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HomeMy WebLinkAboutPC AG 2013-03-20 #2 SEAt-`- PLANNING COMMISSION ITEM NUMBER STAFF REPORT 2 TO: Planning Commission FROM: Director of Community Development MEETING DATE: March 20, 2013 SUBJECT: CONTINUED PUBLIC HEARING REQUEST FOR A CONDITIONAL USE PERMIT (CUP 12-12) TO ALLOW A SHORT-TERM VACATION RENTAL PROPERTY WITHIN THE RESIDENTIAL HIGH DENSITY (RHD-20) ZONE. LOCATION: 1605 SEAL WAY APPLICANTS: FRANK AND JENNY TOMICH RECOMMENDATION: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 12-22, denying Conditional Use Permit 12-12. Planning Commission Staff Report Conditional Use Permit 12-12 1605 Seal Way March 20, 2013 ZONE: RHD-20 (RESIDENTIAL HIGH DENSITY) GENERAL PLAN DESIGNATION: HIGH DENSITY RESIDENTIAL SITE DESCRIPTION: Assessor's Parcel Number: 199-094-34 Lot Area: 2,500 sq. ft. Gross Living Area: Approximately 2,690 sq. ft. Surrounding Properties: North: Single and Multi-family properties in the Residential High Density (RHD-20) zone. South: Boardwalk; Public Beach; Pacific Ocean East: Public Right of Way; Single and Multi-family properties in the Residential High Density (RHD-20) zone. West: Single and Multi-family properties in the Residential High Density (RHD-20) zone. LEGAL NOTIFICATION: The legal notice of this hearing was published in the Seal Beach Sun Newspaper on March 7, 2013 and mailed to 124 property owners and 182 occupants within a 500' radius of the subject property on March 7, 2013, with affidavits of publishing and posting on file. ENVIRONMENTAL ASSESSMENT: The Community Development Department has determined that CUP 12-12 is categorically exempt from the California Environmental Quality Act(CEQA)pursuant to the State CEQA Guidelines, Sections 15303 (new construction or conversion of small structures), and 13505 (minor alterations in land use limitations). Planning Commission Staff Report Conditional Use Permit 12-12 1605 Seal Way March 20, 2013 LOCATION MAP: E� RIM, p 9: „ k � property �r 4� BACKGROUND: The following is a partial summary of the background facts and history in this case. Additional information is located in prior staff reports, which are attached to this report. • The subject property is presently developed with a three-story, duplex main dwelling towards the front of the property (beach side), and a detached, two story structure at the rear of the property with a two-car garage and third dwelling unit on the second floor of the detached structure. The property is nonconforming in the following respects: (1) It exceeds the allowable density(three existing dwelling units on a lot where only one would be allowed under the current zoning code); (2) It exceeds the height limit (three story structure on a lot that would only allow a two story structure under the current zoning code); Planning Commission Staff Report Conditional Use Permit 12-12 1605 Seal Way March 20, 2013 (3) It has inadequate parking (one existing two-car garage where three two-car garages would be required under the current zoning code); and (4) It has an insufficient read yard setback(existing setback is approximately 5'- 6"feet where a minimum setback of 12'-0"feet is required under the current zoning code). • Due to the nonconforming rear yard setback, there is inadequate space to park a standard sized automobile within the area between the garage and the rear property line. There is a paved area located to the rear of the property along the property line that has been used for parking vehicles in the past, but staff has determined that this area does not meet the minimum Code requirements for parking. (See further discussion below.) • On July 6, 2012, the applicants filed an application with the Department of Community Development for Conditional Use Permit 12-12 to permit the use of the property at 1605 Seal Way as a short-term "vacation rental" (i.e., renting the property for periods less than 30 days). • The Planning Commission fi rst considered the application for CUP 12-12 at a public hearing on October 3, 2012, at which time, the Planning Commission continued the item to a later date. • Staff subsequently re-noticed the public hearing for the regular Planning Commission meeting of December 19, 2012. Prior to that meeting, staff obtained information regarding the parking conditions on the subject property that caused staff to change its previous recommendation from approval of the project to denial. When notified of this change, the applicant submitted a letter requesting another continuance to be able to address the situation. The Planning Commission granted the request and continued the hearing again. • Staff subsequently re-noticed the public hearing for the regular Planning Commission meeting of February 6, 2013. The applicant and his attorney appeared at that hearing and requested an additional continuance of 60 days. They stated the purpose of the request was to allow time for the attorney to investigate the facts of the matter, which might include hiring a professional surveyor. The Planning Commission granted the request and asked the applicant to cease renting the property as a vacation rental during the interim. The applicant agreed to do so. • On February 28, 2013, the applicant submitted a letter (attached) outlining a proposed solution to the issue of parking for the vacation rental and asked that the continued hearing be rescheduled at the earliest convenient date rather than waiting for the entire 60 days originally requested. • Staff subsequently re-noticed this item and scheduled a Planning Commission hearing date of March 20, 2013. Planning Commission Staff Report Conditional Use Permit 12-12 1605 Seal Way March 20, 2013 • There has been one police call for service that staff believes may be related to the operation of a vacation rental on the subject property. On August 23, 2012,the police department received a call for service at the subject property regarding a van unloading and partially blocking the alley • As of March 11, 2013, planning staff has received following correspondence regarding the application: 0 One email in opposition to the project sent in response to the notice for the original hearing on October 3, 2012; 0 One email in opposition to the project sent in response to the notice for the continued hearing of February 6, 2013; and 0 One letter in opposition to the project sent in response to the notice for the continued hearing of March 20, 2013. Copies of these emails and letter are attached to this report. ANALYSIS: When this item was last before the Planning Commission on February 6, 2013, the applicant's attorney requested a"reasonable continuance to commence an investigation"in connection with parking concerns. He further stated that the applicant would "probably have to hire a surveyor." When -the Planning Commission Chair asked how much time would be necessary, the applicant's attorney said 60 days. The Community Development Director stated that 60 days would probably be required if the applicant hired a land surveyor because staff would also need time to analyze any new information provided by the surveyor. The applicant subsequently submitted his letter of February 28, 2013 which set forth a proposal for addressing the parking situation by distributing available parking on the site when the property is occupied by short-term renters. The letter made no mention of any property survey. Staff subsequently confirmed with the applicant that a survey had not been conducted. Parking has been critical concern regarding short-term vacation rental CUP applications. The concern is particularly acute where there has been a lack of