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HomeMy WebLinkAboutPC Res 04-02 - 2004-01-21 '. RESOLUTION NUMBER 04-2 O..f>~ A RESOLUTION OF THE PLANNING COMMISSION OF THE 6'/fi ~ CITY OF SEAL BEACH APPROVING CONDITIONAL USE / ~ / PERMIT 04-2, ALLOWING THE OPERATION OF A BED AND ~ BREAKFAST FACILITY AT THE PROPERTY LOCATED AT 308 7TH ST., SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On December 13, 2003, Chris Verhulst (the "Applicant") filed an application with the Department of Development Services for Conditional Use Permit 04-2 for the operate a Bed and Breakfast facility at the property located at 308 ih St. Section 2. Pursuant to 14 California Code of Regulations 915305 and 9II(B) of the City's Local CEQA Guidelines, staff has determined as follows: the application for CUP 04-2 for the proposed interior remodeling is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 California Code of Regulations 915301 (Minor Alterations in Land Use Limitations), because the proposal involves a negligible expansion of an existing use; pursuant to 915305 (Minor Alterations in Land Use Limitations), because the proposal involves a minor alteration in land use limitation and does not involve either a property in excess of 20% slope or a change in land use or density. Section 3. A duly noticed public hearing was held before the Planning Commission on January 21, 2003, to consider the application for CUP 04-2. No written evidence was submitted for or against the project, and at the public hearing members of the audience spoke both in favor and against the proposal. Section 4. The record of the hearing of January 21, 2004 indicates the following: (a) On December 17, 2004, Chris Verhulst submitted an application for CUP 04-2 with the Department of Development Services. (b) Specifically, the applicant is proposing to operate a Bed and Breakfast facility in a Residential High Density (RHD) zone. Concurrently, the applicant is also requesting the property be designated within the Residential Conservation Overlay (RC) Zone. (c) The subject property contains approximately 5,875 square feet. (d) The subject property is described as Orange County assessor's parcel number 043-111-22 & 23. (e) The subject property contains an existing residential structure that has been deemed locally significant on a local historic policy statement by the City Council of the City of Seal Beach. (g) The surrounding land uses and zoning are as follows: NORTH - Apartments in a Residential High Density (RHD) zone and Commercial businesses along Pacific Coast Highway in a General Commercial (C-2) zone. SOUTH & EAST - various residential developments single family and multiple family in the Residential High Density (RHD) Zone. WEST - Businesses including The Pacific Inn and the Bay CIty Center in a General Commercial (C-2) zone. Page 1 of6 , Planmng CommISSIOn ResolutIOn No. 04-2 CUP 04-2 308 7th St Bed & Breakfast January 21,2004 Section 5. Based upon the facts contained in the record, including those stated in 94 of this resolution and pursuant to 9928-850 - 28-856, 28-2503 and 28-2504 of the City's Code, the Planning Commission makes the following findings: . Conditional Use Permit 04-2 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "Residential" zoning designation for the subject property and the Municipal Code permits Bed & Breakfast facilities in this zone subject to the issuance of a conditional use permit. The use is also consistent with the remaining elements of the City's General Plan, as the policies of those elements are consistent with, and reflected in, the Land Use Element. Accordingly, the proposed use is consistent with the General Plan. . The proposed change in use is consistent with surrounding residential and commercial uses. . The building and property at 308 7th St. are adequate in size, shape, topography and location to meet the needs ofthe proposed use of the property. . Required adherence to applicable building and fire codes ensures there will be adequate water supply and utilities for the proposed use. . This application will help accomplish the following City Goals to help protect the general health, safety, and welfare of the citizens of Seal Beach: · Integrate the preservation of locally significant historic structures into the public and private land use management and development process. · Encourage preservation and complimentary new development within the existing "Old Town" area of the City. · Preserve diverse architectural styles reflecting the City's history and encouraging a more livable urban environment. · Stabilize neighborhoods through the preservation of locally significant historic structures. · Encourage the rehabilitation and continued use of existing structures rather than their demolition. · Preserve, protect and enhance streetscapes and locally significant historic structures. Section 6. