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Home My WebLink AboutCC AG PKT 2004-02-23 #Y AGENDA REPORT DATE: February 23, 2004 ; TO: Honorable Mayor and City Council 6 / /„ A, THRU: John B. Bahorski, City Manager , d , ' FROM: Mac Cummins, AICP, Associate Planner SUBJECT: Zone Change Designation 04 -1 SUMMARY OF REQUEST: The applicant proposes to operate a Bed and Breakfast facility on a property eligible for designation as within the Residential Conservation Overlay zone. Under the provisions of the Municipal Code, such a property must be designated as within the Residential Conservation Overlay zone before a Bed and Breakfast Facility may commence operation. BACKGROUND: On January 21, 2004, the Planning Commission considered a request by the applicant for this business. On that evening, the Commission heard testimony both in favor and against the subject request. The Commission approved the Conditional Use Permit and adopted a resolution recommending to the City Council that the Council approve the requested zone change. The applicant is proposing to operate a Bed and Breakfast facility in a house which has been designated locally significant and placed on a local historic list by the City Council of the City of Seal Beach. Within the Residential Conservation Overlay Zone, such homes can be converted to and operated as Bed and Breakfast facilities, subject to meeting the provisions of the Municipal Code regarding Bed & Breakfast facilities, and obtaining a Conditional Use Permit. Provisions of Section 28 -850 — 28 -856 of the Code of the City of Seal Beach This section of the staff report will walk the Council through the provisions of Section 28 -850 of the Code and the requirements which an applicant must meet to qualify for consideration of operating a Bed & Breakfast. Firstly, any proposed Bed and Breakfast facility must be designated as a locally significant historic structure. The proposed house was designated by the City of Seal Beach City Council on August 14, 2000 and is commonly referred to as the Krenwinkle House. The definition of such structures is that they are residential in nature and were constructed prior to 1925. The proposed structure meets this criteria. Further, when the City Council adopted the ordinance which puts into Agenda Item place the Zoning Provisions, the following goals were listed as the intent for the adoption of the ordinance: • 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 encourage 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. Pursuant to Section 28 -852, several criteria must be met in order for a Bed and Breakfast use to be considered: (1) Property must be within 500 feet of the centerline of PCH; (2) Property must be located within 300 feet of an existing Hotel/Motel facility; (3) Minimum 50 foot wide lot fronting a public street; (4) Owner of the B & B shall reside on premises; (5) Maximum stay for any occupant shall be 10 consecutive days within a 30 day period; (6) Maximum number of guest rooms shall be 6; (7) Check in shall be 9 AM to 8 PM; (8) There shall be only 1 kitchen in each structure; (9) Breakfast shall only be served to registered guests; (10) B & B Facilities shall not have a separate apartment on the property; (11) No exterior stairways permitted, except pursuant to a CUP; (12) No Bed and Breakfast facility shall be operated in an attached dwelling; (13) Bedroom units shall occupy no more than 60% of the structure; (14) Minimum of 1 offsite parking space shall be provided per guest room and a minimum of 1 offsite parking space shall be provided for the owner; (15) signage shall be limited to a single sign affixed to the structure not exceeding 6 square feet in area; (16) No private receptions shall be allowed; (17) Incidental sales of goods and services shall only be provided to registered guests; (18) All structures shall comply with the ADA; (19) Property owner agrees to not seek any property tax abatement from any governmental agency and the facility shall be subject to use and occupancy taxes in the same manner as any other hotel /motel; (20) No addition to the structure shall constitute more than 50% of the total square footage of the original floor plan; and (21) The B & B shall not be allowed to be converted to apartment units should it ever cease to be a Bed and Breakfast. The project meets the above criteria in terms of building provisions and required distances. Development Standards The development standards for historic structures may deviate slightly from the standards in the underlying base zoning classification, which is the Residential High Density (RHD) zone. For example, the base zoning requires a 10% of lot width setback standard. Agenda Item Under the provisions of the RC- Overlay zoning, the applicant may deviate from this standard to a minimum 3 foot wide standard. Another example is that the height standard may be exceeded in order to maintain the structural integrity of the locally significant historic structure. The proposed Bed & Breakfast facility meets all development standards for the underlying zoning and therefore is in compliance with this provision. Further, the applicant is not seeking relief from any standard as part of this application. Under the provisions of Section 28 -856, the City has the ability to review and consider the site development plan and approve or deny such a request under a Conditional Use Permit hearing for the Bed & Breakfast facility. The Planning Commission considered this request and approved the Conditional Use Permit on January 21, 2004. The City does not, however, have the ability to deny the density of housing being proposed in this application. For example, if the application for a zone change which would allow a Bed and Breakfast should be denied by the City Council, the applicant could leave both the historic house and the new owner's house in place and own a property with 2 housing units on the land. The owner owns two lots and under the City's density and parking requirements, the applicant would have enough land to construct 2 housing units and provide the required parking (2 parking stalls per unit). As such, the applicant may proceed with construction of the owner's unit or second housing unit irrespective of the zone change application currently pending before the Council. The Planning Commission granted the Conditional Use Permit to the applicant and considered all parking, size, bulk, and associated development standards. The Commission found the proposed project to be in compliance with all applicable City standards in this area. Those items are not before the City Council this evening, but rather the application is specifically for a zone change only and the Council should consider whether or not the provisions of section 28 -850 — 28 -856 are applicable and should be applied to this property and grant the Residential Conservation Overlay designation. FISCAL IMPACT: None. All staff costs are reimbursed as a portion of the application fee. RECOMMENDATION: Approval and introduction of the lst reading of the proposed ordinance, giving a Res • 1 Conservation Overlay Zoning designation to the subject property. .. I 6 fri, Mac Cummins, AICP Associate Planner NOTED AND APPROVED: Agenda Item 1 � John B. B . " ;1, City Manager Atta : is (5) . Proposed Ordinance 2. Planning Commission Staff Report January 21, 2004 3. Planning Commission Minutes January 21, 2004 4. Planning Commission Resolution 04 -3 5. Code Sections Agenda Item Attachment 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF SEAL BEACH ADOPTING ZONE CHANGE 04 -1, PLACING A RESIDENTIAL CONSERVATION OVERLAY ZONE DESIGNATION ON THE PROPERTY LOCATED AT 308 -310 7 ST. IN THE CITY OF SEAL BEACH. THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1. On December 13, 2003, Chris Verhulst (the "Applicant ") filed an application with the Department of Development Services for Zone Change 04 -1 and Conditional Use Permit 04 -2 to operate a Bed and Breakfast facility at the property located at 308 -310 7th St and designate the property as within the Residential Conservation Overlay (RC) zone. On January 21, 2004, the Planning Commission of the City of Seal Beach approved the conditional use permit, allowing the applicant to operate a Bed and Breakfast, and adopted a resolution recommending to the City Council that the Council approve the requested Zone Change. Section 2. Pursuant to 14 California Code of Regulations §15305 and §II(B) of the City's Local CEQA Guidelines, staff has determined as follows: the application for Zone Change 04 -1 for the proposed interior remodeling is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 California Code of Regulations § 15301 (Existing Facilities), because the proposal involves a negligible expansion of an existing use. Section 3. Based upon the facts contained in the record, and pursuant to § §28 -850 — 28 -856 and Chapter 28, Article 26 of the Code of the City of Seal Beach, the City Council makes the following findings: • Zone Change 04 -1 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 with the Municipal Code, which permits Bed & Breakfast facilities at properties complying with certain standards, 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 -310 7 St. are adequate in size, shape, topography and location to meet the needs of the 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 4. The City Council hereby adopts Zone Change 04 -1, designating the subject property, described in "Exhibit A ", as Residential Conservation Overlay (RC), in addition to its current zoning designation, Residential High Density (RHD). Section 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council of the City of Seal Beach hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the day of , 2004. Mayor City of Seal Beach ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } 1, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing Ordinance is an original copy of Ordinance Number on file in the office of the City Clerk, introduced at a meeting held on the day of , 2004, and passed, approved and adopted by the City Council of the City of Seal Beach at a meeting held on the day of , 2004 by the following vote: AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmembers ABSTAIN: Councilmembers and do hereby further certify that Ordinance Number has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. City Clerk EXHIBIT "A" ZONE CHANGE 04 -1 (RESIDENTIAL CONSERVATION OVERLAY ZONE DESIGNATION FOR THE PROPERTY LOCATED AT 308 -310 7TH ST.) LEGAL DESCRIPTION OF SUBJECT PROPERTY Attachment 2 January 21, 2004 STAFF REPORT To: Honorable Chaimian and Planning Commission From: Department of Development Services Subject: Conditional Use Permit 04 -2 Residential Conservation Overlay Zone Designation 04 -1 308 7 St. GENERAL DESCRIPTION Applicant: CHRIS VERHULST Owner: CHRIST VERHULST Location: 308 7 ST. Classification of Property: RESIDENTIAL HIGH DENSITY (RHD) Request: The applicant proposes to operate a Bed and Breakfast facility within the Residential Conservation Overlay zone Environmental Review: THIS PROJECT IS CATEGORICALLY EXEMPT FROM CEQA REVIEW Code Sections: 28 -850; 28 -855; 28 -851; 28 -2503; 28 -2504 Recommendation: APPROVAL, SUBJECT TO CONDITIONS OF APPROVAL AS RECOMMENDED BY STAFF, AND AS MAY BE FURTHER REVIS ED BY THE COMMISSION AFTER CONSIDERING PUBLIC TESTIMONY. FACTS • On December 17, 2003, Chris Verhulst (the "Applicant ") filed an application with the Department of Development Services for Conditional Use Permit 04 -2 and Zone Change 04- 1 to be designated within the Residential Conservation Overlay Zone, in order to operate a Bed and Breakfast facility. CUP 04 -2 & Zone Change 04 -1 308 7 St. Janumy 21, 2004 • The proposed project consists of the following major components: - An approximately 4300 square foot residence which has been designated a locally significant historic structure by the City Council, which will have a dining room, living room, kitchen, and 6 guest rooms (1 downstairs); as well as an outdoor patio area. - An adjacent home in which the owners of the property intend to live while operating the Bed and Breakfast facility. - 6 on -site parking spaces. • The subject property contains