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HomeMy WebLinkAboutRES PC 2018 629 2018 0724 RESOLUTION NO. PC-2018-629 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONING ORDINANCE AMENDMENT NO. 2018-01, AMENDMENTS TO CHAPTERS 17.08 (DEFINITIONS), 17.20 (USES BY ZONE) 17.28 (STANDARDS FOR SPECIFIC USES), AND 17.44 (APPLICATION REVIEW PROCEDURES) 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 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 PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DETERMINATION: The Planning Commission concurs with the determination of the Community Development Director that this project would qualify 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. Based on its independent analysis and judgment of the Planning Commission, it can be seen with certainty that there is no possibility that the Zoning Ordinance Amendment No. 2018-01 may have a significant impact on the physical environment. No further environmental documentation is required. Resolution No. PC-2018-629 Page 2 SECTION 2. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends to the City Council approval of Zoning Ordinance Amendment No. 2018-01 as shown in Exhibit A, attached. SECTION 3. Filing of Resolution: The Community Development Director shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: Commissioners Di Cecco, Haverstock, Vice Chair Aquino, and Chair Hamous NOES: None ABSTAIN: None ABSENT: Commissioner Landis PASSED, AND ADOPTED this 24th day of July, 2018. / /As Bruce Hamous, C,air /2/ ://j • ir4t/4/47 David Bobardt, Community Development Director Exhibit A— Zoning Ordinance Amendment No. 2018-01 Resolution No. PC-2018-629 Page 3 EXHIBIT A ZONING ORDINANCE AMENDMENT NO. 2018-01 AMENDMENTS TO CHAPTERS 17.08 (DEFINITIONS), 17.20 (USES BY ZONE), 17.28 (STANDARDS FOR SPECIFIC USES), AND 17.44 (APPLICATION REVIEW PROCEDURES) 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 permanently-occupied single-family dwelling (detached or attached) or a guest house, rented intermittently for occupancy for residential purposes for a period 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 Resolution No. PC-2018-629 Page 4 Zones O-S A-E R-A R-E I R-O R-1 R-2 RPD RPD TPD 20U- N-D B. Residential Uses 8. Residential short term rental unit when in compliance with Chapter 17.28 a. Rental of unit up to ZC ZC ZC ZC ZC ZC ZC ZC 30 days in a calendar year b. Rental of unit 31 to AP AP AP 60 days in a calendar year c. Rental of unit 61 to CUP CUP CUP 120 days in a calendar year d. Rental of unit more than 120 days in a calendar year Section 17.28.080 (Standards related to residential short term rental units) is added to Chapter 17.28 (Standards for Specific Uses) of Title 17 (Zoning) as follows: 17.28 STANDARDS FOR SPECIFIC USES 17.28.080 Standards relating to residential short term rental units. A. General Provisions. The standards in this section shall apply to residential short term rental units as defined in 17.08.010. All residential short term rental units must be operated in compliance with this Title and Titles 3 and 5 of the Moorpark Municipal Code. 1. Residential short term rental unit permit-required a. The property owner or the owner's authorized agent or representative must first possess a valid use permit as identified in Table 17.20.050 before a residential short term rental unit permit can be issued. b. The property owner or the owner's authorized agent or representative is required to obtain a residential short term rental unit permit and a business Resolution No. PC-2018-629 Page 5 registration from the city prior to renting or advertising a residential short term rental unit. No residential short term rental unit use may occur in the city except in compliance with this chapter. c. A residential short term rental unit permit and business registration shall be required to be renewed on an annual basis in order to remain valid. Failure to renew a residential short term rental unit permit within thirty (30) consecutive days of its expiration date will result in the residential short term rental unit permit being terminated. d. A residential short term rental unit permit and business registration are not transferable to other properties or property owners. e. A residential short term rental unit permit and business registration shall not be issued or renewed if the property, or any building, structure, or use or land use on the property is in violation of this code. f. The city may conduct an inspection of the property prior to the issuance or renewal of a residential short term rental unit permit and/or business registration. q. A residential short term rental unit permit and business registration shall not be issued or renewed if any portion of transient occupancy tax has not been reported and/or remitted to the city for the previous calendar year by the applicable deadline for the reporting and/or remittance of the transient occupancy tax. 2. Residential short term rental unit permit - application requirements. The owner or the owner's authorized agent or representative must submit the information required on the residential short term rental unit permit application form provided