When the City Council passed Ordinance No. 1619-U in May 2012, specific regulations
for short-term vacation rental properties that.were previously enumerated within Title
11, were amended to include additional requirements such as: Prohibiting vacation
rental properties outside of the Old Town area (Planning Area 1 excepting Surfside);
check-in and check-out times; certain lease terms; the requirement of an on-site
manager for vacation rental properties in excess of two units; etc.
Based on the site plan and floor plan submitted by the applicant, staff recommends that
occupancy be limited to not more than two guests per bedroom, for a total of ten
overnight guests on the premises. The house is comprised of five bedrooms, three and
one half bathrooms, a two-car garage, and room for an additional two off-street parking
spaces in the driveway. Staff is recommending that the garage be kept free and clear
of any obstructions that would prevent the occupants' automobiles from utilizing the
4
Planning Commission Staff Report
Conditional Use Permit 12-15
546 Ocean Avenue
October 17, 2012
garage for parking at all times. While there has been one recent police call for service
pertaining to noise, as well as a claim by an adjacent neighbor that an unauthorized
special event recently took place at the property, staff believes that a CLIP for the
subject request will now give the City a mechanism to enforce conditions, up to and
including possible revocation of the CUP, should the applicant or tenants fail to abide
by the conditions imposed. Staff has no reason to believe that, if the property owner
and potential vacation rental tenants abide by all City laws, ordinances, and regulations,
the establishment of a vacation rental property at this location would not be compatible
with the existing development pattern and uses of the surrounding neighborhood.
Based on the foregoing, staff believes that the requisite findings for approving a CUP
can be made in this case.
1. The proposal is consistent with the General Plan and Zoning Code, as
they allow the proposed use (short-term vacation rental) subject to
approval of a Conditional Use Permit. The conditions placed on the
subject request will ensure that the use is not likely to create adverse
noise and other land use impacts.
2. 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, because conditions placed on the subject request will
limit the number of guests staying on the premises, set specific quiet
hours, and mitigate other potential land use impacts that may be created
by short term occupancy.
3. The location, size, design, and operating characteristics of the proposed
use would be compatible with and would not adversely affect uses and
properties in the surrounding neighborhood because of the conditions
placed on its operation.,
4. 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.
RECOMMENDATION: I
Staff recommends the Planning Commission, after considering all relevant testimony,
written and oral, presented during the public hearing, approve Conditional Use Permit
12-15, subject to conditions as proposed and as may, be amended by the Planning
Commission.
Staff's recommendation is based upon the belief that positive findings can be made for
all findings of approval as required by applicable sections of the Zoning Code.
5
Planning Commission Staff Report
Conditional Use Permit 12-15
546 Ocean Avenue
October 17, 2012
For: October 17, 2012
J�4e"-'qq Mliv(erg, AICP
14 ior-illanner, Department of Community Development
CS
Attachments:(4)
Attachment 1: Resolution No. 12-25, A Resolution of the Planning Commission
of the City of Seal Beach, approving Conditional Use Permit 12-
15, for the establishment of a short-term vacation rental
property, within the Residential Low Density (RLD-9) zone at
546 Ocean Avenue, Seal Beach.
Attachment 2: Interim Ordinance Number 1619-U regarding short-term
vacation rental properties.
Attachment 3: Email and letter received from adjacent neighbor regarding the
property at 546 Ocean Avenue.
Attachment 4: Project Plans
Planning Commission Staff Report
Conditional Use Permit 12-95
548 Ocean Avenue
October 97, 2012
ATTACHMENT 1
RESOLUTION NUMBER 12-25, A RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY
OF SEAL BEACH APPROVING CONDITIONAL
USE PERMIT 12-15, FOR THE ESTABLISHMENT
OF A SHORT-TERM VACATION RENTAL
PROPERTY, WITHIN THE RESIDENTIAL LOW
DENSITY (RLD-9) ZONE AT 546 OCEAN
AVENUE, SEAL BEACH.
7
Planning Commission Staff Report
Conditional Use Permit 12-15
546 Ocean Avenue
October 17, 2012
RESOLUTION NUMBER 12-25
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
APPROVING CONDITIONAL USE PERMIT 12-15,
TO ALLOW A SHORT-TERM VACATION RENTAL
PROPERTY, WITHIN THE RESIDENTIAL LOW
DENSITY (RLD-9) ZONE 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") filed an application
for Conditional Use Permit (CUP) 12-15 with the Department of Community
Development.
Section 2. The applicant is requesting a CUP for the operation of a short-term
vacation rental property within the Residential Low Density (RLD-9) zone at 546 Ocean
Avenue.
Section 3. Pursuant to Title 14 Calif. Code of Regs. § 15303 and § 15305,
staff has determined as follows: The application for Conditional Use Permit 12-15 for
the requested land use entitlement for a proposed short-term vacation rental property is
categorically exempt from review pursuant to the California Environmental Quality Act.
