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Home My WebLink AboutPC Res 12-22 - 2013-03-20 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 1605 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 1605 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." 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. g. 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. 2 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 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 20th day of March, 2013, by the following vote: AYES: iCplCt � � MLvk, J ° M- NOES: Commissioners NI° h& ABSENT: Commissioners ° bercl ABSTAIN: Commissioners Norte /�.1I- Sandra Massa-Lavitt Planning Commission Chair Jim Basham ;'fanning Commission Secretary 4