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HomeMy WebLinkAboutAGENDA REPORT 2018 0815 CCSA REG ITEM 08ACITY OF MOORPARK, CALIFORNIA City Council Meeting of 8.15.2018 ACTION Continued open public hearing to 10.5.18 BY M. Benson A. Consider Introduction of Zoning Ordinance Amendment No. 2018-01, Amendments to Chapters 17.08 (Definitions), 17.20 (Uses by Zone), and 17.28 (Standards for Specific Uses), 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. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) Introduce Ordinance No. ___ for first reading, waive full reading, and place the ordinance on the agenda for the September 5, 2018 regular meeting agenda for purposes of providing second reading and adoption of the ordinance. Item: 8.A. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Joseph Fiss, Planning Manager DATE: 8/15/2018 Regular Meeting SUBJECT: Consider Introduction of Ordinance Adopting 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 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. Proposed Zoning Ordinance Amendments require review and recommendation by the Planning Commission, with final action by the City Council. The City Attorney’s Office reviewed the attached draft ordinance prior to Planning Commission review. PLANNING COMMISSION ACTION 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 an 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. DISCUSSION Residential short term rental units are private residences used for lodging arrangements such as vacation rentals, homestays, or room rentals, secured for periods of thirty days or less. The proliferation of online marketplaces and services used to arrange short term Item: 8.A. 1 Honorable City Council August 15, 2018 Page 2 rentals, such as Airbnb, Homeaway, and VRBO, have made it easy for residents to enter the short term rental market, by renting their entire single family homes as well as individual rooms on a short term basis. Unregulated, these can result in neighborhood impacts as well as the need for additional City services, including police, fire, and code enforcement. There is also the question of proper permitting, licensing, and the collection of Transient Occupancy Tax, and the impact on the supply of affordable housing. Some cities in California have more experience regulating residential short term rental units and have already implemented standards. Many of these cities are in resort areas where such uses can be expected, especially on a seasonal basis. Others are in areas such as tech hubs, where contract employees may be visiting for days or weeks when working on a project. Proposed standards for Moorpark must be based on the community values and neighborhood compatibility while still recognizing the reality of changes in the travel and housing marketplace. A recent review of the Airbnb.com website found nearly 40 residential short term rental units offered in and around Moorpark. Some of these listings may lie outside City limits; exact addresses are not made available until bookings are completed, but at least 10 were confirmed to be within the City. Of the 40 Moorpark area listings, over 20 were for single room rentals, 2 were for guest houses, and 11 were for whole house rentals. Prices for single rooms ranged from $32 to $110 per night, and prices for whole homes ranged from $155 to $695 per night. Many of the listings expressed landlord interest in exploring terms for longer rental periods. The number and type of lodgings fluctuates as homeowners enter and exit this market for a variety of reasons. The City has received complaints on a couple of these uses when either the home was being rented as a party house, or it was rented to more people than would normally occupy the home as a residential use, resulting in increased activity, noise, and vehicle traffic and parking greater than normally expected in a residential neighborhood. The first part of the proposed amendments to the Zoning Ordinance involves updating the use matrix in Chapter 17.20 (Uses by Zone), since these are not currently addressed. The second part of the proposed amendments involves creating standards and a process for entitlement and permitting for the various types of residential short term rental units, such as single room, or whole house rentals, as a new subsection of Chapter 17.28 (Standards for Specific Uses). Standards include parking requirements, notification, limits on the total number of days a room or dwelling can be rented, and nuisance standards. It should be noted that a land use entitlement and a permit are two different regulations. The entitlement is discretionary and may require a public notice or hearing process. A permit is non-discretionary. Once an entitlement is obtained, if an applicant meets all the permit application requirements, the permit shall be issued. 