Section 4. 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 written and oral
evidence on the proposed project.
Section 5. The record of the public hearing of October 17, 2012 indicates the
following:
a. On July 10, 2012, the applicant filed an application for Conditional Use
Permit 12-15 with the Department of Community Development.
b. The applicant is requesting approval to operate a short-term vacation
rental property within the Residential Low Density (RLD-9) zone at 546 Ocean Avenue.
0
Planning Commission Staff Report
Conditional Use Permit 12-15
546 Ocean Avenue
October 17, 2012
C. In May 2012, the City Council passed an Interim Ordinance amending
the terms and conditions of operations for all new and existing short-term vacation
rental properties within the City.
d. The subject property is located within the area commonly known as "Gold
Coast".
e- The subject property is described as Orange County assessor's parcel #
199-115-07; is 30'-0" x 196'-0" in size; and comprises 5,880 square feet in area.
f. Surrounding land uses and zoning are as follows:
NORTH: Single and multi-family residences within the
Residential High Density (RHD-20) zone.
SOUTH: Public beach; Pacific Ocean.
WEST: Single-family residences within the Residential Low
Density (RLD-9) zone.
EAST: Single-family residences within the Residential Low
Density (RLD-9) zone.
9- As of October 11, 2012, Staff has received one email and one letter from
an adjacent resident, in response to the public hearing notices that were mailed and
published for the proposed project.
Section 6. Based upon the facts contained in the record, including those
stated in §5 of this resolution and pursuant to Chapters 11.2.05; 11.4.05.135; and
11.5.20 of the Code of the City of Seal Beach, the Planning Commission makes the
following findings:
a. CUP 12-15, as conditioned, is consistent with the provisions of the Land
Use Element of the City's General Plan, which provides a Low Density
Residential designation for the subject property;
b. Conditional Use Permit 12-15 is also consistent with the remaining
elements of the City's General Plan, as the policies of those elements are
consistent with, and reflected in, the Land Use Element;
C. The proposed use is permitted within the applicable zoning district,
subject to the approval of a Conditional Use Permit, and as proposed to
be conditioned, will comply with all other applicable provisions of the
Municipal Code;
9
Planning Commission Staff Report
Conditional Use Permit 12-15
546 Ocean Avenue
October 17, 2012
d The project site is physically adequate for the type, density, and intensity
of use being proposed, including the provision of services and the
absence of physical constraints;
e. 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;
f. 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 7. Based upon the foregoing, the Planning Commission hereby
approves Conditional Use Permit 12-15, subject to the following conditions:
I Conditional Use Permit 12-15 is approved for the operation of a short-term
vacation rental within the Residential Low Density (RLD-9) zone at 546 Ocean
Avenue.
2. This Conditional Use Permit does not authorize the property for use as a venue
for special events or gatherings for occasions such as weddings, anniversaries,
parties, or similar type functions.
3. The applicant shall hereby comply with all requirements enumerated within
Interim Ordinance Number 1619-U (for as long as this ordinance is in effect or is
superseded by a subsequent ordinance) as well as all requirements of Section
11.4.05.135 of the Sea] Beach Municipal Code, regarding short-term vacation
rental properties.
4. The property owner must maintain a business license while operating a short-
term vacation rental at the subject premises.
5. The property owner must continue to file the Transient Occupancy Tax
Remittance form with the City's Department of Finance as long as a vacation
rental is operated on the premises and shall pay the Transient Occupancy Tax in
accordance with the Seal Beach Municipal Code.
6. The property owner shall not rent or lease the property for periods of less than
four (4) consecutive nights.
7. Visitor occupancy shall be limited to a maximum stay of 29 consecutive days.
8. There shall be no more than a total of two overnight guests per bedroom on the
property, for a maximum occupancy of ten (10) total overnight guests.
in
Planning Commission Staff Report
Conditional Use Permit 12-15
546 Ocean Avenue
October 17, 2012
9. The property owner shall implement and conform to fire and life safety
requirements, as required by the Orange County Fire Authority and the City's
Building Division.
10. The property owner shall comply with the annual fire and life safety certification
procedures of the Orange County Fire Authority.
11. First-day arrival at a vacation rental is prohibited after 9:30 p.m. All lease or
rental agreements must include this prohibition.
12. The two car garage and two car driveway shall remain free and clear of any and
all obstructions that may preclude occupants from utilizing the garage and
driveway spaces for parking and shall remain available for any occupants to use
for parking vehicle.