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 04-2, subject to the following conditions: 1. CUP No. 04-2 is approved to operate a Bed and Breakfast facility within the building commonly referred to as the "Krenwinkle House at 308 ih St. 2. No video games or similar amusements shall be permitted on the premises unless a separate conditional use permit is approved for that use. 3. Litter and trash receptacles shall be located at convenient locations inside and outside the establishment. Operators of such establishments shall remove trash and debris on an appropriate basis so as not to cause health problems. There shall be no dumping of trash and/or glass bottles outside the establishment between the hours of 10:00 p.m. and 7:00 a.m. 4. In the event staff determines security problems exist on the site, the Conditions of this permit may be amended, under the procedures of The Code of the City of Seal Beach, to require the provisions of additional security measures. 5. There shall be no live entertainment, amplified music, or dancing permitted within the outdoor dining area at any time. 6. The establishment shall comply with Chapter 13D, ''Noise Control", of The Code of the City of Seal Beach as the regulations of that Chapter now exist or may hereafter be Page 2 of6 , Planmng CommzsslOn ResolutIOn No 04-2 CUP 04-2 308 7th St Bed & Breakfast January 21, 2004 amended. Should complaints be received regarding noise generated by the establishment, the Planning Commission reserves the right to schedule the subject CUP for reconsideration and may require the applicant/operator to mitigate the noise level to comply with the provisions of Chapter 13D. 7. This CUP shall not become effective for any purpose unless/until a City "Acceptance of Conditions" form has been signed by the applicant in the presence of the Director of Development Services, or notarized and returned to the Planning Department; and untIl the ten (10) calendar-day appeal period has elapsed. 8. A modification of this CUP shall be applied for when: a. The establishment proposes to modify any of its current Conditions of Approval. b. There is a substantial change in the mode or character of operations of the establishment. 9. The Planning Commission reserves the right to revoke or modify this CUP pursuant to Articles 25 and 28 of The Code of the CIty of Seal Beach if harm or retail-related problems are demonstrated to occur as a result of criminal or anti-social behavior, including but not limited to the congregation of minors, violence, public drunkenness, vandalism, solicitation and/or litter. 10. This CUP shall become null and void unless exercised within one (I) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request for extension submitted to the Department of Development Services a minimum of ninety (90) days prior to such expiration date. 11. The recorded owner of the property shall be the operator of the bed and breakfast facility and resIde on the premises. No resident managers shall be allowed to operate a bed and breakfast facility. 12. The maximum stay for any occupants of a bed and breakfast facility shall be 10 consecutive days within a 30-day period. 13. The maximum number of guestrooms shall not exceed 6 for any separate bed and breakfast structure. 14. Guests shall check in and out only between the hours of9:00 a.m. and 8:00 p.m. 15. There shall be only one kitchen within each separate structure. The kitchen shall not be remodeled into a commercial kitchen. No cooking facilities shall be permitted in the guestrooms. 16. Breakfast shall be served to registered overnight lodgers only. No other meals shall be served. Incidental food and beverage service to registered overnight lodgers is permitted. 17. Bed and Breakfast facilities shall not have a separate apartment on the subject property. 18. There shall only be interior stairways to serve all habitable living spaces within the entire dwelling, including any basement or attic areas, except as may be approved through the Conditional Use Permit process to preserve the architectural integrity of an existing structure. 19. Each bed and breakfast facility operator shall keep accurate financial records and a current guest register including names, addresses and dates of occupancy of all guests. Upon reasonable notice, such information shall be available for examination by city officials and auditors. Page 3 of6 Planning CommIssIOn ResolutIOn No 04-2 CUP 04-2 308 7th St Bed & Breakfast January 21, 2004 20. Any exterior alteration made to a bed and breakfast facility for the rehabilitation, restoration or relocation of such structure shall be made according to the 1997 Code for Building Conservation. 21. No bed and breakfast facility shall be located in an attached dwelling unless said interior is modified to eliminate any attached dwelling units, exclusive of the resident operator living unit. 22. Bedroom rental units shall not occupy more than sixty percent (60%) of the living space ofthe subject structure. 