CC SR 20180206 01 - Short Term Rentals Code AmendmentRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 02/06/2018
AGENDA REPORT AGENDA HEADING: Public Hearing
AGENDA DESCRIPTION:
Consideration and possible action to introduce an ordinance 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 to include commercial uses (Case No. ZON2017-00486).
RECOMMENDED COUNCIL ACTION:
1) Introduce 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 OF RANCHO PALOS
VERDES MUNICIPAL CODE BY EXPANDING THE DEFINITION OF A SHORT-
TERM RENTAL TO INCLUDE COMMERCIAL USES.
FISCAL IMPACT: None.
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Octavio Silva, Associate Planner
-
REVIEWED BY: Ara Mihranian, AICP, Director of Community Development
APPROVED BY: Doug Willmore, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Ordinance No. (page A-1)
B. Ordinance No. 604U (page B-1)
C. P. C. Resolution No. 2018-03 (page C-1)
D. Ordinance No. 593 (page D-1)
E. Public Comment (page E-1)
BACKGROUND AND DISCUSSION:
In January 2017, the City Council adopted Ordinance No. 593 (Attachment D), which
affirmed the City's prohibition of Short -Term Rentals (STRs) and the advertisement of
STRs in the City's residential zoning districts. Ordinance No. 593 also included a
definition of an STIR, which is 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
On November 8, 2017, Staff reported to the City Council that the City has been
receiving an increase in resident complaints regarding certain properties being rented
on a short-term basis for commercial events, such as weddings, bachelor parties, and
bridal showers to name a few, resulting in adverse impacts to residential
neighborhoods, such as noise, traffic, parking, and trash. In response, the City Council
adopted Urgency Ordinance No. 604U (Attachment B) and initiated code amendment
proceedings to amend the definition of an STR to include commercial uses. The
Urgency Ordinance amended the STR definition to consist of a rental of a dwelling unit
to visitors for compensation for a period less than 30 days, for lodging and commercial
purposes including, but not limited to, weddings, banquets or events, unless expressly
permitted by the City.
On January 9, 2018, the Planning Commission, at a duly -noticed public hearing and
after considering all testimony, adopted P.C. Resolution No. 2018-03 (Attachment C),
recommending that the City Council adopt an ordinance to expand the definition of an
STR. The proposed ordinance recommended by the Planning Commission would
prohibit the rental of a dwelling unit for commercial purposes by making amendments to
Chapter 17.96 (Definitions) of Title 17 (Zoning). The proposed change is a slightly
modified version of the City Council's STR definition in Urgency Ordinance No. 604U,
as shown as follows (new text shown in underlined text and deleted text shown in
strikethrn„nh text).
"Short-term rental" means a rental, for compensation, of a dwelling i all
or ajm part of any lot or a dwelling unit to visitors for a an
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, feF the puFpeses of ledging,
weddings, s banquets 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.
The recommended language expands the existing STR definition by further defining a
rental to include any part of any lot or dwelling, in the event that a vacant lot or guest
house is advertised for the purposes of a STR, as well as expressly including
commercial uses and lodging. The recommended language continues to make
exceptions for Bed and Breakfast Inns, or for other uses as expressly permitted by the
City (i.e., Film Permits, Special Use Permits, and Home Occupation Permits, to name a
few).
If the City Council introduces Ordinance No. (Attachment A), the ordinance will
return for its second reading on February 20, 2017. The ordinance will then become
effective thirty (30) days after its second reading.
2
Public Comments
On January 18, 2018, a public notice announcing the proposed code amendment and
public hearing was published in the Peninsula News. Staff received one item of
correspondence in response to the public notice (Attachment E). This comment
requested clarification as to whether the proposed code amendment would be
applicable to private parties hosted by the property owner, in which no compensation or
in-kind services is provided. At its January 9, 2018, meeting, some Planning
Commissioners raised a similar concern. Specifically, some Commissioners were
concerned that the proposed amended language may result in the unintended
consequence of prohibiting certain household events, such as Tupperware parties. The
intent of the proposed amended code language is to prohibit commercial events from
occurring at a private residence or lot that will adversely impact the quality of life of the
residents, and not to prevent household events.
California Environmental Quality Act (CEQA)
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 adoption of
the 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.
