PC RES 2018-003 P.C. RESOLUTION NO. 2018-03
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES RECOMMENDING TO THE
CITY COUNCIL THAT AN ORDINANCE BE ADOPTED
AMENDING CHAPTER 17.96 (DEFINITIONS) OF TITLE 17
(ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL
CODE TO EXPAND THE DEFINITION OF A SHORT-TERM
RENTAL (CASE NO. ZON2017-00486).
WHEREAS, the City of Rancho Palos Verdes Municipal Code prohibits the
operation of or advertisement for a short-term rental in a single-family and multi-family
residential zoning district;
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)";
WHEREAS, on November 8, 2017, the City Council initiated code amendment
proceedings to expand the definition of a short-term rental to include certain commercial
activities and adopted Urgency Ordinance No. 604U to preserve the public health, safety
and welfare while such proceedings were pending;
WHEREAS, on December 14, 2017, a Public Notice was published in the
Peninsula News, providing notice of a public hearing before the Planning Commission on
January 9, 2018; and
WHEREAS, on January 9, 2018, the Planning Commission held a duly-noticed
public hearing, at which time all interested parties were given an opportunity to be heard
and present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND,
DETERMINE AND RESOLVE AS FOLLOWS:
1. The Planning Commission has determined that the short-term rental of
residential properties in the City for the purposes of hosting weddings,
banquets, parties and events present quality of life impacts to the City's
residents, as they involve safety, and general welfare concerns, such as
noise, traffic, trash, and crime.
2. The City has a compelling interest in protecting the public health, safety and
welfare of its citizens, visitors and businesses in preserving the residential
character and quiet enjoyment of the neighborhoods within the City.
3. The Planning Commission has reviewed and considered the proposed
amendment to Chapter 17.96 (Definitions) of Title 17 of the Rancho Palos
Verdes Municipal Code to expand the definition of a short-term rental to
include the rental of a dwelling unit to visitors for compensation, for a period
less than 30 days, for commercial purposes, including, but not limited to,
lodging, weddings, banquets or events, unless expressly permitted by the
City, such as a Film Permit or Conditional Use Permit for a Bed and
Breakfast.
4. The Planning Commission finds that the proposed amendment to Title 17 is
consistent with the Rancho Palos Verdes General Plan and Coastal Specific
Plan in that it upholds, and does not hinder, the goals and policies of those
plans. Specifically, the Code Amendment will preserve the rural and open
character of the City by prohibiting commercial events in residential
neighborhoods.
5. The Planning Commission finds that the amendment to Title 17 is necessary
to preserve the public health, safety and general welfare in the City's
Residential Zoning Districts.
6. The Planning Commission finds that the proposed amendment is exempt
from the requirements of Pursuant to the provisions of the California
Environmental Quality Act and Government Code Section 65962.5(f).
7. For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of proceedings, the
Planning Commission of the City of Rancho Palos Verdes hereby
recommends to the City Council that an Ordinance be adopted entitled, "AN
ORDINANCE AMENDING CHAPTER 17.96 (DEFINITIONS) OF TITLE 17
(ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO
EXPAND THE DEFINITION OF A SHORT-TERM RENTAL (CASE NO.
ZON2017-00486)," in the form attached to this Resolution as Exhibit "A".
P.C. Resolution No.2018-03
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PASSED, APPROVED and ADOPTED this 9th day of January 2018, by the following
vote:
AYES: Commissioners Bradley, Emenhiser, Tomblin, Leon, and Vice-Chair James
NOES: Commissioner Nelson
ABSTENTIONS: None
RECUSALS: None
ABSENT: None
William J. Ja es,
Vice Chairman
Ara Mih 2.4tEur AICP
Director of Community Development
Secretary to the Planning Commission
P.C. Resolution No.2018-03
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EXHIBIT "A"
DRAFT ORDINANCE NO.
Please see attached.
P.C. Resolution No.2018-03
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES AMENDING 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).