approximately 5,875 square feet. The property is located on 7 St. in the Residential High Density Zone. The applicant is requesting the ability to make a zone change designation to Residential Conservation Overlay Zone, and CUP approval for the requested Bed & Breakfast land use. • The subject property has 50 feet of frontage on 7 St. • The nearest residential property is located immediately adjacent to the subject property on 7 St. • 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 Commerical (C -2) zone. • The subject property is considered to meet all on -site parking requirements. • The Planning Commission considered a similar request in 2000, when the draft ordinance for the Residential Conservation Overlay Zone was being considered. At that time, the Planning Commission's recommendation to the City Council regarding the RC zone was denial, and as such, denied the proposed CUP for a Bed and Breakfast facility. The Zone Text Amendment was ultimately approved by the City Council, and the applicant is now resubmitting his application for the Bed and Breakfast facility. Applicant's Statement: See attached application (Attachment 4). DISCUSSION The applicant is proposing to operate a Bed and Breakfast facility in a house which has been designated locally significant and placed on a local historic list by the City Council of the City of Seal Beach. Within the Residential Conservation Overlay Zone, such homes can be converted to and operated as Bed and Breakfast facilities, subject to meeting the provisions of the Municipal Code regarding Bed & Breakfast facilities, and obtaining a Conditional Use Pen Page 2 CUP 04 -2 & Zone Change 04 -1 308 7 St. Januaw 21, 2004 Provisions of Section 28 -850 — 28 -856 This section of the staff report will walk the Commission through the provisions of Section 28- 850 and the requirements which an applicant must meet to qualify for consideration of operating a Bed & Breakfast. Firstly, any proposed Bed and Breakfast facility must be designated as a locally significant historic structure. The proposed house was designated by the City of Seal Beach City Council on August 14, 2000 and is commonly referred to as the Krenwinkle House. The definition of such structures is that they are residential in nature and were constructed prior to 1925. The proposed structure meets this criteria. Further when the City Council adopted the ordinance which puts into place the Zoning Provisions, the following were listed as intent for the adoption of the ordinance: • 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. In section 28 -852, several criteria must be met in order for use to be considered. Firstly, the property must be: (1) Within 500 feet of the centerline of PCH; (2) Located within 300 feet of an existing Hotel /Motel facility; (3) Minimum 50 foot wide lot fronting a public street; (4) Owner of the B & B shall reside on premises; (4) Maximum stay for any occupant shall be 10 consecutive days within a 30 day period; (5) Maximum number of guest rooms shall be 6; (6) Check in shall be 9 AM to 8 PM; (7) There shall be only 1 kitchen in each structure; (8) Breakfast shall only be served to registered guests; (9) B & B Facilities shall not have a separate apartment on the property, and shall have only interior stairways, or must have a CUP; (10) No Bed and Breakfast facility shall be operated in an attached dwelling and bedroom units shall occupy no more than 60% of the structure; (11) Minimum of 1 offsite parking space shall be provided per guest room and a minimum of 1 offsite parking space shall be provided for the owner; (12) signage shall be limited to a single sign affixed to the structure not exceeding 6 square feet in area; (13) No private receptions shall be allowed, and incidental sales of goods and services will be allowed, but only to registered guests; (14) All structures shall comply with ADA; (15) Property owner agrees to not seek any property tax abatement from any governmental agency and the facility shall be subject to use and occupancy taxes in the same manner as any other hotel /motel; (16) No addition to the structure shall constitute more than 50% of the total square footage of the original floor plan; and (17) The B & B shall not be allowed to be converted to apartment units should it ever cease to be a Bed and Breakfast. The project meets the above criteria in terms of building provisions and required distances. Staff has conditioned the proposed - resolution to ensure that the approval reflects the requirements as set forth in the Municipal Code. The site plan for the structure show the following: Page 3 CUP 04 -2 & Zone Change 04 -1 308 7 St. January 21, 2004 • The house is setback approximately 12 feet from the front property line • There is an approximately 10 foot deep front porch, where the front door is located • The house is setback approximately 5 feet from the northerly property line • To the south, the back portion of the house is setback approximately 5 feet from the side property line, and there is an outdoor terrace with a trellis roof which is approximately 16 feet wide, by 34 feet deep • The owners residence will be located on the rear of the property, and includes a 3 car garage • The owners unit, while not a part of this application, will be two stories in height (on top of the garage for a 3 story building), and will be setback approximately 9 feet from the alley property line • There will be concrete pathways along both sides of the property • The existing house is approximately 22 feet in height. No additional height is proposed The floor plans show the following: • There will be a living room, dining room, kitchen, and 1 guest room on the 1 floor, as well as 1 full bathroom (With the guest room) and 1 half bath for common area use • On the second floor, there will be 5 bedrooms, each with an adjoining bathroom, and a small sitting area Parking The provisions of the code cited above refer to a minimum of 1 parking space per guest room to be provided, either in garage, carport, or paved surface. The applicant is proposing a 3 car garage, with 3 separate parking stalls to be provided on concrete. The applicant is also receiving a 1 parking space credit for closing an existing curb cut on 7 St. to the front of the house. Therefor, the applicant is providing 7 on site parking spaces, and 6 are required for the operation of a Bed and Breakfast Facility (1 per guest room — 6 guest rooms) + 1 for the operator for a total of 7 required spaces. As such, the facility is considered to meet all on -site parking requirements. Development Standards The development standards for historic structures may deviate slightly from the standards in the underlying base zoning classification, which is the Residential High Density (RHD) zone. For example, the base zoning requires a 10% of lot width setback standard. Under the provisions of the RC- Overlay zoning, the applicant may deviate from this standard to a minimum 3 foot wide standard. Another example is that the height standard may be exceeded in order to maintain the structural integrity of the locally significant historic structure. The proposed Bed & Breakfast facility meets all development standards for the underlying zoning and therefore is in compliance with this provision. Further, the applicant is not seeking relief from any standard as part of this application. Site Plan Review Page 4 CUP 04 -2 & Zone Change 04 -1 308 7 St. Januay 21, 2004 Under the provisions of Section 28 -856, the City has the ability to review and consider the site development plan and approve or deny such a request under a Conditional Use Permit hearing for the Bed & Breakfast facility. The City does not, however, have the ability to deny the density of housing being proposed in this application. For example, if the application for a Bed and Breakfast should be denied by the Planning Commission, the applicant could leave both the historic house and the new owner's house in place and own a property with 2 housing units on the land. The owner owns two lots and under the City's density and parking requirements, the applicant would have enough land to construct 2 housing units and provide the required parking (2 parking stalls per unit). As such, the applicant may proceed with construction of the owner's unit or second housing unit irrespective of the Conditional Use Permit application currently pending before the Commission. Standard of Review: The review and authority of the Planning Commission in this matter rests in the intent and provisions offered throughout the Zoning Code Provisions in Section 28 -850 - 28 -856. These provisions speak to the nature of the area and the intent and goals of the City with respect to attempting to retain the character and integrity of locally historic structures. The Commission has the discretionary power to approve or deny the operation of a Bed and Breakfast facility at the proposed location, should it decide to do so. It also has the authority to modify the site plan or floor plans as it sees fit. However, the Commission should consider the historic nature of the structure being considered here and the fact that this is not new development in the strictest sense of the word, as the structure already exists on the property. Therefor, forcing the property owner to move the structure as a condition of approval may not be feasible from a practical point of view. Staff's recommendation on this point is that the floor plan meets the spirit and intent of the code provisions with respect to location of facilities and would recommend that if the Commission votes to allow the Bed and Breakfast, that the proposed floor plans be acceptable. To this point, the Commission has the authority to deny the proposed zone change. The Commission can find, if it so desires, that the land use is incompatible with the surrounding land uses and should not be allowed in this location. However, the Commission must also balance this with the overall City goal of attempting to retain locally significant historic structures. RECOMMENDATION Staff recommends the Planning Commission, after considering all relevant testimony, written or oral, presented during the public hearing, approve Conditional Use Permit 04 -2 and Zone Change 04 -1, subject to conditions and a twelve -month review period. Staff's recommendation is based upon the following: • 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 Page 5 CUP 04 -2 & Zone Change 04 -1 308 7` St. January• 21, 2004 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 7 St. are adequate in size, shape, topography and location to meet the needs of the 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. Approval of Conditional Use Permit 04 -2 should be through the adoption of Resolution No. 04- with the following conditions in place: 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 7 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. Page 6 CUP 04 -2 & Zone Change 04 -1 308 7 St. Janumy 21, 2004 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 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 (1) 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 of 9:00 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. Page 7 CUP 04 -2 & Zone Change 04 -1 308 7 St. Januaiy 21, 2004 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 peiiiiitted. 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. 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 of the 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 Page 8 CUP 04 -2 & Zone Change 04 -1 308 7` St. Janumy 21,. 2004 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 confinned 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 of the 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. Bed and breakfast facilities shall be subject to the same use and occupancy taxes levied for motels and hotels under Chapter 11 of the Code of the City of Seal Beach. 