2 Honorable City Council August 15, 2018 Page 3 The following is a summary of the proposed changes in legislative format: Title 17 ZONING 17.08 DEFINITIONS 17.08.010 Application of definitions. A new definition for residential short term rental units is proposed as follows: “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.” This definition is distinct from existing definitions for Bed and Breakfast Inns, Boarding Houses, and Hotels, by recognizing the predominant residential nature of a residential short-term rental unit. These other uses are already defined in Section 17.08.010 as follows: “Bed and breakfast inn” means a dwelling unit with one (1) family in permanent residence wherein one (1) to five (5) sleeping rooms, and one (1) or more meals, are offered for compensation to overnight guests. “Boarding house” means a residence or dwelling, other than a hotel, wherein three (3) or more rooms, with or without individual or group cooking facilities, are rented to individuals under separate rental agreements or leases, either written or oral, whether or not an owner, agent, or rental manager is in residence. “Hotel” means a building with one (1) main entrance, or a group of buildings, containing guest rooms where overnight lodging with or without meals is provided for compensation. “Motel” means one (1) or more buildings containing guest rooms with one (1) or more such rooms or units having a separate entrance providing entry directly from the outside of the building or from an inner court. Such facilities are designed, used or intended to be used, rented or hired out for temporary or overnight accommodations for guests, and are offered primarily to automobile tourists or transients by signs or other advertising media. “Motel” includes auto courts, motor lodges and tourist courts. 17.20 USES BY ZONE 17.20.050 Permitted uses in open space, agricultural, residential and special purpose zones. Residential short-term rental units are proposed to be added to the use matrix for residential zones to establish the level of permit required. The level of permit is determined by the amount of activity. A property owner who makes a room, or even a 3 Honorable City Council August 15, 2018 Page 4 whole house, available for up to 30 days in a calendar year could do so with a Zoning Clearance. This is to cover the individuals who do so infrequently, such as when going on vacation. As the activity level increases, so does the permit level, with an Administrative Permit required for availability of 31 to 60 days in a calendar year, allowing for conditions of approval to ensure neighborhood compatibility. For residential short term rental units available for 61 to 120 days a year, staff recommends a Conditional Use Permit, so that neighbors would be notified of the prospective use and could express their concerns in a public hearing. Staff does not recommend allowing residential short term rental units to be available more than 120 days in a calendar year, as the property would have clearly changed to a predominantly commercial use in a residential zone. In all cases, the residential short term rental units would have to be operated in compliance with the standards set forth in a new Section 17.28.080, outlined later in this report. 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 when in compliance with Chapter 17.28 a. Rental of unit up to 30 days in a calendar year ZC ZC ZC ZC ZC ZC ZC ZC b. Rental of unit 31 to 60 days in a calendar year AP AP AP c. Rental of unit 61 to 120 days in a calendar CUP CUP CUP 4 Honorable City Council August 15, 2018 Page 5 year d. Rental of unit more than 120 days in a calendar year 17.28 STANDARDS FOR SPECIFIC USES 17.28.080 Standards relating to residential short term rental units. This proposed new section of the Zoning Ordinance identifies standards proposed by staff to be specific to all residential short term rental units, whether they be for a single room, or the whole house, and regardless of how many days in a calendar year the unit is available for rental. The intent of these standards is to provide for neighborhood preservation, so that the residential short term rental unit operations do not take away from the peacefulness of the residential neighborhood. A separate annual permit process is proposed to track and monitor compliance with the standards of this section. 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 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. 5 Honorable City Council August 15, 2018 Page 6 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. g. 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; 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; 6 Honorable City Council August 15, 2018 Page 7 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. i. 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 membrane structures, or any structures not allowed under the Building Code for human occupancy may not be used as residential short term rental units. 7 Honorable City Council August 15, 2018 Page 8 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: Number of Guest Bedrooms Total Number of Guests Allowed, Including Primary Occupant 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. 9. Prior to occupancy of a residential short term rental unit, the owner or the owner's authorized agent or representative shall: 8 Honorable City Council August 15, 2018 Page 9 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 legal 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, shall 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, in a garage, and/or in carport areas only. Tandem parking in a driveway is permitted for guest parking, as long as it does not extend into the public right-of-way including sidewalks. 