ORD 604U ORDINANCE NO. 604U
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
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 stri •
"Short-term rental" means a rental of a dwelling unit or part of a dwelling unit to
visitors whore 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.
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
Ordinance No. 604U
Page 2 of 3
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.
All
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Mayor
A E T:
Clerk
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. 604U was duly adopted by the City Council of said City at a
regular meeting thereof held on the 8th day of November 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
AL_
CIClerk
Y
Ordinance No. 604U
Page 3 of 3
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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 City Clerk of
the City of Rancho Palos Verdes;
That on November 10, 2017, she caused to be posted the following
document entitled: ORDINANCE NO. 604U, 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,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
0
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the fore• •in4 a true and correct affidavit of
posting. :
rar
it Y Clerk