13. Occupants must vacate the unit before noon on their final day of tenancy.
14. Prior to occupancy of a short-term vacation rental unit, the owner shall: a.)
Obtain the name, address, and a copy of a valid government identification of the
primary adult occupant of the short-term vacation rental; b.) Require the primary
adult occupant to execute a formal acknowledgment that he or she is legally
responsible for compliance with all applicable laws, rules, and regulations
pertaining to the use and occupancy of the short-term vacation rental by all
occupants of the short-term vacation rental or their guests. The
acknowledgment must include the text of Section of 7.45.010 of the Sea] Beach
Municipal Code. This information and acknowledgment shall be maintained by
the property owner for a period of three years and shall be readily available upon
request of any police officer or authorized employee of the City.
15. Trash and refuse must not be left stored within the public view, except in proper
containers for the purpose of collection by the City's authorized waste hauler on
scheduled trash collection days. The owner or property manager must provide
sufficient trash collection containers and service to meet the demand of the
occupants.
16. Each new lease or rental agreement for a short-term vacation rental must have a
copy of these Permit and Operational Requirements attached to it and must
include the following terms, notifications, and disclosures, which shall be posted
in a conspicuous location inside the unit:
a. The trash pick-up day and applicable rules and regulations pertaining to
leaving or storing trash or refuse on the exterior of the property.
b. Notification that the occupant may be cited or fined by the City for any
violation of any provision of the Municipal Code, including but not limited
to amplified sound, including radios, televisions, and other electronic
II
Planning Commission Staff Report
Conditional Use Permit 12-15
546 Ocean Avenue
October 17, 2012
devices, that create a disturbance in violation of Chapter 7.45 of the Seal
Beach Municipal Code.
c. Notification that the occupant participate in neighborhood quiet hours by
avoiding loud activity between the hours of 10:00 p.m. and 7:00 a.m.
d. The name of the owner or property manager and a telephone number at
which that party may be reached at all times.
17. The property owner or manager must provide the City with a phone number at
which he or she can be contacted on a 24-hour basis regarding nuisance
complaints arising from the use of the property as a short-term vacation rental.
The property owner or manager must also provide the owners of the immediately
adjacent properties with this phone number as well as a copy of this resolution.
18. A list shall be posted on the inside wall next to the door of the main entrance to
the vacation rental unit indicating the names of all guests and visitors authorized
by the property owners to Occupy or visit the unit. The list shall be made
accessible to any law enforcement official to ascertain who is authorized to be
within the premises.
19. Upon any change in ownership of the property, the new property owner(s) are
subject to all conditions listed under CUP 12-15, unless the new property
owner(s) elect to discontinue the use of the property as a short-term vacation
rental. The new property owner(s) shall notify the City of Seal Beach of the
ownership change and whether or not they are electing to continue the use as a
short-term vacation rental.
20. No trash disposal activities may Occur between the hours of 10:00 P.M. and 7:00
A.M.
21. No business signage shall be allowed on the premises for the short-term
vacation rental use.
22. The occupants of the property shall comply with Chapter 7.15, "Noise" of the gity
of Seal Beach Municipal Code, as the regulations of that Chapter now exist or
may hereafter be amended. Should complaints be received regarding noise
generated by the establishment, the Planning Commission reserves the right to
schedule this permit for reconsideration and may require the applicant/business
operator to mitigate the noise level to comply with the provisions of Chapter 7.15.
23. Upon receiving any combination of three (3) substantiated complaints from three
(3) different residences within 300 feet of the subject property within one (1)
calendar year concerning noise or other neighborhood disturbance, or at the
discretion of the Director of Community Development or the Planning
Commission, the Planning Commission shall review the subject short-term
Planning Commission Staff Report
Conditional Use Permit 12-15
546 Ocean Avenue
October 17, 2012
vacation rental property at a noticed public hearing conducted in accordance with
the procedures outlined in Chapter 11.5.10 of the Zoning Code.
24. If there are substantial adverse impacts on Police Department services and/or in
the event that the Police Chief or designee determines that a significant increase
in police service has resulted due to the operations of the establishment, the
Police Chief or designee at any time may request a public hearing before the
Planning Commission to modify any of the conditions of approval, up to and
including the revocation of this Conditional Use Permit.
25. A modification of this Conditional Use Permit shall be applied for when:
a. The property proposes to modify any of its current Conditions of Approval.
b. There is a substantial change in the mode or character of operations of
the establishment, or a change in the number of bedrooms or significant
change to the interior space layout of the unit.
26. This Conditional Use Permit shall become null and void unless exercised within 1
year of the date of final approval, or such extension of time as may be granted
by the Planning Commission pursuant to a written request for extension
submitted to the Department of Community Development a minimum of 90 days
prior to such expiration date.
27. This Conditional Use Permit shall not become effective for any purpose
unless/until a City "Acceptance of Conditions" form has been signed by the
applicant in the presence of the Director of Community Development, or
notarized and returned to the Planning Division; and until the 10 calendar-day
appeal period has elapsed.
