CC SR 20180220 K - Short Term Rentals Code Amendment Ord 605 AdoptionRANCHO PALOS VERDES CITY COUNCIL
AGENDA REPORT
AGENDA DESCRIPTION:
MEETING DATE: 02/20/2018
AGENDA HEADING: Consent Calendar
Consideration and possible action to adopt Ordinance No. 605 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) Adopt Ordinance No. 605, 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 AND FINDING AN
EXEMPTION FROM CEQA (CASE NO. ZON2017-00486).
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Octavio Silva, Associate Planner I's.
REVIEWED BY: Ara Mihranian, AICP, Director of Community Development,.10
APPROVED BY: Doug Willmore, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Ordinance No. 605 (page A-1)
All previous Staff Reports, meeting Minutes, and public comments on this topic can be
found on the City's website via the February 6, 2018, City Council Agenda at
httD://rDV.aranicus.com/MetaViewer.DhD?view id=5&cliq id=3071 &meta id=51463.
BACKGROUND AND DISCUSSION:
On February 6, 2018, Ordinance No. 605 (Attachment A) was introduced by the City
Council. This evening, Ordinance No. 605 is being presented to the City Council for its
second reading and adoption. This ordinance will go into effect on March 22, 2018,
which is thirty (30) days from its adoption.
1
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative action is available for
the City Council's consideration.
Direct Staff to revise Ordinance No. 605 for re -introduction at a future City
Council meeting.
2
ORDINANCE NO. 605
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 INCLUDE 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.
met.
WHEREAS, all legal prerequisites to the adoption of the Ordinance have been
A-1
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
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:
A-2
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,
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.
Section 5. Effective Date. This Ordinance shall go into effect at 12:01 AM on the
31 st day after its passage.
A-3
PASSED, APPROVED AND ADOPTED this 20th 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. 605 passed first reading on February 6, 2018, was duly and
regularly adopted by the City Council of said City at a regular meeting thereof held on
February 20, 2018, and that the same was passed and adopted by the following roll call
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Emily Colborn, City Clerk
i