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, films, 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 Page 9 CUP 04 -2 & Zone Change 04 -1 308 7 St. January 21, 2004 permitted by this Conditional Use Permit, and from any and all claims and losses occurring or resulting to any person, fillni, 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 restaurant. At the end of the initial tenn, 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. Mac Cummins "rICP ee Whitte sera Associate Planner /Special Projects Manager Director of Development Services Attachments (5): 1. Proposed Resolution — CUP 2. Proposed Resolution — Zone Change 3. Code Sections 4. Application 5. Plans Page 10 Attachment 1 RESOLUTION NUMBER 04- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CUP NO. 04 -2, ALLOWING THE OPERATION OF A BED AND BREAKFAST FACILITY AT THE PROPERTY LOCATED AT 308 7 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 7th St. Section 2. Pursuant to 14 California Code of Regulations §15305 and §II(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 §15301 (Minor Alterations in Land Use Limitations), because the proposal involves a negligible expansion of an existing use; pursuant to §15305 (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. Planning Commission Resolution No. 04- CUP 04 -2 308 7 St. Bed & Breakfast January 21, 2004 (e) The subject property contains an existing residential structure which 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 (R1-ID) 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 Raddisson Hotel and the Bay City Center in a General Commerical (C -2) zone. Section 5. Based upon the facts contained in the record, including those stated in §4 of this resolution and pursuant to § §28 -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 7 St. are adequate in size, shape, topography and location to meet the needs of the 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. Planning Connnission Resolution No. 04- CUP 04-2 308 7 St. Bed & Breakfast January 21, 2004 • 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 7th 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 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. Planning Commission Resolution No. 04- CUP 04 -2 308 7 St. Bed & Breakfast January 21, 2004 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 (1) 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 of 9:00 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 Planning Commission Resolution No. 04- CUP 04 -2 308 7 St. Bed & Breakfast January 21, 2004 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. 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 not occupy more than sixty percent (60 %) of the living space of the 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 confinned by visual inspection by city officials. Planning Commission Resolution No. 04- CUP 04 -2 308 7 St. Bed & Breakfast January 21, 2004 • 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 of the 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 pennitted. External lighting is pennitted 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. Bed and breakfast facilities shall be subject to the same use and occupancy taxes levied for motels and hotels under Chapter 11 of the Code of the City of Seal Beach. 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, finns, 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 Planning Commission Resolution No. 04- CUP 04 -2 308 7`" St. Bed & Breakfast Januaiy 21, 2004 pennitted 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 terra of this permit shall be twelve (12) months, beginning the first day of operation of the new restaurant. At the end of the initial teiiii, 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 day of , 2004, by the following vote: AYES: Commissioners NOES: Commissioners • ABSENT: Commissioners James Sharp, Chairman of the Planning Commission Lee Whittenberg Secretary of the Planning Commission Attachment 2 RESOLUTION NUMBER 04- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING ZONE CHANGE DESIGNATION 04 -1, DESIGNATING THE PROPERTY AT 308 7 ST. TO BE CONSISTENT WITH, AND TO BE INCLUDED WITHIN, THE RESIDENTIAL CONSERVATION OVERLAY ZONE. 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 Zone Change 04 -1 and Conditional Use Permit 04 -2 to the operate a Bed and Breakfast facility at the property located at 308 7 St and be designated within the Residential Conservation Overlay (RC) zone. Section 2. Pursuant to 14 California Code of Regulations § 15305 and §II(B) of the City's Local CEQA Guidelines, staff has determined as follows: the application for Zone Change 04 -1 for the proposed interior remodeling is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 California Code of Regulations §15301 (Minor Alterations in Land Use Limitations), because the proposal involves a negligible expansion of an existing use; pursuant to § 15305 (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, 2004, to consider the application for Zone Change 04 -1. 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 Zone Change 04 -2 with the Department of Development Services. (b) Specifically, the property is designated within the Residential High Density (RHD) Zone. Concurrently, the applicant is also requesting to operate a Bed and Breakfast facility in a Residential Conservation Overlay (RC) Zone through Conditional Use Pen 04 -2. This zone change would designate the subject property within the Residential Conservation Overlay (RC) Zone. (c) The subject property contains approximately 5,875 square feet. Planning Commission Resolution No. 04- CUP 04 -2 308 7 St. Bed & Breakfast January 21, 2004 (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 which 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 Raddisson Hotel and the Bay City Center in a General Commerical (C -2) zone. Section 5. Based upon the facts contained in the record, including those stated in §4 of this resolution and pursuant to § §28 -850 — 28 -856, 28 -2503 and 28 -2504 of the City's Code, the Planning Commission makes the following findings: • Zone Change 04 -1 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 7 St. are adequate in size, shape, topography and location to meet the needs of the 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. Planning Commission Resolution No. 04- CUP 04 -2 308 7` St. Bed & Breakfast January 21, 2004 • 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 Zone Change 04 -1, changing the designation of the subject property to Residential High Density (RHD) to Residential High Density with a Residential Conservation Overlay (RHD /RCO). PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the day of , 2004, by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners James Sharp, Chaimian of the Planning Commission Lee Whittenberg Planning Commission Resolution No. 04- CUP 04 -2 308 7 St. Bed & Breakfast January 21, 2004 Secretary of the Planning Commission Attachment 3 S 28 -800 Zoning S 28 -800 Article 8. Residential High Density Zone (RHD Zone) Section 28 -800. A. Permitted Uses. (1) All uses permitted in the RLD and RMD zones; (2) Apartment houses; (3) The following uses subject to issuance of a Conditional Use Permit: (a) Hotels lawfully existing on January 1, 1987, provided that a conditional use permit is granted therefore on or before January 1, 1988; (b) Fraternity and sorority houses; (c) Private clubs; (d) Residential board and care facilities for not more than fifteen persons; (e) Residential complexes of 150 units or more may be permitted accessory commercial uses subject to the following conditions and limitations: 1. All uses and services shall be designed for the specific convenience of the residents and their guests; 2. All uses shall be conducted wholly within an enclosed building; 3. All access to the accessory use shall be from a lobby, patio, courtyard or interior walkway; 4. No signage for such accessory use shall be visible from any public or private street; 5. A valid City business license shall be obtained for all operations. 7000 (Seal Beach 12/96) S 28 -800 Seal Beach City Code S 28 -801 (4) Other similar uses which, in the opinion of the Planning Commission, would not be detrimental to the neighborhood in which such uses would be located. B. Prohibited Uses. (1) Unless otherwise permitted in Subsection A, all uses prohibited in the RLD and RMD zones. (Ord. No. 1180; Ord. No. 1210, S1; Ord. No. 1221, S2; Ord. No. 1238, S3; Ord. No. 1380) Section 28 -801. General Provisions, Lot Size, Open Space, Bulk and Yards. (1) Minimum Lot Size: Width, interior lot - District I 25 ft. Districts II, VI 50 ft. Width, corner lot - District I 25 ft. Districts II, VI 55 ft. Depth - Districts I, II, VI 100 ft. Area, interior lot - District I 2,500 sq. ft. Districts II, VI 5,000 sq. ft. Area, corner lot - District I 2,500 sq. ft. Districts II, VI 5,500 sq. ft. (Ord. No. 1330, S6; Ord. No. 1348, S8) (2) Yard Dimensions (minimum): Yard abutting street - District I: Front 12 ft. average / 6 ft. minimum Side 15% lot width; 10 ft. max. required* Rear 0 ft. (Seal Beach 12/96) 7001 S 28 -801 Zoning S 28 -801 Districts II, VI: Front 18 ft. Side 15% lot width; 10 ft. max. required Rear 18 ft. Yard Abutting Alley - District I: Side 15% lot width; 10 ft. max. required* Rear 24 ft. minus width of alley Garage Abutting Side Alley 24 ft. minus width of alley (width of garage only) District II: Side 4 ft. Rear 24 ft. minus width of alley District VI: Side 0 ft. Rear 18 ft. Yard Abutting Seal Way - District I• 0 ft. Yard Not Abutting Street or Alley - District I: Side 10% lot width 3 ft. min., 10 ft. max. required ** Rear 3 ft. Districts II, VI: Side 10% lot width; 5 ft. min., 10 ft. max. required Rear 18 ft. (3) Density - Lot Area Per Dwelling Unit - District I 2178 sq. ft. District II 1350 sq. ft. District VI 960 sq. ft. * Exception. On lots of less than thirty -seven and a half (37.5) feet in width, an encroachment into the exterior side yard for the length of the required garage will be permitted provided that a setback of three (3) feet is maintained. The intent of this provision is to provide an interior garage width of eighteen (18) feet. ** Exception. Reverse corner lots three (3) feet minimum required. 7 002 (Seal Beach 12/96) S 28 -801 Seal Beach City Code S 28-802 (4) Minimum Floor Area - Districts I, II, VI 950 sq. ft. (5) Maximum Lot Coverage - District I 75% District II 60% District VI 80% (6) Maximum Building Height, Main Building: Lot widths, less than 37 1/2 ft. - District I 2 stories, 25 ft. maximum District II, VI 35 ft. Lot widths, 37 1/2 ft. or more - District I . Front 1/2 of lot 2 stories, 25 ft. maximum; Rear 1/2 of lot 3 stories, 35 ft. maximum * ** Districts II, VI 35 ft. (7) Maximum Building Height, Accessory Building - District I, II, VI 15 ft. (8) Landscaping 40% of Required Front Yard Minimum (Ord. No. 1348, S4) The Planning Commission may, by the issuance of a Conditional Use Permit, approve modifications in the required front yard setbacks provided minimum setback of six feet is maintained. Consideration may be given to open courtyards, patios or other functional open space located on the lot. Drive aprons, drive aisles, walkways, stairs, etc. shall not be considered as functional open space. The intent of this provision is to encourage individual design while providing functional open space to improve the quality of life. (Ord. No. 948; Ord. No. 1011, S6, S7; Ord. No. 1059, S10, S11; Ord. No. 1095, S3; Ord. No. 1135, S3; Ord. No. 1180, Si; Ord. No. 1207, S2; Ord. No. 1330, S6; Ord. No. 1403) Section 28 -802. Parking Requirements. (1) Minimum Dimensions per Space (interior dimensions) Districts I, II, VI 9 ft. x 20 ft. * ** Lots on Seal Way may locate a third story equal to the total square foot area allowed in the rear 1/2 of the lot with no limitation on placement, but shall be subject to required yards. (Seal Beach 12/96) 7 003 S 28 -802 Zoning S 28 -805 (2) Minimum number per Dwelling Unit District I and II 2 minimum, plus 1 guest space for each 7 dwelling units District VI 1 -1/2 (no guest parking required for less than 7 D.U.) (3) Form Districts I, II, VI Open & Accessible (4) Type Districts I, II Garage or Carport (guest space may be uncovered) District VI Garage or Carport (5) Residential board and care facilities: One for every three beds. (Ord. No. 948; Ord. No. 972, S2; Ord. No. 1011, S8; Ord. No. 1059, S12) Section 28 -803. Use of Garages and Carports. All required garages and