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HomeMy WebLinkAboutPC Res 24-01 - 2024-01-16RESOLUTION NO. 24-1 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT 23-5(H) TO ALLOW THE OPERATION OF A HOTEL USE WITHIN AN EXISTING RESIDENTIAL STRUCTURE LOCATED AT 1 ANDERSON STREET IN THE GENERAL COMMERCIAL (GC) ZONE AREA. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND, RESOLVE AS FOLLOWS: Section 1. Gregg and Mary DeNicola submitted an application to the City of Seal Beach Department of Community Development for Conditional Use Permit (CUP) 23-5 for the permitting of the operation of a hotel use at an existing residential property located at 1 Anderson Street (the "subject property"), which is located in the General Commercial (GC) Zone. Section 2. The property is known as Sunset Beach Water Tower and was converted from a functioning water tower to a single-family residence and nonconforming historic building through CUP 2-82(H), which allows for modification of the structure, including use, through Section 11.4.40.044 (Nonconforming Historic Buildings) provided the historic integrity of the building remains and the approval is done through a conditional use permit. Section 3. This project is determined to be a Class 1 (Existing Facility) Categorical Exemption pursuant to Section 15301 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the permitting of the operation of a hotel use within an existing residential structure where only minor modifications are required for the renovation and branding of the business. Section 4. A duly noticed public hearing was held before the Planning Commission on January 16, 2024, to consider the application for CUP 23-5. 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 public hearing indicates the following: A. The subject property site is located at 1 Anderson Street and is situated near the corner of Pacific Coast Highway and within close proximity to the east portion of Surfside Colony, a gated private residential community, and adjacent to and across the Pacific Coast Highway from commercial uses. The lot is currently developed as a unique five -level single-family residential structure that once served as a water tower. The subject site is in the General Commercial (GC) zoning area and is surrounded by commercial and residential uses. The tower structure is subject to historic CUP 2-82(H). Page 1 of 6 B. The subject property is approximately 1,329 square feet in size and the total building area is approximately 3,247 square feet. Required parking for a single-family residence is based on total unit count, not square footage, and two (2) parking spaces are required for the previously approved residential use. The property currently provides four (4) off- street parking stalls, two single car enclosed garage spaces, each with a tandem driveway space adjacent. C. The proposed use requires the approval of a Conditional Use Permit to allow the operation of a hotel use within the GC zone. Section 5. Based upon the facts contained in the record, including 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. The proposed use is consistent with the General Plan because the property is located in the General Commercial land use category, which specifically mentions hotels and motels as intended uses. The General Plan Land Use Element encourages revitalization and reuse within the project area in a logical, systematic manner, compatible with existing commercial uses. The proposed addition of a hotel/motel use provides additional services that are consistent with the existing land uses. As conditioned, the proposed use will allow for expanded use of an existing residential structure for short-term, overnight accommodation rental, which is compatible with the surrounding uses, while providing sufficient parking for all uses. B. The proposed use is allowed within the GC zone subject to approval of a Conditional Use Permit, and as conditioned, allowing a hotel use along with the residential use will comply with all applicable provisions of the Municipal Code. There are no structural changes proposed and parking is adequate for the use. C. The site is physically adequate for the type, density, and intensity of the use being proposed. The site contains adequate parking and circulation for the proposed single -unit hotel/motel use. D. The location, size, design, and operating characteristics of the proposed use would be compatible with the surrounding uses and will not adversely affect those uses or properties in the surrounding areas. As conditioned, the proposed hotel/motel use compliments the existing commercial uses and complies with the parking requirements and will not disrupt the existing character of the surrounding uses. E. The establishment, maintenance, and operation of the proposed use would not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. Sufficient conditions have been imposed to ensure that the use will comply with the Performance Standards set forth in Section 11.4.10.020 of the Zoning Code and will not create adverse impacts upon adjacent uses. The property will be consistent with the surrounding uses in the area. Page 2of6 F. The building has local historic significance as established through CUP 2-82-(H). The Planning Commission may authorize deviation from the Municipal Code necessary to preserve the structure or its historical significance, but no alterations to the structure are proposed or necessary to accommodate the hotel use. Section 6. Based upon the foregoing, the Planning Commission hereby approves CUP 23-5(H) for the operation of a hotel/motel use within an existing residential structure located at 1 Anderson Street, subject to the following conditions. 1. Conditional Use Permit 23-5(H) is approved for the operation of a single -unit hotel/motel use in conjunction with the residential use of an existing residential structure located on an existing commercially -zoned property, at 1 Anderson Street. 2. Unless otherwise modified by this Resolution, the existing conditions of CUP 2- 83(H), as approved by Planning Commission Resolution No. 1254, shall remain in full force and effect. All findings previously set forth in CUP 2-82(H) are hereby incorporated by reference as though set forth in full. 3. Any future proposed changes or modifications to the subject property or the use of the subject property shall require compliance with SBMC Section 11.4,40.055 (Nonconforming Historic Buildings), as now exists or may hereafter be amended. 