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HomeMy WebLinkAboutAGENDA REPORT 2018 1003 CCSA REG ITEM 08ACITY OF MOORPARK, CALIFORNIA City Council Meeting of 10/3/2018 ACTION Introduced Ord No. 464 BY M.Benson A. Consider Ordinance Adopting Zoning Ordinance Amendment No. 2018-01, Amendments to Chapters 17.08 (Definitions) and 17.20 (Uses by Zone) of Title 17 (Zoning), to Address Residential Short Term Rental Units; and Making a Determination This Action is Exempt from the California Environmental Quality Act. (continued open public hearing from August 15, 2018) Item: 8.A. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Joseph Fiss, Planning Manager DATE: 10/03/2018 Regular Meeting (Continued Open Public Hearing from 08/15/2018) SUBJECT: Consider Ordinance Adopting Zoning Ordinance Amendment No. 2018-01, Revising Chapters 17.08 (Definitions) and 17.20 (Uses by Zone) of Title 17 (Zoning), to Address Residential Short-Term Rental Units; and Making a Determination This Action is Exempt from the California Environmental Quality Act BACKGROUND On February 7, 2018, the City Council adopted Resolution No. 2018-3674 initiating proceedings to consider amendments to the Zoning Ordinance addressing, among other things, Residential Short-Term Rental Units. On July 24, 2018, the Planning Commission adopted Resolution No. PC-2018-629 recommending approval of Zoning Ordinance Amendment No. 2018-01 to the City Council with amendments. The Planning Commission recommended a 400-foot radius notice for Administrative Permit for rentals of units from 31 to 60 days in a calendar year. The Planning Commission also recommended limiting Residential Short-Term Rental Units to only one structure on site, being either the main house or a guest house. They also concurred with staff’s recommendation that Accessory Dwelling Units not be allowed as Residential Short-Term Rental Units in any case. On August 15, 2018 the City Council considered the Planning Commission recommendation, opened the public hearing and took testimony. Based upon community input at the public hearing, the City Council continued the public hearing to October 3, 2018 and directed staff to perform additional research and return with refined legislative options to ban or regulate the practice of Residential Short-Term Rental Units. Item: 8.A. 1 Honorable City Council 10/03/2018 Regular Meeting Page 2 DISCUSSION As with most land use regulations, Residential Short-Term Rental Units must be addressed within the context of local community standards. Thus, it is up to each local agency to determine the level of regulation and enforcement. The regulation of Residential Short-Term Rental Units is still in its early stages nationwide. However, agencies are well served to observe the tools and practices of other agencies to learn which practices work, and which do not. Staff has conducted additional research to that which was already conducted, and prepared the following comparison of the state and nature of regulations related to Residential Short-Term Rental Units (STRs) across local jurisdictions. Jurisdiction Ordinance in Place Nature of Ordinance Notes City of Agoura Hills No N/A The City has determined STRs are not prohibited. No consideration of ordinance at this time; no major enforcement effort underway. City of Calabasas Yes Outright ban See summary below. City of Camarillo No N/A The City of Camarillo has determined that STRs are prohibited, because they are not a listed use, and has initiated enforcement actions when complaints are received. Staff initiated work on an ordinance, but it is not proceeding at this time. City of Ojai Yes Outright ban See summary below. City of Thousand Oaks No N/A The City of Thousand Oaks has determined 2 Honorable City Council 10/03/2018 Regular Meeting Page 3 STRs are not currently prohibited by their municipal code. Staff initiated work on an ordinance, but it is not proceeding at this time. No enforcement efforts are currently underway. City of Port Hueneme No N/A The City of Port Hueneme has determined STRs are not prohibited by their code. Most potential units are located within HOAs, which are self- governing and do not allow the use. City is exploring a licensing process to collect TOT on STRs outside of HOAs. Project to be completed at the program level, rather than with an ordinance City of Ventura Yes Allowed, with regulations See summary below. City of Oxnard No N/A The City of Oxnard has not made a determination regarding the legality of STRs. City is considering an ordinance to regulate STRs, and has 3 Honorable City Council 10/03/2018 Regular Meeting Page 4 conducted a detailed public opinion survey. City of Simi Valley No N/A The City of