carports shall be used for short -term parking of licensed passenger motor vehicles for persons residing on the premises. Required garages and carports shall not be used for storage of inoperable motor vehicles, boats, trailers, furniture, building materials or other materials which would interfere with the parking of licensed passenger vehicles. (Ord. No. 948) Section 28 -805. Roof - Mounted Mechanical Equipment. Roof - mounted mechanical equipment shall be architecturally screened. (Ord. No. 948) 7 004 (Seal Beach 12/96) Zoning S 28 -850 S 28 -850 Article 8.5. Residential Conservation Overlay Zone (RC -0 Zone) Section 28 -850. Purpose and Intent. The City Council has determined that the spirit, character and history of the City are reflected in the historic structures located within the City, and that in the face of ever increasing pressures of modernization, locally- significant historic structures are threatened with alteration, removal or demolition. Locally - significant historic structures are those residential structures constructed prior to 1925. This Article is enacted on the basis of public policy that supports the preservation of locally- significant residential structures within the City, and the need to provide incentives for owners to continue to occupy and maintain locally- significant historic structures as "bed and breakfast" facilities within appropriate areas of the City. These locally- significant historic structures represent the City's unique historical, social and cultural foundations, and should be preserved as living parts of community life and development in order to build a greater understanding of the City's past and give future generations the opportunity to appreciate, understand and enjoy the City's remaining historic heritage. This Article is intended to promote the public health, safety, and general welfare by: A. Integrating the preservation of locally- significant historic structures into the public and private land use management and development process at appropriate locations within the City. B. Encouraging preservation and complimentary new development within the existing "Old Town" area of the City. C. Preserving diverse architectural styles reflecting the City's history and encouraging a more livable urban environment. D. Stabilizing neighborhoods through the preservation of locally- significant historic structures. E. Encouraging the rehabilitation and continued use of existing structures rather than their demolition, as bed and breakfast facilities at appropriate locations within the City. F. Preserving, protecting and enhancing streetscapes and locally- significant historic structures. (Ord. No. 1455) 7050 (Seal each 8/00) Seal Beach City Code S 28 -851 28 -852 - Section 28 -851. Permitted Uses. (1) Any use permitted or conditionally permitted in the underlying base zone. (2) The following use subject to issuance of a Conditional Use Permit: (a) Bed and Breakfast facility. (Ord. 1455) Section 28 -852. General Provisions. (1) The uses specified in Section 28- 851(2) are permitted in the Residential Conservation Zone (RC -0 Zone) subject to the standards enumerated in subsection (3) of this section. (2) The uses specified in Section 28- 851(1) are permitted in the Residential Conservation Overlay Zone (RC -0 Zone) subject to the standards enumerated in the underlying base zoning provisions. (3) Uses listed in subsection (1) of this section shall comply with the following standards: (a) The subject property shall be located within 500 feet of the centerline. of Pacific Coast Highway. (b) The subject property shall be located within 300 feet of an existing hotel /motel facility. (c) The subject property shall have a minimum 50 -foot wide front yard width adjacent.to a public street right -of -way, and shall be not less than 100 feet in depth. (d) The subject property shall not be adjacent to an existing single- family residence on adjacent lots on the same side of the street within any residentially zoned area of the City. (e) 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. (f) The maximum stay for any occupants of a bed and breakfast facility shall be 10 consecutive days within a 30 day period. (Sea? Beach 8 /00) 7051 Zoning S 28 -852 S 28 -852 (g) The maximum number of guestrooms shall not exceed 6 for any separate bed and breakfast structure. (h) Guests shall check in and out only between the hours of 9:00 a.m. and 8:00 p.m. (i) 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. (j) 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. (k) Bed and Breakfast facilities shall not have a separate apartment on the subject property. (1) 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. (m) 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. (n) 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. (o) 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. (p) Bedroom rental units shall not occupy more than sixty percent (60 %) of the living space of the subject structure. (q) 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. 7052 (Seal Beach 8/00 Seal Beach City Code S 28 -852 S 28 -852 (r) 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. (1) 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. (2) 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. (3) 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. (4) 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 of the closure of existing curb cuts, not to exceed a maximum of one space. (s) 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. (t) Incidental sales of goods and services shall be permitted, but shall be limited to registered guests only. (u) No receptions, private parties or similar activities, for which a fee is paid, shall be permitted. (v) All requirements of the Orange County Fire Authority and Orange County Health Department shall be met, (Seal Beach 8/00) 7053 Zoning S 28 -852 S 28 -853 except as may be modified in accordance with the provisions of subsection (n) above. (w) Bed and breakfast facilities shall be subject to the same use and occupancy taxes levied for motels and hotels under Chapter 11 of the Code of the City of Seal Beach. (x) All structures shall fully comply with the provisions of the Americans with Disabilities Act (ADA). (y) The property owner agrees to not seek any property tax abatements that may be applicable in Federal, State, or local law. (z) 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. (aa) A bed and breakfast facility shall not be permitted to be converted to a multiple dwelling as defined in Section 28 -230. (Ord. No. 1455) Section 28 -853. Development Standards. T1 RC -O Zone includes additional regulations and uses over and above the base zoning of a particular property to encourage preservation of existing locally- significant residential structures. To permit orderly development and preservation of these locally- significant residential structures, the following standards shall apply: (1) Relocated structures: provisions of base zoning. (a) Relocated structures shall comply with current open space, bulk, and yard standards of the base zone. (b) Exception: Relocated structures may be permitted without a variance approval for side yard setbacks as long as a minimum 3 -foot side yard setback is maintained and the required deviation is not more than 25% from the base zoning provision. Relocated structures exceeding the height requirements shall be permitted without modification to the structure in order to preserve the historical significance and architectural integrity of the structure. (Ord. No. 1455) 7054 (Seal 9eac!; 8/00) Seal Beach City Code S 28 -854 28 -856 Section 28 -854. Roof - Mounted Mechanical Equipment. Roof - mounted mechanical equipment shall be architecturally screened. (Ord. No. 1455) Section 28 -855. Adoption of RC -0 Overlay Zone. The adoption of the RC -0 Overlay Zone in accordance with the provisions of Article 26 of this Chapter to a specific property shall be required before any property in the RC -0 Zone may be developed or used for the purpose set forth in Section 28- 851(2). (Ord. No. 1455) Section 28 -856. Approval of Site Development Plan. The approval of a site development plan for any use permitted in Section 28- 851(2) shall require a Conditional Use Permit as set forth in Section 28 -2503. (Ord. No. 1455) (Seal Beach 8/00) 7055 Attachment 4 Application for (Check one or: more):'. Conditional Use Permit (CUP). - _': Minor Plan ., evieN (M _: = :.: CITY OF SEAL BEACH Height Variation (HV) :. . PUBLIC HEARING APPLICATION ,GPA/Zone Change o_ Other Date Filed:::: FOR OFFICE. USE ONLY . Application No l` ,v.) 0' =A Resolution No Planning Commission Date' Date Complete: lete: 1. Property Address: 308 7th ST. 2. County Assessor's Parcel No: 043 043 3. Applicant's Name: Christopher and Constance Verhulst Address: 308 7th St. Seal Beach, Ca, 90740 Phone: Work X 62) 430 -3331 Home: (562 ) 626 -9262 FAX: (562) 430 - 3331 Mobile: (71 4 ) 445 - 8743 4. Property Owner's Name: Christopher and Constance Verhulst Address: 308 7th St. Seal Beach, Ca. 90740 Home Phone: ( 562) 626 -9262 5. General Plan and Zoning Designation: R - 6. Present Use of Property: R - 7. Proposed Use of Property: Bed and Breakfast 8. Request For: Zone overlay and a conditional use permit 9. Describe the Proposed Use: Owners will run a Bed and Breakfast establishment 10. Describe how and if the proposed improvements are appropriate for the character of the surrounding neighborhood: The Bed and Breakfast will be 1nr•Ated in A mix nsP neighhnrhnod. There are apartments, an hotel, a public library, an auto repair shop, and a lawyer's office Page 7 Rev. 6/03 11. Describe how and if the approval of this Permit would be detrimental in any way to other property in the vicinity: It will not be detrimental 12. Proof of Ownership Staff is to attach here a photocopy of a picture I.D. and a photocopy of the Grant Deed provided by the applicant. or Signed and notarized Owner's Affidavit to be completed and attached to the application. 13. Legal Description (or attach description from Title or Grant Deed): - Fi and 1 • .4 •n .•• • • .• e•• '•. : • . I u u • v , 7 ZZ i .�i� ,� By: (Si nacre of Applicant) - (Signature of Applicant) (Pint Name) (Pint Name) (Date) (Date) _. For Office'Use Only . •: This is to certify that I have inspected the foregoing application and found it to be thorough and complete. It conforms to the rules of the City of Seal Beach goveminq, the filing of an application. for an Unclassified Use. Permit (Print Name) (Signature) (Print Title) (Date) Page 8 Rev. 6/03 Environmental Information and Checklist Form For Office Use Only Application No.: Date Filed: General Information 1. Name and address of Developer or Project Sponsor: Name:Christopher and Constance Verhulst Address: 308 7th Street City: Seal Beach State: Ca. Zip : 90740 Telephone: 562.626.9262 FAX: 562.430.3331 2. Address of Project: 308 7th St. Assessor's Parcel Number: 043 043 3. Name, address, and contact information of Project Contact Person: Name: Christopher Verhulst Address: 308 7th St City: Seal Beach State: Ca. Zip: 90740 Telephone: 56 2.430.3331 FAX: 567.430.3331 E -mail Address: 4. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: Conditional use permit for operational standards 5. Existing zoning: R - Existing General Plan: R 6. Proposed use of site: The owners propose to run a Bed and Breakfast Page 11 Rev. 6/03 Project Description 7. Site size (square footage): 5875 8. Square footage of proposed Project: 3680 9. Number of floors of construction: 2 10. Amount of off - street parking provided: 6 plus one credit for curb cut 11. Existing and proposed impervious surface coverage (Impervious surface coverage includes all paved areas and building and /or structure footprints): Existing impervious coverage: 54 Proposed impervious coverage: 54 12. Attach plans including preliminary grading plans, drainage plans, Water Quality Management Plans (WQMPs) for large -scale developments, construction site Best Management Practices (BMPs) Plans. 13. Proposed scheduling of Project: open December 2004 14. Associated Projects: n . a . 15. Anticipated incremental development: n . a . 