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: 9 Honorable City Council August 15, 2018 Page 10 No. of Guest Bedrooms No. of Guest Parking Spaces 1-2 1 3-4 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. 17.44 APPLICATION REVIEW PROCEDURES 17.44.040 Discretionary Permits and exceptions. Section B, addressing Administrative Permits, is proposed to be amended to include 400-foot noticing for Administrative Permits when they are for residential short term rental units. 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 10 Honorable City Council August 15, 2018 Page 11 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. GENERAL PLAN AND SPECIFIC PLAN CONSISTENCY The Land Use Element of the General Plan designates the proposed general distribution and general location and extent of the uses of the land for housing, business, industry, open space, and other categories of public and private uses of land. The location and designation of the extent of such uses of the land for public and private uses shall consider the identification of land and natural resources. The zoning regulations for the City have been adopted to protect and promote the public health, safety and general welfare; to provide the environmental, economic and social advantages which result from an orderly, planned use of resources; to establish the most beneficial and convenient relationships among land uses; and to implement the City’s General Plan. The proposed Zoning Ordinance Amendment is consistent with the Goals and Policies found in the General Plan in that it provides for the preservation of residential neighborhoods while recognizing the emerging acceptance of the sharing economy. ENVIRONMENTAL DETERMINATION The Community Development Director has reviewed this project and found it to 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. No further environmental documentation is required. NOTICING Public Notice for this item was given consistent with Chapter 17.44.070 of the Zoning Ordinance with publication in the Ventura County Star on August 5, 2018. 11 Honorable City Council August 15, 2018 Page 12 FISCAL IMPACT There will be staff costs involved in implementing the program; however, these costs will be reimbursed through permit fees. There may be a slight fiscal benefit in that owners of Residential Short Term Rental Units will be required to pay Transient Occupancy Tax (TOT). It will be impossible to estimate the revenue collected until applications are submitted and the City is able to identify exactly how many units are registered. STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony and close the public hearing. 2. Introduce Ordinance No. ___ for first reading, waive full reading, and place the Ordinance on the Agenda for the September 5, 2018 regular meeting for purposes of providing second reading and adoption of the Ordinance. ATTACHMENTS: 1. Sample Good Neighbor Brochure 2. Draft Ordinance No. ___. 12 Good Neighbor Brochure For Vacation Rentals Welcome to the City of Yorba Linda! We are pleased you have chosen to spend your vacation in our City. Each visitor truly contributes something special to the “Land of Gracious Living.” Like many of our visitors, you have decided to experience a piece of Yorba Linda by renting a house or condominium. You will be among many permanent residents who value the look and feel of a quiet and safe place to live. City residents, along with the City of Yorba Linda rely on you to preserve the special sense of peace and quiet in this City. Being a vacation renter also means being a good neighbor. Images: Larry Cohn Information current as of 05/2018 Welcome to the City ofYORBA LINDA 4845 Casa Loma Avenue Yorba Linda, CA 92886 714-961-7100 yorbalindaca.gov City’s 24-Hour Reporting Hotline 714-961-7138 Police Non-Emergency/Dispatch 714-647-7000 IMPORTANT PHONE NUMBERS 13 This brochure is intended to highlight a few ways you can be a good neighbor during your stay in Yorba Linda. Failure to comply may result in a citation, fines, and expulsion from the rented property. Please do not create noise or disturbances or engage in disorderly conduct. Consider how you would want your neighbors to behave in your own neighborhood. Chances are your Yorba Linda neighbors will expect the same of you while you are here. A little consideration goes a long way. Keep in mind that amplified music at an elevated volume can be disruptive to neighboring residents. Please be conscientious of volume, particularly in relation to outdoor sound systems. Noise violations in Yorba Linda neighborhoods will not be tolerated. A call from the neighbors for noise complaints will bring the Orange County Sheriff’s Department to your door. OCSD deputies can issue you a citation if you violate the City’s noise ordinance found in the Yorba Linda Municipal Code. Please be mindful of where you park. Park in the garage, driveway, in your assigned space, or as close to where you are