adequate on-site parking, an over-concentration of vacation rental properties within a certain geographic area, increased unit-density on an individual property, or where properties have not had an on- site or nearby owner or property manager. While the subject property does have an on-site owner(upstairs in the rear unit above the garage), it also contains three dwelling units on a lot size of 2,500 square feet and does not provide the minimum code required off-street parking for the three units because it only has a two-car garage at the rear of the property for two vehicles and the rear-yard setback is inadequate for parking a standard sized automobile between the garage and the rear property line. Planning Commission Staff Report Conditional Use Permit 12-12 1605 Seal Way March 20, 2013 While there is also a small concrete pad adjacent to the garage that has historically been used for off-street parking for up to two additional cars, its dimensions do not meet the City's minimum required dimensions for parking spaces. Section 11.4.20.025 of the Zoning Code requires that standard parking spaces be at least 9'-0" wide and 18'-0" long. (Compact-size parking spaces must be at least 8'-0"wide and 16'-0" long, but compact spaces are not allowed for residential development). The Zoning Code further requires that the width of any parking space must be increased by at least 2'-0" when it is located adjacent and parallel to a wall or other solid barrier. This last requirement is applicable in this case because concrete pad is adjacent to an exterior wall of the garage. Therefore the minimum required dimensions for a parking space on the location of the concrete pad are 11'-0" feet by 18'-0" feet. For two tandem spaces, minimum dimensions would be 11'-0" by X-O". Staff measured the concrete pad using an existing survey pin located between the properties at 1605 Seal Way and 1607 Seal Way and determined that the area is 7'-6" in width and 35'-0" in length. Therefore, the pad does not meet the minimum required width and would not be long enough for two tandem spaces. This area therefore cannot be counted towards meeting the required off-street parking for the subject property. In the applicant's letter of February 28, 2013, staff is quoted as previously stating, "While this parking issue (in regards to the subject property) would affect long-term as well as short-term residents of the property, staff believes that long-term residents would, over time, find acceptable alternatives for the parking impact...." In making this statement, staff's thoughts were that any potential long-term resident on the property would either know or become aware of the existing, inadequate on-site parking before deciding to rent and, if they did decide to rent, may have either alternate means of transportation (small electric car, motorcycle, bicycle, etc.) or would make alternate arrangements for vehicle parking by either parking off-site or possibly parking in restricted areas that allow overnight parking. Additionally, there are some residents of Old Town who do not own automobiles and therefore would not contribute to existing parking impacts within the neighborhood. Conversely, however, a prospective short-term/vacation tenant who is unfamiliar with the neighborhood or may not be aware of the unique parking impacts within Old Town and especially, this particular area of Old Town, would almost certainly arrive in one or more vehicles and may not be able to easily find alternative arrangements or may not wish to park away from the vacation rental property. The applic8nt's proposal to designate the existing two-car garage forvacation renters might help to alleviate the issue of vacation renters' unfamiliarity with the neighborhood or the ability for them to find alternate arrangements, but it does not fully address the overall parking deficiency on the property. The fact still remains that the property only provides two off-street parking spaces for a residential property that contains three dwelling units, which does not meet the City's minimum requirements. It is therefore staffs opinion that the physical layout and dwelling unit concentration of the site create the potential for adverse impacts to the surrounding neighborhood if the property is used as a short term rental. Staff therefore believes that the subject property. Planning Commission Staff Report Conditional Use Permit 12-12 1605 Seal Way March 20, 2013 CONCLUSION: After concluding the public hearing and receiving additional testimony and evidence, staff recommends that the Planning Commission adopt the attached Resolution denying CUP 12-12 for a short-term vacation rental property within the RHD-20 zone at 1605 Seal Way. Prepared by: App ved by: App e 9164ra,�Al C P Community 1K Barham ior-Planner_Community Development irector of Community Development Attachments (6): 1. Resolution No. 12-22—A Resolution of the Planning Commission of the City of Seal Beach, denying Conditional Use Permit 12-12, to allow a short-term vacation rental property within the Residential High Density (RHD-20) zone at 1605 Seal Way. 2. Letter submitted by the applicant on February 28, 2013 3. Emails and correspondence received in opposition to CUP 12-12 4. Police calls for service at the subject address from 2007-Present 5. Previous staff reports from Planning Commission meetings of October 3, 2012; December 19, 2012; and February 6, 2013. 6. Project plans ATTACHMENT 1 RESOLUTION NUMBER 12-22, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DENYING CONDITIONAL USE PERMIT 12-12, TO ALLOW A SHORT TERM VACATION RENTAL PROPERTY AT WITHIN THE RESIDENTIAL HIGH DENSITY (RHD-20) ZONE AT 1605 SEAL WAY. RESOLUTION NUMBER 12-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DENYING CONDITIONAL USE PERMIT 12-12 FOR A SHORT TERM VACATION RENTAL AT 1600 SEAL WAY, SEAL BEACH THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On July 6, 2012, Frank and Jenny Tomich ("the Applicants") submitted an application to the City of Seal Beach Department of Community Development for Conditional Use Permit (CUP) 12-12 to allow a short term vacation rental at 1600 Seal Way (the "subject property"). Section 2. On October 3, 2012, the Planning Commission held a duly noticed public hearing regarding CUP 12-12, after which it voted to continue the hearing to later date. On December 19, 2012, the Planning Commission held a duly noticed continued public hearing regarding CUP 12-12, after which it continued the hearing to a later date at the Applicants' request. On February 6, 2013, the Planning Commission held a duly noticed continued public hearing regarding CUP 12-12, after which it continued the hearing for 60 days at the request of the Applicants' attorney. On February 28, 2013, the Applicants submitted a written request that the continued hearing be rescheduled at the earliest convenient date rather than waiting for the entire 60 days. Accordingly, on March 20, 2013, the Planning Commission held duly notice public hearing to regarding CUP 12-12. The record of the public hearing, including all continued public hearings, includes the following facts, which the Planning Commission finds to be true and correct: a. The subject property is located in the Residential High Density (RHD-20) zone area of Old Town Seal Beach, which is characterized by narrow residential lots with narrow setbacks, which means that homes are very close together. Additionally, Seal Way is a single lane, one-way street, with no on-street parking and functions more as an alley than a residential street. This makes the parking and circulation problems in the neighborhood of the subject property particularly acute. b. The City's General Plan designates the subject property for residential use. A goal and objective of the Land Use Element of the General Plan for Planning Area 1 in which the property is located is to maintain the small town character of the City. The Land Use Element states: "Although it is recognized that the area will have businesses that serve residents and visitors, the goal is to prevent the visitor-serving uses from overwhelming the area at the expense of the small town character." 