by the city, which includes the following: a. The name, address, and telephone number of the property owner of the subject residential short term rental unit; b. The name, address, and telephone number of the owner's authorized agent or representative, if any; c. The name, address, and 24-hour telephone number of the local contact person; d. The address of the proposed residential short term rental unit, and the internet listing site and listing number, if applicable; Resolution No. PC-2018-629 Page 6 e. The number of bedrooms to be used for short term rental. The allowable number of bedrooms shall meet all applicable building and construction requirements under federal, state and city codes, including but not limited to all applicable building and construction codes in Title 15 of this code; f. The number of days in the calendar year in which the unit will be available for rental, and specific days if known at the time of application; g. Acknowledgement of receipt of a residential short term rental unit information packet from the city, which includes a copy of the good neighbor brochure; h. Such other information as the community development director deems necessary to administer this chapter. The residential short term rental unit permit application shall be accompanied by an application fee as set forth by resolution of the city council. 3. A residential short term rental unit permit application may be denied if the applicant has failed to comply with application requirements in this section, or has had a prior residential short term rental unit permit for the same unit revoked within the past twelve calendar months. 4. Within fourteen (14) days of a change of property ownership, change of owner's agent or representative, or any other change in material facts pertaining to the information contained in the residential short term rental unit permit application, the owner or owner's authorized agent or representative shall notify the city. B. Operational requirements and standard conditions. The owner and/or owner's authorized agent or representative shall operate the residential short term rental unit in compliance with all applicable laws, rules, regulations, and conditions of approval pertaining to the use and occupancy of the subject residential short term rental unit. 1. The dwelling with the residential short term rental unit must be permanently occupied as a residence and may not be used solely for short term rental unit purposes. 2. Only one principal dwelling or one guest house on the property may be used in whole or part as a residential short term rental unit. Accessory dwelling units, motor homes, camping trailers, tents, tipis, yurts or other Resolution No. PC-2018-629 Page 7 membrane structures, or any structures not allowed under the Building Code for human occupancy may not be used as residential short term rental units. 3. Guest registration records must be maintained in compliance with Chapter 5.44 of the Municipal Code. 4. The property owner is responsible for collection and payment of Transient Occupancy Tax in compliance with Chapter 3.18 of the Municipal Code. 5. The Primary Occupant, defined as the overnight and daytime occupant of the residential short term rental unit with whom the property owner or the owner's authorized agent or representative entered into the short term rental agreement, must be an adult 21 years of age or older. 6. The number of guests, including the Primary Occupant(s), allowed to occupy any given residential short term rental unit shall be limited as follows: Total Number of Guests Allowed, Number of Including Primary Occupant Guest Bedrooms 8:00 a.m. to 10:00 p.m. 10:00 p.m. to 8:00 a.m. 1 3 2 2 6 4 3 9 6 4 12 8 5 or more 15 10 7. While a residential short term rental unit is rented, either the owner, the owner's authorized agent or representative, or the owner's designated local contact person, shall be available 24 hours per day, with the ability to respond to the location within 30 minutes to complaints regarding the condition, operation, or conduct of occupants of the residential short term rental unit or their guests. Such contact information shall be provided to all owners of property within 400 feet of the subject property boundaries upon issuance of permit and upon any change in the contact information. 8. Occupants of the residential short term rental unit shall comply with the standards and regulations for allowable noise at the property in accordance with Chapter 17.53 (Noise) of this code. Outside speakers or outside amplified sound systems are not permitted to be used at residential short term rental units. Resolution No. PC-2018-629 Page 8 9. Prior to occupancy of a residential short term rental unit, the owner or the owner's authorized agent or representative shall: a. Obtain the contact information of the Primary Occupant. b. Provide a copy of the good neighbor brochure to the Primary Occupant; and require such Primary Occupant to acknowledge in writing legally responsibility for compliance by all occupants of the residential short term rental unit and their guests with all applicable laws, rules, regulations, and conditions of approval pertaining to