CC SR 20171108 02 - Short Term RentalsRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 11/08/2017
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA DESCRIPTION:
Consideration and possible action to adopt an urgency ordinance and initiate code
amendment proceedings to amend Chapter 17.96 (Definitions) of Title 17 (Zoning) of
the City's Municipal Code to expand the definition of a Short -Term Rental (Case No.
ZON2017-00486).
RECOMMENDED COUNCIL ACTION:
1) Adopt Ordinance No. _U, AN URGENCY ORDINANCE OF THE CITY OF
RANCHO PALOS VERDES, CALIFORNIA, AMENDING CHAPTER 17.96
(DEFINITIONS) OF TITLE 17 (ZONING) OF THE CITY'S MUNICIPAL CODE TO
EXPAND THE CITY'S DEFINITION OF A SHORT TERM RENTAL; and,
2) Initiate Code Amendment proceedings to amend Chapter 17.96 of Title 17 to
expand the definition of a Short -Term Rental.
FISCAL IMPACT: None.
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Octavio Silva, Associate Planner' 4 -
REVIEWED BY: Ara Mihranian, AICP, Director of Community Development°
APPROVED BY: Doug Willmore, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Ordinance No. U (page A-1)
B. Ordinance No. 593 (page B-1)
BACKGROUND AND DISCUSSION:
In January 2017, the City Council adopted Ordinance No. 593 (Attachment B) affirming
the City's prohibition of Short -Term Rentals (STRs) and the advertisement of STRs in
the City's Residential and Multi -Family Zoning Districts. The Ordinance also codified
definitions of "STR," "advertisement," and "responsible party." A STR is currently
defined as "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 30 days, except as allowed by
Section 17.76.140 (Bed and Breakfast Inns)".
1
Since the adoption the Ordinance, the City's Code Enforcement Division has actively
investigated STR complaints, provided notices of violation, and cited property owners
that were found to be in violation of this Ordinance. While the Code Enforcement
Division continues its efforts to enforce the Ordinance, City Staff has received various
complaints from the public regarding housing units being rented for less than 30 days
for the purposes of conducting for-profit events such as weddings, banquets, and other
private parties. The complaints include noise and traffic impacts to adjacent properties,
safety, increases in trash, and reduced parking areas.
It is Staff's opinion that a rental of a housing unit, whether in full or in part, for a period of
less than 30 days for commercial purposes violates the intent of Ordinance No. 593 and
should be prohibited. However, the Municipal Code's current definition of a STR is
limited to rentals for lodging purposes. In order to clearly prohibit all STRs for
commercial purposes in all single-family residential and multi -family zoning districts,
Staff proposes to amend the definition of a STR. Specifically, under the proposed
definition, a STR would consist of the rental of a dwelling unit to visitors for
compensation, for a period less than 30 days, and for commercial purposes including,
but not limited to, lodging, weddings, banquets or events, unless expressly permitted by
the City. The proposed code amendment makes an exemption for social events hosted
by property owners or renters at their own residence and in instances when such
activities are expressly permitted by the City such through a Film Permit or a
Conditional Use Permit for a Bed & Breakfast use. The proposed amendments are
shown below in strokethrnurvh for deleted text and underline for new text.
"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 30 days, except as allowed by Section 17.76.140 (Bed and
Breakfast Inns), or as may be expressly permitted by the City, for the
purposes of lodging, weddings, banquets, events, parties, or any other
events or gatherings. "For compensation" includes, but is not limited to,
rental of the property for money, goods, or services, as well as in-kind
exchanges of goods, services, or premises. "Short term rentals" do not
include social gatherings hosted by the person or persons residing at the
dwellina where the social aatherina is scheduled to occur.
Government Code § 36937 states that an urgency ordinance becomes effective
immediately if the City Council finds, by a four-fifths vote, that the ordinance is for the
immediate preservation of the public peace, safety and welfare of its citizens, residents,
visitors and businesses, and in preserving the residential character and quiet enjoyment
of the neighborhoods within the City by expanding the definition of a Short Term Rental
to include for-profit weddings, banquets, parties, events, and other related gatherings. In
addition, an urgency ordinance is appropriate because without an urgency ordinance the
amendment to the definition of short term rentals will not take effect for two to three
months, during which time the neighborhoods will have to continue to be subjected to
2
noise, trash and traffic impacts. Furthermore, as the holiday season approaches, there is
likely to be an increase in events booked at residential properties, with the corresponding
increase in adverse impacts, therefore the practice must be prohibited immediately to
preserve the public health, safety, and welfare.
If the City Council were to adopt the urgency ordinance (Attachment A), the ordinance will
become effective immediately. However, Staff also recommends that the City Council
initiate code amendment proceedings to amend Title 17. This process would require the
Planning Commission to review the draft language and forward a recommendation to the
City Council for its consideration. The City Council's adoption of an ordinance through the
standard process is recommended by Staff in the unlikely event of a successful challenge
to the validity of the urgency ordinance.
ALTERNATIVES:
In addition to the Staff recommendations, the following alternatives are available for the
City Council's consideration:
1. Direct Staff to return with modified Code language for consideration at a
future scheduled meeting.