1 C. The surrounding land uses and zoning are as follows: NORTH: Single and multi-family residences in the Residential High Density (RHD-20) zone. SOUTH: Boardwalk; public beach; Pacific Ocean. EAST: Single and multi-family residences in the Residential High Density (RHD-20) zone. WEST: Single and multi-family residences in the Residential High Density (RHD-20) zone. d. The subject property is a 2,500 square-foot lot approximately 25' by 100', and is presently developed with a three-story residential duplex, as well as a detached two-story structure with a single two-car garage and third dwelling unit above the garage at the rear of the property. The property is nonconforming on the a basis of: (1) density, because the Zoning Code permits only one dwelling unit on the subject property; (2) height limitations, because the Zoning Code only permits a maximum two-story structure on the subject property; (3) off- street parking, because the Zoning Code requires an enclosed two-car garage for each dwelling unit on the premises; and (4) rear yard setback because it does not provide the minimum 12-foot setback required by the Code. e. The subject property has room to park only two vehicles, which are the two spaces in the garage. Due to the nonconforming rear yard setback, there is inadequate space to park a standard sized automobile within the area between the garage and the rear property line. There is a paved area located to the rear of the property along the property line that has been used for parking vehicles in the past, but this area does not meet the minimum dimensions required for parking in the Zoning Code. f. The subject property has been previously used for short-term vacation rentals by the previous owners and the Applicants, which has resulted in a regular turnover in short term residents and a more intense level of use than that which typically occurs in residential properties. 9. Neighboring residents have complained that the short term residents of the subject property can exacerbate noise, traffic, and parking impacts within the neighborhood during their vacation stays without regard to the concerns of neighboring long term residents, and that the operation of multiple vacation units on the subject property negatively impacts an already dense residential neighborhood and traffic circulation environment; especially in light of the nonconforming status of the subject property and the unique layout and traffic circulation of Seal Way. 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 2 to Chapter 11.5.20 of the Seal Beach Municipal Code, the Planning Commission makes the following findings: a. Use of the subject property as a short term vacation rental is inconsistent with the General Plan because the adverse parking impacts, lot density, and high turnover of occupants from the use of the subject property as a short term vacation rental are incompatible with the residential designation of the neighborhood. b. The subject property is not physically adequate for the type, density and intensity of use proposed because the neighboring residences are so close that there can be no effective buffer for the sort of noise and other use impacts created by short term occupancy of a nonconforming triplex, the property has only one-third of the Code required parking, and the street is so narrow that the addition of additional vehicle traffic for vacation renters unfamiliar with local traffic conditions will negatively impact an already deficient situation. C. The location, size, design, and operating characteristics of the proposed use would not be compatible with and would adversely affect uses and properties in the surrounding neighborhood because allowing vacation renters increases the number and frequency of visitors and guests and therefore exacerbates noise, traffic and other land use impacts. d. The establishment, maintenance, or operation of a short term vacation rental at the subject property is detrimental to the health, safety, or welfare of persons residing in the vicinity because the addition vacation renters increases the number and frequency of visitors and guests and therefore exacerbates noise, traffic and other land use impacts. Section 4. Based on the findings made in the preceding Section of this Resolution, the Planning Commission hereby denies Conditional Use Permit 12- 12, 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 6th day of March, 2013, by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Sandra Massa-Lavitt Planning Commission Chair Jim Basham Planning Commission Secretary 4 ATTACHMENT 2 LETTER SUBMITTED BY THE APPLICANT ON FEBRUARY 28, 2013 �� �� � � Dear Planning Commission members, r � i | would like to thank you for granting a continuance for n1y CUP application. It has novv ' nnnetirneto find a possible solution to the issue pertaining to the parking situation on my property. (1605 Seal Way) After considerable thought, I believe that I have come up with a scenario that will have the least impact on street parking,while still offering amble parking for rnytenants. |n his staff report for Feb Guf this year, Mr.Q|ixera stated: "While this parking issue would affect long- term as well as short-term residents of the property,staff believes that long-term residents would,over time,find acceptable alternatives for the parking impact..."This is the basis for the plan I present to you today.The plan would be to offer my 2 car garage to my tenants;along with the 2 off-property parking permits they are currently being offered. | will then park my vehicle in the tandem parking space next to the garage.When my daughter comes to visit, she will park behind me in the tandem space. \fVrwhen a fence is ever constructed onthe property line, | will seek alternative parking bv renting a space nr covered garage. It is my belief that this will never be an issue, as a fence would make the walk space on the neighbor's property too narrow tP allow for apermit. Obviously,when vxe have norenter(s),which is approximately half ofthe year, |will park my oar in the garage. Each renter will be told that they have one on-site parking spot in the garage,and if need be, an additional parking permit for the street.They will be informed that they will only be given one parking permit for the street,so if they have two vehicles,one must be small enough to fit in the garage.This wordage will be put into the rental agreement contract. Here are some points to consider when comparing long-term renters vs. short term renters. 1\ Long-term renters will most likely have 2 cars each. Most short-term renters are flying in, and renting one vehicle. 2\ Long-term renters impact the street parking 52 weeks a year.We have only a 50%occupancy rate for short term rentals. 