ALTERNATIVES:
In addition to the Staff recommendations, the following alternative actions 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.
AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES AMENDING CHAPTER 17.96 (DEFINITIONS) OF
TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES
MUNICIPAL CODE BY EXPANDING THE DEFINITION OF A
SHORT-TERM RENTAL TO INLCUDE COMMERCIAL USES,
AND FINDING AN EXEMPTION FROM CEQA (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 January 18. 2018, a Public Notice was published in the Peninsula
News, providing a notice of a public hearing before the City Council on February 6, 2018;
WHEREAS, on February 6, 2018, 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;
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:
A-1
Section 1. The City Council of the City of Rancho Palos Verdes 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 presents quality of life impacts to the City's residents, as
such rentals generate adverse impacts on residential neighborhoods, 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 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.
D. 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.
E. The City Council finds that the proposed amendment is exempt from the
requirements of the California Environmental Quality Act pursuant to
Section 15061(b)(3) and Government Code Section 65962.5(f). 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 adoption of the proposed zoning text amendment 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.
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
A-2
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,
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.
A-3
PASSED, APPROVED AND ADOPTED this 6T" day of February 2018.
Susan Brooks, Mayor
Attest:
Emily Colborn, City 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, 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
i
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 stFi ):
"Short-term rental" means a rental of a dwelling unit or part of a dwelling unit to
visitors wheFe ledging is fumi 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 8t" day of November 2017.
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 8t" day of November 2017, and that the same was
passed and adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Brooks, Duhovic, Dyda, Misetich and Mayor Campbell
None
None
None
Ordinance No. 604U
Page 3 of 3
CITYOF
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF RANCHO PALOS VERDES)
RANCHO PALOS VERDES
AFFIDAVIT OF POSTING
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
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the fore in Js -a _true and correct affidavit of
posting. t, J
Clerk
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. 6040 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
C-1
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
Page 2 of 8
C-2
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
6 1��_
Ara Mih is AICP
Director of Community Development
Secretary to the Planning Commission
William J. Jawfes,
Vice Chairman
P.C. Resolution No.2018-03
Page 3 of 8
C-3
EXHIBIT "A"
DRAFT ORDINANCE NO.
Please see attached.
P.C. Resolution No.2018-03
Page 4 of 8
C-4
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
Page 5 of 8
C-5
Section 1. The City Council of the City of Rancho Palos Verdes hereby makes the
following findings.-
A.
indings:
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
Page 6 of 8
C-6
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 T" day of
ATTEST:
Emily Colborn, City Clerk
Susan Brooks, Mayor
2018.
P.C. Resolution No.2018-03
Page 7 of 8
C-7
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
Page 8 of 8
ME•
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
D-1
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 2Of
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
D-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 4 of 54
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
D-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
me
From:
Michael Colich
To:
Octavio Silva
Subject:
RPV hearing: expand the definition of a Short -Term Rental to include commercial uses
Date:
Friday, January 26, 2018 8:53:29 AM
Mr. Silva,
The purpose of this email is to document our concerns about the proposed code amendment on
short terms rentals as well as for these concerns to be considered before the Council votes on
February 6th.
In reviewing the video archives of the most recent Planning Commission hearing on January 9th
along with the contents of the memorandum, it is a little unclear whether the intent of the
amended ordinance is only to apply to properties being rented for events in exchange for
compensation or events regardless of whether there is compensation.
By definition, the use of the terms "rental" as well as the events in question being described as "for
profit" or "commercial operations", "for compensation" suggests that it would only be enforceable
against property owners who receive some sort of compensation in exchange for the use of their
property.
As a concerned resident, I would appreciate some clarifying language be added to the ordinance so
that it is clearer that the intent is not to obstruct an owner for exercising their property rights to
host private events which are not in exchange for money, goods or services. Events allowed should
include but not be limited to family functions, holiday parties, USC (?) fund raising banquets,
weddings or other private parties in cases where an owner is simply hosting the event for nothing in
return.
The last sentence in the amended language defining "Short-term rental" is also a bit confusing to me
so I ask that you also clarify what you mean by an in-kind exchange of goods, services or premises to
avoid any contradictions in the future.
Thank you,
John M Colich
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