16. For residential projects, indicate the: A. Number of units: B. Schedule of Unit sizes: C. Range of sale prices or rents: D. Household size(s) expected: 17. For commercial projects, indicate the: A. Type of project: Bed and Breakfast B. Whether neighborhood, city or regionally oriented: City C. Square footage of sales areas: n . a . D. Gross building area: 3680 E. Size of loading facilities: n. a . 18. For industrial projects, indicate the: Pace 12 Rev. 6/03 A. Type of project: B. Estimated employment per shift: C. Size of loading facilities: 19. For institutional projects, indicate the: A. Major function: B. Estimated employment per shift: C. Estimated occupancy: D. Size of loading facilities: E. Community benefits derived from the project: 20. If the project involves a variance, conditional use permit/unclassified use permit, height variation or zone change application, state this and indicate clearly why the application is required: Variance: CUP: x Height Variation: Zone Change: Briefly explain: Bed and Breakfast on a R - 1 lot Are the following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets as necessary). YES NO x 21. Change in existing features of any bays, tidelands, beaches, lakes or hills, or substantial alteration of ground contours? x 22. Change in scenic views or vistas from existing residential areas or public lands or roads. x 23. Change in pattern, scale or character of general area of project. x 24. Significant amounts of solid waste or litter. x 25. Change in dust, ash, smoke, fumes or odors in vicinity. x - 26. Change in ocean, bay, lake, stream or ground water Page 13 Rev. 6/03 quality or quantity, or alteration of existing drainage patterns. x 27. Substantial change in existing noise or vibration levels in the vicinity. x 28. Site on filled land or on slope of 10 percent or more. x 29. Use or disposal of potentially hazardous materials, such as toxic substances, flammables or explosives. X 30. Substantial change in demand for municipal service (police, fire, water, sewage, etc.). x 31. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). x 32. Relationship to larger project or series of projects. Environmental Setting 33. On a separate page, describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. 34. On a separate page, describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one - family, apartment homes, shops, department stores, etc.), and scale of development (height, frontage, setback, rear yard, etc.). Attach photographs of the vicinity. Page 14 Rev. 6/03 • Environmental Impacts (Please explain all "Potentially Significant Impact ", "Less Than Significant with Mitigation Incorporated" and "Less Than Significant Impact" answers on separate sheets.) Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a 71 E scenic vista? b) Substantially damage scenic El El ❑ 0 resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing El El E visual character or quality of the site and its surroundings? d) Create a new source of substantial EJ El El n light or glare which would adversely affect day or nighttime views in the area? II. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique El 71 Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for EJ ❑ E O agricultural use, or a Williamson Act • contract? Pace 15 Rev. 6/03 Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact c) Involve other changes in the existing E environment which, due to their location or nature, could result in conversion of Farmland, to non- agricultural use? III. AIR QUALITY -- Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct El El E implementation of the applicable air quality plan? b) Violate any air quality standard or [71 E contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable EJ El [ 0 net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to 71 0 substantial pollutant concentrations? e) Create objectionable odors affecting a El E substantial number of people? IV. BIOLOGICAL RESOURCES -- Would the project: a) Have a substantial adverse effect, E 0 y , either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Page 16 Rev. 6/03 Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on El E 0 federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, . marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the El E 0 movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or El E 0 ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an EJ E 0 adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? V. CULTURAL RESOURCES -- Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Page 17 Rev. 6/03 Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact d) Disturb any human remains, including El ❑ Q those interred outside of formal cemeteries? VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: (i) Rupture of a known earthquake fault, E as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. (ii) Strong seismic ground shaking? EJ EJ E El (iii) Seismic - related ground failure, o a 0 including liquefaction? (iv) Landslides? 71 71 ri b) Result in substantial soil erosion or E ❑ 0 the loss of topsoil? c) Be located on a geologic unit or soil El El 0 that is unstable, or that would become unstable as' a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as El E 0 defined in Table 18 -1 -B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately 0 supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Page 18 Rev. 6/03 Less Than • Potentially Significant with Less Than Significant Mitigation Significant No Impact incorporated Impact Impact VII. HAZARDS AND HAZARDOUS MATERIALS -- Would the project: a) Create a significant hazard to the ❑ ❑ ❑ public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the ❑ ❑ ❑ public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle ❑ ❑ ❑ 0 hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? d) Be located on a site which is included ❑ ❑ ❑ ❑ on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport ❑ ❑ ❑ ❑ land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a ❑ ❑ ❑ private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically ❑ El ❑ ❑ interfere with an adopted emergency response plan or emergency evacuation plan? Page 19 Rev. 6/03 Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact h) Expose people or structures to a 171 71 .71 significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? VIII. HYDROLOGY AND WATER QUALITY -- Would the project: a) Violate any water quality standards or EJ El 71 171 waste discharge requirements? b) Substantially deplete groundwater El El E supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing EJ o drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? d) Substantially alter the existing El EJ E 0 drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? e) Create or contribute runoff water El El E which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water El EJ quality? Page 20 Rev. 6/03 Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood • hazard delineation map? h) Place within a 100 -year flood hazard El El E area structures which would impede or redirect flood flows? i) Expose people or structures to a E 71 E le significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or El E mudflow? k) Potentially impact stormwater runoff El El 71 II from construction activities? I) Potentially impact stormwater runoff El El E from post- construction activities? m) Result in a potential for discharge of EJ El 71 ", stormwater pollutants from areas of material storage, vehicle or equipment fueling, vehicle or equipment maintenance (including washing), waste handling, hazardous materials handling or storage, delivery areas, loading docks or other outdoor work areas? n) Result in the potential for discharge of El E n stormwater to affect the beneficial uses of receiving waters? o) Create the potential for significant EJ ❑ E 0 changes in the flow velocity or volume of stormwater runoff to cause environmental harm? p) Create significant increases in erosion El [1 E of the project site or surrounding areas? IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established El El community? Page 21 Rev. 6 /03 Less Than • Potentially Significant with Less Than • Significant Mitigation Significant No Impact Incorporated • Impact Impact b) Conflict with any applicable land use n EJ E 0 plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat n conservation plan or natural community conservation plan? X. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a E Q known mineral resource that would be of • value to the region and the residents of the state? b) Result in the loss of availability of a E a locally - important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? XI. NOISE -- Would the project result in: a) Exposure of persons to or generation EJ EJ El n of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation EJ of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in EJ El E ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic E 0 increase in ambient noise levels in the project vicinity above levels existing without the project? • Page 22 Rev. 6/03 Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact e) For a project located within an airport 171 and use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a E E private airstrip, would the project expose people residing or working in the project area to excessive noise levels? XII. - POPULATION AND HOUSING -- Would the project: a) Induce substantial population growth E El E El in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of EJ El E existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of El people, necessitating the construction of replacement housing elsewhere? XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? El 71 0 Page 23 Rev. 6/03 Less Than • Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Police protection? Schools? El 7 Parks? 71 El (� Other public facilities? 71 0 XIV. RECREATION a) Would the project increase the use of E existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational El facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XV. TRANSPORTATION /TRAFFIC -- Would the project: a) Cause an increase in traffic which is EJ (� substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on • roads, or congestion at intersections)? b) Exceed, either individually or EJ El E cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? • Page 24 Rev. 6/03 Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? E g) Conflict with adopted policies, plans, n or programs supporting alternative • transportation (e.g., bus turnouts, bicycle racks)? XVI. UTILITIES AND SERVICE SYSTEMS -- Would the project: a) Exceed wastewater treatment n requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of E new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of ❑ new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the E a a wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Pace 25 Rev. 6/03 Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact f) Be served by a landfill with sufficient El EJ E n permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? h) Would the project include a new or EJ E 7 retrofitted storm water treatment control Best Management Practice (BMP), (e.g. water quality treatment basin, constructed treatment wetlands), the operation of which could result in significant environmental effects (e.g. increased vectors and odors)? • XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to 0 E1 degrade the quality of the environment, substantially reduce the habitat of a fish • or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that El El E 0 are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that • the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental E ❑ E n effects which will cause substantial adverse effects on human beings, either directly or indirectly? Page 26 Rev. 6/03 NOTE: Before a Lead Agency can accept this application as complete, the applicant must consult the lists prepared pursuant to Section 65962.5 of the Government Code and submit a signed statement indicating whether the project and any alternatives are located on a site which is included on any such list, and shall specify any list. Hazardous Waste and Substances Statement The development project and any alternatives proposed in this application are contained on the lists complied pursuant to Section 65962.5 of the Government Code. Accordingly, the project applicant is required to submit a signed statement which contains the following information: 1. Name of applicant: Christopher and Constance Verhulst 2. Street: 308 7th St. 3. City: Seal Beach, Ca. 90740 90740 4. Zip Code: 5. Phone Number: 2 4 - 10 3331 6. Address of site (street and zip): 308 7th St. 90740 7. Local Agency (city /county): Seal Beach, Orange County 8. Assessor's Parcel Number: 043 - 111 -22, 043 - 111 -23 9. Specify any list pursuant to Section 65962.5 of the Government Code: 10. Regulatory identification number: n . a . 