3) Each of these long-term renters will have year-round friends and family visiting, in addition to birthdays and holidays.Short term renters do not. It is written in their contracts as well. As an aside, enclosed you will find the original brochure distributed by the listing agent for the sale of this property. As you can see, i1 was marketed as 3 separate units,which is contrary to comments made bvan individual at each of the Planning Commission meetings. &1y hope is that after studying nmy proposal that you will grant us the CUP for this property, under the guidelines and occupancy limits that you decide is fair for all concerned. | will adhere to any and all covenants that you wish tn apply torny CUP permit. As always, |will continue to be respectful ofnmyneighbors,and cognizant of any potential issues they may have. Sincerely, FrankTonnich ATTACHMENT 3 EMAILS AND CORRESPONDENCE RECEIVED IN OPPOSITION TO CUP 12-12 Jerry Olivera From: Jerry Olivera Sent: Thursday, September 13, 2012 10:25 AM To: Jerry Olivera Subject: FW: 1605 Seal Way and 1606 112 Ocean Dear Ellery, As we discussed this afternoon, my wife and I believe very strongly that there needs to be strict regulations (that will be enforced) on vacation rentals in Seal Beach. We live in the 1600 block of Seal Way where there are many of these rentals. Our experience has been very good with the vacation rental across the alley from our house (the Pineapple Cottage) at 1620 Ocean Avenue. However, there are other vacation rentals where our experience has been quite the opposite. The problems we have encountered are: • Parking of cars in Seal Way alley where the cars are parked behind garages and jut out into the alley causing a driving hazard • People leave their cars in the alley while they run in to their rental to retrieve something, thereby blocking the alley completely These people seem to ignore that Seal Way is actually a street; they frequently get angry with us and other residents if we ask them to move their car, completely disregarding the fact that we live here . ® Noise and partying issues. Some vacation renters are here to party and have a good time, their noise carries throughout the neighborhood. We are not against vacation rentals per se, but there needs to be strict controls placed on them and the number allowed in Seal Beach. There should not be more than one such rental in any given block of Seal Reach, such as the Pineapple Cottage which does an excellent job of screening and managing their rental. That is simply not true for the vacation rentals at 1605 Seal Way and 1616 112 Ocean Avenue. Yours very truly, Tom and Josi Greeley 1629 Seal Way 1 Jerry Ofivera From ]ennifer8utefish _ Sent: Wednesday, February 06, 2013 1:44 PM 7o; ]erryO|ivera 1605 Seal Way Short Term Vacation rental permit My name is Jennifer Butefish and I live at 1606 Ocean Ave. I live across the alley from this property. I wanted to express that I do not want it to be approved for this permit.When he was renting it out last summer, it was disturbingly noisy in the alley. Due to the numbers of cars loading and unloading, it was practically constant thing,They all'help' by shouting out how to maneuver into the tight double parked driveway. Due to the fully packed large SUVs, this is not quick unload.All of this shouting echos in the alley. It seemed that besides the different tenants coming and going, all their friends were also loading and unloading every few days.They greet and say goodbye to each other in the alley, so that's makes for a lot of excited screams hello and long goodbyes. They tend to head to Main Street out through the alley.This also caused a lot of yelling/echoing'Where are you?'or'Are you corning?' repeated over and over with every new tenant each week. There was a late night'bbq' party when one of the tenants got very drunk and got into a fight with his partner.This caused quite a loud shouting match with obscenities.She was shouting back at him as she left out the alley. The idea that he could have 16 tenants(plus their friends)come and go every week is not appropriate for this dense neighborhood or alley situation.The sound really echos in the alley and amplifies everything. He is continuing to rent it out on vrbocom. I do not see him there all the time managing it either. ]enniferButefish 1 • 1 City of Scai Be-3--h Planning Commissioners City Hall t 3 8th Street ► Seal Beach, CA. 90740 ( r P-"tMC'J of 3/12/13 Concerning meeting on 3/20/13 at 7:30 p.m. CLIP 12-12 at 1605 Seal Way,Seal Beach, CA I came before you about a month ago concerning 1605 Seal Way's weekly rentals. At that meeting the applicant pulled his request but you allowed those of us in the audience to speak either for or against this weekly rental CLIP request. I will be unable to attend the meeting scheduled on Wednesday, March 20th. Therefore, I am sending you these pictures and information about my concerns. Some of my major concerns are: The large occupancy rate, inadequate parking, traffic congestion in the Seal Way Alley during loading and unloading of people, luggage, and groceries, entering the alley the wrong way in able to park in the side parking area, accessibility for emergency vehicles, and continuous use of the neighbor's walkway/easement at 1607. Attached are pictures which highlight and clarify some of my concerns. 1. Access&Trash The trash cans are stored between the units. Trash pick-up occurs twice a week on Mondays and Thursdays. If a car or cars are parked along the side parking area, someone must carry the trash cans on the neighbor's sidewalk to a position behind the 1605 garage. Unfortunately, some tenants use the beach trash cans for their household trash. 2. Parking,access, and liability As you can see in the photos, parking is difficult to get into. Without having a proper rear easement on the 1605 property, it takes several tries to get into this parking area. Cars tend to drive down the alley the wrong way to access and turn right into the parking spot. You may also note tenants have pulled in over the curb on the neighbor's property line/set back for unloading and trying to get into the parking spot. I believe all of the people who park in this location would have to use the neighbor's easement to open their door and get out. In the event someone is getting out of the vehicle and slips/falls on the curb and neighbor's property, who would be liable? 3. 1607 parking and future fencing or wall Two of the pictures shown on this page, show a legally parked guest at 1607. By having any guest parking next door, one is substantially hindered to access 1605's side parking area. The last picture on this page shows clearly a vehicle parked on the property line. In the event that current or future owner of this property were to put in a fence or wall along their property line,would this negate using this parking area? Summary: My hope is that you will deny this CUP 12-12. Thank you for your time and the job that you are doing for us in this city.Those of us who are long time residents appreciate all of your time and hard work. Peter Arnold 1613 Seal Way Seal Beach,CA 90740 4I !'f@ ' �Y �, 4 x � }'�<, 4+ iL�� k 4 � � �' +Y� �. i� � t r ` t' �� t � .?„ ., s '` :'. T ��':, j �, � .� ...__.�.w..w , --_ =� � � i. i= � � ' * fz �`` �.ti ���,� �r f 'Yssate,� .r, �� x �� r �+� � �.� f ., r� h ds`scx '��a I � � r ?- S �.~. fir. 'E' v _ � i:.. �. �..•, )�u i� 5,. ����� .. �- t?z J� 1Y.,.�c t` s -i} ' R�rtrdi, s � ?fit' »,. � � �.