Simi Valley has not made a determination regarding the legality of STRs. No consideration of ordinance at this time; a lack of complaints has resulted in no enforcement efforts. City of Westlake Village No N/A The City of Westlake Village has determined STRs are not prohibited. Most potential units are located within HOAs, which are self- governing and do not allow the use. City is exploring a licensing process to collect TOT on STRs outside of HOAs, but this has not moved beyond the committee level and is currently stalled. County of Ventura Yes Allowed, with regulations See summary below. Detailed Summaries of Ordinances: City of Calabasas In April 2018, the City of Calabasas enacted two ordinances, banning advertisements for STRs, and banning the use itself outright, respectively. These ordinances became effective in May 2018. 4 Honorable City Council 10/03/2018 Regular Meeting Page 5 Lawfully approved hotels and motels operated in compliance with applicable federal, state, and local rules are exempt. Bed and breakfast inns, which are conditionally permitted uses limited to residential, rural, and rural community zones, are also exempt. City of Ojai In June 2016, the City of Ojai enacted a resolution confirming an existing de-facto ban on STRs. The resolution goes as far as specifically directing City staff to enforce the ban. Lawfully approved hotels and motels operated in compliance with applicable federal, state, and local rules are exempt. Bed and breakfast inns, which are conditionally permitted uses, limited to Commercial-1, and Village Mixed Use zones, are also exempt. City of Ventura Approximately ten years ago, the City of Ventura enacted a series of ordinances forming Chapter 6.455.010 of their Municipal Code, which specifically regulate STRs. These regulations allow STRs to be offered, provided they obtain a numbered permit, which must be displayed prominently in any listing for an STR property. In order to obtain a permit, an applicant must submit the following: • A nuisance response plan containing: o The mailing address and telephone number of the owner or owners of the residential dwelling unit or units to be used as a STR pursuant to the permit; o The name, address and telephone number of the person or persons who will be available by telephone, and who will be responsible for promptly responding to or causing a prompt response to a nuisance complaint arising out of the occupancy or use of the STRs by tenants, their visitors and/or their guests. (A return telephone call to a complainant within 45 minutes of the initial complaint is deemed "prompt." o The manner of responding to or causing a response to a nuisance complaint, including but not limited to the manner in which the complainant or complainants will be notified of the response and the method of documenting prompt responses and timely corrective action. o The manner of assuring timely corrective action to remedy the conditions causing the nuisance complaint. Timely corrective action is deemed to include, at a minimum, a telephone call to the primary adult occupant of 5 Honorable City Council 10/03/2018 Regular Meeting Page 6 the short-term vacation rental within 30 minutes of the initial nuisance complaint. o The proposed maximum number of overnight occupants, with supporting documentation identifying unusual size, interior layout, parking or other physical characteristics, if any, supporting a request for occupancy greater than two persons plus two persons per bedroom. o The number of off-street parking spaces and number of bedrooms available at the STR. • A transient occupancy registration certificate and a business tax certificate issued by the city tax collector. • A surety bond in the amount of $1,500.00 issued by a responsible surety company and in the form required by this chapter, unless waived. • A permit application fee. Pursuant to the issuance of a permit, the City mails notices of availability of the nuisance response plan to the owner or occupant of every property within 300 feet. In addition, the City makes the nuisance response plan available on the City’s website. The code also establishes performance standards for the owners and tenants of STRs, including compliance with applicable building and fire codes and the collection of contact information and driver’s licenses and or passports of the primary tenant for any rental. In addition, the code requires the owner and primary tenant to sign a formal acknowledgement that he or she is legally responsible for the conduct of all occupants of the short-term vacation rental. STR tenancies are limited in the following ways: • Between June and August, all occupants must agree to a minimum stay of no less