11. Date of list: Date: /7 Signature: . '� , Ar Applicant: 1 �G' /.S�TQ �� r/� / ' � / PP �� Page 27 Rev. 6/03 NOTE: In the event that the project site and any alternatives are not listed on any list complied pursuant to Section 65962.5 of the Government Code, then the applicant must certify that fact as provided below. I have consulted the lists complied pursuant to Section 65962.2 of the Government Code and hereby certify that the development project and any alternatives proposed in this application are not contained on these lists. Date: Signature: e44 Applicant: C4/ I/ / 1 (At Page 28 Rev. 6/03 PROPERTY OWNER'S AFFIDAVIT STATE OF CALIFORNIA } CITY OF SEAL BEACH } COUNTY OF ORANGE } (I) /(We) Christopher and Constance Verhulst (Name) swear that (I am) /(we are) the owner of the property at: 308 7th St. Seal Beach Ca. 90740 (Street Address) (City) (State) (ZIP) and that4m) /(we are) are familiar with the rules of the City of Seal Beach for preparing and filing a Plan Review application. The information contained in the attached Plan Review application is correct to the best of .may) /(our) knowledge and $) /(we) approve of this application to do the following work: to establish a Bed and Breakfast Christopher Verhulst '� �c� // C'nnstanr Verhn1 st � �lecember 1 7, 2003 (Print Name) (Signature) (Date) 308 7th St. Seal Beach, Ca. 90740 562.626.9262 (Address - Please Print) (City, State & Zip) (Telephone) SUBSC RIB D AND SWORN TO BEFORE M THIS ` i • Y OF ,I 2.GPI /per o 3 ___•xteaffidte...■■...._ Notary Public r EDWARD W. HEPRO Comm sslon 8 1442911 .i Notary Public - California * V - 1 1 # 9 Orange-County I My Comm. Expires Sep 30, 2007 Page 31 Rev. 6/03 S P^,-777t is 77.' 8nrv7 RECORDING REQUES'IED BY Recorded in t he Cou iiii L G ranvil le tY of Orange C a AND WHEN RECORDED MAIL TO: II IIIIIIII I I IIIII IIIIII I IIIIIIIIIII C1 e rk /Re e r fornia Christopher P. Verhulst IIIIIIIIIIIIII s ee Constance Verhulst 1 @401013 08; 00am 06/ P.O. Box 15482 004 64 22 0 GAT 01/99 Newport Beach, CA 9269 0000 1 0 ' 00 10 6.00 0.00 0.00 0 .00 198.00 Space Above This Line for Recorder's Use Only A.P.N.: 043-111-22/1.3 Order No.: 300464 -33 Escrow No.: 98042JS GRANT DEED THE UNDERSIGNED GRANTOR(s) DECLARE(s) THAT DOCUMENTARY TRANSFER TAX IS: COUNTY $396.00 F X ] compud full al of pp co, ] unincorporated area; [ SEAL BEACH ] City of ] computed on on ful v 7ir l value ue less v erty of liens or nveyed encumb rances remaining at time of sale, I Seal Beach , and 1rr FOR A VALUABLE CONSIDERATION, Receipt of which is hereby acknowledged, G'� Marrieta F. Olson, Trustee of the Olson Family Trust dated November 19, 1993 hereby GRANT(S) to Christopher P. Verhulst and Constance Verhulst, Husband and Wife as Joint Tenants the following described property in the City of Seal Beach, County of Orange State of California; Lot 8 and 10 in Block 207 of Tract Stanton & Lothian's First Addition to Bay City, in the City of Seal Beach, County of Orange, California as per map recorded in Book 3, Page(s) 29, of Miscellaneous Maps in the Office of the County Recorder of said County. Marrieta F. Olson, Trustee of the Olson Family, Trust dated November 19, 1993 . BY: \ &_/✓'�(.Z& C--e_ ,- ,cJ Marrieta F. Olson, Trustee Document Date: March 30. 1999 STATE OF CALIF RNIA )SS COUNTY OF �l,') P C �eS ) ` On 0._)9R-, ` '1 \ Cl t C1 before me, �P h �1 1'� -� _ l� . Cj re.. 1 L C personally appeared f Y) CL.-(Z _R...1 e / 0 I , S n ✓) -- - personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies) and that by his/her /their signature(s) on the instrument • the person o e entity upon behalf of which the / rson(s) acteexecuted the instrument. WITNE S my h d and offleial eal . Signa re 1 �. t ' �I ' - I/U7 This area for official notarial seal. • / JENNIFER L. STER'UD - ,. _--� ='- COMM. # 1131949 a i ' i \ ____, ' No P ublic - California ltl • \ i .' LOS ANGELES COUNTY t MY COMMISSION EXPIRES MARCH 31, 2001 Mail Tax Statements to: SAME AS ABOVE or Address Noted Below Attachment 5 Attachment 3 City of Seal Beach Planning Commission Meeting Minutes of January 21, 2004 modification to the drive aisle. Commissioner Ladner stated that the modifications as z presented by Mr. Reyes make a lot of sense and he would vote to approve CUP 04 -1. 3 Mr. Whittenberg stated that since Mr. Reyes explanation is not on the public . record this 4 would have to be done. He recommended that Chairperson Sharp re -open the public 5 hearing. 6 7 Chairperson Sharp re- opened the public hearing. 8 9 Using the site plan, Mr. Reyes then presented his proposal for the parking lot 10 configuration, leaving the cut in the right side of the main drive aisle. 11 12 There being no one else wishing to speak, Chairperson Sharp closed the public 13 hearing. 14 15 Mr. Cummins confirmed the hours of operation as proposed by Mr. Reyes, and he also 16 noted that Condition No. 2 is to be removed from Resolution 04 -4. 17 18 MOTION by Ladner; SECOND by Deaton to approve Conditional Use Permit 04 -1 and 19 adopt Resolution 04 -4 as amended. 20 21 MOTION CARRIED: 5 — 0 22 AYES: Sharp, Deaton, Eagar, Ladner, and Shanks NOES: None ABSENT: None 25 26 Mr. Abbe advised that the adoption of Resolution No. 04 -4 begins a 10 -day calendar 27 appeal period to the City Council. The Commissioner action tonight is final and the 28 appeal period begins tomorrow morning. 29 30 31 3. Residential Conservation Overlay Zone 04 -1 & Conditional Use Permit 04 -2 32 308 — 7 Street 33 34 Applicant/Owner: Chris Verhulst 35 Request: To operate a Bed and Breakfast facility at a requested 36 Residential Conservation Overlay Zone property at 308 37 Seventh Street. In April 2000 City Council of the City of 38 Seal Beach adopted Ordinance 1455 allowing Bed & 39 Breakfast facilities within the Residential Conservation 40 Overlay Zone, subject to approval of a Zone Change 41 request for a Residential Conservation Overlay Zone and 42 approval of a Conditional Use Permit. The proposed 43 house is designated a locally historic structure by the City 44 Council (Policy Statement) and is generally referred to as the Krenwinkle House. The proposed facility will have 4,300 square feet, and 6 guest rooms. It is proposed to Page 7 of 23 City of Seal Beach Planning Commission Meeting Minutes of January 21, 2004 have 5 guest rooms upstairs, and 1 downstairs. Also z proposed are 6 on -site parking spaces. 3 4 Recommendation: Approval subject to conditions and adoption of Resolution 5 Nos. 04 -3 and 04 -2. 6 7 Staff Report 8 9 Mr. Cummins delivered the staff report. (Staff Report is on file for inspection in the 10 Planning Department.) He provided some background information on this item and 11 noted that approval of both the Residential Conservation Overlay Zone (RCOZ) and a 12 Conditional Use Permit (CUP) are required in order to operate a bed and breakfast 13 (B &B) establishment within the City of Seal Beach. He stated that currently the 14 proposed property is located within the Residential High Density (RHD) Zone and under 15 the provisions of the Bed & Breakfast Ordinance there are a number of restrictions and 16 criteria that a property must meet in order to apply for a CUP to operate a B &B. He 17 emphasized that under this ordinance the structure proposed for the B &B must have 18 been designated as a historically significant building. He stated that this home was 19 constructed prior to 1925 and meets the rest of the criteria as outlined in Section 28 -852 20 of the City Code. He indicated that in August 2000 City Council (CC) adopted a Policy 21 Statement listing this house as historically significant. He noted that it has a dining 22 room, living room, kitchen, and six guest rooms, including one downstairs, with a bathroom for each guest room and an additional half bath on the ground floor. He stated that the property contains approximately 5,800 square feet, making it a double lot 25 downtown with 50 feet of frontage along 7 Street. He described the surrounding land 26 uses as follows: 27 28 NORTH: Apartments in a Residential High Density (RHD) Zone and 29 commercial businesses along Pacific Coast Highway (PCH) in a 30 General Commercial (C -2) Zone. 31 32 SOUTH & EAST: A number of single and multi - family residential developments in 33 a Residential High Density (RHD) Zone. 34 35 WEST: Commercial businesses including the Pacific Inn Hotel and the 36 Bay City Center in the General Commercial (C -2) Zone. 37 38 Mr. Cummins reported that in 2000 the CC began discussion on creating a RCOZ as a 39 means to preserve older historic structures within the City. He said that at that time the 40 City designated two homes on the list of historically significant structures and created 41 the ordinance that became the B &B Ordinance, which set forth the criteria for intent of 42 why this was done. He indicated that one of the ideas CC had was that potentially 43 these historic structures could be salvaged if there were some economic incentive to do 44 this. The Associate Planner described the Krenwinkle House as having a front setback of approximately 12 feet from the front property line with a 10 -foot deep front porch and 5 -foot side yard setbacks. He noted that the owner's residence would be a 2 -story 47 structure above the 3 -car garage located to the rear of the property. He said that the Page 8 of 23 City of Seal Beach Planning Commission Meeting Minutes of January 21, 2004 parking requirement is for one parking space per guest room and one for the B &B z operator, for a total requirement of 7 parking spaces. He stated that six on -site parking 3 spaces are to be provided, and the applicant is to receive one space credit for closing 4 up what was an existing curb cut on the property. Mr. Cummins then stated that within 5 the ordinance there are a number of provisions allowing a B &B operator to vary from 6 development standards and be subject the Uniform Building Code (UBC) with respect to 7 historic structures. He noted that in this case the operator would meet all current 8 development standards. He said that the PC has the right to alter the site plan, as it 9 deems appropriate; however, Staff would like to note that the structure already exists on 10 the site and any changes would be difficult to make at this point. Staff, therefore, 11 recommends approval of CUP 04 -2 with the existing floor plan. Mr. Cummins then 12 referred to Condition 29 of the draft resolution and noted that Staff has provided 13 clarification regarding calculation of the Transient Occupancy Tax. He then explained 14 that the PC has two resolutions before them tonight: One to designate the property to 15 be within the RCOZ, and the second to approve CUP 04 -2. 16 17 Commissioner Questions 18 19 Commissioner Shanks stated that since the back unit is not yet constructed, approval of 20 this application would require that the unit above the garage be a single - family 21 residence (SFR) and not any type of apartments. He noted that there could only be one 22 other unit on the property as parking for a third or fourth unit could not be provided. Mr. ^eA Cummins stated that whether or not additional parking could be provided, there could be no more than one other unit on the property because the City's density standard 25 does not allow for more than two units on the lot. 26 27 Public Hearing 28 29 Chairperson Sharp opened the public hearing. 