WHEREAS, the City of Rancho Palos Verdes Municipal Code prohibits the
operation of or advertisement for a short-term rental in a single-family and multi-family
residential zoning district;
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)";
WHEREAS, on November 8, 2017, the City Council initiated code amendment
proceedings to expand the definition of a short-term rental to include certain commercial
activities and adopted Urgency Ordinance No. 604U to preserve the public health, safety
and welfare while such proceedings were pending;
WHEREAS, on December 14, 2017, a Public Notice was published in the
Peninsula News, providing notice of a public hearing before the Planning Commission on
January 9, 2018;
WHEREAS, on January 9, 2018, the Planning Commission conducted a duly
noticed public hearing on this Ordinance and adopted P.C. Resolution No. 2018-03,
recommending that the City Council adopt the same;
WHEREAS, on , a Public Notice was published in the Peninsula News,
providing a notice of a public hearing before the City Council on ,
WHEREAS, on , the City Council conducted a duly noticed public hearing
on this Ordinance, and all testimony was received was made a part of the public record;
and,
WHEREAS, the City Council has duly considered all information presented to it,
including the Planning Commission findings, P.C. Resolution No. 2018-03, written staff
reports, and any testimony provided at the public hearing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
P.C. Resolution No.2018-03
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Section 1. The City Council of the City of Rancho Palos Verdes hereby makes the
following findings:
A. The City Council has determined that the short-term rental of residential
properties in the City for the purposes of hosting weddings, banquets,
parties and events present quality of life impacts to the City's residents, as
they involve safety, and general welfare concerns, such as noise, traffic,
trash, and crime.
B. The City has a compelling interest in protecting the public health, safety and
welfare of its citizens, visitors and businesses in preserving the residential
character and quiet enjoyment of the neighborhoods within the City.
C. The City Council has reviewed and considered the proposed amendment
to Chapter 17.96 (Definitions) of Title 17 of the Rancho Palos Verdes
Municipal Code to expand the definition of a short-term rental to include the
rental of a dwelling unit to visitors for compensation, for a period less than
30 days, for commercial purposes, including, but not limited to, lodging,
weddings, banquets or events, unless expressly permitted by the City, such
as a Film Permit or Conditional Use Permit for a Bed and Breakfast.
D. The City Council finds that the proposed amendment to Title 17 is consistent
with the Rancho Palos Verdes General Plan and Coastal Specific Plan in
that it upholds, and does not hinder, the goals and policies of those plans.
Specifically, the Code Amendment will preserve the rural and open
character of the City by prohibiting commercial events in residential
neighborhoods.
E. The City Council finds that the amendment to Title 17 is necessary to
preserve the public health, safety and general welfare in the City's
Residential Zoning Districts.
F. The City Council finds that the proposed amendment is exempt from the
requirements of Pursuant to the provisions of the California Environmental
Quality Act and Government Code Section 65962.5(f).
Section 2. Section 17.96.1705 (Short-Term Rental) of Chapter 17.96 (Definitions) of
Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code is hereby repealed and
replaced with the following:
17.96.1705 - Short-Term Rental
"Short-term rental" means a rental, for compensation, of all or any part of any lot
or dwelling unit to visitors for (a) any event or gathering including, but not limited
to, weddings, banquets, and parties, or (b) for lodging for a period of less than 30
days, in either case except as allowed by Section 17.76.140 (Bed and Breakfast
Inns), or as may be expressly permitted by the City. "For Compensation" includes,
P.C. Resolution No.2018-03
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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. Severability. If any section, subsection, 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 4. 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.
PASSED, APPROVED and ADOPTED this TH day of 2018.
Susan Brooks, Mayor
ATTEST:
Emily Colborn, City Clerk
P.C. Resolution No.2018-03
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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, do hereby certify
that the whole number of members of the City Council of said City is five; that the
foregoing Ordinance No. passed first reading on , 2018, was duly
and regularly adopted by the City Council of said City at a regular meeting thereof held
on , 2018, and that the same was passed and adopted by the following roll
call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Emily Colborn, City Clerk
P.C. Resolution No.2018-03
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