than seven nights. o All other times of the year, occupants must agree to a minimum stay of no less than two nights. • The owner is required to limit occupancy to a specific number of occupants, with a general overnight maximum of two persons per short term rental plus an additional two persons per additional bedroom. Each rental contract is required to include the following disclosures: • The maximum number of overnight occupants and day use visitors permitted. • The number of off-street parking spaces provided. • Notification that on-street parking is extremely limited in some areas of the city. • The trash pick-up day and applicable rules and regulations pertaining to leaving or storing trash or refuse on the exterior of the property. 6 Honorable City Council 10/03/2018 Regular Meeting Page 7 • Notification that the occupant may be cited or fined by the city and/or immediately evicted by the owner pursuant to state law, in addition to any other remedies available at law, for violating any other provisions of the Code. • Notification that failure to conform to the occupancy requirements of the short- term vacation rental is a violation of the Code. • Notification that amplified sound, including radios, televisions and other electronic devices are subject to the City's Noise Ordinance. • A prohibition on illegal loud parties, along with notification of the City's right to recover the costs of special enforcement needed to address certain loud parties under the circumstances • A recommendation that the occupant participate voluntarily in neighborhood quiet hours by avoiding parties and loud social events between the hours of 10:00 p.m. and 7:00 a.m.; provided that if the owner forbids parties and loud social events between the hours of 10:00 p.m. and 7:00 a.m. the surety bond required by section 6.455.050 shall be waived. • The name of the managing agency, agent, rental manager, local contact person, or owner of the unit, and a telephone number at which that party may be reached at all times. • A copy of the "Good Neighbor Guidelines" which may from time to time be prepared by the permit administrator. These guidelines may include location- specific information, such as local speed limits and the prohibition of fires and fireworks in beach areas. • Notification that the property is part of the City’s Short-Term Vacation Rental Program. • A copy of the relevant STR regulations in the San Buenaventura Municipal Code, as it may be amended from time to time. County of Ventura On June 19, 2018, the County of Ventura enacted two ordinances, addressing STRs in the Coastal Zone and Non-Coastal zone, respectively. The County Board of Supervisors is currently considering an outright ban on STRs in unincorporated Ojai Valley. These ordinances distinguish between “homeshares”, where rent is exchanged and the owner is present, and “short-term rentals”, where rent is exchanged and the owner is not present. The following is a summary of the regulations: • Definitions are established to distinguish “short-term rental” from “homeshare.” Both are identified as accessory uses to dwellings. • A “homeshare” is required to be the owner’s primary residence, and the owner must be physically present in the same dwelling as the short-term renter (i.e. rental of a separate cottage or structure is prohibited). 7 Honorable City Council 10/03/2018 Regular Meeting Page 8 • Short term rentals are prohibited, but homeshares are allowed with a Zoning Clearance), which must be obtained annually. • An exception allows short term rentals on historic landmark properties. • Ownership requirements and limitations are specified (e.g. only property owners can obtain a permit; permits expire upon change of ownership, only one Temporary Rental Unit per owner). • Ineligible dwellings are defined (e.g. permitted accessory dwelling units, affordable/ caretaker/farmworker units). • A two-year “grace period” is established for existing units which do not meet eligibility requirements. • Overnight occupancy limits are established for homeshares at two bedrooms and a maximum of five persons. • Overnight occupancy limits are established for short term rentals operating during the grace period at two persons per bedroom plus two others, up to a maximum of 10 persons. • On-site parking and noise regulations are established. • On-site events are prohibited. • Property management and complaint response requirements are established similar to those of the City of Ventura. • A complete inspection/compliance/enforcement program is established. • Existing short term rentals and homeshares which do not meet the permit eligibility requirements are allowed until July 2020, or until the sale or transfer