30 31 Mr. Chris Verhulst provided a brief history on the Krenwinkle House and stated that in 32 2000 he had proposed the B &B plan, which would have included the Proctor House, 33 which was in probate at the time. He said his plan was to move both homes onto the 34 property at 308 — 7th Street; however, the person who had purchased the Proctor House 35 had made plans to demolish the house and replicate it, so he redrew his plans to make 36 only the Krenwinkle House the B &B, which are the plans before the PC tonight. He 37 stated that the front house is near completion and with time the parking and the owner's 38 home will be completed. He projected December 2004 as an opening date for the B &B. 39 40 Ms. Diana Jacoby stated that her family owns the property at 301 - 7th Street. She 41 stated that the property is currently being leased by Seal Beach Auto, Mr. McKenly 42 Nguyen, Proprietor. She said that they have had a business at that location for 47 43 years and the auto repair business has been there for 13 years and there have never 44 been any complaints until last year. She said she had polled all the business owners in this neighborhood and found that no one other than the applicant has any problems with her property. She said when the applicant purchased the property at 308 — 7 Street he Page 9 of 23 City of Seal Beach Planning Commission Meeting Minutes of January 21, 2004 was fully aware that this was a mixed -use neighborhood. She indicated that since Mr. z Verhulst had moved onto the property there have been numerous complaints regarding 3 operation of the auto shop, including security lighting at night, closing the shop at 7:00 4 p.m., notifying customers that they cannot park on his side of a public street, and Mr. 5 Nguyen "working outside" the auto repair structure. She noted that in an effort to be a 6 good neighbor they have complied with all of Mr. Verhulst's requests. She noted that 7 her family have not complained that it has taken 4 years to complete the project when 8 they had to deal with construction noise, or when he placed a boat on a public sidewalk 9 for weeks, or when he parks an oversized commercial landscape vehicle on the street 10 next to the auto shop property every night, or when he parked his personal vehicle on 11 the auto shop property without permission, or after Mr. Verhulst has lived on the 12 property for years without providing one usable parking space. She cited incidences of 13 the Code Enforcement Officer visiting her property and taking photographs. She stated 14 that this because they have received no correspondence from the City since September 15 2003, it is beginning to feel like this is bordering on harassment. She said the B &B is a 16 beautiful building and would be an asset to the neighborhood, but she questions the 17 wisdom of granting a permit to someone who appears to be so unhappy with his 18 decision to place his business at its current location. She recommended denial of this 19 application until such time as the applicant is able to provide one usable parking space 20 per sleeping unit including the owner's quarters, and that the property be cleared of 21 debris and paved with cement or asphalt as City Code requires. She requested clarity 22 on the City's Code Enforcement Policy. She asked if there is to be one parking space per sleeping unit and one for the owner's unit, where would the owner and any employees park their vehicles? Where will the owner park his commercial vehicle? Ms. 25 Jacoby then requested that she be provided with a legal description of what constitutes 26 working outside. She said that she had previously made a request for this information, 27 but had received nothing. 28 29 Mr. Jim Caviola said that he is not speaking against the project, but he is concerned that 30 the City got so involved in a zoning issue to save a house that was never saved. He 31 said that although the home is beautiful, originally the Krenwinkle House measured 32 approximately 1,000 square feet and it now measures 4,400 square feet. He said that 33 construction a B &B under the guise of saving a historic structure, when two- thirds of the 34 building as it stands now was constructed from scratch within the last three years, none 35 of which is historical. He cautioned that in the future the City must have better 36 standards to prevent someone putting a cupola at the top of a structure and build a 37 10,000 square foot B &B simply to preserve the historic front door of a house. Mr. 38 Caviola stated that allowing this was reckless and inconsistent. 39 40 Mr. Thomas Wilson spoke in opposition to this application. He stated that parking in Old 41 Town is already at a premium and with metered parking going into Electric Avenue from 42 Main Street to 6 Street and permitted 2 -hour parking on 7 Street; this will further 43 reduce the number of on- street parking spaces available. He expressed his concern 44 that adequate parking would be provided for guests of the B &B as well as parking for the owners personal and business vehicles and for employees of Mr. Verhulst's landscaping business. He noted that on many occasions construction work on the B &B Page 10 of 23 City of Seal Beach Planning Commission Meeting Minutes of January 21, 2004 has taken place before 7:00 a.m. Mr. Wilson inquired as to whether the proposed parking in the 3 -car garage is included in the 6 parking spaces for B &B guests? 3 4 Mr. Warren Morton stated that in driving by the B &B he could not see where the parking 5 area is to be located. He questioned how 8 parking spaces would fit in a 50 -foot area? 6 He recommended denial of RCOZ 04 -1 and CUP 04 -2. 7 8 Ms. Mitzi Morton stated that she is appalled to learn that Mr. Verhulst is running a 9 landscaping out of the property at 308 — 7 Street. She said cited a similar situation on 10 13 Street where one of the owners operates a landscaping business. She stated that 11 the employees gather there every morning and they have three large trucks. She 12 indicated that this would be the same thing that would occur on 7 Street. Ms. Morton 13 commented that she did not believe that Mr. Verhulst should be able to operate a B &B, 14 live on the property, and also run a landscaping off the same property. 15 16 Mr. Michael Newton stated that he is acquainted with both Mr. Nguyen of Seal Beach 17 Auto and with Mr. Verhulst. He stated that Mr. Nguyen is a good mechanic and has 18 been able to triple his business. He then commented that Mr. Verhulst has done a great 19 job on the B &B and he believes it is a nice idea to have a B &B in Seal Beach, as it 20 would be convenient for having his relatives stay when they visit. He stated that 21 although he understands Mr. Verhulst complaint about the bright lighting at the auto 22 shop, he believes Mr. Nguyen and Mr. Verhulst must work together to come to a friendly agreement. He noted that he has never heard construction going on at 308 — 7 Street before 7:00 a.m. He recommended approval of RCOZ 04 -1 and CUP 04 -2. 25 26 Mr. Verhulst stated that on September 7, 2000 the Krenwinkle house was relocated 27 from Central Avenue to its present location. He said that he moved into the home on 28 April 15, 2001, and at that time Seal Beach Auto was being run as an automobile repair 29 shop. He stated that up until recently Mr. Nguyen followed the C -2 Zone guidelines and 30 has conducted all repair work inside the shop. He said that with the increase in 31 business the work is overflowing onto the parking lot and onto the street. He noted that 32 many times tow trucks will drop cars off in front of the B &B and the handicapped 33 approach for the sidewalk is being used as a driveway. He stated that he had spoken to 34 Mr. Nguyen about these issues and cautioned that he would contact the City if these 35 practices continued. Mr. Verhulst indicated that as long Seal Beach Auto conforms to 36 the C -2 Zone guidelines, he has no complaints. He noted that another neighbor has a 37 van filled with used furniture that he leaves parked on the street and moves it only when 38 the street sweeper comes around. In response to Mr. Caviola's comments, Mr. Verhulst 39 stated that the Staff Report includes a copy of the original floor plan for the house, 40 which reflect 2,550 square feet. He said that he added 1,130 square feet to the house, 41 and the 4,400 square feet quoted by Mr. Cummins does include the 3 -car garage that 42 will be used for parking on the property. He stated that Staff acquired the zoning 43 requirement for B &Bs from 44 different cities and the information overwhelmingly 44 reflected the requirement of 1 parking space for each guest room, and one space for the owner /occupant. He indicated that he and his wife would occupy one single - family dwelling over the garages in the rear. He said that 6 on site parking spaces would be Page 11 of 23 City of Seal Beach Planning Commission Meeting Minutes of January 21, 2004 provided; the curb cut in the front will create another parking space on the street for a z total of 7 spaces. Mr. Verhulst then noted that he had approached the owner of the 3 Proctor House regarding purchasing that home, but the owner did not wish to sell, but 4 instead chose to demolish the original home and construct a replica of the Proctor 5 House. He said it is a nice fixture in Seal Beach and the Krenwinkle house is also a 6 great addition to town. He stated that he receives daily inquiries as to when the B &B 7 will be in operation and believes it will be a positive addition and will generate revenue 8 for the City. He noted that the profile of people frequenting B &Bs shows that above 9 and beyond the cost of the room, they will spend an average of $250 a day in 10 restaurants and shops. He emphasized that the B &B would not impact parking on the 11 street, as there is sufficient parking on the site. Mr. Verhulst noted that he could have 12 constructed two new homes on this double lot, but this would have had a greater impact 13 on parking. 14 15 There being no one else wishing to speak, Chairperson Sharp closed the public 16 hearing. 17 18 Commissioner Comments 19 20 Mr. Whittenberg referred to Mr. Wilson's comments regarding parking and noted that 21 the City currently has an application before the California Coastal Commission (CCC) 22 for approval to install parking meters on Main Street, Electric Avenue, Central Avenue, and Ocean Avenue between Main Street and the alleys on the side of Main Street. He stated that the parking meters would not go beyond the alleys on the east and west 25 sides of Main Street. He stated that CCC approved the application last Friday. He said 26 that the City had initially proposed to restrict parking on both sides of all the streets 27 between 5 and 12 Streets; however, the CCC denied this part of the request. 28 29 Commissioner Shanks noted a correction to Condition No. 35 to state "bed and 30 breakfast" rather than "restaurant." Mr. Cummins noted the correction. 31 32 Commissioner Deaton stated that she is concerned with historic preservation and how 33 the City defines what is historically significant. She asked how many other structures in 34 town would be eligible for historic preservation. Mr. Whittenberg stated that after 35 completing a survey of the building within the City, Staff identified 18 -20 structures built 36 prior to 1920 that would qualify as historically significant. He noted that some of these 37 have been demolished since 2000. He indicated that the provisions of the RCOZ only 38 allow for an expansion of less than 50 percent of the existing floor area of a significant 39 structure. 40 41 MOTION by Deaton; SECOND by Ladner to approve Residential Conservation Overlay 42 Zone 04 -1 and Conditional Use Permit 04 -2 and adopt Resolution Nos. 04 -3 and 04 -2 43 as presented. 44 MOTION CARRIED: 5 — 0 AYES: Sharp, Deaton, Eagar, Ladner, and Shanks Page 12 of 23 City of Seal Beach Planning Commission Meeting Minutes of January 21, 2004 NOES: None z ABSENT: None 3 4 Commissioner Deaton asked if the Commission should have taken a separate vote on 5 each item. Mr. Abbe stated that this should have been the procedure and 6 recommended that the Commission rescind its vote and take a separate vote on RCOZ 7 04 -1 and CUP 04 -2. 8 9 MOTION by Deaton; SECOND by Sharp to rescind the prior decision to approve 10 Residential Conservation Overlay Zone 04 -1 and Conditional Use Permit 04 -2 and 11 adopt Resolution Nos. 04 -3 and 04 -2 as presented. 