�r 1;07j 3 : f tilt'.i fi.. y a^ +4{ - 4 ,f "a > r ¢i !e Sit KI&I All"I'll VISIT r� ATTACHMENT 4 POLICE CALLS FOR SERVICE AT THE SUBJECT ADDRESS FROM 2007-PRESENT Seal Beach Police Department Calls For Service Report Generated by_ on 3/11/2013 Search Criteria: City: SB Agency: F,P Address: 1605 SEAL WY Incident A I Date Time Type I NOI Unit Dispo Location 7SB0024523 P 10/27/07 17:11:24 928 **LOBBY** 113 RPT 1605 SEAL WY#1-2 9SB0001751 P 01/25/09 03:59:44 919 KEEP THE PEACE 123 COU 1605 SEAL WY VWILSON 01/25/09 03:59:44 INCIDENT NUMBER:9SB0001751 VWILSON 01/25/09 03:59:44 RP'S STS HER LANDLORD IS VIDEOTAPING HER FROM A CAMERA THEY HAVE PLACED OUTSIDE HER BEDROOM WINDOW VWILSON 01/25/09 04:00:28 OCCURING NOW...LANDLORDS LIVE UPSTAIRS AND RP CAN HEAR THEM TALKING PCRUZ 01/25/09 04:24:25 CLOSED DISPO:COUNSELED 9SB0001752 P 01/25/09 06:12:55 COU COUNSELING 113 COU 1605 SEAL WY JGASSLER 01/25/09 06:12:55 INCIDENT NUMBER:9SB0001752 JGASSLER 01/25/09 06:12:55 RP STATES THAT SHE HAS BEEN SICK IN BED FOR THE PAST 2 DAYS& THIS MORNING SHE LOCATED A SECURITY CAMERA MOUNTED IN HER BATHROOM...RP SOUNDS 925.RP LIVES ALONE&HER KIDS LIVE THERE PART TIME.RP BELIEVES HER LANDLORD PLACED THE CAMERA THERE...NFD JGASSLER 01/25/09 06:36:18 RP CALLED BACK&STATES THAT SHE HAS LOCATED THE CAMERA& WANTS OFFICER TO RTN KMOEN 01/25/09 06:46:41 RP IS HEARING VOICES,C4 KMOEN 01/25/09 06:46:44 CLOSED DISPO:COUNSELED Page 1 of 2 Seal Beach Police Department Calls For Service Report Generated by-on 3/11/2013 Search Criteria: City: SB I Agency: F,P Address: 1605 SEAL WY Incident A I Date Time Type I NoI Unit Dispo Location OSB0011353 P 05110110 00:24:01 925C SUSP CIRCS 123 Fill 1605 SEAL WY#1-2 HTRAN 05/10//10 00:57:09 CASE NUMBER= FI-10-00000319(SB) LLENART 05/10/10 00:24:01 INCIDENT NUMBER:OSB0011353 LLENART 05/10/10 00:24:01 AT BACK HOUSE ON 2ND FLOOR-LINK SUBJ CUT THE POWER AND PHONE LINE TO HIS RES AND SAW A SUBJ RUN OFF LLENART 05/10/10 00:24:49 RP IS OUT ON BACK PORCH-STATES HE HEARS FOOTSTEPS ON THE SIDE WALK WAY LLENART 05/10/10 00:25:10 RP DOES NOT KNOW WHO WOULD HAVE DONE THIS LLENART 05/10/10 00:25:28 RP'S FRONT DOOR IS OFF ALLEY WAY LLENART 05/10110 00:26:38 NO DESC ON SUBJ-TO DIRK-POSS A MALE WEARING A HOODED SWEATSHIRT LLENART 05110/10 00:26:54 DOT IN ALLEY TOWS THE NAVAL BASE LLENART 05/10/10 00:27:32 RP WILL WAIT NEAR HIS FRONT DOOR HTRAN 05/10/10 00:27:32 CKING BOARDWALK HTRAN 05/10/10 00:27:37 127 ON FOOT LLENART 05/10/10 00:27:52 ALSO CARRYING A FLASHLIGHTS LLENART 05/10/10 00:28:57 THE POWER BOX IS OPEN TO RP'S RES HTRAN 05/10/10 00:29:11 123 2 MALES AT DOLPHIN/OCEAN HTRAN 05/10/10 00:29:36 123 OUT WITH A VEH WITH 3 MALES INSIDE HTRAN 05/10/10 00:29:43 QL,123 _ HTRAN 05110/10 00:36:58 123 OUT WITH RP HTRAN 05110/10 00:37:50 QN,120 HTRAN 05/10110 00:38:25 QN,120 HTRAN 05/10/10 00:38:30 00,120 _ HTRAN 05110110 00:38:51 QN,127 HTRAN 05/10/10 00:42:26 120 C4 HTRAN 05/10/10 00:46:34 QO,127 HTRAN 05110110 00:47:01 QO,120 HTRAN 05110/10 00:57:39 123/SUBJS FI'D,NOT RELATED AND NO CRIME AT RES HTRAN 05/10/10 00:58:19 CLOSED DISPO:FIELD INTERVIEW 2SBOO18502 P 08123/12 10:26:12 586 ILLEGAL PKD VEH 441 ADV 1605 SEAL WY KMOEN 08/23/12 10:26:12 INCIDENT NUMBER:2SB0018502 KMOEN 08/23/12 10:26:12 WHI VAN PARTIALLY BLOCKING THE ALLEY CCOLEMAN 08/23/12 10:34:53 Closed dispo:ADVISED CCOLEMAN 08/23/12 10:34:53 SUBJ UNLOADING HIS VEH AND WILL BE MOVING Page 2 of 2 ATTACHMENT 5 PREVIOUS STAFF REPORTS FROM PLANNING COMMISSION MEETINGS OF OCTOBER 3, 2012; DECEMBER 19, 2012; AND FEBRUARY 6, 2013 yo PLANNING COMMISSION ITEM NUMBER STAFF REPORT 6 07"4 20a'tw .U"7, TO: Planning Commission FROM: Director of Community Development MEETING DATE: February 6, 2013 SUBJECT: PUBLIC HEARING REQUEST FOR A CONDITIONAL USE PERMIT (CUP 12-12) TO ALLOW A SHORT-TERM VACATION RENTAL PROPERTY WITHIN THE RESIDENTIAL HIGH DENSITY (RHD-20) ZONE. LOCATION: 1605 SEAL WAY APPLICANTS: FRANK AND JENNY TOMICH RECOMMENDATION: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 12-22, denying Conditional Use Permit 12-12, Planning Commission Staff Report Conditional Use Permit 12-12 1605 Seal Way February 6, 2013 ZONE: RHD-20 (RESIDENTIAL HIGH DENSITY) GENERAL PLAN DESIGNATION: HIGH DENSITY RESIDENTIAL SITE DESCRIPTION: Assessor's Parcel Number: 199-094-34 Lot Area: 2,500 sq. ft. Gross Living Area: Approximately 2,690 sq. ft. Surrounding Properties: North: Single and Multi-family properties in the Residential High Density (RHD-20) zone. South: Boardwalk; Public Beach; Pacific Ocean East: Public Right of Way; Single and Multi-family properties in the Residential High Density (RHD-20) zone. West: Single and Multi-family properties in the Residential High Density (RHD-20) zone. LEGAL NOTIFICATION: The legal notice of this hearing was published in the 'Seal Beach Sun Newspaper on January 24, 2013 and mailed to 124 property owners and 182 occupants within a 500' radius of the subject property on January 23, 2013, with affidavits of publishing and posting on file. ENVIRONMENTAL ASSESSMENT: Pursuant to the State of California Public Resources Code and State Guidelines for the California Environmental Quality Act (CEQA), the Community Development Department has determined that the proposed project is categorically exempt from environmental review per Section 15303, New Construction or Conversion of Small Structures, and Section 13505, Minor Alterations in Land Use Limitations of CEQA. Planning Commission Staff Report Conditional Use Permit 12-12 1605 Seal Way February 6, 2013 LOCATION MAP: r I' t n 5 I 4 � hey r y'r✓ �� I a E'�!' �Subiect property qF g �W II n�3v{G R rIT+�a Yr FACTS: • On July 6, 2012, Frank and Jenny Tomich ("the applicants")filed an application with the Department of Community Development for Conditional Use Permit 12-12 to permit the use of the property at 1605 Seal Way as a short-term"vacation rental'(i.e., renting the property for periods less than 30 days). • Property owners may apply for a conditional use permit for a short-term vacation rental provided the application was filed on or prior to October 22, 2012. • The subject application was originally discussed by the Planning Commission at the October 3, 2012 meeting and at the request of the Planning Commission, was continued to a subsequent meeting. Staff subsequently re-noticed the public hearing for CUP 12-12 for the regular Planning Commission meeting of December 19, 2012. Prior to the December 19th meeting, information was obtained by planning staff that required staff to change its previous recommendation forthe proposed project. When staff notified the applicant of this change, the applicant submitted a letter to planning staff asking to continue the hearing to a later date so that the applicant could explore Planning Commission Staff Report Conditional Use Permit 12-12 1605 Seal Way February 6, 2013 options available to them. Staff then re-noticed the public hearing for CUP 12-12 for the regular Planning Commission meeting of February 6, 2013. • The property is nonconforming due to exceeding the allowable density(three existing dwelling units on a lot where only one would be allowed under the current zoning code); height limitations (three story structure on a lot that would only allow a two story structure underthe current zoning code); and substandard parking(one existing two-car garage where three two-car garages would be required under the current zoning code). • The property is presently developed with a three-story, duplex main dwelling towards the front of the property(beach side), and a detached, two story structure at the rear of the property with a two-car garage and third dwelling unit on the second floor of the detached structure. • Due to the nonconforming rear yard setback, there is not adequate space to park a standard sized automobile within the area between the garage and the rear property line. • The property was most recently sold in May 2612 and to staff s knowledge, has never been used as a legal, short-term vacation rental property. • As of January 29, 2013, planning staff has received one email in opposition to the project, in response to the hearing notices that were mailed out and published for the original hearing on October 