of the property or until the permit is revoked for cause, whichever occurs first. • Existing short term rentals and all existing or new homeshares within the coastal zone must submit a permit application to the County within 90 days of the July 19, 2018 effective date. Over the years, the definition of a “residence” has grown to allow as ancillary uses home offices, small day care centers, music lessons, and similar uses which do not disrupt a neighborhood. As can be seen in the above chart, some cities have determined STRs are residential uses, not needing any further permitting, and some have determined they are not residential uses and are prohibited outright. Several cities have determined they are allowable as accessory uses, with varying degrees of regulation. These distinct approaches take into account the different needs of cities in the region, from beach and resort areas, areas in need of short-term corporate housing, and areas with a shortage of affordable housing. Initially, staff proposed an approach whereby STRs would be recognized and regulated. There are advantages to this approach; however, during the Planning Commission and City Council hearings, it became understood this approach was premature. After doing more detailed research on other communities, and in response to Council comments at the August 15, 2018 public hearing, staff is now proposing an ordinance which defines Residential Short-Term Rental Units, but lists them as unpermitted uses in all residential zones in the City. 8 Honorable City Council 10/03/2018 Regular Meeting Page 9 Staff is making this recommendation based on the geographic location of the City, and the City’s General Plan Policy 4.2, which states: “Existing neighborhoods shall be protected and preserved in order to maintain their character and identity.” Moorpark is not a City with high tourism or business travelers. With relative proximity to tourist locations and business hubs within at least an hour’s drive, most travelers will choose to locate closer to those destinations. Staff has discovered that Residential Short Term Rental Units in Moorpark, specifically on large lots with no homeowner’s associations, are marketed and rented as destinations unto themselves, and in some cases turned into “party houses,” whether or not they are advertised as such. The use of local homes in Moorpark for Residential Short Term Rental Units in such a manner is not consistent with the City’s policy of preserving neighborhood character. Allowing these uses in the City has an overall detrimental impact on neighborhoods by inviting noise, traffic and associated public safety concerns. A parallel can be drawn with Moorpark’s Home Occupation Permit (HOP) ordinance. HOP’s are only allowed when they do not change the character of the home or the neighborhood. With Moorpark’s suburban/rural character, Residential Short Term Rental Units cannot be operated in such a way as to not change neighborhood character. Residential Short Term Rental Units are not specifically listed as permitted or conditionally permitted uses in the zoning code and are therefore not technically allowed. As this is a new phenomenon, up until now, staff has taken a two-step approach of first, addressing nuisances such as noise and parking, and second, studying the land use issue to determine and recommend an approach meeting Moorpark’s needs. Ultimately, it is recommended to specifically prohibit Residential Short Term Rental Units outright and address complaints on a case-by-case basis. It is recognized that this may increase the requirement for code compliance involvement. However, given staffing levels, enforcement will be on a case-by-case complaint basis. FISCAL IMPACT There will be staff costs involved in enforcing violations of this section. Those costs are associated with code enforcement and public safety responses targeted toward STRs. 9 Honorable City Council 10/03/2018 Regular Meeting Page 10 STAFF RECOMMENDATION 1. Continue to accept public testimony and close the public hearing. 2. Introduce Ordinance No. ___, approving Zoning Ordinance Amendment No. 2018-01, for first reading, waive full reading, and place this ordinance on the regular meeting agenda for November 7, 2018, for purposes of providing second reading and adoption of the ordinance. ATTACHMENT: Draft Ordinance No. ___. 