2. Direct Staff to take no action at this time.
9
ORDINANCE NO. U
AN URGENCY ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES, CALIFORNIA, AMENDING CHAPTER 17.96
(DEFINITIONS) OF TITLE 17 (ZONING) OF THE CITY'S
MUNICIPAL CODE TO EXPAND THE CITY'S DEFINITION OF A
SHORT TERM RENTAL
WHEREAS, the City of Rancho Palos Verdes Municipal Code prohibits the
operation and advertisement of a short-term rental in a single-family and multi -family
residential zoning district; and,
WHEREAS, the City of Rancho Palos Verdes Municipal Code Section 17.96.1705
defines a short-term rental as "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 30 days, except as
allowed by Section 17.76.140 (Bed and Breakfast Inns)" ; and,
WHEREAS, City Staff has received multiple complaints about properties in the City
being rented on a short-term basis for-profit venues to host weddings, banquets, parties
and events. These complaints encompass impacts to the City's residents' quality of life,
safety, and general welfare as it pertains to noise, traffic, trash, and crime; 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
residential character and quiet enjoyment of the neighborhoods within the City by
expanding the definition of a Short Term Rental to include for-profit weddings, banquets,
parties, events, and other related gatherings; and,
WHEREAS, an urgency ordinance is appropriate because without an urgency
ordinance the amendment to the definition of short term rentals will not take effect for two
to three months, during which time the neighborhoods will have to continue to be
subjected to noise, trash, traffics, etc., thus an immediate amendment to what constitutes
a prohibited short term rental is required; and,
WHEREAS, as the holiday season approaches, there is likely to be an increase in
events booked at residential properties, with the corresponding increase in adverse
impacts, therefore the practice must be prohibited immediately to preserve the public
health, safety, and welfare; and
WHEREAS, Government Code Section 36937 expressly authorizes the City
Council to adopt an urgency ordinance for the immediate preservation of the public peace,
health, or safety, if the ordinance is approved by four-fifths of the City Council. To this
end, this Ordinance is adopted for the immediate preservation of the public peace, health,
and safety, given the impacts associated with Short -Term Rentals in the City's residential
and multi -family zoning districts; and
A-1
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 2100 et. seq. ("CEQA"), the State's CEQA Guidelines,
California Code of Regulations, Title 14, Section 150000 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 properties 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, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Rancho Palos Verdes hereby
makes the following findings:
A. The above recitals are true and correct and incorporated fully herein.
B. The City Council finds that the amendments to Chapter 17.96 of the
Rancho Palos Verdes Municipal Code are consistent with the City's General Plan and
Coastal Specific Plan in that they uphold, and do not hinder, the goals and policies of
those plans.
C. The City Council finds that the amendments to Chapter 17.96 are
necessary to preserve the public health, safety, and general welfare in the City's
residential zoning districts.
SECTION 2. Section 17.96.1705 is hereby modified to the Rancho Palos
Verdes Municipal Code to read, as follows (proposed additions are underlined and
proposed deletions are in strikethre unh)•
"Short-term rental" means a rental of a dwelling unit or part of a dwelling unit to
visitors for compensation for a period of less than 30
days, except as allowed by Section 17.76.140 (Bed and Breakfast Inns), or as may
be expressly permitted by the City, for the purposes of lodging, weddings,
banquets, events, parties, or any other events or gatherings. "For compensation"
includes, but is not limited to, rental of the property for money, goods, or services,
as well as in-kind exchanges of goods, services, or premises. "Short term rentals"
do not include social gatherings hosted by the person or persons residing at the
dwelling where the social gathering is scheduled to occur.
Ordinance No. U
Page 2 of 4
A-2
SECTION 3. If any section, subsection, sentence, clause, or phrase of this
ordinance is for any reason held to be invalid or unconstitutional by a decision of any court
of any competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council hereby declares that it would have passed
this ordinance, and each and every section, subsection, sentence, clause and phrase
thereof not declared invalid or unconstitutional without regard to whether any portion of
the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4. The City Clerk shall certify to the passage and adoption of this
ordinance, and shall make a minute of the passage and adoption thereof in the records
of and the proceedings of the City Council at which the same is passed and adopted. This
Ordinance shall take effect immediately, pursuant to the authority conferred upon the City
Council by Government Code section 36937. The City Clerk shall cause a summary of
this ordinance to be published in accordance with Government Code section 36933 in a
newspaper of general circulation which is hereby designated for that purpose.
SECTION 5. This Urgency Ordinance shall go into effect and be in full force
and effect immediately upon its adoption by a four-fifths (4/5) vote of the City Council
pursuant to Government Code sections 36934 and 36937.
PASSED, APPROVED and ADOPTED this 8th day of November 2017.
ATTEST:
Emily Colborn, City Clerk
Brian Campbell, Mayor
Ordinance No. U
Page 3 of 4
A-3
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF RANCHO PALOS VERDES
I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, California, do
hereby certify that the whole number of the City Council of said City is five; that the
foregoing Ordinance No. U was duly adopted by the City Council of said City at a
regular meeting thereof held on the 8t" day of November 2017, and that the same was
passed and adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk
Ordinance No. U
Page 4 of 4
A-4
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 2gf
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 I
(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
B-3
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 46f 5
PASSED, APPROVED and ADOPTED this 17th day of January 2017.
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
B-5
I! CITY OF Lk 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
30940 Hawthorne Blvd.
Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
Ladera Linda Community Center
32201 Forrestal Drive
Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct affidavit of posting.
Acting City Clerk