3, 2012, and staff has received no correspondence in response to the hearing notices that were mailed out and published for the continued hearings of December 19, 2012 and February 6, 2013. BACKGROUND: The applicants/owners bought the property with an existing, nonconforming triplex in May 2012 and online records confirm that the property was sold in May 2012. Based on a conversation that staff had with the applicants/owners,the previous owner had apparently insinuated to the new owners that the property was an existing vacation rental property. There is presently no business license or Transient Occupancy Tax (TOT) registration on file with the City, but staff does have evidence that the property had been listed on the vacation rental property website 'vrbo.com' prior to May 2012 and that the property had most likely been used as an illegal short-term vacation rental property prior to May 2012. When the current owners became aware that a CUP was required for such short-term rental properties,they filed the necessary public hearing application with the City in a timely manner. To date,staff is unaware of any noise disturbances or any other adverse impacts that have occurred as a result of the operation of a vacation rental at this address. There have been no police calls for service at this address that staff believes are related or potentially related to the operation of a short-term vacation rental and there is no record of any neighborhood complaints or reports concerning such use at the subject property. Planning Commission Staff Report Conditional Use Permit 12-12 1605 Seal Way February 6, 2013 ANALYSIS: Commencing with the adoption of Title 11 in 2010, the City has adopted a series of regulations and requirements for vacation rentals designed to mitigate and eliminate any adverse impacts upon neighboring properties and the City at large that might arise from the use. Those regulations include check-in and check-out times as well as requirements that renters provide valid government identification,that occupants may be cited or fined by the City for any violation of any provision of the Municipal Code, that trash be stored within proper trash containers, and that certain terms be included in each short term lease. In addition, to ensure compatibility with the surrounding uses, the Commission may impose reasonable conditions in connection with the issuance of a CUP. During recent CUP hearings for other short-term vacation rental property requests, both the Planning Commission and members of the public have expressed concern for certain properties wishing to obtain such permits, where there was a lack of adequate on-site parking, an over-concentration of vacation rental properties within a certain geographic area, a unit density issue within an individual lot, orwhere those properties did not have an on-site or nearby owner or property manager. While the subject property does have an on- site owner (upstairs in the rear unit above the garage), the property also contains three, dwelling units on a lot size of 2,500 square feet and does not provide the minimum code required off-street parking for the three units. There is a two-car garage at the rear of the property that provides off-street parking for up to two vehicles. While there is also a small concrete pad adjacent to the garage that has historically been used for off-street parking for up to two additional cars,the dimensions of this concrete pad do not meet the minimum dimensions of a required parking stall, per the Zoning code. Moreover, when cars utilize this concrete pad for off-street parking, to exit the vehicle once a car is parked in this space, a car door generally would have to swing over the property line of the adjacent property. Since there is presently no fence, wall, or other obstruction between the two properties, individuals are generally able to exit a vehicle in this location without difficulty. However, if the adjacent property owner were to ever construct a fence along the side property line in this location- which would be perfectly legal- it would be nearly impossible to park a vehicle in this location and be able to easily exit that vehicle. While this parking issue would affect long-term as well as short-term residents of the property, staff believes that long-term residents would, over time, find acceptable alternatives for this parking impact whereas a short-term residentwho is unfamiliarwith the neighborhood may not be able to easily find alternative arrangements. Staff,therefore,does not believe that the physical layout and dwelling unit concentration of the site is adequate for a vacation rental property, since, due to the lot density and inadequate off-street parking, there exists a potential for adverse impacts to the surrounding neighborhood through such use of the property. Planning Commission Staff Report Conditional Use Permit 12-12 1605 Seat Way February 6, 2013 CONCLUSION: After conducting the public hearing and receiving testimony, staff recommends that the Planning Commission adopt the attached Resolution recommending denial of CUP 12-12 to allow a short-term vacation rental property within the RHD-20 zone at 1605 Seal Way, Prepared by: p roved by: Oe ivera,AlCP Basham r _Cc iL io lanner-Community Development irector of Community Development Attachments (3): 1. Resolution No. 12-22—A Resolution of the Planning Commission of the City of Seal Beach, denying Conditional Use Permit 12-12,to allow a short-term vacation rental property within the Residential High Density (RHD-20) zone at 1605 Seal Way. 2. Email received in opposition of CUP 12-12 3. Project plans December 19, 2012 STAFF REPORT To: Honorable Chairwoman and Planning Commission From: Department of Community Development Subject: Conditional Use Permit 12-12 1605 Seal Way GENERAL DESCRIPTIONJ Applicants: FRANK AND JENNY TomICH Owners: FRANK AND JENNY TomICH Location: 1605 SEAL WAY Classification of RHD-20 (RESIDENTIAL HIGH DENSITY) Property; Request: FOR A CONDITIONAL USE PERMIT (CUP) TO ALLOW A SHORT- TERM VACATION RENTAL PROPERTY WITHIN THE RESIDENTIAL HIGH DENSITY(RHD-20)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 12-12, SUBJECT TO CONDITIONS. APPROVAL SHOULD BE THROUGH THE ADOPTION OF PLANNING COMMISSION RESOLUTION No. 12-22. Plantang Commission Staff Report Conditional Use Permit 12-12 1605 Seal Way December 19, 2012 FACTS !J LJ On July 6, 2012, Frank and Jenny Tomich ("the applicants") filed an application with the Department of Community Development for Conditional Use Permit 12- 12 to permit them to use the property at 1605 Seal Way (the "subject property") as a short-term "vacation rental" (i.e., renting the property for periods less than 30 days). ❑ Property owners may apply for a conditional use permit for a short-term vacation rental, provided the application was filed on or prior to October 22, 2012. ❑ Notice of the public hearing to consider the application was mailed to all properties within 500 feet of the subject property. ❑ This subject application was originally discussed by the Planning Commission at the October 3, 2012 meeting and at the request of the Planning Commission, was continued to a subsequent meeting. Staff subsequently re-noticed the public hearing for Conditional Use Permit No. 12-12 for the regular Planning Commission meeting of December 19, 2012. ❑ The subject property is described as Orange County assessor's parcel # 199- 094-34; is 26-0" x 100'-0" in size; and comprises 2,500 square feet in area, ❑ The property is nonconforming due to a substandard rear yard setback, substandard off-street parking, and exceeding the allowable density- three