10 ORDINANCE NO. ___ AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING ZONING ORDINANCE AMENDMENT NO. 2018-01, REVISING CHAPTERS 17.08 (DEFINITIONS) AND 17.20 (USES BY ZONE), OF TITLE 17 (ZONING), TO ADDRESS RESIDENTIAL SHORT-TERM RENTAL UNITS; AND MAKING A DETERMINATION THIS ACTION IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, on February 7, 2018, the City Council adopted Resolution No. 2018- 3674 initiating proceedings to consider amendments to the Zoning Ordinance addressing, among other things, residential short-term rental units; and WHEREAS, at a duly noticed public hearing on July 24, 2018, the Planning Commission considered Zoning Ordinance Amendment No. 2018-01; and WHEREAS, at its meeting of July 24, 2018, the Planning Commission considered the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal and, after discussion, adopted Resolution No. PC-2018-629, recommending approval of Zoning Ordinance Amendment No. 2018-01; and WHEREAS, at a duly noticed public hearing on August 15, 2018 and October 3, 2018, the City Council considered the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal; closed the public hearing, and on October 3, 2018 discussed and reached a decision on this matter; and WHEREAS, the Community Development Director determined that this project qualifies for a General Rule Exemption in accordance with Section 15061 of California Code of Regulations (CEQA Guidelines), in that there would not be a physical change to any existing land uses in Moorpark as a result of this ordinance, as this ordinance does not authorize any additional uses or expand the permitted location of any uses within the City. No further environmental documentation is required. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council concurs with the determination of the Community Development Director that this project qualifies for a General Rule Exemption in accordance with Section 15061 of California Code of Regulations (CEQA Guidelines), in that there would not be a physical change to any existing land uses in Moorpark as a result of this ordinance, as this ordinance does not authorize any additional uses or CC ATTACHMENT 1 11 expand the permitted location of any uses within the City. No further environmental documentation is required. SECTION 2. GENERAL PLAN AND SPECIFIC PLAN CONSISTENCY: The City Council finds Zoning Ordinance Amendment No. 2018-01 to be consistent with the City of Moorpark General Plan and all adopted Specific Plans, in that this ordinance furthers one of the adopted policies of the Land Use Element which calls for the protection of existing neighborhoods in order to maintain their character and identity. SECTION 3. The City Council hereby approves Zoning Ordinance Amendment No. 2018-01, which amends Chapters 17.08 (Definitions) and 17.20 (Uses by Zone) of Title 17 (Zoning), to address and prohibit Residential Short-Term Rental Units, consistent with Exhibit A of this ordinance. SECTION 4. If any section, subsection, sentence, clause, phrase, part or portion of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 5. This ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 6. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a written record of the passage and adoption thereof in the minutes of the proceedings of the City Council at which the same is passed and adopted; and shall publish notice of adoption in the manner required by law. PASSED AND ADOPTED this ______ day of ______________, 2018. Janice S. Parvin, Mayor ATTEST: ___________________________________ Maureen Benson, City Clerk Exhibit A – Zoning Ordinance Amendment No. 2018-01 12 EXHIBIT A ZONING ORDINANCE AMENDMENT NO. 2018-01 REVISING CHAPTERS 17.08 (DEFINITIONS) AND 17.20 (USES BY ZONE), OF TITLE 17 (ZONING) Section 17.08.010 (Application of definitions) of Chapter 17.08 (Definitions) of Title 17 (Zoning) is amended by adding a new definition as follows: 17.08 DEFINITIONS 17.08.010 Application of definitions. “Residential short-term rental unit" means all or any portion of a residential dwelling unit (detached or attached), or an accessory building or guest house, rented intermittently for occupancy for residential purposes for periods of thirty (30) consecutive calendar days or less, counting portions of calendar days as full days.” Section B, Residential Uses, in Table 17.20.050 of Section 17.20.050 (Permitted uses in open space, agricultural, residential and special purpose zones) of Chapter 17.20 (Uses by Zone) of Title 17 (Zoning) is amended by adding Section 8 as follows: 17.20 USES BY ZONE 17.20.050 Permitted uses in open space, agricultural, residential and special purpose zones. Table 17.20.050 PERMITTED USES IN OPEN SPACE, AGRICULTURAL, RESIDENTIAL, AND SPECIAL PURPOSE ZONES [Blank] = Not permitted AP = Administrative Permit CUP = Conditional Use Permit NZC = No Zoning Clearance required TUP = Temporary Use Permit ZC = Permitted by Zoning Clearance Zones O-S A-E R-A R-E R-O R-1 R-2 RPD RPD 20U- N-D TPD B. Residential Uses 8. Residential short- term rental units -END- 13