23. A minimum of one off-street parking space shall be provided for each guestroom, and a minimum of one off-street parking space shall be provided for the resident owner. 24. Required off-street parking shall be provided within a garage for the owner's unit only; guest parking spaces may be provIded in a carport, driveway or open parking area. · Where feasible, parking areas shall be provided at the rear or side of the property, but in no case shall parking be provided within the established front yard. · When unenclosed parking spaces are located next to a residence, the unenclosed parking spaces shall be screened and maintained with dense planting or other appropriate screening to buffer the parking area from abutting properties. · No more than 25% of said required parking may be located upon a separate parcel as specified in Section 28-2209.2.b. Said parking to be provided on a separate parcel shall reqUIre Conditional Use Permit approval, including a parking management plan, prior to any utilization of said parking areas. Upon reasonable notice, such off-site parking availability may be confirmed by visual inspection by city officials. . The required on-site parking requirements for a bed and breakfast facility may be met by the provision of additional on-street parking spaces as a result ofthe closure of existing curb cuts, not to exceed a maximum of one space. 25. Signage shall be limited to a single sign affixed to the structure not exceeding 6 square feet in area identifying the name of the establishment. No internally illuminated or luminous tube signs shall be permitted. External lighting is permitted and shall be turned off no later than 10:30 p.m. 26. Incidental sales of goods and services shall be permitted, but shall be limited to registered guests only. 27. No receptions, private parties or similar activities, for which a fee is paid, shall be permitted. 28. All requirements of the Orange County Fire Authority and Orange County Health Department shall be met, except as may be modified in accordance with the provisions of subsection n), above. 29. The bed and breakfast facility shall comply with all applicable City ordinances, including but not limited to Chapter 11 (License and Business Regulations) and Chapter 22, Article 4 (Transient Occupancy Tax) of the Code of the City of Seal Beach. Applicant acknowledges and agrees that pursuant to the Code, a Transient Occupancy Tax is a tax on the privilege of an individual staying in a dwelling, and the tax must be paid unless an individual has stayed more than 30 consecutive days at the facility. Thus, if a corporation were to lease rooms from Page 40f6 .. Planning CommIssIOn ResolutIOn No 04-2 CUP 04-2 308 7th St Bed & Breakfast January 21, 2004 the bed and breakfast facility for an excess of thirty days so that its employees could stay there, the corporation will still be subject to the Transient Occupancy Tax because any individual employee would only be permitted to stay at the bed and breakfast facility for a maximum of 10 consecutive days. 30. All structures shall fully comply with the provisions of the Americans with Disabilities Act (ADA). 31. The property owner agrees to not seek any property tax abatements that may be applicable in Federal, State, or local law. 32. Any addition to a structure shall constitute no more than 50% of the total square footage of the original floor plan as provided by as-built plans of the existing structure, verified through review of site development plans and field inspections. 33. A bed and breakfast facility shall not be permitted to be converted to a multiple dwelling as defined in Section 28-230. 34. The applicant shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively "the City" hereinafter) from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of the use permitted hereby or the exercise ofthe 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. 35. The term of this permit shall be twelve (12) months, beginning the first day of operation of the new Bed & Breakfast operation. At the end of the initial term, the applicant may apply to the City for an indefinite extension. The Planning Commission may grant an extension as discussed above, provided that all Conditions of Approval have been met and no significant police or other problems have occurred. The applicant is hereby advised that a new application and accompanying fee must be submItted to the City prior to consideration of any extensions. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 21 st day of January 2004, by the following vote: AYES: Commissioners Sharp, Deaton, Eagar, Ladner, and Shanks NOES: Commissioners None ABSENT: Commissioners None ~;l~ 1'airmon of the Planning Commission Page 50f6 i '" e hittenberg Secretary of the Planning Commi sion Page 6 of6 Planning CommISSIOn ResolutIOn No 04-2 CUP 04-2 308 7th St Bed & Breakfast January 21,2004