HomeMy WebLinkAboutPC Res 12-31 - 2012-12-19 RESOLUTION NUMBER 12-31
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL
BEACH DENYING CONDITIONAL USE
PERMIT 12-20 FOR A SHORT TERM
VACATION RENTAL AT 1115 and 1115%
SEAL WAY, SEAL BEACH
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH
DOES HEREBY FIND AND RESOLVE:
Section 1. On July 3, 2012, Alexander Yoffe ("the applicant"), an authorized
representative of the owner of 1115 and 1115% Seal Way (the "subject
property"), submitted an application to the City of Seal Beach Department of
Community Development for Conditional Use Permit (CUP) 12-20 to allow a
short term vacation rental at the subject property.
Section 2. A duly noticed public hearing was held before the Planning
Commission on November 7 and December 5, 2012 to consider the application
for Conditional Use Permit 12-20. At the Public Hearing, the Planning
Commission received and considered all evidence presented, both written and
oral, regarding the subject application. The record of the hearing includes the
following facts, which the Planning Commission finds to be true and correct:
a. The subject property is located in the Residential High Density
(RHD-20) zone area of Old Town Seal Beach, which is characterized by narrow
residential lots with narrow setbacks, which means that homes are very close
together. Additionally, the subject property and other properties on Seal Way in
its vicinity face the boardwalk and the beach. Thus, their only roadway access is
from the alleyway, which severely impacts traffic circulation and the availability of
on-street parking in the neighborhood.
b. The subject property comprises 2,700 square feet with lot
dimensions of 30'-0" by 90'-0" and is developed with a residential duplex. The
downstairs dwelling unit consists of three bedrooms and one bathroom and the
upstairs dwelling unit consists of three bedrooms and two bathrooms. The
property is nonconforming on the basis of: (1) density, because the Zoning Code
permits only one dwelling unit on the subject property; and (2) parking, because
the subject property only has one off-street parking spot for each unit and the
Zoning Code requires two spots for each unit.
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
EAST: Single and multi-family residences in the Residential
High Density (RHD-20) zone.
WEST: Single and multi-family residences in the Residential
High Density (RHD-20) zone.
d. The subject property is currently used for short-term vacation
rental, which has resulted in a regular turnover in short term residents and a
more intense level of use than that which typically occurs in residential
properties.
e. Neighboring residents have complained that the short term
residents of the subject property create excessive noise during their vacation
stays without regard to the concerns of neighboring long term residents, that the
operation of multiple vacation units on the subject property negatively impacts an
already deficient parking and traffic circulation environment; especially in light of
the nonconforming status of the subject property, that the coming and going of
maintenance and cleaning personnel create additional noise, traffic, and parking
impacts, and that there is an overconcentration of vacation uses in the vicinity of
the subject property that exacerbates the overall impacts in the neighborhood.
Section 3. Based upon the facts contained in the record, including but not
limited to those stated in the preceding Section of this Resolution, and pursuant
to Chapter 11.5.20 of the Seal Beach Municipal Code, the Planning Commission
makes the following findings:
a. Use of the subject property as a short term vacation rental is
inconsistent with the General Plan because the adverse noise, parking, and other
impacts from the use of the subject property as a short term vacation rental as
well as its potential contribution to an overconcentration of similar uses are
incompatible with the residential designation of the neighborhood.
b. The subject property is not physically adequate for the type, density
and intensity of use proposed because the neighboring residences are so close
that there can be no effective buffer for the sort of noise and other use impacts
created by short term occupancy of a nonconforming duplex and the street is so
narrow that the addition of multiple vehicles for vacation renters at a property that
is already nonconforming as to off-street parking 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. Approval of CUP 12-20
would also contribute to an overconcentration of similar uses that would
exacerbate these 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 of 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-
20, 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 19th day of December,
2012, by the following vote:
AYES: Comm issioners 7 6 -/ c/a��s re /
NOES: Commissioners Nova
ABSENT: Commissioners eier_SU,v
ABSTAIN: Commissioners ,tvnv6
1,tbtA, iht*//iii;te
Sandra Massa-Lavitt
Planning Commission Chair
Jim Basham
'Planning Commission Secretary