4. A modification of this Conditional Use Permit shall be required when: a. There is a substantial change in the mode or character of operations of the uses on the subject property. b. There is a proposal to modify any conditions of approval. 5. A new Conditional Use Permit is required for any alteration of the structure, which must meet the requirements and findings for nonconforming historic buildings pursuant the Municipal Code. 6. Prior to commencing any hotel operations (overnight accommodation) at the subject property as a result of this CUP, the owner or other operator of the residential unit for hotel purposes shall obtain a City of Seal Beach business license and shall maintain a business license during all periods of time that the property is used for overnight accommodations. 7. The owner, or applicant on behalf of the owner, shall obtain City of Seal Beach building permits for all construction requiring such permits. 8. There shall be no dumping of trash outside the tank/tower structure between the hours of 10:00 PM and 7:00 AM. 9. The property and all guests and other occupants shall comply with Chapter 7.15, "Noise Control" of the Seal Beach Municipal Code as the regulations of that Chapter now exist or may hereafter be amended. 10. The Planning Commission reserves the right to revoke or modify this CUP in the event of any violation of the approved conditions or any violation of any provision of the Code of the City of Seal Beach. Page 3 of 6 11. The owner or other operator of the hotel business as a result of this CUP shall identify, to the satisfaction of the City, a local contact person, who shall be available twenty- four (24) hours per day, seven (7) days a week for: (1) responding within one hour to complaints regarding the condition, operation, or conduct of the rental or its occupants; and (2) taking any remedial action necessary to resolve such complaints. 12. At all times, use of the subject property shall comply with the following requirements with respect to occupancy and parking. In addition to any other requirements of this Resolution, the owner or other operator of the hotel business shall require that any person renting the subject property or any portion thereof, shall agree in writing to abide by the requirements of this condition as a condition of rental of the property. a. The subject property contains three bedrooms. Occupancy of the three- bedroom structure shall be limited to two persons per bedroom, plus two additional guests (including children), and a maximum occupancy for the entire structure not to exceed eight persons during any overnight rental. The owner or other operator of the hotel business as a result of the CUP shall not rent the property to more than eight persons at any time. b. Property owner shall maintain the existing four off-street parking spaces and renters shall be directed to utilize the provided spaces. c. Overnight occupants shall not hold large-scale events, or conduct meetings or conferences in conjunction with rental of the property for hotel purposes. 13. The owner or other operator of a hotel business at this site shall ensure that the overnight occupants do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions any Federal, State, or Local law pertaining to noise, disposal of waste, disorderly conduct, the consumption of alcohol, or the use of illegal drugs. 14. The owner or other operator shall, upon notification that occupants have created unreasonable noise or disturbances, engaged in disorderly conduct or committed violations of any law, including those pertaining to noise, disposal of waste, disorderly conduct, the consumption of alcohol or the use of illegal drugs, promptly prevent a recurrence of such conduct by those occupants, up to and including termination of the rental. 15. No signs indicating the subject property offers overnight accommodations shall be displayed on or at the property of any kind. 16. At all times, the business operator of the hotel shall prominently display these Conditions of Approval in a location within the business' customer area that is acceptable to the Community Development Director. 17. The owner or other business operator of the hotel shall provide information on the maximum allowed number of occupants, parking capacity and location of parking spaces, noise regulations and quiet hours, and trash and recycling disposal requirements in writing to prospective renters, prior to their occupancy. Page 4 of 6 18. The owner or other business operator of the hotel shall provide and maintain working fire extinguishers, smoke detectors, and carbon monoxide detectors, in compliance with applicable health, building, fire, and safety codes; and information related to emergency exit routes on the property, local contact, and emergency contact information. 19. Transient Occupancy Taxes (TOT) shall be collected pursuant to Seal Beach Municipal Code Chapter 4.35 and paid to the City as required by that Chapter. The Owner is solely responsible for the collection of all applicable TOT and remittance of the collected tax to the City in accordance with Chapter 4.35 of this Code (Uniform Transient Occupancy Tax). 20. The owner, any operator, and the occupants shall be responsible and liable for any activity which may create a nuisance or other tortious or criminal violations within the rental. 21. This Conditional Use Permit shall not become effective for any purpose unless/until a City "Acceptance of Conditions" form has been signed and notarized by the applicant and owner before being returned to the Community Development Department; and until the ten (10) calendar day appeal period has elapsed. 22. Approval of this request shall not waive compliance with all provisions of the Municipal Code, or all other applicable City Ordinances. 23. This CUP shall become null and void unless exercised within one 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 Community Development Department at least ninety days prior to such expiration date. The submittal of the signed and notarized Acceptance of Conditions form shall be considered the exercising of this CUP. 24. The applicant must indemnify, defend, and hold harmless the City, its agents, and employees (collectively "the City" hereinafter in this paragraph) 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. Page 5 of 6 PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on January 16, 2024, by the following vote: AYES: Commissioners CAMPBELL, COLES, MASSETTI, MINGIONE, WHEELER NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners ATTEST: Alexa Smittle Planning Commission Secretary Page 6 of 6