28. The applicant shall indemnify, defend and hold harmless City, its officers, agents
and employees (collectively "the City" hereinafter) from any and all claims and
losses whatsoever occurring or resulting to any and all persons, firms, or
corporations furnishing or supplying work, services, materials, or supplies in
connection with the performance of the use permitted hereby or the exercise of
the rights granted herein, and any and all claims, lawsuits or actions arising from
the granting of or the exercise of the rights permitted by this Conditional Use
Permit, and from any and all claims and losses occurring or resulting to any
person, firm, corporation or property for damage, injury or death arising out of or
connected with the performance of the use permitted hereby. Applicant's
obligation to indemnify, defend and hold harmless the City as stated herein shall
include, but not be limited to, paying all fees and costs incurred by legal counsel
of the City's choice in representing the City in connection with any such claims,
losses, lawsuits or actions, expert witness fees, and any award of damages,
judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action.
29. F'ailure.to comply with any of the aforementioned conditions may result in the
revocation of this Conditional Use Permit.
13
Planning Commission Staff Report
Conditional Use Permit 12-15
546 Ocean Avenue
October 17, 2012
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City
of Seal Beach at a meeting thereof held on the day of
2012, by the following vote:
AYES:
Commissioners
ABSTAIN:
Commissioners
ABSENT:
Commissioners
Sandra Massa-Lavitt
Chairwoman of the Planning Commission
Greg Hastings
Interim Secretary of the Planning Commission
S At
'��+tr� R 27,1g�RL�`cd
Department of Community Development
MEMORANDUM
To: Planning Commission
From: Jerry Olivera, AICP — Senior Planner
Date: November 7, 2012
Re: CUP 12-15 — 546 Ocean Avenue
At the regular Planning Commission meeting of October 17, 2012, the Planning
Commission voted to deny the application for CUP 12-15. Since staff did not have a
Resolution for Denial prepared at the meeting of October 17, staff is now bringing the
appropriate resolution before the Commission for their review and approval and the
resolution is attached hereto.
Attachment E
Seal Beach Police Department
Call for Service Report
Seat Beach Police Department
. Calls For Service Report
Generated by=on 1/1512013
�S?�[ City: SB Agency: F,P(Address: 546 OCEAN AV
xncidlant Da#e Tine Type alx #In�t bispa L'ocauon'
.,�:H...... �. _..
BS60023"7 P 10110108 03.51:00 ADA 4155 123 CHKS 548 OCEAN AV
LLENART 10/10108 03:51:00 INCIDENT NUMBER:8SB0023447
LLENART 10/10106 03:51:00 SUBJS ON THE BEACH LIGHTING THINGS ON FIRE AND TAKING PICTURES,
OCFA FIELD PD ASSISTANCE
BFRITZ 10/10108 0156:47 OBS ON 8.9 SUBJ AT THE WATER LINE IN A CIRCLE CHANTING
BFRITZ 10/10/08 04:05:45 CODE 4 AND OCFA CAN T22
BFRITZ 10110/08 04:17:20 REMOVED SUBJ'S FROM BEACH AND WILL BE CLERING THE BEACH LOT
BFRITZ 10110108 04:19:13 SOME OF THE SUBJ'S ARE WALKING DOWN 10TH ST
BFRITZ 10110108 04:25:15 CLOSED DISPO;CHECKS C4
OSB0000945 P 01/12110 17:44.06 COU COUNSELING 123 RPT 546 OCEAN AV
MEWINTERS 01/12/10 18:28:.566 . CASE NUMBER= CR-IG-100000111(SB)
JCASTILLO 01112110 17:44;06 INCIDENT NUMBER:0SB0000945
JCASTILLO 01112110 17:44:06 IN THE RPS BACKYARD NEXT TO THE POOL.,MALE SUBJ SET UP CAMP
AND IS LIVING IN HIS BACKYARD.,SUBJ IS NOT 1097 AT THIS TIME..STS
THERE IS PAPER WORK AND BLANKETS AND A TENT
MEWINTERS 01/12/10 17:49:56 1S2 ADV
MEWINTERS 01/12/10 18:35:23 CLOSED DISPO:REPORT TAKEN
MEWINTERS 01112110 18:35:23 602 RPT TAKEN
MEWINTERS 01112110 18:36:44 SUSP
0SS0001038 P 01113110 20:22:10 PC PATROL CHECK 123 CHKS 548 OCEAN AV
TYAK 011131t0 20:22:11 INCIDENT NUMBER:0580001038
TYAK 01/13/10 2016.54 CLOSED DISPO:CHECKS C4
OSB0003990 P 02116110 11:20:48 TRANS TRANSIENT :111 LOG 548 OCEAN AV
/AUSTIN 02118110 11:20:48 INCIDENT NUMBER:0S80003990
CAUSTIN 02118110 1110:48 TRANSIENT SLEEPING AT 546 AND 403 OCEAN»BOTH RE'S UNDER
CONSTRUCTION, CONTRACTORAT$46 OCEAN WITH ALL OF THE
TRANSIENTS BELONGS AND WOULD LIKE CTC.THE TRANS MOVED ON
FOR RIGHT NOW AND IS NOT AT THE LOCATION-BUT ONGOING
PROBLEM WITH THE SAME SUBJ
KMOEN 02/18t10 11:21:35 NUA 10=6 INCIDENT NUMBER:QS80003989
KMOEN 02/18110 11:34:43 961 PRIOR
KMOEN 02118110 11:54:58 `"•'••'•XPC'S REQUESTED 546&430 OCEAN
KMOEN 02118110 11:56:56 CLOSED DISPO:LOG ENTRY
2SO0021054 P 09124112 22:06:32 4158 DISTURB SUBJS 207 PAWL 540 OCEAN AV
MEWINTERS 09124112 22:06:32 INCIDENT NUMBER:2SBW21054
MEWINTERS 09124112 22:06:32 SUBJS TO THE REAR OF THE RES IN THE SAND SITTING AROUND THE
FIREPIT TALKING AND BEING LOUD. ONGOING PROBLEM.
