ORD 593 ORDINANCE NO. 593
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES AMENDING CHAPTER 17.02
(SINGLE-FAMILY RESIDENTIAL (RS) DISTRICTS),
CHAPTER 17.04 (MULTI-FAMILY RESIDENTIAL (RM)
DISTRICTS) AND CHAPTER 17.96 (DEFINITIONS) OF TITLE
17 (ZONING) OF THE CITY'S MUNICIPAL CODE TO AFFIRM
THE PROHIBITION OF SHORT-TERM RENTALS AND TO
PROHIBIT THE ADVERTISEMENT OF SHORT-TERM
RENTALS IN THE CITY'S SINGLE-FAMILY AND MULTI-
FAMILY RESIDENTIAL ZONING DISTRICTS.
WHEREAS, on May 17, 2016, the City Council of the City of Rancho Palos Verdes
initiated text amendment proceedings to expressly articulate the existing prohibition on
short-term rentals within the City; and,
WHEREAS, on July 12, 2016, the Planning Commission considered proposed text
amendment language to expressly prohibit short-term rentals and the advertisement of
such uses within the City, after which the Planning Commission continued the meeting to
allow City Staff time to further research the issue of short-term rentals and to identify
additional options for the regulation of such uses; and,
WHEREAS, on August 23, 2016, the Planning Commission was presented with
options to regulate short-term rentals within the City, and after considering public
testimony and evidence presented that evening, the Commission, on a 4-2 vote,
recommended to the City Council that short-term rentals be prohibited within the City, with
the exception of home sharing, where the property owner is present at all times; and,
WHEREAS, on September 20, 2016, the Planning Commission's recommendation
was presented to the City Council for consideration, to which the City Council affirmed
that pursuant to Section 17.86.030, the City's Development Code is structured as a
"permissive zoning system"; thus, because short-term rentals are uses that are not
specifically enumerated in the Zoning Code, they are currently prohibited in the City; and,
WHEREAS, on October 18, 2016, the City Council was presented with an update
on code enforcement activities related to the regulation of short-term rentals, as well as
possible code amendments to bolster the City's enforcement framework, and directed
Staff to work with the City's Planning Commission to prepare amended code language
that would prohibit short-term rentals and the advertisement of short-term rentals; and,
WHEREAS, on November 29, 2016, the Planning Commission adopted P.C.
Resolution No. 2016-14, recommending that an ordinance be adopted affirming the
prohibition of short-term rentals in the City's Residential Zoning Districts (RS and RM),
prohibiting the advertising of short-term rentals in the City, and providing definitions for
advertising, responsible party and short-term rentals; and
WHEREAS, on December 1, 2016, a Public Notice was published in the Peninsula
News, providing notice of a public hearing before the City Council on December 20, 2016;
and
WHEREAS, on December 20, 2016, after notice issued pursuant to the provisions
of the Rancho Palos Verdes Municipal Code, the City Council of the City of Rancho Palos
Verdes conducted and concluded a duly noticed public hearing concerning the Municipal
Code amendments contained herein as required by law, and received testimony from City
staff and all interested parties regarding the proposed amendments; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 21000 et. seq. ("CEQA"), the State's CEQA Guidelines,
California Code of Regulations, Title 14, Section 15000 et. seq., the City's Local CEQA
Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and
Substances Statement), it has been determined that the proposed Code Amendment is
exempt from CEQA, pursuant to Section 15061(b)(3) and Section 15321. Section 15061
states that CEQA applies only to projects which have the potential for causing a significant
effect on the environment. Where it can be seen with certainty that there is no possibility
that the activity in question may have a significant effect on the environment, the activity
is not subject to CEQA. The Code Amendment is exempt because it consists only of
minor revisions and clarifications to an existing zoning code and will not have the effect
of deleting or substantially changing any regulatory standards or findings. The proposed
Ordinance is an action that does not have the potential to cause significant effects on the
environment, but rather will clarify prohibited uses of residential property in the City; and,
WHEREAS, City staff and the City Council have received multiple complaints about
short-term rentals in the City. Specifically, the City has received complaints about noisy
parties disturbing the peace of residential neighborhoods early in the morning and late at
night, the parking of oversized party vehicles on residential streets, and an increase in
trash in residential neighborhoods; and
WHEREAS, the City has a compelling interest in protecting the public health,
safety, and welfare of its citizens, residents, visitors and businesses, and in preserving
the peace and quiet of the neighborhoods with the City by regulating short-term rentals
and the advertising of short-term rentals in the City; and,
WHEREAS, all legal prerequisites to the adoption of the Ordinance have
occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
Section 1. The facts set forth in the Recitals are true and correct, and are
incorporated herein by reference.
Ordinance No. 593
Page 2 of 5
Section 2: The City Council finds that this text amendment to Title 17 is consistent
with the Rancho Palos Verdes General Plan and Coastal Specific Plan in that they uphold,
and not hinder, the goals and policies of those plans. The City Council further finds that
the amendments to Title 17 are express restatements of the existing prohibition on short-
term rentals in the City, as the City's Municipal Code is permissive, and short-term rentals
are not a permitted use.