existing dwelling units on a lot where only one would be allowed per the current zoning code. LJ The surrounding land use and zoning are as follows: NORTH: Single and multi-family residences in the Residential High Density (RHD-20) zone. SOUTH: Boardwalk; Public Beach; Pacific Ocean. EAST: Single and multi-family residences in the Residential High Density (RHD-20) zone. WEST: Single and multi-family residences in the Residential High Density (RHD-20) zone. ❑ The subject property is presently developed with a three-story, duplex main dwelling towards the front of the property (beach side), and a detached, two- story structure at the rear of the property with a two-car garage and third dwelling unit on the second floor of the detached structure. ❑ Due to the nonconforming rear yard setback, there is not adequate space to park a standard sized automobile within the area between the garage and the rear 2 Planning Commission Staff Report Conditional Use Permit 12-12 1605 Seal Way December 19, 2012 property line. However, there are two additional, on-site, uncovered parking spaces adjacent to the garage, which are accessible from Seal Way. LJ The property was most recently sold in May 2012 and to staffs knowledge, has never been used as a legal, short-term vacation rental property. ❑ As of December 12, 2012, Staff had received one email in opposition to the project, in response to the hearing notices that were mailed out and published for the original hearing on October 3, 2012, and staff has received no correspondence in response to the hearing notices that were mailed out and published for the continued hearing of December 19, 2012. BACKGROUND J The applicants/owners bought the property with an existing, nonconforming triplex in May 2012 and online records confirm that the property was sold in May 2012. Based on a conversation that staff had with the applicants/owners, the previous owner had apparently insinuated to the new owners that the property was an existing vacation rental property. There is presently no business license or TOT, registration on file with the City, but staff did have evidence that the property had been listed on VRBO prior to May 2012 and that the property had most likely been used as an illegal short-term vacation rental property prior to May 2012. When the current owners became aware that a CUP was required for such short-term rental properties, they filed the necessary public hearing application with the City in a timely manner. To date, staff is unaware of any noise disturbances or any other adverse impacts that have occurred as a result of the operation of a vacation rental at this address. There have been no police calls for service at this address that staff believes are related or potentially related to the operation of a short-term vacation rental and does not have any records of any complaints or police reports concerning such use at the subject property.. 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: 3 Planlung Commission Staff Report Conditional Use Permit 12-12 1605 Seal Way December 19, 2012 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. Commencing with the adoption of Title 11 in 2010, the City has adopted a series of regulations and requirements for vacation rentals designed to mitigate and eliminate any adverse impacts upon neighboring properties and the City at large that might arise from the use. Those regulations include check-in and check-out times as well as requirements that renters provide valid government identification, that occupants may be cited or fined by the City for any violation of any provision of the Municipal Code, that trash be stored within proper trash containers, and that certain terms be included in each short term lease. In addition, to ensure compatibility with surrounding uses, the Commission may impose reasonable conditions in connection with issuance of a CUP. During recent CUP hearings for other short-term vacation rental property requests, both the Planning Commission and members of the public have expressed concern for certain properties wishing to obtain such permits, where there was a lack of adequate on-site parking or where those properties did not have an on-site or nearby owner or property manager. Staff believes that neither of those conditions exists with the subject property, as there is adequate on-site parking to serve the proposed vacation rental use, based on occupancy limitations placed on the subject property, and the property owner lives on the subject premises. Applying applicable law to the present application, staff recommends that the Commission approve a CUP for the subject property, subject to reasonable conditions. As noted above, staff is unaware of any noise disturbances or any other adverse impacts that have occurred as a result of the operation of a vacation rental at this address. There have been no police calls for service at this address that staff believes are related or potentially related to the operation of a short-term vacation rental. Additionally, staff believes that because the subject property is located along the beachfront, it is in an area where it is less likely to cause disruption to the neighborhood 4 Planning Commission Staff Report Conditional Use Pen-nit 12-12 1605 Seal Way December 19, 2012 at large. The property also provides two additional off-street parking spaces for each vacation rental unit and the property owner lives on the premises in a rear unit above the garage, therefore being immediately available to address any problem that should arise. Thus, staff believes that a vacation rental at this location, with proper conditions, will be compatible with the neighborhood and will not adversely affect uses and properties in the surrounding neighborhood. In addition to the standard conditions that the Commission has imposed upon each application for a CUP for a vacation rental, staff recommends the Commission consider imposing the following reasonable conditions due to the size of the subject property, the physical constraints of the existing triplex, its location, and other features of the proposed use. Based on the plan submitted by the applicants, staff recommends that occupancy be limited to a maximum of not more than four (4) overnight guests for the two-bedroom downstairs unit and not more than six (6) overnight guests, with a maximum of four (4) adults over the age of 18, for the three bedroom upstairs unit. Staff also recommends that the entire garage and open parking spaces be kept free and clear of any obstructions that would prevent the occupants' automobiles from utilizing the garage and open parking spaces for parking at all times, and that a resident-owner or property manager shall reside on the premises at all times. Staff believes that, if the property owners and potential vacation rental tenants abide by all City laws, ordinances, and regulations, the continuation of a vacation rental property at this location would be compatible with the existing development pattern and uses of the surrounding neighborhood. Staff further believes that the recommended conditions of approval will prevent adverse impacts associated with a vacation rental property from occurring, but in the unlikely event that they should occur, the City, through the CUP, has a means of code enforcement Lip to and including possible revocation of the CUP. 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 the property provides adequate parking for the two vacation rental units, conditions placed on the Subject request will limit the number of guests staying on the premises, require an on-site property manager, set specific quiet hours, and mitigate other potential land use impacts that may be created by short term occupancy. 