staying as possible. Please do not block the neighbor’s driveway, as this will result in the towing of your vehicle. The Yorba Linda Municipal Code requires all dogs be on leashes whenever they are outside their home. The only exception to this leash requirement includes your backyard or at the City’s dog park, Checkers Dog Park. You are also required to pick up and dispose of any pet waste. Please also keep in mind that the City has a barking dog ordinance in place to prevent any barking dog nuisances. The City of Yorba Linda and their residents are mindful of trash and recycling efforts. Trash containers should not be visible within the public view, except in proper containers for the purpose of collection. The City contracts with Republic Services for all trash and recycling services. They will pick up your trash and empty your recycling cart on your scheduled collection day. Vacation renters are also encouraged to utilize the gray recycling cart to recycle metal, paper, glass, and plastic products. Please do not allow trash or recycling containers to be left at the curb, other than the day of trash collection. Trash collection schedules can be found on Republic Services website, www.republicservices.com. Please verify with your vacation operator the maximum number of overnight occupants and the maximum number of daytime occupants permitted to stay at the vacation unit. Please keep in mind that your vacation rental is not authorized to host events (i.e., weddings, birthday parties, etc.). Exceeding the rentals occupancy or hosting an event is a violation of the City’s Municipal Code and will bring the Orange County Sheriff’s Department to the door. It is important to be a good neighbor whether you’re at home or on vacation. Please keep in mind that you may be cited or fined by the City, or even evicted by the owner, for creating a disturbance or for violating the City’s Municipal Code. Yorba Linda residents can call the 24-hour hotline at 714-961-7138 to report or file a complaint. ADDITIONAL INFORMATION For more information on the City of Yorba Linda, including places to visit, residential utility information, and a list of City facilities, parks, trails, and community events, please visit the City’s website, www.yorbalindaca.gov or call 714-961-7100. From everyone at the City of Yorba Linda, we hope that you enjoy your stay. NOISE PARKING MAXIMUM OCCUPANCY DOGS TRASH AND RECYCLING BE ADVISED MORE DETAILS 14 ORDINANCE NO. ___ AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING 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, 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, the City Council considered Zoning Ordinance Amendment No. 2018-01, opened the public hearing and took and considered public testimony both for and against the proposal, closed the public hearing, and 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. ENVIRONMENTAL DETERMINATION: 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 CC ATTACHMENT 2 15 Ordinance No. ___ Page 2 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. 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 goals of the Land Use Element which calls for a variety of housing types and opportunities for all economic segments of the community. SECTION 3. The City Council hereby approves Zoning Ordinance Amendment No. 2018-01, which amends 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 as shown in Exhibit A attached. 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 16 Ordinance No. ___ Page 3 Exhibit A – Zoning Ordinance Amendment No. 2018-01 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 17 Ordinance No. ___ Page 4 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 when in compliance with Chapter 17.28 a. Rental of unit up to 30 days in a calendar year ZC ZC ZC ZC ZC ZC ZC ZC b. Rental of unit 31 to 60 days in a calendar year AP AP AP c. Rental of unit 61 to 120 days in a calendar year CUP CUP CUP 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. 18 Ordinance No. ___ Page 5 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 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. g. 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; 19 Ordinance No. ___ Page 6 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; 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. i. 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. 20 Ordinance No. ___ Page 7 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 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: Number of Guest Bedrooms Total Number of Guests Allowed, Including Primary Occupant 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. 21 Ordinance No. ___ Page 8 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. 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 22 Ordinance No. ___ Page 9 allowed on an approved driveway, garage, and/or carport areas only. Tandem parking in a driveway is permitted for guest 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: No. of Guest Bedrooms No. of Guest Parking Spaces 1-2 1 3-4 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. 23 Ordinance No. ___ 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 - 24