Section 3,: The City Council finds that the amendments to Title 17 expressly
prohibiting short—term rentals and the advertisement thereof are necessary to preserve
the public health, safety, and general welfare in the City's residential (RS and RM) zoning
districts.
Section 4. Section 17.02.026 (Short-Term Rentals and Advertisement of Short-
Term Rentals) of Chapter 17.02 (Single-Family Residential (RS) Districts) of Article I
(Residential Districts) of Title 17 (Zoning) is hereby added as follows:
17.02.026 - Short-Term Rentals and Advertisement of Short-term Rentals
a. No Person shall operate a Short-Term Rental in a single family residential
zoning districts.
b. No Responsible Party shall post, publish, circulate, broadcast or maintain any
Advertisement of a Short-Term Rental prohibited in any of the City's single-
family residential zoning districts.
Section 5. Section 17.04.050 (Short Term Rentals and Advertisement of Short
Term Rentals) of Chapter 17.04 (Multiple-Family Residential (RM) Districts) of Article
(Residential Districts) of Title 17 (Zoning) is hereby added as follows:
17.04.050 - Short-Term Rentals and Advertisement of Short-term Rentals
a. No Person shall operate a Short-Term Rental in a multi-family residential
zoning districts.
b. No Responsible Party shall post, publish, circulate, broadcast or maintain any
Advertisement of a Short-Term Rental prohibited in any of the City's multi-
family residential zoning districts.
Section 6. Sections 17.96.025 (Advertisement), 17.96.1593 (Responsible Party),
and 17.96.1705 (Short Term Rental) of Chapter 17.96 (Definitions) of Article VIII
(Administration) of Title 17 (Zoning) is hereby added as follows:
17.96.025 - Advertisement
"Advertisement" means any announcement, whether in a magazine, newspaper,
handbill, notice, display, billboard, poster, email, internet website, platform or
application, any form of television or radio broadcast or any other form of
communication, whose primary purpose is to propose a commercial transaction.
Ordinance No. 593
Page 3 of 5
17.96.1593- Responsible Party
"Responsible Party" means any property owner or tenant, or any agent or
representative thereof, who causes or permits any violation of this Code. To cause
or permit includes failure to correct after receiving notice from the City of the
violation.
17.96.1705 - Short-Term Rental
"Short-Term Rental" means a rental of a dwelling unit or part of a dwelling unit to
visitors where lodging is furnished for compensation for a period of less than
thirty days, except as allowed by Section 17.76.140.
Section 7. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this ordinance or its application to any person or
circumstance, is for any reason held to be invalid or unenforceable by a court of
competent jurisdiction, such invalidity or unenforceability shall not affect the validity or
enforceability of the remaining sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases of this ordinance, or its application to any other person or
circumstance. The City Council declares that it would have adopted each section,
subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the
fact that any one or more sections, subsections, subdivisions, paragraphs, sentences,
clauses or phrases hereof be declared invalid or unenforceable.
Section 8. Certification and Posting. The City Clerk shall cause this Ordinance to
be posted in three (3) public places in the City within fifteen (15) days after its passage,
in accordance with the provisions of Section 36933 of the Government Code. The City
Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause
this Ordinance and its certification, together with proof of posting, to be entered in the
Book of Ordinances of the Council of this City.
Ordinance No. 593
Page 4 of 5
PASSED, APPROVED and ADOPTED this 17th day of January 2017.
129
yor
ATTEST:
Acting City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, Teresa Takaoka, Acting City Clerk of the City of Rancho Palos Verdes, California,
do hereby certify that the whole number of members of the City Council of said City is
five; that the foregoing Ordinance No. 593 passed first reading on December 20, 2016,
was duly and regularly adopted by the City Council of said City at a special meeting
thereof held on January 17, 2017, and that the same was passed and adopted by the
following roll call vote:
AYES: Brooks, Duhovic, Dyda, Misetich and Mayor Campbell
NOES: None
ABSENT: None
ABSTAIN: None
Acting City Clerk
Ordinance No. 593
Page 5 of 5
CITY OF RANCHO PALOS VERDES
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES)
The undersigned, being first duly sworn, deposes and says:
That at all times herein mentioned, she was and now is the Acting City Clerk of
the City of Rancho Palos Verdes;
That on January 19, 2017, she caused to be posted the following document entitled:
ORDINANCE NO. 593,AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES AMENDING CHAPTER 17.02 (SINGLE-FAMILY
RESIDENTIAL(RS) DISTRICTS), CHAPTER 17.04(MULTI-FAMILY RESIDENTIAL
(RM) DISTRICTS)AND CHAPTER 17.96(DEFINITIONS)OF TITLE 17(ZONING)OF
THE CITY'S MUNICIPAL CODE TO AFFIRM THE PROHIBITION OF SHORT-TERM
RENTALS AND TO PROHIBIT THE ADVERTISEMENT OF SHORT-TERM
RENTALS IN THE CITY'S SINGLE-FAMILY AND MULTI-FAMILY RESIDENTIAL
ZONING DISTRICTS, a copy of which is attached hereto, in the following locations:
City Hall Ladera Linda Community Center
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct affidavit of posting.
Acting City Clerk