the use and occupancy of the residential short-term rental unit. This acknowledgement shall be maintained by the owner or the owner's authorized agent or representative for a period of three years and be made readily available upon request of any officer of the city responsible for the enforcement of any provision of this code or any other applicable law, rule or regulation pertaining to the use and occupancy of the residential short term rental unit. 10. The owner, the owner's authorized agent or representative and/or the owner's designated local contact person shall, upon notification that any occupant and/or guest of the residential short term rental unit has violated any applicable law, rule, regulation, or condition of approval, including, but not limited to the provisions of this section related to the use and occupancy of the subject residential short term rental unit, respond within thirty (30) minutes to immediately halt or prevent a recurrence of such conduct. Failure of the owner, the owner's authorized agent or representative and/or the owner's designated local contact person to respond to calls or complaints regarding the condition, operation, or conduct of occupants and/or guests of the residential short term rental unit within thirty (30) minutes shall be subject to all administrative, legal and equitable remedies available to the city. 11. Signs may not be posted on the premises to advertise the availability of the residential short term rental unit. 12. On-site parking shall be provided for guests in addition to the required parking for the permanent residential use of the property. Guest parking is allowed on an approved driveway, garage, and/or carport areas only. Tandem parking in a driveway is permitted for quest parking, as long as it does not extend into the public right-of-way. The number of vehicles brought by the occupants or guests of a residential short term rental unit may not exceed the number of on-site parking spaces available, and must meet the following minimum ratio: Resolution No. PC-2018-629 Page 9 No. of Guest Bedrooms No. of Guest Parking Spaces 112 1 33=4 2 5 or more 3 13. A residential short term rental unit shall not be advertised, rented, or used for special events, parties, or other activities that exceed the occupancy limits contained in this section or that exceed the availability of on-site parking. 14. Rental of the short term rental unit shall not exceed the number of days for which an entitlement has been approved. 15. The owner, the owner's authorized agent or representative and/or the owner's designated local contact person shall post a copy of the residential short term rental unit permit and a copy of the good neighbor brochure, as prepared by the City, in a conspicuous place within the residential short term rental unit, and a copy of the good neighbor brochure shall be provided to each occupant of the subject residential short term rental unit. 16. The owner and/or the owner's authorized agent or representative shall post the current residential short term rental unit permit number on or in any advertisement promoting the availability or existence of a residential short term rental unit. In the instance of audio-only advertising of the same, the residential short term rental unit permit number shall be read as part of the advertising. C Notice of Violation. The violation of any portion of this section shall be deemed a nuisance in accordance with Chapter 1.12 (Nuisances) of the Moorpark Municipal Code. Resolution No. PC-2018-629 Page 10 Section B, Administrative Permit, of Section 17.44.040 (Discretionary permits and exceptions) of Chapter 17.44 (Application Review Procedures) of Title 17 (Zoning) is amended as follows: 17.44 APPLICATION REVIEW PROCEDURES 17.44.040 Discretionary Permits and exceptions. B. Administrative Permit (AP). An administrative permit is required prior to the initiation of uses and structures in a given zone as specified in Chapter 17.20 of this title where review and approval by the community development director is required to assure compliance with the provisions of the Moorpark Municipal Code. An administrative permit application is subject to site plan and architectural review. Notice of a pending decision on an administrative permit shall be mailed by the community development director to the adjacent owners of real property, as identified on the latest adjusted Ventura County Tax Assessor Roles, at least ten (10) days prior to the date of the decision except in the case of administrative permits for residential short term rental units, in which case the noticing shall extend four-hundred (400) feet from the subject property boundaries . Public comments concerning compliance of the proposed use or structure with the general plan, municipal code, or other applicable regulations will be accepted during the period before the date of the decision. After the comment period has ended, the community development director may approve the permit, deny the permit, or approve the permit subject to conditions necessary for the proposed use or structure to comply with the general plan, municipal code, and any other applicable regulations. - END -