MEWINTERS, 09124/12 22:06:55 RP IS NOT REQ CTC
MEZROJ 09124/12 22:16:14 SUBJECT CONTACTED THRU INTERCOM AT FRONT DOOR.ADVISED ON
NOISE LEVEL.SUBJECTS IN YARD ENTERED HOUSE,NOISE ENDED.
MEZROJ 09/14112 22:16:18 Closed dispn!PARTY ADVIWILL CMPLY
Page 1 of 1
Attachment F
Aerial Map - 546 Ocean Avenue
•�',� � • soy � �
Ar
•r - b,. Th
Attachment G
Written Correspondence
SEAI I"
P
Department • Community Development
V
21
MEMORANDUM
To: Planning Commission
From: Jerry Olivera, AlCP — Senior Planne),
Date: October 17, 2012
Re: CUP 12-15 — 546 Ocean Avenue
Attached are five letters in opposition and one letter in support of CUP 12-15 at 546
Ocean Avenue. These letters were received by staff after agenda packets were
distributed last Friday.
Jerry Olivera
From:
Sent: Wednesday, October 17, 2012 4:26 PM
To: Jerry Olivera
Cc: ow
Subject: In support of CUP for 546 Ocean Avenue
To Planning Board Members:
I am writing in favor of 546 Ocean Avenue being approved for a Conditional Use Permit for a Vacation Rental.Clearly
there are strong feelings held by a strong contengent of Seal Beach residents against having vacation rentals in Seal
Beach.This is to be heard and respected. Likewise there are residents and property owners who are equally to be heard
and respected who have reasons if not rights to rent their property. Since regulating vacation rentals is a new formal
movement within the city, it is hasty to condemn all vacation rental owners for problems we have had with vacation
rentals. It seems prudent to grant this property owner a CUP as we establish policies and guidelines to improve the
management of vacation rentals in Seal Beach. In this country we are innocent until proven guilty. The owners of 546
Ocean Avenue, deserve to be given a chance to follow guidelines and demonstrate that they are responsible owners. If
they fail to do this, then it is time to take action to revoke the CUP.
Further, a "vacation rental" is defined as renting to someone for 29 days or less. This"vacation rental" may be available to
people who are residents of Seal Beach who are renovating their home and prefer renting a home in Seal Beach rather
than staying in a hotel. A"vacation rental"could be rented to someone who is looking for a job, relocating, in the process
of separating in a marriage, visiting relatives who live in Seal Beach. Not allowing rental of property for less than 30 days,
limits availability to people who may not be vacationing but who prefer a home to a hotel.
We are involved in a process of improving our community. Please vote for the owners of 546 Ocean Avenue to obtain a
CUP.This is fair and allows all residents and property owners a voice in the development of a plan related to "vacation
rentals" in Seal Beach.