5 Plantang Commission Staff Report Conditional Use Permit 12-12 1605 Seal Way December 19, 2012 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 opera-lion 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: Staff recommends the Planning Commission, after considering all relevant testimony, written and oral, presented during the public hearing, approve Conditional Use Permit 12-12, 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. For: December 19, 2012 Je` e Kera`,_ AICP S loranner, Department of Community Development Attachments:(4) Attachment 1: Resolution No. 12-22, A Resolution of the Planning Commission of the City of Seal Beach, approving Conditional Use Permit 12- 12, to allow a short-term vacation rental property, within the Residential High Density (RHD-20) zone at 1605 Seal Way, Seal Beach. Attachment 2: Interim Ordinance Number 1624-U regarding short term vacation rental properties Attachment 3: Email received in opposition to the proposed project. Attachment 4: Project plans 6 October 3, 2012 STAFF REPORT To: Honorable Chairwoman and Planning Commission From: Department of Community Development Subject: Conditional Use Permit 12-12 1605 Seal Way GENERAL DESCRIPTIONJ Applicants: FRANK AND JENNY TomICH Owners: FRANK AND JENNY TomiCH Location: 1605 SEAL WAY Classification of RHD-20 (RESIDENTIAL HIGH DENSITY) Property: Request: FOR A CONDITIONAL USE PERMIT (CUP) TO ALLOW A SHORT- TERM VACATION RENTAL PROPERTY WITHIN THE RESIDENTIAL HIGH DENSITY(RHD-20)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. Code Sections: CHAPTERS 11.2.05; 11.4.05.135; AND 11.5.20 OF THE SEAL BEACH MUNICIPAL CODE Recommendation: APPROVE CUP 12-12, SUBJECT TO CONDITIONS. APPROVAL SHOULD BE THROUGH THE ADOPTION OF PLANNING COMMISSION RESOLUTION 12-22. ZAConditional Use Permits\CUP 12-12 1605 Seal Way(Vacation Rental)\CUP 12-12 1605 Seal Way PC Staff Report.doc Planning Commission Staff Report Conditional Use Permit 12-12 1605 Sea] Way October 3, 2012 FACTS ❑ On July 6, 2012, Frank and Jenny Tomich ("the applicant") filed an application with the Department of Community Development for Conditional Use Permit 12- 12 for a short-term vacation rental property at 1605 Seal Way. ❑ The property is nonconforming due to a substandard rear yard setback, substandard off-street parking, and exceeding the allowable density- three existing dwelling units on a lot where only one would be allowed per the current zoning code. ❑ The Municipal Code allows short-term vacation rentals within the RHD-20 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- 094-34; is 26-0" x 100'-0" in size; and comprises 2,500 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: Boardwalk; Beach; Pacific Ocean. EAST: Single and multi-family residences in the Residential High Density (RHD-20) zone. WEST: Single and multi-family residences in the Residential High Density (RHD-20) zone. ❑ The subject property is presently developed with a three-story, duplex main dwelling towards the front of the property (beach side), and a detached, two- story structure at the rear of the property with a two car garage and third dwelling unit on the second floor of the detached structure. ❑ Due to the nonconforming rear yard setback, there is not adequate space to park a standard sized automobile within the area between the garage and the rear property line. However, there are two additional open parking spaces adjacent to the garage that are accessible from Seal Way. ❑ The property was most recently sold in May 2012 and to staff's knowledge, has never been used as a legal, short-term vacation rental property. 2 Planning Commission Staff Report Conditional Use Permit 12-12 1605 Seal Way October 3, 2012 ❑ As of September 28, 2012, staff has received one email in opposition to the project, in response to the hearing notices that were mailed out and published for the proposed project. 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. 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 'grandfathering' 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 a new not previously 'grandfathered') short-term vacation rental property (renting for periods less than 30 days) within an existing, three-unit residential property at 1605 Seal Way. 3 Planning Commission Staff Report Conditional Use Permit 12-12 1605 Seal Way October 3, 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. The property owners are requesting to utilize the two units located within the three-story structure as short-term vacation rentals. The first floor unit is a two bedroom, two bathroom unit that is approximately 900 square feet in area. The second unit comprises the second and third floors; is a three bedroom, two bathroom unit, and is 4 Planning Commission Staff Report Conditional Use Permit 12-12 1605 Seal Way October 3, 2012 approximately 1,500 square feet in area. Based on the site plan and floor plan submitted by the applicants, staff recommends that occupancy be limited to not more than eight total guests for the three bedroom upstairs unit and not more than four total guests for the two bedroom downstairs unit, primarily because of the size of the units and constraints with the amount of off-street parking provided on the premises. There is a two car garage available on the premises, as well as two additional off-street parking spaces, and staff is recommending that all existing off-street parking be assigned to the two vacation rental units. One of the property owners presently live on the premises in the rear studio apartment located above the garages and has notified staff that he owns one car, which he parks on the street. Staff also recommends that the garage be kept free and clear of any obstructions that would prevent the vacation rental occupants' automobiles from utilizing the garage for parking at all times. This CUP would authorize the utilization of the two main existing dwelling units on the property as short-term vacation rental units, and not the studio unit located above the garage. Staff has no reason to believe that, if the property owners 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. Staff further believes that the recommended conditions of approval will prevent adverse impacts associated with a vacation rental property from occurring, but in -the unlikely event that they should occur, the City, through the CUP, has a means of code enforcement up to and including possible revocation of the CUP. 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. 5 Planning Commission Staff Report Conditional Use Permit 12-12 1605 Seal Way October 3, 2012 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 12-12, 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. For: October 3, 2012 .Pero 4- 0 1 era, AICP �Se or anner, Department of Community Development Attachments:(4) Attachment 1: Resolution No. 12-22, A Resolution of the Planning Commission of the City of Seal Beach, approving Conditional Use Permit 12- 12, for the establishment of a short-term vacation rental property, within the Residential High Density (RHD-20) zone at 1605 Seal Way, Seal Beach. Attachment 2: Interim Ordinance Number 1619-U regarding short-term vacation rental properties. Attachment 3: Email received in opposition to the proposed project Attachment 4: Project Plans 6 ATTACHMENT 6 PROJECT PLANS Eli+ ke P-1 C)e4,t I k'Y\ --------------- V, co b lie CA Rd)JS !pr 01 q rA�AiM ve 119 13,ea a 4 C A �d 7 ye) Irvo o AC 5' 1-z- VA T1 ro 0'rrt y el o�T,0A J'a6l O'JaL c A 30�IS' ;AJ 13 SO-1,PC,,-L" CA 90JYO Floor-