12 13 MOTION CARRIED: 5 — 0 14 AYES: Sharp, Deaton, Eagar, Ladner, and Shanks 15 NOES: None 16 ABSENT: None 17 18 MOTION by Deaton; SECOND by Ladner to approve Residential Conservation Overlay 19 Zone 04 -1 and adopt Resolution Nos. 04 -3 as presented. 20 21 MOTION CARRIED: 5 — 0 22 AYES: Sharp, Deaton, Eagar, Ladner, and Shanks NOES: None ABSENT: None 25 26 MOTION by Deaton; SECOND by Ladner to approve Conditional Use Permit 04 -2 and 27 adopt Resolution Nos. 04 -2 as amended in the addendum. 28 29 MOTION CARRIED: 5 — 0 30 AYES: Sharp, Deaton, Eagar, Ladner, and Shanks 31 NOES: None 32 ABSENT: None 33 34 Mr. Abbe advised that the adoption of Resolution Nos. 04 -3 and 4 -2 begins a 10 -day 35 calendar appeal period to the City Council. The Commissioner action tonight is final 36 and the appeal period begins tomorrow morning. 37 38 4. Zone Text Amendment 04 -1 39 Expansions and Additions to Legal Non - Conforming Residential Structures 40 Citywide 41 42 Applicant/Owner: City of Seal Beach 43 Request: To consider elimination or amendments to certain portions 44 of Section 28 -2407 of the Code of the City of Seal Beach, which sets forth the current standards regarding allowable Page 13 of 23 Attachment 4 RESOLUTION NUMBER 04 -3 0/9/ A RESOLUTION OF THE PLANNING COMMISSION OF THE / / CITY OF SEAL BEACH APPROVING RESIDENTIAL 4/ CONSERVATION OVERLAY ZONE 04 -1, DESIGNATING THE PROPERTY AT 308 7 ST. TO BE CONSISTENT WITH, AND TO BE INCLUDED WITHIN, THE RESIDENTIAL CONSERVATION OVERLAY ZONE. 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 Residential Conservation Overlay Zone 04 -1 and Conditional Use Permit 04 -2 to the operate a Bed and Breakfast facility at the property located at 308 7` St and be designated within the Residential Conservation Overlay (RC) zone. Section 2. Pursuant to 14 California Code of Regulations § 15305 and §II(B) of the City's Local CEQA Guidelines, staff has determined as follows: the application for Residential Conservation Overlay Zone 04 -1 for the proposed interior remodeling is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 California Code of Regulations §15301 (Minor Alterations in Land Use Limitations), because the proposal involves a negligible expansion of an existing use; pursuant to §15305 (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, 2004, to consider the application for Residential Conservation Overlay Zone 04 -1. 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 Residential Conservation Overlay Zone 04 -2 with the Department of Development Services. (b) Specifically, the property is designated within the Residential High Density (RHD) Zone. Concurrently, the applicant is also requesting to operate a Bed and Breakfast facility in a Residential Conservation Overlay (RC) Zone through Conditional Use Permit 04 -2. This zone change would designate the subject property within the Residential Conservation Overlay (RC) Zone. (c) The subject property contains approximately 5,875 square feet. Page 1 of 3 Planning Commission Resolution No. 04 -3 RCOZ 04 -1 308 7` St. Bed & Breakfast January 21, 2004 (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. Section 5. Based upon the facts contained in the record, including those stated in §4 of this resolution and pursuant to § §28 -850 — 28 -856, 28 -2503 and 28 -2504 of the City's Code, the Planning Commission makes the following findings: • Residential Conservation Overlay Zone 04 -1 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 7 St. are adequate in size, shape, topography and location to meet the needs of the 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. Page 2 of 3 Plannin8 Commission Resolution No. 04 -3 RCOZ 04 -1 308 7`" St. Bed & Breakfast January 21, 2004 • 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 Residential Conservation Overlay Zone 04 -1, changing the designation of the subject property to Residential High Density (RHD) to Residential High Density with a Residential Conservation Overlay (RHD/RCO). PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 21 day of January 2004, by the following vote: AYES: Commissioners Sharp, Deaton, Eagar, Ladner, and Shanks NOES: Commissioners None ABSENT: Commissioners None J'mes Sharp, /Chairman of the Planning Commission e Whittenberg L./Secretary of the Planning Commi ion Page 3 of 3 Attachment 5 Zoning S 28 -850 S 28 -850 Article 8.5. Residential Conservation Overlay Zone (RC -O Zone) Section 28 -850. Purpose and Intent. The City Council has determined that the spirit, character and history of the City are reflected in the historic structures located within the City, and that in the face of ever increasing pressures of modernization, locally- significant historic structures are threatened with alteration, removal or demolition. Locally- significant historic structures are those residential structures constructed prior to 1925. This Article is enacted on the basis of public policy that supports the preservation of locally- significant residential structures within the City, and the need to provide incentives for owners to continue to occupy and maintain locally- significant historic structures as "bed and breakfast" facilities within appropriate areas of the City. These locally- significant historic structures represent the City's unique historical, social and cultural foundations, and should be preserved as living parts of community life and development in order to build a greater understanding of the City's past and give future generations the opportunity to appreciate, understand and enjoy the City's remaining historic heritage. This Article is intended to promote the public health, safety, and general welfare by: A. Integrating the preservation of locally- significant historic structures into the public and private land use management and development process at appropriate locations within the City. B. Encouraging preservation and complimentary new development within the existing "Old Town" area of the City. C. Preserving diverse architectural styles reflecting the City's history and encouraging a more livable urban environment. D. Stabilizing neighborhoods through the preservation of locally- significant historic structures. E. Encouraging the rehabilitation and continued use of existing structures rather than their demolition, as bed and breakfast facilities at appropriate locations within the City. F. Preserving, protecting and enhancing streetscapes and locally- significant historic structures. (Ord. No. 1455) 7050 (Seal Beach 8/00) Seal Beach City Code S 28 -851 28 -852 - Section 28 -851. Permitted Uses. (1) Any use permitted or conditionally permitted in the underlying base zone. (2) The following use subject to issuance of a Conditional Use Permit: (a) Bed and Breakfast facility. (Ord. 1455) Section 28 -852. General Provisions. (1) The uses specified in Section 28- 851(2) are permitted in the Residential Conservation Zone (RC -O Zone) subject to the standards enumerated in subsection (3) of this section. (2) The uses specified in Section 28- 851(1) are permitted in the Residential Overlay Zone (RC -0 Zone) subject to the standards enumerated in the underlying base zoning provisions. (3) Uses listed in subsection (1) of this section shall comply with the following standards: (a) The subject property shall be located within 500 feet of the centerline of Pacific Coast Highway. (b) The subject property shall be located within 300 feet of an existing hotel /motel facility. (c) The subject property shall have a minimum 50 -foot wide front yard width adjacent to a public street right -of -way, and shall be not less than 100 feet in depth. (d) The subject property shall not be adjacent to an existing single- family residence on adjacent lots on the same side of the street within any residentially zoned area of the City. (e) 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. (f) The maximum stay for any occupants of a bed and breakfast facility shall be 10 consecutive days within a 30 day period. (Seal Beach 8 /00) 7051 Zoning S 28 -852 S 28 -852 (g) The maximum number of guestrooms shall not exceed 6 for any separate bed and breakfast structure. (h) Guests shall check in and out only between the hours of 9:00 a.m. and 8:00 p.m. (i) 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. (j) 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. (k) Bed and Breakfast facilities shall not have a separate apartment on the subject property. (1) 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. (m) 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. (n) 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. (o) 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. (p) Bedroom rental units shall not occupy more than sixty percent (60 %) of the living space of the subject structure. (q) 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. 7052 (Seal Beach 8/00) Seal Beach City Code S 28 -852 S 28 -852 (r) 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. (1) 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. (2) 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. (3) 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. (4) 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 of the closure of existing curb cuts, not to a maximum of one space. (s) 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. (t) Incidental sales of goods and services shall be permitted, but shall be limited to registered guests only. (u) No receptions, private parties or similar activities, for which a fee is paid, shall be permitted. (v) All requirements of the Orange County Fire Authority i and Orange County Health Department shall be met, (Seal Beach 8/00) 7053 Zoning S 28 -852 S 28 -853 except as may be modified in accordance with the provisions of subsection (n) above. (w) Bed and breakfast facilities shall be subject to the same use and occupancy taxes levied for motels and hotels under Chapter 11 of the Code of the City of Seal Beach. (x) All structures shall fully comply with the provisions of the Americans with Disabilities Act (ADA). (y) The property owner agrees to not seek any property tax abatements that may be applicable in Federal, State, or local law. (z) 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. (aa) A bed and breakfast facility shall not be permitted to be converted to a multiple dwelling as defined in Section 28 -230. (Ord. No. 1455) Section 28 -853. Development Standards. The RC -O Zone includes additional regulations and uses over and above the base zoning of a particular property to encourage preservation of existing locally- significant residential structures. To permit orderly development and preservation of these locally- significant residential structures, the following standards shall apply: (1) Relocated structures: provisions of base zoning. (a) Relocated structures shall comply with current open space, bulk, and yard standards of the base zone. (b) Exception: Relocated structures may be permitted without a variance approval for side yard setbacks as long as a minimum 3 -foot side yard setback is maintained and the required deviation is not more than 25% from the base zoning provision. Relocated structures exceeding the height requirements shall be permitted without modification to the structure in order to preserve the historical significance and architectural integrity of the structure. (Ord. No. 1455) 7054 (seal Beach 8/00) Seal Beach City Code S 28 -854 28 -856 Section 28 -854. Roof - Mounted Mechanical Equipment. Roof - mounted mechanical equipment shall be architecturally screened. (Ord. No. 1455) Section 28 -855. Adoption of RC -0 Overlay Zone. The adoption of the RC -0 Overlay Zone in accordance with the provisions of Article 26 of this Chapter to a specific property shall be required before any property in the RC -0 Zone may be developed or used for the purpose set forth in Section 28- 851(2). (Ord. No. 1455) Section 28 -856. Approval of Site Development Plan. The approval of a site development plan for any use permitted in Section 28- 851(2) shall require a Conditional Use Permit as set forth in Section 28 -2503. (Ord. No. 1455) (Seal Beach 8/00) 7055