Respectfully,
Lenore Schwankovsky
413 Ocean Avenue
1
Greg Hastings
From: Steve Smith
Sent: VVednesday, October 17, 20I3 10:46 AM
To: Greg Hastings
Subject: S4G Ocean Ave CUP Request
Dear Planning Commission K8cmbaro,
KAy name is Steve Smith and | live et520 Ocean which |e two houses from 540Ocean.
| am opposed io you approving the CUP request. |dn not believe that a short term rental ina residential neighborhood is
appropriate for Seal Beach. |n this case you are being asked to approve arequest for o Limited Liability Company ba
operate what is basically a hotel with an open bar with live and recorded music which in many cases allows as many as
2OO people there ot one time. There is no curfew,no 2am bar closing and no security so it is actually worse than a
hotel. There have been many instances where we were unable to sleep as parties lasted until 3 in the morning,
When people pay$9,000.00 a week they want to get their money's worth and that usually includes inviting your friends
over toparty. There is no connection to the neighborhood and no reason to be considerate of the neighbors. This has
certainly been the case oi54OOcean,
VVe love Seal Beach and have always supported the businesses, taken part in many nf the festivities and donated ho
many important causes. VVe just assumed that Seal Beach would always take care and protect their fu||Mrne residents by
at least keeping residential neighborhoods residential.
One last disturbing issue have ia that on or before Oct. 11th. the Planning Commission Staff wrote that "after
considering all ny|evaOtiesd|Qnony.vvritten and oral, presented during the public hearing"they recommend approval. |
thought the public hearing was tonight Oct 17that7:3Opm. You should ot least pretend that written and oral testimony
from citizens matter.
|f you grant this CUP it probably only affects 20to3Oresidences. Each individual request, wherever it is, will only affect
20-30 residences. The good new for you is that you will never have 50 or more people showing up to complain about any
of the CUP requests.
|t still doesn't make itright.
Thank you all for reading thia(| hope)
Steve and Mary Smith\---fu||timeresidents
1
Snort term renitus—opposeu
From: sudocop -- .
To:sealbeachdistrictl <sealbeachdistrict1@grnaiI.com>;sloandistrict2<sloandistrict2@verizon.net>;gorsha
<gorsha@aol.com>; miller.sb=4<mi11er.sbco4@earthIink.net>; mike4gail<mike4gail@yahoo.com>;
eversondavid<eversondavid@tmai1.com>;cummingse<curnmingse@hotrnail.corn>: rgoldberg
<rgoldberg@five.com>;jkg5150<jkg5150@aol.com>; massalavit<massalavit@aolcorn>
Subject: Short term rentals—opposed
Date: Tue, Oct 16,2012 3:33 pm
Dear Council and Commission Members,
My wife and I have lived at 500 Ocean since 1977.
We are opposed to the requests for CUP's for short term rentals.
The area Is a perfect example of a single family residence neighborhood and we want it to remain that way.
Short term rentals would change the character of our neighborhood.
Thank you for considering our point of view.
Sincerely,
Warren R.Schulten
Vonnie Ann Schulten
500 Ocean Ave.
Seal Beach, CA
90740
562-431-2020
http://mail,aol.com/37096-11 I/aol-6/en-us/mail/PrintMessage.aspx 10/16/2012
RECEIVED
OCT t 5 2012
CITY CLERK
CITY OF SEAL BEACH
City Council and Planning Commission
Dear Members,
Vacation and other short term rentals of private residences have been an issue in
Seal Beach recently.
Our Building Committee met on 10-12-12 and we have voted against any rentals
of this nature.
Paragraph three of the agreement states that: "No noxious or offensive trade or
activity shall be carried on or upon any parcel, nor shall anything be done there
upon which may be, or may become, an annoyance or nuisance to the
neighborhood, or which shall in any way interfere with the quiet enjoyment of
each of the owners of his respective parcel."
It is our view that when residential neighborhoods are zoned for residential use
then any commercial use is definitely prohibited.
Thank you for your consideration regarding this matter.
J mes W. Dunirtr.'
Warren R. Schulten
October 12, 2012
Seal Beach, California
To the Seal Beach Planning Committee. 10/16/12
Topic: 546 Ocean Ave. CUP Application
Additional Information concerning this property.
Mr. Johnny Lima called me for the first time Tuesday 10412. Mr. Lima wanted to convey to me that
summer rentals were 3 or 4 on his list. That 546 Ocean is his family home.And that all weddings and
parties at 546 Ocean were family advents. He also told me that the children I see belong to him and his
family.
He stated that the weddings at 546 Ocean were family or friends weddings.
PLEASE REVIEW THE YELLOWED OUT SENTENCE ON PAGE 10 of 11. We picked the property
for our small family wedding. Read a little further, she refers to Mr.Lima as the owner. Not family or
friend.
AGAIN PLEASE REVIEW THE YELLOWED OUT SENTENCE ON PAGE 10 of 11. He advertises
families with young children.
Mr. Lima is not telling me the truth when I live next door and see what's going on. He is going to try
and convince you that his house 546 Ocean is primarily a family used home.
However he advertises as a summer and winter rental.
Beverly Rallis
550 Ocean Ave.
Seal Beach, CA 90740
562 594-0901
Please review bottom of page one which states:VACATION RENTAL FEATURES and then follow
through to page 2 which is a list of all the features. This is much more than just a little summer rental.
]cal Beach Vacation Rental-\RB0254O47ba-5BBOrange Coumty...
were just what was needed for a large group such as nuns.
The owner was extremely helpful in making sure our questions were answered and
made the rental process professional from start to finish.
Our weeks stay was the most stress free vacation we have had in 20 years which is
saying something given there were nine of us in one house. I would highly
recommend this property for large families; except I don't want the competition as
we hope to rent the house again next year.
Recommended for:Sigbtseeing, tourists without a car, tano(||es with young children,
age 55*, families with teenagers.
Did you find this review helpful?Yes I No Helpful votes: 1/1
�
5'/� Wonderful!!
Guest: Ken (Southern California)
Date ofStay: 03/31/12 Review Submitted: 04/10/12
The house was not only immaculate and fully stocked, the upgrades were totally
five star in quality and comfort! Our family reunion of six adults and four children
could not have been better with something to do for everyone. Walk out the back
gate and you are on the beach, walk tntown for restaurants and cute shops, swim
in the pool, relax in the spa or get some sun in the ample outdoor sitting areas,
this house had it all. Atota| hit with everyone in our party and we would
recommend it without hesitation tueveryone.
Recommended for:Tburists without car, girls getaway, families with young
children, romantic getaway, age 55+, families with baenngcna'
Did you find this review helpful?Yes ! No Helpful votes: 2/2
5/5 Like home away from home
Guest: Angela L. (Dallas, Texas)
Date of Stay: 03/11/12 Review Submitted: 03/19/12
We picked the property for our small family wedding this March. The owner was
extremely gracious and allowed several site visits prior to our stay for the
planning. The property is gorgeous and the pictures do not doit justice at all. All
appliances are top notch. Unensana to die for. The owners have thought mf
everything to make our stay comfortable.....surround sound throughout the house,
more TVs than you can count (though who wants to be inside when you have the
view of the ocean is beyond rne). There was laundry soap and beech towels and
shampoo in the bathrooms, kitchen is well stocked so you don't have to spend your
first day running around buying supplies and wasting your vacation. Everything
was comfortable and dean. I have rented many houses in Newport before but they
have such a high turnover so the properties are worn and functional but not like
home. Seal Beach is a srna|| community with still plenty to do and easy access to
all other areas o[Southerna California. l would recommend this property to
anyone and everyone and hope to be back soon for another visit.
Recommended for:
Did you find this review helpful?Yes I No Helpful votes: 3/3
5/5 Wonderful Place!!!
Guest: Kelly C. (Houston, TX)
Date ufStay: 12/19/11 Review Submitted: 01/2S/12
This was a great place tostay with our family.. they had everything needed for
:eat Beach Vacation Rental-VRBO 254047ha-5 BR Orange County... http://www.vrbo.com/254047ha
Rate Details (In )
Personal Currency AssistantTM
Weekly Rate $6900-$9900 Security Deposit $1000 Cleaning $10OOff Season Nightly Rates are 1
$1975/night 3 night minimum.
Weekly (Saturday-Saturday) Rates Apply During Peak Season and Holidays.
All Rates DO NOT include cleaning fee of $100.
Refundable Security Deposit $1000.00.
'Monthly/Yearly/Long Term Please call!
Note: Until confirmed, rates are subject to change without notice.
Before paying contact the owner to confirm payment details.
Call the owner directly to confirm reservation details and pay with an approved method (credit card, check, or
bank transfer), to protect your payment up to $1,000.
Before contacting us, please check our calendar (http://www.vrbo.com/254047ha/calendar) for your desired
dates
Email Owner() Primary: +1626 305-7426
Note: Each property is individually owned or managed.
Property Photos
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Seal Beach (http://www.vrbo'oonn/vacation-renta|s/usa/ca|ifbrnia/orange-countyysea(-beach) VRBC) Listing
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Seal Beach,California Vacation Rental bn Owner Listing 254o47hu
Location: Seal Beach, Orange County, California,
USA
Accommodations: 5 Bedrooms, 3.5Baths
(Sleeps 12)
Breathtaking ocean views and unforgettable
sunsets setthestageforthisexceptiona| one-of-
a-kindbeachfront estate in prime Seal Beach
location. This custom home is the pinnacle of
LW luxury and style, with a suite ofpremium
amenities. The resort-|ike, spectacular backyard is
sundnenched escape, with a stunning gO-footlap
pool, soothing Jacuzzi, and outdoor bar and 88Q.
Marvelously appointed home offers 5bedrooms
and 3.5 baths- Bright airy and truly a serene
space, this remarkable estate features a unique
--���--� and artful leaded glass entry door, premium stone
and hardwood flooring, four beautiful firep|aces,
elegant architecture details, recessed lighting, walls of sea-view windows and doors, and a sleek gourmet
kitchen. This is truly e home like no other.
Rental��ac �i���� ��0�aK � °�a0ures
Communication/ Telephone
fhtemet
Dining Dining Area
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Seal Beach Vacation Rental-VRBO 254047ha-5 BR Orange County... http://www.vrbo.com/254047ha
Entertainment TV Books Toys Kids
Satellite Or Cable Stereo System CD
DV D
General Central Heating Alarm Clock Ceiling Fans
Hair Dryer Laundry Soap Paper Towels
Restaurant Dining Guide Security System Shampoo
Soaps Basic Toilet Paper Towels Provided
Jacuzzi Hot Tub Concierge
Air-Conditioning Linens Provided
Internet access Internet Access Broadband Access Wireless Broadband
Kitchen Coffee Maker Toaster Grill
4 Ring Stove Iron & Board Blender
Coffee Grinder Refrigerator Mini Size Spices
Freezer Cooking Utensils Ice Maker
Stove Top Burners Dish Washer Refrigerator
Oven Microwave Washing Machine
Clothes Dryer
Living Room Fireplace Sofabed
Onsite Equipment Beach Chairs Beach Towels Telescope
Onsite Services Housekeeper Optional
Outside Outdoor Grill Gas Parking On Street Barbecue
Parking Garage Bike
Balcony Parking Off Street Patio Stone/Concrete
Outdoor Grill
Pool/Spa Outdoor Hot Tub
Suitability Long Term Renters Non Smoking Only
Welcome
Swimming pool Outdoor Pool Private Pool
Theme Luxury Adventure
Attractions Churches Marina Playground
Restaurants Live Theater Cinemas
Theme Parks
Leisure Activities Paddle Boating Scenic Drives Walking
Whale.Watching Beachcombing Sight Seeing
local services and ATM/Bank Groceries Massage Therapist
businesses Fitness Center
Location Type Beach Waterfront
sports and Pier Fishing Sound/Bay Fishing Surf Fishing
adventure Swimming Tennis Sailing
activities Cycling Fishing Golf
Wind-Surfing Surfing
of l l 1011619.019 10.50 AM
Greg Hastings
Subject: FW:vacation rentals........
---------- Forwarded message ----------
From: Phil and Karen
Date: Wed, Oct 17, 2012 at 3:10 PM
Subject: vacation rentals........
To: Ellery Deaton
My name is Phil ViIjoen,my wife and T live at 411 Ocean.Ave. We are both against
short term vacation and special event rentals in Old Town,because it changes the
complexion of our town from residential to commercial uses without formal zoning.
Thank You,
Phil and Karen ViIjoen
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RECEIVED
FEB 13 22-313
CITY CLERK
CITY OF SEAL BEACH
Cynthia Sadofski
2030 Rangeview Drive
Glendale, CA 91201
City of Seal Beach Planning Commission
211 8'n Street
Seal Beach, CA 90740
February 10, 2013
This letter is in response to the denial of conditional use permit 12-15 for 546 Ocean
Avenue.
As a former Seal Beach resident and current property owner, I am 100% in favor of
granting the conditional permit to this property owner.
I am shocked and dismayed that a city believes that they have the power to limit the
fundamental and basic use and rights of property ownership in Seal Beach. The history of
the city has been summer rentals and tourists. A perfect example was the Seal Beach Inn,
located right next door and surrounded by residential properties. When The Seal Motel
sold and changed to the Seal Beach Inn there were no restrictions on the daily rental of
that property and nobody thought of complaining about it. That was even on a much
larger scale than these few conditional use permits that are being applied for, regarding
short-term rentals in Seal Beach.
The bottom line is that no city or certain adjoining property owners should have the right
to limit the use of ownership and I highly approve of granting this permit.
yy rnt� ae�Sa d o fs k i
Dear Council Members, Feb. 13, 2013
We have spoken out in the past regarding our opposition to the short
term vacation rentals in Seal Beach. We are writing today as we will be
out of town on February 26, 2013.
We oppose the appeal of the Planning Commission's Denial of
Conditional Use Permit #12-15 for the property at 546 Ocean Avenue.
Renting houses for short term vacation use is, in our opinion, a business
and therefore should not be permitted. In addition, it also changes the
character of the neighborhood which is zoned for single family
residences.
We thank you for your time and consideration in this matter.
Sincerely, REAL
tom.
�� L-' FEB 19 2013
Warren and Vonnie Schulten C17Y CLERK
CITY of SEAL BEACH
500 Ocean Avenue
Seal Beach, CA 90740
562-431-2020
Attachment H
Plans for 546 ocean Avenue
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'V 546 OCEAN AVE. JAY S. CRAWrORQ, AA
SEAL BEACH,CA
470 WALD IPVINECA,92618
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